Highways Act 1980

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

• (i) the building safety regulator, as respect a higher-risk building, or

• (ii) the local authority, as respects any other 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.

• (2) Where by virtue of subsection (1) or (1A) above a determination is of no effect and a sum has been paid or security given in accordance with it, the street works authority—

• (a) if the sum was paid, shall refund it 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;

• (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 said 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 as mentioned in subsection (2) 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 thereof, 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 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 (2)(c) above.

• (4) Where any refund, release or payment has been made under section 220(7) above, or under section 221 above, subsections (2) and (3) above have effect as if for references in those subsections to a sum paid and security given there were substituted references to, respectively, any sum remaining paid and any remaining security.

• (5) Where—

• (a) a person notifies the local authority in accordance with subsection (1)(b) above of his intention not to proceed with the building and by reason thereof a determination is of no effect, and

• (b) subsequently notice is given to the local authority by the owner of the land that he intends to proceed with the building in accordance with the plans as originally deposited,

the notice to be served under subsection (1) of section 220 above by the street works authority shall, in lieu of being served as required by that subsection, be served on him within one month from the date of the service of the notice of his intention to proceed with the building, and section 220 has effect accordingly.

• (5A) Where—

• (a) a person gives notice in accordance with subsection (1A)(b) of their intention not to proceed with the building and by reason thereof a determination is of no effect, and

• (a) subsequently notice is given by the owner of the land that they intend to proceed with the building in accordance with the approval given under the application for building control approval as originally made,

the notice to be served under section 220(1A) by the street works authority shall, in lieu of being served as required by that subsection, be served within one month from the date of the service of the notice of intention to proceed with the building, and section 220 has effect accordingly.

• (5B) As respects England, in any case to which this section may be applicable and one of the events referred to in subsection (5C) takes place—

• (a) where 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 inform the county council of the happening of the event in question;

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

• (5C) The events mentioned in subsection (5B) are—

• (a) the lapse, under section 32 of the Building Act 1984, of a building control approval granted by the district council, or the building safety regulator, as the case may be;

• (b) the giving of any notice by an owner of an intention not to proceed with a building in respect of which an application for building control approval was made;

• (c) the giving of any notice by an owner of an intention to proceed with the building in accordance with the application for building control approval as originally made.

• (6) The following kinds of event are relevant for the purposes of subsection (7)—

• (a) the making of any declaration that the deposit of plans relating to the erection of a building is of no effect,

• (b) the giving of any notice by an owner of his intention not to proceed with a building, and

• (c) the giving of any notice by an owner of his intention to proceed with the building in accordance with the plans as originally deposited.

• (7) In any case—

• (a) to which this section may be applicable; and

• (b) which relates to plans for the erection of a building in any part of a street in Wales which is treated as being in the area of a street works authority other than the Welsh council for the county or county borough in which it is situated,

the Welsh council shall within one week inform the street works authority of the happening of any event of a kind described in paragraphs (a) to (c) of subsection (6) above.

Certain matters to be local land charges

224

• (1) The matters specified in subsection (2) below are local land charges.

• (2) The matters referred to in subsection (1) above are:—

• (a) notices served by a street works authority under section 220(1) , (1A) or (4) above;

• (b) determinations by the Minister under section 220(6) above;

• (c) payments made and securities given under section 219 above;

• (d) notices served under subsection (4)(e), (f) or (h) of section 219 above exempting a building from that section;

• (e) resolutions passed under subsection (4)(k) of section 219 above exempting a street or a part of a street from that section; and

• (f) refunds made and releases of securities granted under section 221, 222 or 223 above.

• (3) As respects any matter that is a local land charge by virtue of this section, the street works authority for the street concerned are, notwithstanding anything in section 5(4) of the Local Land Charges Act 1975, to be treated as the originating authority for the purposes of that Act.

Interest on sums paid under advance payments code

225

• (1) Any sum paid by the owner of land to a street works authority under section 219 above, in so far as it continues to be held by the authority, carries simple interest at the appropriate rate from the date of payment until such time as the sum or a part of it remaining so held—

• (a) falls to be set off under section 222 above against the liability of the owner of the land in respect of the carrying out of street works; or

• (b) falls to be refunded in full under the provisions of the advance payments code;

and the interest shall be held by the authority until that time and dealt with under those provisions as if it formed part of the said sum.

This subsection does not apply to any sum in so far as it is repaid under any such agreement as is referred to in section 221(3) above.

• (2) For the purposes of the advance payments code interest on any sum held by a street works authority shall be calculated in respect of each financial year during which it accrues at the appropriate rate prevailing at the commencement of that financial year.

• (3) In this section “the appropriate rate” means the rate at the material time determined by the Treasury in respect of local loans for periods of 10 years on the security of local rates (being a determination under section 6(2) of the National Loans Act 1968, and subject to any relevant direction under the said section 6(2)).

General

Power to vary width of carriageway and footway on making up a private street

226

• (1) A street works authority may include in street works done in relation to a street under the private street works code a variation of the relative widths of the carriageway and of the footway or footways of the street.

• (2) No greater charge shall be imposed on a person by reason of any such variation than could have been imposed in respect of a carriageway or footway of the width prescribed for a new street of the same class by a byelaw or enactment with respect to the width of new streets which applied to the street when it was laid out; and any sum in excess of that charge shall be borne by the authority.

Widening of highway comprised in private street

227

Where, in the course of the execution of street works under the private street works code in a private street which consists of or comprises a highway, the street works authority widen the highway under Part V of this Act, the widening does not relieve any person of liability for expenses of the street works, and the amount of that liability is not greater or less than it would have been if the highway had not been widened.

Adoption of private street after execution of street works

228

• (1) When any street works have been executed in a private street, the street works authority may, by notice displayed in a prominent position in the street, declare the street to be a highway which for the purposes of this Act is a highway maintainable at the public expense, and on the expiration of one month from the day on which the notice was first so displayed the street shall, subject to subsections (2) to (4) below, become such a highway.

• (2) A street shall not become a highway maintainable at the public expense by virtue of subsection (1) above if, within the period there mentioned, the owner of the street or, if more than one, the majority in number of the owners of the street, by notice to the authority object; but within 2 months from the expiration of that period the street works authority may apply to a magistrates’ court for an order overruling the objection.

• (3) If an order overruling an objection under subsection (2) above is made pursuant to an application under that subsection and no appeal against the order is brought within the time limited for such an appeal, the street or part in question shall become a highway maintainable at the public expense on the expiration of that time.

• (4) Where such an order is made or refused and an appeal, or an appeal arising out of that appeal, is brought against or arises out of the order or refusal, then—

• (a) if the final determination of the matter is in favour of the authority, or

• (b) the appeal is abandoned by the objectors,

the street shall become a highway maintainable at the public expense on that final determination or, as the case may be, on the abandonment of the appeal.

• (5) Notwithstanding anything in any other enactment or provision, for the purposes of this section the time for bringing or seeking leave for any appeal (including an application for certiorari) is 2 months from the date of the decision or of the conclusion of the proceedings appealed against, unless apart from this subsection the time is less than that period; and no power, however worded, to enlarge any such time is exercisable for the purposes of this section.

• (6) Where street works have been executed in a part only of a street (other than a part extending for the whole of the length of the street), subsections (1) to (4) above have effect as if for references in those subsections to the street there were substituted references to the length of the street which constitutes or comprises that part.

• (7) If all street works (whether or not including lighting) have been executed in a private street to the satisfaction of the street works authority, then, on the application of the majority in rateable value of the owners of premises in the street, the street works authority shall, within the period of 3 months from the date of the application, by notice displayed in a prominent position in the street, declare the street to be a highway which for the purposes of this Act is a highway maintainable at the public expense and thereupon the street shall become such a highway.

In this subsection a reference to a street does not include a reference to a part of a street.

