Town and Country Planning (Scotland) Act 1969

93 Powers for local planning authorities analogous to s. 46 of Act of 1947

(1) Subject to section 95 below, a local planning authority may by order authorise the stopping up or diversion of any footpath or bridleway 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 II of the Act of 1947 or the enactments replaced by that Part of the Act; or

(b) by a government department.

(2) An order under this section may, if the local planning authority are satisfied that it should do so, provide—

(a) for the creation of an alternative footpath or bridleway 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 path or way for such use ;

(b) for authorising or requiring works to be carried out in relation to any footpath or bridleway 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 apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath or bridleway ;

(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) The powers of a local planning authority under this section shall include power to make an order authorising the stopping-up or diversion of a footpath or bridleway which is temporarily stopped up or diverted under any other enactment.

(4) Section 32(1) and (2) of the [1951 c. 60.] Mineral Workings Act 1951 (temporary order for stopping-up or diversion of highway) shall apply to an order made by a local planning authority under this section as it applies to an order made by the Secretary of State under section 46 of the Act of 1947, with the substitution—

(a) for references to the Secretary of State of references to a local planning authority ; and

(b) for the reference in subsection (2) to section 46(4) of the Act of 1947 of a reference to subsection (2) of this section.