Part IX Lawful and Unlawful Interference With Highways and Streets

Miscellaneous

179 Control of construction of cellars etc. under street.

1

F1No person shall construct works to which this section applies under any part of a street without the consent of the appropriate authority, and the authority may by notice served on a person who has constructed such works in contravention of this section require him to remove them, or to alter or deal with them in such a manner as may be specified in the notice.

For the purposes of this section the appropriate authority is—

i

in relation to a street outside Greater London which is a highway, the highway authority for the street; and

ii

in relation to any other street, the local authority in whose area the street is situated.

2

A person aggrieved by the refusal of a consent, or by a requirement of a notice, under subsection (1) above may appeal to a magistrates’ court.

3

A person who constructs F2works to which this section applies in contravention of this section is guilty of an offence and is liable to a fine not exceeding F3level 1 on the standard scale; and, subject to any order made on appeal, if he fails to comply with a requirement of a notice served on him under subsection (1) above he is guilty of a further offence and is liable to a fine not exceeding £2 for each day during which the failure continues.

4

The appropriate authority may also cause F4works to which this section applies constructed in contravention of this section to be removed, altered or otherwise dealt with as they think fit, and may recover the expenses reasonably incurred by them in so doing from the offender.

F55

As soon as may be after an authority consent to the construction of works to which this section applies under a street they shall give notice of their consent to any public utility undertakers having any apparatus under the street.

6

Subject to subsection (7) below, the works to which this section applies are—

a

any part of a building; and

b

without prejudice to the generality of paragraph (a) above, a vault, arch or cellar, whether forming part of a building or not.

7

This section does not apply to code-regulated works, as defined in section 1(5) of the Public Utilities Street Works Act 1950.