Local Government Act 1974

335 Vehicle crossings

(1)

Where vehicles are being taken or, in the opinion of the council, are likely to be taken, on to or from any land across any footpath on any road or any water channel on or adjoining any road otherwise than by means of a crossing properly constructed under the provisions of any bylaw made by the council, the principal administrative officer or other officer authorised by the council may, by notice in writing, require the occupier or, in any case where there is no occupier, the owner of the land to pay to the council such sum of money as the council from time to time fixes as payment for the cost of the construction of a crossing by the council.

(2)

Within 28 days after the service of the notice, the occupier or owner, as the case may be, may object in writing to the council against the requirements of the notice, and the notice shall thereupon be deemed to be suspended pending the determination of the objection or, where application is made to the court to confirm the notice, pending the decision of the court.

(3)

Where any such objection is received by the council, the council shall forthwith inquire into and dispose of the objection.

(4)

Where on inquiry into the objection the council reaffirms its requirements, the council shall apply to the District Court for an order confirming the notice.

(5)

On the hearing of the application, the court, whose decision shall be final, may—

(a)

confirm the notice; or

(b)

confirm the notice subject to a reduction in the sum payable to the council by the occupier or owner, as the case may be; or

(c)

set aside the notice.

(6)

Where—

(a)

in any case in which no such objection is made, the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice within 42 days after the service of the notice; or

(b)

in any case in which objection is made, the notice is confirmed by the court (whether with or without any reduction in the sum payable to the council), and the occupier or owner, as the case may be, fails to pay to the council the sum specified in the notice, or, as the case may be, the sum specified in the order of the court, within 14 days after the giving of the decision of the court,—

the council may construct the crossing and recover the cost from him.

(7)

The said cost shall be recoverable by the council as a debt from the occupier or owner, as the case may be, and, where it is recoverable from the owner, shall be a charge on the land.

(8)

Where any sum of money is paid to the council by any occupier or owner pursuant to this section, the council shall refund that sum to the occupier or owner if the crossing is not completed by the council within 6 months after the date of the payment.

(9)

Where the council is satisfied that any crossing on to any land is redundant or is in excess of the reasonable requirements of the occupier, or, where there is no occupier, the owner, the principal administrative officer or other officer authorised by the council may serve notice upon the occupier or owner, as the case may be, of its intention to remove the crossing at the expense of the council.

(10)

In this section the term road does not include an access way.

Compare: 1954 No 76 s 178A; 1956 No 64 s 199C; 1964 No 119 s 12; 1971 No 62 s 18; 1972 No 132 s 5

Section 335: inserted, on 1 April 1979, by section 2 of the Local Government Amendment Act 1978 (1978 No 43).

Section 335(1): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).

Section 335(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 335(9): amended, on 19 January 1981, pursuant to section 2(2) of the Local Government Amendment Act 1980 (1980 No 82).