Highways Act 1980

• (1) Subject to subsection (6) below no person shall, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, erect or retain on or over a highway any scaffolding or other structure which obstructs the highway (hereafter in this section referred to as a “relevant structure”) unless he is authorised to do so by a licence in writing issued for the purposes of this section by the highway authority (hereafter in this section referred to as “a licence”) and complies with the terms of the licence; and a licence may contain such terms as the authority issuing it thinks fit.

• (2) If a person applies to a highway authority for a licence in respect of any relevant structure and furnishes the authority with such particulars in connection with the structure as the authority reasonably demand, it is the duty of the authority to issue a licence to him in respect of the structure unless the authority consider—

• (a) that the structure would cause unreasonable obstruction of a highway; or

• (b) that a relevant structure erected otherwise than as proposed by the applicant would cause less obstruction of a highway than the structure proposed by him and could conveniently be used for the work in question.

• (3) If on an application for a licence in connection with a highway the highway authority refuse to issue a licence or issue a licence containing terms to which the applicant objects, the applicant may appeal to a magistrates’ court against the refusal or terms; and on such an appeal the court may—

• (a) in the case of an appeal against a refusal, direct the highway authority to issue a licence in pursuance of the application;

• (b) in the case of an appeal against the terms of the licence, alter the terms.

• (4) Subject to subsection (6) below, it is the duty of a person to whom a licence is issued by a highway authority in respect of a relevant structure—

• (a) to ensure that the structure is adequately lit at all times between half an hour after sunset and half an hour before sunrise;

• (b) to comply with any directions given to him in writing by the authority with respect to the erection and maintenance of traffic signs in connection with the structure; and

• (c) to do such things in connection with the structure as any statutory undertakers reasonably request him to do for the purpose of protecting or giving access to any apparatus belonging to or used or maintained by the undertakers.

In this subsection and in section 171(2) below “statutory undertakers” means any of the following, namely, any body who are statutory undertakers within the meaning provided by section 329(1) below, any universal service provider in connection with the provision of a universal postal service, . . . . . . any licensee under a street works licenceand the operator of an electronic communications code networkor a driver information network.

• (5) A person who contravenes the provisions of subsection (1) above otherwise than by failing to comply with the terms of a licence or who fails without reasonable excuse to comply with the terms of a licence or to perform a duty imposed on him by subsection (4) above, is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale.

• (6) Nothing in the preceding provisions of this section applies to a relevant structure erected before 14th February 1977 or erected or retained by the British Railways Board, Canal & River Trust or Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) in the exercise of powers conferred on the body in question by any enactment; and nothing in paragraph (a) or (b) of subsection (4) above applies to a relevant structure if no part of it is less than 18 inches in a horizontal direction from a carriageway of the relevant highway and no part of it over a footway of the relevant highway is less than 8 feet in a vertical direction above the footway.

• (7) No civil or criminal proceedings lie in respect of any obstruction of a highway which is caused by a relevant structure if the structure is on or over the highway in accordance with a licence and the person to whom the licence is issued performs the duties imposed on him in respect of the structure by subsection (4) above; and a highway authority by whom a licence is issued do not incur any liability by reason of the issue of the licence.

Control of mixing of mortar etc. on highways

170

• (1) Subject to subsection (2) below, a person who mixes or deposits on a highway any mortar or cement or any other substance which is likely to stick to the surface of the highway or which, if it enters drains or sewers connected with the highway, is likely to solidify in the drains or sewers is guilty of an offence and liable to a fine not exceeding level 4 on the standard scale.

• (2) Nothing in subsection (1) above applies to any mixing or deposit—

• (a) in a receptacle or on a plate which prevents the substance in question from coming into contact with the highway and from entering any drains and sewers connected with the highway;

• (b) by the highway authority or a local authority in connection with the maintenance or alteration of the highway or a bridge over which or a tunnel through which the highway passes;

• (c) by a body having a duty under an enactment to maintain—

• (i) a bridge over which or a tunnel through which the highway passes, or

• (ii) works or materials supporting or protecting the highway where it forms part of the approaches to such a bridge or tunnel,

if the mixing or deposit is in connection with the maintenance or alteration of the bridge, tunnel, works or materials;

• (d) by statutory undertakers in connection with apparatus in or the placing of apparatus in the highway;

• (e) by any licensee under a street works licence if the mixing or deposit cannot reasonably be done elsewhere than on the highway.

• (3) In subsection (2) above—

• “local authority” means any of the following, namely, the council of a county, district or London borough, . . . the Common Council and the Council of the Isles of Scilly; and

• “statutory undertakers” means any of the following, namely, any body who are statutory undertakers within the meaning provided by section 329(1) below, any universal service provider in connection with the provision of a universal postal service. . . . . . and the operator of an electronic communications code networkor a driver information network.

Control of deposit of building materials and making of excavations in streets

171

• (1) A person may, with the consent of the highway authority for a street that is a highway maintainable at the public expense, temporarily deposit building materials, rubbish or other things in the street or make a temporary excavation in it.

• (2) A highway authority may give their consent under subsection (1) above subject to such conditions as they think fit including in particular, without prejudice to the generality of the foregoing, conditions for preventing damage or ensuring access to apparatus of statutory undertakers.

In this subsection “statutory undertakers” has the meaning provided by section 169(4) above.

• (3) A person aggrieved by the refusal of consent under subsection (1) above, and a person to whom such a consent is given subject to conditions, may appeal to a magistrates’ court against the refusal or, as the case may be, the conditions.

• (4) It is the duty of a person who makes such a deposit or excavation as is mentioned in subsection (1) above to comply with any directions given to him in writing by the highway authority with respect to the erection and maintenance of traffic signs in connection with the deposit or excavation.

• (5) Where a person places any building materials, rubbish or other thing in, or makes an excavation in, a street he shall—

• (a) cause the obstruction or excavation to be properly fenced and during the hours of darkness to be properly lighted, and

• (b) if required so to do by the highway authority for the street or, in the case of a street that is not a highway, by the local authority in whose area the street is situated, remove the obstruction or, as the case may be, fill in the excavation;

and in any case he shall not allow the obstruction or excavation to remain in the street longer than is necessary.

• (6) A person who—

• (a) without reasonable excuse contravenes any condition subject to which a consent is given to him under subsection (1) above, or

• (b) without reasonable excuse fails to perform the duty imposed on him by subsection (4) above, or

• (c) fails to perform a duty imposed on him by subsection (5) above,

is guilty of an offence and liable to a fine not exceeding £10 in respect of each day on which the contravention or failure occurs.

The liability of any person to a fine under this subsection by virtue of paragraph (b) or (c) above is without prejudice to any other liability to which he may be subject apart from this subsection.

• (7) Where an offence under this section by virtue of subsection (6)(c) above is committed in a street, the highway authority for the street or, in the case of a street that is not a highway, the local authority in whose area the street is situated, may remove the obstruction or, as the case may be, fill in the excavation and recover the expenses reasonably incurred by them in so doing from the person convicted of the offence.

Hoardings to be set up during building etc.

172

• (1) Subject to subsection (2) below, a person proposing to erect or take down a building in a street or court, or to alter or repair the outside of a building in a street or court, shall, before beginning the work, erect a close boarded hoarding or fence to the satisfaction of the appropriate authority so as to separate the building from the street or court.

For the purposes of this section the appropriate authority, in relation to any street or court, is the council of the county , metropolitan district or London borough in which it is situated or, if it is situated in the City, the Common Council.

• (2) The obligation to erect a hoarding or fence imposed by subsection (1) above may be dispensed with if the appropriate authority so consent.

• (3) Where a person has erected a hoarding or fence in compliance with subsection (1) above, he shall—

• (a) if the appropriate authority so require, make a convenient covered platform and handrail to serve as a footway for pedestrians outside the hoarding or fence;

• (b) maintain the hoarding or fence and any such platform and handrail in good condition to the satisfaction of the authority during such time as the authority may require;

• (c) if the authority so require, sufficiently light the hoarding or fence and any such platform and handrail during the hours of darkness; and

• (d) remove the hoarding or fence and any such platform and handrail when required by the authority.

