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...
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...
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...
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...
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...
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...
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...
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...
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)...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
