Stopping up of and interference with highwaysE+W
2(1)Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the scheduled works, stop up each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table and any other bridleways or footpaths within the limits of deviation for those works; and on his doing so all rights of way over or along the highway or part so stopped up shall be extinguished.E+W
(2)An existing highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall not be stopped up under this paragraph until the Secretary of State is satisfied that the new highway to be substituted for it which is specified in relation to it, by reference to the letters shown on the deposited plans or by reference to scheduled works, in column (3) of that Part of the table has been completed and is open for public use.
THE TABLE
Part I Highways to be stopped up
| (1) | (2) |
|---|---|
| Area | Length of highway to be stopped up |
| Borough of Thurrock | Cycle track from A2 to A4 |
| Borough of Thurrock | Footpath from B1 to B2 |
| Borough of Thurrock | Footpath from B2 to B3 |
| Borough of Thurrock | Road from C1 to C2 |
| Borough of Thurrock | Road from U1 to U2 |
| Borough of DartfordTown of Dartford | Road from J1 to J2 |
| Borough of DartfordParish of Darenth | Road from R1 to R2 |
Part II Highways to be stopped up and new highways substituted for them
| (1) | (2) | (3) |
|---|---|---|
| Area | Highway or part to be stopped up | New highway to be substituted for it |
| Borough of Thurrock | Cycle track from A1 to A2 to A3 | Work No. 1A |
| Borough of DartfordParish of Stone | Road from E1 to E2 | Work No. 13 |
| Borough of DartfordTown of Dartford | Cycle track from F1 to F2 | Cycle track from F1 to F2 |
| Borough of DartfordTown of Dartford | Cycle track from G1 to G2 | Cycle track from G1 to G2 |
| Borough of DartfordTown of Dartford | Footpath from H1 to H2 | Footpath from H1 to H2 |
| Borough of DartfordTown of Dartford | Road from K1 to K2 | Work No. 7C |
| Borough of DartfordTown of Dartford | Road from L1 to L2 | Work No. 7D |
| Borough of DartfordTown of Dartford | Footpath from M1 to M2 | Footpath from M1 to M2 |
| Borough of DartfordTown of Dartford | Footpath from N1 to N2 | Footpath from N1 to N2 |
| Borough of DartfordTown of Dartford | Footpath from P1 to P2 | Footpath from P1 to P2 |
| Borough of DartfordTown of Dartford and Parish of Darenth | Road from Q1 to Q2 | Work No. 8 |
| Borough of DartfordTown of Dartford and Parish of Darenth | Footpath from S1 to S3, thence southward along the line of footpath DR36 to a point at which that footpath turns westward along the boundary between the lands numbered on the deposited plans 10 and 11 in the Parish of Darenth | Footpath from S1 to S2, thence southward on a straight line within the limit of deviation of Work No. 9C to the point at which that line crosses the line of footpath DR36 |
Note: In the foregoing table the references to the footpath DR36 are to the footpath so numbered on the list of footpaths maintained by the Kent County Council.
(3)No part of any highway shall be stopped up under this paragraph until the Secretary of State is in possession of all lands abutting on both sides of that part of the highway except so far as the owners and occupiers of those lands may otherwise agree.
(4)The two lengths of footpath shown in the deposited plans between the points marked V1 and V2 in the Borough of Thurrock and the points marked W1 and W2 in the Parish of Stone in the Borough of Dartford shall not be stopped up under this paragraph.
(5)Any person who suffers loss by the extinguishment of any private right under this paragraph shall be entitled to compensation to be determined, in case of dispute, under and in accordance with Part I of the M1Land Compensation Act 1961.
Marginal Citations