PART 11HIGHWAYS
CHAPTER 1HIGHWAYS AFFECTED BY DEVELOPMENT
Pedestrianisation of highways: powers of the Welsh Ministers
286Pedestrianisation of highway to improve amenity
(1)
This section applies where—
(a)
a planning authority by resolution adopts a proposal for improving the amenity of part of its area, and
(b)
the proposal involves the public ceasing to have any right of way with vehicles over a highway in the authority’s area that is not a trunk road or a principal road.
(2)
On an application by the planning authority, the Welsh Ministers may by order extinguish all rights to use vehicles on the highway.
(3)
Before making the application, the planning authority must consult the highway authority for the highway (if the highway authority is not the planning authority).
(4)
An order under this section may permit the use on the highway of vehicles (whether mechanically propelled or not) in cases specified in the order, despite the extinguishment of any right mentioned in subsection (2).
(5)
Before making an order that includes provision under subsection (4), the Welsh Ministers must consult—
(a)
the planning authority, and
(b)
the highway authority for the highway (if the highway authority is not the planning authority or the Welsh Ministers).
(6)
Provision under subsection (4) may be framed by reference to—
(a)
particular descriptions of vehicles,
(b)
particular persons by whom, or on whose authority, vehicles may be used, or
(c)
circumstances in which, or times at which, vehicles may be used for particular purposes.
(7)
No statutory provision prohibiting or restricting the use of footpaths, footways or bridleways applies to any use of a vehicle that is permitted by provision under subsection (4).
(8)
See Part 7A of the Highways Act (provision of amenities on certain highways) for powers that a county council or county borough council may exercise in relation to a highway where an order under this section is in force.
(9)
In this section—
“principal road” (“prif ffordd”) is to be interpreted in accordance with section 12 of the Highways Act;
“statutory provision” (“darpariaeth statudol”) means a provision contained in, or having effect under, an enactment.