header-logo header-logo

17 June 2022 / Michael Orlick
Issue: 7983 / Categories: Features , Procedure & practice , Highways
printer mail-detail

Imposing traffic controls on private roads

84985
Michael Orlik looks at the rules of private roads
  • Includes caselaw on residents’ rights concerning traffic on private roads.

NLJ published in a July 2020 issue, an article by me which considered the statutory definition of ‘road’. The Road Traffic Regulation Act 1984 enables local authorities to make orders imposing parking restrictions on a road. Section 142 in the Act provides: ‘road’ ‘means any length of highway or of any other road to which the public has access’.

In R ex p Preeti Pereira and Environment and Traffic Adjudicators and London Borough of Southwark, [2020] EWHC 811 (Admin), [2020] All ER (D) 95 (Apr) discussed in the article, the High Court Judge held that, unless the access was lawful, the public did not have access. On the facts of that case, he found the public had not enjoyed lawful access, hence the parking restriction order was of no effect. Many private roads are ungated and nobody thinks of stopping the public from using them,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll