Highway Law

We can advise on all aspects of highway law, drawing on years of in-house and private practice experience, advising many developers, landowners and highway authorities..

We have particular expertise in acting for developers, landowners and highway authorities in the drafting and negotiation of Highway Agreements under Sections 38 and 278 of The Highways Act 1980.

We can advise in relation to highways (including footpath) diversion and stopping up orders, and any issues arising regarding rights of way and highway adoption and maintenance issues.

Traffic law expertise includes the implementation of traffic engineering measures such as permanent, experimental and temporary traffic regulation orders.

Rowles Davis LTD can also advise on road closures for special events and for highways and road works, and the associated regulatory powers and duties under The Traffic Management Act 2004, and the enforcement of offences under The New Roads and Street Works Act 1991.

Section 38 Agreements

Section 278 Agreements

Stopping Up Orders

Section 38 Highways Agreements ensure that developers build new highways to "adoption" standard before they are adopted as highway and maintained at the public expense by the local highway authority.
Section 278 Highways Agreements ensure that works on existing highways are carried out to the required standard and ultimately paid for by the developer.
Road traffic may be stopped up permanently or subject to a temporary road traffic regulation order to enable road works, street works or sporting events to take place.

Highway Diversions


Highways and Planning

Public highways may be diverted or extinguished in certain circumstances, for instance if a new planning permission necessitates this or if a highway is no longer needed.
Many footpaths are recorded by the local highway authority on a "definitive plan". However, the definitive plan is not actually definitive, so it is sometimes necessary to hold a public inquiry to determine if a public right of way exists.
If highway works are required in connection with a planning permission, these will often be dealt with by way of Section 106 Agreement or Undertaking.