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Part IIE+W+S Public rights of way and road traffic

Creation, stopping up and diversion of highwaysE+W

59 Effect of Part I on powers to stop up or divert highways.E+W

(1)This section applies to any power to stop up or divert a highway of any description or to make or confirm an order authorising the stopping up or diversion of a highway of any description; and in the following provisions of this section—

(a)the relevant authority” means the person exercising the power, and

(b)the existing highway” means the highway to be stopped up or diverted.

(2)Where the relevant authority is required (expressly or by implication) to consider—

(a)whether the existing highway is unnecessary, or is needed for public use,

(b)whether an alternative highway should be provided, or

(c)whether any public right of way should be reserved,

the relevant authority, in considering that question, is not to regard the fact that any land is access land in respect of which the right conferred by section 2(1) is exercisable as reducing the need for the existing highway, for the provision of an alternative highway or for the reservation of a public right of way.

(3)Where—

(a)the existing highway is situated on, or in the vicinity of, any access land, and

(b)the relevant authority is required (expressly or by implication) to consider the extent (if any) to which the existing highway would, apart from the exercise of the power, be likely to be used by the public,

the relevant authority, in considering that question, is to have regard, in particular, to the extent to which the highway would be likely to be used by the public at any time when the right conferred by section 2(1) is not exercisable in relation to the access land.

(4)In this section “access land” has the same meaning as in Part I.