[F1198A Highways affected by development: orders by planning authorities. S
(1)Subject to section 206 of this Act and to subsection (5) below, a planning authority may by order authorise the stopping up diversion of any [F2road] which is not—
(a)a trunk road within the meaning of [F3the Roads (Scotland) Act 1984]; or
(b)a special road provided by the Secretary of State in pursuance of a scheme under [F4that Act],
if they are satisfied as mentioned in section 198(1) of this Act.
(2)An order under this section—
(a)may make such provision as appears to the planning authority to be necessary or expedient for the [F5construction] or improvement of any other [F5road] (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) and may direct that [F5the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984];
(b)may contain such incidental and consequential provisions as appear to the planning authority to be necessary or expedient, including in particular—
(i)provision for authorising the planning authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in F6 paragraph (a) of subsection (3) of section 198 of this Act;
(ii)such provision as is mentioned in paragraph (b) of that subsection.
(3)An order may be made under this section authorising the stopping up or diversion of any [F7road] (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) which is temporarily stopped up or diverted under any other enactment.
(4)The provisions of this section shall have effect without prejudice to any power conferred on the planning authority by any other enactment to authorise the stopping up or diversion of a [F7road].
(5)The planning authority shall not make an order under this section without consulting the [F8roads] authority (in a case where they are themselves not that authority).]
Textual Amendments
F1S. 198A inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 25
F2Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(i) (with s. 128(1))
F3Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(ii)
F4Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(iii) (with s. 128(1))
F5Word(s) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(b)(i) (with s. 128(1))
F6Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(9)(b)(ii), Sch. 11 (with s. 128(1))
F7Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(c) (with s. 128(1))
F8Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(d) (with s. 128(1))
Modifications etc. (not altering text)
C1S. 198A extended by Mineral Workings Act 1951 (c. 60, SIF 86), s. 32 as substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 41(1) (with ss. 128(1), 156(1), Sch. 9 para. 41(2))