SCHEDULES

SCHEDULE 3 Street works licences

Appeal against decision of local highway authority

9

(1)

Where the apparatus in respect of which an application for a street works licence is made to F1a strategic highways company or a local highway authority is to be placed or retained on a line crossing the street, and not along the line of the street, a person aggrieved by—

(a)

the refusal of F2the company or the authority to grant him a licence,

(b)

their refusal to grant a licence except on terms prohibiting its assignment, or

(c)

any terms or conditions of the licence granted to him,

may appeal to the Secretary of State.

(2)

The procedure on an appeal shall be such as may be prescribed.

(3)

Where on an appeal the Secretary of State reverses or varies the decision of F3the strategic highways company or the local highway authority, it is the duty of F4that company or that authority to give effect to his decision.