Highways Act 1980

223 Determination to cease to have effect when plans not proceeded with. E+W

(1) Where, on the occasion of the deposit of plans for the erection of a building, 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 [F1 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.

(2) Where by virtue of subsection (1) 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.

(6) Where the advance payments code is in force in the whole or any part of a [F2 non-metropolitan] district, the district council, in any case to which this section may be applicable, shall within one week inform the county council of the happening of any of the following events:—

(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.

[F3 (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.]

Textual Amendments

F1 Words substituted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 21

F2 Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s.8, Sch. 4 para. 35

F3 S. 223(7) added (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para.22 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

Modifications etc. (not altering text)

C1 Ss. 221–223 modified by Building Act 1984 (c. 55, SIF 15), ss. 48(2)(3), 49(8)