§ '() (1) Before entering into a concession agreement a highway authority shall satisfy itself in accordance with this section that the special road provided for in the agreement is in accordance with national, regional and local environmental land use and transport policies.
§ (2) The requirements of subsection (1) above shall be satisfied if—
- (a) in any case where the route of the special road has been specified by the authority, the authority has published a statement indicating how the road complies with the relevant policies;
- (b) in any case where the need which the road is intended to meet has been identified by the authority, but the route has not been so identified by it—
- (i) the authority has published a statement indicating how the meeting of that transport need through the construction of a road complies with the relevant policies, and
- (ii) the authority has required the concessionaire to publish a statement indicating how his design for the road meets the need identified in the most effective way, and he has published such a statement;
- or
- (c) in any case where the road does not form part of the highway authority's plans or programme, it has required the concessionaire to publish a statement—
- (i) indicating the transport need which the road is intended to meet;
- (ii) explaining how the meeting of that need complies with the relevant policies; and
- (iii) indicating how his design for the road meets the need identified in the most effective way, and he has published such a statement.'.