- a reasonable period
means such period as is agreed by the authority and the person executing the works to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.
- Act of 1965
means the Compulsory Purchase Act 1965;
- adjoining
includes abutting on, and “adjoins” is to be construed accordingly;
- advance payments code
has the meaning provided by section 203(1) above;
- agriculture
includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” is to be construed accordingly;
- Annex
means an Annex to the Directive;
- apparatus
includes any structure constructed for the lodging therein of apparatus;
- application for building control approval
means an application in accordance with building regulations for building control approval (as defined in paragraph 1B of Schedule 1 to the Building Act 1984);
- appointed person
means a person appointed under section 121(5B) of this Act;
- appropriate council
has the same meaning as in section 31(6) above;
- appropriate Minister
means—
- appropriate national authority
means— (a) in relation to England, the Secretary of State, and (b) in relation to Wales, the Welsh Ministers;
- bank holiday
means a day which is a bank holiday under the Banking and Financial Dealings Act 1971.
- blighted land
has the meaning given in section 149(1) of that Act.
- bridge
includes so much of the approaches thereto as supports or protects the surface of the trunk road or special road;
- bridleway
means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;
- building
includes any erection however, and with whatever material, it is constructed, and any part of a building;
- building control authority
means the local authority as stated in section 121A of the Building Act 1984;
- building operation
means the construction, structural alteration, repair or maintenance of a building (including re-pointing, external re-decoration and external cleaning), the demolition of a building, the preparation for, and laying the foundations of, an intended building and the erection or dismantling of cranes or scaffolding.
- building safety regulator
means the regulator within the meaning of Part 2 of the Building Safety Act 2022;
- by-pass
has the meaning provided by section 82(6) above;
- canal
includes inland navigation;
- canal undertakers
means persons authorised by any enactment to carry on a canal undertaking;
- carriageway
means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;
- cattle-grid
has the meaning provided by section 82(6) above;
- City
means the City of London;
- classified road
means a highway or proposed highway which is a classified road in accordance with section 12 above;
- combined authority
means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
- combined county authority
means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
- Common Council
means the Common Council of the City of London;
- competent authority
has the same meaning as in section 147 above,
- constituent council
means— (a) in relation to a combined authority— (a) a county council the whole or any part of whose area is within the area of the authority, or (b) a district council whose area is within the area of the authority;
- contributory place
has the same meaning as in section 343 of the Public Health Act 1936;
- council
means a county council... or a local authority;
- council offices
means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.
- cycle track
means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988 with or without a right of way on foot;
- definitive map and statement
has the same meaning as in Part III of the Wildlife and Countryside Act 1981;
- Diocesan Board of Finance
has the same meaning as “DBF” in the Church Property Measure 2018;
- diocesan glebe land
has the same meaning as in that Measure.
- direct access
means access otherwise than by means of a highway which is not a special road and “indirect access” means access by means of a highway which is not a special road;
- ditch
includes a watercourse and any part of a ditch or watercourse, and “pipes” including culverts, tunnels and other works.
- dock undertakers
means persons authorised by any enactment to carry on a dock undertaking;
- drain
includes a ditch, gutter, watercourse, soak-away, bridge, culvert, tunnel and pipe;
- drainage authority
means the Environment Agency, the Natural Resources Body for Wales or an internal drainage board;
- driver information system
has the same meaning as in Part II of the Road Traffic (Driver Licensing and Information Systems) Act 1989, and references to an “operator” of a driver information system are references to an operator licensed under that Part of that Act;
- enactment
includes an enactment in a local or private Act of Parliament and a provision of an order, scheme, regulations or other instrument made under or confirmed by a public general, local or private Act of Parliament;
- environmental assessment
means an assessment of the effect of anything on the environment if the assessment is carried out under— (a) assimilated law, or (b) any other law of any part of the United Kingdom, other than any law which implemented the Directive;
- field-edge path
means a footpath or bridleway that follows the sides or headlands of a field or enclosure;
- financial year
means a year ending on 31st March;
- footpath
means a highway over which the public have a right of way on foot only, not being a footway;
- footway
means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;
- footway lighting system
means a system of lighting, provided for a highway, which satisfies the following conditions, namely, that either— or such other conditions as may be prescribed by order of the Minister in substitution for the above-mentioned conditions;
- former highway authority
means, in relation to a highway which has become a trunk road, the council in whom the highway was vested immediately before it became a trunk road;
- frontagers
means the owners and occupiers of any premises adjoining the part of a highway on, in or over which an object or structure would be placed or on which facilities for recreation or refreshment or both have been, are being or would be provided;
- fronting
includes adjoining, and “front” is to be construed accordingly;
- functions
includes powers and duties;
- goods
includes goods or burden of any description;
- harbour undertakers
means persons authorised by any enactment to carry on a harbour undertaking;
- heavy goods vehicle
means a motor vehicle constructed or adapted for use for the carriage or haulage of goods and having an unladen weight of 2 tons or more, or a trailer;
- highway
means the whole or a part of a highway other than a ferry or waterway.
- highway land acquisition powers
has the meaning provided by section 250(1) above;
- highway maintainable at the public expense
means a highway which by virtue of section 36 above or of any other enactment (whether contained in this Act or not) is a highway which for the purposes of this Act is a highway maintainable at the public expense;
- horse
includes pony, ass and mule, and “horseback” is to be construed accordingly;
- hours of darkness
means the time between half an hour after sunset and half an hour before sunrise;
- house
includes any park or garden belonging to a house. 3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. 4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. 5 On receiving a counter-notice the acquiring authority must decide whether to— a withdraw the notice to treat, b accept the counter-notice, or c refer the counter-notice to the Upper Tribunal. 6 The authority must serve notice of their decision on the owner within the period of 3 months beginning wit
- improvement
means the doing of any act under powers conferred by Part V of this Act and includes the erection, maintenance, alteration and removal of traffic signs, and the freeing of a highway or road-ferry from tolls;
- inclosed land
includes any land in the exclusive occupation of one or more persons for agricultural purposes, though not separated by a fence or otherwise from adjoining land of another person, or from a highway;
- indirect access
means access by means of a highway which is not a special road;
- industrial premises
means premises used or designed or suitable for use for the carrying on of any such process or research as is specified in section 66(1) of the Town and Country Planning Act 1971, and includes premises used for purposes ancillary to the carrying on of any such process or research;
- inland navigation undertakers
means persons authorised by any enactment to carry on an inland navigation undertaking;
- inner London authority
means Transport for London, the council of an inner London borough or the Common Council of the City of London.
- land
includes land covered by water and any interest or right in, over or under land;
- land transaction
has the meaning given by section 43(1) of the Finance Act 2003;
- land transaction return
has the meaning given by section 76(1) of that Act.
- lease
includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or mortgage, and “lessee” is to be construed accordingly;
- light railway undertakers
means persons authorised by any enactment to carry on a light railway undertaking.
- lighting authority
means a council or other body authorised to provide lighting under section 161 of the Public Health Act 1875 or under section 3 of the Parish Councils Act 1957 or any corresponding local enactment;
- local Act
includes a provisional order confirmed by Parliament and the confirming Act so far as it relates to that order;
- local Act walkway
means a way or place which is declared in pursuance of a local enactment to be a walkway, city walkway or pedestrian way;
- local authority
means... the Common Council and the council of a county, district, London borough, parish or community, and includes the parish meeting of a... parish not having a separate parish council.
- local highway authority
means a highway authority other than the Minister or a strategic highways company;
- local planning authority
has the same meaning as in the Town and Country Planning Act 1990;
- London borough
includes the City of London.
