“According to this link to the Department for Transport’s Code of Practice, Fourth Edition, revised October 2016:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/43578/street-works-code-of-practice.pdf a local authority is required to maintain a register of all publicly maintainable highways, non-publicly maintainable highways and private streets.
Further, I understand the register must contain details of every street, of which the local authority is aware, which is highway, but not publicly maintainable. Also, that everyone has a right to inspect the register, free of charge, at all reasonable times and that authorities are strongly recommended to publish the register on their public website.
However, whereas I can find the information I need on Cornwall County Council’s website and Plymouth City Council’s website, I cannot find it on Devon County Council’s website.
Is the register published on Devon County Council’s website and, if so, can you send me a link to it or explanation of how I can find it?
This record is kept by Devon County Council Land Charges. It can be viewed personally by visiting County Hall or an extract can be provided for a fee.
Information can also be found by visiting https://www.devon.gov.uk/roadsandtransport/data/
If the register is not published on Devon County Council’s website, where and when can I inspect the register?
Main Reception, County Hall
If the register is not available for me to inspect for any reason, can you tell me if each of the following roads (a. to g.) are
- publicly maintainable highway
- privately maintainable highway
- private access only (with no public access and hence not a highway)
a) Kingsdown Road, Teignmouth, TQ14 9AU – Not highway maintainable at public expense
b) Kingsdown Close, Teignmouth, TQ14 9AX – Not highway maintainable at public expense
c) Oak Park Road, Dawlish, EX7 0DE – Not highway maintainable at public expense
d) Old Gatehouse Road, Dawlish, EX7 0DG – Highway maintainable at public expense
e) Sea Lawn Terrace, Dawlish, EX7 0AD – Not highway maintainable at public expense
f) Riviera Terrace, Dawlish, EX7 0AE – Not highway maintainable at public expense
g) Crossways, Dawlish, EX7 0AE – We are not able to locate this. If you can provide us with a plan showing the location we can look into this further for you.
I understand that ‘If an authority becomes aware of evidence then it should immediately assess it and decide whether it supports the proposition that a highway exists.’ and ‘ If so, the authority is aware of the highway and is obliged by the regulations to add it to the LSG and SWR without further ado.’
As I believe a. to f. to be highways (either publicly or privately maintainable) if these do not appear as highways in the register, what procedure must I follow to have this information added to the register? Again, I have not been able to find this information on Devon County Council’s website.
Please note that a-f are on Devon County Council’s register. They are not (save for d) listed as Highways Maintainable at Public Expense. We suspect that Crossways relates to houses at the end of Sea Lawn Terrace but without a plan we cannot confirm this. If you are able to provide precise location information we can look into this way being added to the register. Devon County Council can confirm only whether highway is maintainable at public expense or not. If it isn’t then Devon County Council has no other information on that area other than that it exists. The rights people have over and the provisions for maintenance of land that is not Highway Maintainable at Public Expense are not known to the local authority.
If you are saying that a-g should become Highway Maintainable at Public Expense then an application would need to be made to Devon County Council to include supporting evidence that the roads should be adopted. For a road that is not currently Highway Maintainable at Public Expense to be considered for adoption it would need to conform to the Devon Design Guide https://www.devon.gov.uk/highwaysdesignguidepart4-2.pdf .