As a Highway Authority the Council has responsibility for the maintenance of publicly adopted highway.
Under the Highways Act 1980 the Council have certain powers including:
Section 137 - Penalty for willful obstruction.
Section 143 - Power to remove structures from the highway.
Section 148 - Penalty for depositing things or pitching booths, etc on the Highway
Section 149 - Removal of things so deposited on Highways as to be of a nuisance etc.
If you are reporting an obstruction on the Highway please give as much information as possible including:
- Exact location of obstruction
- Type of obstruction
- Any other details, ie owner of obstruction (if known)
- If a vehicle, include the type, make, model and registration.
- Your name and contact details (these will not be disclosed)
- If an open excavation is in the road or pavement, please provide any details including Utility/Contractor, for example, Water, Gas, British Telecom.
- Length of time the obstruction has been on the Highway.
What do we class as obstructions?
- A skip or scaffolding which is causing an obstruction on the pavement.
- No physical walkway around street works, road works, building works or an open excavation in the pavement.
- Building materials blocking or causing an obstruction on the pavement.
- An advertising board blocking or causing an obstruction on the pavement.
- Banners or bunting causing an obstruction (this may be a visual obstruction as well as a physical obstruction)
- Hedges or trees causing an obstruction (this may be a visual obstruction as well as a physical obstruction)
- Discharge of water over the highway.
- Mud and debris on the highway.
- Mixing of concrete/mortar on the highway.
- Unauthorised vendors/traders.
Encroachments are where ownership of areas of the highway has been unlawfully gained.
If a person without lawful authority or excuse in any way wilfully obstructs the free passage along a highway, they are guilty of an offence. In such cases the Highway Authority has legal powers to enforce the removal of the obstruction.
Frequently asked questions
Can I put up an 'A' board on the highway outside my premises?
Currently no. However, we are working on a licensing scheme to allow some 'A' boards to be placed on the highway. It is anticipated that this scheme will come into operation during 2008.
What signing and guarding do I need to provide around legally deposited materials?
Reflective barriers, cones, "keep left arrows" "keep right arrows", warning lights, for hours of darkness. (In accordance with Chapter 8,Traffic Signs Manual) see also link to PID 383 Licence – Building Materials.
How far should I cut back my overhanging hedges/trees?
To the back line of the public footway.
Can the Local Authority prosecute offenders.
Yes in appropriate cases.
How to contact us
Phone: 0161 253 5353
Fax: 0161 253 5851
E-mail: customercontactteam@bury.gov.uk
Write or call in: Highway Network Services, Lester House, 21 Broad Street, Bury, BL9 0AW