Power of majority of frontagers to require adoption where advance payment made

229

• (1) Where a majority in number of the owners of land having a frontage on a built-up private street, or as many of those owners as have between them more than half the aggregate length of all the frontages on both sides of the street, by notice request the street works authority to exercise their powers under the private street works code so as—

• (a) to secure the carrying out of such street works in that street as the street works authority 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, and

• (b) to declare the street to be such a highway,

the street works authority shall proceed to exercise their powers accordingly.

• (2) Subsection (1) above does not apply unless, in at least one case, a payment has been made or security has been given under section 219 above by the owner of land having a frontage on the street and the payment has not been refunded, or the security released or realised, under subsection (5) of that section, or under section 223 above.

• (3) For the purposes of this section a street is to be deemed to be built-up if the aggregate length of the frontages of the buildings on both sides of the street constitutes at least one half of the aggregate length of all the frontages on both sides of the street.

• (4) This section does not apply in relation to a part of a street unless it is a part not less than 100 yards in length which the owners of land having a frontage on that part of the street elect to treat as constituting a street for the purposes of this section.

Urgent repairs to private streets

230

• (1) Where repairs are needed to obviate danger to traffic in a private street the street works authority may by notice require the owners of the premises fronting the street to execute, within such time as may be specified in the notice, such repairs as may be so specified.

• (2) Where such repairs as are mentioned in subsection (1) above are needed in a part only of the street (other than a part extending for the whole of the length of the street), a requirement under that subsection shall be made only of the owners of the premises fronting the length of the street which constitutes or comprises that part.

• (3) A person aggrieved by a requirement of a street works authority under this section may appeal to a magistrates’ court.

• (4) Subject to any order made on appeal and to subsection (5) below, if, within the time specified in a notice served under subsection (1) above, the repairs required thereby have not been executed, the authority may execute the repairs, and may recover the expenses reasonably incurred by them in so doing from the owners in default, the expenses being apportioned between those owners according to the extent to which their respective premises front the street.

• (5) If, within the time so specified, the majority in number or rateable value of owners of premises in the street by notice require the street works authority to proceed in relation to the street under the private street works code, the street works authority shall so proceed, and on the completion of the necessary works shall forthwith declare the street to be a highway which for the purposes of this Act is a highway maintainable at the public expense; and thereupon the street shall become such a highway.

• (6) Where a requirement under subsection (1) above has been made in respect of a part only of a street (other than a part extending for the whole of the length of the street), subsection (5) above has effect as if for references therein to the street there were substituted references to the length of the street which constitutes or comprises that part.

• (7) Without prejudice to the foregoing provisions of this section or to any other enactment for the time being in force relating to private street works, the street works authority and also, in the cases mentioned below, the district council may, in any street that is not a highway maintainable at the public expense, execute such repairs as are in their opinion urgently required to prevent or remove danger to persons or vehicles in the street.

The cases in which the district council may act under this subsection are those in which the street concerned is situated in a non-metropolitan district and is a footpath, bridleway or any such road as is mentioned in section 42(2)(c) above (urban roads).

• (8) The power of a district council under subsection (7) above is subject to Part I of Schedule 7 to this Act.

Compensation for damage caused by execution of street works

231

A street works authority shall pay compensation to any person who sustains damage by reason of the execution of street works by the authority under the private street works code.

Power to treat as a private street land designated for purposes of this section by development plan

232

• (1) The provisions of this section apply in relation to land defined by a development plan—

• (a) as the site of a proposed road, or

• (b) as land required for the widening of an existing road which is of less than byelaw width,

and designated by the plan as land to which this section applies.

• (2) Where any land is so defined and designated as aforesaid, the prospective street works authority, subject to subsection (3) below, may at any time by order declare the land (together with any land forming part of any such existing road as aforesaid) to be a private street, and thereupon the land is to be deemed to have been dedicated to the use of the public as a highway and to be a private street for the purposes of this Part of this Act.

The reference in this subsection to the prospective street works authority is a reference to the council who will be the street works authority as respects the private street constituted by the council’s declaration.

• (3) No order shall be made by the authority under subsection (2) above in relation to land which has not been acquired by them at the date of the order (other than land forming part of any such existing road as aforesaid) except with the consent of all persons interested in the land.

• (4) In relation to land which is deemed to be a private street by virtue of a declaration under subsection (2) above the provisions of the private street works code apply subject to such exceptions, adaptations and modifications as may be prescribed by regulations made by the Minister of Transport.

• (5) Regulations made for the purposes of subsection (4) above shall make provision for securing—

• (a) that the amount of the expenses incurred in the execution of street works charged under the private street works code on the owners of adjoining land does not exceed the amount which would, at the date of the commencement of the works, have been the cost of the execution of street works in the course of the construction, widening or improvement if it had been carried out—

• (i) so as to comply with the provisions of any byelaws, regulations or other enactments in force in the area, and

• (ii) as respects matters for which no such provision is made, so as to comply with such requirements as would have been imposed by the street works authority at the date of the commencement of the works as a condition of declaring the street to be a highway which for the purposes of this Act is a highway maintainable at the public expense;

• (b) that as soon as the street has been made up or widened by or to the satisfaction of the street works authority it becomes a highway maintainable at the public expense;

• (c) that no expenses incurred in the execution of street works are recoverable against agricultural land or buildings until the land or buildings cease to be agricultural land or buildings; and

• (d) that no expenses incurred in the execution of street works for the purpose of making a new street are recoverable in respect of any land (whether the site of a building or not) unless and until access is provided for and used by persons or vehicles from that land to the new street.

• (6) Regulations made for the purposes of subsection (4) above may provide—

• (a) for the inclusion in the expenses recoverable as aforesaid in respect of street works carried out by the street works authority of any expenses incurred by a local authority after the date on which the land is defined and designated as mentioned in subsection (1) above, and before it is declared to be a private street under subsection (2) above, in the construction of sewers in or under the land; and

• (b) for authorising the street works authority to enter on any land adjoining the street for the purpose of executing street works on land comprised in the street.

• (7) A highway constructed bya strategic highways company or a local highway authority on land deemed to be a private street by virtue of a declaration under subsection (2) above is not by virtue only of section 36(2)(a) above for the purposes of this Act a highway maintainable at the public expense.

• (8) The provisions of this section, and any restrictions or powers imposed or conferred by it in relation to land, apply and may be exercised in relation to any land notwithstanding that provision is made for authorising or regulating any development of the land by any enactment in force on 6th August 1947 or by any local Act passed at any time during the Session of Parliament held during the regnal years 10 and 11 Geo. 6 (that date and that Session being, respectively, the date of passing of the Town and Country Planning Act 1947 and the Session during which that Act was passed, and that Act, now superseded by the Town and Country Planning Act 1990 and Parts 2 and 6 of the Planning and Compulsory Purchase Act 2004, being the Act that first made provision for development plans).

• (9) In this section—

• “byelaw width”, in relation to a road, means the width required by any . . ., regulations or other enactments relating to the construction of streets in the area in which the road is situated;

• “construction” and “improvement”, in relation to a street, include the planting, laying out, maintenance and protection of trees, shrubs and grass verges in and beside the street;

• “ development plan ” must be construed in accordance with section 38 of the Planning and Compulsory Purchase Act 2004;

• “ local authority ” has the same meaning as in the Town and Country Planning Act 1990.

Appeal to Minister under private street works code

233

• (1) Subject to section 217 above, a person aggrieved by a decision of a street works authority in a case where the authority are empowered by section 212 above to recover any expenses incurred by them may appeal to the Minister, who may make such decision as to him seems equitable; and the decision shall be final and binding on all parties.

• (2) The time within which an appeal may be brought under subsection (1) above is 21 days from the date on which a demand for the payment of the expenses, or any part of them, was first served on the person wishing to appeal.

