Southwest Environmental Limited

 Provision of Footways

A foot way is like a pavement (or side-walk) if you have been Americanised.

The provision of new footways is often required, when building new developments. But what is a footway (below Definition Courtesy of Essex Highways):

"Footway" - a frequently misused and misunderstood term means the pavement/path running along the side of a carriageway over which the public have a right of way on foot only. It is not a footpath. A footway is essentially a part of a carriageway and is therefore not a highway in its own right.

So who's responsibility is it to provide a Footway?

 "A roads authority shall provide, wherever it appears to them necessary or desirable for the safety or convenience of pedestrians so to do, proper and sufficient footways for public roads".

What is a Roads Authority?

Assuming a Roads Authority is the same as a highways authority. . .  "In England and Wales a Highway Authority is a statutory organisation empowered by the Highways Act 1980, as amended by various other acts (including the GLA Act), to carry out the function of owning and operating the highway network in those two countries. Highway Authorities outside the national government are the top-tier local authorities in their relevant areas, such as County Councils, Metropolitan Boroughs, or Unitary Authorities.

Who is My Highway Authority or Roads Authority?

Unless you are discussing trunk roads, such as motorways and dual carriage ways, it is likely your county council. You can look up your county council here.

Section 106

Developers will often by tied to creating footways, which are then adopted by the Highways Authority, under a section 106 agreement.

Section 278

In relation to a new development describe, it would normal to seek for provision of new footways linking to existing footways via planning condition. The new footways could be located on existing highway land, or privately owned land that would then be adopted as highway land.

Either of these would typically be dealt with post planning through a S278 agreement.   There have been occasions when the above has been progressed through a S106 agreement rather than exclusively through a planning condition, so there is some flexibility in how I would approach the issue.