Highway Expert Witness
We offer a full range of services with respect to the provision of highway expert witness advice. This can be in relation to simple safety matters involving personal or traffic accidents through to complex public inquiries on major planning applications. Our experienced highway expert witness staff have acted on cases in local Magistrates Courts, County Courts, the High Court and the Royal Court of Justice in London.
Our wide base of experience in this field includes planning applications, planning enforcement appeals, public highway closure and Traffic Regulation Orders, public rights of ways issues (closures and diversions) and alleged professional negligence. We have expert witnesses in the fields of traffic and transportation, flood risk and highway design.
Where planning permission has been refused an applicant has the right to appeal to the Secretary of State for an independent decision on the proposed development. Appeals can be in three forms, a simple exchange of statements known as a written representations appeal, a local hearing which is an Inspector lead discussion between all parties and a Public Inquiry where professional witnesses provide formal evidence in a court room setting and are cross examined by counsel acting for the opposing parties. In all cases an Inspector appointed by the Secretary of State considers all evidence presented, asks his own questions of witnesses and views the site before making his/her decision to allow or dismiss the appeal.
In addition to the above some major applications can be ‘called in’ for examination by the Secretary of State, and will then be determined through the Public Inquiry process.
Appeals can, especially with public inquiries, be a very expensive process and where planning consent has been withheld by an Authority for unjustified or unreasonable grounds it is possible to make an application for costs to recover the costs of the work involved in the appeal process.
We regularly provide Written Statements, attend Local Hearings and Public Inquires working either directly for Clients or via instructing planning consultants and solicitors as part of a dedicated team. In this area of work we have represented both the private sector and Local Planning Authorities.
Highway Public Inquiry Website
Need assistance at a Public Inquiry that involves Highway Matters, Traffic Regulation Orders or a Stopping Up Order?
We have put together a dedicated website which you can view at http://www.highway-public-inquiry.co.uk this website includes much further detail on a Highway Public Inquiry and how our experts can assist you.
Traffic Regulation Orders
Traffic Regulation Orders cover a wide range of issues including on street parking and loading restrictions, speed limits, prohibition of driving orders and access point closures to name but a few.
Stopping Up Order
Creation, diversion and ‘stopping up’ of public rights of way are all subject to legal orders which may be under either the Highways Act or Town and Country Planning Act legislation depending on the circumstances. Rights of Way may also relate to rights on foot, cycle or horse, or to all classes of public user. The Highway Act means of closure can require appearance in local Magistrates’ Court, and where objections are raised to a proposed change to a public right of way under the Town and Country Planning Act this can in some cases lead to a local public inquiry.
Professional Negligence and Personal Injury
Where road traffic or personal injury accidents have unfortunately occurred we have been appointed to provide an opinion of causation factors and have represented Clients where redress against the Local Highway Authority or third parties has been sought.
An example of our work in this field is our involvement in providing expert witness opinion and court appearance with respect to the circumstances of a fatal traffic accident in Leeds. Other cases where our expert opinions have been requested are in relation to injuries arising from alleged defective public highways and highway drainage.
We have also been involved in cases of alleged professional negligence where expert opinion is provided on the salient factors of the case and guidance is required by the Court in reaching its decision. Expert opinion in this area can be provided on a wide range of issues from highway related planning matters through to construction specifications and on-site works. We are aware of the requirements of expert witnesses in this area of work and of their duty to the court.
We would be happy to discuss with prospective clients the basic procedures involved in any of the above and other work in this field if required. We are also able to provide initial desk top advice on the merits of a case as the first stage in the process.
Need assistance from a Highway Expert Witness regarding Highway Matters, Traffic Regulation Orders or a Stopping Up Order?
We have put together a dedicated website which you can view at http://www.highwayexpertwitness.com this website includes much further detail on the Highway Expert Witness Services provided by Sanderson Associates.
Help With Highway Expert Witness Services
We have vast experience working as Highway Expert Witnesses covering many different types of proposed developments for our clients, we would welcome the opportunity to provide you with a competitive fee proposal.
Please get in touch with us if we can assist you further.