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Key definition
Highway authority definition

What does Highway authority mean? In legal practice, a highway authority is the public body responsible for maintaining and managing the public highway network. In England and Wales it is defined in legislation, chiefly the Highways Act 1980: county councils, metropolitan district and London borough councils are highway authorities for most roads; Transport for London is highway authority for certain London roads; the strategic highways company (National Highways), under the Infrastructure Act 2015, is highway authority for motorways and trunk roads in England, and the Welsh Ministers for trunk roads in Wales. Key features include the section 41 duty to maintain highways maintainable at public expense...

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Definitive Maps and Statements of Public Rights of Way: Statutory Basis, Modification Orders and Procedures (England and Wales)

Practice notes
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This Practice Note outlines the legislative foundation, character and role of the definitive map and statement that a Highway authority must maintain for the public rights of way within its area, under the Wildlife and Countryside Act 1981 (WCA 1981). It describes the Authority’s obligation to keep the map and statement under continual review, to update and amend them when needed, and the events and orders that will necessitate alteration of the map and statement. It also details the procedures for making a modification order, whether commenced by the authority or prompted by an application to the authority from another party. It clarifies what triggers a review and how alterations are implemented.

Statutory basis and effect

Each highway authority is required to compile, and keep under review, a definitive map and statement (DMS) of the public rights of way in its area. The map identifies the route and status of the highways. The statement specifies the alignment and width of the Right of way, together with any limitations that qualify those rights...

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Nicholas Hancox
Nicholas Hancox

Nicholas qualified in 1977. He specialises in Education Law, Local Government Law and Highways Law and has been authoring and editing for LexisNexis since 2000....

Alastair Frew
Alastair Frew

I am a partner in Lodders’ Real Estate Group and head of the Business Property team, having joined the firm in 2002. My clients often include business owners, commercial developers, private investors, and niche housebuilders, as well as the financial institutions that fund them. I also lead the Renewable Energy team at Lodders. In this team, we guide a growing number of landowners through the complex documentation needed for matters like forming a solar PV development, establishing a battery storage scheme, and incorporating a wind farm. I have published books through Law Brief Publishing on the subjects of highways and renewable energy, and regularly contribute to Lexis Nexis....

Web page updated on 21/05/2026

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