Section 171 of the Highways Act
Section 171 of the Highways Act 1980 allows for persons to temporarily deposit building materials or other items in a street, or to make a temporary excavation, as long as they have the consent of the relevant highway authority.
If consent is refused, the person is entitled to appeal to a magistrate’s court.
The person making the deposit or excavation must comply with the directions provided by the highway authority. This can relate to the erection of traffic signs, fencing, proper lighting, and so on. If the highway authority, or relevant local authority, require it, the person must remove the obstructing items or fill in the excavation.
If the conditions are not adhered to, the person will be liable to imposed fines.
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