Q&As

If a district council proposes to designate all streets in the district as consent streets and the county council disagree with the policy as it does not include a requirement for each application to be considered by the county council as highway authority, can the county council as highway authority state they will not be liable for any accidents occurring from a consent given on a consent street?

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Published on LexisPSL on 18/04/2016

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

  • If a district council proposes to designate all streets in the district as consent streets and the county council disagree with the policy as it does not include a requirement for each application to be considered by the county council as highway authority, can the county council as highway authority state they will not be liable for any accidents occurring from a consent given on a consent street?

If a district council proposes to designate all streets in the district as consent streets and the county council disagree with the policy as it does not include a requirement for each application to be considered by the county council as highway authority, can the county council as highway authority state they will not be liable for any accidents occurring from a consent given on a consent street?

Public highways are used for many purposes beyond simply travelling from one place to another. The Lexis® PSL Local Government Practice Note: Markets, street trading and street parties examines the legal implications of static uses of highway land and of controlling or prohibiting traffic to facilitate static uses.

Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (LG(MP)A 1982) allow district councils to designate any street in their district as:

  1. a prohibited street

  2. a licence street, or

  3. a consent street

It is an offence to trade in a prohibited street, or (without a licence or consent) in a licence or consent street, respectively.

LG(MP)A

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