What is a section 142 agreement?
Section 142 of the Highways Act 1980 (HiA 1980) provides for a highway authority to be granted a licence to permit the occupier or the owner of any premises adjoining the highway to plant trees, shrubs etc in a highway.
What is section 58 highways Act?
Section 58 serves a two-fold purpose: it aims to prevent the street from being dug up within a short while of being resurfaced or reconstructed and it seeks to avoid repetitive disruption of traffic by works being carried out in the street.
What is section 41 highways Act?
41 Duty to maintain highways maintainable at public expense. (1)The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty, subject to subsections (2) and (4) below, to maintain the highway.
Does the Highways Act 1980 apply in Wales?
The HA 1980 places a duty on the Welsh Ministers to maintain highways maintainable at the public expense for which they are the highway authority. Such highways include trunk roads such as the A470 North-South Wales route and special roads such as the M4 motorway in South Wales.
What is a Section 38 highways agreement?
A Section 38 agreement (or S38) is a section of the Highways Act 1980 that can be used when a developer proposes to construct a new estate road for residential, industrial or general purpose traffic that may be offered to the Highway Authority for adoption as a public highway.
Is obstruction of the highway a criminal Offence UK?
(1)If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding £50. (2)A constable may arrest without warrant any person whom he sees committing an offence against this section.
What does the Highways Act 1980 cover?
The legislation contained in these sections covers: Highways maintainable at public expense, and their maintenance. Maintenance of privately maintainable highways. Defence in respect of specific matters in legal action against a highway authority for damages for non-repair of highway.
What is a Section 8 agreement Highways Act?
(1)Subject to the provisions of this section, local highway authorities [F2 and strategic highways companies ] may enter into agreements with [F3other such authorities and companies] for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which any party to the …
What is a section 278 highways agreement?
A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council (in our capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval.
What happens if there is no Section 38 agreement?
In there is no Section 38 Agreement in place or there have been significant delays in adoption despite one, it is strongly recommended that the buyer, through their solicitor, retains some of the purchase price of the property to pay for possible road works in the future.
Is Highways Act 1980 section 142 up to date?
Highways Act 1980, Section 142 is up to date with all changes known to be in force on or before 28 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Revised legislation carried on this site may not be fully up to date.
What is section 2828 S142 of the Highways Act 1980?
28. S142 (1) Highways Act 1980. The highway authority for a highway may by a licence granted under this section permit the occupier or the owner of any premises adjoining the highway to plant and maintain, or to retain and maintain, trees, shrubs, plants or grass in such part of the highway as may be specified in the licence.
Are there any changes to the Highways Act 1980?
No changes have been applied to the text. Highways Act 1980 is up to date with all changes known to be in force on or before 07 October 2021. There are changes that may be brought into force at a future date. Revised legislation carried on this site may not be fully up to date.
What is S130 Highways Act 1980?
S130 Highways Act 1980. (1) It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it.