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

http://www.legislation.gov.uk/uksi/1951/2224/regulation/6/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

6

1

No expenses incurred in the execution of any street works in the street shall be recoverable against agricultural land or buildings until the land or buildings cease to be agricultural land or buildings.

2

No expenses incurred in the execution in the street of street works for the purpose of making a new street shall be recoverable in respect of any land (whether the site of a building or not) unless and until access is provided for and used by persons or vehicles from that land to the new street.

3

No expenses incurred in the execution in the street of street works for the purpose of widening an existing road which at the time 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, and apportioned against any land abutting on that road, shall be recoverable unless and until, after the material date as hereinafter defined, a building is erected on the land, other than an agricultural building or a building—

a

begun before the said date; or

b

erected in pursuance of a contract made before the said date; or

c

erected within the site of a building existing at that date and for a purpose ordinarily incidental to the purpose for which that building is used;

and the amount recoverable shall in any case be limited to so much of the apportioned sum as is properly attributable to the land forming the site of the building.

4

No interest shall be payable on any money in respect of a period during which the money is irrecoverable by virtue of this Regulation.

5

For the purposes of this Regulation:—

a

“the material date” means the date on which notice was first published of the submission to the Minister (or of the proposed making by the Minister) of the development plan, or the alterations or additions to a development plan, which contained the relevant definition and designation of land for widening the road under Section 48 of the Act;

b

“site” in relation to a building includes any land occupied or proposed to be occupied with the building and for the purposes thereof.