Section 56 application to magistrate

[beardsince1978]

Not sure if this would be best post here or under general.

I'm looking for advice on making a highways act section 56 application to a magistrate. This is where a highway is out of repair, the council admit it is their highway but do nothing to fix it. Apparently the route is to apply to magistrate for an order compelling the council to fix it. I'm not sure how to word this, how much info to put in it, etc.. Google has failed to find any templates or examples.

[Amethyst]

It's not something I know anything about but the Ramblers association have some 'templates' (more guidance really) on their site - https://www.ramblers.org.uk/advice/i...aspx#templates

[R0b]

The below might help as an example to include in your application. You'll likely need to produce a plan of the road or area that is in disrepair as evidence along with other evidence to show it has not been repaired by the local authority.

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Matters of complaint: There was and is a highway maintainable at the public expense, and the portion of the highway [describe the portion which is in disrepair with reference to any road name, gate or entrance etc.] as delineated in red on the plan attached to this Complaint is out of repair.

The Defendant has admitted that the road is a highway and its liability to maintain it.

The Complainant applies to this Court pursuant to Section 56 of the Highways Act 1980 for an order that the Defendant may be required to appear and, if the Court finds that the highway is out of repair, show cause why it should not be ordered to put the highway into proper repair within such time as may be specified in the order.

[2222]

Not sure if this would be best post here or under general.

I'm looking for advice on making a highways act section 56 application to a magistrate. This is where a highway is out of repair, the council admit it is their highway but do nothing to fix it. Apparently the route is to apply to magistrate for an order compelling the council to fix it. I'm not sure how to word this, how much info to put in it, etc.. Google has failed to find any templates or examples.

Sledge hammer and nut spring to mind. Have you asked your local councillor to intervene?

[beardsince1978]

I've recently asked a friendly libdem councillor to help. The (tory) councillor for my ward has ignored my emails so pretty pointless asking him. My council have a very strange view of their duties as in what the law says comes second to what they want to do or what fellow councillors want. Hence I think a sledgehammer is very likely required as I'm not optimistic of the libdem councillor's chances.

I've looked at the ramblers info. Thanks for the suggestion and thanks for the suggestion of words.

The case is a bit more complicated than most. There is some history, namely this is a section of land next to the road. It used to be all road at one time (as shown on 1925 OS map). All the road was highway on definitive map up to 1975 map (which still used 1925 OS as basis). This section was lost after 1975 up until 2018. I found it and in 2018 it went back on definitive map.

It is the only corner of the highway that touches my land so it is important to me for services, for over the wall deliveries from builders' merchants', etc.. It also used to be the entrance to my land. However back in 1982 at the time of the planning permission for this land the parish council fraudulent claimed own this land (i.e. the highway) and frustrated the use of this entrance. They also contributed money and gave permission for trees to be planted on this land. These trees, over 10m tall, now block the entrance and are over my water pipe too. They are on the former carriageway as well as adjacent land which current status is waste land as highways refuse to acknowledge as highway (verge).

I wonder how much of this I should include? I can see highways claiming the tarmac road is adequate (it is a bit under 2 car width in fact) and that they are free to make road into verge. Except of course they didn't actually plant these trees. As a member of the public I feel I should have a right to use the highway, verge or tarmac, to reach my property, bring services in, unload over wall. Or even to have it as a foot entrance or an emergency services entrance (fire-engine cannot get in over RoW, neither can building materials). There is also a BT pole that can't be reached too.

[2222]

Ah! I thought you maybe had a couple of potholes that hadn't been mended.

maybe the council would sell you the land?