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Additional resources for Guide to Highway Law for Architects, Engineers, Surveyors and Contractors

Example text

Should a local authority be an objector, then a local enquiry must be held. After the enquiry the Minister may confirm the order with or without modifications. In the case of diversions, should an owner or occupier of land be able to establish as fact that a loss has been sustained, then it is possible that a claim for compensation under S28 might be successful, any disputes being settled by the Lands Tribunal. (ii) The 1971 Act Procedure Commonly known as the ‘planning method’ this procedure is always associated with a planning application or a planning permission granted under Part III of the 1971 Act; the powers and the procedures to be followed are contained in sections 209 to 221.

In Dymond v Pearce (1972), (65); a vehicle had been parked on the roadside for an unreasonable time in the dark without lights, but nevertheless the motor cyclist who injured himself when he collided with it was held to be riding his motor bike negligently and that this was the cause of the accident, not that the vehicle was causing an obstruction. Should a user of the highway behave in a negligent manner then with that ‘fault’ will lie liability, so that for example contractors working on the highway owe a ‘duty of care’ to other users and bear the consequences should it be breached.

Ii) Improvement Line An improvement line enables an authority to prevent development on land required for road widening. This is where the authority is of the opinion that a street which is a highway maintainable at public expense is narrow, inconvenient or has an irregular boundary and that it is desirable that it should be improved by widening; the authority can prescribe a line referred to as an improvement line (S73 ‘80 Act) on either one or both sides of the street or within 15 yards from any corner.

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