HC Deb 05 March 1951 vol 485 cc3-4
4. Earl Winterton

asked the Minister of Transport if he is aware that instances occur on metalled roads of public rights of way being maintained by owners of the land which they traverse though joined to highway authority roads at each end; and if he will introduce legislation compelling highway authorities to maintain such roads where, after public inquiry, general usage of such road can be proved.

Mr. Barnes

I am aware of such cases. Some of these can be dealt with under existing statutes, but they arise in different ways and cannot all be treated alike. This is one of a number of features of highway law which could usefully be considered as part of a general consolidation and revision, but I do not think that the matter is so urgent or important as to justify special legislation.

Earl Winterton

Is the right hon. Gentleman aware that many of these cases arise from the ancestor of the owner having made, at his own expense, a road where there was before an unmetalled road, thereby saving the then authority— the parish authority—much money. Does he not agree that it is rather hard on the successor that he should have to keep up the road? Will the right hon. Gentleman allow me to send him details of one or two cases where real hardship has arisen in this connection?

Mr. Barnes

Certainly. I have indicated that there are a variety of experiences in this direction. I should welcome any information of that kind.

Mr. H. Hynd

Where any road is maintained by a public authority, will my right hon. Friend give an assurance that it will be taken over completely by that authority?

Mr. Barnes

I should not like to commit myself too far in that direction yet.