PART VIMiscellaneous Changes in Planning Law

Stopping-up and diversion of highways

91New powers to authorise stopping-up and diversion of highways.

1

If planning permission is granted under Part III of the principal Act for constructing or improving, or the responsible Minister proposes to construct or improve, a highway (hereafter in this section referred to as " the main highway "), that Minister may by order authorise the stopping-up or diversion of any other highway which crosses or enters the route of the main highway or which is, or will be, otherwise affected by the construction or improvement of the main highway, if it appears to that Minister expedient to do so—

a

in the interests of the safety of users of the main highway ; or

b

to facilitate the movement of traffic on the main highway.

2

In this section, " the responsible Minister " means, except in relation to Wales, the Minister of Transport and, in relation to Wales, the Secretary of State.

3

Sections 153(2) to (5), 154, 156, 157 and 158 of the principal Act (ancillary provisions, provisions as to compulsory acquisition of land in connection with highways and provisions as to telegraphic lines) and section 90 above shall apply in relation to an order under this section as they apply in relation to an order made by the Minister of Transport under section 153(1) of that Act with the substitution in the said sections of the principal Act for references to that Minister and the said section 153(1) of references to the responsible Minister (as defined by subsection (2) above) and this section.

4

In section 32(3) of the [1951 c. 60.] Mineral Workings Act 1951 (rights of statutory undertakers in respect of their apparatus where order made under section 153 of principal Act), after the reference to the said section 153 there shall be inserted an alternative reference to this section.