What legal grounds allow LTA to take action against footway obstructions?

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Legal Basis for Land Transport Authority Action Against Footway Obstructions

The Land Transport Authority (LTA) is empowered to take action against obstructions on public streets, five-footways, and private footways under Section 32A of the Street Works Act. This legislation explicitly prohibits the deposit or allowance of any article or thing to be placed on these thoroughfares, thereby providing the legal framework for the LTA's enforcement actions.
Section 32A of the Street Works Act

Section 32A of the Street Works Act clearly stipulates that no individual or entity shall deposit, or cause or allow to be deposited, any article or thing upon a public street, five-footway, or private footway. This provision grants the LTA the authority to intervene when such obstructions are identified, as demonstrated by recent actions concerning establishments in Circular Road.
Enforcement of Obstruction Rules

The LTA's authority under Section 32A has been in place since August 2003, when it initially communicated compliance requirements to contractors and developers. Despite this, the enforcement of these rules has been described as sporadic, with instances such as the 2011 notices served to 31 coffee shop operators in Geylang for similar obstructions. The Act's wording, which does not permit anything to be placed on a footway, suggests a strict interpretation that, if fully applied, would necessitate the removal of all items from footways island-wide.
Historical Context and Proposed Flexibility

Historically, footways have been utilised for various purposes, including shop displays and outdoor dining, for decades, contributing to the character of urban areas. While the current law provides the LTA with grounds to act against obstructions, the article suggests that policymakers might consider modifying the Act to allow for greater flexibility. Such modifications could involve permitting items on footways provided a defined safe passage for pedestrians is maintained, potentially leading to more consistent enforcement across the island.

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What legal grounds allow LTA to take action against footway obstructions?

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