Part IVE+W+S Parking Places

Provision of off-street parking, and parking on roads without paymentE+W+S

34 Provision of access to premises through off-street parking place.E+W+S

(1)Where it appears to a local authority F1 . . .which proposes to provide, or has provided, an off-street parking place under section 32 of this Act—

[F2(a)that it would relieve or prevent congestion of traffic on a highway or, in Scotland, a road if use were made of the parking place to provide a means of access from the highway or road to premises adjoining, or abutting on, the parking place, and]

(b)that it would be possible to provide such access and at the same time ensure that vehicles using the parking place to obtain access to the premises in question would, while in the parking place, proceed in the direction in which other vehicles using the parking place are to be, or are, required to proceed,

the authority may provide such a means of access in accordance with the provisions of this section.

(2)A local authority may adapt for use as, or for providing, means of access under this section—

(a)an off-street parking place provided by them under section 32 of this Act;

(b)any land acquired or appropriated by them for the purposes of this section or section 32; or

(c)with the consent of the authority or person responsible for the maintenance of a road, any part of that road.

(3)A local authority which proposes to provide, or has provided, a means of access to any premises under this section—

(a)may enter into an agreement with the occupier of the premises with respect to the use of the means of access and for the making by him of contributions towards the expenses incurred by the authority in providing the means of access;

(b)may, for such consideration and on such terms and conditions as may be agreed, grant to the occupier of the premises, or any other person having an interest in them, a right of way over any such part of the land comprised in the parking place as is to be used as the means of access, and such other rights (if any) incidental to, or connected with, the use of the means of access as they think it necessary or expedient to grant.

(4)Subject to the provisions of any agreement made by them under paragraph (a) of subsection (3) above and to any rights granted by them under paragraph (b) of that subsection, a local authority may stop up any means of access provided by them under this section.

(5)References in this section to a parking place include references to the means of entrance to and egress from the parking place.

Textual Amendments

F2S. 34(1)(a) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 40(b); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)