Housing Act 1988

69 Highways. E+W

(1) When any street works have been executed in a private street (or part of a private street) in a designated area, the housing action trust may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the M1 Highways Act 1980 is a highway maintainable at the public expense.

(2) Within the period of two months beginning on the date of the service of a notice under subsection (1) above, the street works authority may appeal against the notice to the Secretary of State on grounds relating to all or any of the following matters—

(a) the construction of the street (or part);

(b) its design;

(c) its layout; and

(d) the state of its maintenance.

(3) After considering any representations made to him by the housing action trust and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the notice under subsection (1) above (with or without modifications).

(4) Where, under subsection (3) above, the Secretary of State confirms a notice,—

(a) he may at the same time impose conditions (including financial conditions) upon the housing action trust with which the trust must comply in order for the notice to take effect, and

(b) the highway (or part) shall become a highway maintainable at the public expense with effect from such date as the Secretary of State may specify.

(5) Where a street works authority neither complies with the notice under subsection (1) above, nor appeals under subsection (2) above, the street (or part) concerned shall become a highway maintainable at the public expense upon the expiry of the period of two months referred to in subsection (2) above.

(6) In this section “private street” and “street works authority” have the same meanings as in Part XI of the M2 Highways Act 1980.

Marginal Citations

M1 1980 c. 66.

M2 1980 c. 66.