Highways Act 1980
175B
- (1) Access to or from a trunk road in England must not be constructed, formed or laid out without the consent of the highway authority for the trunk road.
- (2) Subsection (1) does not apply where—
- (a) section 24(2) applies, or
- (b) development consent is required under the Planning Act 2008.
Restriction on construction of bridges over highways.
Refunds etc. where work done otherwise than at expense of street works authority.
Provisions as to private street in area of more than one street works authority.
Provisions as to private street in area of more than one street works authority.
Acquisition of land for mitigating adverse effects of constructing or improving highway.
Acquisition in advance of requirements.
Acquisition in advance of requirements.
Benefit to vendor to be taken into account in assessing compensation on certain compulsory acquisitions for highway purposes.
Vesting of highways maintainable at public expense.
Benefit to vendor to be taken into account in assessing compensation on certain compulsory acquisitions for highway purposes.
Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.
Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Transitional provisions, amendments and repeals.
Application to Isles of Scilly.
Contribution towards maintenance of bridge where road ceases to be a trunk road.
Contribution towards maintenance of bridge where road ceases to be a trunk road.
Power to require angles of new buildings at corners of streets to be rounded off.
Royal Parks or highways in London affected by proposals relating to the other.
Penalty for obstructing execution of Act.
Construction of certain enactments relating to execution of works by statutory undertakers.
Saving for Coast Protection Act 1949.
Saving for Coast Protection Act 1949.
Application to Isles of Scilly.
Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Ministeror strategic highways company.
Certain special roads and other highways to become trunk roads.
Creation of footpath , bridleway or restricted byway by agreement.
Duty to have regard to agriculture, forestry and nature conservation.
Power of district councils to maintain certain highways.
Provision of cattle-grids and by-passes.
Regulations concerning construction and maintenance of road humps.
Other EEA States.
Provisions supplementary to section 108.
Interpretation of Part VI.
Exercise by council of functions of Ministeror a strategic highways company with respect to management or provision of picnic sites etc.
Provision of public conveniences by county council for users of roads for which they are the highway authority.
Power to impose conditions on permissions under section 115E.
Application for a public path extinguishment order.
Stopping up of certain highways for purposes of crime prevention, etc.
Application for a public path diversion order.
Stopping up of footpaths , bridleways and restricted byways crossing railways.
Application by proprietor of school for special extinguishment order.
Regulations with respect to applications for orders.
Further powers to stop up private access to premises.
Section 130B: costs.
Penalty for damaging highway etc.
Temporary diversion for dangerous works: supplementary.
Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway
Liability of certain persons in respect of materials left on highway.
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Damage to highway consequent on exclusion of sun and wind.
Acquisition of land for mitigating adverse effects of constructing or improving highway.
Restriction on construction of bridges over highways.
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Refunds etc. where work done otherwise than at expense of street works authority.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Advances for highway purposes.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Agreements as to execution of works.
Royal Parks or highways in London affected by proposals relating to the other.
Temporary diversion for dangerous works: supplementary.
Vesting of drains etc. of certain roads.
Transitional provisions, amendments and repeals.
Register of applications.
Provisions supplementary to sections 124 and 125 etc.
Section 130B: costs.
Disturbance of surface of certain highways.
Damage to highway consequent on exclusion of sun and wind.
Regulations under sections 171A and 171B
Agreements as to execution of works.
Penalty for obstructing execution of Act.
Penalty for obstructing execution of Act.
Acquisition of land between improvement line and boundary of street.
Widening of carriageway not to cease to be improvement by reason of diminution etc. of footway.
Compulsory acquisition proceedings taken concurrently with other related proceedings, etc.
Clearance of title to land acquired for statutory purposes.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Construction of certain enactments relating to execution of works by statutory undertakers.
References to functions of council as respects any highway.
Borrowing power of councils.
Power to require angles of new buildings at corners of streets to be rounded off.
Royal Parks or highways in London affected by proposals relating to the other.
