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Written question asked by Harry Barnes (Labour) on Wednesday, 8 July 1998, in the House of Commons. It was due for an answer on Tuesday, 14 July 1998. It was answered by Gavin Strang (Labour) on Tuesday, 14 July 1998 on behalf of the Department of the Environment, Transport and the Regions.


Dept of the Environment Transport and the Regions

Question
To ask the Secretary of State for the Environment, Transport and the Regions, if he will list the statutory duties of the owners of private roads with regard to their upkeep and lighting. - Inc ref to Highways Act 1980.
Answer

Mr. Barnes: To ask the Secretary of State for the Environment, Transport and the Regions if he will list the statutory duties of the owners of private roads with regard to their upkeep and lighting. [50185] Dr. Strang: In general, the responsibility of maintaining a private street falls to the owners of the adjoining properties (the "frontagers"). This is a matter of common law, rather than statute law, although under the Highways Act 1980 when there is an urgent need for repairs to obviate danger to traffic the local highway authority may by notice require the owners of the premises fronting the street to carry out specified repairs. The authority may also from time to time resolve to execute street works in order to make up the street to a standard they consider satisfactory, and the works may include lighting. The common law imposes no obligations on frontagers to light streets, and while local authorities have certain statutory powers in respect of lighting there is no duty to light a private street.


Secondary information

Type
Written question
Reference
316 c118W; 50185
Session
1997-98
Subjects
Law Unadopted roads Repairs and maintenance