• (3) A person appealing under subsection (1) above shall in his appeal state the grounds thereof, and shall serve a copy of his appeal on the street works authority; and any proceedings commenced for the recovery of any such expenses as aforesaid by the street works authority shall, on the service on them of the copy of the appeal, be stayed.

• (4) The Minister may, if he thinks fit, by his decision direct the authority to pay to the person so proceeded against such sum as he may consider to be a just compensation for the loss or damage sustained by that person by reason of the proceedings.

Provisions as to private street in area of more than one street works authority

234

• (1) In a case where a part only of a private street is within the area of a street works authority, the authority may, with the consent of the street works authority in whose area any other part of the street is situated, and subject to subsection (3) below, resolve to treat that other part for the purposes of this Part of this Act as if it were within their own area.

• (2) Where the authority so resolve, then, without prejudice to the operation of any enactment not contained in this Part of this Act, this Part of this Act applies in relation to that other part of the street as if it, together with the premises fronting it, were within the area of the authority passing the resolution.

• (3) A street works authority shall not resolve under subsection (1) above to treat a part of a street as if it were within their own area if that part comprises a length of the street wholly outside that area.

• (4) In a case where a private street is within the area of a street works authority but premises fronting the street are wholly or partly outside that area, then, without prejudice to the operation of any enactment not contained in this Part of this Act, this Part of this Act applies in relation to that street as if those premises were wholly within the area of that authority.

In this subsection a reference to a street includes a reference to a length of the street but does not include a reference to any other part of it.

• (5) A resolution passed by a street works authority under subsection (1) above shall be published by advertisement in one or more local newspapers circulating within the area in which the street is situated and otherwise in such manner as the authority think sufficient for giving notice to all persons interested.

Evasion of private street works expenses by owners

235

• (1) Where a street works authority are empowered by section 212 above to recover any sum from the owner of any premises, and the authority are unable by the exercise of their powers (other than powers conferred by this section) to recover that sum, then if—

• (a) the said premises were previously transferred by a person (“the transferor”) who at the time of the transfer was the owner of other premises adjoining those premises, and

• (b) a magistrates’ court is satisfied that the transfer was intended for the purpose of evading the payment of expenses of street works,

the court may make an order under this section.

• (2) An order under this section shall provide that, to such extent as the court making the order may determine, the street works authority may recover the said sum, and, where that sum is payable under an order made under section 212(4) above or section 305(2) below, any further sums which may fall due under that order, from the transferor.

• (3) In this section “transfer” includes any disposal of land whether by way of sale, lease, exchange, gift or otherwise.

Contribution by street works authority to expenses of street works

236

• (1) A street works authority may at any time resolve to bear the whole or a portion of the expenses of any street works in their area under the private street works code and where an authority so resolve the liabilities of the owners of premises in respect of those expenses are to be treated as discharged or as proportionately reduced, accordingly.

• (2) Without prejudice to their powers under subsection (1) above, a street works authority may at any time resolve to bear the whole or a portion of the expenses of any street works in their area under the private street works code which would otherwise be apportioned on, or to the owner of, any premises of which the rear or a flank fronts the street; and where an authority so resolve the liability of the owner of those premises in respect of those expenses is to be treated as discharged or reduced accordingly.

Power of street works authority to grant charging order

237

• (1) Where a person has paid, or advanced money for, expenses which by section 212 above a street works authority are empowered to recover, that person may apply to the authority for a charging order, and the authority, on being satisfied as to the amount of the expenditure on private street works, and, in the case of an advance, as to the sum advanced, may make an order accordingly charging on the premises in respect of which the expenses are recoverable, and on all estates and interests therein, an annuity to repay the sum expended or advanced.

• (2) The annuity charged shall be such sum as the street works authority may determine in respect of every £100 of the amount of the expenditure and so in proportion in respect of any fraction of that amount, and shall commence from the date of the order and be payable by equal half-yearly payments for a term of 30 years to the person named in the order, his executors, administrators or assigns.

• (3) A person aggrieved by an order of a street works authority under subsection (1) above, or by the refusal of the authority to make an order under that subsection, may appeal to a magistrates’ court.

• (4) Schedule 13 to this Act applies in relation to any sum paid by an occupier of premises in respect of an annuity charged on those premises under this section.

Part XII — Acquisition, Vesting and Transfer of Land etc.

Introductory

Interpretation etc. of Part XII

238

• (1) Any power under sections 239 to 246 below to acquire land, except the power under section 246(2), is exercisable compulsorily or by agreement.

• (2) In this Part of this Act “common”, “fuel or field garden allotment” and “open space” have the same meaning respectively as in the Acquisition of Land Act of 1981.

Acquisition of land generally

Acquisition of land for construction, improvement etc. of highway: general powers

239

• (1) Subject to section 249 below, the Ministeror a strategic highways company may acquire land required for the construction of a trunk road, and any highway authority may acquire land required for the construction of a highway which is to be a highway maintainable at the public expense, other than a trunk road.

• (2) Subject to section 249 below, the Ministeror a strategic highways company may acquire land which in hisor its opinion is required—

• (a) for the carrying out of any works authorised by an order relating to a trunk road under section 14 above, or

• (b) for the provision of buildings or facilities to be used in connection with the construction or maintenance of a trunk road other than a special road.

• (3) Subject to section 249 below, a highway authority may acquire land required for the improvement of a highway, being an improvement which they are authorised by this Act to carry out in relation to the highway.

• (4) Subject to section 249 below, a special road authority may acquire land which in the opinion of the authority is required—

• (a) for the improvement of a highway which is included in the route of the special road but has not been transferred to the authority by means of an order under section 18 above,

• (b) for the purposes of any order made in relation to the special road under section 18 above, or

• (c) for the provision of service stations or other buildings or facilities to be used in connection with the construction of the special road or with the use or maintenance of it.

• (5) Where a highway authority have acquired, or propose to acquire, in exercise of any of the powers conferred by subsections (1) to (4) above, land forming part of a common, open space, or fuel or field garden allotment, and other land is required for the purpose of being given in exchange for the first-mentioned land, the authority may acquire that other land under the subsection in question as if it were land required for the construction or improvement of a highway, and nothing in section 249 below applies to an acquisition by virtue of this subsection.

• (6) A highway authority may acquire land required for the improvement or development of frontages to a highway for which they are the highway authority or of the land adjoining or adjacent to that highway.

Acquisition of land in connection with construction, improvement etc. of highway: further general powers

240

• (1) Subject to section 249 below, a highway authority may acquire land which is required for, or for use by them in connection with, the carrying out of works authorised by section 129 above, or by an order relating to a classified road under section 14 above.

• (2) Without prejudice to any other power conferred by this Act—

• (a) a highway authority may acquire land which is required for use by them in connection with the construction or improvement of a highway, or with the carrying out of works authorised by an order relating to a trunk road under section 14 above or an order under section 18 or section 108(1) above; and

• (b) any power of a highway authority under subsection (1) above or under any provision of this Part of this Act not contained in this section to acquire land for a purpose whose achievement involves the diversion of a navigable watercourse or the carrying out of works under section 110 above includes power to acquire land which is required for carrying out the diversion or, as the case may be, the works.

• (3) Subject to section 249 below, the Ministeror a strategic highways company may acquire land which is required for the purpose of—

• (a) providing a trunk road picnic area; or

• (b) providing public sanitary conveniences in the exercise of hisor its powers under section 112(5) above.

• (4) A local highway authority may acquire land which is required for the purpose of providing public sanitary conveniences in the exercise of their powers under section 114 above.

• (5) Subject to section 249 below, a highway authority may acquire land which is required for the purpose of providing a lorry area in the exercise of their powers under section 115 above.

• (6) Where, in exercise of any of the powers conferred by subsections (1) to (5) above, a highway authority have acquired, or propose to acquire, for any purpose land forming part of a common, open space or fuel or field garden allotment and other land is required for the purpose of being given in exchange for the first-mentioned land, the authority may acquire that other land.

