Growth and Infrastructure Act 2013

11 Stopping up and diversion of highways E+W

(1) Section 253 of the Town and Country Planning Act 1990 (procedure in anticipation of planning permission) is amended as follows.

(2) In subsection (1), omit paragraph (b) and the “and” preceding it.

(3) After subsection (1) insert—

“(1A) Where—

(a) the Welsh Ministers would, if planning permission for any development had been granted under Part 3, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and

(b) subsection (2), (3) or (4) applies,

then, notwithstanding that such permission has not been granted, the Welsh Ministers may publish notice of the draft of such an order in accordance with section 252.”

(4) In subsection (2)—

(a) for “Secretary of State” (in each place where it occurs) substitute “ Welsh Ministers ”, and

(b) for “, a local development order or a neighbourhood development order” substitute “ or a local development order ”.

(5) In subsection (4), for “, county borough, metropolitan district or London borough” substitute “ or county borough, ”.

(6) In subsection (5)—

(a) for “or the council of a London borough” substitute “ , the council of a London borough or the Welsh Ministers ”, and

(b) after “subsection (1)” insert “ or, as the case may be, (1A) ”.