Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Part X S Highways

Stopping up and diversion of highways S

198 Highways affected by development: orders by Secretary of State. S

(1) The Secretary of State may by order authorise the stopping up or diversion of any [F1 road] if he is satisfied that it is necessary to do so in order to enable development to be carried out in accordance with planning permission granted under Part III of this Act, [F2 or by virtue of Schedule 32 to the M1 Local Government, Planning and Land Act 1980], or to be carried out by a government department.

[F3 (2) Any order under this section may make such provision as appears to the Secretary of State to be necessary or expedient for the construction or improvement of any other road, and may direct that the other road so constructed or improved—

(a) shall be entered by the local roads authority in the list of public roads kept by them under section 1 of the Roads (Scotland) Act 1984; or

(b) shall be deemed for the purposes of that Act to have been constructed by him under section 19 thereof,

and in the case of a road so deemed, that it shall, on such date as may be specified in the order, become a trunk road within the meaning of that Act.]

(3) Any order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State to be necessary or expedient, including in particular—

(a) provision for authorising the Secretary of State, or requiring any other authority or person specified in the order—

(i) to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; F4

(ii)

F4 (b) provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the [F5 road] to which the order relates.

(4) An order may be made under this section authorising the stopping up or diversion of any [F6 road] which is temporarily stopped up or diverted under any other enactment.

(5) The provisions of this section shall have effect without prejudice to—

(a) any power conferred on the Secretary of State by any other enactment to authorise the stopping up or diversion of a [F6 road];

(b) the provisions of section 3 of the M2 Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947; or

(c) the provisions of section 203(1)(a) of this Act.

Textual Amendments

F1 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(8)(a) (with s. 128(1))

F2 Words inserted by Local Government, Planning and Land Act 1980 (c. 65), Sch. 32 para 19(4)

F3 S. 198(2) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(8)(b) (with s. 128(1))

F4 S. 198(3)(a)(ii) and the word “or” immediately preceding that sub-paragraph repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(8)(c)(i), Sch. 11 (with s. 128(1))

F5 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(8)(c)(ii), Sch. 11 (with s. 128(1))

F6 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(8)(d) (with s. 128(1))

Modifications etc. (not altering text)

C1 S. 198 extended by Mineral Workings Act 1951 (c. 60, SIF 86), s. 32 as substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 41(1) (with ss. 128(1), 156(1), Sch. 9 para. 41(2))

C2 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C3 S. 198(3) amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 2(7)(a)(9) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C4 Ss. 198(3), 199(2), 202(3) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2

C5 S. 198(3)(b) extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4

Marginal Citations

M1 1980 c. 65.

M2 1947 c. 42.

[F7 198A Highways affected by development: orders by planning authorities. S

(1) Subject to section 206 of this Act and to subsection (5) below, a planning authority may by order authorise the stopping up diversion of any [F8 road] which is not—

(a) a trunk road within the meaning of [F9 the Roads (Scotland) Act 1984]; or

(b) a special road provided by the Secretary of State in pursuance of a scheme under [F10 that Act],

if they are satisfied as mentioned in section 198(1) of this Act.

(2) An order under this section—

(a) may make such provision as appears to the planning authority to be necessary or expedient for the [F11 construction] or improvement of any other [F11 road] (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) and may direct that [F11 the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984];

(b) may contain such incidental and consequential provisions as appear to the planning authority to be necessary or expedient, including in particular—

(i) provision for authorising the planning authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in F12 paragraph (a) of subsection (3) of section 198 of this Act;

(ii) such provision as is mentioned in paragraph (b) of that subsection.

(3) An order may be made under this section authorising the stopping up or diversion of any [F13 road] (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) which is temporarily stopped up or diverted under any other enactment.

(4) The provisions of this section shall have effect without prejudice to any power conferred on the planning authority by any other enactment to authorise the stopping up or diversion of a [F13 road].

(5) The planning authority shall not make an order under this section without consulting the [F14 roads] authority (in a case where they are themselves not that authority).]

