http://www.legislation.gov.uk/ukpga/1980/66/section/115BHighways Act 1980An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.1981-03-01texttext/xmlenStatute Law Database2026-03-18Expert Participation2026-03-13 Part VIIA<Addition ChangeId="d29p9507" CommentaryRef="c13423191"> Provision of Amenities on Certain Highways</Addition><Addition ChangeId="d29p9507" CommentaryRef="c13423191"> Provision </Addition><Abbreviation Expansion="et cetera" xml:lang="la"><Addition ChangeId="d29p9507" CommentaryRef="c13423191">etc.</Addition></Abbreviation><Addition ChangeId="d29p9507" CommentaryRef="c13423191"> of services and amenities by councils.</Addition>115B1Subject to subsections (4), (5) and (7) below, a council shall have power—ato carry out works on, in or over a highway to which this Part of this Act applies; andbto place objects or structures on, in or over such a highway, for the purpose—iof giving effect to a pedestrian planning order;iiof enhancing the amenity of the highway and its immediate surroundings; oriiiof providing a service for the benefit of the public or a section of the public.2A council shall have power to maintain—aany works carried out under paragraph (a) of subsection (1) above; andbany objects or structures placed on, in or over a highway under paragraph (b) of that subsection.3Without prejudice to the generality of this section, the amenity of a highway may be enhanced by providing lawns, trees, shrubs or flowers.4A council may not exercise the powers conferred by this section on, in or over a walkway unless they have first obtained walkway consent.5Where subsection (6) below applies, a council may not, in the exercise of the power conferred by subsection (1)(b) above, place an object or structure on, in or over a highway—afor a purpose which will result in the production of income; orbfor the purpose of providing a centre for advice or information, unless they have first obtained the consent of the frontagers with an interest—ito the placing of the object or structure; andiito the purpose for which it is to be placed.6This subsection applies where the object or structure would be placed—aon, in or over a footpath;bon, in or over a bridleway; orcon, in or over a footway in relation to which no pedestrian planning order or traffic order is in force.7Where a council propose—ato place an object or structure on, in or over a highway to which this Part of this Act applies—ifor a purpose which will result in the production of income; oriifor the purpose of providing a centre for advice or information; andbto grant a person permission under section 115E below to use the object or structure,they may not exercise the power conferred by subsection (1)(b) above unless they have first obtained the consent of the frontagers with an interest—ito the placing of the object or structure;iito the purpose for which it would be placed; andiiito the proposed grant of permission.S. 115B applied in part (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. 2Pt. 7A inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 20, Sch. 5 para. 1