HC Deb 23 October 1968 vol 770 cc1505-7

Lords Amendment No. 154: In page 66, line 15, after Amendment last inserted, insert new Clause "R": R.—(1) Subject to section (Confirmation, validity etc. of orders under two preceding sections) below, a competent authority may by order authorise the stopping up or diversion of any footpath or bridleway if they are satisfied that it is necessary to do so in order to enable development to be carried out—

  1. (a) in accordance with planning permission granted under Part III of the principal Act or the enactments replaced by that Part of the Act; or
  2. (b) by a government department.

(2) The competent authorities for the purposes of this section are—

  1. (a) the local planning authority; and
    2. 1506
  2. (b) in relation to development for which planning permission was granted by another authority to whom had been delegated the power of granting it, that other authority.

(3) An order under this section may, if the competent authority are satisfied that it should do so, provide—

  1. (a) for the creation of an alternative highway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing highway for such use;
  2. (b) for authorising or requiring works to be carried out in relation to any footpath or bridleway for whose stopping up or diversion, creation or improvement, provision is made by the order;
  3. (c) for the preservation of any rights of statutory undertakers in respect of apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across any such footpath or bridleway;
  4. (d) for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.

(4) The powers of a competent authority under this section shall include power to make an order authorising the stopping up or diversion of a footpath or bridleway which is temporarily stopped up or diverted under any other enactment.

(5) Section 32(1) and (2) of the Mineral Workings Act 1951 (power of Ministers to make temporary order for stopping-up or diversion of highway in connection with working of surface minerals) shall apply to an order made by a competent authority under this section as it applies to an order made by a Minister under section 153 of the principal Act, with the substitution—

  1. (a) for references to Ministers of references to a competent authority for the purposes of this section; and
  2. (b) for the reference in subsection (2) to section 153(3) of the principal Act, of a reference to subsection (3) of this section."

Mr. Skeffington

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

This Amendment, which will be seen in relation to the next following new Clause, Extinguishment of footpaths etc. over land held for planning purposes", gives effect to an undertaking which was made during Third Reading of the Countryside Bill.

This new Clause reflects the powers of Section 153 of the 1962 Act. It empowers the local planning authority, or an authority granting planning permission by virtue of delegated powers, to make orders stopping up or diverting footpaths or bridleways for the reasons for which the Minister can make such orders under Section 153. I think that the provisions follow from this. It is a transfer from one power to another.

Question put and agreed to.

S.—(1) Subject to section (Confirmation, validity etc. of orders under two preceding sections) below, where any land has been acquired or appropriated for planning purposes and is for the time being held by a local authority for the purposes for which it was acquired or appropriated, the authority may by order extinguish any public right of way over the land, being a footpath or bridleway, if they are satisfied that an alternative right of way has been or will be provided, or that the provision of the alternative right of way is not required.
10 (2) Any reference in subsection (1) above to the acquisition of land for planning purposes is a reference to the acquisition thereof under section 68 or 71 of the principal Act or section 26 of this Act; and any reference to the appropriation of land for planning purposes is a reference to the appropriation thereof for purposes for which land can, or could have been, acquired under those sections.
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Read a Second time.

Mr. Channon

I beg to move as an Amendment to the Lords Amendment, in line 8, leave out "or will be".

Mr. Speaker

I suggest that we take the two Amendments and the Lords Amendment together.

Mr. Channon

I am sure that it is sensible to take these two Amendments together.

New Clause "S" provides for the extinguishment of footpaths etc. over land held for planning purposes. At present the new Clause provides, …the authority may by order extinguish any public right of way over the land, being a footpath or bridleway, if they are satisfied that an alternative right of way has been or will be provided…. My hon. Friend the Member for Hemel Hempstead (Mr. Allason) has pointed out that this provision is far too vague, and that there ought to be some duty placed on the authority to satisfy itself, not only that an alternative right of way will be provided, but that it will be provided within a reasonable time, before it extinguishes any public right of way under the provisions of the new Clause. It is far too vague to say that an alternative right of way will be provided at some distant date in the future.

1.45 a.m.

I hope that the hon. Gentleman will accept the Amendment which will, I think, make sure that the local authority