Highways and rights of way

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A section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) relating to specific pieces of...
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Produced in partnership with Abbie Pritchard-Hooper of IBLaw 19th May
Practice notes
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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19th May
Practice notes
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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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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19th May
Practice notes
The EU Birds Directive—summaryThe EU Birds Directive—summaryEU Council Directive 2009/147/EC on the conservation of wild birds (OJ L 20, 26.1.2010)...
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19th May
Practice notes
The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...
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Produced in partnership with Stephen Morgan of Landmark Chambers 19th May
Practice notes
Role of material considerations in planning decisionsWhen considering an application for planning permission or permission in principle, section 70(2)...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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19th May
Practice notes
IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...
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19th May
Practice notes
Presumption in favour of sustainable developmentPolicy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published...
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19th May
Practice notes
Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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Produced in partnership with Stephen Morgan of Landmark Chambers 19th May
Practice notes
The Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under a threat of,...
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19th May
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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19th May
Practice notes
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...
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19th May

Most recent Highways and rights of way content

Q&As
If a person owns land which abuts a public highway are there any statutory or other provisions which deal with that landowners right to gain access...
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15th Aug
Q&As
Are private rights extinguished when a road is dedicated and adopted as a highway?Co-existence of private rights of way and public highwayThe Highway...
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15th Aug
Practice notes
Maintenance liability for highwaysHighways not maintainableThere are some, but very few, highways for which nobody has any liability for maintenance....
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors and Alastair Frew of Lodders Solicitors 15th Aug
Q&As
How accurate is the Definitive Map?The Definitive Map is a map prepared by a local authority which is a legal record of public rights of way (PROW) in...
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15th Aug
Q&As
Does a party to a section 278 agreement under the Highways Act 1980 need to have an interest in land?In answering this Q&A, we have considered whether...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 15th Aug
Q&As
Can a traffic regulation order be applied to a private road?The traffic authority for a road outside of Greater London may make a traffic regulation...
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Produced in partnership with Adam Heppinstall of Henderson Chambers 15th Aug
Precedents
Precedent s 278 agreementDATE [insert date]Parties1[insert name] of [insert address] (the ‘Council’)2[insert name] of [insert address] [incorporated...
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10th Aug
Precedents
Precedent bond agreementDATE [insert date]Parties1[insert name] of [insert address] [incorporated in England and Wales with company registration...
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10th Aug
Precedents
Precedent s 38 agreementDATE [date]Parties1[insert name] of [insert address] (the ‘Council’)2[insert name] of [insert address] [incorporated in...
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10th Aug
Q&As
Can a bridleway become a public highway? What is the statutory process that has to be followed when upgrading the highways?Highways can be created by...
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10th Aug
Q&As
A public footpath runs along a sea wall which forms part of a farm. Does the vesting of the footpath pursuant to section 263 of the Highways Act 1980...
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10th Aug
Q&As
Is there any provision under section 38 of the Highways Act 1980 or elsewhere which requires a mortgagee to be party to a section 278 or section 38...
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Produced in partnership with James Ryan of Carbon Law 10th Aug
Q&As
A property is subject to both a vehicular prescriptive right of way and a public right of way, assuming this over the same route, can the vehicular...
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10th Aug
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...
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Produced in partnership with Emily Knowles of Sharpe Pritchard 10th Aug
Q&As
Can landowners use a road prior to its adoption as a public highway?Adoption and the right to use a route are separate concepts, with the former...
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Produced in partnership with Christine Willmore of University of Bristol Law School 10th Aug
Q&As
Do you have any information on the implications of building over a building line?A 'building line' is a prescribed frontage line for building in front...
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10th Aug

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