PART 11HIGHWAYS
CHAPTER 1HIGHWAYS AFFECTED BY DEVELOPMENT
Stopping up and diversion of highways: powers of the Welsh Ministers
284Orders under section 281: stopping up of private means of access
(1)
An order under section 281 may authorise the highway authority for the main highway—
(a)
to stop up any private means of access to land that—
(i)
adjoins or is adjacent to the route of the main highway, or
(ii)
forms the site of any works authorised by the order or by a previous order under section 281;
(b)
to provide a new means of access to the land.
(2)
An order may authorise the stopping up of a means of access to land only if the Welsh Ministers are satisfied that—
(a)
another reasonably convenient means of access to the land is available,
(b)
such a means of access to the land will be provided, whether in pursuance of provision made under subsection (1)(b) or otherwise, or
(c)
no access to the land is reasonably required.
(3)
In determining whether another means of access to the land is or will be reasonably convenient, the Welsh Ministers must have regard to—
(a)
the need (if any) for a means of access to different places on the land, and
(b)
any roads, paths or other ways on that land or any other land that are or will be capable of providing such a means of access.
(4)
Where an order authorises a highway authority to stop up a private means of access, the authority may do so in any way that it considers appropriate.
(5)
A person who uses a means of access that has been stopped up in pursuance of provision made under this section commits an offence unless the person is exercising a public right of way.
(6)
A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7)
In this section and section 285, references to providing a new means of access to any land include providing a road, path or other way on that land or any other land.