Alastair Frew

This Practice Note summarises the public’s statutory right to roam under the Countryside and Rights of Way Act 2000, including the basic definition of access land, the 13 general exceptions where the right to roam does not apply, the restrictions on the use of access land, and the duty of the Natural England and Natural Resources Wales to review the maps at roughly ten-yearly intervals. It notes that the access authorities, which are the National Park Authorities, the highway authorities and the Broads Authority, may construct means of access to access land, and make byelaws regulating the use of access land.

This Practice Note refers to people’s legal right to use vehicular transport, ride a horse or drive animals along most highways. It explains that the most frequent classifications of highways into types are by permitted traffic (for example, a footpath or bridleway) and maintenance authority (for example, a classified road or GLA road). There is also an alphabetical list with description of the major highway types in England and Wales.

This Practice Note summarises the statutory basis, nature and function of the definitive map and statement that a highway authority must keep of the public rights of way in its area, under the Wildlife and Countryside Act 1981 (WCA 1981). It explains the highway authority’s duty to keep the map and statement under constant review and to update and modify them where necessary, and the events and orders that will require modification of the map and statement. It sets out the procedures for making a modification order, both for when it is initiated by the authority, and for when it is initiated by an application to the authority from another party.

This Practice Note explains the procedure for statutory undertakers and those with street work licences to use the highway for utility works and apparatus through the statutory provisions in the New Roads and Street Works Act 1991 and other enabling legislation. It explains who are statutory undertakers. It sets out the duty of care owed both statutory and in common law to other highway users.

This Practice Note explains the law of nuisance in relation to highways, noting that the common law on this issue is expressly preserved by section 333 of the Highways Act 1980. It discusses the circumstances in which builders’ works, scaffolding and skips, racing and unsuitable traffic, stationary traffic, and bridges and beams across the highway may be a nuisance, referring to common law and statute. It also provides an overview of potential nuisances from adjoining property, including domestic or farm animals, pigeons, smoke and fumes, and trees.

This Practice Note discusses the difference between highway land merely vested in the highway authority and highway land belonging completely to the authority. It summarises key cases and legislation including the Highways Act 1980 (HiA 1980) and the Local Government Act 1929, and explains that where the highway land is merely vested, the highway authority’s ownership extends physically to the top two spade-depths of the relevant land or as far down as is necessary for the construction and maintenance of the highway, including its drains. While such a vested ownership is usually sufficient, highway authorities may buy freehold estates in land under HiA 1980 for the construction of new or improved highways.

This Practice Note explains the definition of a traffic sign under the Road Traffic Regulation Act 1984, the powers and duties of a local traffic authority regarding putting traffic signs up on a highway, and the prohibition on putting up traffic signs for most other organisations and people. It provides an overview of central government controls aimed at achieving uniformity, referring extensively to the Traffic Signs Regulations and General Directions 2016, SI 2016/362.

This Practice Note explains that the quality of highway maintenance required depends on the expected ordinary traffic on the highway in question. It also explains that individuals who sustain injury from danger on a highway can sue the highway authority for negligence and that if the highway authority can prove it took reasonable care it has a statutory defence under the Highways Act 1980. It also notes that at common law, the duty is to keep the highway in reasonable condition, not improve it. The authority must conduct routine inspections of the highway surface and have a system for incoming reports of damage, but the duty to keep the highway in repair does not extend to the damage done by extraordinary traffic.

This Q&A discusses when work requires consent under the building regulations, specifically after being re-roofed.

This Q&A considers the aesthetic obligations on a highway authority when it decides to repair a wall which verges on the highway when the landowner refuses to do so.

This Q&A discusses the liability of a successor in title if their predecessor has breached a tree preservation order.

This Q&A considers the highway authority’s powers to maintain lighting equipment.

This Q&A considers the industry code of practice for the manufacture, installation and maintenance of gates and barriers so they are safe for pedestrians.

This Q&A considers whether a highway authority can compel a railway company to undertake repairs to an unsafe railway bridge.

This Q&A considers whether a local authority can serve a notice under HiA 1980, s 149 to an unknown person for a transit van which was left on a highway.

This Q&A considers whether a local highway authority can manage parking and traffic on a non-publicly maintainable highway.

This Q&A considers what constitutes ‘dangerous’ for the purposes of section 149 of the Highways Act 1980.

This Q&A considers what rights are available to an individual whose right to pass and repass over an unadopted highway has been restricted by its state of disrepair.

This Q&A considers whether a highways authority has a duty to consult with the public on proposed highway works.

This Q&A considers who is responsible for repairing and maintaining a railway bridge which is in private ownership but over which a public highway is located.