Acquisition of land between improvement line and boundary of street

241

• (1) Where a highway authority have prescribed an improvement line in relation to any street under section 73 above they may acquire any land, not occupied by buildings, lying between the improvement line and the boundary of the street.

• (2) Any land acquired under this section shall, at such time or times as the highway authority may determine, be added to and made good as part of the street by the authority, and until it is so added the occupier of the land from which it is severed, and other persons with his permission, are entitled to reasonable access across the land so acquired to and from the street, and have the same rights in regard to the laying, altering, maintaining and removal of sewers, drains, mains, pipes or electric lines in that land as if it were already part of the street.

• (3) Subsection (11) of section 73 above has effect in relation to this section as it has effect in relation to that section.

Acquisition of land for execution of works in connection with certain bridges

242

• (1) A highway authority may, subject to subsection (3) below, acquire land which they require to enable them to comply with a requirement or direction contained in an order made under section 93 above.

• (2) The Minister may, subject to subsection (3) below, authorise the owners of a bridge to acquire land which they require to enable them to comply with a requirement or direction contained in an order made under section 93 above.

• (3) Nothing in this section authorises the compulsory acquisition of land which is the property of a council, or which has been acquired by transport undertakers for the purposes of their undertaking, but—

• (a) a highway authority may acquire compulsorily a right upon, under or over such land for the purpose of executing any works which they are required or authorised by an order made under section 93 to execute or construct; and

• (b) the Minister may authorise the owners of a bridge to acquire compulsorily a right upon, under or over such land for that purpose.

Acquisition of land for cattle-grids etc.

243

A highway authority may acquire land which they require for the purpose of providing, altering or improving a cattle-grid or by-pass in the exercise of powers conferred on them by this Act.

Acquisition of land for road-ferries

244

A highway authority may acquire land which they require for the purpose of providing or improving a road-ferry in the exercise of powers conferred on them by this Act.

Acquisition of land for buildings etc. needed for discharge of functions of highway authority

245

Without prejudice to section 239(4) above, a local highway authority may acquire land, whether situated within or without their area, which in their opinion is required for the provision of any buildings or facilities needed for the purposes of their functions as a highway authority.

Acquisition of land for mitigating adverse effects of constructing or improving highway

246

• (1) Subject to subsection (3) below, a highway authority may acquire land for the purpose of mitigating any adverse effect which the existence or use of a highway constructed or improved by them, or proposed to be constructed or improved by them, has or will have on the surroundings of the highway.

• (2) Subject to subsection (3) below, a highway authority may acquire by agreement (but not compulsorily)—

• (a) land the enjoyment of which is seriously affected by the carrying out of works by the authority for the construction or improvement of a highway;

• (b) land the enjoyment of which is seriously affected by the use of a highway which the authority have constructed or improved,

if the interest of the vendor is a qualifying interest.

• (2A) Where the highway authority propose to carry out works on blighted land for the construction or improvement of a highway, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the highway if the interest of the vendor is a qualifying interest.

• (2B) In this section—

• “ qualifying interest ” has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and

• “ blighted land ” has the meaning given in section 149(1) of that Act.

• (3) The powers conferred by subsection (1) above to acquire land compulsorily and the powers conferred by subsection (2)(a) above shall not be exercisable unless the acquisition is begun before the date on which the highway or, as the case may be, the improved highway is first opened to public traffic (“the opening date”); and the powers conferred by subsection (1) above to acquire land by agreement and the powers conferred by subsection (2)(b) above shall not be exercisable unless the acquisition is begun before the end of one year after the opening date.

• (4) For the purposes of subsection (3) above the acquisition of any land is begun—

• (a) if it is compulsory, on the date on which the notice required by section 11 of the Acquisition of Land Act 1981 is first published;

• (b) if it is by agreement, on the date on which the agreement is made;

and where the compulsory acquisition of any land under subsection (1) above is begun within the time limited by subsection (3) above but is not proceeded with, any subsequent compulsory acquisition of that land under subsection (1) is to be treated for the purposes of this section as begun within that time.

• (5) Where under the powers of this section a highway authority have acquired, or propose to acquire, land forming part of a common, open space or fuel or field garden allotment and other land is required for the purpose of being given in exchange for the first-mentioned land, the authority may acquire that other land.

• (6) For the purpose of assessing the compensation payable on the compulsory aquisition of land under this section the land is to be treated as if it were being acquired for the construction of the highway or, as the case may be the improvement in question.

• (7) In this section references to the construction or improvement of a highway include references to the construction or improvement of a highway by virtue of an order under section 14 or 18 above.

General provision as to acquisition procedure etc.

247

• (1) Any power to acquire land compulsorily conferred by any of the foregoing provisions of this Part of this Act ona strategic highways company or a local highway authority is exercisable in any particular case on their being authorised to do so by the Minister.

• (2) The Acquisition of Land Act 1981 shall, subject to sub-section (5) below, apply to the compulsory acquisition of land under any of the foregoing provisions of this Part of this Act.

• (5) Notwithstanding anything in Part III of the Acquisition of Land Act 1981 an order authorising the owners of a bridge to acquire a right compulsorily pursuant to section 242(3) above is not subject to special parliamentary procedure by reason only of its authorising the acquisition of any such right, nor does anything in the said Part III prevent the acquisition of any right pursuant to section 242(3) above (whether by the owners of a bridge or by a highway authority).

• (6) Where under this Part of this Act a highway authority are authorised to acquire land by agreement, the provisions of Part I of the Act of 1965 (so far as applicable) other than sections 4 to 8, section 10 and section 31, apply, and in the said Part I as so applied the word “land” has the meaning provided by section 329 below.

Acquisition in advance of requirements

248

• (1) Any power of the Minister under any of the foregoing provisions of this Part of this Act, other than sections 240 and 246 to acquire by agreement land required for a purpose mentioned in the provision in question is exercisable in respect of any land which, in the opinion of the Minister, may be required for that purpose, notwithstanding that the land is not immediately required for that purpose.

• (2) Subject to the following provisions of this section, where under any provision of this Act specified in column 1 of Schedule 17 to this Act a highway authority have power to acquire, or have acquired, land (“the initial stage area”) for a purpose specified in column 2 of that Schedule, then any power of the authority under this Act to acquire land compulsorily for a purpose specified in column 3 is, in the case of other land adjacent to the initial stage area (“the subsequent stage area”), exercisable by them notwithstanding that the other land is not immediately required for the purpose specified in column 3.

• (3) A highway authority shall not acquire land compulsorily by virtue of subsection (2) above unless one or more of the following conditions are satisfied, namely—

• (a) the authority intend, when they have acquired the subsequent stage area, forthwith to incorporate it within the boundaries of the highway or proposed highway or, as the case may be, of the service area, maintenance compound, trunk road picnic area or lorry area, for the purposes of which the initial stage area is to be, or has been, acquired;

• (b) the authority’s proposed use of the initial stage area involves the carrying out of works wholly or partly on, or under or over, the subsequent stage area;

• (c) plans for the use of the subsequent stage area (for the purpose for which the authority have power by virtue of this section to acquire it) have been made or approved by the Minister.

• (4) A highway authority shall not by virtue of subsection (2) above acquire land compulsorily for any purpose where, apart from this section, they would not have power to acquire it compulsorily if it were required immediately for that purpose.

Distance limits from highway applicable to compulsory acquisition

249

• (1) .Subject to subsection (3) below, a highway authority shall not in the exercise of a power to acquire land under any of the provisions of this Act specified in column 1 of Part I of Schedule 18 to this Act require compulsorily land lying beyond the limit specified in relation to that power in column 2 of that Schedule.

• (2) Part II of Schedule 18 has effect with respect to limits specified in Part I of that Schedule.

