Q&As

What power does a highway authority have to dispose of obstructions removed under s 149 Highways Act 1980 if not collected by the owner and what happens to proceeds of sale?

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Produced in partnership with Patrick O’Connell
Published on LexisPSL on 30/03/2017

The following Local Government Q&A produced in partnership with Patrick O’Connell provides comprehensive and up to date legal information covering:

  • What power does a highway authority have to dispose of obstructions removed under s 149 Highways Act 1980 if not collected by the owner and what happens to proceeds of sale?
  • Items which constitute a nuisance
  • Items which constitute a danger

What power does a highway authority have to dispose of obstructions removed under s 149 Highways Act 1980 if not collected by the owner and what happens to proceeds of sale?

Items which constitute a nuisance

If an item is left on a highway constitutes a nuisance, the highway authority may issue a notice requiring the person who left the item to remove it. If the person does not comply with the notice the highway authority may ask a magistrates’ court for an order to remove and dispose of the item.

Pursuant to section 149(4) of the Highways Act 1980 (HiA 1980), on receipt of a request from the highway authority a magistrates’ court may make an order for the nuisance item to be removed and disposed of. The magistrates’ court may also order that the highway authority use any proceeds of the disposal remaining after the expenses of the removal and disposal have been met to pay for the maintenance of the highways for which it is responsible.

Under HiA 1980, s 149(5), if the disposal of the dangerous item does not cover the expenses of removing it, the highway authority may recover the expenses, or balance of the expenses, from the person who left the item on the

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