Penalty for obstructing execution of Act.
Saving for minerals etc.
Transitional provisions, amendments and repeals.
Saving for Coast Protection Act 1949.
Application to Isles of Scilly.
Agreements between local highway authorities and strategic highways companies for doing of certain works.
Seconding of staff etc.
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Seconding of staff etc.
Compulsory powers for creation of footpaths , bridleways and restricted byways.
Default powers of highway authorities in respect of non-repair of privately maintainable highways.
Validity of decisions
Validity of decisions
Power to divert navigable watercourses.
Duty to have regard to needs of disabled and blind in executing works, etc.
Provisions supplementary to section 108.
Provision of areas for parking heavy goods vehicles, etc.
Refunds etc. where work done otherwise than at expense of street works authority.
Acquisition of land between improvement line and boundary of street.
Application by proprietor of school for special extinguishment order.
Diversion of footpaths, bridleways and restricted byways crossing railways.
Acquisition in advance of requirements.
Compulsory acquisition proceedings taken concurrently with other related proceedings, etc.
Supplementary provisions as to public path extinguishment and diversion orders.
Register of applications.
Provisions supplementary to sections 124 and 125 etc.
Damage to highway consequent on exclusion of sun and wind.
Regulations under sections 171A and 171B
Agreements as to execution of works.
Refunds etc. where work done otherwise than at expense of street works authority.
Provisions as to private street in area of more than one street works authority.
Acquisition of land between improvement line and boundary of street.
Acquisition of land for mitigating adverse effects of constructing or improving highway.
Saving for Coast Protection Act 1949.
Agreements as to use of land near highways.
Provisions relating to objections to compulsory purchase orders.
Clearance of title to land acquired for statutory purposes.
Power to confirm, etc., compulsory purchase order in part and postpone consideration of remainder.
Vesting of drains etc. of certain roads.
References to functions of council as respects any highway.
Widening of carriageway not to cease to be improvement by reason of diminution etc. of footway.
Contribution towards maintenance of bridge where road ceases to be a trunk road.
Transitional provisions, amendments and repeals.
Power to require angles of new buildings at corners of streets to be rounded off.
Royal Parks or highways in London affected by proposals relating to the other.
Penalty for obstructing execution of Act.
Construction of certain enactments relating to execution of works by statutory undertakers.
Construction of certain enactments relating to execution of works by statutory undertakers.
General provision as to trunk roads.
Compulsory powers for creation of footpaths , bridleways and restricted byways.
Cycle tracks.
Exemptions
Orders and schemes providing for construction of bridges over or tunnels under navigable waters.
Provision etc. of services and amenities by councils.
Application for a public path extinguishment order.
Acquisition of land between improvement line and boundary of street.
Application for a public path diversion order.
Diversion of certain highways for purposes of crime prevention, etc.
Power of landowner affected by rights acquisition to compel acquisition of whole interest.
Vesting of highways maintainable at public expense.
Regulations with respect to applications for orders.
Section 130B: costs.
Penalty for damaging highway etc.
Transfer of employees upon a highway becoming or ceasing to be a GLA road.
Liability of certain persons in respect of materials left on highway.
Consent of highway authority required for trunk road access
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Determination of liability for, and amount of, payments.
Appeal to Minister under private street works code.
Acquisition of land in connection with construction, improvement etc. of highway: further general powers.
Acquisition of land for mitigating adverse effects of constructing or improving highway.
Application to Isles of Scilly.
Power of landowner affected by rights acquisition to compel acquisition of whole interest.
Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Advances for highway purposes.
Saving for minerals etc.
Application to Isles of Scilly.
Power of Minister and Greater London Council to execute in Greater London road improvements not involving widening.
Royal Parks or highways in London affected by proposals relating to the other.
Provisions as to inquiries.
References to functions of council as respects any highway.
