Roads and Development in Scotland: A Practical Guide

Taken from over twenty five years in advising on roads matters, this work provides an up-to-date guide to roads law in Scotland, focussing on how roads law impacts on the development of land. It considers the key characteristics of a road and how roads are distinguished from other rights in land such as public rights of way, servitudes and access rights. It considers the circumstances in which roads can be created, the extent of roads (both horizontal and vertical) as well as consenting requirements for the construction of roads and private accesses. This practical guide explains the various mechanisms for regulation of roads including road maintenance, installation of apparatus and control of works in a road. Road traffic regulation orders are considered in detail, as are other emerging forms of road regulation such as low emission zones and workplace parking licensing schemes. The powers and procedures for various forms of stopping up order are also explored. The importance of transport and planning policy are explained, including the implications of the national planning framework now being part of the development plan. Consideration is also given to how roads issues are addressed within the development management system, including recent case law on use of planning obligations and planning conditions, as well as the possible future implications of the proposed infrastructure levy and masterplan consent areas. ABOUT THE AUTHOR Michael Greig is a Legal Director at DLA Piper with over twenty five years’ experience in planning and roads law, including extensive in-house local authority experience. Michael has advised on major transport schemes in both Scotland and England, including the Queensferry Crossing and various orders for the upgrading of the A1. He has advised on the review of road traffic regulation orders for civil bus lane camera enforcement as well as providing day to day advice on the relationship between roads law and development. Michael is a long-standing member of the Law Society of Scotland’s planning law reform committee and speaks frequently at training seminars on planning and roads law matters. CONTENTS Chapter One – Introduction Chapter Two – Types of Way – Roads, Accesses and Access Rights Chapter Three – Formation of a Road Chapter Four – Extent of a Road Chapter Five – Road Construction Chapter Six – Adoption of Roads and Transfer of Maintenance Responsibility Chapter Seven – Maintenance of Roads Chapter Eight – Management of Roads and Land Adjacent to Roads Chapter Nine – Road Works – Installation and Maintenance of Apparatus Chapter Ten – Control of Works in a Road Chapter Eleven – Road Traffic Regulation Chapter Twelve – Stopping Up Orders Chapter Thirteen – Roads and Planning