Private road query

[sleep envy]

Does anyone know if the Highways Act of 1980 appies to a private/unadopted road?

[Drumroll]

Short answer yes.

[allergictocheese]

Which part (some parts of the act apply to making rights of way on private land etc)?

[sleep envy]

Obtaining licences from Local Authorities in respect of placing skips on a private road.

[GreigM]

If the public have a right of access - yes, you'd need a license/permit.

[allergictocheese]

GreigM said:

If the public have a right of access - yes, you'd need a license/permit.

On a quick read, it looks as if the relevant provision relates to Highways. An unadopted road isn't necessarily a Highway for the purposes of the act.

A road does not strictly become a Highway only on the basis that it can be accessed by the public.

Edited by allergictocheese on Wednesday 4th February 21:13

[tvrgit]

The only difference between an adopted highway (i.e. maintained at public expense) and a private highway (maintained at the expense of a private owner) is "who maintains it?"

In all other respects, they are identical, i.e. the right of the public to use them, and the provisions of the Highways Act apply equally to both (except where explicitly stated otherwise).

Not that a "private access" such as a long driveway is different - there is no public right to use it, so it's not a highway.