The West Midlands Rail Freight Interchange Order 2020

Public rights of way – creation and stopping up U.K.

12.—(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of that part of the authorised development comprised in Work Nos. 1, 3 and 6 stop up the public right of way specified in column (2) of Part 1 of Schedule 5 (public rights of way) to the extent specified in column (3) of that Part of that Schedule.

(2) The undertaker must provide to the relevant highway authority within 28 days of the stopping up of the length of public right of way specified in column (3) of Part 1 of Schedule 5 a plan to a scale of not less than 1:500 showing the extent of the stopping up.

(3) If at any time the land shown coloured purple between points A and B on sheet 7 of the access and rights of way plans is the subject of a modification order under section 53 (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981 M1 the effect of which is to give the land status as a public right of way, then by operation of this paragraph, in connection with the carrying out of the authorised development the public right of way is to be stopped up without the need for any further order.

(4) The undertaker must in connection with carrying out of the authorised development provide the new public right of way specified in columns (1) and (2) of Part 2 of Schedule 5 to the extent specified in column (3) of that Part of that Schedule at the stage of the authorised development identified in column (4) of that Part of that Schedule.

Marginal Citations

M1 1981 c. 69. Section 53 was amended by paragraph 1 of Part 1 of Schedule 5 to the Countryside and Rights of Way Act 2000 (c. 37), section 70(1) of the Natural Environment and Rural Communities Act 2006 (c. 16) and section 26(1) and (2) of, and paragraphs 1, 2, 9 and 10 of Schedule 7 to, the Deregulation Act 2015 (c. 20).