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Planning Act 2008

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This is the original version (as it was originally enacted).

136Public rights of way
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(1)An order granting development consent may extinguish a public right of way over land only if the decision-maker is satisfied that—

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

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

(2)The following provisions of this section apply if—

(a)an order granting development consent makes provision for the acquisition of land, compulsorily or by agreement,

(b)the order extinguishes a public right of way over the land, and

(c)the right of way is not a right enjoyable by vehicular traffic.

(3)The order granting development consent may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.

(4)Subsection (5) applies if—

(a)the order granting development consent extinguishes the right of way from a date (“the extinguishment date”) which is earlier than the date on which the acquisition of the land is completed, and

(b)at any time after the extinguishment date it appears to the appropriate authority that the proposal to acquire the land has been abandoned.

(5)The appropriate authority must by order direct that the right is to revive.

(6)“The appropriate authority” is—

(a)if the order granting development consent was made by a Panel or the Council, the Commission;

(b)in any other case, the Secretary of State.

(7)Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.

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