5(1)The Secretary of State may include in a development order such provisions as he thinks fit enabling a local highway authority to impose restrictions on the grant by the local planning authority of planning permission for the following descriptions of development relating to land in the area of the local highway authority—E+W
(a)the formation, laying out or alteration of any means of access to a road classified under section 12(3) of the M1Highways Act 1980 or section 27 of the M2Local Government Act 1966 or to a proposed road the route of which has been adopted by resolution of the local highway authority and notified as such to the local planning authority;
(b)any other operations or use of land which appear to the local highway authority to be likely to result in a material increase in the volume of traffic entering or leaving such a classified or proposed road, to prejudice the improvement or construction of such a road or to result in a material change in the character of traffic entering, leaving or using such a road.
[F1(2)The reference to a local planning authority in sub-paragraph (1) is to be construed as including neither—
(a)a reference to an urban development corporation who are the local planning authority by virtue of an order under section 149 of the Local Government, Planning and Land Act 1980, nor
(b)a reference to a Mayoral development corporation which is the local planning authority by virtue of an order under section 198(2) of the Localism Act 2011,
and no provision of a development order which is included in it by virtue of that sub-paragraph is to be construed as applying to such a corporation.]
(3)The Secretary of State may include in a development order provision enabling a local highway authority to impose restrictions on the grant by an urban development corporation who are the local planning authority [F2, or by a Mayoral development corporation which is the local planning authority,] of planning permission for such descriptions of development as may be specified in the order.
Textual Amendments
F1Sch. 1 para. 5(2) substituted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 36(2)
F2Words in Sch. 1 para. 5(3) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 36(3)
Marginal Citations