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Planning (Wales) Act 2026
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This version of this provision is prospective.
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Planning (Wales) Act 2026, Section 288 is up to date with all changes known to be in force on or before 08 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 288:
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 346(3)(c)(ii) modified (temp.) by 2026 asc 7 Sch. 5 para. 23
Prospective
288Further provision about orders under sections 286 and 287E+W
This section has no associated Explanatory Notes
(1)An order made under section 286 or 287 in relation to a highway may provide for the creation or improvement of any other highway.
(2)If the order provides for the creation or improvement of another highway, it may also—
(a)provide for that highway to be a highway maintainable at the public expense for the purposes of the Highways Act;
(b)provide for the Welsh Ministers, the Secretary of State, a county council, a county borough council or a strategic highways company to be the highway authority for the highway;
(c)if it provides for the Welsh Ministers, the Secretary of State or a strategic highways company to be the highway authority, provide that the highway is to become a trunk road on a date specified in the order.
(3)An order under section 286 or 287 may contain incidental and consequential provisions, including in particular—
(a)provision authorising the Welsh Ministers or the Secretary of State, or requiring any other person, to pay or contribute towards any costs incurred in or in connection with carrying out any works for which the order provides;
(b)provision for the preservation of any rights of a statutory undertaker in respect of any of its apparatus that is on the highway to which the order relates immediately before the day the order is made.
(4)Part 1 of Schedule 17 makes provision about the procedure to be followed in connection with making orders under sections 286 and 287 (including provision for the publication of notice of a proposed order and for the consideration of objections).
(5)The powers conferred on the Welsh Ministers by those sections do not limit—
(a)any power to authorise the stopping up or diversion of a highway conferred on them by any other enactment;
(b)the powers to extinguish public rights of way conferred on them by Part 6 of the Acquisition of Land Act 1981 (c. 67) or section 297 of this Act.
Commencement Information
I1S. 288 not in force at Royal Assent, see s. 409(2)
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