The council owned land over which a public right of way existed. For many years, the path had been part of land used from time to time for the storage of chippings. The plaintiff had complained that it was a highway.
Held: The Council’s appeal failed. The fact that a highway may be obstructed from time to time does mean that it ceases to be a highway. Whether the highway was in fact obstructed unlawfully would have to be tested in different proceedings.
Lloyd LJ said: ‘In this case we are concerned with a small triangle of land at Wilstone Green near Tring in Hertfordshire. It is shown well on a plan annexed to the amended defence of the Hertfordshire County Council at page 9 of the bundle. The triangle in question measures 40 feet from A to B, 120 feet from B to C and 120 feet from A to C. For many years the triangle has been used by the County Council, as highway authority, for the storage of stone chippings for the maintenance of the highway. The question before us is whether the triangle forms part of the highway’
Lloyd LJ, Bedlam LJ
Times 04-May-1990
England and Wales
Updated: 22 July 2021; Ref: scu.537763