Q&As

If a notice is served on an individual to remove a structure pursuant to section 143 of the Highways Act 1980 (HA 1980), and they do not remove it, the Local Highways Authority may remove the structure. Costs can be recovered under statute when the owner comes to collect their property. If the owner fails to collect it, can the Highways Authority sell or destroy the structure?

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Published by a LexisNexis Local Government expert

Published on: 16 May 2023

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The provisions of section 143 of the Highways Act 1980 (HiA 1980), do not expressly grant authority for disposal of the structure removed by way of sale or destruction in the way that the provisions of HiA 1980, s 149 authorise following application and grant of permission by the court.

The remedy for recovery of the costs in the scenario posed, is governed

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Jurisdiction(s):

United Kingdom

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