• (4) A person aggrieved by the refusal of a consent under subsection (2) above or by a requirement under subsection (3) above may appeal to a magistrates’ court.

• (5) Subject to any order made on appeal, if a person contravenes this section he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding £2 for each day on which the offence is so continued.

Hoardings to be securely erected

173

• (1) No person shall use for any purpose a hoarding or similar structure that is in, or adjoins, any street unless it is securely fixed to the satisfaction of the council who, in relation to that street, are the appropriate authority for the purposes of section 172 above.

• (2) If a person contravenes this section he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding £1 for each day on which the offence is so continued.

Precautions to be taken by persons executing works in streets

174

• (1) Where a person is executing works of any description in a street (other than street works within the meaning of Part III of the New Roads and Street Works Act 1991), he—

• (a) shall erect such barriers and traffic signs for preventing danger to traffic, for regulating traffic, and for warning traffic of danger, as may be necessary and remove them as soon as they cease to be needed for any of those purposes;

• (b) shall cause the works to be properly guarded and lighted during the hours of darkness; and

• (c) where the nature of the works so requires, shall cause any building adjoining the street to be shored up or otherwise protected.

• (1A) The Secretary of State may give guidance to ... highway authorities as to the discharge by them of their obligations under subsection (1)(a) and (b) where they are executing works for road purposes.

• (1B) A ... highway authority must in executing any works for road purposes have regard to any guidance given under subsection (1A).

• (1C) In subsections (1A) and (1B) “ works for road purposes ” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991.

• (2) Subject to subsection (3) below, if any person fails to satisfy an obligation to which he is subject by virtue of subsection (1) above he is guilty of an offence and, without prejudice to any other liability to which he may be subject apart from this subsection, is liable to a fine not exceeding £10 in respect of each day of such failure.

• (3) Where a person is subject to the same obligation by virtue of subsection (1) above and by virtue of some other enactment, then, without prejudice to section 18 of the Interpretation Act 1978 (offences under two or more laws), if a failure by him to satisfy that obligation is an offence under an enactment other than subsection (2) above, subsection (2) above does not apply in relation to a failure by him to satisfy that obligation.

• (4) If a person, without lawful authority or excuse,—

• (a) takes down, alters or removes any barrier, traffic sign, support or light erected or placed in pursuance of subsection (1) above or any fence, barrier, traffic sign or light erected or placed on or near a street in pursuance of any other enactment for the purpose of warning users of the street of any obstruction, whether caused by the execution of works in or near the street or otherwise, or of protecting them from danger arising out of such an obstruction, or

• (b) extinguishes any light so placed,

he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (5) For the purposes of section 312 below in its application to an offence under this section statutory undertakers and any universal service provider concerned in connection with the provision of a universal postal service are each to be deemed to be a person aggrieved.

Liability of certain persons in respect of materials left on highway

175

If—

• (a) any officer or servant of the highway authority for a highway, or

• (b) any officer or servant of a non-metropolitan district council maintaining a highway by virtue of section 42 or 50 above, or

• (c) a person liable to maintain a highway by reason of tenure, enclosure or prescription,

causes any heap of materials or any other object to be laid on the highway, he is, if he allows it to remain there at night to the danger of traffic without taking all reasonable precautions for the prevention of accidents, guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.

Miscellaneous

Restriction on construction of bridges over highways

176

• (1) The highway authority for a highway may grant to the owner or occupier of any premises adjoining the highway a licence to construct a bridge over the highway on such terms and conditions, and to use it for such period and on such terms and conditions, as the authority think fit.

• (2) No fine, rent or other sum of money, except a reasonable sum in respect of legal or other expenses, is payable in respect of a licence under this section.

• (3) A licence under this section shall not authorise any interference with the convenience of persons using the highway, or affect the rights of owners of premises adjoining the highway, or the rights of tramway, railway, dock, harbour or electricity undertakers.

• (4) It shall be a condition of every licence under this section that the person to whom it is granted is, at his own expense, to remove the bridge or alter it in such manner as the authority may require, if at any time they consider the removal or alteration necessary or desirable in connection with the carrying out of improvements to the highway.

The decision of the authority that the removal or alteration is necessary or desirable in that connection shall be final, and the condition shall be enforceable by the authority against the owner for the time being of the premises.

• (5) Subject to subsection (6) below, a person aggrieved by the refusal of an authority to grant a licence under this section or by the period for which the licence is granted or by a term or condition of the licence (other than the condition mentioned in subsection (4) above) may appeal to the Crown Court.

• (6) No appeal lies under subsection (5) above against any term or condition of a licence granted by the Minister under this section if he declares the term or condition to be necessary for the purpose of securing the safety of persons using the highway or of preventing interference with traffic on it.

• (7) If a person, except in the exercise of statutory powers—

• (a) constructs a bridge over a highway without a licence under this section, or

• (b) constructs or uses a bridge otherwise than in accordance with the terms and conditions of such a licence, or

• (c) fails to remove or alter a bridge when required to do so in accordance with any condition of the licence or within one month from the date of the expiration of the licence,

he is guilty of an offence and is liable to a fine not exceeding level 2 on the standard scale, and if the offence is continued after conviction he is guilty of a further offence and is liable to a fine not exceeding £5 for each day on which the offence is so continued.

• (8) In this section “bridge” means a structure the sole purpose of which is to provide a way over a highway.

Restriction on construction of buildings over highways

177

• (1) No person shall—

• (a) except in the exercise of statutory powers, construct a building over any part of a highway maintainable at the public expense (whether it is intended to span the highway or not), or alter a building so constructed, without a licence granted under this section by the highway authority for that highway or otherwise than in accordance with the terms and conditions of a licence so granted;

• (b) use a building so constructed or altered in pursuance of a licence so granted otherwise than in accordance with the terms and conditions thereof:

and any person who contravenes any provision of this subsection is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale; and if the offence is continued after conviction, he is guilty of a further offence and liable to a fine not exceeding £50 for each day on which the offence is so continued.

• (2) Subject to subsections (3) and (4) below, a licence under this section may contain such terms and conditions, including terms and conditions with respect to the construction (including the headway over the highway), maintenance, lighting and use of the building, as the highway authority think fit; and, any such term or condition is binding on the successor in title to every owner, and every lessee and occupier, of the building.

• (3) No fine, rent or other sum of money is payable in respect of a licence granted under this section except—

• (a) a reasonable sum in respect of legal or other expenses incurred in connection with the grant of the licence; and

• (b) an annual charge of a reasonable amount for administering the licence;

and any sum payable by virtue of paragraph (a) above is recoverable from the applicant for the licence and any sum payable by virtue of paragraph (b) above is recoverable from the owner of the building.

• (4) No such licence shall authorise any interference with the convenience of persons using the highway, or affect the rights of the owners of premises adjoining the highway, or the rights of statutory undertakers or the operator of an electronic communications code networkor a driver information network.

• (5) Where a licence under this section makes provision for the execution of any works or the provision of any facilities which in the opinion of the highway authority require to be executed or provided by them in connection with the building or its construction or alteration, the authority may execute those works or, as the case may be, provide those facilities and may recover the expenses reasonably incurred by them in so doing from the licensee or from the owner of the building.

• (6) A person aggrieved by the refusal of a highway authority to grant a licence under this section or by a term or condition of the licence may appeal to the Crown Court, except that no such appeal lies—

• (a) if the land on which the highway in question is situated is owned by the highway authority, or

• (b) against any term or condition which the highway authority declare to be necessary for the purpose of securing the safety of persons using the highway or of preventing interference with traffic thereon.

