Local Government, Planning and Land Act 1980

[157 Highways. E+W

(1) When any street works have been executed in a private street (or part of a private street) in an urban development area, the urban development corporation may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purpose of [F1 the M1 Highways Act 1980]] is a highway maintainable at the public expense.

(2) The street works authority may, within two months from the service of the notice, apply to a magistrates’ court for an order setting aside the notice on the ground that the works (including lighting) executed in the street (or part) are not of a standard at least equivalent to that of works in other comparable streets in the urban development area.

(3) The magistrates’ court may set aside the notice, but the corporation may serve a subsequent one under this section as regards the street (or part).

(4) If no order is made to set aside the notice on such an application and no appeal against the magistrates’ decision is brought within two months from the decision, the street (or part) shall become a highway maintainable at the public expense on the expiry of that time.

(5) If an appeal is brought against or arises out of the magistrates’ decision, or an appeal arises out of that appeal, the street (or part) shall become a highway maintainable at the public expense on the final determination of the matter in favour of the corporation or on the abandonment of the appeal by the authority.

(6) In this section “private street" and “street works authority" have the same meanings as in [F1 Part XI of the M2 Highways Act 1980].

(7) This section does not extend to Scotland.

Textual Amendments

F1 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

Marginal Citations

M1 1980 c. 66 (59).

M2 1980 c. 66 (59).