Highways and footpaths

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Highways and footpaths guidance:

Statutory basis and effect Every highway authority must keep a definitive map and statement (DMS) of the public rights of way in its area. The DMS kept by any particular...

Practice Note

The whole point of the Definitive Map and Statement ('Definitive Map') of public rights of way etc is that it is definitive. However, although it is definitive it is not...

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

Section 137 of the Highways Act 1980 (HiA 1980) states that it is an offence ‘if a person, without lawful authority or excuse, in any way wilfully obstructs the free...

Practice Note

DATE: [insert date of Licence in its full format DD-Month-Year] Parties 1 [insert full name of Authority] of [insert address] (the Authority) 2 [insert full name of...

Precedents

Placing scaffolding, hoardings or skips on the highway (including pavements) is an obstruction and, strictly, constitutes a nuisance. Section 137 of the Highways Act 1980...

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

Meaning of ‘highway’ In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have the right to pass...

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

Highways not maintainable There are some, but very few, highways for which nobody has any liability for maintenance. All other highways are maintainable either at the...

Practice Note

This Licence is made on [date]. Parties 1 The Landowner: [name and address of landowner] and 2 The Council: [name and address of council] [2866] The parties agree: 1...

Precedents

This note is based on the assumptions that: • HE is the relevant authority and the works in question affect the strategic road network, and • the reader is acting for the...

Practice Note

This note is based on the assumptions that: • the developer is in control of the relevant land and has conveyed the necessary part of the land to Highways England...

Practice Note

Common law and statute law In relation to highways, the law of nuisance overlaps considerably with the statutory law (mostly in the Highways Act 1980 (HiA 1980)), but the...

Practice Note

Trespass Trespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it. Therefore, an invasion...

Practice Note

Any structure that lies either over or under any ‘highway’ or ‘street’ is a projection. As well as public highways the definition of ‘street’ includes most private...

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

DATE [insert date] Parties 1 [insert name] of [insert address] (the ‘Council’) 2 [insert name] of [insert address] [incorporated in England and Wales with company...

Precedents

DATE [date] Parties 1 [insert name] of [insert address] (the ‘Council’) 2 [insert name] of [insert address] [incorporated in England and Wales with company registration...

Precedents

Part I of the Countryside and Rights of Way Act 2000 (CRWA 2000) provides a statutory public right of access on foot over: • mapped areas of ‘open country’, including...

Practice Note

Public rights of way (PROW) are highways that allow the public a legal right of passage. They have the same status and protection in law as highways and remain in...

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

Local traffic authorities have power to introduce workplace parking levy licensing schemes allowing them to charge the occupier of the premises for a licence for car...

Practice Note