Gain a comprehensive understanding of road infrastructure management with detailed insights into legislation, local authority responsibilities, and legal precedents. Discover practical advice on planning, maintenance, and dispute resolution to expertly handle matters related to public highways. Perfect for practitioners seeking a thorough grasp of legal approaches and solutions within local government frameworks.
What is the purposive approach to statutory interpretation?Purposive (teleological) constructionThe purposive approach has its roots in legal systems...
Housing disrepair for local authority landlords—a practical guideThis Practice Note discusses disrepair claims in relation to social housing, setting...
What are the grounds for judicial review?We have focused on judicial review in the High Court in England and Wales. Having conducted a comprehensive...
Obstruction of highwaysThe fundamental public right upon a highway is to pass and re-pass, and the obstruction of a highway is usually a criminal...
Highways, street works and statutory undertakersStreet works at common lawAt common law it is a nuisance to interfere with the surface of a highway. When the nineteenth-century utility companies began work and used the highways as routes for their underground pipes and cables, many of them found
Nuisance parking criminal offencesNuisance parkingNuisance parking is criminalised by sections 3 and 4 of the Clean Neighbourhoods and Environment Act 2005 (CNEA 2005). Both offences are summary only. Section 5 of the Act provides for the criminal liability of directors and other officers acting in
Highways out of repair—the statutory remedyDuty of the highway authorityA highway is a way which any member of the public has the right to use at all seasons of the year.Section 41 of the Highways Act 1980 (HiA 1980) provides that the highway authority is under a duty to maintain the highway. It is
If planning permission imposes restrictions on a licensed premises opening hours, once operational can the personal licence holder apply for a Temporary Events Notice (TEN) to open for longer hours than those permitted in the planning permission?To use any property for a licensable activity both
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