Part IX

Roads, Footpaths and Rights of Way

Powers of planning authorities to stop up roads, etc.

Roads affected by development: orders by planning authorities.
207
1
Subject to paragraph 5 of Schedule 16 and to subsection (5), a planning authority may by order authorise the stopping up or diversion of any road which is not—
a
a trunk road within the meaning of the Roads (Scotland) Act 1984, or
b
a special road provided by the Secretary of State in pursuance of a scheme under that Act,
if they are satisfied that it is necessary to do so in order to enable the development to be carried out in accordance with planning permission granted under Part III or section 242A, or by a government department.
2
An order under this section—
a
may make such provision as appears to the planning authority to be necessary or expedient for the construction or improvement of any other road (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)) and may direct that the 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, and
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 section 202(4)(a), and
ii
such provision as is mentioned in section 202(4)(b).
3
An order may be made under this section authorising the stopping up or diversion of any road (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)) which is temporarily stopped up or diverted under any other enactment.
4
This section is without prejudice to any power conferred on the planning authority by any other enactment to authorise the stopping up or diversion of a road.
5
The planning authority shall not make an order under this section without consulting the roads authority (in a case where they are themselves not that authority).
1984 c. 54.
1984 c. 54.
Words in s. 207(1) inserted (11.5.2006) by Planning and Compulsory Purchase Act 2004 (Commencement No.2 and Consequential Provisions) (Scotland) Order 2006 (S.S.I. 2006/243), arts. 1(1), 4(8)