• (3) Nothing in this section applies to land required for purposes connected with the drainage of a highway or proposed highway, or of a maintenance compound, service area, trunk road picnic area or lorry area, or required for the purpose—

• (a) of the diversion of a navigable watercourse,

• (b) of the carrying out of works authorised by section 110 above, or

• (c) of providing protection for a highway or proposed highway against snow, flood, landslide or other hazards of nature.

Additional provisions with respect to acquisition of rights over land

Land acquisition powers to extend to creation as well as acquisition of rights

250

• (1) A compulsory purchase order made in the exercise of highway land acquisition powers may provide for the acquisition of rights over land by creating them as well as for the acquisition of rights already in existence.

In this Act “highway land acquisition powers” means powers in respect of acquisition of land which are exercisable by a highway authority under any of the following provisions of this Act, namely, sections 239, 240, 242 to 246 and 250(2).

• (2) Where rights over land are, or are to be, acquired by a highway authority by means of a compulsory purchase order made in the exercise of highway land acquisition powers, and the land forms part of a common, open space or fuel or field garden allotment and other land is required for the purpose of being given in exchange for those rights, the authority may acquire by agreement or compulsorily that other land; and subsections (1) to (3) of section 247 above apply in relation to this subsection as they apply in relation to the provisions there mentioned.

• (3) In section 247(1) to (4) above references to acquisition of land include references to compulsory acquisition of rights by virtue of this section.

• (3A) Schedule 3 to the Acquisition of Land Act 1981 shall apply to the compulsory purchase of a right by virtue of this section.

• (4) The Acts of. . . 1965 have effect with the modifications necessary to make them apply to the compulsory acquisition of a right by virtue of this section as they apply to the compulsory acquisition of land, so that, in appropriate contexts, references in these Acts to land are to be read as referring, or as including references, to the right acquired or to be acquired, or to land over which the right is, or is to be, exercisable, according to the requirements of the particular context.

• (5) For the purpose of giving effect to this section, and without prejudice to the general adaptation of enactments under subsection (4) above—

• (a) Part II of Schedule 19 to this Act has effect for the adaptation of Part I of the Act of 1965 to cases of compulsory acquisition of rights

• (c) as respects compensation in such cases, the enactments relating to compensation for the compulsory purchase of land apply, with the necessary modifications, as they apply to compensation on the compulsory purchase of land and interests in land.

• (6) References in any enactment or instrument to the acquisition of land, in a context relating to compulsory acquisition under highway land acquisition powers, are to be construed (except in so far as the context otherwise requires) as including references to the compulsory acquisition of a right or rights by virtue of this section.

• (7) The provisions of this section are without prejudice to section 242(3) above, sections 254 and 255 below and any other provision of this Act which, by virtue of the definition of “land” in section 329(1) below, authorises the acquisition of interests in or rights over land.

• (8) References in this section and in sections 251 and 252 below to rights over land include references to —

• (a) the right to take temporary possession or occupation of land, and

• (b) the right to do, or to place and maintain, any thing in, on or under land, or in the air-space above its surface.

Rights acquired to be binding on successive owners of the land

251

• (1) Where by a deed or other instrument in which—

• (a) it is stated that it is made in pursuance of a compulsory acquisition of rights by virtue of section 250 above; or

• (b) it is certified by a highway authority that the instrument is made in connection with the performance of their functions under this Act,

any person having an interest in the land grants or agrees to grant to a highway authority any right over the land, the grant or agreement is binding upon his successors in title and persons deriving title under him or them (otherwise than by a disposition taking effect before the date of the grant) to the same extent as it is binding upon the grantor, notwithstanding that it would not have been binding upon such persons apart from this subsection.

• (2) Where by a deed poll under any provision of the Act of 1965 a highway authority vest in themselves any right over land as against some person having an interest in the land, that right is binding upon that person’s successors in title and persons deriving title under him or them (otherwise than by a disposition taking effect before the date of the deed poll) to the same extent as it is, or would have been, binding upon the first-mentioned person.

• (3) The foregoing provisions of this section apply whether or not (apart from this section) the right in question is capable in law of binding interests in the land other than the interest of the grantor or, as the case may be, the person first-mentioned in subsection (2) above.

• (4) Where under any provisions of this Act any right conferred by a deed or other instrument to which subsection (1) or (2) above applies is transferred from one highway authority to another, this section applies after the transfer in relation to the other highway authority as it applied before the transfer to the first-mentioned authority.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of landowner affected by rights acquisition to compel acquisition of whole interest

252

• (1) The following provisions have effect where there has come into force a compulsory purchase order made by a highway authority in the exercise of highway land acquisition powers and providing for the acquisition of a right over land and notice to treat in respect of the right has been served on a person having an interest in the land.

• (2) A person for the time being entitled to that interest (“the landowner”) may, at any time within 6 weeks of service of the notice to treat, or such longer period as may be agreed in writing by the highway authority, but so long only as the notice has not been withdrawn, serve on the highway authority a counter-notice requiring them, instead of acquiring the right in question, to acquire instead his interest so far as it subsists in the land which is shown in the notice to treat as that over which the right is to be acquired.

• (3) As from the date of service of the landowner’s counter-notice—

• (a) the compulsory purchase order shall, as against the landowner, cease to have effect so far as it authorises the acquisition of the right in respect of which the counter-notice was served and shall have effect instead so as to authorise the authority to acquire compulsorily the landowner’s interest in the land referred to in subsection (2) above; and

• (b) the notice to treat referred to in subsection (1) above shall be deemed to have been served (on the date on which it was in fact served) in respect of the said interest, instead of in respect of the right (without prejudice to the authority’s power under section 31 of the Land Compensation Act 1961 to withdraw the notice).

• (4) Nothing in this section prevents the highway authority from exercising any powers (and, in particular, any power of entry) which they have by virtue of having served notice to treat; and the operation of subsection (3) above does not prejudice any such power of the authority either as respects a previous exercise of it or as respects its continuance by virtue of sub-section (3)(b).

Agreements as to use of land near highways

253

• (1) For the purpose of mitigating any adverse effect which the construction, improvement, existence or use of a highway has or will have on the surrounding of the highway, the highway authority may enter into an agreement with any person interested in land adjoining or in the vicinity of the highway for restricting or regulating the use of the land either permanently or during such period as may be specified in the agreement.

Any such agreement may, in particular, make provision for the planting and maintenance of trees, shrubs or plants of any other description on the land and for restricting the lopping or removal of trees, shrubs or other plants on the land.

• (2) An agreement under this section may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the highway authority to be necessary or expedient for the purposes of the agreement.

• (3) The provisions of any agreement made under this section with any person interested in land are binding on persons deriving title from that person in respect of the land.

• (4) An agreement under this section is a local land charge.

• (5) This section is without prejudice to section 106 of the Town and Country Planning Act 1990 (agreements regulating development or use of land).

Compulsory acquisition for certain purposes of rights in land belonging to local authorities etc.

254

• (1) Subject to the provisions of this section, an order made, or made and confirmed, in the like manner and subject to the like conditions as an order authorising compulsory acquisition of land under section 239 above may authorise a highway authority to acquire compulsorily, subject to such conditions (including conditions as to the persons by whom any works are to be constructed or maintained) as may be imposed by the order, a right upon, under or over any land which is the property of a local authority or which has been acquired, for the purposes of their undertaking, by statutory undertakers, if the acquisition is—

• (a) for the purposes of the construction of a bridge or of the approaches to a bridge (not including the reconstruction or alteration of the bridge or approaches in existence at the date of the order) upon, under or over such land;

• (b) for the purposes of the execution of any works (other than the reconstruction of a bridge on a different site) for the maintenance, improvement or alteration of the bridge or of the approaches to a bridge transferred to the Minister or a strategic highways company by virtue of section 266 below or transferred to a special road authority other than the Minister or a strategic highways company by virtue of section 267 below; or

• (c) for the purposes of any system of road drainage;

and, nothing in Part III of, or Schedule 3 to, the Acquisition of Land Act 1981 shall prevent the acquisition of any such right.

