Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

202 Provision of amenity for highway reserved to pedestrians. S

(1) Where in relation to a [F1 road] an order has been made under section 201(2) of this Act, a competent authority may carry out and maintain any such works on or in the [F1 road], or place on or in it any such objects or structures, as appear to them to be expedient for the purposes of giving effect to the order or of enhancing the amenity of the [F1 road] and its immediate surroundings or to be otherwise desirable for a purpose beneficial to the public.

(2) The powers exercisable by a competent authority under this section shall extend to laying out any part of the [F1 road] with lawns, trees, shrubs and flower-beds and to providing facilities for recreation or refreshment.

(3) A competent authority may so exercise their powers under this section as to restrict the access of the public to any part of the [F1 road], but shall not so exercise them as—

(a) to prevent persons from entering the [F1 road] at any place where they could enter it before the order under section 201 of this Act was made; or

(b) to prevent the passage of the public along the [F1 road]; or

(c) to prevent normal access by pedestrians to premises adjoining the [F1 road]; or

(d) to prevent any use of vehicles which is permitted by an order made under the said section 201 and applying to the [F1 road]; or

(e) to prevent statutory undertakers from having access to any works of theirs under, in, on, over, along or across the [F1 road]; [F2 or

(f) to prevent the operator of any telecommunications code system from having access to any works of his under, in, on, over, along or across the [F1 road].]

(4) An order under section 201(8) of this Act may make provision requiring the removal of any obstruction of the [F1 road] resulting from the exercise by a competent authority of their powers under this section.

(5) The competent authorities for the purposes of this section are [F3 regional, islands and district] councils, but such an authority shall not exercise any powers conferred by this section unless they have obtained the consent of the F4 planning authority [F5 exercising district planning functions] and the [F6 roads] authority (in a case where they are themselves not that authority).

Textual Amendments

F1 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(11)(a) (with s. 128(1))

F2 S. 201(3)(f) and the word “or” immediately preceeding that paragraph inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 54(7), Sch. 5 para. 45

F3 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 28

F4 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F5 Words inserted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 28

F6 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(11)(b) (with s. 128(1))

Modifications etc. (not altering text)

C1 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C2 S. 202(3), 205, 211, 212, 214–230, 233(7), 242, 266(6)(b), 275(2), Sch. 8, Sch. 17 paras. 1–3 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxiii) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C3 S. 202(3) extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4; amended by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 10(2)(d)

C4 Ss. 198(3), 199(2), 202(3) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2