Planning (Wales) Act 2026

296 Temporary stopping up or diversion for surface working of minerals

(1) Subsection (2) applies where the Welsh Ministers are satisfied—

(a) that it is necessary to make an order under section 280 authorising the stopping up or diversion of a highway to enable minerals to be worked by surface working, and

(b) that the highway can be restored to a condition not substantially less convenient to the public after the minerals have been worked.

(2) The order may provide for the highway to be—

(a) stopped up or diverted for a period specified by or under the order, and

(b) restored at the end of that period.

(3) Subsection (4) applies where a planning authority is satisfied—

(a) that it is necessary to make an order under section 293 authorising the stopping up or diversion of a footpath, bridleway or restricted byway to enable minerals to be worked by surface working, and

(b) that the footpath, bridleway or restricted byway can be restored to a condition not substantially less convenient to the public after the minerals have been worked.

(4) The order may provide for the footpath, bridleway or restricted byway to be—

(a) stopped up or diverted for a period specified by or under the order, and

(b) restored at the end of that period.

(5) An order made by virtue of this section may contain provision—

(a) for a person who would otherwise be subject to any liability in respect of the repair of the original highway during the period specified by or under the order to be subject to a corresponding liability in respect of the repair of any highway provided in pursuance of the order;

(b) for the stopping up at the end of that period of any highway provided in pursuance of the order and for the reconstruction and maintenance of the original highway.

(6) Where an order made by virtue of this section contains provision under section 283(5)(a) or 293(4)(d) requiring payment to be made in respect of any costs, that provision may provide for the payment of a capital sum in respect of the estimated amount of those costs.