Housing Act 1985

256 Power to apply for orders extinguishing right to use vehicles on highway.

(1) A local housing authority who have declared a general improvement area may exercise the powers of a local planning authority under section 212 of the [1971 c. 78.] Town and Country Planning Act 1971 (extinguishment of right to use vehicles on certain highways) with respect to a highway in that area notwithstanding that they are not the local planning authority, but subject to the following provisions.

(2) The local housing authority shall not make an application under subsection (2) or (8) of that section (application to Secretary of State to make or revoke order extinguishing right to use vehicles) except with the consent of the local planning authority.

(3) If the local housing authority are not also the highway authority, any such application made by them shall in the first place be sent to the highway authority who shall transmit it to the Secretary of State.

(4) Where an order under subsection (2) of that section (order extinguishing right to use vehicles) has been made on an application made by a local housing authority by virtue of this section—

(a) any compensation under subsection (5) of that section (compensation for loss of access to highway) is payable by them instead of by the local planning authority, and

(b) they may exercise their powers as the competent authority under section 213 of that Act (provision of amenities for highway reserved to pedestrians) without the consent to the local planning authority.