[F1 Part VIIA E+W Provision of Amenities on Certain Highways

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

115F Power to impose conditions on permissions under section 115E. E+W

(1) Subject to subsections (2) to (4) below, a council may grant a permission under section 115E above upon such conditions as they think fit, including conditions requiring the payment to the council of such reasonable charges as they may determine.

(2) Except where the council are the owners of the subsoil beneath the part of the highway in relation to which the permission is granted, the charges may not exceed the standard amount.

(3) In subsection (2) above, “the standard amount” means—

(a) in relation to permission to use an object or structure provided by a council, the aggregate—

(i) of the cost of providing it; and

(ii) of such charges as will reimburse the council their reasonable expenses in connection with granting the permission;

(b) in relation to permission to operate facilities provided by a council for recreation or refreshment or both, the aggregate—

(i) of the cost of providing them; and

(ii) of such charges as will reimburse the council their reasonable expenses in connection with granting the permission; and

(c) in any other case, such charges as will reimburse the council their reasonable expenses in connection with granting the permission.

(4) Nothing in this section shall prejudice the right of a council to require an indemnity against any claim in respect of injury, damage or loss arising out of the grant of the permission; but this subsection is not to be taken as requiring any person to indemnify a council against any claim in respect of injury, damage or loss which is attributable to the negligence of the council.]