Obstruction and nuisance of highway - overview

Highway authorities have a responsibility to keep public highways open and remove obstructions and encroachments that may affect their use and safety.

It is an offence to obstruct the free passage of the highway.

Obstructions on or over the highway prevent its legitimate use and are a potential safety hazard for road users.

Encroachments are where ownership of areas of the highway has been unlawfully assumed.

Highway authorities have powers to remove without notice any obstruction causing danger to highway users.

In practice most highway authorities operate a licence system to allow certain items such as builders skips, overhanging trees, scaffolding and hoardings, traders and mud to be controlled.

Processions and other organised assemblies on the highway are regulated by the Public Order Act 1986, and in dealing with travellers highway authorities should consider welfare and human rights issues.

Nuisances are either:

The Highways Act 1980 prohibits the construction of any new bridge, beam or wire across the highway without the consent of the highway authority.