Town and Country Planning (Scotland) Act 1947

45 Construction and improvement of private streets, etc.

(1) The provisions of this section shall apply in relation to any land defined by a development plan as the site of a proposed road or as land required for the widening of an existing road.

(2) In relation to any such land as aforesaid situated in the landward area of a county the provisions of sections one hundred and thirty-three to one hundred and thirty-five, sections one hundred and thirty-seven to one hundred and forty-three, sections one hundred and fifty, one hundred and fifty-one and one hundred and fifty-four of the [55 & 56 Vict. c. 55.] Burgh Police (Scotland) Act, 1892, and the provisions of sections sixteen to twenty-two of the [3 Edw. 7. c. 33.] Burgh Police (Scotland) Act, 1903 (which relate to private streets, the laying out of new streets and the improvement of streets), shall apply, subject to such adaptations and modifications as may be necessary, as if the land were a street to which those provisions apply.

(3) In relation to any such land as aforesaid situated in a burgh to which the provisions of the Burgh Police (Scotland) Acts, 1892 to 1903, apply, the provisions of sections one hundred and fifty-one and one hundred and fifty-four of the Burgh Police (Scotland) Act, 1892 (which relate to the laying out and improvement of streets) shall have effect, subject to such adaptations and modifications as may be necessary, as if the .land were a street to which those provisions apply, and in relation to any such land as aforesaid situated in any other burgh, the corresponding provisions of any local enactments shall have effect, subject to such adaptations and modifications as may be necessary, as if the land were a street to which the provisions of those enactments apply.

(4) Regulations may be made under this section for the purpose of securing—

(a) that the amount of the expenses incurred by a local highway authority and charged by them on the owners of land, frontagers or other persons under the' provisions of the enactments referred to in the last foregoing subsection shall not exceed the amount which would at the date of the commencement of the works have been the cost of the execution of street works in the course of the construction, widening or improvement if it had been carried out so as to comply with any enactments, byelaws, or regulations in operation in the area and, as respects matters for which no provision is made in any such enactments, byelaws or regulations, so as to comply with such specification as the local highway authority would at the date of the commencement of the works have required as a condition of taking over the street as a street maintainable by that authority;

(b) that as soon as the street has been made up or widened by or to the satisfaction of the local highway authority it shall become a street maintainable by that authority;

(c) that no expenses incurred in the execution of any street works shall be recoverable against agricultural land or buildings until the land or buildings cease to be agricultural land or buildings;

(d) that no expenses incurred in the execution of street works for the purpose of making a new street shall be recoverable in respect of any land (whether the site of a building or not) unless and until access is provided for and used by persons or vehicles from that land to the new street.

(5) Regulations made under this section may also provide—

(a) for the inclusion in the expenses recoverable as aforesaid in respect of street works carried out by the local highway authority of any expenses incurred by a local authority, after the date on which the land is defined and designated as mentioned in subsection (1) of this section, and before a street is constructed on the land, in the construction of sewers in or under the land; and

(b) for authorising the local highway authority to enter on any land adjoining the street for the purpose of executing street works on land comprised in the street.

(6) In this section the following expressions have the meanings hereby respectively assigned to them, that is to say—

• " agricultural land " has the like meaning as is assigned ' to the expression " agricultural lands and heritages " by section nine of the [18 & 19 Geo. 5. c. 44.] Rating and Valuation (Apportionment) Act, 1928, and " agricultural buildings " means buildings (other than dwelling houses) occupied together with agricultural land and used solely in connection with agricultural operations thereon;

• " construction " and " improvement ", in relation to a street, include the planting, laying out, maintenance and protection of trees, shrubs and grass margins in and beside the street;

• " street works " means the sewering, levelling, paving, metalling, flagging, channelling and making good a street or part of a street and providing proper means of lighting therefor.