Highways Act 1980

196 Power to allow widening of existing street on one side only to less than prescribed width. E+W

(1) Where—

(a) an owner of land adjoining one side of an existing highway proposes to lay out on that land a new street along the line of the highway, and

(b) buildings have been or are intended to be erected on that side only, and

(c) the case is one in which the appropriate authority are empowered, by a byelaw with respect to the width of new streets, to require the owner to widen the existing highway to the width prescribed for a new street,

the appropriate authority may, instead of requiring the owner to widen the existing highway as provided by paragraph (c) above, make an order under this section.

(2) An order under this section is an order permitting the owner to widen the highway on the side referred to in subsection (1)(a) and (b) above only, to such width as may be specified in the order, being a width—

(a) less than the width referred to in subsection (1)(c) above, but

(b) such that the distance between the centre line of the existing highway and the boundary, after the widening, of the highway on the said side is not less than one half of the width referred to in subsection (1)(c) above.

(3) Not less than 21 days before making an order under this section the appropriate authority shall send notice of the intended order to such owner as aforesaid and, unless he is the same person, to any owner of land adjoining the highway on the side of it opposite the land to which the order will relate.

(4) If, where an order under this section has effect, building is begun on the said land on that opposite side, the owner of that land shall widen the existing highway on the opposite side where it adjoins that land so that the distance between—

(a) the boundary, after widening, of the highway on that opposite side, and

(b) the boundary, after widening under the order, of the highway on the side to which the order relates,

is the width referred to in subsection (1)(c).

(5) Nothing in subsection (4) above imposes on any person an obligation to pull down a building erected before the date of an order under this section relating to the land in question.

(6) If a person fails to comply with subsection (4) above he is guilty of an offence and liable to a fine not exceeding [F1 level 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.

(7) A person aggrieved by an order, or by the refusal to make an order, under this section may appeal to the Crown Court.

(8) For the purposes of this section the appropriate authority is—

(a) in relation to a highway outside Greater London, the county council [F2 or metropolitan district council];

(b) in relation to a highway in Greater London, the local authority for the area in which the highway is situated.

Textual Amendments

F1 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

F2 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 31