# Highways Act 1980, Section 115E: Execution of works and use of objects etc. by persons other than councils.

Extent: E+W

(1) Subject to subsections (2) to (6) below, a council may grant a person permission—
(a) 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
(b) to use objects or structures 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;
(ii) for the purpose of providing a centre for advice or information; or
(iii) for the purpose of advertising.
(2) 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—
(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;
(ii) to the purpose for which it would be placed; and
(iii) to the proposed grant of permission.
(3) 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.
(4) A council may not grant a person permission—
(a) to carry out works on, in or over a walkway;
(b) to place an object or structure on, in or over a walkway; or
(c) to provide, maintain or operate facilities for recreation or refreshment or both on a walkway,
unless they have first obtained walkway consent.
(5) 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.
(6) 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.
(7) 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.

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Source: https://www.legislation.gov.uk/ukpga/1980/66/section/115E (the official version)
Page: https://openlegislation.uk/highways-act-1980/section-115E
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.