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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll