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Version Superseded: 18/12/2013
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Highways Act 1980, Section 115E is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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
F1Pt. VIIA (ss. 115A–115K) inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 20, Sch. 5 para. 1
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