102 Provision of works for protecting highways against hazards of nature.
(1) The highway authority for a highway maintainable at the public expense may provide and maintain such barriers or other works as they consider necessary for the purpose of affording to the highway protection against snow, flood, landslide or other hazards of nature; and those works may be provided on the highway or on land which, or rights over which, has or have been acquired by the highway authority in the exercise of highway land acquisition powers for that purpose.
(2) The powers conferred by subsection (1) above to provide any works shall include power to alter or remove them.
(3) A highway authority shall pay compensation to any person who suffers damage by reason of the execution by them under this section of any works on a highway.
103 Provision of posts to indicate depth of flood water.
(1) It shall be the duty of a highway authority to provide, in connection with any highway for which they are the highway authority and which is subject to flooding to any considerable depth, graduated posts or stones in any case where they consider the provision thereof necessary or desirable for the purpose of indicating the depth of water covering the highway.
(2) A highway authority may alter or remove any post or stone provided by them under this section.
(1) In this Part —
“Annex” means an Annex to the Directive;
“the consultation bodies” means—
any principal council (within the meaning given in section 270(1) of the Local Government Act 1972) in whose area the project is to be carried out;
where the project is to be carried out on land situated in England—
the Historic Buildings and Monuments Commission for England, the Environment Agency and Natural England, and
the Natural Resources Body for Wales and the Welsh Ministers where, in the opinion of the project authority, the land is sufficiently near to Wales to be of interest to them;
where the project is to be carried out on land situated in Wales—
the Natural Resources Body for Wales, and
an organisation referred to in paragraph (b)(i) where, in the opinion of the Welsh Ministers, the land is sufficiently near to England to be of interest to that organisation;
any other public authority which has environmental responsibilities and which the project authority considers is likely to have an interest in the project;
any body with local or regional competencies and which the project authority or Welsh Ministers considers is likely to have an interest in the project;
“the Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment;
“the environment” means—
population and human health,
biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom which implemented—
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and
Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds,
land, soil, water, air and climate,
material assets, cultural heritage and the landscape, and
the interaction between the factors referred to in paragraphs (a) to (d).
“environmental impact assessment”, in relation to a project, means the process comprising—
the preparation of an environmental statement,
the carrying out of consultations about the likely significant effects of the project on the environment,
the consideration of the environmental statement and other information about the likely significant effects of the project on the environment,
the reaching of a reasoned conclusion about the significant effects of the project on the environment, and
the consideration of the reasoned conclusion when deciding whether to proceed with the project;
“environmental assessment” means an assessment of the effect of anything on the environment if the assessment is carried out under—
assimilated law, or
any other law of any part of the United Kingdom, other than any law which implemented the Directive;
“member of the public” includes a body of persons corporate or unincorporate;
“official website” means a website maintained by or on behalf of the project authority;
“project authority” has the meaning given in section 105A(2);
“public authority” means a person on whom functions are conferred by or under an enactment (including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament);
“relevant project” has the meaning given in subsection (2);
“sensitive area” means—
a site of special scientific interest (within the meaning given in section 52 of the Wildlife and Countryside Act 1981),
any land adjacent to such an area that is notified to the local planning authority in accordance with paragraph (q)(ii) in the Table in Schedule 4 to the Town and Country Planning (General Development Management Procedure) (Wales) Order 2012,
a National Park within the meaning of the National Parks and Access to the Countryside Act 1949,
an area of outstanding natural beauty designated as such under section 82 of the Countryside and Rights of Way Act 2000,
the Broads as defined in the Norfolk and Suffolk Broads Act 1988,
a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage,
a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 or the Historic Environment (Wales) Act 2023, or
a European site within the meaning of the Conservation of Habitats and Species Regulations 2010 (see regulation 8).
(1A) In this Part, references to provisions of the Directive are to be read as if—
(a) in Annex III—
(i) in point 2(c)(v), the reference to Member States were a reference to the Secretary of State;
(ii) in point 2(c)(vi), the reference to Union legislation were a reference to assimilated law;
(b) in Annex IV—
(i) in the text following point 5(g), the words “established at Union or Member State level” were omitted;
(ii) in point 8 the following were substituted for the second sentence—
Relevant information available and obtained through risk assessments pursuant to assimilated law, such as any law of any part of the United Kingdom which implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom, or relevant assessments undertaken under other domestic legislation may be used for this purpose provided that the requirements of any law of any part of the United Kingdom which implemented this Directive are met.
(2) A project is a “relevant project” if the area of the completed works together with any area occupied during the period of construction or improvement by requisite apparatus, equipment, machinery, materials, plant, spoil heaps or other such facilities exceeds 1 hectare or if it, or any part of it, is situated in a sensitive area.
(3) For the purposes of this Part, the effects of a project on the environment include—
(a) any effects on the environment which arise (directly or indirectly) from the operation of the project;
(b) any expected effects on the environment which derive (directly or indirectly) from the vulnerability of the project to the risks of major accidents or disasters.
(4) References to the adverse, likely or significant effects of a project on the environment are to be read accordingly.
(5) Publication by the project authority for the purposes of this Part is to be—
(a) in the London Gazette,
(b) in at least one local newspaper circulating in the area in which the project for the construction or improvement of the highway is proposed to be situated, and
(c) on an official website.
105A Screening of projects for constructing or improving highways
(1) If a project authority is considering a project for constructing or improving a highway for which it is the highway authority, the project authority must, before details of the project are published, determine—
(a) whether or not the project is of a type specified in Annex I or Annex II, and
(b) if it considers the project is a relevant project of a type specified in Annex II, whether it should be made subject to an environmental impact assessment.
(2) In this Part “project authority” means—
(a) the Secretary of State,
(b) the Welsh Ministers, or
(c) a strategic highways company.
(3) When making a determination under subsection (1)(b), a project authority must have regard to the following—
(a) the information described in Annex II.A,
(b) the selection criteria set out in Annex III,
(c) any features of the project or measures envisaged to avoid or prevent what might otherwise be significant adverse effects on the environment, and
(d) the results of any relevant environmental assessment which are reasonably available to the authority.
(4) The project authority must make a determination under subsection (1)(b)—
(a) as soon as possible, and
(b) in any event within the period of 90 days beginning with the day on which it has access to the information mentioned in paragraphs (a), (c) and (d) of subsection (3).
(5) If the project authority is satisfied that it is appropriate to do so by reason of exceptional circumstances relating to a project (including circumstances relating to the nature, complexity, location or size of project), it may extend the period specified in subsection (4)(b).
(1) A project to which subsection (2) applies is to be treated in the same way as a project that the project authority considers is not of a type specified in Annex I or Annex II.
(2) This subsection applies to a project if—
(a) the Secretary of State directs that the project is a defence project, or
(b) the project authority determines that—
(i) the project is a civil emergency project, or
(ii) the exemption in subsection (6) applies to the project.
(3) The Secretary of State may direct that a project is a defence project only if satisfied that—
(a) the project has national defence as its sole purpose, and
(b) carrying out an environmental impact assessment would have an adverse effect on the fulfilment of that purpose.