• (2) The power to acquire a right compulsorily conferred by subsection (1) above may be exercised—

• (a) if the acquisition is for a purpose specified in that subsection in connection with a trunk road in a London borough,. . . by the council of that borough and. . . as well as by the Ministeror a strategic highways company, and

• (b) if the acquisition is for a purpose so specified in connection with any other trunk road, by the council of the county or metropolitan district in which the road is situated as well as by the Ministeror a strategic highways company.

• (3) An order authorising the compulsory acquisition of a right under this section shall be made subject to such conditions as the Minister, after consultation with the local authority or statutory undertakers from whom the right is to be acquired, considers necessary for securing—

• (a) that the bridge or approaches to be constructed, reconstructed or altered, as the case may be, will be so designed, placed and constructed, or so reconstructed or altered, or

• (b) that the drainage system to be provided will be so designed, placed and constructed,

as to avoid unreasonable interference with the functions and future development of the body concerned.

• (4) An order authorising the compulsory acquisition under this section of a right for the purposes of a system of road drainage shall be made subject to such conditions as the Minister considers necessary for securing that no highway is drained—

• (a) into any watercourse under the control of an , the Environment Agency or the Natural Resources Body for Wales without the consent of that body, orthe National Rivers Authority without the consent of that board or that Authority, or

• (b) into any reservoir, river, canal, dock, harbour, basin, culvert, sewer, syphon or other work which belongs to or is under the jurisdiction of a local authority or statutory undertakers without the consent of that authority or those undertakers.

• (5) Nothing in this section authorises the compulsory acquisition of a right upon, under or over any land for the purposes of the construction of a bridge under or over the Manchester Ship Canal; but this subsection does not prevent the acquisition of such a right if the acquisition is—

• (a) for the purposes of the construction of a bridge for which provision is made by any such order as is mentioned in section 106(1) above, or

• (b) for the purposes of the execution of any works (other than the reconstruction of a bridge on a different site) for the maintenance, improvement or alteration of a bridge tranferred to the Ministeror a strategic highways company by virtue of section 266 below.

• (6) For the purposes of this section and section 255 below—

• “local authority” has the same meaning as in the Acquisition of Land Act 1981, and

• 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 are to be deemed to be statutory undertakers.

• (6ZA) In its application to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, subsection (1) of this section shall be construed as if for the words “or which has been acquired, for the purposes of their undertaking, by statutory undertakers” there were substituted the words “or of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 and which, in the case of such a person, is being held or used for the purpose of carrying out activities authorised by the licence”;

• (6A) In its application to a universal service provider, subsection (1) of this section shall be construed as if for the words “or which has been acquired, for the purposes of their undertaking, by statutory undertakers” there were substituted the words “or of a universal service provider and which, in the case of a universal service provider, is being held or used for any purpose in connection with the provision of a universal postal service”.

Liability for certain expenses resulting from order under section 254

255

• (1) Subject to the provisions of this section, an order authorising the compulsory acquisition of a right by a highway authority under section 254 above for a purpose specified in section 254(1)(a) or (b) shall, except so far as may be otherwise agreed, provide that the bridge or approaches to which the order relates is to be constructed, reconstructed or altered, as the case may be, and maintained, at the expense of the highway authority.

• (2) Where an order is made authorising the compulsory acquisition of a right by a highway authority under section 254 above for the purpose of substituting a bridge for a level crossing over a railway, the expenses of the construction and maintenance of the bridge and of the approaches to the bridge shall, subject to subsection (3) below, be defrayed either—

• (a) wholly by the highway authority, or

• (b) partly by the highway authority and partly by the person from whom the right is acquired (hereafter in this section referred to as “the railway owners”) as, in default of agreement, may be determined by arbitration.

• (3) Unless otherwise agreed—

• (a) the railway owners’ share of the expenses of such construction and maintenance, except so much of those expenses as is attributable to works executed at the instance of the railway owners for the improvement of their undertaking, shall be an amount equivalent to the saving to the railway owners estimated to result from the substitution of a bridge for the level crossing; and

• (b) any additional expense incurred by the railway owners by reason of any alteration of a railway due to the provisions of the order, other than provisions applied for by the railway owners for the improvement of their undertaking, shall be defrayed by the highway authority.

• (4) Where by virtue of an agreement or award made under subsection (2) above the railway owners are required to contribute to the expenses of a highway authority the contribution shall, at the option of the railway owners, be paid—

• (a) as a lump sum, or

• (b) by annual payments of such amount, and continuing for such number of years, as may be agreed between the railway owners and the highway authority or, in default of agreement, as may be determined by arbitration, or

• (c) by perpetual annual payments of such amount as may be so agreed or determined.

• (5) Where by means of an order authorising a compulsory acquisition under section 254 above a highway authority acquire a right from a local authority or statutory undertakers any additional expense which, in consequence of—

• (a) the construction, reconstruction or alteration of the bridge to which the order relates, or of the approaches to that bridge, or

• (b) the construction of the drainage system to which the order relates,

is thereafter incurred by the local authority or statutory undertakers in connection with the widening or alteration, on land which was vested in them before the making or confirmation of the order, of any railway, canal, inland navigation, dock, harbour, works or apparatus belonging to them, shall be defrayed by the highway authority.

• (6) Any question whether any such additional expense as is mentioned in subsection (5) above has been incurred as there mentioned, or as to the amount of any such additional expense, shall, in default of agreement, be determined by arbitration.

• (7) An order authorising the compulsory acquisition of a right by a highway authority under section 254 above for the purposes of a system of road drainage shall, except so far as may be otherwise agreed, provide that the system is to be constructed and maintained at the expense of the highway authority.

Exchange of land

Power to exchange land to adjust boundaries of highways

256

• (1) Subject to the provisions of this section, the highway authority for any highway maintainable at the public expense may, for the purpose of straightening or otherwise adjusting the boundaries of the highway, enter into an agreement with the owner of any land which adjoins or lies near to the highway providing for the exchange of any such land for land on which the highway is situated, with or without the payment by either party of money for equality of exchange.

• (2) A highway authority proposing to enter into an agreement under this section shall—

• (a) publish once at least in each of 2 successive weeks, in one or more newspapers circulating in the area concerned, a notice giving particulars of the proposed agreement; and

• (b) not later than the date on which the notice is first published in pursuance of paragraph (a) above (“the publication date”), serve a copy of the notice—

• (i) on any statutory undertakers appearing to the authority to be affected by the proposal; and

• (ii) on any other person appearing to the authority to have an interest in the land proposed to be conveyed by the authority; and

• (c) not later than the publication date, cause a copy of the notice to be displayed in a prominent position on the part of the highway to which the proposal relates;

and shall not enter into the proposed agreement before the expiration of the period of 2 months from the publication date and, where an appeal under subsection (3) below is brought against the proposed agreement, until the determination or abandonment of the appeal and of any appeal arising out of that appeal.

• (3) Any person who objects to a proposed agreement under this section may, before the expiration of the period aforesaid, appeal to a magistrates’ court against the proposed agreement; and the court shall, after considering any representations made by or on behalf of any party to the appeal and the desirability in the public interest of the proposed agreement, either dismiss the appeal or order the highway authority not to enter into the proposed agreement (without prejudice to the power of the authority to make the same proposal on a subsequent occasion).

• (4) Where any land on which a highway is situated falls to be conveyed by the highway authority in pursuance of an agreement under this section, then—

• (a) if the land belongs to the highway authority, nothing in this section dispenses with any consent of a government department which, under any enactment, is required for the conveyance, but where such consent is given or is not required the conveyance of the land by the authority operates, by virtue of this paragraph, to extinguish the public right of way over the land;

• (b) if the land does not belong to the highway authority, the authority may convey the land in accordance with the agreement and the conveyance operates, by virtue of this paragraph, to vest the land in the transferee for an estate in fee simple freed and discharged (subject to subsections (6) and (7) below and section 334(2) below) from all other estates, interests, rights and charges, including the public right of way, which subsisted in, over or on the land immediately before the conveyance.

