Obstruction, nuisance and maintenance

Obstruction

An obstruction to a highway occurs when it is rendered impassable or more difficult to pass along by reason of some physical obstacle.

Obstructions on or over a highway prevent its legitimate use and are a potential safety hazard for users of the highway. The fundamental public right upon a highway is to pass and re-pass and the obstruction of a highway can also be a criminal offence, as well as a tort. Highway authorities have a duty to keep public highways open and remove obstructions and encroachments that may affect their use and safety. See generally Practice Note: Obstruction of highways.

In practice, most highway authorities operate a licence system to allow certain items such as builders skips, overhanging trees, scaffolding and hoardings, and traders to be controlled. For further information, see Practice Notes: Markets, street trading and street parties, Highways obstructions—building works, scaffolding and skips and Highways and street trading.

In relation to abandoned vehicles, see Practice Note: Abandoned vehicles.

Highway authorities also have powers to remove without notice any obstruction

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Local Government News

Planning reform working paper—reforming site thresholds

Planning analysis: The government has published a working paper on reforming site size thresholds to support housing delivery on different types of sites. This means taking a gradated approach to the system as a whole—removing and streamlining disproportionate requirements on small and medium sites, while maintaining and strengthening requirements on major development. This analysis looks at the key proposals and implications.

Modernising planning committees—proposed reforms and implications

Planning analysis: On 28 May 2025, the Ministry of Housing, Communities and Local Government (MHCLG) launched a technical consultation on proposed reforms to planning committees in England, closing on 23 July 2025. These reforms are part of the Planning and Infrastructure Bill's implementation and aim to modernise planning decision-making processes. The proposed reforms seek to enhance the efficiency, consistency, and quality of planning decisions in England. By standardising delegation, optimising committee structures, mandating training, and refining performance metrics, the government aims to create a more responsive planning system that supports sustainable development and economic growth.

Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers)

Public Law analysis: The Supreme Court held that the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 (EqA 2010) refer to biological sex. Its relevant provisions cannot be interpreted as including ‘certificated sex’ under a gender recognition certificate (GRC) without rendering them incoherent and unworkable. In relation to sex discrimination, a person has the protected characteristic of their biological sex only. The relevant provisions of the EqA 2010 fall within the section 9(3) of the Gender Recognition Act 2004 (GRA 2004) and so displace the rule in s 9(1) of that Act that the gender of a person with a GRC is for all purposes the acquired gender. This is a very significant judgment on the meaning of the EqA 2010, and on the law of discrimination particularly as it affects women and trans people. It must be understood by all those who advise on or are concerned with discrimination law, particularly employers, service providers and public authorities. Written by the LexisNexis Public Law team.

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.

View Local Government by content type :

News