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Highways and public rights of way

Providing landowners, developers and local authorities with legal advice on all aspects of highway planning and public rights of way.

Our Planning and Compulsory Purchase team specialise in highways and public rights of way, acting for highway authorities, developers and landowners.

We offer extensive expertise in planning matters related to highway law and public rights of way, ensuring that our clients receive tailored guidance meeting project specific needs.

With significant experience working for and collaborating with local highway authorities, we are well-positioned to advise on the promotion and delivery aspects of highway planning.

Our deep understanding of key legislation, including the Highways Act 1980, Town and Country Planning Act 1990, New Roads and Street Works Act 1991 and the Planning Act 2008 and Welsh and Scottish equivalents, enables us to effectively navigate the complexities of securing highway agreements, planning permission and compulsory purchase orders (CPOs, as well as NSIPs for larger projects.

Our services also include providing developers with strategic advice on the stopping up and diversion of highways to facilitate development, street work licences, and drafting and negotiating agreements under the Highways Act for the construction, modification, alteration and dedication of highways.

We also act on behalf of landowners in respect of applications to modify the Definitive Map to include or exclude public rights of way.

Services

Highway improvements for developers

Tailored advice on the legal requirements relating to highway improvement which form part of redevelopment schemes and negotiation of highway agreements.

Promotion of highway developments on behalf of local authorities

Strategic support for local authorities in advancing highway infrastructure projects.

Nationally Significant Development Applications for highways

Expertise in managing and securing development consent orders for large-scale highway projects classified as Nationally Significant Infrastructure Projects.

Stopping up orders and diversions for highway development

Legal guidance on the closure or diversion of highways to enable development.

Compulsory purchase orders for highway schemes

Comprehensive assistance with the acquisition of land through compulsory purchase orders for highway projects.

Examples of our work

Isle of Anglesey Council

Advised Isle of Anglesey Council on significant highway improvements essential for the delivery of the Wylfa Newydd nuclear power station, ensuring compliance with infrastructure requirements.

Two local authorities

Guided two local authorities on a joint project promoting a major 5km highway, including securing necessary Compulsory Purchase Orders under the Highways Act 1980, ensuring smooth project execution.

National Highways

Supported National Highways with securing development consent for numerous Nationally Significant Infrastructure Projects , providing strategic legal support throughout the process, as well as Highway Act Orders.

Landowner

Successfully defended a landowner at inquiry, preventing the inclusion of a restricted byway on the Definitive Map, protecting the client’s property rights.

Charity

Secured stopping up orders and facilitated the dedication and adoption of land with unknown ownership as highway, enabling a charity to deliver an assisted living scheme.

Pembrokeshire County Council

Acted for Pembrokeshire County Council and successfully secured compulsory purchase and side roads orders for the delivery of the new Maiden Wells bypass, including acting as advocates at the public inquiry.

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What others say

“Very client-oriented, and willing to work collaboratively within a team.”

Legal 500 UK 2025

“Have always found Burges Salmon solicitors speak well, plainly and in a way that is easy to understand no matter how complicated the case. They speak with empathy and understanding.”

Legal 500 UK 2025

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