PART I

New Towns and Their Development Corporations

Powers exercisable in relation to land acquired by development corporation or highway authority

Extinguishment of public rights of way
23
1
Where any land—
a
has been acquired for the purposes of this Act by a development corporation or local highway authority and is for the time being held by that corporation or authority for those purposes, or
b
has been acquired under this Act by the Secretary of State and is for the time being held for the purposes for which he acquired it,
the Secretary of State may by order extinguish any public right of way over the land.
2
Where the Secretary of State proposes to make an order under this section, he shall publish in such manner as appears to him to be requisite a notice—
a
stating the effect of the order, and
b
specifying the time (not being less than 28 days from the publication of the notice) within which and the manner in which, objections to the proposal may be made,
and shall serve a like notice—
i
on the district planning authority in whose area the land is situated; and
ii
on the relevant highway authority.
In this subsection " the relevant highway authority " means any authority who are a highway authority in relation to the right of way proposed to be extinguished by the order, other than an authority who have applied for the order to be made.
3
Where an objection to a proposal to make an order under this section is duly made and is not withdrawn, Schedule 8 to this Act shall have effect in relation to the proposal.
4
For the purposes of this section an objection to such a proposal shall not be treated as duly made unless—
a
it is made within the time and in the manner specified in the notice required by this section ; and
b
a statement in writing of the grounds of the objection is comprised in or submitted with the objection.
5
Where—
a
it is proposed to make an order under this section extinguishing a public right of way over a road on land acquired for the purposes of this Act by a development corporation, and
b
compensation in respect of restrictions imposed under section 1 or section 2 of the Restriction of Ribbon Development Act 1935 in respect of that road has been paid by the highway authority (or, in the case of a trunk road, by the authority who, when the compensation was paid, were the authority for the purposes of section 4 of the Trunk Roads Act 1936),
the order may provide for the payment by the development corporation to that authority, in respect of the compensation so paid, of such sums as the Secretary of State, with the Treasury's consent, may determine.
6
Where the Secretary of State is satisfied that the construction or improvement of a road is or will be needed in consequence of the extinguishment under this section of a public right of way, section 11 above shall apply as it applies where the Secretary of State is satisfied that the construction or improvement of a road is needed as mentioned in subsection (1) of that section.
7
Where the Secretary of State makes an order under this section on the application of a development corporation or local highway authority, he shall send a copy of that order to British Telecommunications.
1935 c. 47.
1935 c. 5 (1 Edw. 8 & 1 Geo. 6.).