Issue details

Highway encroachment, Rural West

Purpose of the Report: In 2021 and 2022, the local Parish Council contacted City of York Council (CYC) to ask CYC, as the highway authority, to investigate a possible highway encroachment issue. CYC officers have investigated the issue and have identified an encroachment issue.

Under Section 130 of the Highways Act 1980, the Highway Authority has the duty to assert and protect the rights of the public to use any highway for which they are the highway authority, including any roadside verges.

This report presents a summary of the evidence collated by officers, describes the legal background to any enforcement action that the Council may decide to take, and provides options for the Executive Member to consider when determining the next steps to be taken by CYC as the highway authority.

The Executive Member will be asked: To determine the next steps to be taken by CYC as the highway authority for this encroachment case.

Decision type: Non-key

Decision status: Decision Made

Wards affected: Rural West York Ward;

Notice of proposed decision first published: 04/12/2023

Anticipated restriction: Part exempt  - View reasons

Explanation of anticipated restriction:
1. Information relating to any individual.
2. Information which is likely to reveal the identity of an individual.
3. Information relating to the financial or business affairs of any particular person (including the authority holding that information).

Decision due: 16/01/24 by Decision Session - Executive Member for Transport

Lead member: Deputy Leader of the Council and Executive Member for Economy and Culture

Lead director: Corporate Director of Place

Department: Directorate of Place

Contact: Helene Vergereau, Traffic and Highway Development Manager email:;


Landowner and Parish Council have been consulted.


Equality Impact Assessment Completed?: EIA will considered as part of the report.


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