3(1)Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works, stop up—
(a)each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table, and
(b)any other bridleways or footpaths within the limits of deviation for the works authorised by this Part of this Act or within the limits of land to be acquired or used.
(2)No highway or part of a highway, other than one specified in columns (1) and (2) of Part II of the following table, shall be stopped up under this paragraph unless the Secretary of State is in possession of all lands abutting on it, except so far as the owners and occupiers of those lands may otherwise agree.
(3)No highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall be stopped up under this paragraph until the Secretary of State is satisfied that the new highway specified in relation to it in column (3) of that Part of the table, by reference to the letters and numbers shown on the deposited plans or by reference to works authorised by this Part of this Act, has been completed and is open for public use.
(4)On a highway or part of a highway being stopped up under this paragraph, all rights of way over or along it shall be extinguished.
(5)The Secretary of State shall compensate any person who suffers loss by the extinguishment under this paragraph of a private right of way.
(6)Any dispute as to a person’s entitlement to compensation under sub-paragraph (5) above, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.
The Table
Highways to be Stopped Up
Part I
Highways to be Stopped Up Without Provision of Substitute
| (1) | (2) |
|---|---|
| Area | Highway or part to be stopped up |
| COUNTY OF KENT | |
| Borough of Gravesham, Parish of Shorne | Footpath NS312 for a distance of 45 metres north-eastwards from its junction with Watling Street (A2) |
| Borough of Gravesham, Parish of Cobham | Old Watling Street (B395) between points K1 and K2 |
| City of Rochester upon Medway, Parish of Cuxton | Footpath RS205 between points D1 and D2 |
| Footpath RR27 between points D2 and D3 | |
| Borough of Tonbridge and Malling, Parish of Aylesford | Access road to go-kart racing track between points S1 and S2 |
| Access road between points H1 and H2 | |
| Victoria Close between points B3 and B4 | |
| Footpath MR201 between points T1 and T3 and between points T3 and T4 | |
| Footpath MR14 for a distance of 120 metres westwards from its junction with Maidstone Road (A229) |
Part II
Highways to be Stopped Up Only on Provision of Substitute
| (1) | (2) | (3) |
|---|---|---|
| Area | Highway or part to be stopped up | New highway to be substituted for it |
| Note: In the event that Work No. 38F is not carried out after Work No. 13C, references in column (3) of the table to Work No. 13C shall be construed as references to so much of it as lies between its junction with Work No. 38F and its termination. | ||
| COUNTY OF KENT | ||
| Borough of Gravesham, Parish of Cobham | A2 westbound entry slip road between points H3 and H2 | Work No. 32C |
| A2 westbound exit slip road between points H4 and H2 | Work No. 32B | |
| Halfpence Lane (C492) between points H1 and H2 | Works Nos. 32B and 32C | |
| Footpath NS182 between points N9, P3 and N8 | New footpath between points N7 and N8 | |
| Access road between points N1 and N2 and points N3 and N4 | Works Nos. 35A and 35B | |
| Borough of Gravesham, Parish of Shorne | A2 eastbound entry slip road between points J3 and J4 | Work No. 32A |
| Borough of Gravesham, Parishes of Cobham and Higham | A2 westbound slip road between points P1 and P2 | Work No. 35A |
| City of Rochester upon Medway, Parish of Cuxton | Work No. 13A(2) | Work No. 36C between its commencement and its junction with Work No. 13A(2) |
| Work No. 13A(3) | Work No. 36D | |
| City of Rochester upon Medway, Town of Rochester and Parish of Cuxton | Footpath RS203 between points B1 and B2 | New footpath between points B1, B6, B5, B4 and B3 |
| Work No. 13A(4) | Work No. 36F between its junction with Work No. 13A(4) and its termination | |
| Work No. 13A(1) | Works Nos. 36A and 36E | |
| City of Rochester upon Medway, Town of Rochester | A228 (Rochester Road) between points C1 and C2 | Work No. 36F |
| M2 eastbound exit slip road between points C9 and C4 | Works Nos. 36A and 36E | |
| M2 westbound entry slip road between points C6 and C7 | Works Nos. 36C and 36E | |
| M2 eastbound entry slip road between points C9 and C5 | Works Nos. 36B and 36E | |
| M2 westbound exit slip road between points C8 and C7 | Works Nos. 36D and 36E | |
| Footpath RS205A between points C9 and C10 | Work No. 36K | |
| Nashenden Farm Lane between points E1 and E2 | Work No. 38C | |
| Bridleway RR16 between points E3, E2 and E4 | Work No. 38C | |
| Bridleway RR18 between points C1 and A3 | Works Nos. 38F and 13C | |
| City of Rochester upon Medway, Town of Rochester and Borough of Tonbridge and Malling, Parish of Wouldham | Work No. 13C between its commencement and its junction with Work No. 38F | Work No. 38F |
| Borough of Tonbridge and Malling, Parish of Wouldham | Bridleway MR11 between points A3, A2 and A1 | Works Nos. 38F and 13C |
| Borough of Tonbridge and Malling, Parish of Aylesford | A229 (Maidstone Road) between points F1 and F2d | Works Nos. 40A, 40B, 40C, 40D, 40E, 40F and 41A |
| Rochester Road between points F3 and F4 | Work No. 40G | |
| A229 slip road between points B1 and B2 | Work No. 40J | |
| A229 slip road between points C1 and C2 | Work No. 40L | |
| A229 slip road between points D1 and D2 | Work No. 40M | |
| A229 slip road between points E1 and E2 | Work No. 39H | |
| A229 slip road between points G1 and G2 | Work No. 40K | |
| Walderslade Woods between points F5 and F6 | Work No. 40H | |
| Walderslade Woods between points F7 and F8 | Work No. 39G | |
| M2 eastbound exit slip road between points K1 and K2 | Work No. 39A | |
| M2 eastbound entry slip road between points J1 and J2 | Work No. 39B | |
| M2 westbound exit slip road between points M1 and M2 | Work No. 39D | |
| M2 westbound entry slip road between points L1 and L2 | Work No. 39C | |
| Maidstone Road between points N1 and N2 | Work No. 39J | |
| Access way between points A1, A2 and A3 | Work No. 40P | |
| Access way between points P3 and P4 | Works Nos. 40R and 40S | |
| Access road between points P1, P3 and P2 | Work No. 40Q | |
| Access road to Crematorium between points V3 and V4 | Work No. 41D | |
| Footpath MR440 between points Q3 and Q4 | New footpath between points Q3 and Q5 | |
| Footpath MR438A between points R1 and R2 | New footpath between those points | |
| Borough of Maidstone, Parish of Boxley | Footpath KH32 between points Q1 and Q2 | Work No. 45 |
| Yelsted Lane between points E3 and E4 | Work No. 43B | |
| Lidsing Road between points F1 and F2 | Work No. 43C | |
| Footpath KH9 between points G1, G3 and G4 | New footpath between points G1, G2 and G4 | |
| Footpath KH634 between points H1 and H2 | Work No. 43D | |
| Borough of Maidstone, Parishes of Boxley and Bredhurst | Forge Lane between points H3 and H4 | Work No. 43E |
| Borough of Gillingham, Town of Gillingham and Borough of Maidstone, Parish of Bredhurst | M2 westbound entry slip road between points A1 and A2 | Work No. 44B |
| M2 eastbound exit slip road between points A3 and A4 | Work No. 44A | |