Table of Contents
Glossary viii
Section 1 Introduction 1
Meaning of Highway 2
Types of Highway at Common Law 3
Creation of Highways 3
(i) By Dedication 4
(ii) Other Aspects 5
(iii) By Statute 6
Highways Legislation 6
The Highways Act 1980 7
Administration of the Act 7
Other Acts of Parliament 8
Highway Authorities 9
Classification of Highways 9
Maintenance and Improvement of Highways 10
Modern Maintenance 11
(i) Maintainable at Public Expense 11
(ii) Private Maintenance 12
Section 2 Rights of Adjacent Owners 14
Miscellaneous Rights 14
The Vesting of Sewers 15
Obligations of Adjacent Owners and or Occupiers 16
Remedies for Public Nuisance 17
Rights of the Public 17
Limitations of the Rights of the Public 18
Access 19
Carriage Crossings 21
Stopping up a Means of Access 22
Stopping up, Diversion and Extinguishing Highways 22
(i) The 1980 Act Procedure 23
(ii) The 1971 Act Procedure 25
Protection of Highways 27
(i) Criminal Offence at Common Law 27
(ii) Common Law Nuisance 29
(iii) Criminal Offence under Statute 31
(iv) Construction Operations near the Highway 32
Section 3 Building Operations on or near the Highway 33
Activities Related to Construction Work 33
(i) Work which causes Actual Damage to the Highway 33
(ii) Prohibition of Soiling the Highway 33
(iii) Power to Remove Structures and Projections 34
(iv) Safety Precautions to Prevent Damage to the Street 35
(v) Building close by, under or over a Highway 35
(vi) Facilitating Building Operations 36
Builders' Skips 37
(i) Defences 38
(ii) Removal of Builders' Skips 39
(iii) Approved Owners 40
Hoardings 40
Scaffolding 41
'Lines' 42
(i) Building Lines 43
(ii) Improvement Lines 43
Section 4 Making up New Streets 45
'New Streets' 46
Town and Country Planning 49
Enforcement 49
Private Street Works Code 50
Advance Payments Code 51
(i) Exemptions to the Code 51
(ii) Amount of Payment 53
(iii) Power to Insist on Making up Road 53
Agreement under S38 53
Private Roads 54
Adoption of Streets 55
(i) At the Discretion of the Authority 55
(ii) 'Democratic' Action 55
(iii) Agreement under S38 56
Serving of Notice 56
Section 5 Civil Liability 57
The Building Owner 57
The Contractor and the Sub-Contractor 59
The Construction Professional 61
The Local Highway Authority 62
Section 6 Short Case Studies 65
Appendices 123
1 Problems and Questions 123
2 Table of Cases 127
3 Table of Statutes 131
Bibliography 135
Index 137
