We are retained by Wiltshire and Gloucestershire County Councils under 'call down' contracts advising on planning and highways issues including drafting and negotiating highways agreements relating to developments including section 38 and section 278 agreements. We have also provided locum planning and highway law services for North Devon District Council, Kennet District Council and Somerset County Council.
The team covers the whole spectrum of highways related work such as:
- drafting and negotiating highway agreements (including section 38, section 278 and section 127 agreements) and acting in the procurement of highways construction and maintenance services (including PFI)
- advising in respect of highways issues including the private streets work code, powers for and drafting CPOs in relation to Highways schemes (including Side Roads Orders), drafting traffic regulation orders, acting in respect of rights of way inquiries, advising on Definitive Map issues, implementing stopping up/ diversion orders (under both the Planning and Highways codes) as well as advising on issues of status of verge and crossing tidal waters (whether by river walks or bridges)
- obtaining stopping up and diversions of highways under the Highways Act and TCPA including (including advocacy in the Magistrates Court and at public inquiries).
Work experience/case studies:
- Advising and drafting numerous stopping up order applications for developers including in respect of development in Swansea by a private developer, Churchill PFI project and the Vale of Glamorgan County Borough Council.
- Advising Newport City Council on the PFI scheme for the Southern Distributor Road (SDR) (including advice on issues of removal of abandoned vehicles, statutory undertakers rights in respect of laying apparatus in highway and cost sharing regulations).
- Advising Caerphilly County Borough Council on the PFI road scheme at Sirhowy Enterprise Way including subsequent advice in connection with inter alia variation of requirements in connection with vehicle measurement equipment contracts, NRSWA powers and rights for sharing of costs with undertakers and powers to require diversions.
- Advising on the Gwent Consultancy outsourcing project which involved advising on the options available to 5 Unitary Authorities to partner with the private sector in relation to its existing highways and transportation consultancy (which involved a full explanation of the issues of regulated companies). This resulted in the establishment of a joint venture company (Capita Gwent Consultancy Ltd.) in which ultimately 4 of the 5 Unitary Authorities participated with a private sector “partner” to deliver consultancy services to the Unitary Authorities. It was necessary not only to advise on powers and the use of well-being powers (prior to the introduction of the trading and charging regime) but also to steer the project through the EU procurement ultimately requiring the successful tenderer to set up a joint venture company to which the service contract would be let.
