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|Road Traffic Regulation Act 1984 (c. 27)|
|Part IV Parking Places|
General powers of parish or community councils for provision of parking places.— (1) Where for the purposes of relieving or preventing congestion of traffic or preserving local amenities it appears to the council of a parish in England or a community in Wales to be necessary to do so, the council, subject to sections 58 and 59 of this Act, may—
provide within their area and maintain suitable parking places for bicycles and motor cycles, or
provide within their area and maintain suitable parking places, otherwise than on roads, for vehicles of other descriptions or for vehicles generally.
utilise and adapt any land purchased by the council for the purpose or appropriated for the purpose under subsection (3) below, or
in the case of a parking place provided under subsection (1)(a) above, but subject to the provisions of section 58 of this Act, adapt, and by order authorise the use of, any part of a road in the parish or community;
any part of a recreation ground provided by the council under section 8 of the M1 Local Government Act 1894;
any part of an open space controlled or maintained by the council under the M2 Open Spaces Act 1906, other than a part which has been consecrated as a burial ground or in which burials have taken place;
any part of any land provided by the council as a playing field or for any other purpose and held by that council for the purposes of section 19 of the M3 Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities).
Consents for purposes of s. 57(1).— (1) A parish or community council shall not have power by virtue of section 57(1) of this Act to provide a parking place—
in a position obstructing or interfering with any existing access to any land or premises not forming part of a road, except with the consent of the owner and the occupier of the land or premises, or
in a road which is not a highway, or in a public path, except with the consent of the owner and the occupier of the land over which the road or path runs, or
in any such situation or position as is described in the first column of the following Table, except with the consent of the persons described in relation to it in the second column of that Table.
|(i) In a trunk road or any other road maintained by the Secretary of State or on land abutting on any such road.||The Secretary of State.|
|(ii) In a road which is a highway (other than a trunk road or a road maintained as mentioned in sub-paragraph (i) above or a public path) or on land abutting on any such road.||The county council [F1 or metropolitan district council].|
|(iii) In a road which is a highway belonging to and repairable by the persons carrying on any railway, dock, harbour, canal, inland navigation or passenger road transport undertaking and forming the approach to any station, dock, wharf or depot of theirs.||The persons carrying on the undertaking concerned.|
|(iv) On a bridge carrying a highway over a railway, dock, harbour, canal or inland navigation, or on the approaches to any such bridge, or under a bridge carrying a railway, canal or inland navigation over a highway.||The persons carrying on the railway, dock, harbour, canal or inland navigation undertaking concerned.|
in the case of a dispute between the parish or community council and the Secretary of State, be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers; and
in any other case, be referred to and determined by the Secretary of State, who may cause a public inquiry to be held for the purpose.
Consents for, and provisions as to use of, parking places under s. 57(1)(b).— (1) A parish or community council shall not exercise their powers under section 57(1)(b) of this Act without the consent of the council of the county [F2 or metropolitan district] in which the parish or community is situated; and any consent given by the county council [F2 or metropolitan district council] may be subject to such conditions or restrictions as they think fit.
the parish or community council were a local authority for the purposes of sections 32 and 35 of this Act, and
the parking place were provided by the parish or community council under section 32 of this Act.
Supplementary provisions relating to ss. 57–59.— (1) A parish or community council may contribute towards—
the reasonable expenses incurred by any person in doing anything which by virtue of section 57 of this Act that council has power to do, and
the expenses incurred by any other parish or community council in exercising their powers under that section.
“in", in a context referring to things in a road, includes a reference to things under, over, across, along or upon the road;
“owner" has the meaning assigned to it by section 343 of the M5 Public Health Act 1936;
“parish" or “community", in relation to a common parish council or common community council acting for two or more grouped parishes or communities, means those parishes or communities;
“public path" has the meaning assigned to it by section 27 of the National Parks and Access to the M6 Countryside Act 1949; and
“road" means a highway (including a public path) and any other road, lane, footway, square, court, alley or passage (whether a thoroughfare or not) to which the public has access, but does not include a road provided or to be provided in pursuance of a scheme made, or having effect as if made, under section 16 of the M7 Highways Act 1980 (which relates to special roads).
Note: These attributes apply to this level only, lower levels have their own attributes.
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