HAT can require street to become highway: HA 1988 s. 69
A housing action trust can serve notice requiring a street works authority to declare a private street a public highway; two-month appeal to Secretary of State.
When any street works have been executed on any land in a designated area which was then or has since become a private street (or part of a private street) , the housing action trust may serve a notice on the street works authority requiring it to declare the street (or part) to be a highway which for the purposes of the Highways Act 1980 is a highway maintainable at the public expense. Within the period of two months beginning on the date of the service of a notice under subsection (1) above, the street works authority may appeal against the notice to the Secretary of State . . . After considering any representations made to him by the housing action trust and the street works authority, the Secretary of State shall determine an appeal under subsection (2) above by setting aside or confirming the notice under subsection (1) above (with or without modifications). Where, under subsection (3) above, the Secretary of State confirms a notice,— he may at the same time impose conditions (including financial conditions) upon the housing action trust with which the trust must comply in order for the notice to take effect, and the highway (or part) shall become a highway maintainable at the public expense with effect from such date as the Secretary of State may specify. Where a street works authority neither complies with the notice under subsection (1) above, nor appeals under subsection (2) above, the street (or part) concerned shall become a highway maintainable at the public expense upon the expiry of the period of two months referred to in subsection (2) above. In this section “ private street ” and “ street works authority ” have the same meanings as in Part XI of the Highways Act 1980.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows a housing action trust (HAT) to require a street works authority to declare a private street a highway maintainable at public expense. It applies when street works have been carried out on land in a designated area that is now a private street.
The HAT serves a notice on the street works authority. The authority has two months to appeal to the Secretary of State. If no appeal is made, the street becomes a public highway after the two months. If the authority appeals, the Secretary of State decides the matter and may confirm the notice with or without modifications, and can impose conditions on the HAT. The Secretary of State also sets the date from which the street becomes maintainable at public expense.
The terms "private street" and "street works authority" have the same meanings as in Part XI of the Highways Act 1980.
When it applies
- A housing action trust has completed street works in a designated area on a private street and wants the street to be adopted as a public highway. The trust serves a notice under this section.
- The street works authority receives a notice and believes the street does not meet adoption standards, so it appeals to the Secretary of State within two months.
- The two-month period expires without any appeal, and the private street automatically becomes a highway maintainable at public expense.
- The Secretary of State confirms the notice but imposes a financial condition requiring the HAT to pay for certain improvements.
- The street works authority complies with the notice and declares the street a public highway before the two months are up.
What this section does not say
- This section does not apply to streets that are already public highways.
- It does not give a private landowner or resident the right to force a street to become a public highway.
- It does not govern the definition of 'private street' or 'street works authority' – those are in the Highways Act 1980.
- It does not cover disputes about the standard of street works or the quality of the street.
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This page reproduces the text of HA 1988 s. 69 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.