Cornwall County Council Act 1984




See the notes above on Local Acts.



Section 2: "the county" means the county of Cornwall;

"the county council" means the Cornwall County Council;

"district" means a district in the county;

"district council" means the council of a district;

“street” has the meaning given by section 329 of the [Highways Act 1980]”

Section 13: “(1) A district council may allocate to the buildings in a street in their district such numbers as they think fit.

(2) Where a number has, or numbers have, been allocated to a building under this section or under section 64 of the Towns Improvement Clauses Act 1847, the district council may serve on the owner or occupier of the building a notice requiring him within such period, not being less than three weeks, as may be specified in the notice, to mark the building with that number, or those numbers, in such a way as to make the mark legible from the street; and for that purpose the district council may require the mark to be in such a position on the building, or on the premises of which the building forms part, as they may specify.

(3) The person on whom notice has been served under subsection (2) above shall—

(a) maintain the mark in such a way that it remains legible from the street;

(b) keep the view of the mark from the street unobstructed to such extent as is practicable.

(4) A district council may alter the number or numbers allocated to a building, and where they do so subsections (2) and (3) above shall apply to the altered number or numbers.

(5) A district council may, instead of requiring a building to be marked with a number or numbers under this section, require it to be marked with such other means of identification as they may, at the request of the owner or occupier, allow; and subsections (2) and (3) above shall have effect accordingly.

(6) A person who without reasonable excuse –

(a) fails to comply with a notice served on him under subsection (2) above; or

(b) contravenes subsection (3) above;

shall be guilty of an offence.

(7) The following provisions of the Towns Improvement Clauses Act 1847 shall cease to have effect in the county:-

(a) in the words introducing sections 64 and 65, the words   "and numbering the houses";

(b) in section 64 the words from "shall from time to time "to "think fit, and" and the words "number or" wherever occurring;

(c) section 65.

(8) The provisions of section 290 of the Act of 1936, other than subsections (6) and (7) thereof, shall apply in relation to notices given under this section as they apply in relation to the notices mentioned in subsection (1) of that section.”

Section 13 introduces a new legislative scheme for street numbering in the administrative county of Cornwall.  These functions would now have been absorbed by the unitary Cornwall Council (established in 2009) assuming the structural change legislation makes provision for a transfer of the relevant functions – alternatively the functions under this Act should have been repealed.  In considering Cornwall Council’s guidance notes they refer to the 1847 Act for street numbering which would suggest the Council does not consider Section 13 still applies.

Section 290, Public Health Act 1936: “(1) The following provisions of this section shall, subject to any express modifications specified in the section under which the notice is given, apply in relation to any notice given under this Act which is expressly declared to be a notice in relation to which the provisions of this Part of this Act with respect to appeals against, and the enforcement of, notices requiring the execution of works are to apply.

(2) Any such notice shall indicate the nature of the works to be executed, and state the time within which they are to be executed.

(3) A person served with such a notice as aforesaid may appeal to a court of summary jurisdiction on any of the following grounds which are appropriate in the circumstances of the particular case:-

(a) that the notice or requirement is not justified by the terms of the section under which it purports to have been given or made;

(b) that there has been some informality, defect or error in, or in connection with, the notice;

(c) that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;

(d) that the time within which the works are to be executed is not reasonably sufficient for the purpose;

(e) that the notice might lawfully have been served on the occupier of the premises in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served;

(f) where the work is work for the common benefit of the premises in question and other premises, that some other person, being the owner or occupier of premises to be benefited, ought to contribute towards the expenses of executing any works required.

(4) If and in so far as an appeal under this section is based on the ground of some informality, defect or error in or in connection with the notice, the court shall dismiss the appeal, if it is satisfied that the informality, defect or error was not a material one.

(5) Where the grounds upon which an appeal under this section is brought include a ground specified in paragraph (e) or paragraph (f) of subsection (3) of this section, the appellant shall serve a copy of his notice of appeal on each other person referred to, and in the case of any appeal under this section may serve a copy of his notice of appeal on any other person having an estate or interest in the premises in question, and on the hearing of the appeal the court may make such order as it thinks fit with respect to the person by whom any work is to be executed and the contribution to be made by any other person towards the cost of the work, or as to the proportions in which any expenses which may become recoverable by the local authority are to be borne by the appellant and such other person.

In exercising its powers under this subsection, the court shall have regard -

(a) as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works required; and

(b) in any case, to the degree of benefit to be derived by the different persons concerned.

[(6) and (7) not applicable].”

The reference to Section 290 of the Public Health Act 1936 adds additional requirements in relation to notices served on owners and occupiers in relation to number markings on properties.