(4) The Secretary of State must send a copy of any direction given under subsection (3)—
(a) to the Welsh Ministers, if the Welsh Ministers are the highway authority for the highway to which the project relates;
(b) to the strategic highways company, if the company is the highway authority for the highway to which the project relates.
(5) A project authority may determine that a project is a civil emergency project only if satisfied that—
(a) the project has the response to a civil emergency as its sole purpose, and
(b) carrying out an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of that purpose.
(6) A project authority may determine that this subsection applies to a project only if satisfied that—
(a) it is appropriate to do so by reason of exceptional circumstances,
(b) carrying out an environmental impact assessment in respect of the project would have an adverse effect on the fulfilment of the purpose of the project,
(c) the objectives of the Directive will be met even though such an assessment is not carried out, and
(d) the project is unlikely to have significant effects on the environment in an EEA state .
(7) Before making a determination under subsection (6), the project authority must consider whether another form of assessment of the effects of the project on the environment would be appropriate.
105AB Publication of screening decisions: projects not to be subject to an environmental impact assessment
(1) The project authority must publish a notice of—
(a) any determination that the exemption in section 105AA(6) applies to a project;
(b) any determination that a relevant project of a type specified in Annex II should not be made subject to an environmental impact assessment.
(2) A notice under subsection (1)(a) must—
(a) state the reasons for the determination, and
(b) state whether another form of assessment of the effects of the project on the environment is considered appropriate.
(3) A notice under subsection (1)(b) must—
(a) state the reasons for the determination with reference to the relevant selection criteria set out in Annex III, and
(b) include a description of any features of the project, or other measures, which are proposed by the authority to avoid or prevent significant adverse effects on the environment.
(4) If the project authority publishes a notice under subsection (1)(a), the project authority must publish the results of any other assessment considered appropriate for the purposes of section 105AA(7).
105B Publication of screening decision and environmental statement for projects subject to an environmental impact assessment
(1) This section applies of a project authority considers that a project—
(a) is of a type specified in Annex I, or
(b) is a relevant project of a type specified in Annex II which should be made subject to an environmental impact assessment.
(2) The project authority must, not later than the date when details of the project itself are published—
(a) ensure that an environmental statement is prepared for the project, and
(b) publish a notice of the environmental statement so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express their opinion before a decision is made as to whether to proceed with the construction or improvement to which the statement relates.
(3) The environmental statement for the project—
(a) must be prepared by competent experts,
(b) must include the information which, taking into account current knowledge and methods of assessment, is reasonably required by the project authority to reach a reasoned conclusion about the significant effects of the project on the environment (as required by section 105CA) and in particular the information specified in subsection (4) of this section, and
(c) with a view to avoiding duplication of assessments, must take into account the results of any relevant environmental assessment which are reasonably available to the project authority.
(4) The specified information is—
(a) a description the site, design, size and any other relevant features of the project,
(b) a description of the likely significant effects of the project on the environment,
(c) a description of the features of the project or measures envisaged to avoid, prevent or reduce and, if possible, offset any likely significant effects of the project on the environment,
(d) a description of the reasonable alternatives studied by the project authority which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment,
(e) a non-technical summary of the information mentioned in paragraphs (a) to (d), and
(f) any additional information of a type specified in Annex IV that is relevant to the specific characteristics of the project, or type of project, and to the environmental features likely to be affected.
(5) The environmental statement must be accompanied by a statement from the project authority setting out the relevant expertise or qualifications of the experts who prepared the environmental statement.
(6) The notice published under subsection (2)(b) must state—
(a) that the project authority, as the relevant highway authority, is considering implementing the project;
(b) the proposed location and nature of the project;
(c) that the project is subject to an environmental impact assessment and, where relevant, that section 105C applies;
(d) if the project is a relevant project of a type specified in Annex II, the reasons for the determination that the project should be made subject to an environmental impact assessment with reference to the selection criteria set out in Annex III;
(e) that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (j);
(f) the times at which the copy of the environmental statement may be so inspected;
(g) an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under paragraph (j);
(h) if a charge is to be made for a copy of the environmental statement, the amount of the charge;
(i) that a copy of the environmental statement may be inspected on the official website;
(j) that any person wishing to make representations about the project and the environmental statement may do so in writing to the project authority at a specified address for a specified period, being not less than 6 weeks from the date of publication of the notice, and
(k) that the project authority will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.
(7) The project authority must ensure that during the period specified under subsection (6)(j)—
(a) copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (6)(e),
(b) copies of the environmental statement are available to be obtained by any person from the address specified under subsection (6)(g), and
(c) that a copy of the environmental statement is available for inspection by any person on the official website.
(8) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the project authority for the supply of a copy of the environmental statement—
(a) to a person other than a consultation body, or
(b) to a consultation body to which one copy has already been supplied free of charge.
(9) The project authority must ensure that the consultation bodies are given an opportunity to express an opinion on the project and the environmental statement before the authority carries out the consideration required by section 105CA(1).
(1) Where in order to proceed with the construction or improvement in relation to which an environmental statement has been made it is necessary for the project authority to make—
(a) an order or scheme to which Schedule 1 to this Act applies, or
(b) a compulsory purchase order in the exercise of highway land acquisition powers,
the project authority must, so far as is practicable to do so, take the steps required of it by this Part of this Act concurrently with the corresponding steps required of it by Schedule 1 to this Act or the Acquisition of Land Act 1981 (as the case may be) in connection with the making of the related instruments.
(2) Where, in respect of a project, there is a requirement to carry out—
(a) an environmental impact assessment, and
(b) an assessment under regulation 61 of the Conservation of Habitats and Species Regulations 2010,
the project authority must, so far as is practicable to do so, ensure that the assessments are co-ordinated.
(1) This section applies if–
(a) it appears to the project authority that a project to which section 105B applies is likely to have a significant effect on the environment in an EEA state ; or
(b) an EEA State the environment of which is likely to be significantly affected by such a project asks the project authority for information about it.
(2) The project authority must give the EEA State –
(a) a description of the project, together with any information available to the authority which suggests that it may have a significant effect on the environment in the EEA State ;
(b) any information which the authority has on the nature of the decision which may be taken on the project;
(c) such information about the procedure required by this Part of this Act as the authority considers appropriate; and
(d) a reasonable period within which to indicate whether it wishes to participate in that procedure.
(3) Subsection (2)(a) and (b) must be complied with no later than the date of publication of the notice under section 105B(2)(b) .
(4) If the EEA State indicates that it wishes to participate in the procedure required by this Part of this Act , the project authority must give it–
(a) a copy of the environmental statement for the project (if the authority has not already done so); . . .
(b) the information required by subsection (6) of section 105B to be included in the notice under subsection (2)(b) of that section; and
(c) any information about the procedure required by this Part of this Act which the authority considers it appropriate to give and which has not already been given to the EEA State.
