PART 11HIGHWAYS
CHAPTER 1HIGHWAYS AFFECTED BY DEVELOPMENT
Stopping up or diversion of public paths: powers of planning authorities
295Electronic communications apparatus affected by order
(1)
This section applies where—
(a)
a planning authority makes an order under section 293 that authorises the stopping up or diversion of a footpath, bridleway or restricted byway over any land, and
(b)
at the time when the authority published the notice required by paragraph 10 of Schedule 17, there was electronic communications apparatus installed on the land for the purposes of an electronic communications code network.
(2)
As soon as reasonably practicable after making the order, the planning authority must give notice that it has done so to the operator of the network.
(3)
Despite the making of the order, the operator may exercise its power to remove the electronic communications apparatus at any time before the end of the removal period.
(4)
If the operator gives notice to the planning authority before the end of the removal period stating its intention to remove the apparatus or any part of it, the operator may exercise its right to remove the apparatus or that part of it after the end of the removal period.
(5)
The operator of the network may abandon the electronic communications apparatus or any part of it by giving notice to the authority before the end of the removal period.
(6)
The operator is to be treated at the end of the removal period as having abandoned any part of the apparatus that it has not abandoned, removed or given notice of its intention to remove.
(7)
Where any electronic communications apparatus is removed or abandoned under this section, the operator may recover from the planning authority the cost of providing any electronic communications apparatus in another place in substitution for—
(a)
the apparatus that has been removed or abandoned, and
(b)
any other electronic communications apparatus connected with it that becomes useless as a result of the removal or abandonment.
(8)
On the abandonment of any electronic communications apparatus under this section—
(a)
the planning authority becomes entitled to the apparatus, and
(b)
the apparatus is to be treated as no longer being installed for the purposes of an electronic communications code network.
(9)
In this section “the removal period” means 3 months beginning with the day after the day the footpath, bridleway or restricted byway is authorised to be stopped up or diverted.