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 9th Nov
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 9th Nov
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 9th Nov
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 9th Nov

Most recent Highways and footpaths content

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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29th Sep
Q&As
Adoption and the right to use a route are separate concepts, with the former connoting liability to maintain. (See: Part IV of the Highways Act 1980...
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Produced in partnership with Christine Willmore of University of Bristol Law School 29th Sep
Q&As
For most land, both the Environment Agency and the District Council have the power to require the occupier of land to remove any illegally deposited...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Sep
Q&As
Section 278 Agreements provide for the carrying out of work within the existing adopted highway, and usually provide the Local Highway Authority’s...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Sep
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 29th Sep
Q&As
It is important to remember that ‘adoption’ and ‘dedication’ are two very different things; a highway is adopted, if the highway authority agrees to...
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Produced in partnership with Alistair Frew of Lodders 29th Sep
Q&As
An attestation clause is a clause stating that a document has been executed by an individual in the presence of a witness or witnesses (ie the witness...
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29th Sep
Q&As
This Q&A does not consider any occupier’s liability or health and safety obligations which may be imposed on a hotel operator.Once highways are...
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29th Sep
Q&As
Agreements under section 278 of the Highways Act 1980 (HiA 1980) and agreements under HiA 1980, s 38 are very different from each other and thus need...
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Produced in partnership with James Ryan of Carbon Law 29th Sep
Q&As
For the purpose of this Q&A, we have assumed that the public highway directly abuts the land of the developer/adjoining owner (adjoining land). If the...
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29th Sep
Q&As
The definitive map is a legal record of public rights of way maintained by the highway authority. Together with the definitive statement, it provides...
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29th Sep
Q&As
Section 263 of the Highways Act 1980 (HiA 1980) provides that every highway maintainable at the public expense, vests in the authority of who is the...
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29th Sep
Q&As
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...
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29th Sep
Q&As
Agreements under section 38 of the Highways Act 1980 (HiA 1980) (known as section 38 agreements) are agreements between a local highway authority and...
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Produced in partnership with Emily Knowles of Sharpe Pritchard 29th Sep
Q&As
According to Environment Agency guidance on riparian ownership (EA guidance) p 31, a culvert is a covered channel or pipe designed to prevent the...
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29th Sep
Q&As
Section 31(6) of the Highways Act 1980 (HiA 1980) states that:‘6) An owner of land may at any time deposit with the appropriate council—(a) a map of...
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29th Sep

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