Highway authority meaning

How are section 278 and section 38 agreements revealed? Check the outcome of the local search and the seller’s replies to enquiries. A section 278 agreement will only be registrable as local land charges if: it has been entered into pursuant to an obligation in a s 106 agreement; or the highway authority (HA) has declared that there has been a financial default under the agreement. Section 278 agreements Section 278 agreements are used where a developer requires off-site work (other than simple access) to be carried out to a highway. The HA may design and construct the highway works at the developer’s expense. Alternatively, the agreement can appoint the developer as the HA’s agent to undertake the works, in which case a bond must support the agreement. If the developer carries out the works, a certificate of practical completion is issued once the HA engineer is satisfied that the works are complete. Following successful completion of a 12-month maintenance period,...

Original news Chesterton Commercial (Oxon) Limited v Oxfordshire County Council [2015] EWHC 2020 (Ch) What was the background to the case? Chesterton, a property developer, bought three sites that included parking bays. A local authority search indicated the bays were not within the public highway. Yet the council omitted to disclose it had long been examining whether the land was in truth highway. It later concluded the land was highway and updated its records to reflect that. By then, relying on the search outcome, Chesterton had already exchanged contracts to acquire the property. Once completion had taken place, it transpired the search was wrong. The council contended the claim must fail as the search was accurate when issued. Chesterton went on to develop and sell the...

In this issue: Advertising, marketing and sponsorship Consumer protection International Public procurement Sale and supply of goods Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—7 August 2024 The Advertising Standards Authority (ASA) considered a complaint about an influencer’s Instagram promotion for alternative antidepressants, which was alleged to deter people from seeking appropriate medical care for depression. The ASA agreed with the complaint and upheld it. See: LNB News 07/08/2024 43. ASA publishes reminder for motoring ads marketers The ASA has issued guidance reminding marketers that motoring ads must portray road safety and prudent driving responsibly. It highlights Rule 19.2 of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), which requires that advertising must not condone or encourage unsafe or irresponsible driving, nor depict conduct that, if copied, could breach the legal duties of the Highway...

R (on the application of Swainsthorpe Parish Council) v Norfolk County Council [2021] EWHC 1014 (Admin) What are the practical implication of this case? For clarity, it is helpful to identify the parties and their respective roles: Swainsthorpe Parish Council, the Claimant Norfolk County Council (NCC), the Defendant, Highway Authority South Norfolk District Council (SNDC), Interested Party, Local Planning Authority (LPA) The court determined that NCC acted unlawfully by considering economic benefits when replying to the statutory consultation in its capacity as highway authority. Mrs Justice Lang DBE concluded that, under the legislation, the statutory consultation scheme for planning applications required: the LPA (SNDC) to consult the local highway authority (NCC) on the relevant categories, and nothing beyond that the NCC, as local highway authority, to provide a substantive reply to the LPA (SNDC) confined to the relevant categories, and no further matters Although the breadth of matters taken into account ultimately undermined NCC’s...

This Practice Note identifies the traffic authorities empowered to manage highway traffic across the highway network under the Road Traffic Regulation Act 1984 (RTRA 1984), and outlines a traffic authority’s obligations in relation to road traffic. It sets out how that duty is discharged by making Traffic Regulation Orders (TROs) pursuant to the RTRA 1984, and the situations where approval from the Secretary of State or the Welsh Ministers is required, where necessary and appropriate, before an Order is made. What is a Traffic Regulation Order? A TRO is a formal order or byelaw issued by a traffic authority specifying the type and scope of traffic restrictions within a particular locality...

