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.
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