Special Roads Act 1949

9Status of special roads, etc.

(1)A special road to be provided by the Minister in accordance with a scheme under this Act shall, except so far as it is provided by means of the appropriation or transfer of any existing road, become a trunk road on such date as may be specified in the scheme, and any road transferred to the Minister under this Act shall become a trunk road on the date on which it is so transferred ; and the provisions of the Trunk Roads Acts, 1936 and 1946, shall apply to any road which becomes a trunk road by virtue of this subsection as they apply to a road which becomes a trunk road by virtue of an order under section one of the Trunk Roads Act, 1946.

(2)Subsection (3) of section fourteen of the Town and Country Planning Act, 1947, or subsection (3) of section twelve of the Town and Country Planning (Scotland) Act, 1947 (which enable the Minister to restrict the grant of planning permission in respect of development affecting trunk roads in England and Wales and in Scotland respectively) shall apply to any road—

(a)which is comprised in the route of a special road to be provided by the Minister in accordance with a scheme under this Act, but has not for the time being been transferred to him ;

(b)which is or is to be provided by the Minister in pursuance of any order under this Act, and has not for the time being been transferred to any other highway authority,

as if it were a trunk road.

(3)Without prejudice to the provisions of section ten of the Development and Road Improvement Funds Act, 1909, a special road constructed by the council of a county or county borough in England or Wales in accordance with a scheme under this Act, and any road (not being a county road) which is transferred to such a council by means of an order under this Act, shall be deemed, when so constructed or transferred, as the case may be, to be a county road, and any enactment with respect to county roads, shall apply thereto accordingly :

Provided that—

(a)section thirty-two of the Local Government Act, 1929 (which entitles the councils of certain boroughs and urban districts to claim the functions of maintenance and repair of county roads) shall not apply in relation to any part of a special road; and

(b)where an order under this Act provides for the transfer to the council of a county of a road not forming part of a special road, the said section thirty-two shall have effect as if the road had become a county road on the date on which the order takes effect, but any functions of maintenance and repair claimed under the said section thirty-two shall not be exercisable until the date specified in the order as the date on which the, road is to be transferred as aforesaid.

(4)Section eight of the Town and Country Planning Act, 1947, and section six of the Town and Country Planning (Scotland) Act, 1947 (which provide for the incorporation in development plans of orders made in accordance with the Second Schedule to the Trunk Roads Act, 1946, and of the lines of trunk roads to be constructed in accordance with such orders) shall apply to any scheme or order made or confirmed by the Minister under this Act and to any road (whether or not being a trunk road) to be constructed or altered in accordance therewith.

(5)Except as otherwise expressly provided by or under this Act, the enactments relating to roads shall apply in relation to special roads as they apply in relation to roads other than special roads, and any road to be constructed in pursuance of a scheme or order under this Act shall be deemed to be a proposed road within the meaning of the Restriction of Ribbon Development Act, 1935, or the Trunk Roads Acts, 1936 and 1946, as the case may be.