Highways Act 1980

Passing of plans deposited under byelaws

191 Passing or rejection of plans etc.

(1) Where plans of any proposed work are, in accordance with new street byelaws, deposited with the council of a county or London borough or the Common Council then, subject to section 190 above and section 193 below, the council—

(a) shall pass the plans unless they either are defective or show that the proposed work would contravene any of those byelaws;

(b) if the plans are defective or show that the proposed work would contravene any of those byelaws, shall reject the plans.

(2) The council shall within the appropriate period from the deposit of the plans give notice to the person by whom or on whose behalf they were deposited whether or not they are passed, and—

(a) a notice of rejection shall specify the defects on account of which, or the byelaw for non-conformity with which, plans have been rejected, and

(b) a notice that plans have been passed shall state that the passing of the plans operates as an approval of them only for the purposes of the requirements of the byelaws.

(3) Any question arising under this section between the council of a county or London borough or the Common Council and the person by whom or on whose behalf plans are deposited whether the plans are defective, or whether the proposed work would contravene any of the byelaws, may on the application of that person be determined by a magistrates' court; but no such application shall be entertained unless it is made before the proposed work has been substantially begun.

192 Deposit of plans to be of no effect after certain interval

(1) Where plans of any proposed work have, in accordance with new street byelaws, been deposited with the council of a county or London borough or the Common Council and—

(a) either the plans have been passed by the council or notice of rejection of the plans has not been given within the appropriate period from the deposit of them, but

(b) the work to which the plans relate has not been begun within 3 years from the date of the deposit of the plans,

the council may, at any time before the work is begun, by notice to the person by whom or on whose behalf the plans were deposited, or other the owner for the time being of the land to which the plans relate, declare that the deposit of the plans shall be of no effect.

(2) When such a notice is given this Part of this Act and the byelaws made under it have effect as respects the proposed work as if no plans had been deposited.

(3) The council of a county or London borough or, as the case may be, the Common Council shall attach a notice of the provisions of subsections (1) and (2) above to every notice of the passing of plans of proposed work deposited in accordance with new street byelaws.