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[F1Part VIIAE+W Provision of Amenities on Certain Highways

Textual Amendments

115H Duties to consult or obtain consent of other authorities.E+W

(1)Subject to [F2subsection (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 [F3the 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.

F4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)[F5Subsection (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 [F6Transport 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, [F7Transport for London or that subsidiary of Transport for London] .]

Textual Amendments