Section 203: Interpretation of Part XI.

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

Part XI: Making up of Private Streets

In this Part of this Act (and elsewhere in this Act) "the private street works code" means sections 205 to 218 below; and "the advance payments code" means sections 219 to 225 below.

In this Part of this Act "private street" means a street that is not a highway maintainable at the public expense, and—

includes any land that is deemed to be a private street by virtue of a declaration made under section 232 below, and
for the purpose of the application of the advance payments code or section 229 below in relation to any building, includes—
any land in Wales shown as a proposed street on plans deposited with respect to that building either under building regulations or on an application for planning permission under the Town and Country Planning Act 1990, and
any land in England shown as a proposed street on plans with respect to that building which accompany an application for building control approval under building regulations or on an application for planning permission under the Town and Country Planning Act 1990,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

In this Part of this Act—

  • "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);

  • "building safety regulator" means the regulator within the meaning of Part 2 of the Building Safety Act 2022;

  • "contributory place" has the same meaning as in section 343 of the Public Health Act 1936;

  • "fronting" includes adjoining, and "front" is to be construed accordingly;

  • "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;

  • "local Act" includes a provisional order confirmed by Parliament and the confirming Act so far as it relates to that order;

  • "paving, metalling and flagging" includes all methods of making a carriageway or footway;

  • "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;

  • "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—as respects a street outside Greater London, the council of the county or metropolitan district in which the street is situated,as respects a street in a London borough, the council of the borough, andas respects a street in the City, the Common Council.

For the purposes of the advance payments code and of section 229 below, the frontage of a building or proposed building on a street shall be deemed to be the frontage that the building itself and any land occupied or, as the case may be, proposed to be occupied, with the building and for the purposes of it has or will have on the street.

In ascertaining a majority in number of owners for the purposes of any provision of this Part of this Act, joint owners are to be treated as one owner.

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