Local Government, Planning and Land Act 1980

PART I Highways

Relaxation of Ministerial controls over the provision of ferries

1 (1) So much of section 53 of the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 (ferries for purposes of long-distance routes)—

(a) as makes the exercise of a highway authority's powers subject to the approval of any Minister ; or

(b) as confers upon any Minister any power to give a local highway authority directions,

shall cease to have effect.

(2) The following subsection shall be substituted for section 26(3) of the [1959 c. 25.] Highways Act 1959 (provision and maintenance of new road-ferries): —

“(3) The Minister or a local highway authority may provide and maintain new road-ferries.”

Relaxation of Ministerial controls in respect of footpaths and bridleways

2 (1) The following subsection shall be substituted for section 29(3) of the Highways Act 1959 (which gives the Secretary of State power to direct a local authority to make an order for the creation of a footpath or bridleway): —

“(3) Where it appears to the Secretary of State in a particular case that there is need for a footpath or bridleway as mentioned in subsection (1) of the last foregoing section, and he is satisfied as mentioned in that subsection, he may, after consultation with each body which is a local authority for the purposes of section 28 of this Act in relation to the land concerned, make a public path creation order creating the footpath or bridleway.”

(2) In section 30 of that Act (which relates to the making up of new footpaths and bridleways)—

(a) subsections (2) and (3) (which relate to the settlement by the Secretary of State of disputes as to works for that purpose) shall cease to have effect; and

(b) in subsection (4) (which relates to the carrying out of such works and the recovery of expenses incurred in carrying them out), for the words from the beginning to " thereof ", in the first place where it occurs, there shall be substituted the words " It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) of this section ".

(3) The following subsections shall be substituted for subsection (5) of that section (which contains further provisions relating to public path creation orders): —

“(5) Where the Secretary of State makes a public path creation order under subsection (3) of the last foregoing section, he may direct that subsection (5A) of this section shall apply.

(5A) Where the Secretary of State gives such a direction—

(a) the local authority who, on the coming into force of the order, became the highway authority for the path or way in question shall survey the path or way and shall certify what work (if any) appears to them to be necessary to bring it into a fit condition for use by the public as a footpath or bridleway, as the case may be, and shall furnish the Secretary of State with a copy of the certificate;

(b) if the Secretary of State is not satisfied with a certificate made under the foregoing paragraph, he shall either cause a local inquiry to be held or shall give to the local authority an opportunity of being heard by a person appointed by him for the purpose and, after considering the report of the person appointed to hold the inquiry or the person so appointed as aforesaid, shall make such order either confirming or varying the certificate as he may think fit; and

(c) subject to the provisions of the last foregoing paragraphs, it shall be the duty of the highway authority to carry out the work specified in a certificate made by them under paragraph (a) of this subsection.”

(4) In section 112 of that Act (public path extinguishment and diversion orders)—

(a) for the words in subsection (5) following paragraph (b) (which give the Secretary of State power to direct local authorities to make and submit to him a public path extinguishment order or a public path diversion order) there shall be substituted the words " he may himself make the order after consultation with the appropriate authority " ; and

(b) the following subsection shall be substituted for subsection (7):—

“(7) Where under subsection (5) of this section the Secretary of State decides to make a public path diversion order, he may require the owner, lessee or occupier on whose representations he is acting to enter into an agreement with such council as he may specify for the owner, lessee or occupier to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 111(4) of this Act.”

(5) In section 126 of that Act (authorisation of erection of stiles etc. in footpath or bridleway) subsection (2) which gives the Secretary of State power to determine certain disputes about such authorisations) shall cease to have effect.

(6) In section 29(4) of the [1968 c. 41.] Countryside Act 1968 (by virtue of which a highway authority are required to consult the Minister of Agriculture, Fisheries and Food before refusing to make an order under that section relating to the making good of the surface of a footpath or bridleway after it has been ploughed up) the words "and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food" shall cease to have effect.

Abolition of Ministerial powers in respect of certain expenses

3 (1) In section 181(1) of the [1959 c. 25.] Highways Act 1959 (under which a street works authority may recover from the owner of premises in respect of which any sum is due for expenses of street works the whole or any portion of that sum together with interest) after the word " interest" there shall be inserted the words " at such reasonable rates as the authority may determine. "

(2) The proviso to section 211(2) of that Act (by virtue of which an order may fix the maximum amount to be charged under a charging order in respect of expenditure on street works) shall cease to have effect.

(3) In section 264 of that Act (recovery of expenses)—

(a) in subsection (1), after the word "interest", in the first place where it occurs, there shall be inserted the words " at such reasonable rate as the council may determine " and

(b) in subsection (2)—

(i) after the word " expenses " there shall be inserted the words " and interest " ; and

(ii) after the words "with interest" there shall be inserted the words " on them at such reasonable rate as the authority may determine ".

Abolition of Ministerial powers in relation to toll highways

4 In section 233 of the Highways Act 1959 (transfer of toll highways to highway authorities)—

(a) in subsection (2) (by virtue of which a right to charge highway tolls which is transferred to a county council continues to be exercisable for such number of years only as may be allowed, where the county is in England, by the Minister of Transport, and where it is in Wales, by the Secretary of State) the words from "but" to the end shall cease to have effect; and

(b) in subsection (5) (by virtue of which agreements in relation to toll highways may only be made between two or more county councils with the approval, where their counties are in England, of the Minister of Transport, and where they are in Wales, of the Secretary of State) the words " subject to the approval of the Minister " shall cease to have effect.

