Defra

It is an offence to wilfully obstruct free passage along a highway without lawful authority or excuse. Anyone can take out a prosecution against those who obstruct a highway. In addition, highway authorities may secure the removal of obstructions by serving notice on the person responsible for the obstruction. If that person fails to comply with the notice the highway authority is entitled to arrange for the removal of the obstruction at that person’s expense.

Section 63 Countryside and Rights of Way Act 2000, inserts new sections 130A-130D into the Highways Act 1980. The sections enable any person to serve a notice on a local highway authority, requesting it to secure the removal of an obstruction on a public right of way. Should the authority refuse or fail to take action, the applicant can seek a magistrates' court order compelling the authority to act. The powers were commenced on 13 February 2004 in the Countryside and Rights of Way Act 2000 (Commencement No. 4) Order 2004 SI No. 292/2004.

Process for getting an obstruction removed

The link below takes you to a flowchart which sets out the various stages.

• Process for dealing with alleged obstructions to rights of way (10 KB)

The form of the notices is set out in the Removal of Obstructions from Highways (Notices etc) (England) Regulations 2004, which came into force on 10 March 2004. Guidance was issued to coincide with these regulations setting out how the process will work.

Copies of this guidance (which includes the forms of notices prescribed in these regulations) have been sent to local authorities. The guidance can be viewed below and printed copies are available from Admail 6000, London SW1A 2XX 08459 556000 (quote reference PB 9193).

The notices are also set out individually below in Word format to enable them to be downloaded and completed. We hope this will be particularly useful for anyone wishing to report an obstruction.
Copies of the statutory instruments are at www.hmso.gov.uk. Copies can also be purchased from www.tso.co.uk/bookshop or ordered on 0870 600 5522.

Guidance to Local Authorities (35 KB)

Form 1 - Notice requesting the authority to remove the obstruction (15 KB)

Form 2 - Notification by authority to person(s) responsible for obstruction (8 KB)

Form 3 - Notice to the person who used Form 1 that the authority have served Form 2 (6 KB)

Form 4 - Notification to the authority that the person who used Form 1 intends to apply to a Magistrate's Court to require the authority to take action (6 KB)

Form 5 - Notice of a Magistrate's Court Order having been made (7 KB)

Survey of Local Highway Authorities

In July and August 2005 Defra surveyed all of the unitary, metropolitan districts and county councils in England to identify how many notices they had received under the new provisions, and how many of these had ended up in the courts. We had responses from 106 of the 116 councils we contacted.

There were 391 notices served between February 2004, when the legislation came into force, and July/August 2005. Of these only 5 reached the magistrates’ court, The vast majority of cases are therefore being resolved without recourse to the courts. This is very encouraging.

• Survey results (10KB)