Prospective

PART 11 E+W HIGHWAYS

CHAPTER 2 E+W ENDING RIGHTS OF WAY OVER LAND HELD FOR PLANNING PURPOSES

Powers of local authorities E+W

300 Power of local authority to end right of way over public path on land held for planning purposes E+W

(1) This section applies where a local authority—

(a) has acquired or appropriated any land for planning purposes (within the meaning given by section 279), and

(b) holds the land for the purposes for which it was acquired or appropriated.

(2) The authority may by order extinguish any public right of way over a footpath, bridleway or restricted byway over the land, if it is satisfied that—

(a) an alternative right of way has been or will be provided, or

(b) an alternative right of way is not required.

(3) An order made under this section does not take effect unless it is—

(a) confirmed by the Welsh Ministers, or

(b) confirmed as an unopposed order by the local authority that made it.

(4) The Welsh Ministers may not confirm an order unless they are satisfied of the matters mentioned in subsection (2)(a) or (b).

(5) The date specified in an order as the date on which a right of way is to be extinguished may not be earlier than the day the order is confirmed.

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

Commencement Information

I1 S. 300 not in force at Royal Assent, see s. 409(2)