Q&As

Broadly, what is the process for applications under section 31(6) of the Highways Act 1980? Specifically, what level of protection is afforded and from when does that protection run?

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Published on LexisPSL on 25/04/2017

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Broadly, what is the process for applications under section 31(6) of the Highways Act 1980? Specifically, what level of protection is afforded and from when does that protection run?

Broadly, what is the process for applications under section 31(6) of the Highways Act 1980? Specifically, what level of protection is afforded and from when does that protection run?

Section 31(6) of the Highways Act 1980 (HiA 1980) states that:

‘6) An owner of land may at any time deposit with the appropriate council—

(a) a map of the land, and

(b) a statement indicating what ways (if any) over the land he admits to have been dedicated as highways;

and, in any case in which such a deposit has been made, declarations [in valid form] made by that owner or by his successors in title and lodged by him or them with the appropriate council at any time—

(i) within [20 years in respect of land in England and 10 years in respect of land in Wales] from the date of the deposit, or

(ii) within [20 years in respect of land in England and

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