Highways

Q&As

An individual has suffered loss due to car damage caused by a pothole. The local authority is seeking to rely on section 58 of the Highways Act 1980 by showing an annual inspection of the road is reasonable, despite the fact that the claimant had reported the pothole to the local authority previously. Can the loss be recovered any other way?

An individual has suffered loss due to car damage caused by a pothole. The local authority is seeking to rely on section 58 of the Highways Act 1980...

2nd Sep

Q&As

Can a local authority remove a vehicle which has been left on the highway when the owner is deceased and no next of kin have taken ownership? Should the same procedures be followed but instead of letters addressed to the owner, should they be addressed to the estate?

Can a local authority remove a vehicle which has been left on the highway when the owner is deceased and no next of kin have taken ownership? Should...

27th Aug

Q&As

What are the duties on a Highway Authority regarding public consultation of proposed highways schemes? Where the scheme is to be undertaken on roads which are currently unadopted, can the Authority commence consultation on the scheme while an adoption process is underway under either section 31 or 228 of the Highways Act 1980?

What are the duties on a Highway Authority regarding public consultation of proposed highways schemes? Where the scheme is to be undertaken on roads...

20th Aug

Practice notes

Consolidation, experimental, phased and minor traffic regulation orders

Consolidation, experimental, phased and minor traffic regulation ordersCoronavirus (COVID-19): This Practice Note contains guidance on matters that...

19th Aug

Practice notes

Road traffic—order procedure and notices

Road traffic—order procedure and noticesCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to...

19th Aug

Practice notes

Enforcement of traffic and parking orders

Enforcement of traffic and parking ordersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to...

19th Aug

Practice notes

Abandoned vehicles

Abandoned vehiclesAbandoned vehicles offencesSection 2 of the Refuse Disposal (Amenity) Act 1978 (RD(A)A 1978) makes it a criminal offence to abandon,...

Produced in partnership with Jonathan Melnick of London Borough of Lambeth 19th Aug

Practice notes

Markets, street trading and street parties

Markets, street trading and street partiesPublic highways are used for many purposes beyond simply travelling from one place to another. This Practice...

19th Aug

Q&As

What is the limitation period for a compensation claim under section 82 of the New Roads and Streetworks Act, and specifically when does time start to run? Is it, for example, the date that the apparatus was damaged, or the date of discovery of the damage?

What is the limitation period for a compensation claim under section 82 of the New Roads and Streetworks Act, and specifically when does time start to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

Practice notes

Extinguishing vehicular rights on highways under TCPA 1990, s 249

Extinguishing vehicular rights on highways under TCPA 1990, s 249Coronavirus (COVID-19): This Practice Note contains guidance on matters that have...

Produced in partnership with Angela Sydenham (former consultant of Birkett's Solicitors) 15th Aug

Practice notes

Bus, taxi and bicycle priority orders

Bus, taxi and bicycle priority ordersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to...

15th Aug

Q&As

What statutory powers of entry onto land are available to a highway authority where a new highway is proposed but is at a theoretical stage, and what is the process for exercising those statutory powers?

What statutory powers of entry onto land are available to a highway authority where a new highway is proposed but is at a theoretical stage, and what...

Produced in partnership with Ben Standing of Browne Jacobson 15th Aug

Practice notes

Road closures and diversions

Road closures and diversionsDespite the common law maxim, 'once a highway, always a highway', a highway can be subject to overriding statute....

Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Alistair Frew of Lodders LLP 15th Aug

Q&As

Is there a legal duty on a highways authority to consult with the public on proposed highway works eg resurfacing a public highway?

Is there a legal duty on a highways authority to consult with the public on proposed highway works eg resurfacing a public highway?Duty to...

Produced in partnership with Alastair Frew of Lodders Solicitors 15th Aug

Q&As

Does a local authority who wishes to carry out the highway works subject to a an agreement pursuant to section 278 of the Highways Act 1980 need to go out to tender or are they able to just carry them out instead of the developer?

Does a local authority who wishes to carry out the highway works subject to a an agreement pursuant to section 278 of the Highways Act 1980 need to go...

15th Aug

Q&As

Can a Highway Authority enter into an agreement with a private company to maintain a structure acting as a noise barrier within the highway?

Can a Highway Authority enter into an agreement with a private company to maintain a structure acting as a noise barrier within the highway?You may...

15th Aug

Q&As

What is the advance payment code provided for by sections 219 to 225 of the Highways Act 1980? How is it enforced?

What is the advance payment code provided for by sections 219 to 225 of the Highways Act 1980? How is it enforced?Where a local highway authority of...

15th Aug

Q&As

Where a parcel of land is being acquired voluntarily by a local authority (LA) as a dedication for highway purposes, does the dedication deed need to be registered with HM Land Registry or the Land Charges Department of the relevant LA, or both?

Where a parcel of land is being acquired voluntarily by a local authority (LA) as a dedication for highway purposes, does the dedication deed need to...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

Q&As

Should temporary orders made under sections 257 and 261 of the Town and Country Planning Act 1990 for mineral working be added to the definitive map by way of modification order?

Should temporary orders made under sections 257 and 261 of the Town and Country Planning Act 1990 for mineral working be added to the definitive map...

15th Aug

Q&As

Where local residents park cars on a public highway so as to obstruct access to an individual’s property, what action can that individual take?

Where local residents park cars on a public highway so as to obstruct access to an individual’s property, what action can that individual take?The...

15th Aug

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