(5) The project authority must also –
(a) arrange for the information which the authority has given to the EEA State to be made available, within a reasonable time, to–
(i) the consultation bodies, and
(ii) members of the public in the EEA State who are likely to be concerned; and
(b) ensure that those authorities and the public concerned are given a reasonable opportunity to give the project authority their views before the project authority decides whether to proceed with the project to which the environmental impact assessment relates.
(6) The Secretary of Stateor the strategic highways company must ...–
(a) enter into consultations with the EEA State concerned regarding, among other matters, the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate those effects; and
(b) agree with that EEA State a reasonable period for those consultations.
(6A) The consultations required under subsection (6)(a) may be carried out through an appropriate joint body set up for that purpose.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
105CA Conclusion about environmental impact of a project for constructing or improving a highway
(1) Before deciding whether or not to proceed with a project for which notice of an environmental statement is published in accordance with section 105B, the project authority—
(a) must consider the matters specified in subsection (2), and
(b) following that consideration, must reach a reasoned conclusion about the significant effects of the proposed construction or improvement on the environment.
(2) The specified matters are—
(a) the environmental statement,
(b) any relevant opinion received by the project authority on the project or the statement,
(c) where an EEA State indicates under section 105C that it wishes to participate in the procedure required by this Part of this Act, any relevant EEA opinion received by the project authority on the project or the statement,
(d) any features of the project, or measures, envisaged to avoid, prevent or reduce, and if possible, offset any likely significant adverse effects of the project on the environment, and
(e) any other information of a description specified in Annex IV which is directly relevant to the conclusion to be reached on the environmental impact of the project.
(3) For the purposes of subsection (2)(b), an opinion on a project or an environmental statement is a relevant opinion if—
(a) it is expressed in writing by a consultation body or any other person, and
(b) it is received by the project authority within the period specified for the purpose by the authority.
(4) For the purposes of subsection (2)(c), an opinion on a project or an environmental statement is a relevant EEA opinion if—
(a) it is expressed in writing by—
(i) the EEA State,
(ii) a member of the public in the EEA State, or
(iii) an authority having environmental responsibilities designated by the EEA State to be consulted about the project under Article 6(1) of the Directive, and
(b) it is received by the project authority within the period specified for the purpose by the project authority.
(5) The period specified for the purposes of subsection (3)(b) or subsection (4)(b) must not be less than 42 days beginning with the day on which the notice of the environmental statement is published in accordance with section 105B(2)(b).
(6) The project authority must obtain such expert advice as appears to the authority to be necessary for the purposes of considering the environmental statement.
105CB Decision about whether or not to proceed with a project subject to an environmental impact assessment
(1) When deciding whether or not to proceed with a project for which notice of an environmental statement is published in accordance with section 105B, the project authority—
(a) must take into account its reasoned conclusion under section 105CA(1)(b), and
(b) must consider whether to make provision for monitoring significant adverse effects of the construction or the improvement on the environment.
(2) The project authority may decide to proceed with the project only if satisfied that the reasoned conclusion is up to date.
(3) The project authority may make provision for monitoring significant adverse effects on the environment only if satisfied that the type of parameters which will be required to be monitored and the duration of such monitoring are proportionate having regard to—
(a) the nature, location and size of the project, and
(b) the significance of the effects of the project on the environment.
(4) If the project authority decides to proceed with the project, it must implement any relevant feature or other measure envisaged to avoid, prevent or reduce, and if possible, offset any significant adverse effects of the project on the environment.
(5) For the purposes of subsection (4) a feature of a project or other measure is relevant if it was taken into account by the project authority in reaching the reasoned conclusion required under section 105CA(1)(b).
The project authority must—
(a) reach the reasoned conclusion required by section 105CA(1)(b), and
(b) decide whether or not to proceed with the relevant construction or improvement,
within a reasonable period of time (having regard to the nature and complexity of the project) beginning on the day on which the authority begins the consideration required by section 105CA(1)(a).
(1) When the project authority has decided whether or not to proceed with the construction or improvement subject to an environmental impact assessment, it must—
(a) publish its reasoned conclusion under section 105CA(1)(b),
(b) publish its decision and a decision statement, and
(c) if an EEA State has been consulted in accordance with section 105C(4), inform the EEA State of the decision and give the EEA State a copy of the decision statement.
(2) A decision statement must—
(a) confirm that the project authority has complied with the requirements of this Part of this Act,
(b) include a summary of the reasoned conclusion under section 105CA(1)(b),
(c) include a summary of the decision and any conditions attached to the decision,
(d) state the main reasons and considerations on which the decision is based, and
(e) include a summary of the consultations carried out under this Part of this Act, the results of those consultations and how those consultations have been taken into account in the conclusion and decision,
(f) where the authority’s decision is to proceed with the project, describe the right under section 105D(1) to challenge the validity of the decision.
(1) If a person aggrieved by a decision of the project authority to proceed with the construction or improvement for which an environmental statement has been made desires to question the validity of the decision on the ground that—
(a) it is not within the powers of this Act; or
(b) any requirement of this Part of this Act has not been complied with in relation to the decision;
he may, within 6 weeks from the date on which the decision is first published under section 105B (6), make an application for the purpose to the High Court.
(2) On any such application, the Court—
(a) may by interim order suspend the operation of the decision, or any aspect of it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
(b) if satisfied that the decision is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Part of this Act, may quash the decision or any aspect of it, either generally or in so far as it affects any property of the applicant.
(3) Subject to subsection (2), a decision to which subsection (1) applies shall not be questioned in any legal proceedings whatever.
106 Orders and schemes providing for construction of bridges over or tunnels under navigable waters.
(1) Provision may be made by an order made by the Minister under this subsection or under section 10 above (orders for trunk roads) for the construction of a bridge over or a tunnel under any specified navigable waters as part of a trunk road.
(2) Provision may be made by a scheme under section 16 above (schemes for special roads) for the construction of a bridge over or a tunnel under specified navigable waters as part of a special road.
(3) Provision may be made by a scheme made by a local highway authority or a strategic highways company under this subsection, and confirmed by the Minister, for the construction of a bridge over or a tunnel under specified navigable waters as part of a highway or proposed highway which is or is to be a highway (other than a special road) maintainable at the public expense by the authority or company.
(4) Provision may be made by an order under section 14 above (roads that cross or join trunk or classified roads) or section 18 above (supplementary orders relating to special roads)—
(a) for the construction of a bridge over or tunnel under specified navigable waters as part of a highway which is to be altered or constructed in pursuance of the order;
(b) where the order authorises the highway authority by whom it is made to provide a new means of access to any premises from a highway, for the access to be provided by means of a bridge over specified navigable waters and for the construction of the bridge.
(4A) Subsections (1) and (3) are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders or schemes in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders or schemes in relation to highways for which infrastructure consent required).
(5) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under subsection (1) above, Parts II and III of that Schedule have effect as to the making of a scheme under subsection (3) above and Schedule 2 to this Act has effect as to the validity and date of operation of any such order or scheme.
