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As a developer, you may want to make changes to existing highways or to develop new roads to serve your development. The Highways Act 1980 sets out how a developer can agree with a local authority on alterations to road schemes and the construction of new roads and the associated infrastructure.
This is a complex area of law and it is important to be represented by expert highways development solicitors if you are considering entering into a contract for the creation of a road. Liabilities can be extensive and you need to ensure that the agreement is as favourable as possible and that you are fully aware of the implications involved before you sign.
At Glanvilles, our highway agreements lawyers have in-depth experience in dealing with local authorities. We will take the time to understand the needs of your development and negotiate on your behalf to secure the right agreement.
Our services include the following:
We are known for our attention to detail as well as our legal expertise. We offer an exceptional service and will make sure that you have the guidance and advice you need to maximise the potential of your development.
Contact our expert highways agreements solicitors in Chichester, Fareham or Havant or fill in our simple online enquiry form for a quick response.
A Highways Act 1980, section 278 agreement allows a developer to make alterations to a public road. This could be changing junctions, creating a roundabout, adding a lane to allow traffic to turn, installing traffic calming provisions or making safer areas for cyclists and pedestrians.
The alterations will usually be needed as part of a development and the agreement will set out the details of how the work is to be done.
Matters dealt with in a section 278 agreement include:
The developer will have liability for payment and ensuring works are compliant with both the planning consent and the terms of the agreement. They will often also be required to pay for the final inspections of the road alterations. The developer will need to ensure that any necessary notices are served before the works are commenced.
The local authority will generally require a bond to be paid, which will be retained should the work not be completed or should work be needed to bring the road alterations up to the required standard.
A highway agreement is a contract made between a developer and local authority setting out how alterations to the existing road scheme or the creation of new roads will be dealt with.
There are numerous terms and conditions to be included and agreements tend to be onerous and complex. The local authority will want the developer to take on liability both for costs and for ensuring that the work complies with their standards as well as with the agreed planning, which will need to be put in place before the highway agreement is dealt with.
Putting an agreement in place with the local highway authority can take considerable negotiation. They will want to be sure that the agreed works will be safe to use and of an acceptable standard. They will require the agreement to give them cover in the event that additional works are required or the road is not finished to the required standard.
The local authority will also want the works to be managed safely and with as little disruption as possible to the traffic system while they are carried out. How this will be managed will need to be agreed upon and the details set out in the contract.
The developer will also be required to secure any permits or licences needed before the work is started and to serve any notices that are required by law.
A Highways Act 1980, section 38 agreement is an agreement between the local authority and a developer allowing the developer to create a new road together with any other works that are required for the highway, such as drainage and lighting.
The developer will be liable for the costs of the new road as well as the cost of having it inspected to ensure that it is of the required standard.
Key terms and conditions included in section 38 agreements include:
Our expert highways solicitors regularly negotiate complex agreements in respect of road alterations and the creation of new highways. We will take the time to understand your developments and what you want from your agreement. We are robust negotiators and we will work to ensure that the best possible terms and conditions are agreed upon, giving you the flexibility you need and minimising your liability as far as possible.
Our advice will be clear and pragmatic and our guidance will take into account your overall aims. We understand how important it is to put agreements into place without delay and we always work proactively to move matters forward.
Our many years of experience in dealing with developments means that, should a difficulty arise, we will be able to deal with it quickly and effectively.
Our highways agreements experts can offer:
When you use our highways agreements service, we promise:
Contact our highly experienced highways agreements solicitors in Chichester, Petworth, Fareham or Havant or fill in our simple online enquiry form for a quick response.