• (5) Where by virtue of subsection (4)(b) above any person suffers damage by being deprived of such an estate, interest, right or charge as is there mentioned, other than the public right of way, the highway authority shall pay him compensation equal to the amount of the damage.

• (6) Where immediately before the conveyance of any land by a highway authority in pursuance of this section there is under, in, upon, over, along or across the land any apparatus belonging to or used by statutory undertakers for the purposes of their undertaking Part II of Schedule 12 to this Act applies to the land.

• (6A) In this section “ statutory undertakers ” includes operators of driver information systems

• (7) Nothing in this section affects any mines or minerals under a highway.

Further provisions with respect to acquisition procedure for exercise of highway land acquisition powers

Compulsory acquisition proceedings taken concurrently with other related proceedings, etc.

257

• (1) Where a compulsory purchase order is made or proposed to be made in the exercise of highway land acquisition powers—

• (a) for the purpose of enabling one or more of the orders and schemes to which Schedule 1 to this Act applies (“the related instruments”) to be implemented when it or they become operative, or

• (b) for a purpose connected with a highway or proposed highway to which one or more of the related instruments relate,

the proceedings required by Acquisition of Land Act 1981 to be taken for the purpose of confirming or making the compulsory purchase order may be taken concurrently (so far as practicable) with the proceedings required by Schedule 1 to this Act to be taken for the purpose of confirming or making the related instrument or, as the case may be, with two or more of the proceedings thereby required to be taken for the purpose of confirming or making the related instruments.

• (2) Where—

• (a) a compulsory purchase order is made or proposed to be made in the exercise of highway land acquisition powers for the purpose of the provision of a new means of access to any premises, and

• (b) an order under section 124 above authorising the stopping up of a means of access to those premises is made or proposed to be made in connection with the provision of the new means of access,

the proceedings required by Acquisition of Land Act 1981 to be taken for the purpose of confirming or making the compulsory purchase order may be taken concurrently (so far as practicable) with the proceedings required by section 124 to be taken for the purpose of confirming or making the order under that section.

• (3) A compulsory purchase order made in the exercise of highway land acquisition powers for a purpose specified in column 1 of Schedule 20 to this Act may come into operation on the same day as any order or scheme specified in relation thereto in column 2 of that Schedule.

• (4) The Minister of Transport may make regulations for securing that proceedings required by Acquisition of Land Act 1981 to be taken in respect of the compulsory acquisition of any land—

• (a) for the purpose of enabling a highway authority or the owners of a bridge to comply with a requirement or direction contained in an order made under section 93 above, or

• (b) for the purpose of providing or improving a cattle-grid or by-pass in the exercise of powers conferred by this Act,

may be taken concurrently (so far as practicable) with proceedings required to be taken for the purposes of the order under section 93 or, as the case may be, the purposes of the determination under Schedule 10 to this Act of a question relating to the provision of the cattle-grid or by-pass.

Provisions relating to objections to compulsory purchase orders

258

• (1) Where proceedings required by Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 to be taken in respect of a compulsory purchase order made or proposed to be made in the exercise of highway land acquisition powers for a purpose specified in column 1 of Schedule 20 to this Act are taken after the confirmation or making by the Minister of an order or scheme specified in relation thereto in column 2 of that Schedule, then—

• (a) in the case of a compulsory purchase order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly,

• (b) in any other case, the Minister,

may disregard for the purposes of the said Schedule 1 any objection to the compulsory purchase order or draft thereof, as the case may be, which in his or their opinion amounts in substance to an objection to that order or scheme.

• (2) Where objections to a compulsory purchase order made or proposed to be made in the exercise of highway land acquisition powers for purposes connected with the construction, improvement, diversion or alteration of a highway are to be the subject of a local inquiry or considered by a person appointed by the Minister, or by the Minister and the Secretary of State acting jointly, the Minister or, as the case may be, those Ministers may, by notice served on the persons making such objections or by the notice announcing the holding of the inquiry or hearing, direct that any person who intends at the inquiry to submit—

• (a) that any highway or proposed highway to which the order relates should follow an alternative route, or

• (b) that, instead of improving, diverting or altering a highway to which the order relates, a new highway should be constructed on a particular route,

shall send to the Minister within such period as may be specified in the notice, being a period of not less than 14 days and ending not less than 14 days before the date fixed for the holding of the inquiry or hearing, sufficient information about the alternative route or the route of the new highway, as the case may be, to enable it to be identified.

• (3) Where the Minister or the Minister and the Secretary of State acting jointly have given a direction under subsection (2) above in relation to an inquiry or hearing, the person holding the inquiry or hearing and the Minister or, as the case may be, those Ministers may disregard so much of any objection as consists of a submission to which the direction applies unless the person making the objection has complied with the direction.

Power to confirm, etc., compulsory purchase order in part and postpone consideration of remainder

259

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Clearance of title to land acquired for statutory purposes

260

• (1) There may be included in a compulsory purchase order made by a highway authority in the exercise of highway land acquisition powers land in which the authority have already acquired interests by agreement in the exercise of such powers.

• (2) Where land is included in a compulsory purchase order as mentioned above, it is to be treated as subject to compulsory purchase for the purposes of the Act of 1965, and that Act shall apply accordingly, except as respects—

• (a) the conveyance to the acquiring authority of any interest which they have acquired by agreement before the date of the coming into force of the compulsory purchase order; and

• (b) compensation, so far as already paid or the subject of agreement.

• (3) Where—

• (a) in the exercise of powers conferred by section 239(4)(c) above, a special road authority have acquired land for the provision of a service area, or

• (b) in the exercise of powers conferred by section 240(3)(a) above, the Ministeror a strategic highways company has acquired land for the provision of a trunk road picnic area, or

• (c) in exercise of powers conferred by section 240(5) above, a highway authority have acquired land for the provision of a lorry area,

subsection (4) below has effect with respect to any activities carried on on the land in the course of its use for the purposes of a service area, trunk road picnic area or lorry area, as the case may be.

• (4) Any such activities are, as against a person who apart from the acquisition would have had a right to restrain such activities, or a right the exercise of which would be calculated to interfere with them, to be treated as activities of the authority in question (that is to say, the special road authority, the Minister, strategic highways company or the highway authority, as the case may be) carried on under statutory powers, notwithstanding that they are carried on by other persons under contract to the authority or otherwise.

Special compensation provisions as respects certain compulsory acquisitions for highway purposes

Benefit to vendor to be taken into account in assessing compensation on certain compulsory acquisitions for highway purposes

261

• (1) Subject to subsection (3) below, in assessing the compensation payable in respect of the compulsory acquisition of land by a highway authority under section 239 above (except subsection (6) thereof), section 240 above, section 246 above or section 250(2) above, the Upper Tribunal—

• (a) shall have regard to the extent to which the remaining contiguous lands belonging to the same person may be benefited by the purpose for which the land is authorised to be acquired;

• (b) without prejudice to the generality of paragraph (a) above, shall in the case of land authorised to be acquired for widening a highway set off against the value of the land to be acquired any increase in the value of other land belonging to the same person which will accrue to him by reason of the creation of a frontage to the highway as widened; and

• (c) shall take into account, and embody in its award, any undertaking given by the highway authority as to the use to which the land, or any part of it, will be put.

• (2) Without prejudice to subsection (1) above, in assessing the compensation payable on a compulsory acquisition by virtue of section 252(3)(a) above the Upper Tribunal shall take into account, and embody in its award, any undertaking given by the acquiring authority as to rights of user or occupation, or other rights, which they are willing to accord to the landowner (or to him and his successors) as respects the land referred to in section 252(2) above.

