Private Streets (Northern Ireland) Order 1980

Department's duty to exercise its powers N.I.

21.—(1) Where, in respect of a private street on which a building to which Article 24(1) applies has a frontage, all such street works as are required for the issue by the Department of a preliminary certificate in respect of that street under Article 7(2) have not been carried out to the satisfaction of the Department within one year from the date on which the building is first occupied or such longer period as the Department thinks reasonable, the Department shall exercise in relation to that street the powers conferred on it by Articles 11 and 13.

(2) Where—

(a) a sum has been paid or secured under Article 24(1) in respect of street works in a private street; and

(b) the aggregate length of the frontages of the completed buildings on both sides of the street constitutes at least one-half of that of all the frontages on both sides thereof and, in the case of part of a street, that part is not less than 100 metres in length and is joined to a street which is a public road or is likely to become a public road within a reasonable time; and

(c) the majority in number of the owners of the premises having a frontage on the street or as many of them as have between them more than half the aggregate length of all the frontages on both sides of the street by notice so request;

the Department shall exercise in relation to that street the powers conferred on it by Articles 11 and 13.

(3) This Article shall not apply to a street in respect of which an agreement has been entered into under Article 32.