105ZA
- (1) In this Part —
- “Annex” means an Annex to the Directive;
- “the consultation bodies” means—any principal council (within the meaning given in section 270(1) of the Local Government Act 1972) in whose area the project is to be carried out;where the project is to be carried out on land situated in England—the Historic Buildings and Monuments Commission for England, the Environment Agency and Natural England, andthe Natural Resources Body for Wales and the Welsh Ministers where, in the opinion of the project authority, the land is sufficiently near to Wales to be of interest to them;where the project is to be carried out on land situated in Wales—the Natural Resources Body for Wales, andan organisation referred to in paragraph (b)(i) where, in the opinion of the Welsh Ministers, the land is sufficiently near to England to be of interest to that organisation;any other public authority which has environmental responsibilities and which the project authority considers is likely to have an interest in the project;any body with local or regional competencies and which the project authority or Welsh Ministers considers is likely to have an interest in the project;
- “the Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment;
- “the environment” means—population and human health,biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom which implemented—Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds,land, soil, water, air and climate,material assets, cultural heritage and the landscape, andthe interaction between the factors referred to in paragraphs (a) to (d).
- “environmental impact assessment”, in relation to a project, means the process comprising—the preparation of an environmental statement,the carrying out of consultations about the likely significant effects of the project on the environment,the consideration of the environmental statement and other information about the likely significant effects of the project on the environment,the reaching of a reasoned conclusion about the significant effects of the project on the environment, andthe consideration of the reasoned conclusion when deciding whether to proceed with the project;
- “environmental assessment” means an assessment of the effect of anything on the environment if the assessment is carried out under— assimilated law, orany other law of any part of the United Kingdom, other than any law which implemented the Directive;
- “member of the public” includes a body of persons corporate or unincorporate;
- “official website” means a website maintained by or on behalf of the project authority;
- “project authority” has the meaning given in section 105A(2);
- “public authority” means a person on whom functions are conferred by or under an enactment (including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament);
- “relevant project” has the meaning given in subsection (2);
- “sensitive area” means—a site of special scientific interest (within the meaning given in section 52 of the Wildlife and Countryside Act 1981),any land adjacent to such an area that is notified to the local planning authority in accordance with paragraph (q)(ii) in the Table in Schedule 4 to the Town and Country Planning (General Development Management Procedure) (Wales) Order 2012,a National Park within the meaning of the National Parks and Access to the Countryside Act 1949,an area of outstanding natural beauty designated as such under section 82 of the Countryside and Rights of Way Act 2000,the Broads as defined in the Norfolk and Suffolk Broads Act 1988,a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage,a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 or the Historic Environment (Wales) Act 2023, ora European site within the meaning of the Conservation of Habitats and Species Regulations 2010 (see regulation 8).
- (1A) In this Part, references to provisions of the Directive are to be read as if—
- (a) in Annex III—
- (i) in point 2(c)(v), the reference to Member States were a reference to the Secretary of State;
- (ii) in point 2(c)(vi), the reference to Union legislation were a reference to assimilated law;
- (b) in Annex IV—
- (i) in the text following point 5(g), the words “established at Union or Member State level” were omitted;
- (ii) in point 8 the following were substituted for the second sentence—
Relevant information available and obtained through risk assessments pursuant to assimilated law, such as any law of any part of the United Kingdom which implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom, or relevant assessments undertaken under other domestic legislation may be used for this purpose provided that the requirements of any law of any part of the United Kingdom which implemented this Directive are met.
- (2) A project is a “relevant project” if the area of the completed works together with any area occupied during the period of construction or improvement by requisite apparatus, equipment, machinery, materials, plant, spoil heaps or other such facilities exceeds 1 hectare or if it, or any part of it, is situated in a sensitive area.
- (3) For the purposes of this Part, the effects of a project on the environment include—
- (a) any effects on the environment which arise (directly or indirectly) from the operation of the project;
- (b) any expected effects on the environment which derive (directly or indirectly) from the vulnerability of the project to the risks of major accidents or disasters.
- (4) References to the adverse, likely or significant effects of a project on the environment are to be read accordingly.
