The following Planning practice note provides comprehensive and up to date legal information covering:
The Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway authorities to maintain adopted highways at public expense and provides for payment to highway authorities for highway works and their maintenance, provided the authority is satisfied that it will be of benefit to the public.
Adoption under HiA 1980, s 38 is the most common way of creating new highways that are maintainable at the public expense. The developer must construct streets to an agreed standard, having secured technical approval of the highway authority to the designs. This process takes place in accordance with a legal agreement between the developer and the highway authority. The s 38 agreement sets out the obligations of the developer to construct the streets and to maintain them for a set period (normally 12 months). Following the satisfactory discharge of these obligations, the new streets are automatically dedicated as public highway and are maintainable at the public expense.
HiA 1980, s 38(6) gives the highway authority considerable discretion in setting the technical requirements for the new highway. The agreement may contain 'such provisions as to the dedication as a highway of any road or way to which the agreement relates, the bearing of the expenses of the construction, maintenance or improvement of any
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Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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