§ Mr. Guy BarnettI beg to move Amendment No. 1, in page 2, line 4, at end insert
and shall not be entitled to exercise those powers in respect of so much of a highway as—
- (a) is carried by a bridge which a body other than the local authority and the highway authority has a duty under an enactment to maintain; or
99 - (b) forms part of the approaches to such a bridge and is supported or protected by works or materials which a body other that the local authority and the highway authority has a duty under an enactment to maintain,
except with the consent in writing of that body.In this subsection "bridge" includes a structure which carries a highway superimposed over a cutting".
§ Mr. SpeakerWith it we shall discuss Government Amendments Nos. 2, 3, 4 and 5.
§ Mr. BarnettAs subsection (2) stands, a local authority, not being a highway authority, may not erect pylons or construct sockets in the highway without the consent of the highway authority. Where a highway is carried by a bridge maintained by the highway authority the existing position is satisfactory, but there are many cases where a bridge carrying a highway is maintained by the British Railways Board, British Waterways Board or the London Transport Executive, and some bridges are maintained by other bodies, such as harbour authorities. Such bodies are generally also responsible for the supporting embankments, retaining walls or other works. Where such bridges carry the highway in which the local authority proposes to erect flagpoles, it is right that it should first have to obtain the consent of the body responsible for the bridge.
The clause as it stands makes no such provision, but the amendments remedy this.
§ Mr. Michael MorrisThe amendment makes enormous sense to us. Would the Minister clarify the position of tunnels and joint road-rail tunnels? While an authority would not want to erect a flagpole in a tunnel it may want to erect lamp-standards or similar poles. What would the technical position be for these types of structures?
§ Mr. BarnettI prefer not to give an answer at this moment. I will see that the hon. Member is informed.
§ Amendment agreed to.
§
Amendments made: No. 2 in page 2, line 5, leave out "and a highway authority" and insert—
(2A) A highway authority or other body".
§ No. 3, in page 2, line 5, leave out "this" and insert "the preceding".
§ No. 4, in page 2, line 8, after "authority", insert" or body
§
No. 5, in page 2, line 10, leave out "other authority)" and insert
local authority to which the consent was given".—[Mr. Guy Barnett.]
§ Mr. Guy BarnettI beg to move Amendment No. 6, in page 2, line 19, after possible ', insert:
'with the enjoyment of premises adjacent to the highway and '.This amendment extends the duty imposed on a local authority by subsection (3)(a) of Clause 1 by requiring it to ensure that flagpoles are erected so as to interfere as little as is reasonably possible with the enjoyment of premises adjacent to the highway. The amendment arises from remarks of my predecessor in office in Committee when he told the hon. Member for Ashford (Mr. Speed) that he was sympathetic about points on amenity, and gave an undertaking that something would be done. I hope the hon. Member will find this satisfactory.
§ Amendment agreed to.