[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

115H Duties to consult or obtain consent of other authorities. E+W

(1) Subject to [F2 subsection (3)] below, a council shall not—

(a) exercise any power conferred by section 115B or 115C above; or

(b) grant any permission under section 115E above, in relation to a highway unless they have consulted—

(i) any authority other than themselves who are the highway authority for the highway; and

(ii) any authority other than themselves who are a local planning authority, as defined in [F3 the Town and Country Planning Act 1990] for the area in which, as the case may be, they propose to exercise the power or to which the proposed permission would relate.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(3) [F5 Subsection (1) above shall have effect in relation to a highway—

(a) to which this Part of this Act applies; and

(b) in relation to which there is no pedestrian planning order in force, as] if the requirement to consult the highway authority were a requirement to obtain their consent to the exercise of the power or the granting of the permission.

(4) Where a highway to which this Part of this Act applies is maintained by the British Railways Board or [F6 London Regional Transport or any subsidiary of London Regional Transport (within the meaning of the London Regional Transport Act 1984)], a council shall not exercise any power conferred by section 115B or 115C above or grant a permission in relation to it under section 115E above except with the consent of the Board or, as the case may be, [F7 London Regional Transport or that subsidiary of London Regional Transport].

Textual Amendments

F2 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 23

F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(7)

F4 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F5 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 23

F6 Words substituted by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 16(a)

F7 Words substituted by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3)(a), Sch. 6 para. 16(b)