Part X Highways

Orders by other authorities

C1C2257 Footpaths F1, bridleways and restricted byways affected by development: orders by other authorities.

1

Subject to section 259, a competent authority may by order authorise the stopping up or diversion of any footpath F2, bridleway or restricted byway if they are 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 F3or section 293A , or

b

by a government department.

2

An order under this section may, if the competent authority are satisfied that it should do so, provide—

a

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;

b

for authorising or requiring works to be carried out in relation to any footpath F2, bridleway or restricted byway for whose stopping up or diversion, creation or improvement provision is made by the order;

c

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 F2, bridleway or restricted byway;

d

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

3

An order may be made under this section authorising the stopping up or diversion of a footpath F2, bridleway or restricted byway which is temporarily stopped up or diverted under any other enactment.

4

In this section “competent authority” means—

a

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, who would have had power to grant it; and

b

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.