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Highway Act s36(6) time limit
Hi,
Highway Act 1980 s36(6) sets a duty on the Highway Authority to "cause to be made, and shall keep corrected up to date, a list of the streets within their area which are highways maintainable at the public expense.". There is no time limit given for this to occur. Does anyone know of any precedents etc. where it was decided what a reasonable time limit would be?
The Wildlife and Countryside Act 1981, is a bit similar to HA s36(6) in that it covers rights of way, footpaths, byways, bridleways and BOATs (byways open to all traffic). WCA 1981 in Schedule 14, Para 3(2) sets a 12 month limit. Has this every been used as a guide for HA s36(6) time limit?
If the 12 month limit is WCA 1981, schedule 14, para 3(2) is exceeded then the remedy is for the applicant to apply to the Secretary of State to direct the authority to determine the application. Has this ever been done? What was the outcome?
BTW my council likely have 390+ applications that could be forwarded to the Secretary of State, at least that is what they say. Circa 400 applications in the DMS queue and processing 5-10 per year (and this council says coming near bottom in the Times list is unfair!).
Thanks
Highway Act 1980 s36(6) sets a duty on the Highway Authority to "cause to be made, and shall keep corrected up to date, a list of the streets within their area which are highways maintainable at the public expense.". There is no time limit given for this to occur. Does anyone know of any precedents etc. where it was decided what a reasonable time limit would be?
The Wildlife and Countryside Act 1981, is a bit similar to HA s36(6) in that it covers rights of way, footpaths, byways, bridleways and BOATs (byways open to all traffic). WCA 1981 in Schedule 14, Para 3(2) sets a 12 month limit. Has this every been used as a guide for HA s36(6) time limit?
If the 12 month limit is WCA 1981, schedule 14, para 3(2) is exceeded then the remedy is for the applicant to apply to the Secretary of State to direct the authority to determine the application. Has this ever been done? What was the outcome?
BTW my council likely have 390+ applications that could be forwarded to the Secretary of State, at least that is what they say. Circa 400 applications in the DMS queue and processing 5-10 per year (and this council says coming near bottom in the Times list is unfair!).
Thanks
