Local Government, Planning and Land Act 1980

5 In section 2 of the [1971 c. 41.] Highways Act 1971 (stopping up private access to premises)

(a) the words " appropriate Minister " shall be substituted for the words " Secretary of State " —

(i) in each place where they occur in subsection (2),

(ii) in the first place where they occur in subsection (3);

(b) the following paragraphs shall be substituted for subsection (3)(c):

“(c) for objections to the making of an order by the appropriate Minister received within such period as may be so prescribed and not withdrawn to be considered by him;

(ca) for objections to the confirmation of an order made by a local highway authority to be considered by the appropriate Minister if any of the objections to the confirmation of the order received within such period as may be so prescribed and not withdrawn was made by an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up ;

(cb) for objections to the confirmation of an order made by a local highway authority received within such period as may be so prescribed and not withdrawn to be considered by the local highway authority if there is no objection received within that period from an owner, lessee or occupier such as is mentioned in paragraph (ca) above or if all such objections so received are withdrawn before the order is referred to the appropriate Minister for confirmation;”; and

(c) the following subsections shall be substituted for subsection (4):

“(4) In the case of an order made by a local highway authority under this section—

(a) if no objection to the confirmation of the order is received within the period prescribed by regulations under subsection (3) above ; or

(b) if every such objection so received is withdrawn ; or

(c) if every such objection so received from an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up is withdrawn, the local highway authority may themselves confirm the order, with or without modifications.

(5) Before confirming an order with modifications the local highway authority, if they consider that the proposed modifications will make a substantial change in the order, shall inform every such owner, lessee or occupier as is mentioned in subsection (4) (c) above and every other person who appears to them to be likely to be affected by the modifications to the order—

(a) of their intention to make the order; and

(b) of the form in which they propose to make it.

(6) The local highway authority shall give every such person as is mentioned in subsection (5) above an opportunity to make representation with regard to the order, and shall consider any representations with regard to it which any such person makes.

(7) In this section, " the appropriate Minister " means, in relation to England, the Minister of Transport and, in relation to Wales, the Secretary of State.”