in accordance with planning permission granted under Part III F67or section 293A , or

by a government department.

in accordance with planning permission granted under Part III F67or section 293A , or

by a government department.

that any highway provided or improved by virtue of it shall for the purposes of the M1Highways Act 1980 be a highway maintainable at the public expense;

that the Secretary of State, F84a strategic highways company, or any county council, F5county borough council, metropolitan district council or London borough council specified in the order or, if it is so specified, the Common Council of the City of London, shall be the highway authority for that highway;

in the case of a highway for which the Secretary of State F82or a strategic highways company is to be the highway authority, that the highway shall, on such date as may be specified in the order, become a trunk road within the meaning of the Highways Act 1980.

the Secretary of State,

a strategic highways company,

Transport for London, or

a London borough other than the one whose council is making the order,

provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.

any power conferred on the Secretary of State F8or a London borough by any other enactment to authorise the stopping up or diversion of a highway;

the provisions of Part VI of the M3Acquisition of Land Act 1981; or

the provisions of section 251(1).

planning permission is granted under Part III for constructing or improving, or the Secretary of State F89or a strategic highways company proposes to construct or improve, a highway (“the main highway”); and

another highway crosses or enters the route of the main highway or is, or will be, otherwise affected by the construction or improvement of the main highway.

in the interests of the safety of users of the main highway; or

to facilitate the movement of traffic on the main highway,

in the interests of the safety of users of the main highway; or

to facilitate the movement of traffic on the main highway,

a local planning authority by resolution adopt a proposal for improving the amenity of part of their area, and

the proposal involves the public ceasing to have any right of way with vehicles over a highway in that area, being a highway which is neither a trunk road F13, a GLA road nor a road classified as a principal road.

the public is to cease to have such a right of way at a place within a London borough, and

the conditions mentioned in subsection (2B)(a) or (b) are satisfied,

the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or

another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished.

particular descriptions of vehicles, or

particular persons by whom, or on whose authority, vehicles may be used, or

the circumstances in which, or the times at which, vehicles may be used for particular purposes.

any depreciation in the value of his interest which is directly attributable to the order; and

any other loss or damage which is so attributable.

any compensation to which this section applies which is payable in respect of depreciation of the value of that interest shall be assessed as if the interest were not subject to the mortgage;

a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee (or, if there is more than one mortgagee, to the first mortgagee) and shall in either case be applied by him as if it were proceeds of sale.

that an alternative right of way has been or will be provided; or

that the provision of an alternative right of way is not required.

stating the general effect of the order;

specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (“the publication date”); and

stating that any person may within that period by notice to the Secretary of State F28or, as the case may be, the council of the London borough object to the making of the order.

on every local authority in whose area any highway or, as the case may be, any land to which the order relates is situated, and

on any National Park authority which is the local planning authority for the area in which any highway or, as the case may be, any land to which the order relates is situated, and

on any water, sewerage, hydraulic power or electricity undertakers or F31public gas transporter having any cables, mains, sewers, pipes or wires laid along, across, under or over any highway to be stopped up or diverted, or, as the case may be, any land over which a right of way is proposed to be extinguished, under the order.

subsection (1) has effect as if for “shall” there were substituted “may”;

subsections (2) and (3) apply only if the Welsh Ministers publish a notice under subsection (1).

in a case where the Secretary of State is proposing to make an order, he shall cause a local inquiry to be held unless subsection (5) applies, or

in a case where the council of a London borough is proposing to make an order, it shall notify the Mayor of London of the objections and shall cause a local inquiry to be held unless subsection (5A) applies.

the council of a London borough is proposing to make the order,

the council has under subsection (4)(b) notified the Mayor of London of the objections, and

none of the objections notified is made by such a local authority or undertakers or transporter as are mentioned in that subsection,

they have published a notice under subsection (1)(b),

before the end of the period of 28 days mentioned in subsection (1)(b) they receive an objection from a person mentioned in subsection (2)(a) to (b), or from any other person appearing to them to be affected by the order, and

the objection is not withdrawn.

considering any objections to the order which are not withdrawn, and

the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 247(4)(a); and

objection to that provision is duly made by an authority or person who would be required by it to make such a payment, repayment or contribution; and

the objection is not withdrawn,

the Secretary of State F50or the council of a London borough would, if planning permission for any development had been granted under Part III, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, F113...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Welsh Ministers would, if planning permission for any development had been granted under Part 3, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and

subsection (2), (3) or (4) applies,

that application is made by a local authority F52National Park authority or statutory undertakers F53. . .; or

that application has been made to the Welsh Ministers under section 62D, 62F, 62M or 62O; or

that application stands referred to the F107Welsh Ministers in pursuance of a direction under section 77; or

the applicant has appealed to the F107Welsh Ministers under section 78 against a refusal of planning permission or of approval required under a development order F98or a local development order or against a condition of any such permission or approval.

