Highway obstructions and nuisance

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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...
Read More >
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 Highway obstructions and nuisance content

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
TrespassTrespass is the unlawful presence of a person on land in the possession of another. The ownership of land includes the airspace above it....
Read More >
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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Produced in partnership with Alastair Frew of Lodders Solicitors and Nicholas Hancox of Nicholas Hancox Solicitors 25th Mar
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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10th Mar
Q&As
At common law, the owner of land which adjoins a highway has a right of access from his land onto the highway. This right enables an access from any...
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13th Feb
Q&As
Can right of way fall out of use and be declassified as a public footpath?Whether the dedication is express or inferred, a highway is created when a...
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13th Feb
Q&As
Gas companies’ rights to enter premises for maintenance and repair are statutory rights, mainly from the Rights of Entry (Gas and Electricity Boards)...
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Produced in partnership with Bethany Pickup of Browne Jacobson 11th Feb
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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22nd Jan
Q&As
Highways can be created at common law or by statute. It is not possible to say whether this is a presumed dedication situation, and the buyer would...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
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 8th Jan
Precedents
DATE [date]Parties1[name of Authority] of [address] ( Authority)2[name of Licensee] [of OR incorporated in England and Wales with company...
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31st Dec
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 Nov

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