- lorry area
means an area provided under section 115 above;
- lorry area development
means development for the purpose of providing a lorry area for use in connection with a special road or proposed special road;
- made-up carriageway
means a carriageway, or a part thereof, which has been metalled or in any other way provided with a surface suitable for the passage of vehicles;
- maintenance
includes repair, and “maintain” and “maintainable” are to be construed accordingly;
- maintenance compound
means an area of land (with or without buildings) used or to be used in connection with the maintenance of highways, or a particular highway;
- member of the public
includes a body of persons corporate or unincorporate;
- motor vehicle
has the same meaning as in the Road Traffic Regulation Act 1984;
- navigable watercourse
means waters or a watercourse, as the case may be, over which a public right of navigation exists;
- navigation authority
means persons authorised by any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
- new building
includes any addition to an existing building.
- new highway authority
means the highway authority for the transferred highway immediately after the operative date;
- new towns residuary body
means—
- official website
means a website maintained by or on behalf of the project authority;
- operative date
means the date on which the highway or proposed highway becomes, or ceases to be, a GLA road;
- paving, metalling and flagging
includes all methods of making a carriageway or footway;
- pedestrian planning order
means an order made under section 249(2) or (2A) of the Town and Country Planning Act 1990;
- pier undertakers
means persons authorised by any enactment to carry on a pier undertaking;
- place of public religious worship
means a place of public religious worship which belongs to the Church of England or to the Church in Wales (within the meaning of the Welsh Church Act 1914), or which is for the time being certified as required by law as a place of religious worship;
- premises
includes land and buildings;
- prescribed
means prescribed by regulations made by the appropriate national authority under this section;
- private street
means a street that is not a highway maintainable at the public expense, and— but the fact that a part of a street is a highway maintainable at the public expense does not prevent any other part of it from being a part of a private street for the purposes of this Part of this Act.
- private street works code
has the meaning provided by section 203(1) above;
- project authority
has the meaning given in section 105A(2);
- property
includes property, rights and powers of every description.
- proposed highway
means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans;
- proposed scheme
includes a scheme made by a... highway authority and submitted to the Minister.
- public authority
means any person certain of whose functions are of a public nature.
- public charge point
means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;
- public general enactment
means an enactment in an Act treated as a public general Act under the system of division of Acts adopted in the regnal year 38 George 3, other than an Act for confirming a provisional order;
- public path creation agreement
means an agreement under section 25 above;
- public path creation order
means an order under section 26 above;
- public path diversion order
means an order under section 119 above;
- public path extinguishment order
means an order under section 118 above;
- public utility undertakers
means persons authorised by any enactment to carry on any of the following undertakings, that is to say, an undertaking for the supply of... gas... or hydraulic power;
- qualifying interest
has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and • “ blighted land ” has the meaning given in section 149(1) of that Act.
- qualifying objection
means an objection received as described in paragraph 7(1)(a) or (b);
- rail crossing diversion order
means an order under section 119A above;
- rail crossing extinguishment order
means an order under section 118A above;. • “railway” includes a light railway;
- railway
includes a light railway;
- railway undertakers
means persons authorised by any enactment to carry on a railway undertaking;
- regulations
means regulations made by the Secretary of State.
- relevant constituent council
has the meaning given in subsection (1A);
- relevant highway
means— but does not include any highway that is a trunk road or special road.
- relevant highways
means—
- relevant planning permission
means any planning permission for service area development or, as the case may be, lorry area development, which is in force on the date of service of the notice to treat, or as to the grant of which any assumption is required to be made by virtue of section 15 of the Land Compensation Act 1961, or the possibility of the grant of which is taken into account in assessing the compensation;
- relevant project
has the meaning given in subsection (2);
- relevant service
means any advice, information or other assistance (including a response to a consultation) provided, whether or not to a highway authority, in connection with—
- relevant structure
means a stile, gate or other structure which— but does not include a structure to which an agreement falling within section 146(5)(b) above relates, and
- restricted byway
has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;
- retaining wall
means a wall, not forming part of a permanent building, which serves, or is intended to serve, as a support for earth or other material on one side only.
- road
means any length of highway or of any other road to which the public has access and includes bridges over which a road passes.
