1.1
National & Local Government
No work can be carried out in the public realm unless it is
specifically permitted by law.
Although building work is strictly controlled by the Town and
Country Planning Acts, nearly all work in the public realm, that
is in public streets is “permitted development” and
does not need planning permission.
Much of the work in the public realm is carried out by the local
traffic and highway authority which in most large urban areas
such as the London boroughs and big cities such as Birmingham
and Manchester, would be unitary authorities. Unitary authorities
provide virtually the whole range of local council services.
In rural areas, the local traffic and highway authority is usually
the county council. In which case town planning and economic
regeneration services, which also have a bearing on the public
realm, are provided by the district council, and to an extent
by the parish and town councils.
In addition many items of street furniture are installed in
the public realm by the statutory service companies, regarding
sewers, gas, water, electricity and phones. These companies have
their equipment underground so they frequently need to get to
them, and dig up the roads and pavements.
Thus the powers to act all come within a complicated legal system.
Management structure with authorities
Chart of action and responsibilities
1.2 Acts, Policies & Regulations
National policies are agreed by parliament and enacted through
Acts of Parliament with laws.
Much of the legislation affecting the public realm is carried
out by local authorities. Councils are therefore closely governed
as to what they can do and how they do it. Nearly all their finance
has to be spent strictly in accordance with central government’s
wishes.
In the public realm, highways are designed and managed in accordance
with specific rules. There is a hierarchy of legislation, regulations
and advice.
For example, the Road Traffic Regulation Act gives the Secretary
of State for Transport powers to make Traffic Signs Regulations.
These regulations are published as the Traffic Signs Regulations
and General Directions. The latest version was published
in 2002.
The regulations set out the description of signs, when they should
be used and the limitations on their use.
