Highways

Landmark’s barristers advise individuals and highway authorities on all aspects of all types of highways ranging from rights and obligations and issues arising over their creation by dedication (and acceptance) or by statute, their subsequent maintenance or improvement, or restrictions on their use, and to their diversion or stopping up. The work can also involve addressing various related matters such as rights of adjoining owners, or interaction with undertakers’ apparatus, unauthorised obstructions or issues arising in connection with bridges or waterways as well as matters related to development control.  Barristers also appear at associated hearings or inquiries.  We can assist in marshalling and testing evidence in connection with all aspects, ranging from proposals for modifications to definitive maps to the intricacies of highway design and engineering.  For motorway and trunk road schemes, or for bypasses and relief roads, CPOs or other orders or procedures such as those involved for stopping up private means of access or temporary diversions may also be involved.  The range of potential rights, obligations, orders and procedures which can arise for all categories of highways often requires interactions with a wide variety of expert witnesses and legal principles addressing a sometimes surprising breadth and variety of disciplines.  Landmark barristers also advise and appear in proceedings relating to streets under the New Roads and Street Works Act 1991.

(See also Transport Orders)