Highways and footpaths

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Practice notes
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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9th Nov
Practice notes
When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan
Practice notes
Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...
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9th Nov
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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9th Nov
Practice notes
This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...
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9th Nov
Practice notes
Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...
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9th Nov
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus...
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9th Nov
Practice notes
Brexit: This Practice Note contains guidance on subjects impacted by the UK’s withdrawal from the EU. As of 31 January 2020 (exit day), the UK is no...
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Produced in partnership with Laura Bolado 12th Jan
Practice notes
Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...
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9th Nov
Practice notes
What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...
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9th Nov
Practice notes
What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...
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Produced in partnership with Stephen Morgan of Landmark Chambers 12th Jan

Most recent Highways and footpaths content

Q&As
The simple answer to this question is—no, provided that the security barrier is safe for pedestrian access.A security barrier is typically a gate,...
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Produced in partnership with Alastair Frew of Lodders Solicitors 12th Apr
Practice notes
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...
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9th Apr
Practice notes
Statutory basis and effectEvery highway authority must keep a definitive map and statement (DMS) of the public rights of way in its area. The DMS kept...
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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 9th Apr
Practice notes
Highways not maintainableThere are some, but very few, highways for which nobody has any liability for maintenance. All other highways are...
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Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors and Alastair Frew of Lodders Solicitors 9th Apr
Practice notes
Powers to adoptThe Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
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...
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Produced in partnership with Sarah Griffin 8th Apr
Practice notes
Need for specific additional enquiry where highway access is crucialDirect access to the highway can be fundamental to the viability of a development....
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8th Apr
Practice notes
Certain local traffic authorities have power to introduce workplace parking levy licensing schemes allowing them to charge the occupier of premises...
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8th Apr
Practice notes
Any structure that lies either over or under any ‘highway’ or ‘street’ is a projection. As well as public highways, the definition of ‘street’...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
Placing scaffolding, hoardings or skips on the highway (including pavements) is an obstruction and, strictly, constitutes a nuisance. Section 137 of...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
PurposeHighways 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...
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8th Apr
Practice notes
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
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8th Apr
Practice notes
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...
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7th Apr

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