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Clause 10 - Stopping up and diversion of public paths

Growth and Infrastructure Bill – in a Public Bill Committee at 4:15 pm on 29th November 2012.

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Question proposed, That the clause stand part of the Bill.

Photo of Michael Fallon Michael Fallon The Minister of State, Department for Business, Innovation and Skills

The clause, similarly to clause 9, deals with the stopping up and diversion of public paths. The Town and Country Planning Act 1990 enables an authority with the power to grant planning permission to make a legal order to stop up and divert a public right of way if that is necessary to enable development to be carried out. Section 257 of the Act is the provision that enables the authority to do so, but it is framed in such a way that, currently, the authority can only make a rights of way order after planning permission has been granted.

Clause 10 therefore amends section 257 of the 1990 Act to enable the authority to make a rights of way order where it is satisfied that an application for planning permission has been made and that should that application be granted, it will be necessary to stop up or divert the right of way in order for the development to be carried out. The measure will enable the rights of way order to be considered alongside the planning application, instead of having to wait until after planning permission has been granted.

Question put and agreed to.

Clause 10 accordingly ordered to stand part of the Bill.