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Highways Act 1980
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Changes over time for: Section 194
Version Superseded: 25/09/1991
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- 01/02/1991- Amendment
- 27/03/1991
Point in time - 25/09/1991- Amendment
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194 Power to vary position or direction, and to fix beginning and end, of new street.E+W
(1)The council of a county [F1, metropolitan district] or London borough or the Common Council may on the deposit with them of plans of a new street in pursuance of a new street byelaw, by order vary the intended position, direction, termination or level of the new street so far as is necessary for the purpose of securing—
(a)more direct, easier or more convenient means of communication with any other street or intended street; or
(b)an adequate opening at one or each of the ends of the new street; or
(c)compliance with any byelaw in force within their area for the regulation of streets or buildings.
(2)The council of a county [F1, metropolitan district] or London borough or the Common Council may by an order made under subsection (1) above fix the points at which the new street is to be deemed to begin or end, and the limits of the new street as determined by the points so fixed shall be treated as the limits of it for the purposes of this Part of this Act and of any byelaws made under this Part.
(3)A person aggrieved by an order under this section may appeal to the Crown Court.
(4)If a person lays out or constructs a new street in contravention of an order under this section he is guilty of an offence and is liable to a fine not exceeding [F2level 1 on the standard scale]; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding £2 for each day on which the offence is so continued.
(5)A council shall pay compensation to any person for any loss or injury sustained by him by reason of the exercise by the council of their powers under this section.
(6)A council shall not make an order under this section in a case in which it is shown to their satisfaction that compliance with the order would entail the purchase of additional land by the owner of the land on which the new street is intended to be laid out, or the execution of works elsewhere than on the last-mentioned land or land held with it on which building operations associated with the new street are intended to be undertaken.
Textual Amendments
F1Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 7
F2Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
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