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The Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951

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5.—(1) The amount of expenses incurred in the execution of street works which may be charged on the owners of adjoining land (including any sum for the time being irrecoverable by virtue of the next following Regulation) shall not exceed the standard amount as hereinafter defined.

(2) Every estimate of the cost of street works required to be deposited for inspection or otherwise brought to the notice of owners of lands adjoining the street shall be accompanied by an estimate of the standard amount, or, where the estimated cost of the works does not exceed the estimated standard amount, by a certificate to that effect; and, without prejudice to the last foregoing paragraph, the street works authority shall not apportion a sum in excess of the amount they estimate to be the standard amount.

(3) “The standard amount” means

(a)in relation to the construction or widening of any street (except in the case mentioned under head (b) below), the amount which would at the date of the commencement of the works have been the cost of the execution of street works in the course of the construction of the street if it had been carried out so as to comply with the provisions of any byelaws, regulations or other enactments in force in the district and as respects matters for which no such provision is made so as to comply with such requirements as would have been imposed by the highway authority at the date of the commencement of the works as a condition of declaring the street to be a highway repairable by the inhabitants at large;

(b)in relation to the widening of an existing highway which at the date of the making of the relevant order under sub-section (2) of Section 48 of the Act was a highway repairable by the inhabitants at large, such proportion of the amount which would at the commencement of the works have been the cost of the execution of street works on a street the construction of which had been carried out in the manner referred to under head (a) above as the width of the added strip bears to the width of a byelaw street. For this purpose the term “byelaw street” means a street constructed so as to comply with any byelaws, regulations or other enactments in force in the district, and the term “added strip” means the extent by which the existing highway is less in width than a byelaw street.

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