Alastair Frew

This Practice Note summarises the public’s statutory right to roam under the Countryside and Rights of Way Act 2000, including the basic definition of access land, the 13 general exceptions where the right to roam does not apply, the restrictions on the use of access land, and the duty of the Natural England and Natural Resources Wales to review the maps at roughly ten-yearly intervals. It notes that the access authorities, which are the National Park Authorities, the highway authorities and the Broads Authority, may construct means of access to access land, and make byelaws regulating the use of access land.

This Practice Note distinguishes between highways that are privately maintainable and highways that are maintainable at the public expense. It explains that the constructor retains liability for a new adopted highway until it has been open for around 12 months. Other highways may be privately maintainable by reason of tenure, enclosure, or prescription. It discusses the use of section 38 of the Highways Act 1980 (HiA 1980) agreement which allows for the adoption of a highway, passing the maintenance liability to the highways authority. The Note also sets out the public bodies that have a duty under HiA 1980 to maintain highways maintainable at public expense, including the Secretary of State, county councils, metropolitan or unitary councils, and London boroughs.

This Practice Note explains the law of nuisance in relation to highways, noting that the common law on this issue is expressly preserved by section 333 of the Highways Act 1980. It discusses the circumstances in which builders’ works, scaffolding and skips, racing and unsuitable traffic, stationary traffic, and bridges and beams across the highway may be a nuisance, referring to common law and statute. It also provides an overview of potential nuisances from adjoining property, including domestic or farm animals, pigeons, smoke and fumes, and trees.

This Practice Note explains the definition of a traffic sign under the Road Traffic Regulation Act 1984, the powers and duties of a local traffic authority regarding putting traffic signs up on a highway, and the prohibition on putting up traffic signs for most other organisations and people. It provides an overview of central government controls aimed at achieving uniformity, referring extensively to the Traffic Signs Regulations and General Directions 2016, SI 2016/362.

This Practice Note explains that the quality of highway maintenance required depends on the expected ordinary traffic on the highway in question. It also explains that individuals who sustain injury from danger on a highway can sue the highway authority for negligence, and that if the highway authority can prove it took reasonable care it has a statutory defence under the Highways Act 1980. It also notes that at common law, the duty is to keep the highway in reasonable condition, not improve it. The authority must conduct routine inspections of the highway surface and have a system for incoming reports of damage, but the duty to keep the highway in repair does not extend to the damage done by extraordinary traffic.