- (5) Publication by the project authority for the purposes of this Part is to be—
- (a) in the London Gazette,
- (b) in at least one local newspaper circulating in the area in which the project for the construction or improvement of the highway is proposed to be situated, and
- (c) on an official website.
105AA
- (1) A project to which subsection (2) applies is to be treated in the same way as a project that the project authority considers is not of a type specified in Annex I or Annex II.
- (2) This subsection applies to a project if—
- (a) the Secretary of State directs that the project is a defence project, or
- (b) the project authority determines that—
- (i) the project is a civil emergency project, or
- (ii) the exemption in subsection (6) applies to the project.
- (3) The Secretary of State may direct that a project is a defence project only if satisfied that—
- (a) the project has national defence as its sole purpose, and
- (b) carrying out an environmental impact assessment would have an adverse effect on the fulfilment of that purpose.
- (4) The Secretary of State must send a copy of any direction given under subsection (3)—
- (a) to the Welsh Ministers, if the Welsh Ministers are the highway authority for the highway to which the project relates;
- (b) to the strategic highways company, if the company is the highway authority for the highway to which the project relates.
- (5) A project authority may determine that a project is a civil emergency project only if satisfied that—
- (a) the project has the response to a civil emergency as its sole purpose, and
- (b) carrying out an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose.
- (6) A project authority may determine that this subsection applies to a project only if satisfied that—
- (a) it is appropriate to do so by reason of exceptional circumstances,
- (b) carrying out an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of the purpose of the project,
- (c) the objectives of the Directive will be met even though such an assessment is not carried out, and
- (d) the project is unlikely to have significant effects on the environment in an EEA state .
- (7) Before making a determination under subsection (6), the project authority must consider whether another form of assessment of the effects of the project on the environment would be appropriate.
105AB
- (1) The project authority must publish a notice of—
- (a) any determination that the exemption in section 105AA(6) applies to a project;
- (b) any determination that a relevant project of a type specified in Annex II should not be made subject to an environmental impact assessment.
- (2) A notice under subsection (1)(a) must—
- (a) state the reasons for the determination, and
- (b) state whether another form of assessment of the effects of the project on the environment is considered appropriate.
- (3) A notice under subsection (1)(b) must—
- (a) state the reasons for the determination with reference to the relevant selection criteria set out in Annex III, and
- (b) include a description of any features of the project, or other measures, which are proposed by the authority to avoid or prevent significant adverse effects on the environment.
- (4) If the project authority publishes a notice under subsection (1)(a), the project authority must publish the results of any other assessment considered appropriate for the purposes of section 105AA(7).
105BA
- (1) Where in order to proceed with the construction or improvement in relation to which an environmental statement has been made it is necessary for the project authority to make—
- (a) an order or scheme to which Schedule 1 to this Act applies, or
- (b) a compulsory purchase order in the exercise of highway land acquisition powers,
the project authority must, so far as is practicable to do so, take the steps required of it by this Part of this Act concurrently with the corresponding steps required of it by Schedule 1 to this Act or the Acquisition of Land Act 1981 (as the case may be) in connection with the making of the related instruments.
- (2) Where, in respect of a project, there is a requirement to carry out—
- (a) an environmental impact assessment, and
- (b) an assessment under regulation 61 of the Conservation of Habitats and Species Regulations 2010,
the project authority must, so far as is practicable to do so, ensure that the assessments are co-ordinated.
Conclusion about environmental impact of a project for constructing or improving a highway
105CA
- (1) Before deciding whether or not to proceed with a project for which notice of an environmental statement is published in accordance with section 105B, the project authority—
- (a) must consider the matters specified in subsection (2), and
- (b) following that consideration, must reach a reasoned conclusion about the significant effects of the proposed construction or improvement on the environment.
