Town and Country Planning Act 1990

256 Telecommunication apparatus: orders by Secretary of State. E+W

(1) Where—

(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

(b) immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system,

the operator of that system shall have the same powers in respect of the apparatus as if the order had not come into force.

(2) Notwithstanding subsection (1), any person entitled to land over which the highway subsisted shall be entitled to require the alteration of the apparatus.

(3) Where—

(a) any such order provides for the improvement of a highway, other than a trunk road, and

(b) immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system,

the local highway authority shall be entitled to require the alteration of the apparatus.

(4) Subsection (3) does not have effect so far as it relates to the alteration of any apparatus for the purpose of authority’s works as defined in Part II of the M1 Public Utilities Street Works Act 1950.

(5) Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.

(6) Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

Marginal Citations

M1 1950 c. 39.