232 Power to treat as a private street land designated for purposes of this section by development plan
Highways Act 1980 (1980 c 66) | Legislation

232  Power to treat as a private street land designated for purposes of this section by development plan

(1)     The provisions of this section apply in relation to land defined by a development plan—

(a)     as the site of a proposed road, or

(b)     as land required for the widening of an existing road which is of less than byelaw width,

and designated by the plan as land to which this section applies.

(2)     Where any land is so defined and designated as aforesaid, the prospective street works authority, subject to subsection (3) below, may at any time by order declare the land (together with any land forming part of any such existing road as aforesaid) to be a private street, and thereupon the land is to be deemed to have been dedicated to the use of the public as a highway and to be a private street for the purposes of this Part of this Act.

The reference in this subsection to the prospective street works authority is a reference to the council who will be the street works authority as respects the private street constituted by the council's declaration.

(3)     No order shall be made by the authority

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