- Latest available (Revised)
- Point in Time (15/10/2020)
- Original (As enacted)
Version Superseded: 26/12/2023
Point in time view as at 15/10/2020. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Town and Country Planning Act 1990, Section 247 is up to date with all changes known to be in force on or before 18 August 2024. 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Secretary of State may by order authorise the stopping up or diversion of any highway [F1outside Greater London] if he is satisfied that it is necessary to do so in order to enable development to be carried out—
(a)in accordance with planning permission granted under Part III [F2or section 293A] , or
(b)by a government department.
(2)Such an order may make such provision as appears to the Secretary of State to be necessary or expedient for the provision or improvement of any other highway [F3outside Greater London].
[F4(2A)The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out—
(a)in accordance with planning permission granted under Part III [F2or section 293A] , or
(b)by a government department.
(2B)Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.]
(3)[F5An order under subsection (1) or (2A)] may direct—
(a)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;
(b)that the Secretary of State, [F6a strategic highways company,] or any county council, [F7county 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;
(c)in the case of a highway for which the Secretary of State [F8or 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.
[F9(3A)An order under subsection (2A) may not provide that—
(a)the Secretary of State,
[F10(aa)a strategic highways company,]
(b)Transport for London, or
(c)a London borough other than the one whose council is making the order,
shall be the highway authority for a highway unless the Secretary of State, [F11the strategic highways company,] Transport for London or the council, as the case may be, so consents.]
(4)An order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State [F12or the council of the London borough] to be necessary or expedient, including in particular—
(a)provision for authorising the Secretary of State [F12or the council of the London borough], or requiring any other authority or person specified in the order—
(i)to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; or
(ii)to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section 1 or 2 of the M2Restriction of Ribbon Development Act 1935 in relation to any highway stopped up or diverted under the order;
(b)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.
(5)An order may be made under this section authorising the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment.
(6)The provisions of this section shall have effect without prejudice to—
(a)any power conferred on the Secretary of State [F13or a London borough] by any other enactment to authorise the stopping up or diversion of a highway;
(b)the provisions of Part VI of the M3Acquisition of Land Act 1981; or
(c)the provisions of section 251(1).
Textual Amendments
F1Words in s. 247(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. 1
F2Words in s. 247(1)(a)(2A)(a) inserted (7.6.2006) by The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006 (S.I. 2006/1281), art. 5(b)
F3Words in s. 247(2) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch
F4S. 247(2A)(2B) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F5Words in s. 247(3) substituted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F6Words in s. 247(3)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 104(2)(a); S.I. 2015/481, reg. 2(a)
F7Words in s. 247(3)(b) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(9) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F8Words in s. 247(3)(c) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 104(2)(b); S.I. 2015/481, reg. 2(a)
F9S. 247(3A) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F10S. 247(3A)(aa) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 104(3)(a); S.I. 2015/481, reg. 2(a)
F11Words in s. 247(3A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 104(3)(b); S.I. 2015/481, reg. 2(a)
F12Words in s. 247(4) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(7) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F13Words in s. 247(6)(a) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(8) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: