Obstruction on verge
Reported anonymously at 18:54, Wednesday 11 September 2019
Sent to Oxfordshire County Council and South Oxfordshire District Council 1 minute later
Householder has constructed a low brick wall which abuts Stoke Row Road between Stevens Lane and Lime Avenue. This wall forces pedestrians onto the road in order to walk around it. Additionally the wall is a hazard to drivers, and the built-in light can be dazzling in the winter months – the wall has been hit and rebuilt on more than one occasion!
In Griffiths (Contractors) Ltd v Driver & Vehicle Licensing Agency the court held that the verge was part of the road.
For your reference - Highways Act 1980
Paragraph 130, 4 it is the duty of a local highway authority to prevent any unlawful encroachment on any roadside waste comprised in a highway for which they are the highway authority.
Paragraph 96, section 2 A highway authority may alter or remove any grass verge laid out, whether or not by them, in a highway maintainable at the public expense by them and any guard, fence or other thing provided, whether or not by them, for the maintenance or protection of any tree, shrub or verge in such a highway.
Paragraph 152 A competent authority may by notice to the occupier of any building require him to remove or alter any porch, shed, projecting window, step, cellar, cellar door, cellar window, sign, signpost, sign iron, showboard, window shutter, wall, gate, fence or other obstruction or projection which has been erected or placed against or in front of the building and is an obstruction to safe or convenient passage along a street.
Section 6 (b) that an unlawful encroachment has taken place on a roadside waste comprised in a highway for which they are the highway authority, it is the duty of the local highway authority ... to take proper proceedings accordingly...
Council ref: ENQ19842425
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