(1)Without prejudice to their power to provide a new means of access to any premises when authorised to do so by an order made under any enactment, a highway authority—
(a)who by virtue of an order under section 124 above or an agreement under section 127 above have stopped up a means of access to any premises or propose to do so; or
(b)who consider it necessary or expedient in connection with the construction, improvement or alteration of a highway to provide a new means of access to any premises,
may, subject to subsection (2) below, provide a new means of access to those premises from any highway or proposed highway.
(2)If a highway authority proposing to provide a new means of access under subsection (1) above are not the highway authority for the highway from which the access will be provided or, as the case may be, will not become the highway authority for it on the completion of its construction, they shall not provide the access without the consent of the authority who are, or will become, the highway authority for that highway.
(3)Where a private means of access to any premises is proposed to be stopped up by virtue of section 124 or 125 above and another means of access to those premises from a highway is available or is to be provided, then, in determining for the purposes of section 124 or 125 whether that other means of access is or, as the case may be, will be reasonably convenient the Minister or, in the case of an order under section 124 which [F1any other] highway authority have power to confirm, that authority shall have regard—
(a)to the need, if any, for a means of access from the highway to different places on those premises, and
(b)to any roads, paths or other ways on those or other premises which are or will be capable of providing such a means.
(4)The provision of a new means of access to any premises from a highway under this section or under or by virtue of section 124, 125 or 127 above includes the provision of a road, path or other way on those or any other premises.
Textual Amendments
F1Words in s. 129(3) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 40; S.I. 2015/481, reg. 2(a)