Special Roads Act 1949

5Application of Town and Country Planning Act, 1944, s.25, etc.

(1)Without prejudice to the provisions of the last foregoing section, section twenty-five of the Town and Country Planning Act, 1944 (which, as incorporated with Part IV of the Town and Country Planning Act, 1947, provides for the extinguishment of certain subsisting rights of statutory undertakers over land acquired under the said Part IV) shall apply—

(a)in relation to land acquired or appropriated by a special road authority for the purpose of carrying out any works in pursuance of a scheme or order under this Act ; and

(b)in relation to land forming the site of any part of an existing road which is appropriated or transferred to a special road authority under this Act,

as it applies in relation to land acquired under the said Part IV ; and sections twenty-six and twenty-seven of the said Act of 1944 (which contain provisions consequential upon the extinguishment of any right under the said section twenty-five) shall have effect accordingly.

(2)In the application of the foregoing subsection to Scotland, for references to the Town and Country Planning Act, 1944, and to sections twenty-five, twenty-six and twenty-seven of that Act, there shall be substituted respectively references to the Town and Country Planning (Scotland) Act, 1945, and to sections twenty-four, twenty-five and twenty-six of that Act, and for references to Part IV of the Town and Country Planning Act, 1947, there shall be substituted references to Part III of the Town and Country Planning (Scotland) Act, 1947.

(3)The enactments mentioned in subsection (1) and subsection (2) of this section shall have effect, as applied for the purposes of this section, subject to the following modifications, that is to say—

(a)for references therein to the purchasing authority there shall be substituted references to the special road authority ;

(b)for references therein to the Minister of Town and Country Planning, or to the Secretary of State, as the case may be, there shall be substituted references to the Minister.

(4)Where any apparatus of any statutory undertakers supplying electricity, gas, hydraulic power or water is removed in pursuance of a notice or order given or made under section twenty-five of the Town and Country Planning Act, 1944, or section twenty-four of the Town and Country Planning (Scotland) Act, 1945, as applied for the purposes of this section, any person being the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.