§ 1. Mr. C. Johnsonasked the Minister of Transport what action he proposes to take to ensure that applications for the stopping up of rights of way under Section 153 of the Town and Country Planning Act, 1962, are made prior to development 1292 being carried out on the land over which such rights of way run.
§ The Minister of Transport (Mr. Ernest Marples)Planning permission of itself confers no right to obstruct a highway. My right hon. Friend the Minister of Housing and Local Government is about to reaffirm this in a circular to local authorities and to suggest to them that they should warn applicants of this point when granting permission. I shall continue to issue similar warnings of the need to refrain from creating any premature obstruction as soon as any inquiry about stopping up or diversion reaches my Department.
§ Mr. JohnsonI thank the right hon. Gentleman for that reply. Will not he agree that this Question discloses that there has been something of an administrative gap, which I am gratified to feel has now been closed?
§ Mr. MarplesI have great sympathy with the hon. Gentleman. I do not think that footpaths should be closed unilaterally without due regard to the law.
§ 2. Mr. C. Johnsonasked the Minister of Transport if he will arrange to give as much publicity to his decisions under Section 153 of the Town and Country Planning Act, 1962, where an order for the stopping up of a right of way is not made, as he now does in cases where it is.
§ Mr. MarplesYes, Sir.