Cripps Harries Hall

Highways and rights of way

Property development frequently needs new roads, or the closure or diversion of old ones.

What we do

Highway agreements

Two common forms of highway agreement are the "section 38 agreement" where a developer creates a road that, in due course, is to be adopted and maintained by the local highway authority and the "section 278 agreement" under which a developer agrees to carry out highway improvements - which can range from a layby to a new motorway junction. We deal with all types of highway agreements, including those relating to bridges and overhanging licences.

Stopping up and diversion

We also deal with the removal of highway status from a site to enable development to take place (called "stopping up") and the diversion of roads and other public rights of way.

Private and public rights

Private rights of way can also hinder development. You may, on the other hand, be seeking to establish a right of way. We give advice and, where appropriate, process or resist claims to rights of way.

Our clients

Our clients include developers, land owners, local authorities, and local interest groups

Why Cripps Harries Hall?

We integrate specialist areas of expertise such as highway into the work carried out by our property and development teams. We appreciate how vital highway issues can be. They need to be addressed at the preliminary stages of a project, and form part of a your development strategy.

Next steps

For further information please contact Jason Towell or Victoria Back. 

  • Advising Berkeley Homes (Eastern) Limited in negotiating with the Highways Agency and Kent County Council on highways agreements to provide for works to the M20 motorway to facilitate the development of a redundant quarry for 1,000 homes
  • Acting for Kent Police Authority to obtain planning permission and stopping up of highways for a residential development at a surplus police station in Rochester, Kent
  • Providing highways and planning advice to First Inn Venture (Swindon) Limited on the re-development of a redundant site in a 133 bedroom hotel in central Swindon
  • Acting for a utility company in successfully resisting, at inquiry, the diversion of a footpath through an operational site
  • Negotiating a number of highways agreements for Wates Construction Limited in relation to its regeneration project for over 300 houses at Liberty Park, Coventry
Name Role Contact
Beth Gascoyne Associate +44 (0)1892 506 324
Jason Towell Partner +44 (0)1892 506 218

Key contacts

Jason Towell
Highways & rights of way
+44 (0)1892 506 218
e-mail