Planning Act 2008

144 Highways E+W

(1) An order granting development consent may include provision authorising the charging of tolls in relation to a highway only if a request to that effect has been included in the application for the order.

(2) If an order granting development consent includes provision authorising the charging of tolls in relation to a highway, the order is treated as a toll order for the purposes of sections 7 to 18 of the New Roads and Street Works Act 1991 (c. 22).

[F1 (2A) Subsection (2) does not apply to an order that includes provision authorising other charges in respect of the use or keeping of motor vehicles on roads.

(2B) In subsection (2A)—

• “motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exceptions: certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;

• “road” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984.]

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 144(2A)(2B) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 27(2), 35(1); S.I. 2013/1124, art. 9 (with arts. 10, 11)

F2 S. 144(3) omitted (25.6.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 27(3), 35(1); S.I. 2013/1124, art. 9 (with arts. 10, 11)

Commencement Information

I1 S. 144 in force at 1.3.2010 by S.I. 2010/101, art. 4(e) (with art. 6)