Section 115F: Power to impose conditions on permissions under section 115E.

Highways Act 1980 · 1980 c. 66View on legislation.gov.uk

Part VIIA: Provision of Amenities on Certain Highways

Subject to subsections (2) to (4) below, a council may grant a permission under section 115E above upon such conditions as they think fit, including conditions requiring the payment to the council of such reasonable charges as they may determine.

Except where the council are the owners of the subsoil beneath the part of the highway in relation to which the permission is granted, the charges may not exceed the standard amount.

In subsection (2) above, "the standard amount" means—

in relation to permission to use an object or structure provided by a council, the aggregate—
of the cost of providing it; and
of such charges as will reimburse the council their reasonable expenses in connection with granting the permission;
in relation to permission to operate facilities provided by a council for recreation or refreshment or both, the aggregate—
of the cost of providing them; and
of such charges as will reimburse the council their reasonable expenses in connection with granting the permission; and
in any other case, such charges as will reimburse the council their reasonable expenses in connection with granting the permission.

Nothing in this section shall prejudice the right of a council to require an indemnity against any claim in respect of injury, damage or loss arising out of the grant of the permission; but this subsection is not to be taken as requiring any person to indemnify a council against any claim in respect of injury, damage or loss which is attributable to the negligence of the council.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.