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.