• (7) Where a person has constructed or altered a building for the construction, or, as the case may be, alteration, of which a licence is required by this section without such a licence or otherwise than in accordance with the terms and conditions of the licence, the highway authority may by notice served on the licensee or the owner of the building require him to demolish the building within such time as may be specified in the notice or, as the case may be, to make such alterations therein and within such time as may be so specified.

• (8) Where there has been a failure to comply with any terms or conditions of a licence under this section with respect to the maintenance or use of a building, the highway authority may by notice served on the licensee or the owner of the building require him to execute such works or take such steps as are necessary to secure compliance with those terms or conditions within such time as may be specified in the notice.

• (9) If a person on whom a notice is served under subsection (7) or (8) above fails to comply with the notice within the time specified in it, the highway authority may demolish the building or, as the case may be, execute such works or take such steps as are necessary to comply with the notice and may recover the expenses reasonably incurred by them in so doing from that person.

• (10) Where by virtue of subsection (9) above a highway authority demolish a building, they may dispose of the materials resulting from the demolition.

• (11) In relation to any prohibition or restriction on the use of a building imposed by the Minister by virtue of any term or condition contained in a licence granted by him under this section, section 1(1)(c) of the Local Land Charges Act 1975 has effect as if the references to the date of the commencement of that Act were references to 1st November 1971.

• (12) Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply, for the purposes of works authorised or required by a licence under this section to be executed, to the licensee.

• (13) This section does not apply to a building which constitutes a bridge within the meaning of section 176 above, but subject to that in this section “building” includes any structure and any part of a building.

• (14) Where the land on which a highway is situated is owned by the highway authority, nothing in subsection (3) above is to be taken as affecting the rights of that authority as the owner of that land to sell or lease the air-space above the surface of that land or grant any rights in relation to it.

Restriction on placing rails, beams etc. over highways

178

• (1) No person shall fix or place any overhead beam, rail, pipe, cable, wire or other similar apparatus over, along or across a highway without the consent of the highway authority for the highway, and the highway authority may attach to their consent such reasonable terms and conditions as they think fit.

• (2) Subject to subsection (3) below, a person aggrieved by the refusal of a consent under subsection (1) above, or by any terms or conditions attached to such a consent, may appeal to a magistrates’ court.

• (3) No appeal lies under subsection (2) above against any term or condition attached by the Minister to a consent given by him under this section if he declares the term or condition to be necessary for the purpose of securing the safety of persons using the highway to which the consent relates or of preventing interference with traffic on it.

• (4) If a person contravenes subsection (1) above, or the terms or conditions of any consent given under that subsection, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding £1 for each day on which the offence is so continued.

• (5) This section does not apply to any works or apparatus belonging to any statutory undertakers, and for this purpose the Civil Aviation Authority , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), and a universal service provider in connection with the provision of a universal postal service and the operator of an electronic communications code networkor a driver information network are to be deemed to be statutory undertakers.

Control of construction of cellars etc. under street

179

• (1) No person shall construct works to which this section applies under any part of a street without the consent of the appropriate authority, and the authority may by notice served on a person who has constructed such works in contravention of this section require him to remove them, or to alter or deal with them in such a manner as may be specified in the notice.

For the purposes of this section the appropriate authority is—

• (i) in relation to a street outside Greater London which is a highway, the highway authority for the street; and

• (ii) in relation to any other street, the local authority in whose area the street is situated.

• (2) A person aggrieved by the refusal of a consent, or by a requirement of a notice, under subsection (1) above may appeal to a magistrates’ court.

• (3) A person who constructs works to which this section applies in contravention of this section is guilty of an offence and is liable to a fine not exceeding level 1 on the standard scale; and, subject to any order made on appeal, if he fails to comply with a requirement of a notice served on him under subsection (1) above he is guilty of a further offence and is liable to a fine not exceeding £2 for each day during which the failure continues.

• (4) The appropriate authority may also cause works to which this section applies constructed in contravention of this section to be removed, altered or otherwise dealt with as they think fit, and may recover the expenses reasonably incurred by them in so doing from the offender.

• (5) As soon as may be after an authority consent to the construction of works to which this section applies under a street they shall give notice of their consent to any public utility undertakers having any apparatus under the street.

• (6) Subject to subsection (7) below, the works to which this section applies are—

• (a) any part of a building; and

• (b) without prejudice to the generality of paragraph (a) above, a vault, arch or cellar, whether forming part of a building or not.

• (7) This section does not apply to street works within the meaning of Part III of the New Roads and Street Works Act 1991.

Control of openings into cellars etc. under streets, and pavement lights and ventilators

180

• (1) No person shall make an opening in the footway of a street as an entrance to a cellar or vault thereunder without the consent of the appropriate authority, and where an authority give consent under this subsection they shall require the person to whom the consent is given to provide a door or covering constructed in such manner and of such materials as they direct.

For the purposes of this section the appropriate authority is the same as for the purposes of section 179 above.

• (2) No person shall carry out any works in a street to provide means for the admission of air or light to premises situated under, or abutting on, the street without the consent of the local authority, and the local authority in giving any consent under this subsection may impose any requirement as to the construction of the works.

• (3) A person aggrieved by the refusal of a consent, or by a requirement, under subsection (1) above may appeal to a magistrates’ court and a person who applies for consent under subsection (2) above may appeal to such a court against a refusal of consent, or a requirement, under subsection (2).

• (4) Subject to any order made on appeal—

• (a) a person who—

• (i) makes an opening in the footway of a street in contravention of subsection (1) above, or

• (ii) fails to comply with a requirement made to him under that subsection,

is guilty of an offence and, without prejudice to any other liability to which he may be subject, liable to a fine not exceeding level 1 on the standard scale;

• (b) a person who—

• (i) carries out any works in contravention of subsection (2) above, or

• (ii) fails to comply with a requirement made to him under that subsection,

is guilty of an offence and, without prejudice to any other liability to which he may be subject, liable to a fine not exceeding level 1 on the standard scale.

• (5) As soon as may be after an authority give consent under either subsection (1) or subsection (2) above they shall give notice thereof to any public utility undertakers having any apparatus under the street.

• (6) The following, namely—

• (a) every vault, arch and cellar under a street,

• (b) every opening in the surface of any street into any such vault, arch or cellar,

• (c) every door or covering to any such opening,

• (d) every cellar-head, grating, light and coal hole in the surface of a street, and

• (e) all landings, flags or stones of the street by which any of the above are supported,

shall be kept in good condition and repair by the owner or occupier of the vault, arch or cellar, or of the premises to which it belongs.

• (7) If default is made in complying with subsection (6) above, the appropriate authority may, after the expiration of 24 hours from the service of a notice of their intention to do so on any person in default, cause any thing as respects which there has been such a default to be repaired or put into good condition, and may recover the expenses reasonably incurred by them in so doing from the owner or occupier thereof or of the premises to which it belongs.

Provisions relating to placing, etc. of certain apparatus in or under a highway

181

Supplementary provisions as to licences under section 181

182

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Appeal against certain decisions of local highway authority under section 181

183

Vehicle crossings over footways and verges

184

• (1) Where the occupier of any premises adjoining or having access to a highway maintainable at the public expense habitually takes or permits to be taken a mechanically propelled vehicle across a kerbed footway or a verge in the highway to or from those premises, the highway authority for the highway may, subject to subsection (2) below, serve a notice on the owner and the occupier of the premises—

• (a) stating that they propose to execute such works for the construction of a vehicle crossing over the footway or verge as may be specified in the notice; or

• (b) imposing such reasonable conditions on the use of the footway or verge as a crossing as may be so specified.

• (2) A highway authority is not entitled by virtue of subsection (1) above to construct a vehicle crossing on, or on any part of, the site of a made-up vehicle crossing which has been constructed either under this section or under section 40 of the Highways Act 1971 (which this section replaces) or before the commencement of the said section 40, or to impose conditions on the use of such a crossing.

