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Class B: Development by the Secretary of State or a strategic highways company under the Highways Act 1980
Class B is the Highways Act permitted development right in Part 9 for works carried out by the Secretary of State or a strategic highways company in exercise of functions under the Highways Act 1980. It also covers works connected with, or incidental to, the exercise of those functions.
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What does Highways Act permitted development cover?
The right applies where the works are carried out by the Secretary of State or a strategic highways company and are undertaken in exercise of their functions under the Highways Act 1980. It also extends to works in connection with, or incidental to, those functions.
That link to the statutory function is central. Class B is not a general permission for development simply because it forms part of a large road project.
What is a strategic highways company?
For Class B, the GPDO defines a strategic highways company as a company appointed under Part 1 of the Infrastructure Act 2015. The definition is built into Class B itself, so the status of the body carrying out the works is part of the legal test.
Part 1 of the Infrastructure Act 2015 contains the statutory framework for strategic highways companies.
How is Class B different from Class A?
Class A is the broader Part 9 right for highway authorities carrying out specified road maintenance or improvement works. Class B is aimed at the Secretary of State and strategic highways companies exercising Highways Act 1980 functions.
The distinction is worth making at the start. If the proposed developer is a local highway authority, Class A is normally the first Part 9 provision to examine. If the works are being carried out under strategic highway functions, Class B may be the relevant route.
Connected and incidental works
The class expressly includes works connected with or incidental to the exercise of the relevant Highways Act functions. That wording gives Class B practical reach beyond the core operation, but it does not remove the need for a genuine connection with the statutory function.
Limits and procedure
Class B does not contain its own numerical size limits or prior approval procedure. The key tests are the identity of the body carrying out the development and the relationship between the works and the relevant Highways Act 1980 functions.
Other statutory powers, environmental controls, land rights and consents can still apply. Permitted development deals with planning permission, not every legal power needed to carry out a highway scheme.
Current Class B legislation
Explore Part 9
Page Created: 11th August 2023
Page Updated: 23rd September 2026