293Stopping up or diversion of public path to enable development(1)

A planning authority may by order authorise the stopping up or diversion of any footpath, bridleway or restricted byway if it is satisfied that it is necessary to do so to enable development to be carried out in its area in accordance with planning permission that has been granted under this Act.

(2)

A planning authority may by order authorise the stopping up or diversion of any footpath, bridleway or restricted byway if it is satisfied that—

(a)

an application has been made for planning permission to develop land in its area, and

(b)

if the permission were granted, it would be necessary to authorise the stopping up or diversion to enable the development to be carried out.

(3)

An order under this section may authorise the stopping up or diversion of a footpath, bridleway or restricted byway that is temporarily stopped up or diverted under any other enactment.

(4)

An order under this section may—

(a)

provide for the creation of an alternative highway, or the improvement of an existing highway, as a replacement for the highway that is to be stopped up or diverted;

(b)

authorise or require works to be carried out in relation to any footpath, bridleway or restricted byway that is to be stopped up or diverted, created or improved under the order;

(c)

provide for the preservation of any rights of a statutory undertaker in respect of any of its apparatus that is on any such footpath, bridleway or restricted byway immediately before the day the order is made;

(d)

require any person to pay or contribute towards the costs of carrying out any works for which the order provides.