(6) A scheme under subsection (3) above may be submitted to the Minister jointly by any two or more ... highway authorities, and any such scheme may determine which of those authorities is to be the highway authority for the bridge or tunnel or any part of it, and may provide—
(a) for the performance by that authority, in relation to the bridge or tunnel or that part of it, of any of the highway functions of any other authority who are party to the application, and
(b) for the making of contributions by that other authority to the highway authority in respect of expenditure incurred in the performance of those functions.
(7) References in this section, in relation to any order or scheme, to specified navigable waters are references to such navigable waters (whether the sea, a river or other waters) as may be specified in the order or scheme.
(8) References in the following provisions of this Part of this Act to an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters are references to any order or scheme made under or by virtue of subsection (1), (2), (3) or (4) above.
(1) Before making or confirming an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters, the Minister shall take into consideration the reasonable requirements of navigation over the waters affected by the order or scheme.
(2) An order or scheme which provides for the construction of such a bridge shall include such plans and specifications as may be necessary to indicate the position and dimensions of the proposed bridge including its spans, headways and waterways, and in the case of a swing bridge shall contain such provisions as the Minister considers expedient for regulating its operation.
(3) An order or scheme which provides for the construction of such a tunnel shall include such plans and specifications as may be necessary to indicate the position and dimensions of the proposed tunnel, including its depth below the bed of the navigable waters.
(4) If objection to an order or scheme proposed to be made or, as the case may be, to an order or scheme made and proposed to be confirmed, is duly made in accordance with Schedule 1 to this Act by the Environment Agency, the Natural Resources Body for Wales or anynavigation authority on whom notice is required to be served under paragraph 3 or, as the case may be, paragraph 11 of that Schedule, on the ground that the bridge or tunnel is likely to obstruct or impede the performance of their functions under any enactment, or to interfere with the reasonable requirements of navigation over the waters affected by the order or scheme, as the case may be, and the objection is not withdrawn, the order or scheme, as the case may be, shall be subject to special parliamentary procedure.
(1) An order made under this subsection may authorise a highway authority to divert such part of any navigable watercourse as may be specified in the order if, in the opinion of the authority, the diversion of that part is necessary or desirable in connection with—
(a) the construction, improvement or alteration of a highway;
(b) the provision of a new means of access to any premises from a highway; or
(c) the provision of a maintenance compound or, if that authority are a special road authority, of a service area.
(1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required).
(2) An order under subsection (1) above shall—
(a) if the authority proposing to divert the watercourse is the Minister, be made by him; and
(b) if that authority are a any other highway authority, be made by that authority and confirmed by the Minister.
(3) Parts I and III of Schedule 1 to this Act have effect as to the making of any order under subsection (1) above, and Schedule 2 to this Act has effect as to the validity and date of operation of any such order.
(4) An order or scheme which provides for the construction of a bridge over or a tunnel under any navigable waters may authorise the highway authority by whom the bridge or tunnel is to be constructed to divert such part of any navigable watercourse as may be specified in the order or scheme if, in the opinion of that authority, the diversion of that part is necessary or desirable for purposes connected with the bridge or tunnel, or its construction.
(5) An order under section 14 or 18 above may authorise the highway authority by whom the order is made to divert such part of any navigable watercourse as may be specified in the order if, in the opinion of that authority, the diversion of that part is necessary or desirable in connection with—
(a) the construction or improvement of the trunk road, special road or classified road, as the case may be, to which the order relates;
(b) the construction or alteration of any other highway to which the order relates;
(c) the provision in pursuance of the order of a new means of access to any premises; or
(d) the provision of a maintenance compound in connection with the trunk road, special road or classified road, as the case may be, to which the order relates or, in the case of an order under section 18, the provision of a service area.
(6) Where by virtue of an order under subsection (1) above or an order or scheme falling within subsection (4) or (5) above a highway authority are authorised to divert any part of a navigable watercourse they may also divert any towing path or other way adjacent to that part.
(1) Where a navigable watercourse is to be diverted in pursuance of an order under section 108(1) above or of any order or scheme falling within section 108(4) or (5) above, any new length of watercourse provided in pursuance of the order or scheme shall be such as will or, but for any bridge or tunnel constructed over or under it in pursuance of any order or scheme falling within section 108(4), would be navigable in a reasonably convenient manner by vessels of a kind which immediately before the date of the coming into operation of the order or scheme were accustomed to use that part of the watercourse which is to be replaced by the new length.
(2) Where works for the diversion of a watercourse are carried out by a highway authority in accordance with any such order or scheme and any person suffers damage in consequence thereof by the depreciation of any interest in any land to which he is entitled or by reason of the fact that his right of access to a watercourse is extinguished or interfered with then, unless the works are carried out on land, or in the exercise of rights, acquired compulsorily in the exercise of highway land acquisition powers, that person is entitled to recover from the highway authority compensation under this subsection in respect of that damage.
110 Power to divert non-navigable watercourses and to carry out other works on any watercourse.
(1) Subject to the provisions of this section, a highway authority may divert any part of a watercourse, other than a navigable watercourse, or carry out any other works on any part of a watercourse, including a navigable watercourse, if, in the opinion of that authority, the carrying out of the works is necessary or desirable in connection with—
(a) the construction, improvement or alteration of a highway;
(b) the provision of a new means of access to any premises from a highway; or
(c) the provision of a maintenance compound, a trunk road picnic area, a lorry area or a service area.
(1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required) and section 20(4) of the Infrastructure (Wales) Act 2024 (exclusion of power to authorise diversion of non-navigable waters in relation to highways for which infrastructure consent required).
(2) This section does not apply to any works which a highway authority are authorised to carry out by virtue of an order or scheme which has been made or confirmed in accordance with Schedule 1 to this Act.
(3) Before carrying out any works under this section, the highway authority shall consult every council in whose area the works are to be carried out.
(4) Where works are carried out by a highway authority under this section and any person suffers damage in consequence thereof by the depreciation of any interest in any land to which he is entitled or by reason of the fact that his right of access to a watercourse is extinguished or interfered with, then, unless the works are carried out on land, or in the exercise of rights, acquired compulsorily in the exercise of highway land acquisition powers, that person is entitled to recover from the highway authority compensation under this subsection in respect of the damage.
(5) Subject to subsection (7) below, a highway authority who propose to carry out any works under this section shall serve on the owner and the occupier of the land affected a notice stating their intention to carry out those works and describing them and informing him that he may within 28 days after service of the notice on him by notice to the authority object to the proposed works.
(6) If within that period the owner or occupier of the land affected objects to the proposed works and the objection is not withdrawn, then—
(a) if the objection is to works proposed to be carried out by the Minister, he shall consider the objection before carrying them out; and
(b) if the objection is to works proposed to be carried out by a local highway authority or a strategic highways company, they must not be carried out without the consent of the Minister who may grant such consent either unconditionally or subject to such terms and conditions as he thinks just.
(7) Subsections (5) and (6) above do not have effect in relation to works that are to be carried out—
(a) on land that has been acquired by the highway authority in question, either compulsorily or by agreement, in the exercise of highway land acquisition powers, for the purpose of carrying out those works, or
(b) in the exercise of rights so acquired by that authority for that purpose.
