FOI release

Statutory powers delegated, by Herefordshire Council, to BBLP in respect of highways drainage

Case reference FOI2023/01090

Published 13 July 2023

Request

List of any statutory powers delegated, by Herefordshire Council, to Balfour Beatty Living Places in respect of highways drainage:

1. What statutory powers, under section 100 (1) & section 100 (2) of the Highways Act 1980, have Herefordshire Council delegated to Balfour Beatty Living Places?

2. Has Herefordshire Council delegated the responsibility defined in the Highways Act 1980 Section 100 (3), "A highway authority shall pay compensation to the owner or occupier of any land who suffers damage by reason of the exercise by the authority of any power under subsection (1) or (2) above." to Balfour Beatty Living Places or any other contractor, to exercise on their behalf?

Response

List of any statutory powers delegated, by Herefordshire Council, to Balfour Beatty Living Places in respect of highways drainage:

1. What statutory powers, under section 100 (1) & section 100 (2) of the Highways Act 1980, have Herefordshire Council delegated to Balfour Beatty Living Places?

(a) construct or lay, in the highway or in land adjoining or lying near to the highway, such drains as they consider necessary;

(b) erect barriers in the highway or in such land as aforesaid to divert surface water into or through any existing drain;

(c) scour, cleanse and keep open all drains situated in the highway or in such land as aforesaid.

2. Has Herefordshire Council delegated the responsibility defined in the Highways Act 1980 Section 100 (3), "A highway authority shall pay compensation to the owner or occupier of any land who suffers damage by reason of the exercise by the authority of any power under subsection (1) or (2) above." to Balfour Beatty Living Places or any other contractor, to exercise on their behalf?

No, it is with Herefordshire Council.

Documents

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