Highways Act 1980

[F1 115E Execution of works and use of objects etc. by persons other than councils. E+W

(1) Subject to subsections (2) to [F2 (5)] below, a council may grant a person permission—

(a) to do on, in or over a highway to which this Part of this Act applies anything which the council could do on, in or over such a highway under section 115B(1) to (3) or 115C above; or

(b) to use objects or structures on, in or over a highway to which this Part of this Act applies—

(i) for a purpose which will result in the production of income;

(ii) for the purpose of providing a centre for advice or information; or

(iii) for the purpose of advertising.

(2) A council may not grant a person permission under subsection (1)(a) above to place an object or structure on, in or over a highway to which this Part of this Act applies—

(a) for a purpose which will result in the production of income; or

(b) for the purpose of providing a centre for advice or information,

unless they have first obtained the consent of the frontagers with an interest—

(i) to the placing of the object or structure;

(ii) to the purpose for which it would be placed; and

(iii) to the proposed grant of permission.

(3) A council may not grant a person permission to do anything which the council could only do under section 115C above unless they have first obtained the consent of the frontagers with an interest.

(4) A council may not grant a person permission—

(a) to carry out works on, in or over a walkway;

(b) to place an object or structure on, in or over a walkway; or

(c) to provide, maintain or operate facilities for recreation or refreshment or both on a walkway,

unless they have first obtained walkway consent.]

[F3 (5) A council may not under this section grant a person permission to do anything which is capable of being authorised by a pavement licence under section 1 of the Business and Planning Act 2020.]

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 Word in s. 115E(1) substituted (31.3.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 11(2) (with s. 247, Sch. 22 paras. 18, 19); S.I. 2024/389, reg. 2(u)

F3 S. 115E(5) inserted (31.3.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 11(3) (with s. 247, Sch. 22 paras. 18, 19); S.I. 2024/389, reg. 2(u)

Modifications etc. (not altering text)

C1 S. 115E(2) applied by City of London (Various Powers) Act 1987 (c. xv) 11B(2) (as inserted (18.12.2013) by City of London (Various Powers) Act 2013, (c. vii), s. 9)

C2 S. 115E(3) applied by City of London (Various Powers) Act 1987 (c. xv) 11B(2) (as inserted (18.12.2013) by City of London (Various Powers) Act 2013, (c. vii), s. 9)

C3 S. 115E(4) applied by City of London (Various Powers) Act 1987 (c. xv) 11B(2) (as inserted (18.12.2013) by City of London (Various Powers) Act 2013, (c. vii), s. 9)