PART 11HIGHWAYS

CHAPTER 1HIGHWAYS AFFECTED BY DEVELOPMENT

Stopping up or diversion of public paths: powers of planning authorities

294Confirmation of order made by planning authority

(1)

An order made under section 293 does not take effect unless it is—

(a)

confirmed by the Welsh Ministers, or

(b)

confirmed as an unopposed order by the planning authority that made it.

(2)

The Welsh Ministers may not confirm an order under section 293(1) unless they are satisfied of the matters mentioned in that subsection.

(3)

The Welsh Ministers or the planning authority may not confirm an order under section 293(2) unless satisfied that—

(a)

planning permission has been granted for the development in question, and

(b)

it is necessary to authorise the stopping up or diversion to enable the development to be carried out in accordance with the permission.

(4)

The date specified in an order as the date on which a footpath, bridleway or restricted byway is to be stopped up or diverted may not be earlier than the day the order is confirmed.

(5)

Part 2 of Schedule 17 makes provision about the procedure to be followed in connection with the confirmation of orders under section 293.