Out-Law News 1 min. read

Creation of Highways England on the way as Infrastructure Act receives Royal Assent


Measures that will turn the Highways Agency into a government-owned company with access to long-term, stable funding have cleared their final legal hurdle, the UK government has confirmed.

The Infrastructure Act, which has now received royal assent, will create Highways England as an arms-length company which will be "more accountable to parliament and to road users", according to the Department for Transport (DfT). Other measures contained in the act will make it easier to take forward infrastructure projects of 'national significance', give local communities the right to buy a stake in renewable energy projects and modernise the Land Registry.

"This act will hugely boost Britain's competitiveness in transport, energy provision, housing development and nationally significant infrastructure projects," said Patrick McLoughlin, the transport secretary. "A key part of this act will be the creation of Highways England, which will for the first time use long-term sustained funding to deliver the government's roads investment strategy, worth £15 billion, to deliver more than 100 schemes between now and the end of the next parliament."

The Highways Agency is responsible for the construction and maintenance of England's strategic road network, made up of motorways and major trunk roads. It is currently an executive agency which is part of the DfT. From April, it will be converted into a government-owned corporation with its own five year 'roads investment strategy' budget, similar to the model already in use on the railways.

The new Highways England will be held to account by a strategic roads network monitor, operated by the Office of Rail Regulation (ORR), which will publish information on its performance and have the power to take action if it does not comply with the conditions of its license. Passenger Focus, which represents the interests of public transport passengers, will be rebranded as Transport Focus and carry out an expanded role on behalf of motorists, cyclists, walkers and business users of the strategic roads network.

The Infrastructure Act will also establish a set of national standards on what amounts to 'allowable solutions'; enabling developers of new homes that meet the 'zero carbon homes' obligation to offset a certain amount of carbon emissions through cost effective off-site abatement measures. It will also enable surplus and redundant public sector land and property to be sold off more quickly, and introduce a new 'deemed discharge' provision on planning conditions for projects that have already been granted planning permission.

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