Highways, Streets and Public Rights of Way

Gain a comprehensive understanding of how regulations and statutory requirements related to highways, streets, and public rights of way affect planning processes. Tailored for legal professionals, this guidance provides essential insights to navigate challenges, ensure compliance, and offer effective client advice. Efficiently manage disputes and applications within the planning framework, equipped with the crucial tools and expertise needed to protect interests and maintain public access and land use integrity.

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Practice notes
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Sub Topics We Cover

Highway obstructions and nuisance Highways—maintenance, adoption and works agreements Public rights of way and definitive maps Traffic and streets

Latest Planning News

Planning reform working paper—reforming site thresholds

Planning reform working paper—reforming site thresholds

The following Planning news provides comprehensive and up to date legal information on Planning reform working paper—reforming site thresholds

Planning weekly highlights—12 June 2025

Planning weekly highlights—12 June 2025

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—12 June 2025

Defra and Natural England publish guidance on management plans for Protected Landscapes

Defra and Natural England publish guidance on management plans for Protected Landscapes
Modernising planning committees—proposed reforms and implications

Modernising planning committees—proposed reforms and implications

The following Planning news provides comprehensive and up to date legal information on Modernising planning committees—proposed reforms and implications

Featured Planning content

Statutory wayleaves and rights of access

Statutory wayleaves and rights of access

Statutory wayleaves and rights of accessUtilitiesThe water, gas, electricity, communications and energy industries enjoy statutory rights of access...

Planning conditions—the six tests

Planning conditions—the six tests

Planning conditions—the six testsPowers to impose planning conditionsThe general powers for local planning authorities (LPAs) to impose conditions on...

What rights of access are there over an unadopted road, the owner of which is unknown?

What rights of access are there over an unadopted road, the owner of which is unknown?

What rights of access are there over an unadopted road, the owner of which is unknown?Normally, if there is privately owned land in between a property...

What is a section 111 agreement?

What is a section 111 agreement?

What is a section 111 agreement?Section 111 agreements are agreements entered into with a local authority under section 111 of the Local Government...

Q&As

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? What is the effect if a way is both adopted but also shown as within a registered title to a residential property?

Where a roadway is adopted by the local highways authority, can it also form part of an individual property owner's registered title? What is the...
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Produced in partnership with Emily Knowles of Sharpe Pritchard
30th May
Practice notes

Section 215 notice requiring maintenance of land

Section 215 notice requiring maintenance of landIntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to...
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30th May
Q&As

Can a Grampian condition be imposed in respect of works which require Planning Permission in their own right?

Can a Grampian condition be imposed in respect of works which require Planning Permission in their own right?Grampian conditions and planning...
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Produced in partnership with Sarah Fitzpatrick of Norton Rose Fulbright
2nd Jun
Practice notes

Bias and pre-determination in planning cases

Bias and pre-determination in planning casesScope of bias and pre-determination in planning casesBias and pre-determination can be an issue in...
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2nd Jun
Practice notes

Permitted development in Wales

Permitted development in WalesPlanning permission is required for the development of land. 'Development', which is defined in the Town and Country...
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30th May
Practice notes

Declaratory relief of planning decisions

Declaratory relief of planning decisionsA declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a...
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30th May
Practice notes

Sites of Special Scientific Interest (SSSIs)

Sites of Special Scientific Interest (SSSIs)What is a Site of Special Scientific Interest?Sites of Special Scientific Interest (SSSIs) are sites in...
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2nd Jun
Q&As

If an unadopted highway has fallen into disrepair, what rights are open to an individual whose right to pass and repass over that highway has been restricted by the state of disrepair?

If an unadopted highway has fallen into disrepair, what rights are open to an individual whose right to pass and repass over that highway has been...
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Produced in partnership with Alastair Frew of Lodders Solicitors
2nd Jun
Q&As

Are there any restrictions on amending the red line on a planning application before it is determined?

Are there any restrictions on amending the red line on a planning application before it is determined?There is no statutory basis which expressly...
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30th May
Practice notes

What is a town or village green?

What is a town or village green?The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to...
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Produced in partnership with Stephen Morgan of Landmark Chambers
2nd Jun
Practice notes

Material change of use

Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is...
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2nd Jun
Q&As

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in existence for 12 years without a relevant build over agreement in place)? Are there any specific powers to require a build over agreement to be entered into retrospectively (if the authority owned the sewer prior to the 2011 transfer)?

Is there a limitation period for water authorities to require a build over agreement to be entered into (for example, if a building had been in...
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2nd Jun
Practice notes

Implementing a CPO—notice to treat and General Vesting Declaration

Implementing a CPO—notice to treat and General Vesting DeclarationContextThe confirmation of a compulsory purchase order (CPO) does not vest title in...
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30th May
Practice notes

The Crichel Down Rules

The Crichel Down RulesThe Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under...
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30th May
Practice notes

Appropriation of land for planning purposes

Appropriation of land for planning purposesLocal authorities who have acquired land for a statutory purpose must hold that land for that purpose. They...
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Produced in partnership with Kate Silverman of Clarke Willmott
2nd Jun
Practice notes

Planning judicial review

Planning judicial reviewScope of planning judicial reviewA claim for judicial review is defined in the Civil Procedure Rules 1998 (CPR), SI 1998/3132,...
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2nd Jun

Popular documents

Can the local authority un-adopt an already adopted road, if so under what circumstances can they do so?

Can the local authority un-adopt an already adopted road, if so under what circumstances can they do so?Once a highway has been adopted, if it is no longer needed as public highway, or when the land is needed for development to take place, it can be 'stopped up' with the effect that the public no

What rights of access are there over an unadopted road, the owner of which is unknown?

What rights of access are there over an unadopted road, the owner of which is unknown?Normally, if there is privately owned land in between a property and the highway, the person requiring access over that land will be granted rights of access over it by the owner of that land. If the ownership over

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a rentcharge is shown as being informally exonerated on title information, does this apply to the

If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some