Highway obstructions and nuisance

Highway obstructions

The fundamental public right in relation to a highway is for individual members of the public to pass and re-pass along its length. Along most highways, people have an additional legal right to use vehicular transport and/or to ride a horse and/or to drive animals from one place to another. See Practice Note: Definition and classification of highways.

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 passage along a highway’.

Apart from under the type of specific statutory provisions considered below, a highway authority has no power to permit or licence any form of obstruction or encroachment on the highway. Any permission given tacitly or without a statutory basis will be invalid.

The highway authority is also under a general duty to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority. As to the powers and duties of highways authorities in relation to highway obstructions,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Planning News

Welsh Government launches consultation on CCUS policy

The Welsh Government has launched a consultation, seeking views on its draft carbon capture, utilisation and storage (CCUS) policy. The proposed policy supports CCUS under certain conditions, such as where it demonstrably contributes to decarbonisation and economic growth, where no reasonable alternatives for reducing emissions exist, and where it does not unnecessarily prolong fossil fuel use. The consultation closes on 24 February 2025. Following the consultation, and subject to statutory or other assessments, the Welsh Government intends to issue the policy as a Ministerial written statement, incorporate it into future editions of Planning Policy Wales and Net Zero Wales Carbon Budgets, and develop detailed guidance for planning officers and other decision makers on its practical implementation.

MHCLG publishes non-statutory guidance on HSRAs

The Ministry of Housing, Communities and Local Government (MHCLG) has published non-statutory guidance, providing a comprehensive overview of the application and implementation of High Street Rental Auctions (HSRAs), a new power introduced by the Levelling Up and Regeneration Act 2023. The guidance outlines the 22-24 week HSRA process, from initiation to completion, detailing the necessary steps, including the designation of eligible areas and meeting vacancy and local benefit conditions. It is intended for use by local authorities concerned about vacant commercial premises, commercial landlords and their lenders, businesses and community groups seeking commercial space, and commercial agents who may manage a HSRA on behalf of a local authority.

MHCLG publishes Remediation Acceleration Plan to address unsafe cladding

The Ministry of Housing, Communities and Local Government (MHCLG) has published a new Remediation Acceleration Plan (RAP), aimed at expediting the removal of unsafe cladding in England, identifying all unsafe buildings, and supporting residents from the financial burdens of remediation. The plan sets key targets for 2029, including remediating all 18m+ buildings with unsafe cladding in government-funded schemes by 2029, and ensuring all 11m+ buildings are either remediated, have a completion date, or landlords face severe penalties. The RAP is supported by increased enforcement investment, which will increase the capacity of local authorities, fire and rescue authorities and the Building Safety Regulator (BSR) to manage hundreds of cases annually. The publication of the RAP coincides with a Parliamentary debate on the findings of the Grenfell Tower Inquiry’s final report. During the debate, it was announced that a continuous review process for statutory guidance to building regulations will be introduced, covering fire safety and building design by the BSR. In addition, there will be a review of how the Building Regulations guidance is produced, updated, and communicated to the construction industry.

DESNZ publishes consultation response on electricity networks land rights

The Department for Energy Security and Net Zero (DESNZ) has published the summary of responses to its August 2022 call for evidence on land rights and consents processes for electricity network infrastructure. The document outlines stakeholder feedback on several aspects of the current processes, including voluntary wayleaves, necessary wayleaves, and Section 37 consents. Key issues identified include delays, high costs, and inefficiencies in the existing system. In response, DESNZ established a Working Group to explore potential changes to land purchase and wayleave processes. Suggested improvements include introducing a Code of Practice, implementing alternative dispute resolution mechanisms, and standardising compensation rates. The government is now considering policy changes and intends to conduct further consultations as required, with the objective of facilitating the UK's ambition of achieving net zero power by 2030.