Part XE+W Highways

Orders made by Secretary of StateE+W

247 Highways affected by development: orders by Secretary of State.E+W

(1)The Secretary of State may by order authorise the stopping up or diversion of any highway [F1outside Greater London] if he is satisfied that it is necessary to do so in order to enable development to be carried out—

(a)in accordance with planning permission granted under [F2Part III [F3or section 293A]] [F2Parts 3 or 13], or

(b)by a government department.

(2)Such an order may make such provision as appears to the Secretary of State to be necessary or expedient for the provision or improvement of any other highway [F4outside Greater London].

[F5(2A)The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out—

(a)in accordance with planning permission granted under Part III [F3or section 293A] , or

(b)by a government department.

(2B)Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.]

(3)[F6An order under subsection (1) or (2A)] may direct—

(a)that any highway provided or improved by virtue of it shall for the purposes of the M1Highways Act 1980 be a highway maintainable at the public expense;

(b)that the Secretary of State, [F7a strategic highways company,] or any county council, [F8county borough council,] metropolitan district council or London borough council specified in the order or, if it is so specified, the Common Council of the City of London, shall be the highway authority for that highway;

(c)in the case of a highway for which the Secretary of State [F9or a strategic highways company] is to be the highway authority, that the highway shall, on such date as may be specified in the order, become a trunk road within the meaning of the Highways Act 1980.

[F10(3A)An order under subsection (2A) may not provide that—

(a)the Secretary of State,

[F11(aa)a strategic highways company,]

(b)Transport for London, or

(c)a London borough other than the one whose council is making the order,

shall be the highway authority for a highway unless the Secretary of State, [F12the strategic highways company,] Transport for London or the council, as the case may be, so consents.]

(4)An order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State [F13or the council of the London borough] to be necessary or expedient, including in particular—

(a)provision for authorising the Secretary of State [F13or the council of the London borough], or requiring any other authority or person specified in the order—

(i)to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; or

(ii)to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section 1 or 2 of the M2Restriction of Ribbon Development Act 1935 in relation to any highway stopped up or diverted under the order;

(b)provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.

(5)An order may be made under this section authorising the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment.

(6)The provisions of this section shall have effect without prejudice to—

(a)any power conferred on the Secretary of State [F14or a London borough] by any other enactment to authorise the stopping up or diversion of a highway;

(b)the provisions of Part VI of the M3Acquisition of Land Act 1981; or

(c)the provisions of section 251(1).