Textual Amendments

F7 S. 198A inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 25

F8 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(i) (with s. 128(1))

F9 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(ii)

F10 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(iii) (with s. 128(1))

F11 Word(s) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(b)(i) (with s. 128(1))

F12 Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(9)(b)(ii), Sch. 11 (with s. 128(1))

F13 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(c) (with s. 128(1))

F14 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(d) (with s. 128(1))

Modifications etc. (not altering text)

C6 S. 198A extended by Mineral Workings Act 1951 (c. 60, SIF 86), s. 32 as substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 41(1) (with ss. 128(1), 156(1), Sch. 9 para. 41(2))

199 Footpaths and bridleways affected by development: orders by local planning authorities. S

(1) Subject to section 206 of this Act, a F15 planning authority may by order authorise the stopping up or diversion of any footpath or bridleway if they are satisfied as mentioned in section 198(1) of this Act.

(2) An order under this section may, if the F15 planning authority are satisfied that it should do so, provide—

(a) for the creation of an alternative footpath or bridleway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing path or way for such use;

(b) for authorising or requiring works to be carried out in relation to any footpath or bridleway for whose stopping up or diversion, creation or improvement, provision is made by the order;

(c) for the preservation of any rights of statutory undertakers in respect of apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath or bridleway;

(d) for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.

(3) An order may be made under this section authorising the stopping up or diversion of a footpath or bridleway which is temporarily stopped up or diverted under any other enactment.

Textual Amendments

F15 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

Modifications etc. (not altering text)

C7 S. 199 extended by the Mineral Workings Act 1951 (c. 60, SIF 86), s. 32 as substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 41(1) (with ss. 128(1), 156(1), Sch. 9 para. 41(2))

C8 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C9 S. 199(2) amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 2(7)(a)(9) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C10 S. 199(2) amended by British Telecommunications Act 1981 (c. 38), s. 87, Sch. 3 para. 10(2)(d); extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4

C11 Ss. 198(3), 199(2), 202(3) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2

200 F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F16 S. 200 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

Conversion of highway into footpath or bridleway S

201 Order extinguishing right to use vehicles on highway. S

(1) The provisions of this section shall have effect where a competent authority by resolution adopt a proposal for improving the amenity of part of their area, being a proposal which involves a [F17 road] in that area (being a [F17 road] over which the public have a right of way with vehicles, but not a trunk road or a road classified as a principal road for the purposes of advances under section [F18 3 of the Roads (Scotland) Act 1984]) being changed to a footpath or bridleway

(2) [F19 Subject to section 206 of this Act and to subsection (9) of this section, the competent authority may] by order provide for the extinguishment of any right which persons may have to use vehicles on that [F20 road].

(3) An order made under subsection (2) of this section may include such provision as the [F21 competent authority] (after consultation with the F22 planning authority and the [F23 roads] authority, if different from the competent authority) thinks fit for permitting the use on the [F23 road] of vehicles (whether mechanically propelled or not) in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection; and any such provision may be framed by reference to particular descriptions of vehicles, or to particular persons by whom, or on whose authority, vehicles may be used, or to the circumstances in which, or the times at which, vehicles may be used for particular purposes.

(4) No provision contained in, or having effect under, any enactment, being a provision prohibiting or restricting the use of footpaths or bridleways shall affect any use of a vehicle on a [F24 road] in relation to which an order made under subsection (2) of this section has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3) of this section.

(5) Any person who, at the time of an order under subsection (2) of this section coming into force, has an interest in land having lawful access to a [F24 road] to which the order relates shall be entitled to be compensated by the competent authority in respect of any depreciation in the value of his interest which is directly attributable to the order and of any other loss or damage which is so attributable.

In this subsection “lawful access” means access authorised by planning permission granted under this Act or the Act of 1947, or access in respect of which no such permission is necessary.

(6) A claim for compensation under subsection (5) of this section shall be made to the competent authority within the time and in the manner prescribed by regulations under this Act.

(7) Sections 167 and 168 of this Act shall have effect in relation to compensation under subsection (5) of this section as they have effect in relation to compensation to which those sections apply.