• (3) Where any land is being, or is to be, developed in accordance with a planning permission granted, or deemed to have been granted, under the Town and Country Planning Act 1990, and it appears to the highway authority for a highway maintainable at the public expense that the development makes it necessary—

• (a) to construct a crossing over a kerbed footway or a verge in the highway so as to provide an access for mechanically propelled vehicles to or from the carriageway of the highway from or to premises adjoining or having access to the highway; or

• (b) to improve or otherwise alter a made-up vehicle crossing that provides such an access as is mentioned in paragraph (a) above (whenever constructed),

that authority may serve on the owner and the occupier of the premises a notice stating that they propose to execute such works for the construction or, as the case may be, alteration of the crossing as may be specified in the notice.

• (4) Unless the development giving rise to a notice under subsection (3) above consists solely of the provision of a new means of access to or from a highway from or to premises, there may be specified in a notice under that subsection works for the construction as part of the vehicle crossing proposed to be constructed or altered, as the case may be, of acceleration and deceleration lanes.

• (5) In determining whether to exercise their powers under subsection (1) or (3) above, a highway authority shall have regard to the need to prevent damage to a footway or verge, and in determining the works to be specified in a notice under subsection (1)(a) or (3) an authority shall have regard to that and the following other matters, namely—

• (a) the need to ensure, so far as practicable, safe access to and egress from premises; and

• (b) the need to facilitate, so far as practicable, the passage of vehicular traffic in highways.

• (6) Schedule 14 to this Act has effect with respect to the making of objections to a notice under subsection (1) or (3) above and to the date on which such a notice becomes effective.

• (7) Where a notice under subsection (1)(a) or (3) above has become effective, the highway authority by whom the notice was served may execute such works as are specified in the notice, subject to such modifications (if any) as may have been made by the Minister, and may recover the expenses reasonably incurred by them in so doing from the owner or occupier of the premises in question.

• (8) A notice under subsection (1) or (3) above shall inform the person on whom it is served of his right to object to the notice and (except in the case of a notice under subsection (1)(b)) shall state the effect of subsection (7) above.

• (9) Where a person who is carrying out, or proposes to carry out, such a development as is referred to in subsection (3) above offers to execute the works specified in a notice under that subsection, the highway authority by whom the notice was served may authorise him to execute those works in accordance with plans approved by them.

. . .

• (10) If a person authorised under subsection (9) above to execute any works fails to execute them to the satisfaction of the highway authority before the development is completed, the authority may execute the works or alter the works executed by that person and recover the expenses reasonably incurred by them in so doing from him.

• (11) Any person may request the highway authority for a highway maintainable at the public expense to execute such works as are specified in the request for constructing a vehicle crossing over a footway or verge in the highway, and the authority may approve the request with or without modification, or may propose alternative works or reject the request; and in determining how to exercise their powers under this subsection an authority shall have regard to the matters mentioned in subsection (5) above.

• (12) An authority to whom a request under subsection (11) above is made shall notify the person making the request of their decision and if they approve, with or without modification, the works proposed in the request or propose alternative works, they shall supply him with a quotation of the cost of the works as approved or proposed by them, and he may, on depositing with them the amount quoted, require them to execute those works.

• (13) As soon as practicable after such a deposit has been made with an authority the authority shall execute the works as approved or proposed by them.

• (14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (15) The expenses recoverable under subsection (7) or (10) above and the cost of the works for the purposes of subsection (12) above include the cost of any measures needing to be taken in relation to undertaker’s apparatus, in accordance with section 84 of the New Roads and Street Works Act 1991, in consequence of the construction of the crossing.

• (16) Nothing in this section imposes on any person other than a highway authority any obligation to maintain a vehicle crossing.

• (17) If a person knowingly uses a footway or verge as a crossing in contravention of any condition imposed under subsection (1)(b) above, or knowingly permits it to be so used, he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

Power to install refuse or storage bins in streets

185

• (1) Subject to the provisions of this section, a competent authority may provide and maintain in or under a street orderly bins or other receptacles, of such dimensions and in such positions as the authority may determine, for the collection and temporary deposit of street refuse and waste paper, or the storage of sand, grit or other materials.

For the purposes of this section the following are competent authorities—

• (a) in relation to a street that is a highway, the highway authority for the highway and if different the local authority in whose area it is situated acting with the consent of the highway authority;

• (b) in relation to any other street, the local authority in whose area the street is situated.

• (2) An authority does not have power by virtue of this section to place a bin or other receptacle on a bridge over a railway, or under a bridge carrying a railway over a street, or within 10 feet of the abutments of a bridge carrying a railway over a street, except with the consent of the railway undertakers concerned.

• (3) An authority shall not exercise the power conferred by this section so as to obstruct or render less convenient the access to or exit from—

• (a) a station or goods yard belonging to railway undertakers; or

• (b) premises belonging to canal, inland navigation, dock, harbour, tramway, electricity, gas water or sewerage undertakers, or to a universal service provider in connection with the provision of a universal postal service, or to persons authorised by an enactment to carry on any other public undertaking, and used by those undertakers or persons for the purposes of their undertaking.

• (3A) For the purposes of subsection (3) above, the undertaking of a universal service provider shall be taken to be his undertaking so far as it relates to the provision of a universal postal service.

• (4) Nothing in this section is to be taken as empowering an authority to hinder the reasonable use of a street by the public or any person entitled to use it or as empowering an authority to create a nuisance to the owner or occupier of premises adjacent to a street.

Part X — . . .

New street byelaws

Power of county councils and London boroughs and the Common Council to make new street byelaws

186

Continuation of existing street to be a new street

187

Power to declare existing highway to be a new street

188

Revocation and amendment of orders under section 188

189

Power to relax byelaw requirements

190

Passing of plans deposited under byelaws

Passing or rejection of plans etc.

191

Deposit of plans to be of no effect after certain interval

192

Requirements and prohibitions as to new streets

Imposition of requirements as to width of new streets in certain cases,

193

Power to vary position or direction, and to fix beginning and end, of new street

194

Construction of bridge carrying new street

195

Power to allow widening of existing street on one side only to less than prescribed width

196

Enforcement of byelaws and requirements of local authority

Power to require removal or alteration of work not in conformity with byelaws

197

Fine for executing work otherwise than in accordance with conditions

198

Enforcement of conditions imposed by or under byelaws against owner

199

Provisions as to regulation of new streets by enactment

Application of certain sections where new streets regulated by enactment

200

Supplemental provisions

Right of local authority to retain deposited plans

201

Interpretation of Part X

202

Part XI — Making up of Private Streets

Introductory

Interpretation of Part XI

203

• (1) In this Part of this Act (and elsewhere in this Act) “the private street works code” means sections 205 to 218 below; and “the advance payments code” means sections 219 to 225 below.

• (2) In this Part of this Act “private street” means a street that is not a highway maintainable at the public expense, and—

• (a) includes any land that is deemed to be a private street by virtue of a declaration made under section 232 below, and

• (b) for the purpose of the application of the advance payments code or section 229 below in relation to any building, includes—

• (i) any land in Wales shown as a proposed street on plans deposited with respect to that building either under building regulations or on an application for planning permission under the Town and Country Planning Act 1990, and

• (ia) any land in England shown as a proposed street on plans with respect to that building which accompany an application for building control approval under building regulations or on an application for planning permission under the Town and Country Planning Act 1990,

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but the fact that a part of a street is a highway maintainable at the public expense does not prevent any other part of it from being a part of a private street for the purposes of this Part of this Act.

