Section 115H Duties to consult or obtain consent of other authorities.F1

England and Wales

(1)

Subject to F2subsection (3) below, a council shall not—

(a)

exercise any power conferred by section 115B or 115C above; or

(b)

grant any permission under section 115E above, in relation to a highway unless they have consulted—

(i)

any authority other than themselves who are the highway authority for the highway; and

(ii)

any authority other than themselves who are a local planning authority, as defined in F3the Town and Country Planning Act 1990 for the area in which, as the case may be, they propose to exercise the power or to which the proposed permission would relate.

F4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F5Subsection (1) above shall have effect in relation to a highway—

(a)

to which this Part of this Act applies; and

(b)

in relation to which there is no pedestrian planning order in force, as if the requirement to consult the highway authority were a requirement to obtain their consent to the exercise of the power or the granting of the permission.

(4)

Where a highway to which this Part of this Act applies is maintained by the British Railways Board or F6Transport for London or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999), a council shall not exercise any power conferred by section 115B or 115C above or grant a permission in relation to it under section 115E above except with the consent of the Board or, as the case may be, F7Transport for London or that subsidiary of Transport for London .

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: Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 23
F3: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(7)
F4: Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F5: Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 23
F6: Words in s. 115H(4) substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 2, Sch. 1 Pt. 1 para. 7(3)(a)
F7: Words in s. 115H(4) substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 2, Sch. 1 Pt. 1 para. 7(3)(b)