Highways Act 1980

193 Imposition of requirements as to width of new streets in certain cases. E+W

(1) Where, in pursuance of a new street byelaw requiring plans to be deposited with them, application is made to the council of a county [F1 , metropolitan district] or London borough or the Common Council to pass plans of a new street and that street will, in the opinion of the council, form—

(a) a main thoroughfare or a continuation of a main thoroughfare, or means of communication between main thoroughfares, in their area, or

(b) a continuation of a main approach, or means of communication between main approaches, to their area,

the council—

(i) may, as a condition of passing the plans, require that the new street be formed of such width as they may determine, and

(ii) if they make a requirement under paragraph (i) above, shall, as such a condition, determine how much of the width of the street is to be laid out as a carriageway and how much as a footway or footways.

(2) If the council of a county [F1 , metropolitan district] or London borough or the Common Council under subsection (1) above require a new street to be formed of a width that exceeds the normal maximum width by an amount greater than 20 feet, they shall pay compensation for any loss or injury which may be sustained by reason of the requirement.

In this subsection and subsection (3) below, “the normal maximum width” means the maximum width of which, apart from this section, the street could have been required to be formed under any byelaw or enactment with respect to the width of new streets which is in force in the county or London borough in question or, as the case may be, in the City.

(3) Nothing in this section empowers a council to require any person to defray any greater expenses in the execution of any street works than would have been payable if the street had been of no greater width than the normal maximum width; and any additional expense incurred in the execution of the street works by reason of the street being of such greater width shall be certified by the proper officer of the council, or in the case of dispute shall be determined by a magistrates’ court, and shall be borne by the council.

(4) A person aggrieved by a condition imposed under this section may appeal to the Crown Court.

Textual Amendments

F1 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 7