Obstructions on the Highway

Tameside MBC, as the Highway Authority, has a legal duty to protect the rights of the public to enjoy full-unobstructed access over the public highway.

In addition we are concerned for the safety and convenience of the public, particularly pram and wheelchair users, the disabled, the partially sighted and the blind. Rather than wait for complaints to be received, this Authority is seeking to avoid the necessity to complain and will issue notices and take enforcement action where necessary.

• Advertisement Boards
• Building Materials
• Parking on Pavements
• Overhanging Vegetation

Advertising Boards

There is an increasing problem throughout the Borough of Tameside regarding the obstruction of the Public Highway, by goods/advertising boards placed on footways outside or near trade/shop premises. You will appreciate that such obstruction not only cause problems for pedestrians, especially for prams and people in wheelchairs, but also can be a source of danger for partially-sighted and blind people.

The placing of such goods/advertising boards on the Public Highway constitutes offences under both the Highways Act 1980 and also Section 28 of the Town Police Clauses Act 1847.

We are seeking the co-operation of all traders within the Borough to remove all goods/advertising currently placed upon the Public Highway.

What exactly is public highway?

There are three points to be borne in mind with regard to highway dedication. In evaluating the entitlement of any trader to use of the footway adjoining his frontage, the criterion set under Section 31 of the Highways Act 1980 applies.

The key factors associated with this section of highway legislation are as follows:

• Has the forecourt been designated as highway due to the passage of time being greater than 20 years, as stipulated under Part 3(9) to Section 31 of the Highways Act 1980?
• Has the Council maintained the area in question? This will add significant weight to the dedication.
• The only way that a presumption of dedication would fail is due to the presence of both markers, delineating the edge of the forecourt and a notice inconsistent with the dedication of the highway.

In general terms, the forecourt is considered to be highway and the onus of proof that use of it by the public could not give rise to any presumption of dedication, is dependant on the proprietor. There are locations where there are anomalies and these are normally evident from our records.

What we will do

We therefore request the entire width of the highway is clear for the free passage of pedestrians and other users. Any illegally placed sign, goods or other article should be removed from the highway immediately.

Unfortunately, where it is not possible to gain voluntary co-operation, the advertising sign may be seized and removed by the Highways Enforcement Officers, using their powers under the Highways Act. These signs may be returned upon payment of an administration charge. Goods and other articles may be seized under the same powers or a Magistrates Court order may be applied for, to obtain the removal of all items from the highway.

View more information on Advertisement Control.

Building Materials

Permission is granted with the issuing of a licence number. Details of how to apply for a licence is available here.

Parking on Pavements

The Council, as Highway Authority, has a responsibility to keep the roads and footpaths safe to use.

Illegally parked vehicles cost the Council thousands of pounds a year in damage to paving, damage to grass verges, and cause potentially serious problems for blind, disabled and older people.

What action does the Council take against pavement parking?

If there are waiting restrictions (yellow lines) on the highway adjacent to the pavement then a Penalty Charge Notice will be issued, since a vehicle parked in this manner is in contravention of the traffic order. Waiting restrictions cover the highway from centre of highway to back of footpath.

Overhanging Vegetation

Tameside MBC, as the Highway Authority, has a legal duty to protect the rights of the public to enjoy full-unobstructed access over the public highway. In addition we are concerned for the safety and convenience of the public, particularly pram and wheelchair users, the disabled, the partially sighted and the blind.

Rather than wait for complaints to be received, this Authority is seeking to avoid the necessity to complain.

Every street in Tameside is currently inspected at least once every six months for a number of maintenance issues, including obstruction of the public highway by vegetation. Where vegetation is found to be obstructing the highway, a note of the location is made and the owner or occupier notified.

But I don't think the vegetation needs cutting back!

This is a comment we often receive. However, it is important that everyone is treated on an equal basis. Therefore, although the vegetation from your property may only overhang the highway by a small amount it is nonetheless still restricting the public right to full access over the highway.

We would therefore request that the entire width of the highway is clear for the free passage of pedestrians or vehicles, as appropriate, and that no streetlight or road sign is obscured. A minimum headroom of 2.3m (7' 6") above pedestrian areas and 5.2m (17' 0") above the carriageway and area immediately adjacent for a distance of 0.45m (1' 6") is required. In addition, please ensure that all the vegetation is cut back vertically.

If we are unable to gain voluntary co-operation, it will unfortunately be necessary for a formal Notice to be served.

Definitions

The public highway, as defined by law, consists of any verge, footway, carriageway, bridleway or footpath whether or not maintained at public expense and over which the public has a right of way.

Vegetation, for the purposes of this article, includes trees, hedges, shrubs or any other organic growth.

If you wish to report an obstruction on the highway, please use the online reporting system.
DO NOT USE THIS FORM FOR ABANDONED VEHICLES, TRAILERS, CARAVANS, SKIPS OR SCAFFOLDS, PLEASE USE THE FOLLOWING SYSTEMS
Skips
Scaffolding
Abandoned vehicles or call 0161 342 8355

Online Reporting System