Q&As

Who is legally responsible for the removal of an obstruction or tipped materials from a public right of way? Is the landowner or local authority responsible for keeping the public right of way clear of obstructions? What authority (in terms of case law, legislation or guidance) supports this?

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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys
Published on LexisPSL on 11/05/2017

The following Planning Q&A produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:

  • Who is legally responsible for the removal of an obstruction or tipped materials from a public right of way? Is the landowner or local authority responsible for keeping the public right of way clear of obstructions? What authority (in terms of case law, legislation or guidance) supports this?
  • Criminal liability and the powers of other authorities

Who is legally responsible for the removal of an obstruction or tipped materials from a public right of way? Is the landowner or local authority responsible for keeping the public right of way clear of obstructions? What authority (in terms of case law, legislation or guidance) supports this?

For most land, both the Environment Agency and the District Council have the power to require the occupier of land to remove any illegally deposited waste, or to require the landowner to remove it if the occupier fails to comply.

These powers are contained in sections 59 and 59ZA of the Environmental Protection Act 1990 (EPA 1990), and also extend to other Waste Regulation Authorities or Waste Collection Authorities defined by EPA 1990, s 30. Further information can be found in

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