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Part XE+W Highways

Orders made by Secretary of StateE+W

247 Highways affected by development: orders by Secretary of State.E+W

(1)The Secretary of State may by order authorise the stopping up or diversion of any highway if he is 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 III, or

(b)by a government department.

(2)Such an order may make such provision as appears to the Secretary of State to be necessary or expedient for the provision or improvement of any other highway.

(3)Such an order may direct—

(a)that any highway provided or improved by virtue of it shall for the purposes of the M1Highways Act 1980 be a highway maintainable at the public expense;

(b)that the Secretary of State, or any county council, metropolitan district council or London borough council specified in the order or, if it is so specified, the Common Council of the City of London, shall be the highway authority for that highway;

(c)in the case of a highway for which the Secretary of State is to be the highway authority, that the highway shall, on such date as may be specified in the order, become a trunk road within the meaning of the Highways Act 1980.

(4)An order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State to be necessary or expedient, including in particular—

(a)provision for authorising the Secretary of State, or requiring any other authority or person specified in the order—

(i)to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; or

(ii)to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section 1 or 2 of the M2Restriction of Ribbon Development Act 1935 in relation to any highway stopped up or diverted under the order;

(b)provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.

(5)An order may be made under this section authorising the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment.

(6)The provisions of this section shall have effect without prejudice to—

(a)any power conferred on the Secretary of State by any other enactment to authorise the stopping up or diversion of a highway;

(b)the provisions of Part VI of the M3Acquisition of Land Act 1981; or

(c)the provisions of section 251(1).

Marginal Citations

248 Highways crossing or entering route of proposed new highway, etc.E+W

(1)This section applies where—

(a)planning permission is granted under Part III for constructing or improving, or the Secretary of State proposes to construct or improve, a highway (“the main highway”); and

(b)another highway crosses or enters the route of the main highway or is, or will be, otherwise affected by the construction or improvement of the main highway.

(2)Where this section applies, if it appears to the Secretary of State expedient to do so—

(a)in the interests of the safety of users of the main highway; or

(b)to facilitate the movement of traffic on the main highway,

he may by order authorise the stopping up or diversion of the other highway.

(3)Subsections (2) to (6) of section 247 shall apply to an order under this section as they apply to an order under that section, taking the reference in subsection (2) of that section to any other highway as a reference to any highway other than that which is stopped up or diverted under this section and the references in subsection (3) to a highway provided or improved by virtue of an order under that section as including a reference to the main highway.

249 Order extinguishing right to use vehicles on highway. E+W

(1)This section applies where—

(a)a local planning authority by resolution adopt a proposal for improving the amenity of part of their area, and

(b)the proposal involves the public ceasing to have any right of way with vehicles over a highway in that area, being a highway which is neither a trunk road nor a road classified as a principal road.

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

(3)An order under subsection (2) may include such provision as the Secretary of State (after consultation with every authority who are a local planning authority for the area in question and the highway 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.

(4)Such provision as is mentioned in subsection (3) may be framed by reference to—

(a)particular descriptions of vehicles, or

(b)particular persons by whom, or on whose authority, vehicles may be used, or

(c)the circumstances in which, or the times at which, vehicles may be used for particular purposes.

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

(6)If any authority who are a local planning authority for the area in which a highway to which an order under subsection (2) relates is situated apply to the Secretary of State in that behalf, he may by order revoke that order, and, if he does so, any right to use vehicles on the highway in relation to which the order was made which was extinguished by virtue of the order under that subsection shall be reinstated.

(7)Such an order as is mentioned in subsection (6) may make provision requiring the removal of any obstruction of a highway resulting from the exercise of powers under Part VIIA of the M4Highways Act 1980.

(8)Before making an application under subsection (2) or (6) the local planning authority shall consult with the highway authority (if different) and any other authority who are a local planning authority for the area in question.

(9)Subsections (2), (3), (4) and (6) of section 247 shall apply to an order under this section as they apply to an order under that section.

Modifications etc. (not altering text)

C2S. 249: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3

Marginal Citations

250 Compensation for orders under s. 249.E+W

(1)Any person who, at the time of an order under section 249(2) 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 local planning authority on whose application the order was made in respect of—

(a)any depreciation in the value of his interest which is directly attributable to the order; and

(b)any other loss or damage which is so attributable.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A claim for compensation under this section shall be made to the local planning authority on whose application the order was made within the prescribed time and in the prescribed manner.

