Highways Act 1980

151 Prevention of soil etc. being washed on to street. E+W

(1) A competent authority may, by notice to the owner or occupier of any land adjoining a street which is a highway maintainable at the public expense, require him, within 28 days from the date of service of the notice, to execute such works as will prevent soil or refuse from that land from falling, or being washed or carried, on to the street or into any sewer or gully in it in such quantities as to obstruct the street or choke the sewer or gully.

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

(a) in relation to a street outside Greater London, the highway authority for the street and also [F1 , if the street is situated in a non-metropolitan district, the council of that district; and]

(b) in relation to a street within Greater London, the council of the London borough in which the street is situated or, if it is situated in the City of London, the Common Council F2 . . .

[F3 (1A) In relation to a street in Wales, the competent authorities for the purposes of this section are the highway authority for the street and, if different, the Welsh council in whose area the street is situated.]

(2) A person aggrieved by a requirement under this section may appeal to a magistrates’ court.

(3) Subject to any order made on appeal, if a person on whom a notice is served under this section fails to comply with it within the period specified in subsection (1) above, he is guilty of an offence and liable to a fine not exceeding [F4 level 3 on the standard scale]; and if the offence is continued after conviction, he is guilty of a further offence and liable to a fine not exceeding £1 for each day on which the offence is so continued.

Textual Amendments

F1 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 26

F2 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F3 S. 151(1A) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 13 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F4 Words in s. 151(3) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35, 37, 38, 46 (with s. 47)