Q&As

Where a door in a street opens outwards, contrary to section 153 of the Highways Act 1980, would a council be able to serve a notice on the owner/occupier to rectify the issue where the owner/occupier is a dissolved company and the premises is bona vacantia? Alternatively, could a notice be served on the Treasury Solicitor?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 13 November 2023

Section 153(1) of the Highways Act 1980 (HiA 1980) provides that a door, gate or bar which is put up on any premises and opens on a street shall be so put up as not to open outwards unless, in the case of a door, gate or bar put up on a public building, the local authority for the area in which the building is situated and also, if the street is a highway, the highway authority, consent to its being otherwise put up. The local authority or, if relevant, the highway authority, may pursuant to section 153(2) by notice to the occupier, require him to alter, so as

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Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).