Under Section 36 of the Highways Act 1980, the Council are obliged to keep a list of all streets in the city which are Highways Maintainable at Public Expense (HMPE). The information is given as guidance only as the register is regularly amended and updated. The updated list is usually published three times per year, April, August and December.
Please call Technical Support on 01752 304366 if you need more information. If you require written confirmation there is a charge for this to cover our costs.
- Letter: £69
- Plan: £69
- Letter and a plan: £116
- Letter, plan and additional information: £162
Please call our Technical Support on 01752 304366 if you have any problems. Most requests are dealt with within 10 working days of receipt.
HMPE - Extinguishments
There are only 2 ways in which an HMPE (Highways Maintainable at Public Expense) can be extinguished and that’s under Section 247 of the Town and Country Planning Act 1990 or Section 116 of the Highways Act 1980. An extinguishment under Section 116 can only be applied for by the Highway Authority.
There is no standalone process in which a member of the public can apply to extinguish a part of HMPE. It has to be done as a result of a development or a planning application. Once they have submitted an application to the local authority, they can then apply to the DFT (Department for Transport) for the extinguishment. The DFT will consult the local Highway Authority and if they have no objections, the highway will be extinguished as a result of the planning application.
The Highway Authority is very unlikely to extinguish random parts of HMPE as there are things like service margins and street lighting etc to take into consideration – the applicants would have to pay for the relocation or removal of any street lighting, also it is not good practise for the land that BT (British Telecom) boxes etc stand on to fall into private ownership. This is also the case if the land in questions forms part of a functioning street.
In the past where a member of the public wishes to try and extinguish part of HMPE under S247, they would be passed onto a Transport Officer to discuss the likelihood of them supporting the extinguishment before making their application so as to avoid wasting theirs and the officers time. This process is very similar to a Pre-Application under planning, obtaining advice from the Local Authority before any official application is made.
Enquiries can be made by emailing email@example.com
Please note some applications carry a fee that will need to accompany your application.