HL Deb 25 July 1930 vol 78 cc864-5

After Clause 53, insert the following new clause:

Power to remove structures from highways.

(".—(1) Where any structure has been erected or set up on a highway otherwise than under or in pursuance of any enactment the highway authority may by notice in writing require the person having control or possession of the structure to remove it within such time as may be specified in the notice.

(2) Any person on whom any notice is served under this section, may, within one month of the service of the notice, appeal to the Minister, and if it is shown to the satisfaction of the Minister that the removal of the structure within the time specified in the notice would cause undue hardship to any person, the Minister may extend the time by such period as he thinks just.

(3) If any structure in respect of which a notice has been served under this section is not removed within the time specified in the notice, the highway authority may themselves remove the structure and recover the expense of so doing summarily as a civil debt from the person having the control or possession of the structure:

Provided that the power of the highway authority under this subsection shall not be exercised until the expiration of one month after the date of the service of the notice, or, if an appeal has been made to the Minister against the notice, until after the appeal has been determined.

(4) A notice under this section may be served either personally or by post.

(5) In this section the expression "structure" includes any machine, pump post or other object of such a nature as to be capable of causing obstruction.")

EARL RUSSELL

My Lords, the object of this clause is to provide expeditious means of removal of structures erected on the highway without statutory authority. It does not apply to telegraph poles or tramway poles, or other similar erections in connection with the provision of public facilities, or to anything on the highway in pursuance of statutory authority; but it is intended to cover petrol pumps and other similar obstructions, which there is no necessity to place on the highway and which should properly be confined to private property, and which in fact the local authorities have no power to allow. The clause provides for an appeal to the Minister against the decision in case there is any objection. I beg to move that this House doth agree with the Commons in this Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(Earl Russell.)

On Question, Motion agreed to.