Highways Act 1980

183 Appeal against certain decisions of local highway authority under section 181

(1) Where the apparatus in respect of which an application for a licence under section 181 above is made to a local highway authority is to be placed or retained along a line crossing a highway, other than a special road, and not along the line of that highway, any person aggrieved—

(a) by the refusal of that authority to grant him the licence, or

(b) by their refusal to grant him a licence on the application other than a licence containing such a provision as is mentioned in section 181(3(a) above, or

(c) where the application is granted, by any term or condition of the licence granted to him, other than a compulsory condition,

may appeal to the Minister.

(2) Before determining an appeal under this section the Minister may consult any person whose interests are in the opinion of the Minister liable to be affected by anything done in pursuance of the licence to which the appeal relates and shall consider any representations made by the local highway authority.

(3) Where on an appeal under this section the Minister reverses or varies any decision of a local highway authority, it shall be the duty of that authority to give effect to the decision of the Minister.

(4) In this section " compulsory condition " means a condition specified in any paragraph of section 182(1) above and, in the case of a licence granted by virtue of section 181(3)(c) above, the condition which section 182(2) above provides shall be a condition of every such licence.