Q&As

Does a highway authority have a duty to maintain structures on the highway, and if so, where in the Highways Act 1980 is this duty found? Can this duty to maintain structures eg bus shelters on the highway, be delegated to a parish council?

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Published on LexisPSL on 08/12/2020

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

  • Does a highway authority have a duty to maintain structures on the highway, and if so, where in the Highways Act 1980 is this duty found? Can this duty to maintain structures eg bus shelters on the highway, be delegated to a parish council?

Does a highway authority have a duty to maintain structures on the highway, and if so, where in the Highways Act 1980 is this duty found? Can this duty to maintain structures eg bus shelters on the highway, be delegated to a parish council?

We have assumed for the purposes of this response that the highway in question is a highway maintainable at the public expense.

A highway authority is under a statutory duty in section 41 of the Highways Act 1980 (HiA 1980) to maintain a highway maintainable at the public expense.

Maintenance for these purposes includes repair. The duty is an absolute duty to maintain, not merely a duty to take reasonable care to maintain, but it is not absolute in the sense that the road has to be perfect. The duty is to put the highway in such good repair as renders it reasonably passable for the ordinary traffic of the neighbourhood at all seasons of the year without danger caused by its physical

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