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- Point in Time (01/01/1993)
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Version Superseded: 11/10/1993
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Local Government, Planning and Land Act 1980, Cross Heading: Highways is up to date with all changes known to be in force on or before 03 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)When any street works have been executed in a private street (or part of a private street) in an urban development area, the urban development corporation may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purpose of [F1the M1Highways Act 1980]] is a highway maintainable at the public expense.
(2)The street works authority may, within two months from the service of the notice, apply to a magistrates’ court for an order setting aside the notice on the ground that the works (including lighting) executed in the street (or part) are not of a standard at least equivalent to that of works in other comparable streets in the urban development area.
(3)The magistrates’ court may set aside the notice, but the corporation may serve a subsequent one under this section as regards the street (or part).
(4)If no order is made to set aside the notice on such an application and no appeal against the magistrates’ decision is brought within two months from the decision, the street (or part) shall become a highway maintainable at the public expense on the expiry of that time.
(5)If an appeal is brought against or arises out of the magistrates’ decision, or an appeal arises out of that appeal, the street (or part) shall become a highway maintainable at the public expense on the final determination of the matter in favour of the corporation or on the abandonment of the appeal by the authority.
(6)In this section “private street" and “street works authority" have the same meanings as in [F1Part XI of the M2Highways Act 1980].
(7)This section does not extend to Scotland.
Textual Amendments
F1Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
Marginal Citations
M11980 c. 66 (59).
M21980 c. 66 (59).
Valid from 11/10/1993
(1)An urban development corporation may serve a notice (a “connection notice”) on the local highway authority requiring the authority to connect a private street in the urban development area to an existing highway (whether or not it is a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense).
(2)A connection notice must specify—
(a)the private street and the existing highway;
(b)the works which appear to the corporation to be necessary to make the connection; and
(c)the period within which those works should be carried out.
(3)Before serving a connection notice an urban development corporation shall consult the local highway authority about the proposed contents of the notice.
(4)Within the period of two months beginning with the date on which the connection notice was served, the local highway authority may appeal against the notice to the Secretary of State.
(5)After considering any representations made to him by the corporation and the local highway authority, the Secretary of State shall determine an appeal under subsection (4) above by setting aside or confirming the connection notice (with or without modifications).
(6)A connection notice becomes effective—
(a)where no appeal is made within the period of two months referred to in subsection (4) above, upon the expiry of that period;
(b)where an appeal is made within that period but is withdrawn before it has been determined by the Secretary of State, on the date following the expiry of the period of 21 days beginning with the date on which the Secretary of State is notified of the withdrawal;
(c)where an appeal is made and the connection notice is confirmed by a determination under subsection (5) above, on such date as the Secretary of State may specify in the determination.
(7)Where a connection notice becomes effective, the local highway authority shall carry out the works specified in the notice within such period as may be so specified and may recover from the corporation the expenses reasonably incurred by them in doing so.
(8)If the local highway authority do not carry out the works specified in the notice within such period as may be so specified, the corporation may themselves carry out or complete those works or arrange for another person to do so.
(9)In this section—
“highway” and “local highway authority” have the same meanings as in the Highways Act 1980;
“private street” has the same meaning as in Part XI of that Act.
(10)This section does not extend to Scotland.]
Textual Amendments
F2Ss. 157, 157A, 157B substituted (11.10.1993) for s. 157 by 1993 c. 28, s.178; S.I. 1993/2134, art. 4(b) (with Sch. 1 para. 8)
Valid from 11/10/1993
(1)Where—
(a)an urban development corporation submits to the Secretary of State that an order under this section should be made in relation to any road in the urban development area which is a private street; and
(b)it appears to the Secretary of State that the traffic authority do not intend to make an order under section 1 or, as the case may be, section 6 of the Road Traffic Regulation Act 1984 (orders concerning traffic regulation) in relation to the road,
the Secretary of State may by order under this section make in relation to the road any such provision as he might have made by order under that section if he had been the traffic authority.
(2)The Road Traffic Regulation Act 1984 applies to an order under this section as it applies to an order made by the Secretary of State under section 1 or, as the case may be, section 6 of that Act in relation to a road for which he is the traffic authority.
(3)In this section—
“private street” has the same meaning as in Part XI of the Highways Act 1980;
“road” and “traffic authority” have the same meanings as in the Road Traffic Regulation Act 1984.
(4)This section does not extend to Scotland.]
Textual Amendments
F3Ss. 157, 157A, 157B substituted (11.10.1993) for s. 157 by 1993 c. 28, s.178; S.I. 1993/2134, art. 4(b) (with Sch. 1 para. 8)
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