F1Part VIIA Provision of Amenities on Certain Highways

Annotations:
Amendments (Textual)

115EC1C2C3 Execution of works and use of objects etc. by persons other than councils.

1

Subject to subsections (2) to F2(5) 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.

F35

A council may not under this section grant a person permission to do anything which is capable of being authorised by a pavement licence under section 1 of the Business and Planning Act 2020.