• (3) In this Part of this Act—

• “application for building control approval” means an application in accordance with building regulations for building control approval (as defined in paragraph 1B of Schedule 1 to the Building Act 1984);

• “building safety regulator” means the regulator within the meaning of Part 2 of the Building Safety Act 2022;

• “contributory place” has the same meaning as in section 343 of the Public Health Act 1936;

• “fronting” includes adjoining, and “front” is to be construed accordingly;

• “industrial premises” means premises used or designed or suitable for use for the carrying on of any such process or research as is specified in section 66(1) of the Town and Country Planning Act 1971, and includes premises used for purposes ancillary to the carrying on of any such process or research;

• “local Act” includes a provisional order confirmed by Parliament and the confirming Act so far as it relates to that order;

• “paving, metalling and flagging” includes all methods of making a carriageway or footway;

• “place of public religious worship” means a place of public religious worship which belongs to the Church of England or to the Church in Wales (within the meaning of the Welsh Church Act 1914), or which is for the time being certified as required by law as a place of religious worship;

• “street works” means any works for the sewering, levelling, paving, metalling, flagging, channelling and making good of a street, and includes the provision of proper means for lighting a street;

• “street works authority” means—as respects a street outside Greater London, the council of the county or metropolitan district in which the street is situated,as respects a street in a London borough, the council of the borough, andas respects a street in the City, the Common Council.

• (4) For the purposes of the advance payments code and of section 229 below, the frontage of a building or proposed building on a street shall be deemed to be the frontage that the building itself and any land occupied or, as the case may be, proposed to be occupied, with the building and for the purposes of it has or will have on the street.

• (5) In ascertaining a majority in number of owners for the purposes of any provision of this Part of this Act, joint owners are to be treated as one owner.

Purposes and application of private street works code and advance payments code

204

• (1) The private street works code has effect for securing the execution of street works in private streets anywhere in England or Wales.

• (2) The advance payments code has effect for securing payment of the expenses of the execution of street works in private streets adjacent to new buildings, and applies—

• (a) in all outer London boroughs;

• (b) in all areas in counties in which the advance payments code in the Highways Act 1959 (which is replaced by the advance payments code in this Act) was in force immediately before 1st April 1974; and

• (c) in any parish or community in which the advance payments code in the Highways Act 1959 was, after 1st April 1974, adopted in accordance with Schedule 14 to that Act, or in which the advance payments code is adopted in accordance with Schedule 15 to this Act.

• (3) The areas in which the advance payments code applies by virtue of subsection (2)(b) above shall be taken to include any area in Wales—

• (a) which is, or is in, a county borough; and

• (b) in which the code applied immediately before 1st April 1996 by virtue of that subsection.

The private street works code

Street works in private streets

205

• (1) Where a private street is not, to the satisfaction of the street works authority, sewered, levelled, paved, metalled, flagged, channelled, made good and lighted, the authority may from time to time resolve with respect to the street to execute street works and, subject to the private street works code, the expenses incurred by the authority in executing those works shall be apportioned between the premises fronting the street.

• (2) Where the authority resolve to execute street works with respect to a part only of the street (other than a part extending for the whole of the length of the street), the expenses incurred by them in executing the works shall be apportioned only between the premises fronting the length of the street which constitutes or comprises that part.

• (3) Where an authority have passed a resolution under subsection (1) above, the proper officer of the council shall prepare—

• (a) a specification of the street works referred to in the resolution, with any necessary plans and sections,

• (b) an estimate of the probable expenses of the works, and

• (c) a provisional apportionment apportioning the estimated expenses between the premises liable to be charged with them under the private street works code;

and the specification, plans, sections, estimate and provisional apportionment shall comprise the particulars specified in paragraphs 1 to 4 of Schedule 16 to this Act and shall be submitted to the authority, who may by a further resolution (hereafter in the private street works code referred to as “the resolution of approval”) approve them with or without modification or addition as they think fit.

• (4) If, in the case of a street outside Greater London, the street works referred to in the resolution under subsection (1) above include the sewering of the street, the proper officer of the county council shall, when preparing the specification required by subsection (3) above, consult the council of the district in which the street works are to be carried out.

• (4A) In the case of a street in Wales—

• (a) subsection (4) above does not apply; but

• (b) if the street works referred to in the resolution under subsection (1) above—

• (i) are to be carried out in a part of the street which is treated as being in the area of a street works authority other than the local Welsh council for it; and

• (ii) include the sewering of the street,

the proper officer of the council which are the street works authority shall, when preparing the specification required by subsection (3) above, consult the local Welsh council for it.

• (5) After the resolution of approval has been passed, a notice containing the particulars specified in paragraph 5 of Schedule 16 to this Act shall—

• (a) be published once in each of 2 successive weeks in a local newspaper circulating in the area of the street works authority, and

• (b) be posted in a prominent position in or near to the street to which the resolution relates once at least in each of 3 successive weeks, and

• (c) within 7 days from the date of the first publication under paragraph (a) above, be served on the owners of the premises shown in the provisional apportionment as liable to be charged;

and during one month from the said date a copy of the resolution of approval, and the approved documents or copies of them certified by the proper officer of the council, shall be kept deposited and open to inspection free of charge at all reasonable hours at the offices of the street works authority and also , in the case of a street situated in a non-metropolitan district, at the offices of the council of that districtand, in the case of any part of a street in Wales which is treated as being in the area of a street works authority which are not the local Welsh council for it, at the offices of the local Welsh council.

• (5A) For the purposes of this section, the local Welsh council for a street in Wales are the council of the county or county borough in which it is situated.

• (6) Where a notice is served on an owner of premises under subsection (5)(c) above it shall be accompanied by a statement of the sum apportioned on those premises by the provisional apportionment.

Incidental works

206

A street works authority may include in street works to be executed under the private street works code with respect to a street any works which they think necessary for bringing the street, as regards sewerage, drainage, level, or other matters, into conformity with any other streets, whether maintainable at the public expense or not, including the provision of separate sewers for the reception of sewage and of surface water respectively.

Provisional apportionment of expenses

207

• (1) In a provisional apportionment of expenses of street works under the private street works code, the apportionment of expenses between the premises liable to be charged with them shall, subject to the provisions of this section, be made according to the frontage of the respective premises.

• (2) The street works authority may, if they think just, resolve that in settling the apportionment regard shall be had to the following considerations:—

• (a) the greater or less degree of benefit to be derived by any premises from the street works;

• (b) the amount and value of any work already done by the owners or occupiers of any premises.

• (3) The authority may—

• (a) if they think just, include in the apportionment any premises which do not front the street, but have access to it through a court, passage, or otherwise, and which will, in the opinion of the authority, be benefited by the works, and

• (b) fix, by reference to the degree of benefit to be derived by those premises, the amount to be apportioned on them.

Objections to proposed works

208

• (1) Within one month from the date of the first publication of a notice under section 205(5)(a) above, an owner of premises shown in a provisional apportionment of expenses as liable to be charged with any part of the expenses of executing street works with respect to a private street or a part of a private street may, by notice to the street work authority, object to their proposals on any of the following grounds:—

• (a) that the alleged private street is not a private street or, as the case may be, that the alleged part of a private street is not a part of a private street;

• (b) that there has been some material informality, defect or error in, or in respect of, the resolution, notice, plans, sections or estimate;

• (c) that the proposed works are insufficient or unreasonable;

• (d) that the estimated expenses of the proposed works are excessive;

• (e) that any premises ought to be excluded from or inserted in the provisional apportionment;

• (f) that the provisional apportionment is incorrect in respect of some matter of fact to be specified in the objection or, where the provisional apportionment is made with regard to other considerations than frontage, in respect of the degree of benefit to be derived by any premises, or of the amount or value of any work already done by the owner or occupier of premises.

• (2) Where premises are owned jointly by 2 or more persons, a notice under subsection (1) above may be given on behalf of those persons by one of their number, if he is authorised in writing by a majority of them to do so.

Hearing and determination of objections

209

• (1) If an objection is made under section 208 above within the period there specified, and is not withdrawn, the street works authority may, after the expiration of that period, apply to a magistrates’ court to appoint a time for hearing and determining all objections so made within that period, and shall serve on the objectors notice of the time and place so appointed.

