F1Part VIIA Provision of Amenities on Certain Highways

115E Execution of works and use of objects etc. by persons other than councils.

(1)

Subject to subsections (2) to (4) below, a council may grant a person permission—

(a)

to do on, in or over a highway to which this Part of this Act applies anything which the council could do on, in or over such a highway under section 115B(1) to (3) or 115C above; or

(b)

to use objects or structures on, in or over a highway to which this Part of this Act applies—

(i)

for a purpose which will result in the production of income;

(ii)

for the purpose of providing a centre for advice or information; or

(iii)

for the purpose of advertising.

(2)

A council may not grant a person permission under subsection (1)(a) above to place an object or structure on, in or over a highway to which this Part of this Act applies—

(a)

for a purpose which will result in the production of income; or

(b)

for the purpose of providing a centre for advice or information,

unless they have first obtained the consent of the frontagers with an interest—

(i)

to the placing of the object or structure;

(ii)

to the purpose for which it would be placed; and

(iii)

to the proposed grant of permission.

(3)

A council may not grant a person permission to do anything which the council could only do under section 115C above unless they have first obtained the consent of the frontagers with an interest.

(4)

A council may not grant a person permission—

(a)

to carry out works on, in or over a walkway;

(b)

to place an object or structure on, in or over a walkway; or

(c)

to provide, maintain or operate facilities for recreation or refreshment or both on a walkway,

unless they have first obtained walkway consent.