4(1)Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A20 improvement works, stop up each of the highways or parts thereof specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table and any other bridleways or footpaths within the limits of deviation for the works authorised by Part IV of this Act, and thereupon all rights of way over or along the highway or part thereof so stopped up shall be extinguished.
(2)The existing highways or part thereof specified in columns (1) and (2) of Part II of the following table shall not be stopped up under this paragraph until the new highway to be substituted therefor specified as aforesaid, or by reference to works authorised by Part IV of this Act, in column (3) of that Part of the table in relation to each such existing highway or part thereof has been completed in accordance with sub-paragraph (4) below.
THE TABLE
| (1) | (2) |
|---|---|
| Area | Length of highway to be stopped up |
| District of Shepway, town of Folkestone | Footpath and access track from DB1 to DB2 |
| Road (Castle Hill) from DC1 to DC2 | |
| Road (part of Churchill Avenue (A20)) from DD1 to DD2 | |
| Road (Park Farm Road) from DEI to DE2 | |
| Road (Crete Road West) from DF1 to DF2 | |
| Footpath from DG1 to DG2 | |
| District of Shepway, parish of Hawkinge | Footpath from DH1 to DH2 |
| Footpath and access track from DI1 to DI2 | |
| District of Dover, parish of Capel-le-Ferne | Footpath from DL1 to DL4 |
| Footpath from DN1 to DN2 | |
| Footpath from DPI to DP2 | |
| Footpath from DP3 to DP4 | |
| Road (Satmar Lane) from DR1 to DR2 | |
| Footpath from DS1 to DS2 |
| (1) | (2) | (3) |
|---|---|---|
| Area | Highway or part to be stopped up | New highway to be substituted therefor |
| District of Shepway, town of Folkestone | Footpath and access track from DAI to DA2 | New footpath from DAI to N3 |
| District of Shepway, parish of Hawkinge | Road (Church Hill) from DJ1 to DJ2 | Work No. 39 |
| Road (Crete Road East) from DK1 to DK2 | Work No. 40 | |
| District of Dover, parish of Capel-le-Ferne | Footpath from DL2 to DL3 | New footpath from DL2 to DL5 |
| Road (Cauldham Lane) from DM1 to DM2 | Work No. 41 | |
| Footpath from DO1 to D04 and D02 to D05 | New footpath from DO1 to D03 | |
| District of Dover, parishes of Capel-le-Ferne and Hougham Without | Byway from DTI to DT2, footpath from DW1 to DW2 and footpath from DX1 to DX2 | New bridleway from DTI to DT3 to DW1 toDX2 |
| Road (Satmar Lane) from DU1 to DU2 | Work No. 43 | |
| New footpath from DV2 southward along the line of the existing road to the new bridleway between DT3 and DW1 | ||
| District of Dover, parish of Hougham Without | Road (A20) from DY1 to DY2 | Works Nos. 44A and 44B |
| New footpath from DY1 to DY2 (part of Works Nos. 44A and 44B) |
(3)No part of any highway shall be stopped up under this paragraph until the Secretary of State is in possession of all lands abutting on both sides of that part of the highway except so far as the owners, lessees and occupiers of those lands may otherwise agree.
(4)No part of any highway specified in Part II of the above table in this paragraph shall be stopped up under this paragraph until the Secretary of State is satisfied that the new highway to be substituted therefor has been completed and is open for public use.
(5)Any person who suffers loss by the extinguishment of any private right under this paragraph shall be entitled to compensation to be determined, in case of dispute, under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.