• (3) Where a highway authority, by virtue of section 250(1) above, compulsorily acquire rights under section 239 above (except subsection (6) thereof), section 240 above or section 246 above, then in assessing the compensation payable in respect of the acquisition the Upper Tribunal—

• (a) shall have regard to the extent to which the land over which the right in question is, or is to be, acquired, or any contiguous land belonging to the same person, may be benefited by the purpose for which the right may be authorised to be acquired;

• (b) shall, in the case of a right acquired, or to be acquired, in connection with the widening of a highway, take into account as abatement of compensation any increase in the value of the land, or of other land belonging to the same person, which will accrue by reason of the creation of a frontage to the highway as widened; and

• (c) shall take into account, and embody in its award, any undertaking given by the highway authority as to the manner in which the right will be exercised.

• (4) Where by a compulsory purchase order made in the exercise of a relevant power a highway authority acquire two or more rights over land belonging to the same person, or acquire not only rights (one or more) but also adjoining or adjacent land so belonging, then in applying subsection (1) or subsection (3) above the Upper Tribunal shall consider together the compensation payable in respect of both or all of the rights or, as the case may be, in respect of the right or rights and also the adjoining or adjacent land.

In this subsection “relevant power” means a power under any provision of this Act to which subsection (1) or (3) above relates.

• (5) In assessing the compensation payable in respect of the compulsory acquisition by a highway authority under section 241 above of land lying between an improvement line and the boundary of a street, the Upper Tribunal shall take into account any benefit accruing to the vendor by reason of the improvement of the street except in so far as it may have been previously taken into account in the assessment of compensation payable under section 73(9) above.

• (6) Section 5 of the Land Compensation Act 1961 shall, in its application to compulsory acquisition by a highway authority under a provision to which subsection (1), (3) or (5) above relates, have effect subject to subsection (1), (3) or (5) as the case may be.

Assumptions to be made in assessing compensation on certain compulsory acquisitions of land for service stations etc. and lorry areas for special roads

262

• (1) Where land is compulsorily acquired—

• (a) under section 239(4)(c) above in a case where the acquisition is authorised by a compulsory purchase order which does not also authorise the acquisition of land required for the provision of the adjacent length of special road, or

• (b) in pursuance of a notice under section 137 of the Town and Country Planning Act 1990 (protection of owners of land affected by certain planning decisions) in a case where the Upper Tribunal is satisfied that there are proposals for using the whole or part of the relevant land for such purposes in connection with the special road as are mentioned in section 239(4)(c) above and that the amount of compensation would apart from this section be affected by the provision or proposed provision of the special road, or

• (c) in pursuance of a notice under section 150 or 161 of that Act (protection of owner-occupiers in respect of planning blight) in a case where the appropriate enactment for the purposes of section 154 of that Act is or includes section 239(4)(c) above,

then subsection (3) below applies for the purpose of assessing compensation in respect of the compulsory acquisition.

• (2) Where there are proposals for the provision of a lorry area on land adjoining, or in the vicinity of, a special road or proposed special road then, if that land, or any land of which that land forms part, is compulsorily acquired—

• (a) under section 240(5) above in a case where the acquisition is authorised by a compulsory purchase order which does not also authorise the acquisition of land required for the provision of the adjacent length of special road, or

• (b) in pursuance of a notice under section 137 of the Town and Country Planning Act 1990, in a case where the Upper Tribunal is satisfied that there are proposals for using the whole or part of the relevant land for the purpose of providing a lorry area, in connection with the special road, and that the amount of the compensation would apart from this section be affected by the provision or proposed provision of the special road, or

• (c) in pursuance of a notice under section 150 or 161 of that Act in a case where the appropriate enactment for the purposes of section 154 of that Act is or includes section 240(5) above,

subsection (3) below applies for the purpose of assessing compensation in respect of the compulsory acquisition.

• (3) In any such case as is mentioned in subsection (1) or (2) above the value of the relevant interest shall be ascertained—

• (a) so far as it is attributable to any relevant planning permission, on the assumption that traffic carried by the special road will not have direct or indirect access to the relevant land; and

• (b) so far as it is not attributable to any such planning permission, on the assumption that traffic carried by the special road will not have direct access to the relevant land.

• (4) In this section—

• “direct access” means access otherwise than by means of a highway which is not a special road and “indirect access” means access by means of a highway which is not a special road;

• “lorry area development” means development for the purpose of providing a lorry area for use in connection with a special road or proposed special road;

• “relevant planning permission” means any planning permission for service area development or, as the case may be, lorry area development, which is in force on the date of service of the notice to treat, or as to the grant of which any assumption is required to be made by virtue of section 15 of the Land Compensation Act 1961, or the possibility of the grant of which is taken into account in assessing the compensation;

• “service area development” means development of the relevant land, or of any part of it, for the purpose of providing such service stations or other buildings or facilities as are mentioned in section 239(4)(c) above or of providing any other buildings or facilities designed to cater to a significant extent for traffic carried or to be carried by the special road;

and any expression which is also used in the Land Compensation Act 1961 has the same meaning as in that Act.

Vesting of highways etc.

Vesting of highways maintainable at public expense

263

• (1) Subject to the provisions of this section, every highway maintainable at the public expense, together with the materials and scrapings of it, vests in the authority who are for the time being the highway authority for the highway.

• (2) Subsection (1) above does not apply—

• (a) to a highway with respect to the vesting of which, on its becoming or ceasing to be a trunk road, provision is made by section 265 below, or

• (b) to a part of a trunk road with respect to the vesting of which provision is made by section 266 below, or

• (c) to a part of a special road with respect to the vesting of which provision is made by section 267 below.

• (3) Where a scheme submitted to the Minister jointly by two or more ... highway authorities under section 16 above determines which of those authorities are to be the special road authority for the special road or any part of it (“the designated authority”) and the designated authority are not the highway authority for the road or that part of it, the road or that part of it vests in the designated authority.

• (4) Where—

• (a) the responsibility for the maintenance of a bridge or other part of a highway is transferred to a highway authority by means of an order under section 93 above, but the property in it is not so transferred, or

• (b) the responsibility for the maintenance of a part of a highway is transferred to a highway authority in pursuance of an agreement made under section 94 above, but the property in that part is not so transferred,

the part of the highway in question does not by virtue of subsection (1) above vest in that highway authority.

• (5) Notwithstanding anything in subsection (1) above, any such material as is referred to in that subsection which is removed from a highway by a non-metropolitan district council in exercise of their powers under section 42, 50 or 230(7) above vests in the district council and not in the highway authority.

Vesting of drains etc. of certain roads

264

• (1) The drains belonging to a road for which the council of a county or metropolitan district are the highway authority vest in the council of the county or metropolitan district in which the road is situated and where any other drain or any sewer was at the material date used for any purpose in connection with the drainage of such a road, that council continue to have the right of using the drain or sewer for that purpose.

For the purposes of this subsection the material date is—

• (a) in the case of any highway which first became maintainable at the public expense before the commencement of this Act, the date on which it first became so maintainable or 1st April 1974, whichever date was later; and

• (b) in the case of any highway which first becomes maintainable at the public expense after the commencement of this Act, the date on which it first becomes so maintainable.

• (2) The drains belonging to a highway—

• (a) which immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; and

• (b) which did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act,

vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose.

• (3) Any difference arising under this section—

• (a) between a county council and a non-metropolitan district council—

• (i) as to the council in whom a drain is vested, or

• (ii) as to the use of a drain or sewer;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) between a county council , metropolitan district council or London borough council or the Common Council, on the one hand, and a sewerage undertaker, on the other, as to the use of a sewer;

shall, if either party to the dispute so elect, be referred to and determined by the Secretary of State.

• (4) Subsection (3)(a) above does not apply in Wales.

Transfer of property and liabilities on change of status of highway etc.

Transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road

265