The current purpose of this request is to generally ascertain TfL's handling of matters relating to frontager access via footways that is either illegal or legal but not fit for purpose. Reference is only made to TfL-managed routes. Please provide: [I] Copies of any TfL policy (or protocols, codes etc.) and references to any regulations or legal principles that TfL considers applicable to: (a) use by frontagers of land that may be wholly or partly publicly-owned and/or actually part of the highway (b) illegal motor vehicle access to that land via footways (i.e. without corresponding vehicle drop downs) (c) legal motor vehicle access via existing official drop downs which has become dangerous or no longer acceptable due to related changes subsequently made to the highway (d) hostile acquisition of prescriptive rights [II] Procedures regarding reversal or amendment of vehicle drop downs that may be considered unsuitable or unsafe due to highway changes post drop down provision.

---

TfL Ref: FOI-0453-1920

Thank you for your email of 11^th May 2019 asking for information about “TfL route frontager property acess via footways”.

Your request has been considered in accordance with the requirements of the Freedom of Information Act our information access policy.

Specifically you asked:

“Please provide:

[I] Copies of any TfL policy (or protocols, codes etc.) and references to any regulations or legal principles that TfL considers applicable to:

(a) use by frontagers of land that may be wholly or partly publicly-owned and/or actually part of the highway

(b) illegal motor vehicle access to that land via footways (i.e. without corresponding vehicle drop downs)

(c) legal motor vehicle access via existing official drop downs which has become dangerous or no longer acceptable due to related changes subsequently made to the highway

(d) hostile acquisition of prescriptive rights

[II] Procedures regarding reversal or amendment of vehicle drop downs that may be considered unsuitable or unsafe due to highway changes post drop down provision.”

Requests under the Freedom of Information Act cover recorded information only, and that they are answered on the basis of the recorded information that is (or is not) held by the public authority concerned. It is not entirely clear what recorded information you are requesting when you ask for “….and references to any regulations or legal principles that TfL considers applicable to...(a)-(d)”. Please note that it is not for TfL to provide legal advice to applicants in response to FOI requests. That said, I have been in liaison with various teams across TfL to try and interpret your request as best we can and to see what information we can provide which may be of value.

In relation to part [I] of your request, TfL does not hold any specific policies, protocols or codes in relation to you listed items (a) – (d). It is suggested that you may be interested in the GDPO (General Permitted Development Order) and the Town and Country Planning Act. These are not TfL documents, but they can be found online at https://www.legislation.gov.uk/. You may also wish to review the London Plan (again, not a TfL document, but it can be found online here: https://www.london.gov.uk/what-we-do/planning/london-plan) and the Planning Policy pages of the Lewisham Council website: https://lewisham.gov.uk/myservices/planning/policy.

Colleagues in our legal team have also suggest that you refer to S.184 of the Highways Act 1980 and S.16 of the London Local Authorities and Transport for London Act 2003. I am also informed that prescriptive rights cannot be acquired over public highway.

Note that Lewisham Council is the planning authority (with responsibility for enforcement action against unauthorised use of forecourts and front gardens) and may have more information that may be of use to you

In relation to question [II], agreement to facilitate works to alter the existing highway are made under Section 278 of the Highways Act 1980, as amended by section 23 of the New Roads and Street Works Act 1991. More information can be found on the TfL website here:

https://tfl.gov.uk/info-for/urban-planning-and-construction/transport-assessment-guide/highway-works

Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.

Yours sincerely,

David Wells

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

Back to top

---