Q&As

Would an agreement under section 278 of the Highways Act 1980 be needed in order to undertake works to cross a ditch to create a new access, where the ditch unusually forms part of the dedicated highway?

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Produced in partnership with Jim Ryan of Acuity Law
Published on: 14 March 2022

Section 278(1) of the Highways Act 1980 (HiA 1980) provides that a ‘highway authority may, if they are satisfied it will be of benefit to the public, enter into an agreement with any person for the execution by the authority of any works which the authority are or may be authorised to execute, or for the execution by the authority of such works [etc]...on terms that person pays the whole or such part

Jim Ryan
Jim Ryan

Partner, Acuity Law


Jim is an experienced specialist town and country planning lawyer, whose practice also includes compulsory purchase, highway law, rights of way and the law of commons and town and village greens.
 
His early career was spent as an engineering technician in Local Government and then as an infrastructure designer in the housebuilding industry, before reading for a law degree at UWE Bristol and then training with Burges Salmon in Bristol.
 
On qualification in 2001, he joined Burges Salmon’s Planning Team and later spent four and a half years as sole legal counsel to M J Gleeson Group plc, before returning to private practice.
 
Jim is also a Board Trustee with Emmaus, Bristol, a charity helping people out of homelessness.

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Jurisdiction(s):
United Kingdom
Key definition:
Highway authority definition
What does Highway authority mean?

The organisation responsible for the maintenance of a public highway.

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