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Highways Act 1980

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Changes over time for: Section 121C

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Point in time view as at 04/11/2024. This version of this provision is prospective. Help about Status

Changes to legislation:

Highways Act 1980, Section 121C is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Prospective

[F1121C Cases where council may decline to determine applications.E+W

(1)A council may decline to determine an application under section 118ZA, 118C, 119ZA or 119C above if, within the period of three years ending with the date on which the application is received, the Secretary of State—

(a)has refused to make an order on an appeal under section 121D(1)(a) below in respect of a similar application, or

(b)has refused to confirm an order which is similar to the order requested.

(2)Before declining under subsection (1) above to determine an application under section 118C or 119C above, the council shall consider whether since the previous decision of the Secretary of State was made the risks referred to in subsection (1)(b)(i) to (iv) of section 118B or of section 119B have substantially increased.

(3)A council may decline to determine an application under section 118ZA, 118C, 119ZA or 119C above if—

(a)in respect of an application previously made to them under that section which is similar to the current application or relates to any of the land to which the current application relates, the council have not yet determined whether to make a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order, or

(b)the council have made a similar order or an order which relates to any of the land to which the current application relates but no final decision as to the confirmation of the order has been taken.

(4)For the purposes of this section an application or order is similar to a later application or order only if they are, in the opinion of the council determining the later application, the same or substantially the same, but an application or order may be the same or substantially the same as a later application or order even though it is made to or by a different council.]

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