Highways Act 1980

167 Powers relating to retaining walls near streets. E+W

(1) This section applies to any length of a retaining wall, being a length—

(a) any cross-section of which is wholly or partly within 4 yards of a street; and

(b) which is at any point of a greater height than 4 feet 6 inches above the level of the ground at the boundary of the street nearest that point;

but does not apply to any length of a retaining wall erected on land belonging to any transport undertakers so long as that land is used by them primarily for the purpose of their undertaking or to any length of a retaining wall for the maintenance of which a highway authority are responsible.

(2) No length of retaining wall, being a length which when erected will be a length of retaining wall to which this section applies, shall be erected otherwise than in accordance with plans, sections and specifications approved by the local authority in whose area the street is situated; and before giving such approval that authority, if they are not the highway authority for the street, shall consult the highway authority.

(3) Any person aggrieved by the refusal of a local authority to approve any plans, sections and specifications submitted to them under this section may appeal to a magistrates’ court.

(4) If a person erects a length of retaining wall in contravention of this section, he is guilty of an offence and liable to a fine not exceeding [F1 level 3 on the standard scale].

(5) If a length of retaining wall to which this section applies is in such condition (whether for want of repair or some other reason) as to be liable to endanger persons using the street, the local authority in whose area the street is situated may, by notice served on the owner or occupier of the land on which that length of wall is, require him to execute such works as will obviate the danger.

(6) Where the power conferred by subsection (5) above is exercisable in relation to a length of wall and has not been exercised by the local authority empowered to exercise it, then, if that authority are not the highway authority for the street in question, the highway authority may request the local authority to exercise the power; and if the local authority refuse to comply with the request or fail within a reasonable time after the request is made to them to do so, the highway authority may exercise the power.

(7) Subsections (2) to (7) of section 290 of the M1 Public Health Act 1936 (appeals against and the enforcement of, certain notices under that Act) apply to any notice served under subsection (5) above as they apply to such notices as are mentioned in subsection (1) of that section, but subject to the following modifications:—

(a) references to the local authority are to be construed as including references to the highway authority;

(b) for paragraph (f) of subsection (3) there is substituted the following paragraph—

“(f) that some other person ought to contribute towards the expense of executing any works required by the notice”

(8) Sections 300 to 302 of the Public Health Act 1936 (supplementary provisions relating to appeals under the said section 290) apply, with the necessary modifications, to appeals brought by virtue of subsection (7) above.

(9) In this section “retaining wall” means a wall, not forming part of a permanent building, which serves, or is intended to serve, as a support for earth or other material on one side only.

Textual Amendments

F1 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications etc. (not altering text)

C1 S. 167 excluded (18.12.1996) by 1996 c. 61, s. 38, Sch. 10 Pt. para. 5(3).

C2 S. 167 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 40, Sch. 14 para. 7(3)

C3 S. 167 excluded (24.9.2014) by The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014 (S.I. 2014/2384), art. 1, Sch. 19, Pt. 1 para. 2(2)

C4 S. 167 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 1(3) (with Sch. 24 para. 1(5))

C5 S. 167 excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), art. 1, Sch. 14 para. 2(2) (with art. 45(7), Sch. 13 Pt. 1 para. 19)

C6 S. 167 excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), art. 1, Sch. 14 para. 2(2)

Marginal Citations

M1 1936 c. 49.