|
| |
| |
(b) | that an alternative bridleway or footpath will be provided before the |
| |
proposed stopping up takes place, or |
| |
(c) | that the provision of an alternative bridleway or footpath is not |
| |
| |
(4) | Where the appropriate Ministers grant an application under sub-paragraph |
| 5 |
(2), they shall notify the nominated undertaker of the basis on which the |
| |
| |
(5) | Where the basis on which an application under sub-paragraph (2) is granted |
| |
is that an alternative bridleway or footpath will be provided, the proposed |
| |
stopping up shall not take place until the alternative has been provided. |
| 10 |
(6) | Before making an application under sub-paragraph (2), the nominated |
| |
undertaker shall publish in at least one local newspaper circulating in the |
| |
| |
| |
(i) | the bridleway or footpath, or part, proposed to be stopped |
| 15 |
| |
(ii) | what, if any, alternative bridleway or footpath is proposed, |
| |
| |
(iii) | if no alternative is proposed, the reasons why, |
| |
(b) | specifying a place in the relevant area where a map or plan |
| 20 |
illustrating the proposals may be inspected by any person free of |
| |
charge at all reasonable hours during a period of 28 days from the |
| |
date of publication of the notice (“the publication date”), |
| |
(c) | stating that any person may within that period make representations |
| |
about confirmation under sub-paragraph (2) of the proposed |
| 25 |
| |
(d) | specifying the manner in which such representations may be made. |
| |
(7) | Not later than the publication date, the nominated undertaker shall— |
| |
(a) | serve a copy of the notice, together with any map or plan to which it |
| |
refers, on every local authority whose area includes any of the land |
| 30 |
on which the bridleway or footpath, or part, proposed to be stopped |
| |
| |
(b) | cause a copy of the notice to be displayed in a prominent position at |
| |
the ends of the bridleway or footpath, or part, proposed to be |
| |
| 35 |
(8) | Before granting an application under sub-paragraph (2), the appropriate |
| |
Ministers shall consider any representations made to them in accordance |
| |
with the nominated undertaker’s notice which have not been withdrawn. |
| |
(9) | Unless they direct otherwise, the appropriate Ministers’ functions in relation |
| |
to an application under sub-paragraph (2) shall, instead of being carried out |
| 40 |
by them, be carried out by a person appointed by them for the purpose. |
| |
(10) | In sub-paragraph (6), references to the relevant area are to the area in which |
| |
the bridleway or footpath, or part, proposed to be stopped up is situated. |
| |
(11) | In sub-paragraph (7)(a), “local authority” means— |
| |
(a) | the council of a county, district, parish or London borough, |
| 45 |
(b) | the Common Council of the City of London, |
| |
(c) | the London Fire and Emergency Planning Authority, |
| |
| |
| |
|
| |
| |
(d) | a joint authority established by Part 4 of the Local Government Act |
| |
| |
(e) | a housing action trust established under Part 3 of the Housing Act |
| |
| |
(f) | the parish meeting of a rural parish not having a separate parish |
| 5 |
| |
(12) | In this paragraph, references to the appropriate Ministers are to the |
| |
Secretary of State for Environment, Food and Rural Affairs and the Secretary |
| |
of State for Transport and, in relation to the carrying out of any functions, |
| |
are to those Ministers acting jointly. |
| 10 |
3 (1) | On a highway or part of a highway being stopped up under paragraph 1 or |
| |
| |
(a) | all rights of way over or along it shall be extinguished, and |
| |
(b) | the Secretary of State may appropriate and use, without making any |
| |
payment, so much of the site of it as is bounded on both sides by land |
| 15 |
| |
(2) | The nominated undertaker shall compensate any person who suffers loss by |
| |
the extinguishment under this paragraph of a private right of way. |
| |
(3) | Any dispute as to a person’s entitlement to compensation under sub- |
| |
paragraph (2), or as to the amount of such compensation, shall be |
| 20 |
determined under and in accordance with Part 1 of the Land Compensation |
| |
| |
(4) | The Secretary of State shall not be entitled to any mines or minerals under |
| |
land which he is entitled to appropriate and use under sub-paragraph (1)(b), |
| |
with the exception of minerals necessarily extracted or used in the |
| 25 |
construction of the undertaking which the nominated undertaker is |
| |
authorised to carry on by this Act. |
| |
(5) | Part 3 of Schedule 2 to the Acquisition of Land Act 1981 (c. 67) (regulation of |
| |
the working of mines or minerals underlying an authorised undertaking) |
| |
shall apply in relation to the working of any mines or minerals underlying |
| 30 |
land which the Secretary of State is entitled to appropriate and use under |
| |
sub-paragraph (1)(b) with the following modifications— |
| |
(a) | references to the undertaking shall be construed as references to the |
| |
undertaking which the nominated undertaker is authorised to carry |
| |
| 35 |
(b) | in paragraphs 3 to 5 and 7 to 9, references to the acquiring authority |
| |
shall be construed as references to the nominated undertaker, and |
| |
(c) | in paragraph 6, the first of the references to the acquiring authority |
| |
shall be construed as a reference to the nominated undertaker. |
| |
| 40 |
4 (1) | The powers conferred by paragraph 1 or 4 of Schedule 2 may be exercised in |
| |
such a way as to obstruct the highway, but only with the consent of the |
| |
highway authority, such consent not to be unreasonably withheld. |
| |
(2) | Any dispute with a highway authority under sub-paragraph (1) shall, if the |
| |
parties agree, be referred to arbitration, but shall otherwise be determined |
| 45 |
by the Secretary of State. |
| |
| |
| |
|
| |
| |
(3) | If a highway authority which receives an application for consent under sub- |
| |
paragraph (1) fails to notify the applicant of its decision on the application |
| |
before the end of the period of 28 days beginning with the date on which the |
| |
application was made, it shall be deemed to have granted it. |
| |
| 5 |
5 (1) | For the purposes of the works authorised by this Act, the nominated |
| |
| |
(a) | temporarily stop up or alter or divert any highway or part of a |
| |
| |
(b) | for any reasonable time divert traffic from, and prevent persons |
| 10 |
passing along, any highway or part of a highway, and |
| |
(c) | break up or interfere with any highway or part of a highway |
| |
(including any sewer, drain or tunnel in it). |
| |
(2) | The nominated undertaker shall provide reasonable access for pedestrians |
| |
going to or from premises abutting on a highway affected by the exercise of |
| 15 |
the powers conferred by sub-paragraph (1) if there would otherwise be no |
| |
| |
(3) | Before exercising the powers conferred by sub-paragraph (1) in relation to a |
| |
highway and to an extent specified in the following table, the nominated |
| |
undertaker shall consult the highway authority about the exercise of the |
| 20 |
| |
|
| |
| |
