Q&As

If a quiet (rarely used) highway maintainable at public expense had an individual who drives large heavy vehicles over the road, and continually kept on damaging it, what options would a local authority have against that individual? Would the local authority have to continue to repair the road over and over again?

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Produced in partnership with Jim Ryan of Acuity Law
Published on: 02 May 2023
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The questioner states that the highway is 'rarely used', so perhaps the first consideration is as to whether or not the highway should continue to be a highway maintainable at the public expense. If there is an alternative route, it may be worth considering stopping up the highway, perhaps using the powers in Part VIII of the Highways Act 1980 (HiA 1980) such that the way would revert to being private

Jim Ryan
Jim Ryan

Partner, Acuity Law

Jim is an experienced specialist town and country planning lawyer, whose practice also includes compulsory purchase, highway law, rights of way and the law of commons and town and village greens.
 
His early career was spent as an engineering technician in Local Government and then as an infrastructure designer in the housebuilding industry, before reading for a law degree at UWE Bristol and then training with Burges Salmon in Bristol.
 
On qualification in 2001, he joined Burges Salmon’s Planning Team and later spent four and a half years as sole legal counsel to M J Gleeson Group plc, before returning to private practice.
 
Jim is also a Board Trustee with Emmaus, Bristol, a charity helping people out of homelessness.

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