Practice notes
Placing scaffolding, hoardings or skips on the highway (including pavements) is an obstruction and, strictly, constitutes a nuisance. Section 137 of...
25th Sep
Practice notes
The quality of highway maintenance required of those responsible for it depends almost entirely on the expected ordinary traffic on the highway in...
25th Sep
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
25th Sep
Practice notes
Need for specific additional enquiry where highway access is crucialDirect access to the highway can be fundamental to the viability of a development....
25th Sep
Practice notes
A ‘cycle track’ is a way which constitutes or comprises a highway, which the public have a right of way on pedal cycles (other than pedal cycles which...
25th Sep
Practice notes
Some highway land is merely vested in the highway authority and other highway land belongs completely to the authority.Vested landThe key to an...
25th Sep
Practice notes
Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...
25th Sep
Practice notes
Despite the common law maxim, 'once a highway, always a highway', a highway can be subject to overriding statute. Consequently, highways may be closed...
25th Sep
Practice notes
STOP PRESS: the Parking Places (Variation of Charges) Act 2017 came into force on 27 June 2017 and has introduced a change to s 46A of the Road...
25th Sep
Practice notes
Public highways are used for many purposes beyond simply travelling from one place to another. This Practice Note examines the legal implications of...
25th Sep
Practice notes
PurposeHighways can be stopped up if the area of highway is no longer needed, or when the land is needed for a development to take place. When a road...
25th Sep
Practice notes
What is section 247 and when may it be used?Section 247 of the Town and Country Planning Act 1990 (TCPA 1990) grants a discretionary power to the...
25th Sep
Practice notes
STOP PRESS: the Parking Places (Variation of Charges) Act 2017 came into force on 27 June 2017 and has introduced a change to s 35C of the Road...
25th Sep
Practice notes
Speed limits on public highways can be more controversial than other traffic restrictions and they are much more closely controlled by central...
25th Sep
Practice notes
Statutory basis and effectEvery highway authority must keep a definitive map and statement (DMS) of the public rights of way in its area. The DMS kept...
25th Sep
Practice notes
Highways not maintainableThere are some, but very few, highways for which nobody has any liability for maintenance. All other highways are...
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors and Alastair Frew of Lodders Solicitors
25th Sep
Practice notes
This Practice Note covers the powers and procedures for stopping up and diverting footpaths under sections 118 and 119 of the Highways Act 1980 (HiA...
25th Sep
Practice notes
Abandoned vehicles offencesSection 2 of the Refuse Disposal (Amenity) Act 1978 (RD(A)A 1978) makes it a criminal offence to abandon, without lawful...
25th Sep
Practice notes
Nuisance parkingNuisance parking is criminalised by sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005 (CNEA 2005). Both offences...
25th Sep
Practice notes
The common law recognises two sorts of highway ferry and distinguishes them by where they run. One sort runs from town to town or to a particular...
25th Sep
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