Highways Act 1980

188 Power to declare existing highway to be a new street

(1) Where it appears to the council of a county or London borough, or the Common Council, that an existing highway in their area will be converted into a new street as a consequence of building operations which have been, or are likely to be, undertaken in the vicinity, the council may by order prescribe the centre line of the new street and outer lines defining the minimum width of the new street, which shall be the minimum width required by the relevant byelaw provisions.

In this subsection " the relevant byelaw provisions " means the provisions of new street byelaws in force in the area of the council regulating the width of a new street intended to be the principal means of access to any building and of a length equal to the length of the highway to which the order relates.

(2) Not less than one month before making an order under this section, the council shall cause notice of the intended order to be displayed at each end of, or in some conspicuous position in, the highway to which the order relates.

(3) Every such notice shall contain a statement that the intended order may be made by the council on or at any time after a day named in the notice, and shall state the right of appeal conferred by subsection (4) below.

(4) A person aggrieved by an order under this section may appeal to the Crown Court.

(5) Where an order under this section has effect, no person shall erect a new building on the land situated between the outer lines prescribed by the order (" the prescribed land ").

(6) If, where an order under this section has effect, work for the erection of a new building is commenced on land adjoining the prescribed land, then, on the commencement of that work—

(a) the appropriate portion of the prescribed land shall become part of the existing highway, and

(b) the owner of that portion shall remove any boundary fence or other obstruction situated on it and bring the level of it into conformity with that of the existing highway.

For the purposes of this subsection the appropriate portion of the prescribed land is the portion situated between the centre line prescribed by the order and the land on which the building is to be erected or which is to be occupied with it, other than land so situated which forms part of the existing highway.

(7) Land which becomes part of the existing highway in accordance with subsection (6) above does not become a highway maintainable at the public expense, even if the existing highway is so maintainable.

(8) Nothing in this section extends to a building (other than a dwelling-house) erected, in pursuance of their statutory powers, by any of the following undertakers and used or occupied, or intended to be used or occupied, by them for the following purposes respectively:—

(a) railway undertakers for purposes of a railway comprised in the railway undertaking ;

(b) canal undertakers for purposes of a canal comprised in the canal undertaking;

(c) inland navigation undertakers for purposes of a navigation comprised in the inland navigation undertaking;

(d) dock undertakers for purposes of a dock comprised in the dock undertaking; or

(e) harbour undertakers for purposes of a harbour comprised in the harbour undertaking.

(9) In this section " building " includes a wall.