• (2) At the hearing the court shall hear and determine the objections in the same manner as nearly as may be as if the authority were proceeding summarily against the objectors to enforce payment of a sum of money summarily recoverable.

The court may quash in whole or in part or may amend the resolution of approval, specification, plans, sections, estimate and provisional apportionment, or any of them, on the application either of an objector or of the authority, and may also, if it thinks fit, adjourn the hearing and direct further notices to be given.

• (3) The costs of any proceedings before a magistrates’ court in relation to objections under the private street works code are in the discretion of the court, and the court may, if it thinks fit, direct that the whole or a part of any costs ordered to be paid by an objector or objectors are to be paid in the first instance by the authority, and charged as part of the expenses of the works on the premises of the objector, or, as the case may be, on the premises of the objectors in such proportions as may appear just.

Power to amend specification, apportionment, etc.

210

• (1) Subject to the provisions of this section, the street works authority may from time to time amend the specification, plans, sections, estimate and provisional apportionment for any street works proposed under section 205 above.

• (2) If the street works authority propose to amend the estimate so as to increase the amount of it, then, before the amendment is made, a notice containing the particulars specified in paragraph 6 of Schedule 16 to this Act shall—

• (a) be published once in each of 2 successive weeks in a local newspaper circulating in the area of the street works authority, and

• (b) be posted in a prominent position in or near to the street to which the resolution of approval relates once at least in each of 3 successive weeks, and

• (c) within 7 days from the date of the first publication under paragraph (a) above, be served on the owners of the premises shown in the provisional apportionment as liable to be charged;

and, during one month from the said date, a document certified by the proper officer of the council giving details of the amendment of the estimate and of the consequential amendment of the provisional apportionment shall be kept deposited and open to inspection free of charge at all reasonable hours at the offices of the street works authority and also , in the case of a street situated in a non-metropolitan district, at the offices of the council of that districtand, in the case of any part of a street in Wales, the Welsh council for the county or county borough in which it is situated, if different from the street works authority in whose area it is treated as situated.

• (3) Where a notice is served on an owner of premises under subsecton (2)(c) above it shall be accompanied by a statement of the sum apportioned on those premises by the provisional apportionment as proposed to be amended.

• (4) Within one month from the date of the first publication of a notice under subsection (2)(a) above, objections may be made and, if made, shall be heard and determined in like manner, and subject to the like provisions with respect to the persons entitled to be heard and otherwise, as objections under section 208 above.

Final apportionment and objections to it

211

• (1) When any street works to be executed under the private street works code have been completed, and the expenses of them ascertained, the proper officer of the council shall make a final apportionment by dividing the expenses in the same proportions as those in which the estimated expenses were divided in the original or amended provisional apportionment, as the case may be, and notice of the final apportionment shall be served on the owners of the premises affected by it.

• (2) Within one month from the date on which notice of the final apportionment is served on him, the owner of any premises shown in the apportionment as liable to be charged may, by notice to the authority, object to the apportionment on the following grounds, or any of them:—

• (a) that there has been an unreasonable departure from the specification, plans and sections;

• (b) that the actual expenses have without sufficient reason exceeded the estimated expenses by more than 15 per cent;

• (c) that the apportionment has not been made in accordance with this section

Objections under this section shall be determined in the like manner, and subject to the like provisions with respect to the persons entitled to be heard and otherwise, as objections to the provisional apportionment.

• (3) The final apportionment, subject to any amendment made to it by a court on the hearing of objections to it under this section, is conclusive for all purposes.

Recovery of expenses and charge thereof on premises

212

• (1) A street works authority may from time to time recover from the owner for the time being of any premises in respect of which any sum is due for expenses of street works the whole or any portion of that sum together with interest at such reasonable rates as the authority may determine from the date of the final apportionment.

• (2) The sum apportioned on any premises by the final apportionment or, as the case may be, by that apportionment as amended by a court, together with interest from the date of the final apportionment is, until recovered, a charge on the premises and on all estates and interests therein.

• (3) A street works authority, for the purpose of enforcing a charge under subsection (2) above before it is registered under the Local Land Charges Act 1975, have the same powers and remedies under the Law of Property Act 1925 and otherwise as if they were mortgagees by deed having powers of sale and lease and of appointing a receiver.

• (4) A street works authority may by order declare the expenses apportioned on any premises by a final apportionment made by the proper officer of the council or, as the case may be, by that apportionment as amended by a court, to be payable by annual instalments within a period not exceeding 30 years, together with interest from the date of the final apportionment; and any such instalment and interest, or any part thereof, may be recovered from the owner or occupier for the time being of the premises.

Schedule 13 of this Act applies in relation to any sum paid by an occupier of premises under this subsection.

Power for limited owners to borrow for expenses

213

The owners of any premises, if they are persons who under the Compulsory Purchase Act 1965 are empowered to sell and convey or release lands, may charge those premises with—

• (a) such sum as may be necessary to defray the whole or a part of any expenses which the owners of, or any other person in respect of, those premises for the time being are liable to defray under the private street works code, and

• (b) the expenses of making such a charge;

and, for securing the repayment of that sum with interest, may mortgage the premises to any person advancing that sum so, however, that the principal due on any such mortgage shall be repaid by equal yearly or half-yearly payments within 20 years.

Financial provisions

214

• (1) A street works authority shall keep separate accounts of all money expended and recovered by them in the execution of the private street works code.

• (2) A street works authority may from time to time borrow money for the purpose of providing temporarily for expenses of street works in private streets.

• (3) If the whole or a part of a loan raised in respect of expenses of street works is outstanding at the date when any sum is recovered in respect of the expenses of those street works under section 212 above, the sum so recovered shall be applied in repayment of the loan.

Exemption for place of public religious worship

215

• (1) The incumbent or minister, or trustee, of a place of public religious worship is not liable to expenses of street works under the private street works code as the owner of that place, or of a churchyard or burial ground attached to it, and the proportion of expenses in respect of which an exemption is allowed under this section shall be borne by the street works authority.

• (2) No such expenses as aforesaid are to be deemed—

• (a) to be a charge on such a place, or churchyard or burial ground, or

• (b) to subject such a place, or churchyard or burial ground, to distress, execution or other legal process.

Certain railways and canals not to be chargeable with expenses

216

• (1) No railway undertakers or canal undertakers shall be deemed to be owners or occupiers for the purposes of the private street works code of land upon which a street wholly or partly fronts if the land has no direct communication with the street and at the time of the laying out of the street was used solely as part of their line of railway, canal, or siding, station, towing path, or works—

• (a) by the undertakers, or

• (b) in a case where the rights of other railway or canal undertakers in respect of the land under section 22 of the Private Street Works Act 1892, are vested in the undertakers, by those other railway undertakers or canal undertakers.

• (2) The amount of any expenses incurred by a street works authority under the private street works code which, but for subsection (1) above, the undertakers would be liable to pay shall be paid to the authority by the owners of the other premises included in the final apportionment in such proportion as may be settled by the proper officer of the council.

• (3) If the undertakers subsequently make a communication with the street, they shall pay to the authority the amount of the expenses which, but for subsection (1) above, the undertakers or such other undertakers as aforesaid would in the first instance have been liable to pay, and the authority shall divide among the owners for the time being of the other premises included in the final apportionment the amount so paid by the undertakers, less the costs and expenses attendant upon the division, in such proportion as may be settled by the proper officer of the council.

• (4) This section does not apply to a street existing at the date when the Private Street Works Act 1892 or the code of 1892 under the Highways Act 1959, as the case may be, first became applicable in the area in which the street is situated.

Objections only to be made as provided by private street works code

217

No objection which could be made under any provision of the private street works code shall be made in any proceeding or manner otherwise than as provided by that code.