the relevant development is to be carried out by a local authority F52National Park authority or statutory undertakers and requires, by virtue of an enactment, the authorisation of a government department; and

the developers have made an application to the department for that authorisation and also requested a direction under section 90(1) that planning permission be deemed to be granted for that development.

for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 247, 248 or 249 or for any other purpose for which land is required in connection with the order; or

for the purpose of providing any public right of way which is to be provided as an alternative to a right of way extinguished under an order under section 251.

that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or

that any proceedings required to be taken for the purposes of the acquisition of any other land under section 254 (as mentioned in subsection (1)(b) of that section) may be taken concurrently with either or both of the proceedings referred to in paragraph (a).

in pursuance of an order under section 247, 248 or 249 a highway is stopped up or diverted or, as the case may be, any right to use vehicles on that highway is extinguished; and

immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any F62electronic communications apparatus kept installed for the purposes of F61an electronic communications code network ,

any such order provides for the improvement of a F54highway for which the Secretary of State is not the highway authority, and

immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any F62electronic communications apparatus kept installed for the purposes of F61an electronic communications code network ,the F83... highway authority shall be entitled to require the alteration of the apparatus.

in accordance with planning permission granted under Part III F68or section 293A, or

by a government department.

an application for planning permission in respect of development has been made under Part 3, and

if the application were granted it would be necessary to authorise the stopping up or diversion in order to enable the development to be carried out.

for the creation of an alternative highway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing highway for such use;

for authorising or requiring works to be carried out in relation to any footpath F74, bridleway or restricted byway for whose stopping up or diversion, creation or improvement provision is made by the order;

for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath F74, bridleway or restricted byway;

for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.

in the case of development authorised by a planning permission, the local planning authority who granted the permission or, in the case of a permission granted by the Secretary of State F93or by the Welsh Ministers, who would have had power to grant it; F106...

in the case of development carried out by a government department, the local planning authority who would have had power to grant planning permission on an application in respect of the development in question if such an application had fallen to be made.

in the case of development in respect of which an application for planning permission has been made under Part 3, the local planning authority to whom the application has been made or, in the case of an application made to the Secretary of State under section 62A F104or to the Welsh Ministers under section 62D, 62F, 62M or 62O, the local planning authority to whom the application would otherwise have been made.

that an alternative right of way has been or will be provided; or

that the provision of an alternative right of way is not required.

that planning permission in respect of the development has been granted, and

it is necessary to authorise the stopping up or diversion in order to enable the development to be carried out in accordance with the permission.

in an order under section 257 as the time from which a footpath F77, bridleway or restricted byway is to be stopped up or diverted; or

in an order under section 258 as the time from which a right of way is to be extinguished,

in relation to England, the Secretary of State;

in relation to Wales, the Welsh Ministers.

any order is made by a local authority under section 258(1), or on the application of a local authority under section 251(1), which extinguishes a public right of way; or

any order is made by a competent authority under section 257 which authorises the stopping up or diversion of a footpath F78, bridleway or restricted byway,

shall, notwithstanding the making of the order, be exercisable at any time not later than the end of the period of three months from the date on which the right of way is extinguished or authorised to be stopped up or diverted; and

if before the end of that period the operator of the F66network has given notice to the authority of his intention to remove the apparatus or a part of it, shall be exercisable in respect of the whole or, as the case may be, that part of the apparatus after the end of that period.

that an order made by him F57or, as the case may be, the council under section 247 for the stopping up or diversion of a highway is required for the purpose of enabling minerals to be worked by surface working; and

that the highway can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public,

that an order made by them under that section for the stopping up or diversion of a footpath F79, bridleway or restricted byway is required for the purpose of enabling minerals to be worked by surface working; and

that the footpath F79, bridleway or restricted byway can be restored, after the minerals have been worked, to a condition not substantially less convenient to the public,

for imposing upon persons who, apart from the order, would be subject to any liability with respect to the repair of the original highway during the period prescribed by or under the order a corresponding liability in respect of any highway provided in pursuance of the order;

for the stopping up at the expiry of that period of any highway so provided and for the reconstruction and maintenance of the original highway;

as if for references to land which has been acquired as there mentioned and to the acquiring or appropriating authority there were substituted respectively references to land over which the highway subsisted and to the person entitled to possession of that land; and

as if references in subsection (5) of each of those sections to a local authority or statutory undertakers included references to any person (other than a Minister) who is entitled to possession of that land,