Section 115E Execution of works and use of objects etc. by persons other than councils.C1C2C3F1
England and Wales
Subject to subsections (2) to F2(6) below, a council may grant a person permission—
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
to use objects or structures on, in or over a highway to which this Part of this Act applies—
for a purpose which will result in the production of income;
for the purpose of providing a centre for advice or information; or
for the purpose of advertising.
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—
for a purpose which will result in the production of income; or
for the purpose of providing a centre for advice or information,
unless they have first obtained the consent of the frontagers with an interest—
to the placing of the object or structure;
to the purpose for which it would be placed; and
to the proposed grant of permission.
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.
A council may not grant a person permission—
to carry out works on, in or over a walkway;
to place an object or structure on, in or over a walkway; or
to provide, maintain or operate facilities for recreation or refreshment or both on a walkway,
unless they have first obtained walkway consent.
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.
A council may not under this section grant a person permission to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence.
In this section—
“public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;
“street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.
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
- F2
Word in s. 115E(1) substituted (13.3.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 49(9)(a), 118(1)(z5) (with s. 116); S.I. 2026/292, reg. 2
- 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)
- F4
S. 115E(6)(7) inserted (13.3.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 49(9)(b), 118(1)(z5) (with s. 116); S.I. 2026/292, reg. 2
Modifications
- 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)