Q&As

What is the legal authority for a member of the public having the right to pass along an adopted road?

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Published on LexisPSL on 09/06/2021

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • What is the legal authority for a member of the public having the right to pass along an adopted road?

What is the legal authority for a member of the public having the right to pass along an adopted road?

In terms of statutory definitions, section 328 of the Highways Act 1980 (HiA 1980) deals with the meaning of 'highway' (added emphasis):

‘(1) In this Act, except where the context otherwise requires, “highway” means the whole or a part of a highway other than a ferry or waterway.

(2) Where a highway passes over a bridge or through a tunnel, that bridge or tunnel is to be taken for the purposes of this Act to be a part of the highway.

(3) In this Act, “highway maintainable at the public expense” and any other expression defined by reference to a highway is to be construed in

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