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Obstructions and roadworks on roads and highways

It is an offence to obstruct the free passage of the highway. Obstructions are objects which have been unlawfully placed on the highway or which overhang it.

What is an obstruction?

Examples are:

  • builders materials
  • debris
  • overhanging hedges
  • encroachment of highway boundaries - encroachment is where an activity unlawfully takes over a section of a public roadway; for example, a garage forecourt over-extending on to the public highway or planting of trees/shrubbery outside the roadside boundary

If a person without lawful authority or excuse in any way wilfully obstructs the free passage of cars / pedestrians along a highway, that person is guilty of an offence. In such cases Roads Service has legal powers and may enforce removal.

Placing of builders skips, erection of scaffolding and roadworks can also be considered obstructions, however these can be carried out quite legally if certain conditions are met.

Unauthorised vendors / traders on the public highway are dealt with by the local Council.

Water flowing onto the public road

Allowing water to flow from your property onto the public road is not only an offence but can cause a significant danger to road users particularly during frosty conditions. Water flowing onto a ‘salted’ road represents a particular danger as the running water will simply wash the salt from the road surface allowing it to freeze.

Adjacent landowners should take whatever steps are necessary to prevent water flowing onto the road. In certain circumstances, particularly in the interests of road safety, Roads Service may serve a notice on the owner or occupier of adjoining land requiring him to remedy the situation or may carry out whatever operations are necessary to restore the road condition themselves and may subsequently seek to recover costs from the offender if possible.

Reporting Problems

You can report any problems with streets and roads, including obstructions or mud / debris on the carriageway to Roads Service online, by e-mail, in writing or in person to the relevant office or by telephone.

Roadworks in your area

To find out about roadworks that are underway or programmed in your area, contact your local Roads Service office, or see the link for Road Improvements.

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