Article 16 Application of bye-laws in relation to construction of new streets

(1)

A local planning authority which is not the local highway authority shall not grant permission for development which consists of or includes the laying out or construction of a new street without first consulting the local highway authority.

(2)

Where permission is granted under Part III of the Act for any development mentioned in paragraph (1), no bye laws mentioned in paragraph (3) shall apply to the development except so far as the bye laws in question, by virtue of section 50 of the Public Health Act 1961^f1, require a person constructing a new street to provide separate sewers for foul water drainage and surface water drainage.

(3)

The bye-laws referred to in paragraph (2) are—

(a)

the bye-law made by the Metropolitan Board of Works on 17th March 1857 and confirmed by them on 3rd April 1857 under the Metropolis Management Act 1855^f2;

(b)

any bye-law made under section 186 of the Highways Act 1980^f3 or made under an earlier enactment corresponding to section 186 and continued in force by an order made under section 312(6) of the Highways Act 1959^f4.

Annotations

Footnotes

f1: 1961 c. 64.
f2: 1855 c. 120.
f3: 1980 c. 66.
f4: 1959 c. 25; the operation of orders under section 312(6) is preserved by paragraph 11 of Schedule 23 to the Highways Act 1980.