Highway authorities have a statutory obligation to act to prevent, so far as practicable, the stopping up or obstruction of highways within their areas. This Practice Note sets out guidance on obstructions under the Highways Act 1980 (HiA 1980) arising from placing building works, scaffolding or skips on the highway. For broader coverage of highway obstruction, see Practice Note: Obstruction of highways. For details of the tools available to local authorities to address highway obstructions, see Practice Notes: Local authority powers to manage highway obstructions—criminal offences and Local authority powers to manage highway obstructions—civil remedies. Licences for building works, scaffolding and skips Positioning scaffolding, hoardings or skips on the highway (including pavements) constitutes an obstruction and may amount to a nuisance. Under HiA 1980, s 137(1), a person who, without lawful authority or excuse, wilfully obstructs free passage along a highway commits an offence and is liable to imprisonment for a term not exceeding 51 weeks or a fine, or both. See Practice Note: Obstruction of highways. That...

The outcome of most road traffic matters depends on their own circumstances. There are rarely absolute rules. Yet, over the past century, a body of case law has developed that offers useful guidance across many familiar situations. Rulings reached on the facts of individual cases should not be taken as statements of law. Even so, earlier judgments often provide a sound indication of how questions of liability are likely to be decided. Roundabouts Rules 184–190 of the Highway Code explain what drivers should do when approaching, and while negotiating, a roundabout. Motorists must give way to traffic coming from the right unless told otherwise, for example by traffic lights. They should also adapt their speed and road position to suit prevailing traffic conditions. Rule 186 of the Highway Code sets out guidance on correct signalling, but motorists should bear in mind that road users already on a roundabout may not be signalling properly, or at all...

This Agreement is entered into on [ insert date ] of [ insert month ] [ insert year ] by and between: [ insert name ], of [ insert address ] (' Council '); [ insert name ], of [ insert address ] (' County Council '); [ insert name ], a company duly incorporated and registered in [ insert details ] under number [ insert details ], whose registered office is at [ insert address ] (' Developer '); [ Additional parties as necessary eg owner, landlord, mortgagee, option holder etc. ] (' [ insert additional parties as necessary eg owner, landlord, mortgagee, option holder etc ] '). Recitals The Council is the local planning authority for the purposes of section 106 of the 1990 Act for the area within which the Land is situated and is the body by whom the obligations contained in this Deed are enforceable. The County Council is the local highway...

[ At the County Court at [ insert ] or in the High Court of Justice ] [ [ Identify division ] ] [ [ Identify specialist court ] ] [ [ Insert location ] ] Claim No: [ Insert claim number ] Between [ Insert name and details of the Claimant ] — Claimant and [ Insert name and details of the Defendant ] — Defendant and [ Insert name and details of the Third Party ] — Third Party Third Party’s Defence to Defendant’s Additional Claim The Third Party admits paragraphs 1 to 3 of the Particulars of Additional Claim...

[ Name of Traffic Authority ] Public [ Highway or Public Right of Way ], [ Location i.e. Town, Village, Parish ] (Temporary Restriction on Through Traffic) Order [ Year ] Section 14(1) Road Traffic Regulation Act 1984...

Given the enquirer notes the highway is 'seldom used', the initial issue to examine is whether the route ought to remain a highway that is maintained at the cost of the public purse...

Such works may fall under section 105(1)(b) of the HGCRA 1996 Such works may fall within section 105(1)(b), which treats road maintenance as a construction operation covering the construction, alteration, repair, maintenance, extension, demolition or dismantling of works forming, or to form, part of land, including walls, roadworks, power lines, electronic communications apparatus, runways, docks, harbours, railways, inland waterways, pipelines, reservoirs, water mains, wells, sewers, industrial plant, and installations for land drainage, coast protection or defence. Alternatively, section 105(1)(e) catches operations integral to, preparatory for, or rendering complete those works, including site clearance, earth-moving, excavation, tunnelling, laying foundations, erecting, maintaining or dismantling scaffolding, site restoration, landscaping, and providing roadways and other access. No specific authority concerns these works, yet courts have often held that less orthodox activities are construction operations, for example: Baldwins Industrial Services plc v Barr: crane with driver hire held integral, preparatory to, or completing works under sections 105(1)(a) and (e). Some contracts are excluded from being a ‘construction...

For this Q&A, it is assumed that the lighting apparatus is intended to illuminate the highway, and that the local council is, in addition, the highway authority as well for these purposes...