Local authority powers to manage highway obstructions—criminal offences

Produced in partnership with Piers Riley-Smith of Kings Chambers
Practice notes

Local authority powers to manage highway obstructions—criminal offences

Produced in partnership with Piers Riley-Smith of Kings Chambers

Practice notes
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This 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,

Piers Riley-Smith
Piers Riley-Smith

Barrister, Kings Chambers


Piers has a varied planning, environment, licensing and highways practice. 
Piers is ranked in Chambers and Partners 2023 where Clients have said: 
" Piers Riley-Smith is a strong planning junior”
“An enthusiastic and excellent communicator as an advocate, and within the professional team.”
Piers is ranked in the Legal 500 as a “Rising Star” and is noted as being “approachable and fully committed to the job in hand, providing good advice and giving a very positive impression to clients.’

Planning and Environment

He is regularly instructed by local authorities, developers and the wider public in planning inquiries. He has also been instructed by both local authorities and developers at local plan and neighborhood plan exams. He appears in the High Court and Court of Appeal on behalf of local authorities, and private companies or developers, and local resident groups. He also accepts pro bono briefs from the Environmental Law Foundation, and he has appeared successfully in the High Court for the ELF. He has also practiced on the Isle of Man on behalf of the Government.

Piers has considerable expertise in statutory nuisance. He has appeared in the Magistrates Court obtaining Abatement Orders under the Environmental Protection Act and has successfully appeared in the High Court in precedent setting cases on noise nuisance and hypersensitivity. 

Highways

His highway practice has ranged from resisting a s.37 complaint against the public adoption of a highway, to working on a case involving the operation of a s.56 notice relating to the inadequate drainage of the highway, and to appearing at public rights of way and highway CPO public inquiries. This has included appearing for the Order Making Authority on a s.118B Order Inquiry to extinguish a footpath running through school grounds. Piers has appeared at Transport and Work Act public inquiries. Piers often works with local resident groups seeking declarations as to the extent of a highway and has also worked for a local authority in obtaining a relatively rare highway injunction against trespass on the highway. Piers has considerable experience in dealing with Traffic Regulation Orders. This experience ranges from drafting TROs for local authorities, objecting to them for third parties, and challenging them successfully in the High Court. Piers also advises on issues arising out of village green applications. Piers was recently appointed the assistant editor of the Encyclopedia of Highway Law and Practice – the leading practitioner text on highway law. 

Compulsory Purchase 

Piers has worked for both local authorities and objectors on Compulsory Purchase Orders. This has included helping local authorities put in place proper systems for bringing forward CPOs (from preparing to make the Order all the way to implementing a confirmed Order) and also appearing at CPO inquires, and dealing with the resulting compensation and References to the Upper Tribunal (Lands Chamber) for both claimants and local authorities. This has included successfully confirming CPOs under the Town and Country Planning Act 1990, Housing Act 1985 and Highway Act 1980. Piers has experience leading teams in compensation mediation including settling multi-million-pound compensation claims. 

Piers is qualified to accept Public Access work.

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Jurisdiction(s):
United Kingdom

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