Legislation: highways work in conservation areas.

[johnandrew]

Maybe the COs or other knowledgable people on here can help with this following question regarding highways work in conservation areas.

Are Highways Authorities required to have regard to Section 72* of the Planning (Listed Buildings and Conservation Areas) Act 1990? Or is there provision for this in another Act?

John


* For those interested, Section 72 of P(LBCA)Act 1990 states.

72.
--(l) In the exercise, with respect to any buildings or other land in a conservation area, of any powers under any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.
--(2) The provisions referred to in subsection (I) are the planning Acts and Part I of the Historic Buildings and Ancient Monuments Act 1953.

 

[Moo]

This seems to be slipping down the page without a response from anyone.

Perhaps a few more details about the case in question (assuming, that is, that the post refers to an actual case) might help?

 

[Carol]

I wondered that same question when our town centre was dug up and the pavements replaced with black tarmac. It looks terrible but presumably someone gave consent. And yet the fuss made about the different colours of Grade II shopfronts loving chosen after hours of thought!

 

[johnandrew]

Thanks for bumping me to the top, Moo.

What I want to know is whether the Highways Authority can do anything they like in a conservation area, particularly in regard to things like pavements and roads, or is there legislation that requires them to have regard to the desirability of preserving and enhancing the area.

In particular, I'm hoping someone can point me towards the relevant legislation. My reading of Sec 72 that I quoted above suggests that this section only applies to local planning authorities and not highways authorities, unless highways work is considered permitted development then maybe its is covered by the General Permitted Development Order thingy and then Sec. 72 would apply (I think).

John

 

[Gareth Hughes]

What I want to know is whether the Highways Authority can do anything they like in a conservation area, particularly in regard to things like pavements and roads, or is there legislation that requires them to have regard to the desirability of preserving and enhancing the area.
John

Can, and do. There may be Highways Authorities that have come to some sort of informal arrangement with local conservation officers and so on, but I believe (or rather, they tell me) they are a statutory undertaker, and can therefore do -pretty much - what they like.
In my experience, even those informal agreements tend to disappear under the weight of outsourced contractors with a lorry load of blacktop.

 

[jocelyn plummer]

Our Town was 're-enhanced' 10 years ago, there was consultation between Officers of Highways and the then Town Centre Partnership-- a mix of Town and ( the then) District Councillors, Chamber of Trade, and Preservation Society . They still did pretty much what they wanted, looks a mess and has been dug up for various services since, so a complete waste of time and money--- to say nothing of the hasty repairwork, already disintegrating, resulting from the last 2 winters.