- (2) The specified matters are—
- (a) the environmental statement,
- (b) any relevant opinion received by the project authority on the project or the statement,
- (c) where an EEA State indicates under section 105C that it wishes to participate in the procedure required by this Part of this Act, any relevant EEA opinion received by the project authority on the project or the statement,
- (d) any features of the project, or measures, envisaged to avoid, prevent or reduce, and if possible, offset any likely significant adverse effects of the project on the environment, and
- (e) any other information of a description specified in Annex IV which is directly relevant to the conclusion to be reached on the environmental impact of the project.
- (3) For the purposes of subsection (2)(b), an opinion on a project or an environmental statement is a relevant opinion if—
- (a) it is expressed in writing by a consultation body or any other person, and
- (b) it is received by the project authority within the period specified for the purpose by the authority.
- (4) For the purposes of subsection (2)(c), an opinion on a project or an environmental statement is a relevant EEA opinion if—
- (a) it is expressed in writing by—
- (i) the EEA State,
- (ii) a member of the public in the EEA State, or
- (iii) an authority having environmental responsibilities designated by the EEA State to be consulted about the project under Article 6(1) of the Directive, and
- (b) it is received by the project authority within the period specified for the purpose by the project authority.
- (5) The period specified for the purposes of subsection (3)(b) or subsection (4)(b) must not be less than 42 days beginning with the day on which the notice of the environmental statement is published in accordance with section 105B(2)(b).
- (6) The project authority must obtain such expert advice as appears to the authority to be necessary for the purposes of considering the environmental statement.
105CB
- (1) When deciding whether or not to proceed with a project for which notice of an environmental statement is published in accordance with section 105B, the project authority—
- (a) must take into account its reasoned conclusion under section 105CA(1)(b), and
- (b) must consider whether to make provision for monitoring significant adverse effects of the construction or the improvement on the environment.
- (2) The project authority may decide to proceed with the project only if satisfied that the reasoned conclusion is up to date.
- (3) The project authority may make provision for monitoring significant adverse effects on the environment only if satisfied that the type of parameters which will be required to be monitored and the duration of such monitoring are proportionate having regard to—
- (a) the nature, location and size of the project, and
- (b) the significance of the effects of the project on the environment.
- (4) If the project authority decides to proceed with the project, it must implement any relevant feature or other measure envisaged to avoid, prevent or reduce, and if possible, offset any significant adverse effects of the project on the environment.
- (5) For the purposes of subsection (4) a feature of a project or other measure is relevant if it was taken into account by the project authority in reaching the reasoned conclusion required under section 105CA(1)(b).
105CC
The project authority must—
- (a) reach the reasoned conclusion required by section 105CA(1)(b), and
- (b) decide whether or not to proceed with the relevant construction or improvement,
within a reasonable period of time (having regard to the nature and complexity of the project) beginning on the day on which the authority begins the consideration required by section 105CA(1)(a).
105CD
- (1) When the project authority has decided whether or not to proceed with the construction or improvement subject to an environmental impact assessment, it must—
- (a) publish its reasoned conclusion under section 105CA(1)(b),
- (b) publish its decision and a decision statement, and
- (c) if an EEA State has been consulted in accordance with section 105C(4), inform the EEA State of the decision and give the EEA State a copy of the decision statement.
- (2) A decision statement must—
- (a) confirm that the project authority has complied with the requirements of this Part of this Act,
- (b) include a summary of the reasoned conclusion under section 105CA(1)(b),
- (c) include a summary of the decision and any conditions attached to the decision,
- (d) state the main reasons and considerations on which the decision is based, and
- (e) include a summary of the consultations carried out under this Part of this Act, the results of those consultations and how those consultations have been taken into account in the conclusion and decision,
- (f) where the authority’s decision is to proceed with the project, describe the right under section 105D(1) to challenge the validity of the decision.
Application for a public path extinguishment order.
Stopping up of certain highways for purposes of crime prevention, etc.
Application for a public path diversion order.
Diversion of certain highways for purposes of crime prevention, etc.
Provisions supplementary to section 119D.
Supplementary provisions as to public path extinguishment and diversion orders.
