Highways Act 1980

205 Street works in private streets. E+W

(1) Where a private street is not, to the satisfaction of the street works authority, sewered, levelled, paved, metalled, flagged, channelled, made good and lighted, the authority may from time to time resolve with respect to the street to execute street works and, subject to the private street works code, the expenses incurred by the authority in executing those works shall be apportioned between the premises fronting the street.

(2) Where the authority resolve to execute street works with respect to a part only of the street (other than a part extending for the whole of the length of the street), the expenses incurred by them in executing the works shall be apportioned only between the premises fronting the length of the street which constitutes or comprises that part.

(3) Where an authority have passed a resolution under subsection (1) above, the proper officer of the council shall prepare—

(a) a specification of the street works referred to in the resolution, with any necessary plans and sections,

(b) an estimate of the probable expenses of the works, and

(c) a provisional apportionment apportioning the estimated expenses between the premises liable to be charged with them under the private street works code;

and the specification, plans, sections, estimate and provisional apportionment shall comprise the particulars specified in paragraphs 1 to 4 of Schedule 16 to this Act and shall be submitted to the authority, who may by a further resolution (hereafter in the private street works code referred to as “the resolution of approval”) approve them with or without modification or addition as they think fit.

(4) If, in the case of a street outside Greater London, the street works referred to in the resolution under subsection (1) above include the sewering of the street, the proper officer of the county council shall, when preparing the specification required by subsection (3) above, consult the council of the district in which the street works are to be carried out.

[F1 (4A) In the case of a street in Wales—

(a) subsection (4) above does not apply; but

(b) if the street works referred to in the resolution under subsection (1) above—

(i) are to be carried out in a part of the street which is treated as being in the area of a street works authority other than the local Welsh council for it; and

(ii) include the sewering of the street,

the proper officer of the council which are the street works authority shall, when preparing the specification required by subsection (3) above, consult the local Welsh council for it.]

(5) After the resolution of approval has been passed, a notice containing the particulars specified in paragraph 5 of Schedule 16 to this Act shall—

(a) be published once in each of 2 successive weeks in a local newspaper circulating in the area of the street works authority, and

(b) be posted in a prominent position in or near to the street to which the resolution relates once at least in each of 3 successive weeks, and

(c) within 7 days from the date of the first publication under paragraph (a) above, be served on the owners of the premises shown in the provisional apportionment as liable to be charged;

and during one month from the said date a copy of the resolution of approval, and the approved documents or copies of them certified by the proper officer of the council, shall be kept deposited and open to inspection free of charge at all reasonable hours at the offices of the street works authority and also [F2 , in the case of a street situated in a non-metropolitan district, at the offices of the council of that district][F3 and, in the case of any part of a street in Wales which is treated as being in the area of a street works authority which are not the local Welsh council for it, at the offices of the local Welsh council.

(5A) For the purposes of this section, the local Welsh council for a street in Wales are the council of the county or county borough in which it is situated.]

(6) Where a notice is served on an owner of premises under subsection (5)(c) above it shall be accompanied by a statement of the sum apportioned on those premises by the provisional apportionment.

Textual Amendments

F1 S. 205(4A) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 18(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F2 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8 Sch. 4 para. 34

F3 Words in s. 205(5) and s. 205(5A) added (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 18(3) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.