(4)For the purpose of assessing any such compensation the rules set out in section 5 of the M5Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(5)Where an interest in land is subject to a mortgage—

(a)any compensation to which this section applies which is payable in respect of depreciation of the value of that interest shall be assessed as if the interest were not subject to the mortgage;

(b)a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;

(c)no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and

(d)any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee (or, if there is more than one mortgagee, to the first mortgagee) and shall in either case be applied by him as if it were proceeds of sale.

(6)Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under this section shall be referred to and determined by the Lands Tribunal.

(7)In relation to the determination of any such question, the provisions of sections 2 and 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.

Textual Amendments

Modifications etc. (not altering text)

C3S. 250: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3

Marginal Citations

251 Extinguishment of public rights of way over land held for planning purposes.E+W

(1)Where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, the Secretary of State may by order extinguish any public right of way over the land if he is satisfied—

(a)that an alternative right of way has been or will be provided; or

(b)that the provision of an alternative right of way is not required.

(2)In this section any reference to the acquisition or appropriation of land for planning purposes shall be construed in accordance with section 246(1) as if this section were in Part IX.

(3)Subsection (1) shall also apply (with the substitution of a reference to the Broads Authority for the reference to the local authority) in relation to any land within the Broads which is held by the Broads Authority and which was acquired by, or vested in, the Authority for any purpose connected with the discharge of any of its functions.

Modifications etc. (not altering text)

C5S. 251 restricted (17.7.1992) by S.I. 1992/1492, reg. 15(5)

S. 251: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3

252 Procedure for making of orders.E+W

(1)Before making an order under section 247, 248, 249 or 251 the Secretary of State shall publish in at least one local newspaper circulating in the relevant area, and in the London Gazette, a notice—

(a)stating the general effect of the order;

(b)specifying a place in the relevant area where a copy of the draft order and of any relevant map or plan may be inspected by any person free of charge at all reasonable hours during a period of 28 days from the date of the publication of the notice (“the publication date”); and

(c)stating that any person may within that period by notice to the Secretary of State object to the making of the order.

(2)Not later than the publication date, the Secretary of State shall serve a copy of the notice, together with a copy of the draft order and of any relevant map or plan—

(a)on every local authority in whose area any highway or, as the case may be, any land to which the order relates is situated, and

(b)on any water, sewerage, hydraulic power or electricity undertakers or public gas supplier having any cables, mains, sewers, pipes or wires laid along, across, under or over any highway to be stopped up or diverted, or, as the case may be, any land over which a right of way is proposed to be extinguished, under the order.

(3)Not later than the publication date, the Secretary of State shall also cause a copy of the notice to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted or, as the case may be, of the right of way proposed to be extinguished under the order.

(4)If before the end of the period of 28 days mentioned in subsection (1)(b) an objection is received by the Secretary of State from any local authority or undertakers or public gas supplier on whom a notice is required to be served under subsection (2), or from any other person appearing to him to be affected by the order, and the objection is not withdrawn, then unless subsection (5) applies the Secretary of State shall cause a local inquiry to be held.

(5)If, in a case where the objection is made by a person other than such a local authority or undertakers or supplier, the Secretary of State is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary he may dispense with the inquiry.

(6)Subsections (2) to (5) of section 250 of the M6Local Government Act 1972 (local inquiries: evidence and costs) shall apply in relation to an inquiry caused to be held by the Secretary of State under subsection (4).

(7)Where publication of the notice mentioned in subsection (1) takes place on more than one day, the references in this section to the publication date are references to the latest date on which it is published.

(8)After considering any objections to the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may, subject to subsection (9), make the order either without modification or subject to such modifications as he thinks fit.

(9)Where—

(a)the order contains a provision requiring any such payment, repayment or contribution as is mentioned in section 247(4)(a); and

(b)objection to that provision is duly made by an authority or person who would be required by it to make such a payment, repayment or contribution; and

(c)the objection is not withdrawn,

the order shall be subject to special parliamentary procedure.

(10)Immediately after the order has been made, the Secretary of State shall publish, in the manner specified in subsection (1), a notice stating that the order has been made and naming a place where a copy of the order may be seen at all reasonable hours.

(11)Subsections (2), (3) and (7) shall have effect in relation to a notice under subsection (10) as they have effect in relation to a notice under subsection (1).

(12)In this section—

and in subsection (2)—

(i)the reference to water undertakers shall be construed as including a reference to the National Rivers Authority, and

(ii)the reference to electricity undertakers shall be construed as a reference to holders of licences under section 6 of the M9Electricity Act 1989 who are entitled to exercise any power conferred by paragraph 1 of Schedule 4 to that Act.

Textual Amendments

F2Words in the definition of

“local authority”

in s. 252(12) inserted (1.10.1995) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(10)(a)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/2490, art. 4(1), Sch. 2

F3Words in the definition of

“local authority”

in s. 252(12) inserted (1.10.1994 for specified purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. II para. 63; S.I. 1994/2025, art. 6(1)(2)(g) (with art. 6(6)); S.I. 1994/3262, art. 4(1), Sch.

F4Words in the definition of

“local authority”

in s. 252(12) inserted (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(b), Sch. 13 para. 32 (with ss. 54(5)(7), Sch. 17 paras. 22(1), 23(2))

Modifications etc. (not altering text)

C8S. 252 modified (1.4.1995) by S.I. 1995/401, art. 18, Sch. para. 2(b)

Marginal Citations

253 Procedure in anticipation of planning permission.E+W

(1)Where—

(a)the Secretary of State would, if planning permission for any development had been granted under Part III, have power to make an order under section 247 or 248 authorising the stopping up or diversion of a highway in order to enable that development to be carried out, and

(b)subsection (2), (3) or (4) applies,

then, notwithstanding that such permission has not been granted, the Secretary of State may publish notice of the draft of such an order in accordance with section 252.

(2)This subsection applies where the relevant development is the subject of an application for planning permission and either—

(a)that application is made by a local authority or statutory undertakers F5. . .; or

(b)that application stands referred to the Secretary of State in pursuance of a direction under section 77; or

(c)the applicant has appealed to the Secretary of State under section 78 against a refusal of planning permission or of approval required under a development order or against a condition of any such permission or approval.

(3)This subsection applies where—

(a)the relevant development is to be carried out by a local authority or statutory undertakers and requires, by virtue of an enactment, the authorisation of a government department; and

(b)the developers have made an application to the department for that authorisation and also requested a direction under section 90(1) that planning permission be deemed to be granted for that development.

(4)This subsection applies where the council of a county, metropolitan district or London borough or a joint planning board certify that they have begun to take such steps, in accordance with regulations made by virtue of section 316, as are required to enable them to obtain planning permission for the relevant development.

(5)Section 252(8) shall not be construed as authorising the Secretary of State to make an order under section 247 or 248 of which notice has been published by virtue of subsection (1) until planning permission is granted for the development which occasions the making of the order.

Textual Amendments

254 Compulsory acquisition of land in connection with highways.E+W

(1)The Secretary of State, or a local highway authority on being authorised by the Secretary of State to do so, may acquire land compulsorily—

(a)for the purpose of providing or improving any highway which is to be provided or improved in pursuance of an order under section 247, 248 or 249 or for any other purpose for which land is required in connection with the order; or

(b)for the purpose of providing any public right of way which is to be provided as an alternative to a right of way extinguished under an order under section 251.

(2)The M10Acquisition of Land Act 1981 shall apply to the acquisition of land under this section.

Marginal Citations

255 Concurrent proceedings in connection with highways.E+W

(1)In relation to orders under sections 247, 248 and 249, regulations made under this Act may make provision for securing that any proceedings required to be taken for the purposes of the acquisition of land under section 254 (as mentioned in subsection (1)(a) of that section) may be taken concurrently with any proceedings required to be taken for the purposes of the order.

(2)In relation to orders under section 251, regulations made under this Act may make provision for securing—

(a)that any proceedings required to be taken for the purposes of such an order may be taken concurrently with any proceedings required to be taken for the purposes of the acquisition of the land over which the right of way is to be extinguished; or

(b)that any proceedings required to be taken for the purposes of the acquisition of any other land under section 254 (as mentioned in subsection (1)(b) of that section) may be taken concurrently with either or both of the proceedings referred to in paragraph (a).

256 Telecommunication apparatus: orders by Secretary of State.E+W

(1)Where—

(a)in pursuance of an order under section 247, 248 or 249 a highway is stopped up or diverted or, as the case may be, any right to use vehicles on that highway is extinguished; and

(b)immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system,

the operator of that system shall have the same powers in respect of the apparatus as if the order had not come into force.

(2)Notwithstanding subsection (1), any person entitled to land over which the highway subsisted shall be entitled to require the alteration of the apparatus.

(3)Where—

(a)any such order provides for the improvement of a [F6highway for which the Secretary of State is not the highway authority], and

(b)immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any telecommunication apparatus kept installed for the purposes of a telecommunications code system,the local highway authority shall be entitled to require the alteration of the apparatus.

(4)Subsection (3) does not have effect so far as it relates to the alteration of any apparatus for the purpose of [F7major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991].

(5)Paragraph 1(2) of the telecommunications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.

(6)Paragraph 21 of the telecommunications code (restriction on removal of telecommunication apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any telecommunication apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

Textual Amendments