Local Government (Highways) Act 1982

In this section, the appropriate date means 13th December 1934 or the date on which the provisions of this section, or provisions corresponding thereto, first applied to the area in which the site of the building is situated, whichever is the later.

For the purposes of subsection (1), the provisions of sections 22 and 23 of the Towns Act 1934 shall be deemed to be provisions corresponding with the provisions of this section.

This section applies to a porch, shed, projecting window, step, cellar, cellar door or window, sign, signpost, sign-iron, show-board, window-shutter, wall, gate, or fence, or any other obstruction or projection erected or placed against or in front of a building that is an obstruction to the safe and convenient passage along a highway and such a thing is referred to as an obstruction to which this section applies.

At such time as is agreed with the occupier of a building, or after giving at least 30 days' notice of its intention to do so, the corporation may remove or alter an obstruction to which this section applies that has been erected or placed against or in front of the building.

The corporation shall pay compensation to a person suffering damage by the removal or alteration of an obstruction to which this section applies that has been erected or placed against or in front of a building before the appropriate date.

Where an obstruction to which this section applies was erected or placed against or in front of a building on or after the appropriate date, the corporation may, by notice served on the owner or occupier of the building, require him within 14 days to remove or alter the obstruction in the manner specified in the notice.

If the requirements of a notice served under subsection (6) are not complied with, the corporation may carry out those requirements and recover the cost reasonably incurred by it in so doing from the occupier of the building.

If a door, gate, or bar was, before 13th December 1934, hung so as to open outwards on a street, the corporation may alter it so that no part of it, when open, projects over a part of the highway.