(1) In this Part of this Act “navigable waters” and “navigable watercourse” means waters or a watercourse, as the case may be, over which a public right of navigation exists; and any waterway comprised in the undertaking of Canal & River Trustwhich is for the time being specified in Part I or Part II of Schedule 12 to the Transport Act 1968 (commercial and cruising waterways) is to be deemed to be navigable waters and a navigable watercourse for the purposes of this Part of this Act.
(2) References in this Part of this Act to an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters are to be construed in accordance with section 106(8) above.
112 Provision of picnic sites and public conveniences for users of trunk roads.
(1) The Ministeror a strategic highways company may provide on land adjoining, or in the vicinity of, a trunk road . . . a picnic site for motorists and others likely to use the road with space for parking vehicles and a means of access to and from a highway.
An area of any such land as aforesaid in which there are, or are to be, provided such a picnic site, parking space and means of access as aforesaid is in this Act referred to as a “trunk road picnic area”.
(2) The Ministeror a strategic highways company may erect buildings and execute works on a trunk road picnic area for the purpose of providing all or any of the following:—
(a) parking places for vehicles,
(b) a means of access to or from the area from or to a highway,
(c) public sanitary conveniences (including lavatories), and
(d) facilities for the provision and consumption of meals and refreshments,
and may equip buildings erected by himor the company under this subsection with such furniture and apparatus as may be necessary for the purpose of providing such conveniences or facilities.
(3) The Ministeror a strategic highways company may manage a trunk road picnic area (including, in particular, by enforcing controls on parking there and recovering the costs of doing so), but may not provide meals or refreshments on such an area.
(4) The Ministeror a strategic highways company may make arrangements with some other person . . . —
(a) for such conveniences or facilities as are referred to in subsection (2) above to be provided by that other person, or
(b) for meals or refreshments to be provided on the trunk road picnic area by that other person;
and the powers of the Ministeror a strategic highways company under this subsection include power to lease the trunk road picnic area or any part of it to that other person.
(5) The Ministeror a strategic highways company may provide public sanitary conveniences (including lavatories) in proper and convenient situations on or under land forming part of a trunk road . . . , or adjoining, or in the vicinity of, such a road and may manage such conveniences.
(6) The Ministeror the strategic highways company, whichever is highway authority for the trunk road, shall pay compensation to any person who sustains damage by reason of the execution by himor it under this section of any works on or under a trunk road.
(7) A council may contribute towards any expenses incurred by the Ministeror a strategic highways company under this section.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113 Exercise by council of functions of Ministeror a strategic highways company with respect to management or provision of picnic sites etc.
(1) The Ministeror a strategic highways company may by agreement with a council delegate to the council all or any of hisor it functions with respect to the management of a trunk road picnic area or with respect to the management of public sanitary conveniences provided by himor it under section 112(5) above.
(2) Subsections (2) to (4) of section 6 above (discharge of functions delegated ... to council and termination of delegation) apply in relation to functions delegated, and a delegation, to a council under subsection (1) above as they apply in relation to functions delegated, and a delegation, to a council under subsection (1) of that section.
(3) The Ministeror a strategic highways company may enter into agreements with a council—
(a) for the provision by the council on a trunk road picnic area of a picnic site for motorists and others likely to use the road,
(b) for the doing by the council of anything which heor it has power to do on that area under section 112(2) or (3) above, or
(c) for the discharge by the council of all or any of hisor its functions under section 112(5) above,
so, however, that subsections (2) and (3) of section 6 above apply to the discharge of the functions of a council under any such agreement and to the conditions to be included in any such agreement as they apply to the discharge of functions delegated under that section to a council and to the conditions to be attached to any such delegation.
(4) Plant or materials belonging to a council to whom functions are delegated under subsection (1) above or with whom an agreement is made under subsection (3) above may be used by them for the purposes of those functions or of that agreement, subject to the terms of the delegation or agreement.
(5) Where any functions of the Ministeror a strategic highways company as respects a trunk road picnic area stand delegated to a council under subsection (1) above, or are functions of a council by virtue of an agreement under subsection (3) above, then, except in so far as any conditions attached to the delegation or included in the agreement, as the case may be, otherwise provide, that council—
(a) shall make available any relevant facilities and services for those who do not normally reside in the area of the council as freely as for those who do;
(b) shall have power to make reasonable charges for any relevant facilities or sevices;
(c) may arrange for any relevant facilities or services to be provided by some other person and, when they make such arrangements, may authorise that person to make reasonable charges for them; and
(d) may arrange with some other person, other than another council, for the provision by that other person of meals or refreshments on the trunk road picnic area.
References in this subsection to relevant facilities and services are references to facilities and services provided by the council in exercise of powers exercisable by them by virtue of the delegation or agreement referred to in this subsection.
(6) Any power to provide buildings or other premises, or any services or facilities, or anything else, exercisable by a council by virtue of any such delegation or agreement as is referred to in subsection (5) above includes power to enter into agreements with some other person for the use, on such terms as may be agreed, of anything, or any facilities or services, provided by, or under the control of, that other person and, if it appears convenient, for the services of any staff employed in connection therewith.
(7) Where any functions of the Ministeror a strategic highways company with respect to the management or provision of public sanitary conveniences stand delegated to a council under subsection (1) above, or are functions of a council by virtue of an agreement under subsection (3) above, the council may make byelaws as to the conduct of persons using or entering those conveniences.
114 Provision of public conveniences by county council for users of roads for which they are the highway authority.
(1) Where the highway authority for a highway or proposed highway are or, as the case may be, will be a county council or metropolitan district council they may provide public sanitary conveniences (including lavatories) in proper and convenient situations on or under land adjoining, or in the vicinity of, the highway or proposed highway, and may manage such conveniences.
(2) Before providing any conveniences under subsection (1) above a county council shall give notice of their intention to do so to the council of the district in which the conveniences will be situated.
(2A) In subsection (2) above, the reference to the council of the district in which the conveniences will be situated shall be read in relation to Wales as a reference to the Welsh council in whose area the conveniences will be situated.
(2B) Where the highway authority referred to in subsection (1) above are or, as the case may be, will be a Welsh council—
(a) subsection (2) above does not apply; but
(b) before providing any conveniences under subsection (1) above outside their county or county borough they shall give notice of their intention to do so to the Welsh council or, as the case may be, the district council in whose area the conveniences will be situated.
(3) A county council or metropolitan district council who provide conveniences under subsection (1) above may make byelaws as to the conduct of persons using or entering them.
(4) The powers in subsection (1) are without prejudice to—
(a) section 87 of the Public Health Act 1936 (provision of public conveniences in England);
(b) section 116 of the Public Health (Wales) Act 2017 (local authority power to provide public toilets in Wales).
115 Provision of areas for parking heavy goods vehicles, etc.
(1) A highway authority may provide on land adjoining, or in the vicinity of, a highway or proposed highway for which they are or, as the case may be, will be the highway authority an area, which may be used for all or any of the following purposes;
(a) the parking of heavy goods vehicles;
(b) the transfer of goods to or from any such vehicle from or to any other vehicle; and
(c) the temporary storage of goods which have been or are to be carried or hauled by heavy goods vehicles.