(8) Without prejudice to section 273(3) of this Act, the [F25 competent authority may, subject to section 206 of this Act and to subsection (9) of this section] by order revoke an order made by [F25 them] in relation to a [F24 road] under subsection (2) of this section; and the effect of the order shall be to reinstate any right to use vehicles on the [F24 road], being a right which was extinguished by virtue of the order under that subsection.

(9) The competent authorities for the purposes of this section are [F26 regional, islands and district] councils, and [F27 a competent authority shall not make an order under subsection (2) or (8) of this section—

(a) if they are not the authority exercising district planning functions, without consulting that authority; and

(b) if they are not the [F28 roads] authority, without obtaining the consent of that authority.]

[F29 (10) An order under this section—

(a) may make such provision as appears to the competent authority to be necessary or expedient for the [F30 construction] or improvement of any other [F30 road] (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of section 189A(1) of this Act), and may direct that [F30 the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984];

(b) may contain such incidental and consequential provisions as appear to the competent authority to be necessary or expedient, including in particular—

(i) provision for authorising the competent authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in F31 paragraph (a) of subsection (3) of section 198 of this Act;

(ii) such provision as is mentioned in paragraph (b) of that subsection.

(11) The provisions of this section shall have effect without prejudice to—

(a) any power conferred on the competent authority by any other enactment to authorise the stopping up or diversion of a [F32 road]

(b) the provisions of section 203(1)(b) of this Act.]

Textual Amendments

F17 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(a)(i) (with s. 128(1))

F18 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(a)(ii) (with s. 128(1))

F19 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(a) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F20 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(b) (with s. 128(1))

F21 Words substituted by Local Government (Miscellaneous Provisions (Scotland) Act 1981 (c. 23, Sch. 2 para. 27(1)(b). (2) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F22 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F23 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(c)(i)(ii) (with s. 128(1))

F24 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(d) (with s. 128(1))

F25 Words substituted by Local Government (Miscellaneous Provi sions (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(c), (2) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F26 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 27

F27 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(d), (2) except as regards the operation of s. 20 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F28 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(e) (with s. 128(1))

F29 S. 201(10)(11) substituted for s. 201(1) by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 27(1)(e), (2) except as regards the operation of s. 201 in relation to an extinguishment for which application was, before 11.6.1981, made to the Secretary of State under s. 201(2)

F30 Word(s) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(f)(i) (with s. 128(1))

F31 Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(10)(f)(ii), Sch. 11 (with s. 128(1))

F32 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(10)(g) (with s. 128(1))

202 Provision of amenity for highway reserved to pedestrians. S

(1) Where in relation to a [F33 road] an order has been made under section 201(2) of this Act, a competent authority may carry out and maintain any such works on or in the [F33 road], or place on or in it any such objects or structures, as appear to them to be expedient for the purposes of giving effect to the order or of enhancing the amenity of the [F33 road] and its immediate surroundings or to be otherwise desirable for a purpose beneficial to the public.

(2) The powers exercisable by a competent authority under this section shall extend to laying out any part of the [F33 road] with lawns, trees, shrubs and flower-beds and to providing facilities for recreation or refreshment.

(3) A competent authority may so exercise their powers under this section as to restrict the access of the public to any part of the [F33 road], but shall not so exercise them as—

(a) to prevent persons from entering the [F33 road] at any place where they could enter it before the order under section 201 of this Act was made; or

(b) to prevent the passage of the public along the [F33 road]; or

(c) to prevent normal access by pedestrians to premises adjoining the [F33 road]; or

(d) to prevent any use of vehicles which is permitted by an order made under the said section 201 and applying to the [F33 road]; or

(e) to prevent statutory undertakers from having access to any works of theirs under, in, on, over, along or across the [F33 road]; [F34 or

(f) to prevent the operator of any telecommunications code system from having access to any works of his under, in, on, over, along or across the [F33 road].]

(4) An order under section 201(8) of this Act may make provision requiring the removal of any obstruction of the [F33 road] resulting from the exercise by a competent authority of their powers under this section.

(5) The competent authorities for the purposes of this section are [F35 regional, islands and district] councils, but such an authority shall not exercise any powers conferred by this section unless they have obtained the consent of the F36 planning authority [F37 exercising district planning functions] and the [F38 roads] authority (in a case where they are themselves not that authority).

Textual Amendments

F33 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(11)(a) (with s. 128(1))

F34 S. 201(3)(f) and the word “or” immediately preceeding that paragraph inserted by Telecommunications Act 1984 (c. 12, SIF 96), Sch. 4 para. 54(7), Sch. 5 para. 45

F35 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 28

F36 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F37 Words inserted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 28

F38 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(11)(b) (with s. 128(1))

Modifications etc. (not altering text)

C12 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C13 S. 202(3), 205, 211, 212, 214–230, 233(7), 242, 266(6)(b), 275(2), Sch. 8, Sch. 17 paras. 1–3 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxiii) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C14 S. 202(3) extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4; amended by British Telecommunications Act 1981 (c. 38), Sch. 3 para. 10(2)(d)

C15 Ss. 198(3), 199(2), 202(3) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xix); S.I. 1996/218, art. 2

Extinguishment of rights of way S

203 Extinguishment of public rights of way over land held for planning purposes. S

(1) Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated—

(a) the Secretary of State may by order extinguish any public right of way over the land if he is satisfied that an alternative right of way has been or will be provided or that the provision of an alternative right of way is not required;

(b) subject to section 206 of this Act, the local authority may by order extinguish any such right over the land F39 if they are satisfied as aforesaid.

(2) In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 122(1) of this Act as if this section were in Part VI of this Act.

Textual Amendments

F39 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

Procedure for making and confirming orders S

204 Procedure for making of orders by Secretary of State. S

(1) Before making an order under section 198, F40 F41 or 203(1)(a) of this Act the Secretary of State shall publish in at least one local newspaper circulating in the relevant area, and in the Edinburgh Gazette, a notice—

(a) stating the general effect of the order;

(b) specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of twenty-eight days from the date of the publication of the notice; and

(c) stating that, within that period, any person may by notice to the Secretary of State object to the making of the order.

(2) Not later than the date on which that notice is so published, the Secretary of State—

(a) shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan, on every local authority in whose area any [F42 road] or, as the case may be, any land to which the order relates is situated, and on any water, hydraulic power, gas or electricity undertakers having any cables, mains, pipes or wires laid along, across, under or over any [F42 road] to be stopped up or diverted or, as the case may be, any land over which a right of way is to be extinguished, under the order; and

(b) shall cause a copy of the notice to be displayed in a prominent position at the ends of so much of any [F42 road] as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.

(3) If before the end of the said period of twenty-eight days an objection is received by the Secretary of State from any local authority or undertakers on whom a notice is required to be served under subsection (2) of this section, or from any other person appearing to him to be affected by the order, and the objection is not withdrawn, the Secretary of State shall cause a local inquiry to be held:

Provided that, if the objection is made by a person other than such a local authority or undertakers, the Secretary of State may dispense with such an inquiry if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.

(4) After considering any objections to the order which are not withdrawn, and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State (subject to subsection (5) of this section) may make the order either without modification or subject to such modifications as he thinks fit.

(5) Where the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 198(3)(a) of this Act, and objection to that provision is duly made, in accordance with subsection (3) of this section, by an authority or person who would be required thereby to make such a payment, repayment or contribution, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure.

(6) Immediately after the order has been made, the Secretary of State shall publish, in the manner specified in subsection (1) of this section, a notice stating that the order has been made, and naming a place where a copy of the order may be seen at all reasonable hours; and the provisions of subsection (2) of this section shall have effect in relation to any such notice as they have effect in relation to a notice under subsection (1) of this section.

(7) In this section “the relevant area”, in relation to an order, means the area in which any [F42 road] or land to which the order relates is situated F43

Textual Amendments

F40 Figure repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

F41 Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4

F42 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(12) (with s. 128(1))

F43 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications etc. (not altering text)

C16 S. 204 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 2(8)(9) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C17 S. 204(2)(a) amended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(2)(d) (with Sch. 8 para. 33)

S. 204(2)(a) amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(e); S.I. 1996/218, art. 2

205 Procedure in anticipation of planning permission, etc. S

(1) Where the Secretary of State would, if planning permission for any development had been granted under Part III of this Act, have power to make an order under section 198 F44 of this Act authorising the stopping-up or diversion of a [F45 road] in order to enable that development to be carried out, then, notwithstanding that such permission has not been granted, the Secretary of State may, in the circumstances specified in subsections (2) to (4) of this section, publish notice of the draft of such an order in accordance with section 204 of this Act.

