www.wiltshire.gov.uk
Obstructions on the Highway
Obstructions on the highway take various forms. The most commonly encountered occurrences are unauthorised signs, materials or trading booths.
We can serve notice under the appropriate section of the Highways Act to deal with the removal of the obstruction.
- Section 132 of the Highways Act 1980 - unauthorised signs and structures
- Section 138 of the Highways Act 1980 - illegal erection of a building or fence
- Section 148 of the Highways Act 1980 - removal of dangerous deposits
- Section 154 of the Highways Act 1980 - removal of dangerous trees
- Section 143 of the Highways Act 1980 - removal of structures
In addition;
Section 34 of the Environmental Protection Act 1990 deals with the removal of waste materials such as mud on the highway.
The obstruction of a footway is often due to overhanging branches, hedges, bushes and plants, but also scaffolding and builders skips. Property owners have a responsibility to maintain their highway boundary such that it does not cause an obstruction, and likewise the highway authority can use its powers to enforce this requirement. Vehicles parked illegally on the public footway also cause an obstruction.
Other examples of obstructions to the highway include:
- Tables and chairs on the highway (except in licensed designated areas)
- ’A’ boards, typically used for pavement or roadside advertising
- Planks placed in the roadway to assist access
- Walls, gates, fences and hedges placed across the highway
- Projections onto the highway from buildings (outside accepted tolerances)
- Goods displayed outside shops (beyond any private forecourt)
- Unauthorised signs attached to poles and lighting columns
- Building materials deposited on the highway
- Skips, scaffold and hoardings (without prior approval)
- Overhanging vegetation
Objects which project over the highway may require a licence. In addition, scaffolding and skips require a licence for their placement on the public highway (including the footpath) to ensure that these operations are properly planned and carried out according to the law.
The licence sets out the standards on such matters as lighting, signing, guarding, protection and maintenance of public passage and any other issues that are site specific. Consideration is given on an individual basis to each application, and site specific conditions may be included to ensure safety.
There is an increasing demand on Highway Authorities to allow tables and chairs on the highway outside restaurants and cafes, especially in pedestrianised areas. In some cases this can be part of a 'Street Scene' project or other urban improvement scheme.
Licences may be granted subject to the approval of the Highway Authority. Provided that free and safe passage for pedestrians can be maintained then such an arrangement may be beneficial, but each case will be considered on its merits and site specific conditions may be included to ensure safety.
Whenever an encroachment is suspected on the public highway, we carry out a status check to determine the exact limits of the highway, and to establish whether an encroachment has occurred.
Contact Details
By Post
Customer Care Unit
Wiltshire County Council
County
Hall
Bythesea Road
Trowbridge
Wiltshire
BA14
8JN
By Email
By Telephone
01225 713000
By Fax
01225 713485
By Hand
Customer Care Unit
Wiltshire County Council
County
Hall
Bythesea Road
Trowbridge
Wiltshire
BA14
8JN
Opening Hours
Monday to Friday 9am - 5pm
