Part V Roads and Building Control

Footpaths, footways and verges

C163 New access over verges and footways.

1

Where, in the opinion of the roads authority, vehicles when driven to or from premises adjacent to a public road are habitually being taken across that road’s verge or footway other than by way of a satisfactory vehicular crossing they may serve a notice on the owner or occupier of the premises requiring that—

a

by such date as is specified in the notice he shall have commenced; and

b

within such period thereafter as is, and to such detailed specifications as are, so specified he shall have completed,

the construction of such a crossing over the affected part of the verge or footway.

2

A vehicular crossing constructed under or by virtue of this section shall on completion be part of the public road.

3

A person upon whom a notice has been served under sub-section (1) above may within 28 days of such service refer the matter by summary application to the sheriff; and the decision of the sheriff on the matter shall be final.