Civil remedies for highway obstructions: local highway authority duties, statutory notices, urgent removals and injunctions under the Highways Act 1980 (England and Wales)

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note sets out the civil mechanisms available to a local highway authority for addressing highway obstructions. It explains what amounts to an obstruction and summarises the authority’s statutory powers and duties in dealing with them. Criminal powers are excluded, being considered in Practice Note: Local authority powers to manage highway obstructions—criminal offences. The guidance is suitable for authorities outside London. Much will also be pertinent to London authorities, but certain provisions mentioned below—such as sections 130A–130D of the Highways Act 1980 (HiA 1980)—do not apply in London. London authorities should separately verify whether the powers described below are available to them.

What is an obstruction?

There is neither an exhaustive list nor a single statutory definition. A broad characterisation, drawn from Lord Evershed in Trevett v Lee, is something that, whether permanently or for a time, removes all or part of a highway from public use. To that broad description, one may add the element that the removal is without lawful authority...

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Piers Riley-Smith

Kings Chambers

Piers has a varied planning, environment, licensing and highways practice. Piers is ranked in Chambers and Partners 2023 where Clients have said: " Piers Riley-Smith is a strong planning junior”“An enthusiastic and excellent communicator as an advocate, and within the professional team.”Piers is ranked in the Legal 500 as a “Rising Star” and is noted as being “approachable and fully committed to the job in hand, providing good advice and giving a very positive impression to clients.’Planning and EnvironmentHe is regularly instructed by local authorities, developers and the wider public in planning inquiries. He has also been instructed by both local authorities and developers at local plan and neighborhood plan exams. He appears in the High Court and Court of Appeal on behalf of local authorities, and private companies or developers, and local resident groups. He also accepts pro bono briefs from the...

Web page updated on 21/05/2026

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