Local authority powers to manage highway obstructions—criminal offences
Produced in partnership with Piers Riley-Smith of Kings Chambers
Practice notesLocal authority powers to manage highway obstructions—criminal offences
Produced in partnership with Piers Riley-Smith of Kings Chambers
Practice notesThis Practice Note explains the criminal offences which a local highway authority could consider prosecuting under when dealing with highway obstructions. It does not deal with civil powers which are addressed in Practice Note: Local authority powers to manage highway obstructions—civil remedies.
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.’
as set out by Lord Evershed in Trevett v Lee.
However, an additional element can be added to Lord Evershed’s broad definition which is ‘without lawful authority’. There are several ways in which a highway authority can permit or licence an otherwise unlawful obstruction of the highway. This can include permits for builders’ skips, scaffolding or the temporary deposit of building materials. See Practice Note: Highways obstructions—building works, scaffolding and skips.
While it can be useful to bear a high-level definition in mind, in practice,
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