Highways Law Conference: November 2007

Nicholas Hancox is a regular speaker at the LGG’s annual Highways Law Conference in London.  Last time, Nick was talking about advertising on the highway and obstruction of the highway.  Sometimes the adverts are obstructions – but that is not always the case.  Here are some of the headings from his 2007 talk: 

Advertising on the Highway

Tougher measures to crack-down on illegal outdoor advertisements
A DCLG Press Release published     on 15 March 2007

The Town and Country Planning (Control of Advertisements) Regulations 2007  (SI 2007 No 783) (This came into force on 6th April 2007)

The DCLG Circular 03/2007 dated 29 March 2007 and entitled “Town and Country Planning (Control of Advertisements) (England) Regulations 2007”

Section 115E of the Highways Act 1980
Execution of works and use of objects etc, by persons other than councils

Section 115F of the Highways Act 1980 gives a local authority the power to require the payment of such reasonable charges for the grant of a permission issued under section 115E of the 1980 Act.

Town and Country Planning Act 1990 as amended: section 225
Power to remove or obliterate placards and posters

Three Reported Cases on Advertisements:

• R (on the application of Clear Channel UK Ltd) v Southwark London Borough Council [2006] EWHC 3325 (Admin) QBD (Admin) (Gilbart J)

• Westminster City Council v Moran (1998) DC (Simon Brown LJ, Hooper J) 12/6/1998

• Kent County Council v Curtis (1998) DC (Simon Brown LJ, Hooper J) 15/6/1998

Obstruction of Highways

s. 130 Highways Act 1980 - Protection of public rights

s.132 Highways Act 1980 – Signs on the Highway

s. 137A Highways Act 1980 - Interference by crops

s. 137 ZA Highways Act 1980 - Power to order offender to remove obstruction

s. 143 Highways Act 1980 - Power to remove structures from highways

The Clean Neighbourhoods and Environment Act 2005:

s. 3:  Exposing Vehicles for Sale on a Road  (Two or more vehicles as a business.)
s. 4:  Repairing Vehicles on a Road (As a business and not in an emergency.)

Road Traffic Regulation Act 1984 as amended from March 2008
Section 101 - Ultimate disposal of vehicles abandoned and removable under [the 1984] Act