Town and Country Planning (Scotland) Act 1969

91 Conversion of highway into footpath or bridleway

(1) The provisions of this section shall have effect where a competent authority by resolution adopt a proposal for improving the amenity of part of their area, being a proposal which involves a highway in that area (being a highway over which the public have a right of way with vehicles, but not a trunk road or a road classified as a principal road for the purpose of advances under section 8 of the [1909 c. 47.] Development and Road Improvement Funds Act 1909) being changed to a footpath or bridleway.

(2) The Secretary of State may, on an application made by a competent authority, by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.

(3) An order made under subsection (2) of this section may include such provision as the Secretary of State (after consultation with the local planning authority and the highway authority, if different from the competent authority) thinks fit for permitting the use on the highway of vehicles (whether mechanically propelled or not), in such cases as may be specified in the order, notwithstanding the extinguishment of any such right as is mentioned in that subsection ; and any such provision may be framed by reference to particular descriptions of vehicles, or to particular persons by whom, or on whose authority, vehicles may be used, or to the circumstances in which, or the times at which, vehicles may be used for particular purposes.

(4) No statutory provision prohibiting or restricting the use of footpaths or bridleways shall affect any use of a vehicle on a highway in relation to which an order made under subsection (2) above has effect, where the use is permitted in accordance with provisions of the order included by virtue of subsection (3) above.

(5) Any person who, at the time of an order under subsection (2) of this section coming into force, has an interest in land having lawful access to a highway to which the order relates shall be entitled to be compensated by the competent authority in respect of any depreciation in the value of his interest which is directly attributable to the order and of any other loss or damage which is so attributable.

In this subsection " lawful access " means access authorised by planning permission granted under the Act of 1947, or access in respect of which no such permission is necessary.

(6) A claim for compensation under subsection (5) above shall be made to the competent authority within the time and in the manner prescribed by regulations under the Act of 1947.

(7) Subsections (3) to (5) of section 22 of the Act of 1945, subsections (2) to (5) of section 46, subsections (2) to (4) of section 111 of the Act of 1947 and Schedule 6 to that Act (ancillary provisions, provisions as to compulsory acquisition of land in connection with highways and provisions as to telegraph lines) shall apply in relation to an order under this section as they apply in relation to an order under section 46(1) of the Act of 1947.

(8) The Secretary of State may, on an application made by a competent authority, by order revoke an order made by him in relation to a highway under subsection (2) above ; and the effect of the order shall be to reinstate any right to use vehicles on the highway, being a right which was extinguished by virtue of the order under the said subsection.

(9) Subsection (8) above shall not be taken as prejudicing any provision of the Act of 1947 enabling orders to be varied or revoked.

(10) The competent authorities for the purposes of this section are county councils and town councils, and before making an application under subsection (2) or (8) above a competent authority shall consult with the local planning authority and the highway authority (in a case where they are themselves not that authority).

(11) In this section " statutory provision" means a provision contained in, or having effect under, any enactment.