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Highways Act 1980

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Change 1

What to do with it
As published

115E Execution of works and use of objects etc. by persons other than councils.

(1) Subject to subsections (2) to (6) below, a council may grant a person permission— (a) to do on, in or over a highway to which this Part of this Act applies anything which the council could do on, in or over such a highway under section 115B(1) to (3) or 115C above; or (b) to use objects or structures on, in or over a highway to which this Part of this Act applies— (i) for a purpose which will result in the production of income; (ii) for the purpose of providing a centre for advice or information; or (iii) for the purpose of advertising. (2) A council may not grant a person permission under subsection (1)(a) above to place an object or structure on, in or over a highway to which this Part of this Act applies— (a) for a purpose which will result in the production of income; or (b) for the purpose of providing a centre for advice or information, unless they have first obtained the consent of the frontagers with an interest— (i) to the placing of the object or structure; (ii) to the purpose for which it would be placed; and (iii) to the proposed grant of permission. (3) A council may not grant a person permission to do anything which the council could only do under section 115C above unless they have first obtained the consent of the frontagers with an interest. (4) A council may not grant a person permission— (a) to carry out works on, in or over a walkway; (b) to place an object or structure on, in or over a walkway; or (c) to provide, maintain or operate facilities for recreation or refreshment or both on a walkway, unless they have first obtained walkway consent. (5) A council may not under this section grant a person permission to do anything which is capable of being authorised by a pavement licence under section 1 of the Business and Planning Act 2020. (6) A council may not under this section grant a person permission to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence. (7) In this section— “public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public; “street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.

Your change, as a redline

115E Execution of works and use of objects etc. by persons other than councils.

(1) Subject to subsections (2) to (6) below, a council may grant a person permission— (a) to do on, in or over a highway to which this Part of this Act applies anything which the council could do on, in or over such a highway under section 115B(1) to (3) or 115C above; or (b) to use objects or structures on, in or over a highway to which this Part of this Act applies— (i) for a purpose which will result in the production of income; (ii) for the purpose of providing a centre for advice or information; or (iii) for the purpose of advertising. (2) A council may not grant a person permission under subsection (1)(a) above to place an object or structure on, in or over a highway to which this Part of this Act applies— (a) for a purpose which will result in the production of income; or (b) for the purpose of providing a centre for advice or information, unless they have first obtained the consent of the frontagers with an interest— (i) to the placing of the object or structure; (ii) to the purpose for which it would be placed; and (iii) to the proposed grant of permission. (3) A council may not grant a person permission to do anything which the council could only do under section 115C above unless they have first obtained the consent of the frontagers with an interest. (4) A council may not grant a person permission— (a) to carry out works on, in or over a walkway; (b) to place an object or structure on, in or over a walkway; or (c) to provide, maintain or operate facilities for recreation or refreshment or both on a walkway, unless they have first obtained walkway consent. (5) A council may not under this section grant a person permission to do anything which is capable of being authorised by a pavement licence under section 1 of the Business and Planning Act 2020. (6) A council may not under this section grant a person permission to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence. (7) In this section— “public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public; “street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.

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