Creation, definitions and closure

Creation, definitions and closure guidance:

The main highways law issues concerning bridges and tunnels are as to the: • rights of the public to pass and re-pass across bridges or through tunnels,...

Practice Note

The fundamental public right in relation to a highway is for individual members of the public to pass and re-pass along its length. Along most highways, of...

Practice Note

Section 249 of the Town and Country Planning Act 1990 (TCPA 1990) provides that an order to extinguish vehicular rights on a highway may be made where certain conditions...

Practice Note

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 island and the other...

Practice Note

Need for specific additional enquiry where highway access is crucial Direct access to the highway can be fundamental to the viability of a development. In Gooden, the...

Practice Note

Historically, the width of a highway was rarely contentious. The right of highway was (and is) a right to pass and re-pass; a right to travel from A to B....

Practice Note

Powers to adopt The Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway authorities to maintain...

Practice Note

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 are motor vehicles)...

Practice Note

Although the common law recognises the force of the maxim 'once a highway, always a highway', there are, of course, some exceptions. In R v Secretary of...

Practice Note

Some highway land is merely vested in the highway authority and other highway land belongs completely to the authority. Vested land The key to an understanding of the...

Practice Note

Purpose Highways 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 is 'stopped up' it...

Practice Note

Despite the common law maxim, 'once a highway, always a highway', a highway can be subject to overriding statute. Consequently, highways may be closed or...

Practice Note

This Practice Note describes the: • creation of new highways that are, when properly constructed, intended to become maintainable at the public...

Practice Note

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 1980). For an overall...

Practice Note

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 Secretary of State to...

Practice Note

What is s 257? Section 257 of the Town and Country Planning Act 1990 (TCPA 1990) applies to footpaths, bridleways and restricted byways affected by development. It allows...

Practice Note