§ Mr. Gordon PrenticeTo ask the Secretary of State for the Environment, Transport and the Regions what steps he is taking to ensure a consistent approach by local authorities towards the removal of obstructions from pavements with particular reference to goods for sale. [33102]
§ Ms Glenda JacksonAnything placed on the highway is capable of being deemed an obstruction that the highway authority is under a duty to have removed. The highway includes the pavement. Whether an offence is actually committed in a given case is, however, a matter to be proved. Case law has established that there must be proof that placing the thing in question on the highway is unreasonable. This depends on the circumstances of the particular case. The Government have concluded that these can vary to such a degree that it is not possible to offer meaningful detailed advice to local highway authorities on the exercise of their powers, but encourage them to follow policies that place emphasis on the need to maintain unobstructed passage along the pavement for passers-by, but also take account of the interests of shoppers and retailers.