Private Streets (Northern Ireland) Order 1980

Notice requiring street works in private street N.I.

11.—(1) Subject to paragraphs (2) and (3), where a private street is not, to the satisfaction of the Department, sewered, levelled, paved, channelled [F1 , made good and lighted,] the Department may, by notice in writing served on the person appearing to it to be the responsible person, require that person to execute within such time, not being less than 28 days, as may be specified in the notice, street works with respect to the street of such a nature as may be indicated therein.

(2) Where street works are required under paragraph (1) to be executed with respect to a part only of a street (not being a part extending for the whole of the length of the street), the requirement shall be made only of each person who is a responsible person in respect of street works in the length of the street which constitutes or comprises that part.

(3) Where, before 13th October 1964—

(a) street works were executed under any statutory provision relating to private streets with respect to a part only of a private street, being a part extending for the whole of the length of the street, and

(b) those works were executed only by, or at the expense only of, the owners or occupiers of the premises fronting one side of the street, and

(c) the Department requires street works to be executed under paragraph (1) with respect to any part of the street extending for the whole of the length of the street, other than a part in which street works were previously executed as aforesaid,

then, notwithstanding anything in paragraph (2), the requirement shall not be made of the owners of premises fronting that part of the street on which street works were previously carried out.

(4) The Department may include in street works to be executed under paragraph (1) any works which it thinks necessary for bringing the street as regards sewerage, drainage, level,[F1 lighting] or other matters into conformity with other streets, whether maintainable at the public expense or not, including the provision of separate sewers for the reception of sewage and of surface water respectively.

(5) The Department shall, in any notice under paragraph (1), inform the person to whom it is addressed of any right of appeal under Article 12 and of the time within which such appeal may be made.

(6) The Department may, by a further notice in writing served on the person on whom a notice is served under paragraph (1), withdraw a notice served under paragraph (1) or substitute other requirements for those contained in a notice previously so served and such further notice shall, for all the purposes of this Order, be deemed to be a notice served under paragraph (1).

F1 1992 NI 19