Further powers to stop up private access to premises.
Section 130B: costs.
Penalty for damaging highway etc.
Temporary diversion for dangerous works: supplementary.
Consent of highway authority required for trunk road access
Determination of liability for, and amount of, payments.
Agreements as to use of land near highways.
Acquisition of land in connection with construction, improvement etc. of highway: further general powers.
Clearance of title to land acquired for statutory purposes.
General provision as to acquisition procedure etc.
Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.
Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.
Vesting of highways maintainable at public expense.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Transfer of employees upon a highway becoming or ceasing to be a GLA road.
Advances for highway purposes.
Provisions as to inquiries.
Provisions as to inquiries.
Provisions supplementary to section 106.
Orders and schemes providing for construction of bridges over or tunnels under navigable waters.
Provisions supplementary to section 106.
Interpretation of Part VI.
Application for a public path extinguishment order.
Application for a public path diversion order.
Diversion of certain highways for purposes of crime prevention, etc.
Provisions supplementary to section 119D.
Supplementary provisions as to public path extinguishment and diversion orders.
Regulations with respect to applications for orders.
Further powers to stop up private access to premises.
Penalty for damaging highway etc.
Temporary diversion for dangerous works: supplementary.
Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway
Determination of liability for, and amount of, payments.
Acquisition of land for mitigating adverse effects of constructing or improving highway.
Acquisition of land in connection with construction, improvement etc. of highway: further general powers.
Acquisition of land for mitigating adverse effects of constructing or improving highway.
Vesting of highways maintainable at public expense.
Power of landowner affected by rights acquisition to compel acquisition of whole interest.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Assumptions to be made in assessing compensation on certain compulsory acquisitions of land for service stations etc. and lorry areas for special roads.
Advances for highway purposes.
Contributions by county councils to expenses of district councils under section 96.
Contribution towards maintenance of bridge where road ceases to be a trunk road.
Royal Parks or highways in London affected by proposals relating to the other.
Provisions as to private street in area of more than one street works authority.
Provisions relating to objections to compulsory purchase orders.
Vesting of drains etc. of certain roads.
Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Advances for highway purposes.
Advances for highway purposes.
Contributions to land drainage works which will benefit trunk roads.
Transfer of employees upon a highway becoming or ceasing to be a GLA road.
Royal Parks or highways in London affected by proposals relating to the other.
References to functions of council as respects any highway.
References to functions of council as respects any highway.
Transitional provisions, amendments and repeals.
Transitional provisions, amendments and repeals.
96A
- (1) A local highway authority in England must consult members of the public before felling a tree on an urban road (a “street tree”).
- (2) A local highway authority must have regard to any guidance given by the Secretary of State to local highway authorities about how to discharge the duty under subsection (1).
- (3) The duty under subsection (1) does not apply in a case where—
- (a) the street tree has a diameter not exceeding 8 centimetres (measured over the bark, at a point 1.3 metres above ground level),
- (b) the authority considers that the street tree is dead,
- (c) the authority considers that the street tree is required to be felled—
- (i) by virtue of an order under the Plant Health Act 1967, or
- (ii) under any enactment on the basis that the tree is dangerous,
- (d) the authority considers that the street tree is required to be felled in order to comply with—
- (i) a duty to make reasonable adjustments in the Equality Act 2010 because the tree is causing an obstruction (see section 20 of that Act), or
- (ii) a duty in section 29 of that Act (prohibitions on discrimination etc in the provision of services) because the tree is causing an obstruction, or
- (e) the felling of the street tree is required for the purpose of carrying out development authorised by—
- (i) planning permission granted under section 70, 73, 76D, 77 or 79 or, in relation to England, under Part 13 of the Town and Country Planning Act 1990, or
- (ii) outline planning permission granted under section 92 of that Act.
- (4) In subsection (1) “urban road” means a highway, other than a trunk road or classified road, which—
- (a) is a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984 (30 miles per hour speed limit),
- (b) is subject to an order made by virtue of section 84(1)(a) of that Act imposing a speed limit not exceeding 40 miles per hour, or
- (c) is otherwise a street in an urban area.
Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
Contributions to land drainage works which will benefit trunk roads.
Power of Minister and Greater London Council to execute in Greater London road improvements not involving widening.
Power of Minister and Greater London Council to execute in Greater London road improvements not involving widening.
Royal Parks or highways in London affected by proposals relating to the other.
Provisions as to inquiries.
Construction of certain enactments relating to execution of works by statutory undertakers.
Saving for minerals etc.
Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.
Contributions to land drainage works which will benefit trunk roads.
Agreements as to execution of works.
Provisions as to inquiries.
Construction of certain enactments relating to execution of works by statutory undertakers.
Saving for minerals etc.
Compensation for loss caused by public path creation order.
Evidence of dedication of way as highway.
Person liable to maintain highway may agree to maintain publicly maintainable highway.
Diversion of footpaths, bridleways and restricted byways crossing railways.
Application by proprietor of school for special diversion order.
Exercise of powers of making public path extinguishment and diversion orders.
Supplementary provisions as to public path extinguishment and diversion orders.
Register of applications.
Provisions supplementary to sections 124 and 125 etc.
Regulations under sections 171A and 171B
Provisions as to private street in area of more than one street works authority.
Clearance of title to land acquired for statutory purposes.
Assumptions to be made in assessing compensation on certain compulsory acquisitions of land for service stations etc. and lorry areas for special roads.
Transfer to local highway authorities of privately maintainable bridges carrying special roads.
Contributions by county councils to expenses of district councils under section 96.
Borrowing power of councils.
281B
- (1) The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to highway authorities by prescribed public authorities, in relation to the provision of relevant services.
- (2) A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to a highway authority, in connection with—
- (a) an order made, or proposed to be made, under Part 2, 6 or 12, or
- (b) any other prescribed matter relating to any of those Parts.
- (3) The regulations under subsection (1) may, in particular, make provision—
- (a) about when a fee (including a supplementary fee) may, and may not, be charged;
- (b) about the amount which may be charged;
- (c) about what may, and may not, be taken into account in calculating the amount charged;
- (d) about which highway authority is liable to pay a fee charged;
- (e) about when a fee charged is payable;
- (f) about the recovery of fees charged;
- (g) about waiver, reduction or repayment of fees;
- (h) about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);
- (i) for the supply of information for any purpose of the regulations;
- (j) conferring a function, including a function involving the exercise of a discretion, on any person.
- (4) A prescribed public authority must have regard to—
- (a) any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;
- (b) any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.
- (5) Regulations under this section may make—
- (a) different provision for different purposes or areas;
- (b) incidental, consequential, supplementary, transitional or transitory provision or savings.
- (6) In this section—
- “appropriate national authority” means—in relation to England, the Secretary of State, andin relation to Wales, the Welsh Ministers;
- “prescribed” means prescribed by regulations made by the appropriate national authority under this section;
- “public authority” means any person certain of whose functions are of a public nature.
Power to require angles of new buildings at corners of streets to be rounded off.
Royal Parks or highways in London affected by proposals relating to the other.
Construction of certain enactments relating to execution of works by statutory undertakers.
1A
Where an order under section 10 of this Act is submitted to the Secretary of State by a strategic highways company, that company must publish, in the manner specified in paragraph 1, the notice there referred to; and that paragraph has effect in relation to the notice as if, for the references to the draft order and the making of the order, there were substituted references to the order as submitted to the Secretary of State and the confirmation of the order respectively.
19A
On making or confirming an order or scheme in accordance with this Schedule, the Secretary of State must publish on a government website—
- (a) notice of the making or confirmation of the order or scheme,
- (b) if the order or scheme was made with modifications, a summary of those modifications, and
- (c) either—
- (i) a copy of the order or scheme, together with any maps or plans referred to in it, or
- (ii) an explanation of where and how that documentation can be inspected.
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