http://www.legislation.gov.uk/id/uksi/1951/2224

http://www.legislation.gov.uk/uksi/1951/2224/regulation/5/made

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

Westlaw

King's Printer of Acts of Parliament

2011-05-19

TOWN AND COUNTRY PLANNING, ENGLAND

Section 48 of the Town and Country Planning Act, 1947, enables land which is defined in a development plan as land for a proposed road or road widening (including the road it is proposed to widen) to be declared to be a private street after acquisition by the appropriate council. This will be the council of a county borough, urban district, or (as to rural districts and county roads) county, and, in London, the Common Council of the City of London or a metropolitan borough council. In relation to land thus declared to be a private street the relevant private street works code (the Private Street Works Act, 1892, Sections 150 and 151 of the Public Health Act, 1875, or comparable legislation) is to have effect subject to regulations made under the Act. These Regulations prescribe adaptations and modifications to be made in the relevant private street works code in such cases. The code applicable in any particular case, modified where necessary by Regulation 4, will enable the appropriate council to execute street works and recover expenses from the owners of adjoining lands. Regulation 5 limits the aggregate amount chargeable on adjoining owners to the “standard amount” which could have been so charged in respect of street works executed in the course of any operation of construction or widening carried out to byelaw or similar standards, and requires that any estimate of the total cost of works, which must be published under the code, shall be accompanied by an estimate of the standard amount or by a certificate that the estimated cost does not exceed it. Regulation 9 adds to any grounds of objection specified in the code the ground that the sum of expenses charged on owners exceeds the standard amount. Regulation 6 defers the recovery of apportioned expenses in certain circumstances. Regulation 7 empowers the recovery of expenses incurred in the construction of sewers before the land is declared to be a private street. Regulation 8 gives a power of entry on neighbouring land for the purpose of executing street works. Regulation 10 provides that the street, when made up or widened, shall become a highway repairable by the inhabitants at large, and requires notice of the fact to be posted.

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

Order

The Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006

art. 3

art. 1

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.