Part XIE+W Making up of Private Streets

IntroductoryE+W

203 Interpretation of Part XI.E+W

(1)In this Part of this Act (and elsewhere in this Act) “the private street works code” means sections 205 to 218 below; and “the advance payments code” means sections 219 to 225 below.

(2)In this Part of this Act “private street” means a street that is not a highway maintainable at the public expense, and—

(a)includes any land that is deemed to be a private street by virtue of a declaration made under section 232 below, and

(b)for the purpose of the application of the advance payments code or section 229 below in relation to any building, includes—

(i)any land shown as a proposed street on plans deposited with respect to that building either under building regulations or on an application for planning permission under [F1the Town and Country Planning Act 1990], and

F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but the fact that a part of a street is a highway maintainable at the public expense does not prevent any other part of it from being a part of a private street for the purposes of this Part of this Act.

(3)In this Part of this Act—

(a)as respects a street outside Greater London, the council of the county [F3or metropolitan district] in which the street is situated,

(b)as respects a street in a London borough, the council of the borough, and

(c)as respects a street in the City, the Common Council.

(4)For the purposes of the advance payments code and of section 229 below, the frontage of a building or proposed building on a street shall be deemed to be the frontage that the building itself and any land occupied or, as the case may be, proposed to be occupied, with the building and for the purposes of it has or will have on the street.

(5)In ascertaining a majority in number of owners for the purposes of any provision of this Part of this Act, joint owners are to be treated as one owner.

Textual Amendments

Modifications etc. (not altering text)

C1S. 203: definition of "street works" applied (23.7.1991) by S.I. 1991/1760, art. 10(3)

Marginal Citations