Town and Country Planning Act 1990

248 Highways crossing or entering route of proposed new highway, etc. E+W

(1) This section applies where—

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

(b) 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.

(2) Where this section applies [F1 and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is outside Greater London], if it appears to the Secretary of State expedient to do so—

(a) in the interests of the safety of users of the main highway; or

(b) to facilitate the movement of traffic on the main highway,

he may by order authorise the stopping up or diversion of the other highway.

[F2 (2A) Where this section applies and the place where the other highway crosses or enters the route of the main highway or is otherwise affected is within a London borough, if it appears to the council of that borough expedient to do so—

(a) in the interests of the safety of users of the main highway; or

(b) to facilitate the movement of traffic on the main highway,

it may by order authorise the stopping up or diversion of the other highway.]

(3) Subsections (2) [F3 and (2B)] to (6) of section 247 shall apply to an order under this section as they apply to an order under that section, taking the reference in [F4 subsections (2) and (2B)] of that section to any other highway as a reference to any highway other than that which is stopped up or diverted under this section and the references in subsection (3) to a highway provided or improved by virtue of an order under that section as including a reference to the main highway.

Textual Amendments

F1 Words in s. 248(2) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 4(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F2 S. 248(2A) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 4(3) (with Sch. 12 para. 9(1));S.I.2000/801, art. 2(2)(c), Sch.

F3 Words in s. 248(3) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 4(4)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

F4 Words in s. 248(3) substituted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 4(4)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.