- road hump
has the meaning provided by section 90F(1);
- road lighting system
means a lighting system that is not a footway lighting system;
- road-ferry
means a ferry connecting the termination of a highway which is, or is to become, a highway maintainable at the public expense with the termination of another highway which is, or is to become, such a highway;
- Royal Park
means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).
- school
has the same meaning as in the Education Act 1996;
- sensitive area
means— (a) a site of special scientific interest (within the meaning given in section 52 of the Wildlife and Countryside Act 1981), (b) any land adjacent to such an area that is notified to the local planning authority in accordance with paragraph (q)(ii) in the Table in Schedule 4 to the Town and Country Planning (General Development Management Procedure) (Wales) Order 2012, (c) a National Park within the meaning of the National Parks and Access to the Countryside Act 1949, (d) an area of outstanding natural beauty designated as such under section 82 of the Countryside and Rights of Way Act 2000, (e) the Broads as defined in the Norfolk and Suffolk Broads Act 1988, (f) a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage, (g) a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 or the Historic Environment (Wales) Act 2023, or (h) a European site within the meaning of the Conservation of Habitats and Species Regulations 2010 (see regulation 8).
- service area
means an area of land adjoining, or in the vicinity of, a special road, being an area in which there are, or are to be, provided service stations or other buildings or facilities to be used in connection with the use of the special road;
- service area development
means development of the relevant land, or of any part of it, for the purpose of providing such service stations or other buildings or facilities as are mentioned in section 239(4)(c) above or of providing any other buildings or facilities designed to cater to a significant extent for traffic carried or to be carried by the special road;
- site of special scientific interest
has the same meaning as in the Wildlife and Countryside Act 1981.
- special diversion order
means an order under section 119B(4) above;
- special enactment
means any enactment other than a public general enactment;
- special extinguishment order
means an order under section 118B(4) above;
- special road
means a highway, or a proposed highway, which is a special road in accordance with section 16 above or by virtue of an order granting development consent under the Planning Act 2008or an infrastructure consent order under the Infrastructure (Wales) Act 2024;
- special road authority
has the meaning provided by section 16(4) above;
- specified
means specified in the requirement.
- statutory speed limit
means a speed limit having effect by virtue of an enactment other than section 84(1)(b) or (c) of the Road Traffic Regulation Act 1984 (temporary and variable speed limits).
- statutory undertakers
means persons authorised by any enactment to carry on any of the following undertakings:— (a) a railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or (b) an undertaking for the supply of......... or hydraulic power, and “statutory undertaking” is to be construed accordingly;
- strategic highways company
means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;
- strategic road
has the meaning given by section 60 of the Traffic Management Act 2004.
- street
has the same meaning as in Part III of the New Roads and Street Works Act 1991;
- street works
means any works for the sewering, levelling, paving, metalling, flagging, channelling and making good of a street, and includes the provision of proper means for lighting a street;
- street works authority
means— (a) as respects a street outside Greater London, the council of the county or metropolitan district in which the street is situated, (b) as respects a street in a London borough, the council of the borough, and (c) as respects a street in the City, the Common Council.
- street works licence
means a licence under section 50 of the New Roads and Street Works Act 1991, and “licensee” in relation to such a licence, has the meaning given by subsection (3) of that section;
- street works permit
means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.
- structure
includes a bridge, fence, barrier or post;
- swing bridge
includes any opening bridge operated by mechanical means;
- the advance payments code
means sections 219 to 225 below.
- the appropriate authority
means— but in cases falling within paragraph (c) above the local highway authority shall before making any byelaw consult the district council, and in exercisng his power of confirmation the Minister shall have regard to any dispute between the local highway authority and the district council.
- the appropriate conservation body
means— (a) as respects England, Natural England, and (b) as respects Wales, the Natural Resources Body for Wales;
- the appropriate council
means the council of the county, metropolitan district or London borough in which the way (in the case of subsection (5)) or the land (in the case of subsections (6), (6C) and (13)) is situated or, where the way or land is situated in the City, the Common Council.
- the appropriate Minister
means—
- the appropriate person
means—
- the appropriate rate
means the rate at the material time determined by the Treasury in respect of local loans for periods of 10 years on the security of local rates (being a determination under section 6(2) of the National Loans Act 1968, and subject to any relevant direction under the said section 6(2)).
- the authority
means the highway authority or local authority (within the meaning of section 67 or section 287 of this Act) having power to carry out the works to which this Schedule applies.
- the consultation bodies
means— (a) any principal council (within the meaning given in section 270(1) of the Local Government Act 1972) in whose area the project is to be carried out;
- the Directive
means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment;
- the effective date
means—
- the environment
means— (a) population and human health, (b) biodiversity, with particular attention to species and habitats protected under any law of any part of the United Kingdom which implemented— (a) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and (b) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, (c) land, soil, water, air and climate, (d) material assets, cultural heritage and the landscape, and (e) the interaction between the factors referred to in paragraphs (a) to (d). • “environmental impact assessment”, in relation to a project, means the process comprising— (a) the preparation of an environmental statement, (b) the carrying out of consultations about the likely significant effects of the project on the environment, (c) the consideration of the environmental statement and other information about the likely significant effects of the project on the environment, (d) the reaching of a reasoned conclusion about the significant effects of the project on the environment, and (e) the consideration of the reasoned conclusion when deci
- the excess expenses
means such expenses as may be proved to the satisfaction of the court having cognizance of the case to have been or to be likely to be incurred by the highway authority by reason of the damage arising from the extraordinary traffic;
- the private street works code
means sections 205 to 218 below;
- the standard amount
means—
- traffic
includes pedestrians and animals;
- traffic authority
has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act).
- traffic order
means an order made under section 1 or 6 of the Road Traffic Regulation Act 1984 (traffic regulation orders) or under section 9 of that Act (experimental traffic orders);
- traffic regulation order
means an order under section 1 or 6 of the Road Traffic Regulation Act 1984.
- traffic sign
has the same meaning as in section 64 of the Road Traffic Regulation Act 1984;
- trailer
means a vehicle constructed or adapted for use for the carriage of goods and drawn or intended to be drawn by a motor vehicle.
- tramway undertakers
means persons authorised by any enactment to carry on a tramway undertaking;
- transfer
includes any disposal of land whether by way of sale, lease, exchange, gift or otherwise.
- transferred highway
means the highway or proposed highway which is the subject of the order under section 14B(2) above.
- transport undertakers
means persons authorised by any enactment to carry on any of the following undertakings, that is to say, a railway, canal, inland navigation, dock, harbour or pier undertaking, and “transport undertaking” is to be construed accordingly;
- trunk road
means a highway, or a proposed highway, which is a trunk road by virtue of section 10(1) or section 19 above or by virtue of an order or direction under section 10 above or an order granting development consent under the Planning Act 2008,or an infrastructure consent order under the Infrastructure (Wales) Act 2024, or under any other enactment;
- trunk road bridge
means a bridge the highway over which is a trunk road or partly a trunk road;
- trunk road picnic area
has the meaning provided by section 112(1) above;
- unitary district council
means the council for a district for which there is no county council;
- universal service provider
has the same meaning as in Part 3 of the Postal Services Act 2011;
- upper-tier constituent council
has the same meaning as in section 6.
- urban road
means a highway, other than a trunk road or classified road, which—
- walkway
includes both a walkway as defined in section 35(2) above and a local Act walkway.
- walkway consent
means—
- wall
includes any partition with whatever material it is constructed, and any bank.
- water undertakers
means the Environment Agency, the Natural Resources Body for Wales or a water undertaker. • “Welsh council” means the council of a Welsh county or county borough.
- Welsh council
means the council of a Welsh county or county borough.
- work
includes a tunnel, ditch, gutter, watercourse, culvert, drain, soak-away or pipe.
- works for road purposes
has the same meaning as in Part 3 of the New Roads and Street Works Act 1991.