Part 7Orders granting development consent

Chapter 1Content of orders

Miscellaneous

I1136Public rights of way

1

An order granting development consent may extinguish a public right of way over land only if the F1Secretary of State is satisfied that—

a

an alternative right of way has been or will be provided, or

b

the provision of an alternative right of way is not required.

2

The following provisions of this section apply if—

a

an order granting development consent makes provision for the acquisition of land, compulsorily or by agreement,

b

the order extinguishes a public right of way over the land, and

c

the right of way is not a right enjoyable by vehicular traffic.

3

The order granting development consent may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.

4

Subsection (5) applies if—

a

the order granting development consent extinguishes the right of way from a date (“the extinguishment date”) which is earlier than the date on which the acquisition of the land is completed, and

b

at any time after the extinguishment date it appears to the F2Secretary of State that the proposal to acquire the land has been abandoned.

5

The F3Secretary of State must by order direct that the right is to revive.

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7

Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.