Highway obstructions
We have a difficult job to balance the needs of all our road users; vehicle drivers, motorcyclists, cyclists and last but not least pedestrians. The latter category being the largest group, because at some time we are all pedestrians. Unfortunately a small number of pedestrians have circumstances or impairments which we, individually and as a council, by adapting our circumstances in a small way, could help greatly.
We have a duty of care to pedestrians whilst they are using the pavements within the borough. Knowing that obstructions on the pavement cause concern and stress to some pedestrians such as wheelchair users, young mothers with buggies, visually impaired people, and senior citizens to name a few, we decided to revise our policy in relation to obstructions on the highway. The policy, which was approved in 1991, was no longer considered fully compliant with the Council’s duty and therefore had become inappropriate.
Consequently at the Cabinet meeting of 08 November 2004 the approval was given to enforce an interim policy before reporting back to Cabinet with a permanent policy.
The interim policy states:
"The Council will comply with its duty in relation to the removal of unlawful obstructions on the highway as set out in the Highway Act 1980 and any other relevant legislation."
The Highway in legal terms includes the road, verges and pavement and additionally at some locations land attached or adjacent which is also adopted.
This gave us the authority to keep the pavements across the borough clear and not obstructed by goods, advertisement boards or any other unauthorised obstructions.
Without authority no one can place anything anywhere on the highway, and particularly the pavement.
Whilst we do have every sympathy with shopkeepers, and the council supports their trade, if we are to serve all members of the community we must address our responsibilities for safety to vulnerable people, as well as providing an environment where local traders can run successful businesses. Therefore, under the current legislation, there is no authorisation for advertisement boards or shop displays or the like to be placed on the pavement, and anyone doing so commits an offence.
The council and some statutory bodies are authorised by various acts of parliament to place official street furniture such as signs, lamp posts and litter bins on the highway.
Should shopkeepers or anyone place an obstruction on the pavement they risk a fine, or Court Order to remove and dispose of the item(s). The fine can be quite significant up to £3000, rising to £5000 for a second offence, dependant on the nature of the offence.
Accordingly, we have an enforcement officer whose job it is to enforce this legislation. The officer will implement the policy on a borough wide basis and will contact any person suspected of placing anything on the highway which the council perceives to be a danger or a nuisance. The officer will clarify and explain the policy to the person, and request that the obstruction is removed. Should the obstruction not be removed voluntarily the officer will arrange its removal by the council, with or without notice. Related costs shall be recharged to the owner, or any person who claims to be entitled to it.
Legal Action may be taken by the following:
- Walsall Council
- Police
- Private Individuals (in certain circumstances)
In addition to any related costs that may be due to the council anyone responsible for placing unauthorised obstructions may also face claims for damages if anyone is injured as a result of the obstruction.
Shopkeepers who wish to risk such claims will in addition face legal action by Walsall Council.
Walsall Council policy
- No advertisement boards on the highway at any location
- No shop displays on the highway at any location
Contact us
Public Protection
Challenge Building
Hatherton Road
Walsall
WS1 1YG
Telephone 01922 652246
Email licensingenforcement@walsall.gov.uk