Saving for Thames Water Authority and Port of London Authority

218

Nothing in the private street works code affects property or works of the Thames Water Authority on the shores of the river Thames, or of the Port of London Authority on those shores, or renders either of those authorities liable to charges in respect of any such property or works.

The advance payments code.

Payments to be made by owners of new buildings in respect of street works

219

• (1) Subject to the provisions of this section, where—

• (a) it is proposed to erect a building —

• (i) in England for which an application for building control approval must be made, or

• (ii) in Wales for which plans are required to be deposited with the local authority in accordance with building regulations, and

• (b) the building will have a frontage on a private street in which the street works authority have power under the private street works code to require works to be executed or to execute works,

no work shall be done in or for the purpose of erecting the building unless the owner of the land on which it is to be erected or a previous owner thereof has paid to the street works authority, or secured to the satisfaction of that authority the payment to them of, such sum as may be required under section 220 below in respect of the cost of street works in that street.

• (2) If work is done in contravention of subsection (1) above, the owner of the land on which the building is to be erected and, if he is a different person, the person undertaking the erection of the building is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale, and any further contravention in respect of the same building constitutes a new offence and may be punished accordingly.

Proceedings under this subsection shall not be taken by any person other than the street works authority.

• (3) Where the person undertaking the erection of the building is not the owner of the land on which it is to be erected and is charged with an offence under subsection (2) above, it shall be a defence for him to prove that he had reasonable grounds for believing that the sum required under section 220 below had been paid or secured by the owner of the land in accordance with subsection (1) above.

• (4) This section does not apply—

• (a) where the owner of the land on which the building is to be erected will be exempt, by virtue of a provision in the private street works code, from liability to expenses incurred in respect of street works in the private street in question;

• (b) where the building proposed to be erected will be situated in the curtilage of, and be appurtenant to, an existing building;

• (c) where the building is proposed to be erected in a parish or community and plans for the building were deposited with the district council or, according to the date of deposit, the rural district council before the date on which the New Streets Act 1951, or the advance payments code (either in this Act or in the Highways Act 1959) was applied in the parish or community or as the case may require, in the part of the parish or community in which the building is to be erected;

• (d) where an agreement has been made by any person with the street works authority under section 38 above providing for the carrying out at the expense of that person of street works in the whole of the street or a part of the street comprising the whole of the part on which the frontage of the building will be, and for securing that the street or the part thereof, on completion of the works, will become a highway maintainable at the public expense;

• (e) where the street works authority, being satisfied that the whole of the street or such a part thereof as aforesaid is not, and is not likely within a reasonable time to be, substantially built-up or in so unsatisfactory a condition as to justify the use of powers under the private street works code for securing the carrying out of street works in the street or part thereof, by notice exempt the building from this section;

• (f) where the street works authority, being satisfied that the street is not, and is not likely within a reasonable time to become, joined to a highway maintainable at the public expense, by notice exempt the building from this section;

• (g) where the whole street, being less than 100 yards in length, or a part of the street not less than 100 yards in length and comprising the whole of the part on which the frontage of the building will be, was on the material date built-up to such an extent that the aggregate length of the frontages of the buildings on both sides of the street or part constituted at least one half of the aggregate length of all the frontages on both sides of the street or part;

• (h) where (in a case not falling within paragraph (g) above) the street works authority, being satisfied that the whole of the street was on the material date substantially built-up, by notice exempt the building from this section;

• (i) where the building is proposed to be erected on land belonging to, or in the possession of—

• (i) the British Railways Board, ..., Canal & River Trust, Transport for London, ... ... any wholly-owned subsidiary (within the meaning of the Transport Act 1968) or joint subsidiary (within the meaning of section 51(5) of that Act) of any of those bodies other than Transport for London, or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999);

• (ii) the council of a county, district or London borough ... or the Common Council;

• (iii) the new towns residuary body or a new town development corporation;

• (j) where the building is to be erected by a company the objects of which include the provision of industrial premises for use by persons other than the company, being a company the constitution of which prohibits the distribution of the profits of the company to its members, and the cost of the building is to be defrayed wholly or mainly by a government department;

• (k) where the street works authority, being satisfied—

• (i) that more than three-quarters of the aggregate length of all the frontages on both sides of the street, or of a part of the street not less than 100 yards in length and comprising the whole of the part on which the frontage of the building will be, consists, or is at some future time likely to consist, of the frontages of industrial premises, and

• (ii) that their powers under the private street works code are not likely to be exercised in relation to the street, or to that part of it, as the case may be, within a reasonable time,

by resolution exempt the street, or that part of it, from this section.

• (4A) In subsection (4)(c) above, “district council” is to be read in relation to plans deposited on or after 1st April 1996 for a building to be erected in Wales as “Welsh council”.

• (4B) In subsection (4)(i)(iii) “new towns residuary body” means—

• (a) in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008or the Greater London Authority so far as exercising its new towns and urban development functions; and

• (b) in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

• (5) Where a sum has been paid or secured under this section by the owner of the land in relation to a building proposed to be erected on it, and thereafter a notice is served under subsection (4) above exempting the building from this section, or a resolution is passed under paragraph (k) of that subsection exempting the street or part of a street on which the building will have a frontage from this section, the street works authority shall refund that sum to the person who is for the time being owner of the land or shall release the security, as the case may be.

Where the said sum was paid, and after the payment but before the service of the said notice or the passing of the said resolution, as the case may be, the land in respect of which it was paid was divided into 2 or more parts each having a frontage on the private street in question, the sum is to be treated for the purposes of this subsection as apportioned between the owners of the land according to their respective frontages.

• (6) For the purposes of this section “the material date” is—

• (a) in relation to a building proposed to be erected in an area which before 1st April 1974 was a rural district or a contributory place within a rural district, the date on which the New Streets Act 1951 or the advance payments code (either in this Act or in the Highways Act 1959) was applied in that area;

• (b) in relation to a building proposed to be erected anywhere else, 1st October 1951.

Determination of liability for, and amount of, payments

220

• (1) In a case to which section 219 above applies the street works authority shall, within 6 weeks from the passing of any required plans relating to the erection of a building in Wales deposited with them or, in the case to which subsection ... (2A) below applies, with the ... Welsh council, serve a notice on the person by or on whose behalf the plans were deposited requiring the payment or the securing under section 219 above of a sum specified in the notice.

In this subsection and subsection (2A) below “required plans” means plans required to be deposited with the local authority in accordance with building regulations.

• (1A) In a case in England to which section 219 applies the street works authority shall, within 6 weeks from their granting of any required application for building control approval relating to the erection of a building or, in a case to which subsection (2) applies, the granting of such an application by the district council or the building safety regulator, serve a notice on the person by or on whose behalf the application for building control approval was made requiring the payment or the securing under section 219 of a sum specified in the notice.

• (2) In any case in England to which section 219 may be applicable—

• (a) where (outside Greater London) the advance payments code is in force in the whole or any part of a non-metropolitan district, the district council shall within one week from the date of granting the application for building control approval relating to the erection of a building in England in an area in which that code is in force inform the street works authority that the application has been granted; and

• (b) where the building safety regulator has granted an application for building control approval relating to the erection of a building in England in an area in which the advance payments code is in force, the regulator shall within one week from the date of granting the application inform the street works authority that the application has been granted.

• (2A) Where any required plans which—

• (a) are deposited with a Welsh council; and

• (b) relate to the erection of a building in an area—

• (i) in which the advance payments code is in force; but

• (ii) which is treated as being within the area of a street works authority other than that Welsh council,

are passed, the Welsh council shall, in any case to which section 219 above may be applicable, within one week inform the street works authority of that event.

• (3) Subject to the provisions of this section, the sum to be specified in a notice under subsection (1) or (1A) above is such sum as, in the opinion of the street works authority, would be recoverable under the private street works code in respect of the frontage of the proposed building on the private street if the authority were then to carry out such street works in the street as they would require under that code before declaring the street to be a highway which for the purposes of this Act is a highway maintainable at the public expense.

