106Lack of frontage of highway

106 Lack of frontage of highway

(1)  If –

(a) land proposed to be subdivided is separated from a highway by land of the highway authority; and

(b) the highway authority declares under seal that its land is to become part of the highway –

land which would, when the highway authority's land had become part of the highway, have a frontage on the highway is taken to have the same frontage as it would then have.

(2)  An objection may not be made that a way in the proposed subdivision does not communicate with the highway because the highway authority's land intervenes.

(3)  The highway authority, when the way is opened, is to provide the necessary communication with the highway.

(4)  For the purposes of this Part –

(a) a highway over water is a highway; and

(b) a road in respect of a lot shown in a plan to which this Part applies is a road if the lot has a frontage to the shore of the sea or to a navigable river or lake and cannot be reached from a city or town by a highway.

(5)  For the purposes of subsection (4) , land which has an easement in fee of unrestricted passage over land of the Crown to the shore of the sea is taken to have a frontage to the shore of the same width as the easement.