(2) The Secretary of State may publish such a notice as aforesaid where the relevant development is the subject of an application for planning permission and either—

(a) that application is made by a local authority or statutory undertakers or the [F46 British Coal Corporation]; or

(b) that application stands referred to the Secretary of State in pursuance of a direction under section 32 of this Act; or

(c) the applicant has appealed to the Secretary of State under section 33 of this Act against a refusal of planning permission or of approval required under a development order, or against a condition of any such permission or approval.

(3) The Secretary of State may publish such a notice as aforesaid where—

(a) the relevant development is to be carried out by a local authority [F47 or], statutory undertakers F48 and requires, by virtue of an enactment, the authorisation of a government department; and

(b) the developers have made application to the department for that authorisation and also requested a direction under section 37 of this Act F48 , that planning permission be deemed to be granted for that development.

(4) The Secretary of State may publish such a notice as aforesaid where the F49 planning authority certify that they have begun to take such steps, in accordance with regulations made by virtue of section 256 of this Act, as are requisite in order to enable them to obtain planning permission for the relevant development.

(5) Section [F50 204(4)] of this Act shall not be construed as authorising the Secretary of State to make an order under section 198 F51 of this Act of which notice has been published by virtue of subsection (1) of this section until planning permission is granted for the development which occasions the making of the order.

Textual Amendments

F44 Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

F45 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(13) (with s. 128(1))

F46 Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 20

F47 Word inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 48

F48 Words repealed by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 39(4), Sch. 12 Pt. II

F49 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F50 Figure substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 49

F51 Word(s) repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

Modifications etc. (not altering text)

C18 S. 108(2), 117–119, 121, 138, 154(3), 170–172, 175, 181, 195(6), 198(3), 199(2), 202(3), 205, 211, 212, 214, 216–230, 233(7), 242, 259, 266(6)(b), 275(2), Sch. 8, Sch. 17 para. 1–3, Sch. 18 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxv) (with Sch. 8 para. 33)

C19 S. 202(3), 205, 211, 212, 214–230, 233(7), 242, 266(6)(b), 275(2), Sch. 8, Sch. 17 paras. 1–3 amended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxiii) (with s. 112(3), Sch. 17 paras. 33, 35(1))

C20 S. 205 extended by Civil Aviation Act 1982 (c. 16), Sch. 2 para. 4

[F52 205A Further procedure in anticipation of planning permission etc. S

(1) Where—

(a) a planning authority would, if planning permission for any development had been granted under Part III of this Act, have power to make an order under section 198A of this Act authorising the stopping-up or diversion of a [F53 road] in order to enable that development to be carried out; F54

(b)

F54 then, notwithstanding that such permission has not been granted, the F55 authority may, in the circumstances specified in subsections (2) to (4) of this section, publish notice of the draft of such an order in accordance with the provisions of Schedule 18 to this Act; but nothing in the said schedule shall be construed as authorising the F55 authority to make the order in anticipation of such permission.

(2) The F55 authority may publish such a notice as aforesaid where the F55 development is the subject of an application for planning permission.

(3) The F55 authority may publish such a notice as aforesaid where—

(a) the F55 development is to be carried out by a local authority [F56 or], statutory undertakers F57 and requires, by virtue of an enactment, the authorisation of a government department; and

(b) the developers have made an application to the department for that authorisation and also requested a direction under section 37 of this Act, F57 , that planning permission be deemed to be granted for that development.

(4) The planning authority may publish such a notice as aforesaid where they have begun to take such steps, in accordance with regulations made by virtue of section 256 of this Act, as are requisite in order to enable them to obtain planning permission for the F55 development.

