Highways and byways

Dealing with highways and support infrastructure

Stopping up of Highways

Property development plans often involve the stopping up or realignment of public or private rights of way. The separate process for getting permission to change rights of way, that are both well protected and jealously guarded, must be managed in conjunction with building applications. Getting the timing right is critical if your clients' proposals are to succeed.

Richard Max & Co can help your clients by

  • Checking for the existence of public rights of way
  • Working with your client's architects and highways and planning consultants to ensure their application is bullet proof
  • Advising on the relevant legal process ie Highways Act 1980 or Town and Country Planning Act 1990
  • Acting as their advocate at stopping up or footpath diversion inquiries
  • Monitoring the progress of their application including liaison with the relevant statutory undertakers ie utilities

Infrastructure

Significant property development plans often involve the construction of infrastructure. These include permanent services such as drainage, roads, telecoms and other utilities. The objective of each development should be to get this infrastructure adopted as public property by the Local Authority who will assume responsibility for future maintenance.

Richard Max & Co can help your clients by

  • Negotiating relevant with the Local Authority

See case study ยป

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Case study

Brief

Road

A retail redevelopment in Bolton town centre required the permanent closure of two strips of road: one of 10m and one of 30m. Fierce local objection was raised to the extinguishment of a public right of way.

Role of Richard Max

  • Acting both as solicitor and advocate at the subsequent Public Inquiry
  • Overseeing negotiations with local groups

Outcome

Inspector concluded that highways should be stopped up

 
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