Creation, definitions and closure

Creation

A highway is a way over which there exists a public right of passage. A claim to a public right of way may be based either on the common law doctrine of dedication and acceptance or on some other statutory provision.

Following the commencement of the Infrastructure Act 2015, Highways England has taken over the responsibility for strategic roads from the Highways Agency. See News Analysis: Infrastructure Act 2015—what will it mean in practice?

Local authorities have powers to create new highways (including cycle tracks), as well as footpaths and bridleways under the Highways Act 1980 (HiA 1980).

Creation of highways at common law

Both dedication by the owner and user by the public must occur to create a highway otherwise than by statute.

A highway authority needs to invoke statutory powers to accept a dedication on behalf of the public.

Statutory adoption of highways

Where highways are created, they may or may not be maintainable at public expense. There are three ways by which this can happen:

  1. a process initiated by the landowner, or

  2. a process initiated by the highway

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Local Government weekly highlights—12 June 2025

This week's edition of Local Government weekly highlights includes analysis of the proposed reforms and implications under the technical consultation to modernise planning committees plus case analysis of For Women Scotland v Scottish Ministers, which held that Equality Act 2010 provisions refer to biological sex regardless of their gender recognition certificate; Re Transport Action Network Ltd v SST, in which the High Court clarified the scope and procedure for the Secretary of State’s review of National Policy Statements; and R (Shaman) v Lambeth LBC, which provided guidance on temporary permitted development rights. Case reports include Cotham School v Bristol CC, in which the court ruled on an order brought by a school academy to amend Bristol City Council’s commons register for playing field; R (Captain Lee Jones) v Shropshire Council concerning a judicial review of the LA’s decision to issue and serve a Community Infrastructure Levy stop notice requiring cessation of building works due to unpaid CIL; Leveritt v Hackney LBC, in which the court considered an application by a LA for an extension of time and variation of order for specified repair works made by the County Court; R (BC) v Surrey CC, in which the court allowed the LA’s appeal finding that BC was not a looked after child and therefore did not qualify for advice and assistance under section 24 of the Children Act 1989; and Rogers v Wills, which considered unjust enrichment by care giving services filed by the claimant against the executor of their late mother’s estate. It also includes coverage of the repeal of the Vagrancy Act 1824 by Spring 2026 to decriminalise rough sleeping in England and Wales, DHSC’s consultation response on regulations tackling modern slavery in NHS procurement, the first AI guidance for schools and MHCLG’s consultation response on remote attendance and proxy voting at local authority meetings. It also includes further updates on Planning, Social housing, Healthcare, Education, Environmental law and climate change and Local government finance.

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