(5)F58 ]

Textual Amendments

F52 S. 205A added by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 16

F53 In s. 205A(1)(a) (in the amending Act referred to as s. 205(1)(a)) word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(14) (with s. 128(1))

F54 S. 205(1)(b) and the word “or” immediately preceeding it repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

F55 Word(s) repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

F56 Word inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 48

F57 Words repealed by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 39(4), Sch. 12 Pt. II

F58 S. 205A(5) repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

[F59 206 Confirmation of orders made by other authorities. S

(1) An order made under section 198A or 199 of this Act by a planning authority F60 , section 201 thereof by a competent authority or section 203(1)(b) thereof by a local authority, shall not take effect unless confirmed—

(a) by the Secretry of State in a case where the order is opposed;

(b) in any other case by the authority making the order.]

(2) The Secretary of State shall not confirm any such order unless satisfied as to every matter of which the authority making the order are required under section [F61 198A F60 ] 199 or 203(1)(b) (as the case may be) to be satisfied.

(3) The time specified—

(a) in an order under section 199 as the time from which a footpath or bridleway is to be stopped up or diverted; or

[F62 (aa) in an order under section 198A F60 as the time from which a [F63 road] is to be stopped up or diverted; or

(ab) in an order under section 201 as the time from which a right is to be extinguished; or]

(b) in an order under section 203(1)(b) as the time from which a right of way is to be extinguished,

shall not be earlier than confirmation of the order.

(4) Schedule 18 to this Act shall have effect with respect to the confirmation of orders under section [F64 198A, 199, F60 , 201] or 203(1)(b) of this Act and the publicity for such orders after they are confirmed. [F65 The Schedule has no application as regards orders made by the Secretary of State.]

Textual Amendments

F59 S. 206(1) substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 17(a)

F60 Word(s) repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

F61 Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 17(b)

F62 S. 206(3)(aa), (ab) inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 17(c)

F63 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(15) (with s. 128(1))

F64 Words substituted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 17(d)(i)

F65 Words added by Local Government (Miscellaneous Provi sions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 17(d)(ii)

Supplementary provisions S

207 F66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F66 S. 207 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

208 Concurrent proceedings in connection with highways. S

(1) In relation to orders under sections 198, [F67 198A,] and 201 of this Act, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section [F68 104(1)(b)(i) of the Roads (Scotland) Act 1984] may be taken concurrently with any proceedings required to be taken for the purposes of the order.

(2) In relation to orders under section 203(1)(a) [F67 or (b)] of this Act, regulations made under this Act may make provision for securing—

(a) that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or

(b) that any proceedings required to be taken for the purposes of the acquisition of any other land under section [F69 104(1)(b)(ii) of the Roads (Scotland) Act 1984] may be taken concurrently with either or both of the proceedings referred to in the preceding paragraph.

Textual Amendments

F67 Words inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 3 para. 19

F68 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(16)(a) (with s. 128(1))

F69 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(16)(b) (with s. 128(1))

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

210 F74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F74 S. 210 repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

[F75 210A Recovery of costs of making orders relating to roads, paths etc. S

(1) Where, after the coming into force of this section, a person requests a local authority to make an order to which this subsection applies, the local authority may require him, as a condition of their compliance with the request, to make such provision as they consider reasonable as regards any costs to be incurred by them in so complying.

(2) The orders to which subsection (1) above applies are orders under any of the following enactments—

(a) section 198A of this Act (orders authorising the stopping up or diversion of certain [F76 roads]);

(b) section 199 of this Act (orders authorising the stopping up or diversion of footpaths or bridleways);

(c)

F77 (d) section 201 of this Act (orders extinguishing the right to use vehicles on a [F78 road]);

(e)

F77 (f) section 34 of the M4 Countryside (Scotland) Act 1967 (orders as regards the closure of public paths); and

(g) section 35 of the said Act of 1967 (orders as regards the diversion of public paths).]

Textual Amendments

F75 S. 210A inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 45

F76 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(18)(a) (with s. 128(1))

F77 S. 210A(2)(c)(e) repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11 (with s. 128(1))

F78 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(18)(b) (with s. 128(1))

Marginal Citations

M4 1967 c. 86.