Policies regarding highways and streets - Find a freedom of information request

Request

1. Requesting the policies regarding highways and streets in the authority of the Lincolnshire County Council, especially pertaining any information on wilful obstruction.

2. Requesting all policies regarding highways and street restrictions pertaining any and all responsibility held by Lincolnshire County Council.

In addition any information/act pertaining to the Highways act of 1980 that complies with and prohibits wilful obstruction of the highway, including in regard to highways specifically mentioning dropped kerbs, health and safety particularly liability of council permitted work and liability to damaged and missing pavement furniture.

Decision

1. Matters relating to obstruction of the highway are detailed in Lincolnshire County Council’s (LCC) Highways Infrastructure Asset Management Plan https://www.lincolnshire.gov.uk/downloads/file/1899/highways-infrastructure-asset-management-plan-2018

 

Section137 of the Highways Act 1980 outlines willful obstruction of the highway. Where a vehicle is parked on the public highway in a manner which does not obstruct passage of traffic or pedestrians, and there are no parking restrictions in place, this is not considered willful obstruction. Section148 of the act outlines the placement of items on the highway deem to cause interruption.

 

2. LCC’s Parking Enforcement Procedures Manual can be viewed here https://www.lincolnshire.gov.uk/directory-record/63748/parking-enforcement-procedures-manual. Please note ‘Enforcement primarily becomes the responsibility of the Local Authority but the police remain responsible for endorsable offences such as dangerous parking, obstruction.

 

3.

  • Sections of the Highways Act 1980 which relate to this are provided above.

 

  • Safety at works in the highway is outlined within Safety at Street Works and Road Works – A Code of Practice (the Red Book).

 

  • The Highways Infrastructure Asset Management Plan, link above, covers intervention timescales for damage/missing street furniture.
Reference number
6357633
Date request received
14 March 2023
Date of decision
31 March 2023