Relaxation of requirements of confirmation by Minister for local authority orders stopping up private access to premises causing danger etc. to traffic on highway

5 In section 2 of the [1971 c. 41.] Highways Act 1971 (stopping up private access to premises)

(a) the words " appropriate Minister " shall be substituted for the words " Secretary of State " —

(i) in each place where they occur in subsection (2),

(ii) in the first place where they occur in subsection (3);

(b) the following paragraphs shall be substituted for subsection (3)(c):

“(c) for objections to the making of an order by the appropriate Minister received within such period as may be so prescribed and not withdrawn to be considered by him;

(ca) for objections to the confirmation of an order made by a local highway authority to be considered by the appropriate Minister if any of the objections to the confirmation of the order received within such period as may be so prescribed and not withdrawn was made by an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up ;

(cb) for objections to the confirmation of an order made by a local highway authority received within such period as may be so prescribed and not withdrawn to be considered by the local highway authority if there is no objection received within that period from an owner, lessee or occupier such as is mentioned in paragraph (ca) above or if all such objections so received are withdrawn before the order is referred to the appropriate Minister for confirmation;”; and

(c) the following subsections shall be substituted for subsection (4):

“(4) In the case of an order made by a local highway authority under this section—

(a) if no objection to the confirmation of the order is received within the period prescribed by regulations under subsection (3) above ; or

(b) if every such objection so received is withdrawn ; or

(c) if every such objection so received from an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up is withdrawn, the local highway authority may themselves confirm the order, with or without modifications.

(5) Before confirming an order with modifications the local highway authority, if they consider that the proposed modifications will make a substantial change in the order, shall inform every such owner, lessee or occupier as is mentioned in subsection (4) (c) above and every other person who appears to them to be likely to be affected by the modifications to the order—

(a) of their intention to make the order; and

(b) of the form in which they propose to make it.

(6) The local highway authority shall give every such person as is mentioned in subsection (5) above an opportunity to make representation with regard to the order, and shall consider any representations with regard to it which any such person makes.

(7) In this section, " the appropriate Minister " means, in relation to England, the Minister of Transport and, in relation to Wales, the Secretary of State.”

Abolition of certain procedures for settlement of disputes by Minister

6 (1) This paragraph shall have effect for the purpose of abolishing certain powers of the Secretary of State or the Minister of Transport to determine disputes.

(2) The following subsection shall be substituted for section 5(3) of the [1953 c. 26.] Local Government (Miscellaneous Provisions) Act 1953 (provision of omnibus shelters etc. by local authorities): —

“(3) Where the consent of the Secretary of State or the Minister of Transport is required under this section, disputes between the Minister whose consent is required and the local authority as to whether the consent of that Minister is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any shelter or other accommodation in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.”.

(3) In section 108(10) of the [1959 c. 25.] Highways Act 1959 (which provides that any consent of an authority which is required for the diversion of a highway shall not be unreasonably withheld) the words " and any question arising under this subsection whether the withholding of a consent is unreasonable shall be determined by the Minister" shall cease to have effect.

(4) Section 246(2) of that Act (disputes as to nature of sums paid or recovered under Act) shall cease to have effect

(5) In Schedule 3 to the [1961 c. 64.] Public Health Act 1961 the following paragraph shall be substituted for paragraph 4 (disputes as to consents for execution of works in streets for purposes of safety and of reduction of litter): —

“4 Where the consent of the Secretary of State or the Minister of Transport is required under this Schedule, any dispute between the Minister whose consent is required and the authority as to whether the Minister's consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of anything to the provision of which the consent relates in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers”.

(6) Section 29(3) of the [1966 c. 42.] Local Government Act 1966 (which gives a lighting authority a right to appeal in case of dispute as to the exercise of their powers for purposes of the lighting of a highway for which they are not the highway authority) shall cease to have effect.

(7) Nothing in this paragraph shall prevent the Secretary of State or the Minister of Transport—

(a) determining any dispute referred or appeal brought to him under the provisions specified in sub-paragraphs (2) to (6) above before the passing of this Act; or

(b) exercising any power conferred on him under those provisions in respect of any such dispute or appeal.

Abolition of certain Ministerial controls relating to structures on and near highway

7 The following provisions, namely—

(a) in the [1959 c. 25.] Highways Act 1959—

(i) the proviso to section 73(1) (requirement to notify of proposed building lines for classified roads); and

(ii) sections 95 and 96 (regulations about cattlegrids); and

(b) section 120 of the Transport Act 1968 (orders prescribing minimum heights for parapets of bridges carrying roads over railways);

shall cease to have effect.

Miscellaneous amendments oj Highway Acts and associated legislation

8 (1) Section 280(2), (3) and (4) of the Highways Act 1959 (which give powers to prescribe the form of various notices, orders, advertisements, certificates and other documents and provide that, if forms are prescribed in exercise of those powers, those forms or forms to the like effect shall be used in all cases to which those forms are applicable) shall cease to have effect.

(2) The following enactments, namely—

(a) section 288 of the Highways Act 1959;

(b) section 16(4) of the Highways (Miscellaneous Provisions) Act 1961 ; and

(c) section 85 of the Highways Act 1971,

(each of which gives a power to repeal or amend local Acts) shall cease to have effect.

(3) The repeal of the enactments specified in sub-paragraph (2) above shall not affect any application made under any of them before the passing of this Act; and any power conferred by any of them may accordingly be exercised after the passing of this Act in pursuance of any such application.

(4) Any order made under an enactment specified in subparagraph (2) above shall continue to have effect notwithstanding the repeal of that enactment.