Part X Highways

Orders by other authorities

C1259 Confirmation of orders made by other authorities.

1

An order made under section 257 or 258 shall not take effect unless confirmed by the F4appropriate national authority or unless confirmed, as an unopposed order, by the authority who made it.

F31A

An order under section 257(1A) may not be confirmed unless the F2appropriate national authority or (as the case may be) the authority is satisfied—

a

that planning permission in respect of the development has been granted, and

b

it is necessary to authorise the stopping up or diversion in order to enable the development to be carried out in accordance with the permission.

2

The F7appropriate national authority shall not confirm F6any order under section 257(1) or 258 unless satisfied as to every matter as to which the authority making the order are required under section 257 or, as the case may be, section 258 to be satisfied.

3

The time specified—

a

in an order under section 257 as the time from which a footpath F1, bridleway or restricted byway is to be stopped up or diverted; or

b

in an order under section 258 as the time from which a right of way is to be extinguished,

shall not be earlier than confirmation of the order.

4

Schedule 14 shall have effect with respect to the confirmation of orders under section 257 or 258 and the publicity for such orders after they are confirmed.

F55

The appropriate national authority, for the purposes of this section, is⁠—

a

in relation to England, the Secretary of State;

b

in relation to Wales, the Welsh Ministers.