Highways Act 1980

197 Power to require removal or alteration of work not in conformity with byelaws. E+W

(1) If any work to which new street byelaws are applicable contravenes any of those byelaws, the county council, [F1 metropolitan district council or] London borough council or, as the case may be, the Common Council, without prejudice to their right, if any, to take proceedings for a fine, may by notice require any person by whom, or on whose behalf, the work was executed either to remove the work or, if he so elects, to effect such alterations in it as may be necessary to make it comply with the byelaws.

(2) If, in any case in which new street byelaws require plans of a new street to be deposited with the council of a county [F2 metropolitan district] or London borough, or the Common Council, the council concerned are of opinion that a new street in their area forms or will form such a way as is referred to in section 193(1)(a) or (b) above, and any work to which those byelaws are applicable is executed without plans having been passed, the council may, without prejudice to their right, if any, to take proceedings for a fine, by notice to any person by whom or on whose behalf the work was executed either—

(a) require him to remove the work, or

(b) require him either to remove the work or, if he so elects, to comply with any condition specified in the notice, being a condition which they could have imposed under section 193 above as a condition of the passing of plans deposited in accordance with the byelaws.

For the purposes of this subsection plans are to be deemed to have been passed if notice of their rejection was not given within the appropriate period from the deposit of them.

(3) If in a case falling within section 193 above any work to which new street byelaws are applicable is executed otherwise than in accordance with any condition imposed under that section, the council of the county [F2 metropolitan district council] or London borough or, as the case may be, the Common Council may, without prejudice to their right to take proceedings for a fine, by notice to any person by whom or on whose behalf the work was executed either—

(a) require him to remove the work, or

(b) require him either to remove the work, or if he so elects, to comply with any other condition specified in the notice, being a condition which they could have imposed under section 193 above as a condition of the passing of plans deposited in accordance with the byelaws.

(4) A person aggrieved by a requirement of a council under the foregoing provisions of this section may appeal to a magistrates’ court.

(5) Subject to any order made on appeal, if a person to whom a notice has been given under the foregoing provisions of this section fails to comply with the notice before the expiration of 28 days from the date of the service of the notice on him, or such longer period as a magistrates’ court may on his application allow, the council by whom the notice was given may remove the work in question, or effect such alterations in it as they deem necessary, and may recover from him the expenses reasonably incurred by the council in so doing.

(6) No notice under subsection (1) or subsection (2) or subsection (3) above shall be given after the expiration of 12 months from the date of the completion of the work in question, and it is not open to a council to give a notice under subsection (1) above in a case where plans have been deposited, if—

(a) either the plans were passed by the council, or notice of their rejection was not given within the appropriate period from the deposit of them, and

(b) the work has been executed in accordance with the plans and with any condition imposed under section 193(1) above.

(7) Nothing in this section affects the right of a council or of the Attorney-General, or of any other person, to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any byelaws; but if—

(a) the work is one in respect of which plans were deposited and either the plans were passed by the council or notice of their rejection was not given within the appropriate period from the deposit of them, and

(b) the work has been executed in accordance with the plans,

the court on granting an injunction may order the council to pay to the owner of the work such compensation as the court thinks just.

(8) Before making any order for compensation under subsection (7) above the court shall, in accordance with rules of court, cause the council, if not a party to the proceedings, to be joined as a party.

Textual Amendments

F1 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 32

F2 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 7