An area provided under this section is in this Act referred to as a “lorry area”.
(2) For the purpose of enabling a lorry area to be used as mentioned in subsection (1) above, the highway authority by whom the area is provided may erect buildings and execute works on the area for the purpose of providing all or any of the following:
(a) parking places for heavy goods vehicles and, if the lorry area is to be used for either or both of the purposes mentioned in subsection (1)(b) and (c) above, parking places for other vehicles which will be on the area in connection with that purpose or those purposes;
(b) a means of access to or from the area from or to a highway;
(c) facilities for the accommodation of persons who will be on the lorry area in connection with any purpose for which the area may be used in pursuance of subsection (1) above or with the provision on the area of any such facilities as are mentioned in this subsection;
(d) facilities for the provision of meals and refreshments for such persons as are mentioned in paragraph (c) above;
(e) facilities for handling and storing goods which have been or are to be carried or hauled by heavy goods vehicles;
(f) service station facilities for such vehicles and for other vehicles entitled to be on the lorry area;
(g) sanitary conveniences (including lavatories) for such persons as are mentioned in paragraph (c) above;
and may install or provide in buildings erected by them under this subsection or elsewhere on the lorry area such equipment, furniture and apparatus as may be necessary for the purpose of providing such facilities or conveniences.
(3) A highway authority may make arrangements with some other person, other than a council, for anything which that authority have power to do under subsection (2) above to be done by that other person and may lease the lorry area or any part of it to that other person, but may not themselves operate any such facilities as are mentioned in paragraphs (c), (d), (e) and (f) of that subsection.
(4) Where a lorry area is provided by the Minister under this section he may enter into agreements with a council for the exercise by the council of all or any of his powers under subsection (2) above or of the powers conferred on him in his capacity as a highway authority by virtue of subsection (6) below.
(5) Subsections (2) and (3) of section 6 above (discharge of functions delegated by the Minister to a council) apply to the exercise of the powers of a council under any agreement made under subsection (4) above and to the conditions to be included in any such agreement as they apply to the discharge of functions delegated under that section to a council and to the conditions to be attached to any such delegation.
(6) Section 35 of the Road Traffic Regulation Act 1984 (power to make orders as to use of certain parking places) applies in relation to a lorry area as it applies in relation to an off-street parking place provided under section 32 of that Act, as if for references to a local authority and such a parking place there were substituted references to a highway authority and a lorry area respectively; and section 112 of and Parts I, II, III and IV of Schedule 9 to that Act (provisions with respect to certain orders and offences, including orders and offences under the said section 35) have effect as if—
(a) references therein to the said section 35 and a local authority included references to that section as applied by this subsection and a local highway authority respectively;
(b) references in Part IV of Schedule 9 to a parking place included references to a lorry area; and
(c) the reference in section 112(2) to the local authority for the parking place included a reference to the highway authority by whom the lorry area was provided.
(7) A council may contribute towards any expenses incurred by the Minister under this section.
(8) In this section—
“goods” includes goods or burden of any description;
“heavy goods vehicle” means a motor vehicle constructed or adapted for use for the carriage or haulage of goods and having an unladen weight of 2 tons or more, or a trailer;
“motor vehicle” has the same meaning as in the Road Traffic Act 1988;
“trailer” means a vehicle constructed or adapted for use for the carriage of goods and drawn or intended to be drawn by a motor vehicle.
(1) This part of this Act applies—
(a) to a highway in relation to which a pedestrian planning order is in force;
(aa) to a restricted byway;
(b) to a bridleway;
(c) to a footpath (including a walkway as defined in section 35(2) above);
(d) to a footway;
(e) to a subway constructed under section 69 above;
(f) to a footbridge constructed under section 70 above;
(g) to a highway of a description not mentioned in any of the preceding paragraphs of this definition whose use by vehicular traffic is prohibited by a traffic order but whose use by other traffic is not prohibited or restricted or regulated by such an order; and
(h) to a local Act walkway.
(2) In this Part of this Act—
“local Act walkway” means a way or place which is declared in pursuance of a local enactment to be a walkway, city walkway or pedestrian way;
“pedestrian planning order” means an order made under section 249(2) or (2A) of the Town and Country Planning Act 1990; and
“traffic order” means an order made under section 1 or 6 of the Road Traffic Regulation Act 1984 (traffic regulation orders) or under section 9 of that Act (experimental traffic orders); and
“walkway consent” means—
(a) in relation to a walkway as defined in section 35(2) above, the consent—
(i) of any person who is an occupier of the building in which the walkway subsists and to whom subsection (3) below applies; and
(ii) of the persons whose agreement would be needed for the creation of the walkway if it did not already subsist; and
(b) in relation to a local Act walkway, the consent—
(i) of any person who is an owner or occupier of premises adjoining the walkway and to whom subsection (3) below applies; and
(ii) of the owner of the land on, under or above which the walkway subsists.
(3) The persons to whom this subsection applies are persons who, in the opinion of a council, are likely to be materially affected—
(a) by the exercise of a power which the council may not exercise until they have first obtained walkway consent; or
(b) by a grant of permission which the council may not grant unless they have first obtained walkway consent.
(4) In the following provisions of this Part of this Act “walkway” includes both a walkway as defined in section 35(2) above and a local Act walkway.
(5) Any reference in this Part of this Act to a highway to which this Part of this Act applies includes a reference to a local Act walkway which but for this subsection—
(a) is not a highway; or
(b) is a highway only for certain purposes.
(6) The use of a highway by vehicular traffic is to be taken as prohibited for the purposes of this Part of this Act where its use by such traffic is prohibited over the whole width of the highway even if the prohibition is contained in a traffic order which does not prohibit certain vehicles or certain classes of vehicle using the highway or part of it or using the highway or part of it at certain times or on certain days or during certain periods.
(7) In this Part of this Act “frontagers” means the owners and occupiers of any premises adjoining the part of a highway on, in or over which an object or structure would be placed or on which facilities for recreation or refreshment or both have been, are being or would be provided; but frontagers have an interest under this Part of this Act only in proposals to place objects or structures or provide or operate facilities wholly or partly between their premises and the centre of the highway.
(8) References to a council in this Part of this Act include references to the Council of the Isles of Scilly.
115B Provision etc. of services and amenities by councils.
(1) Subject to subsections (4), (5) and (7) below, a council shall have power—
(a) to carry out works on, in or over a highway to which this Part of this Act applies; and
(b) to place objects or structures on, in or over such a highway, for the purpose—
(i) of giving effect to a pedestrian planning order;
(ii) of enhancing the amenity of the highway and its immediate surroundings; or
(iii) of providing a service for the benefit of the public or a section of the public.
(2) A council shall have power to maintain—
(a) any works carried out under paragraph (a) of subsection (1) above; and
(b) any objects or structures placed on, in or over a highway under paragraph (b) of that subsection.
