Highways Act 1980

• (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

• (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—