Q&As

Does a local authority have a power to declare a street to be a highway maintainable at public expense, or is it a duty?

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Produced in partnership with Jo Hannah of Winckworth Sherwood
Published on LexisPSL on 03/03/2020

The following Planning Q&A produced in partnership with Jo Hannah of Winckworth Sherwood provides comprehensive and up to date legal information covering:

  • Does a local authority have a power to declare a street to be a highway maintainable at public expense, or is it a duty?

Does a local authority have a power to declare a street to be a highway maintainable at public expense, or is it a duty?

Section 228(1) of the Highways Act 1980 (HiA 1980) provides that where street works have been executed on a private street, the street works authority (the local highway authority (LHA)) may, by a notice displayed in a prominent position in the street, declare the street to be a highway which is a highway maintainable at public expense. Then, at the expiry of one calendar month from the date on which the notice was first displayed, the street shall become such a highway.

This declaration process is, however, subject to the owner, or the majority of owners in the street objecting to the adoption during the one month period referred to above. If they object, the street will not become highway maintainable at public expense. The LHA can, however, apply to the magistrates’ court for an order overturning the objections. Such application has to be made within two months from the end of the one-month period referred to above. An appeal against an order overriding the objection can be made and, if successful, the street will not become highway maintainable at public expense. If no appeal is made, or the

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