Highway
Encroachments (Jersey) Regulations 1957
1 Encroachments
over highways[1]
The following projections
from a building may extend beyond the boundary of the building with the
highway –
(a) surface
water pipes and their appurtenances, copings, window heads and sills, string
courses, facias, window dressings and other like architectural decorations, but
so that no part thereof projects more than 4 inches from the boundary;
(b) flagstaffs
and flags but so that no part thereof is less than 9 feet above the level of a
footpath or less than 18 feet above the level of a carriageway;
(c) lamps,
but only over a footpath and so that no part of the lamp is less than 9 feet
above the level of the footpath;
(d) awnings and blinds, but
only over a footpath and so that no part thereof is less than 7 feet above the
level of the footpath and less than one foot inside an imaginary vertical line
drawn from the outer edge of the footpath;
(e) signs, but so that no part
of the sign is less than 7 feet above the level of a footpath or less
than 18 feet above the level of a carriageway and, where less than 18
feet above the level of a footpath, so that no part of the sign is less than
one foot inside an imaginary vertical line drawn from the outer edge of the
footpath, and, in any case, so that no part of the sign projects more than 4
feet from the building.
2 Power
to direct that Regulation 1 shall not apply in certain cases
(1) Where any projection
from a building authorized, by virtue of Regulation 1, to extend beyond the
boundary of the building with the highway is so placed as to hinder the
effective carrying out of any functions of a highway authority or of any other
public or parochial authority, the highway authority may in any case and shall
if so requested by that public or parochial authority, by notice served on the
owner of the building, direct that that Regulation shall cease to apply in
relation to that projection or shall apply subject to such modifications as may
be thought fit.
(2) A direction under paragraph (1)
shall not take effect until the expiration of such period (not being less than 28
days from the service of the relevant notice) as may be specified in the notice.
(3) The provisions of Article 5(2),
(3) and (4) of the Highways (Jersey) Law 1956, (in these Regulations referred to as “the Law”) shall apply for the purposes of this Regulation as if references
therein to notices served under the proviso to Article 5(1) were
references to a notice served under this Regulation.
3 Encroachments
on highways[2]
(1) A highway authority may
on any carriageway of a highway place raised paving or other material for the
purpose of making the crossing of the carriageway less dangerous to pedestrians
or for directing the course of vehicular traffic.
(2) A highway authority
shall not, under paragraph (1), place anything on the carriageway
of –
(a) a
by-road, unless it has first consulted the Minister; or
(b) a
main road, unless it has first consulted the Connétable of the parish
in which the thing will be located.
(3) A highway authority
shall ensure that anything it has placed on a carriageway under paragraph (1)
is adequately illuminated from 30 minutes after sunset to 30 minutes
before sunrise so as to give warning to pedestrian and vehicular traffic.
(4) A highway authority
shall not alter or remove anything it has so placed without first consulting
the Minister (in the case of something placed on the carriageway of a by-road)
or the Connétable of the parish in which the thing is located (in the
case of something placed on the carriageway of a main road).
(5) A highway authority may
place pillars, rails, or other fences, whether permanent or temporary, on any
footpath of a highway for the purpose of protecting pedestrians or for the
purpose of making the crossing of a carriageway of a highway less dangerous.
(6) A highway authority
shall not, under paragraph (5), place anything on a footpath
unless –
(a) in
the case of a footpath of a by-road, it has first consulted the Minister;
or
(b) in
the case of a footpath of a main road, it has first consulted the Connétable
of the parish in which the thing will be located.
4 Citation
These Regulations may be cited as the Highway Encroachments (Jersey)
Regulations 1957.