Land Powers (Defence) Act 1958

8 Stopping up and diversion of highways

(1) The powers conferred on the Minister of Transport .and Civil Aviation by section forty-nine of the Town and Country Planning Act, 1947 (which empowers that Minister to authorise by order the stopping up or diversion of a highway where he is satisfied that it is necessary to do so to enable land to be developed) shall also be exercisable where—

(a) land is, or is to be, used by a Secretary of State, the Admiralty or the Minister of Supply for the purposes of an installation provided or to be provided for defence purposes, or is used by a manufacturer of aircraft as an airfield wholly or mainly in connection with the manufacture of aircraft for defence purposes; and

(b) the Minister of Transport and Civil Aviation is satisfied that, for the land to be so used efficiently without danger to the public, it is necessary that a highway should be stopped up or diverted.

(2) Where, in the circumstances specified in paragraphs (a) and (b) of the foregoing subsection, it appears to the Minister of Transport and Civil Aviation that it is not necessary that the highway should be stopped up or diverted for more than a limited period, an order under the said section forty-nine, including an order made by virtue of subsection (7) of that section (which authorises the stopping up or diversion of a highway temporarily stopped up or diverted under any other enactment) instead of providing for the permanent stopping up or diversion of the highway may provide for its stopping up or diversion during such period as may be prescribed by or under the order and for its restoration at the expiration of that period:

Provided that, for the purposes of any subsequent order by virtue of the said subsection (7), any order made by virtue of the foregoing provisions of this subsection shall be regarded as having been made otherwise than under the said section forty-nine.

(3) Any order made by virtue of the last foregoing subsection which provides for the provision of another highway in substitution for a highway stopped up by the order may also contain such provisions as appear to the Minister of Transport and Civil Aviation to be expedient for the stopping up, at the expiration of the period prescribed by or under the order, of that other highway and for the original highway to be reconstructed at the expense of such of the Ministers referred to in paragraph (a) of subsection (1) of this section as may be specified in the order and thereafter maintained by any person who would for the time being have been liable for its maintenance if it had never been stopped up.

(4) For the purposes of the making of any order under the said section forty-nine—

(a) by virtue of subsection (1) or (2) of this section; or

(b) by virtue of subsection (7) of the said section forty-nine for the permanent stopping up or diversion of a highway temporarily stopped up or diverted by virtue of the said subsection (2),

the Sixth Schedule to the said Act of 1947 (which relates to the procedure to be followed in connection with the making of orders under that section) shall have effect as if—

(i) in sub-paragraph (b) of paragraph 1 of that Schedule (which requires a copy of the draft order and of any relevant map or plan to be available for inspection during a period of three months); and

(ii) in paragraph 4 of that Schedule (which relates to procedure where an objection is received before the end of that period),

for the words " three months " there were substituted the words " thirty days ".

(5) In the application of this section to Scotland, for references to the Minister of Transport and Civil Aviation, to the Town and Country Planning Act, 1947, and to section forty-nine of that Act there shall be substituted respectively references to the Secretary of State, to the Town and Country Planning (Scotland) Act, 1947, and to section forty-six of that Act.

(6) In the application of this Act to Northern Ireland, the provisions of the Third Schedule to this Act shall have effect in lieu of the foregoing provisions of this section.