Interpretation of highway

Planning Advisory Service (PAS)

Ouvert | En cours - juillet 2012 | Dernière modification - Aujourd'hui

Former Member, modifié il y a 16 années.

Interpretation of highway

An extension is in the process of being erected to the rear of a property. The rear curtilage bounds a grass verge (approximately 5m in depth) which is adopted highway. Should the grass verge be included as highway meaning the development would require planning permission under Schedule 2, Part 1, Class A of the GPDO 1995?

Former Member, modifié il y a 16 années.

interpretation of highway

The answer is yes. Section 328(1) of the Highways Act 1980 provides that in that Act, except where the context otherwise requires, ‘highway’ means the whole or part of a highway other than a ferry or waterway.