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Local authority powers to manage highway obstructions—civil remedies
Produced in partnership with Piers Riley-Smith of Kings Chambers
Practice notesLocal authority powers to manage highway obstructions—civil remedies
Produced in partnership with Piers Riley-Smith of Kings Chambers
Practice notesThis Practice Note explains the civil powers available to a local highway authority for dealing with highway obstructions. It covers what an obstruction is and what the highway authority’s statutory power and duties are to deal with obstructions.
It does not deal with criminal powers which are addressed by Practice Note: Local authority powers to manage highway obstructions—criminal offences.
This Practice Note will be appropriate for use by local authorities outside of London. Most of the Practice Note will also be relevant for London authorities, but they should be aware that certain powers addressed below (such as sections 130A–130D of the Highways Act 1980 (HiA 1980)) do not apply in London. London authorities should separately confirm whether the powers set out below are available to them.
What is an obstruction?
There is no closed list or single statutory definition of an obstruction. A broad level definition may be that it is:
‘…something which permanently or temporarily removes the whole or part of a highway from the public use altogether.’
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