(3) Without prejudice to the generality of this section, the amenity of a highway may be enhanced by providing lawns, trees, shrubs or flowers.
(4) A council may not exercise the powers conferred by this section on, in or over a walkway unless they have first obtained walkway consent.
(5) Where subsection (6) below applies, a council may not, in the exercise of the power conferred by subsection (1)(b) above, place an object or structure on, in or over a highway—
(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; and
(ii) to the purpose for which it is to be placed.
(6) This subsection applies where the object or structure would be placed—
(a) on, in or over a footpath;
(b) on, in or over a bridleway; or
(c) on, in or over a footway in relation to which no pedestrian planning order or traffic order is in force.
(7) Where a council propose—
(a) to place an object or structure 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; or
(ii) for the purpose of providing a centre for advice or information; and
(b) to grant a person permission under section 115E below to use the object or structure,
they may not exercise the power conferred by subsection (1)(b) above 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.
115C Provision of recreation and refreshment facilities by councils.
(1) Subject to subsections (2) and (3) below, a council shall have power to provide, maintain and operate facilities for recreation or refreshment or both on a highway to which this Part of this Act applies.
(2) A council may not exercise the powers conferred by this section on a walkway unless they have first obtained walkway consent.
(3) Where subsection (4) below applies, a council may not exercise the powers conferred by this section unless they have first obtained the consent of the frontagers with an interest.
(4) This subsection applies where the facilities are to be provided—
(a) on a footpath; or
(b) on a bridleway; or
(ba) on a restricted byway; or
(c) on a footway in relation to which no pedestrian planning order or traffic order is in force.
A council may exercise their powers under section 115B or 115C above to restrict the access of the public to any part of a highway to which this Part of this Act applies, but shall not so exercise them—
(a) as to prevent traffic, other than vehicular traffic,—
(i) entering the highway at any place where such traffic could enter it before, as the case may be, the making of a pedestrian planning order or a traffic order in relation to it or the exercise in relation to it of a power conferred by this Part of this Act; or
(ii) passing along it; or
(iii) having normal access to premises adjoining it; or
(b) as to prevent any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order; or
(c) as to prevent statutory undertakers . . . having access to any apparatus of theirs under, in, on or over the highway ; or
(d) as to prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.
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.
115F Power to impose conditions on permissions under section 115E.
(1) Subject to subsections (2) to (4) below, a council may grant a permission under section 115E above upon such conditions as they think fit, including conditions requiring the payment to the council of such reasonable charges as they may determine.
(2) Except where the council are the owners of the subsoil beneath the part of the highway in relation to which the permission is granted, the charges may not exceed the standard amount.
(3) In subsection (2) above, “the standard amount” means—
(a) in relation to permission to use an object or structure provided by a council, the aggregate—
(i) of the cost of providing it; and
(ii) of such charges as will reimburse the council their reasonable expenses in connection with granting the permission;
(b) in relation to permission to operate facilities provided by a council for recreation or refreshment or both, the aggregate—
(i) of the cost of providing them; and
(ii) of such charges as will reimburse the council their reasonable expenses in connection with granting the permission; and
(c) in any other case, such charges as will reimburse the council their reasonable expenses in connection with granting the permission.
(4) Nothing in this section shall prejudice the right of a council to require an indemnity against any claim in respect of injury, damage or loss arising out of the grant of the permission; but this subsection is not to be taken as requiring any person to indemnify a council against any claim in respect of injury, damage or loss which is attributable to the negligence of the council.
115G Notices to be given before exercise of powers under Part VIIA.
(1) Subject to subsection (4) below, a council shall not—
(a) exercise any power conferred by section 115B or 115C above; or
(b) grant any permission under section 115E above unless they have first published a notice under this section.
(2) A council shall publish a notice under this section—
(a) by affixing it in a conspicuous position at or near the place to which the proposal relates; and
(b) by serving a copy of the notice on the owner and occupier of any premises appearing to the council to be likely to be materially affected.
(3) A notice under this section—
(a) shall give details of the proposal; and
(b) shall specify a period (being not less than 28 days after the publication of the notice) during which representations regarding the proposal may be made to the council.
(4) No notice under this section is required where a council propose to exercise a power conferred by section 115B or 115C above in relation to a highway in relation to which a pedestrian planning order or a traffic order has been made.
(5) Where a council have published a notice under this section, they shall not exercise the power or grant the permission to which the notice relates until they have taken into consideration all representations made to them in connection with the proposal within the period specified in the notice.
115H Duties to consult or obtain consent of other authorities.
(1) Subject to subsection (3) below, a council shall not—
(a) exercise any power conferred by section 115B or 115C above; or
(b) grant any permission under section 115E above, in relation to a highway unless they have consulted—
(i) any authority other than themselves who are the highway authority for the highway; and
(ii) any authority other than themselves who are a local planning authority, as defined in the Town and Country Planning Act 1990 for the area in which, as the case may be, they propose to exercise the power or to which the proposed permission would relate.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subsection (1) above shall have effect in relation to a highway—
(a) to which this Part of this Act applies; and
(b) in relation to which there is no pedestrian planning order in force, as if the requirement to consult the highway authority were a requirement to obtain their consent to the exercise of the power or the granting of the permission.
(4) Where a highway to which this Part of this Act applies is maintained by the British Railways Board or Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999), a council shall not exercise any power conferred by section 115B or 115C above or grant a permission in relation to it under section 115E above except with the consent of the Board or, as the case may be, Transport for London or that subsidiary of Transport for London .
(1) Consent to which this section applies is not to be unreasonably withheld but may be given subject to any reasonable conditions.
(2) Without prejudice to the generality of subsection (1) above, it may be reasonable for consent to which this section applies to be given for a specified period of time or subject to the payment of a reasonable sum.
(3) Consent is to be treated as unreasonably withheld for the purposes of this section if—
(a) the council have served a notice asking for consent on the person whose consent is required; and
(b) he fails within 28 days of the service of the notice to give the council notice of his consent or his refusal to give it.
(4) Any question whether consent is unreasonably withheld or is given subject to reasonable conditions shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Chartered Institute of Arbitrators.
(5) If—
(a) the arbitrator determines that consent has been unreasonably withheld; but
(b) it appears to him that there are conditions subject to which it would be reasonable to give it,
he may direct that it shall be treated as having been given subject to those conditions.
(6) If—
(a) the arbitrator determines that any condition subject to which consent has been given is unreasonable; but
(b) it appears to him that there are conditions subject to which it would have been reasonable to give it,
he may direct that it shall be treated as having been given subject to those conditions.
(7) Subject to subsection (8) below, the expenses and remuneration of the arbitrator shall be paid by the council seeking the consent.
(8) Where the arbitration concerns the consent of the British Railways Board or Transport for London, or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999) under section 115H(4) above, the arbitrator may give such directions as he thinks fit as to the payment of his expenses and remuneration.
(9) This section applies to consent required under any provision of this Part of this Act except section 115H(1) above.
