Highways Act 1980

Section 184.

SCHEDULE 14 E+W Provisions with Respect to Notices Under Section 184

1 E+W A person on whom a notice under section 184(1) or (3) of this Act is served may within 28 days from the date of his being served therewith object to the notice on any of the following grounds which are appropriate in the circumstances of the particular case:—

(a) that the notice is not justified by the terms of section 184(1) or (3);

(b) that there has been some defect or error in, or in connection with, the notice;

(c) that the proposed works are unreasonable in character or extent, or are unnecessary;

(d) that the conditions imposed by the notice are unreasonable;

(e) that some other person having an interest in the premises also habitually takes or permits to be taken a mechanically propelled vehicle across the footway or verge and should be required to defray part of the expenses of executing the proposed works;

(f) that the authority are not entitled to serve the notice by reason of section 184(2);

(g) that a person carrying out or proposing to carry out such a development as is referred to in section 184(3) offers to execute the works himself.

2 E+W An objection under paragraph 1 above shall be made by notice to the highway authority, and the notice shall state the grounds of objection.

3 E+W Where objection is made to a notice given by a local highway authority under section 184(1) or (3), that authority shall send a copy of the notice and of the notice of objection to the Minister.

4 E+W If objection is made to such a notice and the objection is not withdrawn the notice does not become effective until it has been confirmed by the Minister, and the Minister after considering the objection may confirm the notice without modification or subject to such modifications as he thinks fit.

5 E+W Subject to paragraph 4 above, such a notice becomes effective at the expiration of the period during which the person served therewith may object to it.