Section 49: Private roadworks

49. Private roadworks (1) (a) Where it appears to a local authority that a private road within its area of jurisdiction is not, to its satisfaction, levelled, paved, metalled, flagged, channelled, drained or made good, the local authority may pass a resolution with respect to the road to execute road works, and the expenses incurred by the highway authority in executing those works shall, subject to this Act, be apportioned between the premises fronting the road. (b) Where the local authority passes a resolution under paragraph (a) with respect to a part only of a road (not being a part extending for the R28 – 25 [Issue 1] Roads Act whole of the length of the road), the expenses shall be apportioned only between the premises fronting the length of the road which constitutes or comprises that part. (2) (a) Where a local authority has passed a resolution under subsection (1), the highway authority shall employ a competent person to prepare— (i) a specification of the road works referred to in the resolution, with any necessary plans and sections; (ii) an estimate of the probable cost of the works; and (iii) a provisional apportionment of the estimated cost among the premises liable to be charged with these expenses under this Act, and the specifications, plans, sections, estimate and provisional apportionment shall comprise the particulars prescribed in the Second Schedule, and shall be submitted to the local authority, who may, by resolution, approve them with or without modification or addition as it thinks fit. (b) Where the road works referred to in the resolution include the sewering of any road, the plans in that respect shall be subject to the approval of the Permanent Secretary. (3) After the resolution has been approved, a notice containing the particulars specified in paragraph 5 of the Second Schedule shall be— (a) published in such manner as may be approved by the Minister; (b) posted in a prominent position in or near the road to which the resolution relates, at least once in each of 3 successive weeks; and (c) within 7 days from the date of the publication under paragraph (a), served on the owners of the premises shown in the provisional apportionment as liable to be charged, and, during one month from that date, a copy of the resolution of approval, and all relevant documents shall be kept deposited at the local authority’s office, and shall be open to inspection, free of charge, at all reasonable hours. (4) Where a notice is served on an owner of premises under subsection (3) (c), it shall be accompanied by a statement of the sum apportioned on those premises by the provisional apportionment.