In this subsection a reference to a street does not include a reference to a part of a street, except to a part which the street works authority think fit to treat as constituting a separate street for the purposes of this subsection and which comprises the whole of the part on which the frontage of the building will be.

• (4) If, at any time after the service of a notice under subsection (1) or (1A) above, the street works authority—

• (a) are of opinion that the sum specified in the notice exceeds such sum as in their opinion would be recoverable as mentioned in subsection (3) above if they were then to carry out such street works as are so mentioned, or

• (b) are of opinion that no sum would be so recoverable,

they may, by a further notice, served on the person who is for the time being owner of the land on which the building is to be, or has been, erected, substitute a smaller sum for the sum specified in the notice served under subsection (1) above or, as the case may be, intimate that no sum falls to be paid or secured.

This subsection does not apply where a sum has been paid or secured in compliance with a notice served under subsection (1) above and the case is one in which the authority have power to make a refund or release under section 221(1) below.

• (5) Where, under a local Act, the erection of buildings on land having a frontage on a new street is prohibited until works for the constrution or sewering of the street have been carried out in accordance with byelaws, the amount of the sum to be specified in a notice served under this section shall be calculated as if those works had been carried out.

• (6) Where a notice is served on any person under this section (other than a notice intimating that no sum falls to be paid or secured) that person or, if he is a different person, the owner of the land on which the building is to be, or has been, erected, may, not later than one month from the date of the service of the notice, appeal to the Minister and the Minister may subsitute a smaller sum for the sum specified by the street works authority.

On an appeal under this subsection, the Minister shall give the appellant an opportunity of being heard before a person appointed by the Minister.

• (7) Where a sum has been paid or secured in compliance with a notice served under subsection (1) or (1A) above and a notice is subsequently served under subsection (4) above substituting a smaller sum for the sum specified in the first-mentioned notice or intimating that no sum falls to be paid or secured, the street works authority—

• (a) if the sum was paid, shall refund the amount of the excess or, as the case may be, the whole sum to the person who is for the time being owner of the land on which the building is to be, or has been, erected;

• (b) if the sum was secured and the person whose property is security for the payment of it is for the time being owner of that land, shall release the security to the extent of the excess or, as the case may be, the whole security;

• (c) if the sum was secured and the person whose property is security for the payment of it is not for the time being owner of that land, shall pay to that owner an amount equal to the excess or, as the case may be, the whole sum, and are entitled to realise the security for the purpose of recovering the amount so paid.

• (8) Where land in respect of which a sum has been paid or secured in compliance with a notice under subsection (1) or (1A) above is subsequently divided into 2 or more parts so that 2 or more owners would, if street works were carried out, incur liability in respect of it, the sum is to be treated as apportioned between those owners according to their respective frontages and, if the sum was secured and the security is the property of one only of those owners, the street works authority—

• (a) are required under subsection (7)(b) above to release the security only to the extent of the amount apportioned to that owner, and

• (b) are entitled to realise the security for the purpose of recovering the amount or amounts paid to the other owner or owners under subsection (7)(c) above.

• (9) Where a security is realised for the purpose of recovering an amount paid by a street works authority under subsection (7)(c) above, and the sum produced by realising the security exceeds the amount so paid, the amount of the excess shall be held by the authority and dealt with under the advance payments code as if it had been an amount paid under section 219 above on the date on which the security was realised.

Refunds etc. where work done otherwise than at expense of street works authority

221

• (1) Where—

• (a) a sum has been paid or secured under section 219 above by the owner of land in respect of the cost of street works to be carried out in the private street on which that land has a frontage, and

• (b) any street works are subsequently carried out in the private street in respect of that frontage to the satisfaction of but otherwise than at the expense of the street works authority,

the authority may refund to the person at whose expense the works are carried out the whole or such proportion of that sum or, as the case may be, release the whole or such part of the security, as in their opinion represents the amount by which the liability of the owner of that land in respect of street works has been reduced as a result of the carrying out of the street works in question.

Where the person at whose expense the works are carried out is not the person who is for the time being owner of that land no refund or release shall be made under this subsection unless the owner has been notified of the proposal to make the refund or release and has been afforded an opportunity of making representations to the street works authority in relation to it.

• (2) Where any land which has a frontage on a private street, and in respect of which a sum has been paid or secured under section 219 above, is subsequently divided into 2 or more parts each having a frontage on that private street, the sum is to be treated as apportioned between the owners thereof according to their respective frontages, and subsection (1) above has effect accordingly.

• (3) Where—

• (a) a sum has been paid or secured under section 219 above by the owner of land in respect of the cost of street works to be carried out in the private street on which that land has a frontage, and

• (b) thereafter the street works authority enter into an agreement with any person under section 38 above providing for the carrying out at the expense of that person of street works in respect of that frontage,

that agreement may also provide for the refund of the said sum or a part of it either without interest or with interest at such rate as may be specified in the agreement, or for the release of the whole or a part of the security, as the case may be.

Sums paid or secured to be in discharge of further liability for street works

222

• (1) Where a sum has been paid or secured under section 219 above by the owner of land in respect of the cost of street works to be carried out in the private street on which that land has a frontage, the liability of that owner or any subsequent owner of that land in respect of the carrying out of street works in that street under the private street works code (“the street works liability”) is, as respects that frontage, to be deemed to be discharged to the extent of the sum so paid or secured.

• (2) If, when the street is declared to be a highway which for the purposes of this Act is a highway maintainable at the public expense, the said sum is found to exceed the total street works liability in respect of that frontage or there is no such liability because the street was not made up at the expense of the street works authority, the street works authority—

• (a) if the sum was paid, shall refund the amount of the excess or, as the case may be, the whole sum to the person who is for the time being owner of the land;

• (b) if the sum was secured and the person whose property is security for the payment of it is for the time being owner of the land, shall release the security to the extent of the excess or, as the case may be, the whole security;

• (c) if the sum was secured and the person whose property is security for the payment of it is not for the time being owner of the land, shall pay to that owner an amount equal to the excess or, as the case may be, the whole sum, and are entitled to realise the security for the purpose of recovering the amount so paid.

• (3) Where land in respect of which a sum has been paid or secured under section 219 above is subsequently divided into 2 or more parts so that 2 or more owners incur or would incur the street works liability, the sum is to be treated as apportioned between those owners according to their respective frontages, and if the sum was secured and the security is the property of one only of those owners the street works authority—

• (a) are required under subsection (2)(b) above to release the security only to the extent to which the amount apportioned to that owner exceeds his street works liability or, as the case may be, to the extent of the whole of that amount, and

• (b) are entitled to realise the security for the purpose of recovering the amount or amounts paid to the other owner or owners under subsection (2)(c) above.

• (4) Where any refund, release or payment has been made under section 220(7) above, or under section 221 above, the foregoing provisions of this section have effect as if for references therein to a sum paid or secured there were substituted references to any sum remaining paid or secured.

Determination to cease to have effect when plans not proceeded with

223

• (1) Where, on the occasion of the deposit of plans for the erection of a building in Wales, the amount to be paid or secured under section 219 above has been determined under section 220 above, and subsequently—

• (a) the local authority, under section 32 of the Building Act 1984, declare the deposit of the plans to be of no effect, or

• (b) before any work has been done in or for the purpose of erecting the building the owner gives notice to the local authority of his intention not to proceed with the building,

the said determination and any payment made or security given in accordance with it are, unless there have already been carried out or commenced in the street under the private street works code street works in respect of which the owner of the land on which the building was to be erected is liable, of no effect for the purposes of this Part of this Act.

• (1A) Where, on the granting of an application for building control approval for the erection of a building in England, the amount to be paid or secured under section 219 has been determined under section 220, and subsequently—

• (a) by virtue of section 32 of the Building Act 1984 the approval is treated as not having been given, or