OpenLegislation

Section 115B Provision etc. of services and amenities by councils.F1C1

England and Wales

(1)

Subject to subsections (4), (5) and (7) below, a council shall have power—

(a)

to carry out works on, in or over a highway to which this Part of this Act applies; and

(b)

to place objects or structures on, in or over such a highway, for the purpose—

(i)

of giving effect to a pedestrian planning order;

(ii)

of enhancing the amenity of the highway and its immediate surroundings; or

(iii)

of providing a service for the benefit of the public or a section of the public.

(2)

A council shall have power to maintain—

(a)

any works carried out under paragraph (a) of subsection (1) above; and

(b)

any objects or structures placed on, in or over a highway under paragraph (b) of that subsection.

(3)

Without prejudice to the generality of this section, the amenity of a highway may be enhanced by providing lawns, trees, shrubs or flowers.

(4)

A council may not exercise the powers conferred by this section on, in or over a walkway unless they have first obtained walkway consent.

(5)

Where 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—

(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; and

(ii)

to the purpose for which it is to be placed.

(6)

This subsection applies where the object or structure would be placed—

(a)

on, in or over a footpath;

(b)

on, in or over a bridleway; or

(c)

on, in or over a footway in relation to which no pedestrian planning order or traffic order is in force.

(7)

Where a council propose—

(a)

to place an object or structure 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; or

(ii)

for the purpose of providing a centre for advice or information; and

(b)

to 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—

(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.

Annotations

Textual amendments

F1

Pt. 7A inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 20, Sch. 5 para. 1

Modifications

C1

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. 2