S.130A Highways Act 1980 - Obstructed Highways

What is Section 130A for?

Section 130 Highways Act 1980 sets out the duty of a highway authority (usually a county council or unitary authority) ‘to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it.’

Section 130A Highways Act 1980 provides a mechanism for anyone to make a highway authority that isn't asserting and protecting by removing obstructions, providing certain conditions are met.

Legislation and The Process

Relevant Highways

This process applies to ways that are footpaths, bridleways or restricted byways, or are shown on the definitive map as restricted byways or byways open to all traffic. ( s.130A(2)) This means that if a path is a footpath or bridleway or restricted byway, the process can be used even if the way is not on the definitive map.

Relevant Obstructions

The process can only be used for an obstruction falling within sections 143, 149 or 154 of the Highways Act 1980. This means

- it is a structure (including any machine, pump, post or other object of such a nature as to be capable of causing obstruction, whether or not it is on wheels) (s.143(4)), or
- it is a thing deposited on the highway so as to be a nuisance (s.149), or
- the obstruction is a hedge, tree or shrub overhanging a highway so as to endanger or obstruct the passage of vehicles or pedestrians, or obstructing or interfering with the view of drivers of vehicles or the light from a public lamp, or overhangs a highway so as to endanger or obstruct the passage of horse-riders (s.154).

Note, however, that s.130A(4) excludes the use of this process for obstructions that are
- a building (whether temporary or permanent) or works for the construction of a building, or
- any other structure (including a tent, caravan, vehicle or other temporary or movable structure) which is designed, adapted or used for human habitation, or
- it relates to vegetation growing on the surface of the highway (use s.56 Highways Act 1980 instead), or
- the obstruction is caused by the presence of a person.

Location

The process applies in England and Wales except where the obstructed highway is in an inner London borough.

Step 1: Starting the Process

Any person may start the process by may serve on the highway authority (county council or unitary authority) notice requesting them to secure the removal of the obstruction from the highway. (s.130A(1))

The person serving the notice must include in the notice the name and address, if known to him, of any person who it appears to him may be for the time being responsible for the obstruction. (s.130A(5))

In England, the relevant form is set out in The Removal of Obstructions from Highways (Notices etc.) (England) Regulations 2004 and is known as ‘Form 1’. A version more suitable for printing is at Form 1.

Step 2: Authority Response

The highway authority must, within one month from the date of service of the notice, serve its own notice (s.130A(6)) on
- every person whose name and address was included in the Step 1 notice,
- every other person who the highway authority think may be responsible for the obstruction.

The highway authority's notice informs the recipient that the Step 1 notice has been received, and states what, if any, action the authority propose to take.

The highway authority must also serve a notice on the person initiating Step 1 saying who it has served notices on (names and addresses) and what, if any, action the authority proposes to take in relation to the obstruction.

Step 3: Obstruction Not Removed

The ideal situation is that the obstruction is removed following receipt by the owner of the land or the obstructor of the highway, or that the highway athority takes legal action to secure the removal of the obstruction.

In case the obstruction is not removed, the legislation allows the initiator of Step 1 to take further action, as set out in s.130B and s.130C.

Further Information

The Open Spaces Society has published an excellent guide to using s.130A-C to secure the removal of obstructions. It can be found at https://www.oss.org.uk/need-to-know-more/information-hub/rights-of-way-requiring-the-highway-authority-to-act-on-obstructed-paths-section-130a-of-the-highways-act-1980/.