- Latest available (Revised)
- Original (As enacted)
Highways Act 1980, Section 115E is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subject to subsections (2) to [F2(5)] below, a council may grant a person permission—
(a)to do on, in or over a highway to which this Part of this Act applies anything which the council could do on, in or over such a highway under section 115B(1) to (3) or 115C above; or
(b)to use objects or structures on, in or over a highway to which this Part of this Act applies—
(i)for a purpose which will result in the production of income;
(ii)for the purpose of providing a centre for advice or information; or
(iii)for the purpose of advertising.
(2)A council may not grant a person permission under subsection (1)(a) above to place an object or structure on, in or over a highway to which this Part of this Act applies—
(a)for a purpose which will result in the production of income; or
(b)for the purpose of providing a centre for advice or information,
unless they have first obtained the consent of the frontagers with an interest—
(i)to the placing of the object or structure;
(ii)to the purpose for which it would be placed; and
(iii)to the proposed grant of permission.
(3)A council may not grant a person permission to do anything which the council could only do under section 115C above unless they have first obtained the consent of the frontagers with an interest.
(4)A council may not grant a person permission—
(a)to carry out works on, in or over a walkway;
(b)to place an object or structure on, in or over a walkway; or
(c)to provide, maintain or operate facilities for recreation or refreshment or both on a walkway,
unless they have first obtained walkway consent.]
[F3(5)A council may not under this section grant a person permission to do anything which is capable of being authorised by a pavement licence under section 1 of the Business and Planning Act 2020.]
Textual Amendments
F1Pt. VIIA (ss. 115A–115K) inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 20, Sch. 5 para. 1
F2Word in s. 115E(1) substituted (31.3.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 11(2) (with s. 247, Sch. 22 paras. 18, 19); S.I. 2024/389, reg. 2(u)
F3S. 115E(5) inserted (31.3.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 11(3) (with s. 247, Sch. 22 paras. 18, 19); S.I. 2024/389, reg. 2(u)
Modifications etc. (not altering text)
C1S. 115E(2) applied by City of London (Various Powers) Act 1987 (c. xv) 11B(2) (as inserted (18.12.2013) by City of London (Various Powers) Act 2013, (c. vii), s. 9)
C2S. 115E(3) applied by City of London (Various Powers) Act 1987 (c. xv) 11B(2) (as inserted (18.12.2013) by City of London (Various Powers) Act 2013, (c. vii), s. 9)
C3S. 115E(4) applied by City of London (Various Powers) Act 1987 (c. xv) 11B(2) (as inserted (18.12.2013) by City of London (Various Powers) Act 2013, (c. vii), s. 9)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: