HC Deb 23 October 1968 vol 770 cc1504-5

Lords Amendment No. 153: In page 66, line 15, after the Amendment last inserted, insert new Clause "Q": Q.—(1) Where in relation to a highway an order has been made under subsection (2) of section (Conversion of highway into footpath or bridleway) of this Act, a competent authority may carry out and maintain any such works on or in the highway, or place on or in it any such objects or structures, as appear to them to be expedient for the purposes of giving effect to the order or of enhancing the amenity of the highway and its immediate surroundings or to be otherwise desirable for a purpose beneficial to the public. (2) The powers exercisable by a competent authority under this section shall extend to laying out any part of the highway with lawns, trees, shrubs and flower-beds and to providing facilities for recreation or refreshment. (3) A competent authority may so exercise their powers under this section as to restrict the access of the public to any part of the highway, but shall not so exercise them as—

  1. (a) to prevent persons from entering the highway at any place where they could enter it before the order under section (Conversion of highway into footpath or bridleway) was made; or
  2. (b) to prevent the passage of the public along the highway; or
  3. (c) to prevent normal access by pedestrians to premises adjoining the highway; or
  4. (d) to prevent any use of vehicles which is permitted by an order made under the said section (Conversion of highway into footpath or bridleway) and applying to the highway; or
  5. (e) to prevent statutory undertakers from having access to any works of theirs under in, on, over, along or across the highway
(4) An order under subsection (8) of the said section (Conversion of highway into footpath or bridleway) may make provision requiring the removal of any obstruction of the highway resulting from the exercise by a competent authority of their powers under this section. (5) The competent authorities for the purposes of this section are—
  1. (a) the councils of counties, county boroughs and county districts; and
  2. (b) in Greater London, the Greater London Council and the councils of London boroughs;
but such an authority shall not exercise any powers conferred by this section unless they have obtained the consent of the local planning authority and the highway authority (in a case where they are themselves not that authority).

Mr. Skeffington

I beg to move, That this House doth agree with the Lords in the said Amendment.

The purpose of the new Clause is to empower local authorities to carry out on highways which have been converted to footpaths or bridleways by order under the preceding new Clause "P" that sort of minor works which are appropriate where a pedestrian precinct has been created. This could provide for structures which are specified in either subsections (1) or (2).

There is the safeguard that the placing of objects and structures on the highway must be done so that it does not block off the highway to pedestrians.

Subsection (4) makes it clear that if an order converting a highway into a footpath or bridleway is revoked, the previously existing rights must be restored.

Question put and agreed to.