136Public rights of wayE+W+S
(1)An order granting development consent may extinguish a public right of way over land only if the [F1Secretary of State] is satisfied that—
(a)an alternative right of way has been or will be provided, or
(b)the provision of an alternative right of way is not required.
(2)The following provisions of this section apply if—
(a)an order granting development consent makes provision for the acquisition of land, compulsorily or by agreement,
(b)the order extinguishes a public right of way over the land, and
(c)the right of way is not a right enjoyable by vehicular traffic.
(3)The order granting development consent may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.
(4)Subsection (5) applies if—
(a)the order granting development consent extinguishes the right of way from a date (“the extinguishment date”) which is earlier than the date on which the acquisition of the land is completed, and
(b)at any time after the extinguishment date it appears to the [F2Secretary of State] that the proposal to acquire the land has been abandoned.
(5)The [F3Secretary of State] must by order direct that the right is to revive.
F4(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.
Textual Amendments
F1Words in s. 136(1) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 66(2); S.I. 2012/628, art. 7(a)
F2Words in s. 136(4)(b) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 66(3); S.I. 2012/628, art. 7(a)
F3Words in s. 136(5) substituted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 66(3); S.I. 2012/628, art. 7(a)
F4S. 136(6) repealed (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 13 para. 66(4), Sch. 25 Pt. 20; S.I. 2012/628, art. 7
Commencement Information
I1S. 136 in force at 1.3.2010 by S.I. 2010/101, art. 3(g) (with art. 6)