(1) If it appears to a council that a person to whom they have granted a permission under section 115E above has committed any breach of the terms of that permission, they may serve a notice on him requiring him to take such steps to remedy the breach as are specified in the notice within such time as is so specified.
(2) If a person on whom a notice is served under subsection (1) above fails to comply with the notice, the council may take the steps themselves.
(3) Where a council have incurred expenses in the exercise of the power conferred on them by subsection (2) above, those expenses, together with interest at such reasonable rate as the council may determine from the date of service of a notice of demand for the expenses, may be recovered by the council from the person on whom the notice under subsection (1) above was served.
116 Power of magistrates’ court to authorise stopping up or diversion of highway.
(1) Subject to the provisions of this section, if it appears to a magistrates’ court, after a view, if the court thinks fit, by any two or more of the justices composing the court, that a highway (other than a trunk road or a special road) as respects which the highway authority have made an application under this section—
(a) is unnecessary, or
(b) can be diverted so as to make it nearer or more commodious to the public,
the court may by order authorise it to be stopped up or, as the case may be, to be so diverted.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) If an authority propose to make an application under this section for an order relating to any highway (other than a classified road) they shall give notice of the proposal to—
(a) if the highway is in a non-metropolitan district, the council of that district; and
(aa) if the highway is in Wales, the Welsh council for the area in which it is situated if they are not the highway authority for it; and
(b) if the highway is in England, the council of the parish (if any) in which the highway is situated or, if the parish does not have a separate parish council, to the chairman of the parish meeting; and
(c) if the highway is in Wales, the council (if any) of the community in which the highway is situated;
and the application shall not be made if within 2 months from the date of service of the notice by the authority notice is given to the authority by the district council or Welsh council or by the parish or community council or, as the case may be, by the chairman of the parish meeting that the council or meeting have refused to consent to the making of the application.
(4) An application under this section may be made, and an order under it may provide, for the stopping up or diversion of a highway for the purposes of all traffic, or subject to the reservation of a footpath , bridleway or restricted byway.
(5) An application or order under this section may include 2 or more highways which are connected with each other.
(6) A magistrates’ court shall not make an order under this section unless it is satisfied that the applicant authority have given the notices required by Part I of Schedule 12 to this Act.
(7) On the hearing of an application under this section the applicant authority, any person to whom notice is required to be given under paragraph 1 of Schedule 12, any person who uses the highway and any other person who would be aggrieved by the making of the order applied for, have a right to be heard.
(8) An order under this section authorising the diversion of a highway—
(a) shall not be made unless the written consent of every person having a legal interest in the land over which the highway is to be diverted is produced to and deposited with the court; and
(b) except in so far as the carrying out of the diversion may necessitate temporary interference with the highway, shall not authorise the stopping up of any part of the highway until the new part to be substituted for the part to be stopped up (including, where a diversion falls to be carried out under orders of 2 different courts, any necessary continuation of the new part in the area of the other court) has been completed to the satisfaction of 2 justices of the peace acting in the same local justice area as the court by which the order was made and a certificate to that effect signed by them has been transmitted to the clerk of the applicant authority.
(9) Every order under this section shall have annexed to it a plan signed by the chairman of the court and shall be transmitted by a designated officer for the court to the proper officer of the applicant authority, together with any written consents produced to the court under subsection (8) above.
(10) Part II of Schedule 12 to this Act applies where, in pursuance of an order under this section, a highway is stopped up or diverted and, immediately before the order is made, there is under, in, upon, over, along or across the highway any apparatus belonging to or used by any statutory undertakers for the purpose of their undertaking.
(11) In this section “statutory undertakers” includes operators of driver information systems.
117 Application for order under section 116 on behalf of another person.
A person who desires a highway to be stopped up or diverted but is not authorised to make an application for that purpose under section 116 above may request the highway authority. . . to make such an application; and if the authority grant the request they may, as a condition of making the application, require him to make such provision for any costs to be incurred by them in connection with the matter as they deem reasonable.
118 Stopping up of footpaths , bridleways and restricted byways.
(1) Where it appears to a council as respects a footpath , bridleway or restricted byway in their area (other than one which is a trunk road or a special road) that it is expedient that the path or way should be stopped up on the ground that it is not needed for public use, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path or way.
An order under this section is referred to in this Act as a “public path extinguishment order”.
(2) The Secretary of State shall not confirm a public path extinguishment order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient so to do having regard to the extent (if any) to which it appears to him or, as the case may be, them that the path or way would, apart from the order, be likely to be used by the public, and having regard to the effect which the extinguishment of the right of way would have as respects land served by the path or way, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(3) A public path extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed, defining the land over which the public right of way is thereby extinguished.
(4) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of public path extinguishment orders.
(5) Where, in accordance with regulations made under paragraph 3 of the said Schedule 6, proceedings preliminary to the confirmation of the public path extinguishment order are taken concurrently with proceedings preliminary to the confirmation of a public path creation order , public path diversion order or rail crossing diversion order then, in considering—
(a) under subsection (1) above whether the path or way to which the public path extinguishment order relates is needed for public use, or
(b) under subsection (2) above to what extent (if any) that path or way would apart from the order be likely to be used by the public,
the council or the Secretary of State, as the case may be, may have regard to the extent to which the public path creation order , public path diversion order or rail crossing diversion order would provide an alternative path or way.
(6) For the purposes of subsections (1) and (2) above, any temporary circumstances preventing or diminishing the use of a path or way by the public shall be disregarded.
(6A) The considerations to which—
(a) the Secretary of State is to have regard in determining whether or not to confirm a public path extinguishment order, and
(b) a council are to have regard in determining whether or not to confirm such an order as an unopposed order,
include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the order would extinguish a public right of way.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
118A Stopping up of footpaths , bridleways and restricted byways crossing railways.
(1) This section applies where it appears to a council expedient in the interests of the safety of members of the public using it or likely to use it that a footpath , bridleway or restricted byway in their area which crosses a railway, otherwise than by tunnel or bridge, should be stopped up.
(2) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path or way—
(a) on the crossing itself, and
(b) for so much of its length as they deem expedient from the crossing to its intersection with another highway over which there subsists a like right of way (whether or not other rights of way also subsist over it).
(3) An order under this section is referred to in this Act as a “rail crossing extinguishment order”.
(4) The Secretary of State shall not confirm a rail crossing extinguishment order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to—
(a) whether it is reasonably practicable to make the crossing safe for use by the public, and
(b) what arrangements have been made for ensuring that, if the order is confirmed, any appropriate barriers and signs are erected and maintained.
(5) Before determining to make a rail crossing extinguishment order on the representations of the operator of the railway crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards, any expenses which the council may incur in connection with the erection or maintenance of barriers and signs.
(6) A rail crossing extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed, defining the land over which the public right of way is thereby extinguished.
(7) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of rail crossing extinguishment orders.
(8) In this section—
“operator”, in relation to a railway, means any person carrying on an undertaking which includes maintaining the permanent way;
“railway” includes tramway but does not include any part of a system where rails are laid along a carriageway.