Part XVI Urban Development
Private streets
F1157Adoption of private streets.
(1)
Where any street works have been executed on any land in an urban development area which was then or has since become a private street (or part of a private street), the urban development corporation may serve a notice (an “adoption notice”) on the street works authority requiring the authority to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.
(2)
Within the period of two months beginning with the date on which the adoption notice was served, the street works authority may appeal against the notice to the Secretary of State.
(3)
After considering any representations made to him by the corporation and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the adoption notice (with or without modifications).
(4)
Where, under subsection (3) above, the Secretary of State confirms the adoption notice—
(a)
he may at the same time impose conditions (including financial conditions) upon the corporation with which it must comply in order for the notice to take effect; and
(b)
with effect from such date as the Secretary of State may specify, the street (or part) shall become a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.
(5)
Where a street works authority neither complies with the adoption notice, nor appeals under subsection (2) above, the street (or part) shall become, upon the expiry of the period of two months referred to in subsection (2) above, a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense.
(6)
In this section—
“highway” has the same meaning as in the Highways Act 1980;
“private street”, “street works” and “street works authority” have the same meanings as in Part XI of that Act.
(7)
This section does not extend to Scotland.