Highways Act 1980

[F1 115A Scope of Part VIIA. E+W

(1) This part of this Act applies—

(a) to a highway in relation to which a pedestrian planning order is in force;

[F2 (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 [F3 section 249(2) [F4 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 [F5 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.]

Textual Amendments

F1 Pt. VIIA (ss. 115A–115K) inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 20, Sch. 5 para. 1

F2 S. 115A(1)(aa) inserted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F3 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 4, Sch. 2 para. 45(6)

F4 Words in s. 115A(2) in definition of "pedestrian planning order" inserted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 2, Sch. 1 Pt. 1 para. 7(2)

F5 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 44

Modifications etc. (not altering text)

C1 S. 115A applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2

C2 S. 115A(2) modified (temp.) (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 9(3), 25(1) (with ss. 7(4), 10)

C3 S. 115A(5) applied (temp.) (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 9(4), 25(1) (with ss. 7(4), 10)