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Section 52: Objections to proposed works

Roads Act · PART III: PRIVATE ROADWORKS

consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

52. Objections to proposed works (1) Within one month from the date of the publication of a notice under section 49 (3) (a), an owner of premises shown in a provisional apportionment of expenses as liable to be charged with any part of the expenses of executing roadworks with respect to a private road may, by written notice served on the local authority, object to its proposal on the ground that— (a) an alleged private road is not a private road or, as the case may be, that the alleged part of a private road is not a part of a private road; (b) there has been some material informality, defect or error in or in respect of the resolution, notice, plans, sections or estimate; (c) the proposed works are insufficient or unreasonable; (d) the estimated cost of the proposed works is excessive; (e) any premises ought to be excluded from, or inserted in, the provisional apportionment; or (f) the provisional apportionment is incorrect in respect of some matter of fact to be specified in the objection, or, where the provisional apportionment is made with regard to other considerations than frontage, in respect of the degree of benefit to be derived by any premises, or of the amount or value of any work already effected by the owner or occupier of premises. (2) Where premises are owned jointly by 2 or more persons, a notice under subsection (1) may be given on behalf of those persons by one of their number, if he is authorised in writing by a majority of them to do so. R28 – 27 [Issue 1] Roads Act

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