Highways Act 1980

[F1 115E Execution of works and use of objects etc. by persons other than councils. E+W

(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.]

Textual Amendments

F1 Pt. VIIA (ss. 115A–115K) inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 20, Sch. 5 para. 1