HC Deb 07 February 2002 vol 379 c1088W
Mr. Gummer

To ask the Secretary of State for Transport, Local Government and the Regions if he will list those public highways which have been permanently closed without due process in the last five years. [31977]

Mr. Spellar

We have no record of cases over the last five years of public highways which have been permanently closed without due process.

Mr. Gummer

To ask the Secretary of State for Transport, Local Government and the Regions under what common law powers the police can permanently close a public highway to pedestrian and vehicular access. [31980]

Mr. Spellar

The police do not have powers to close a public highway permanently under common law. They do, however, have powers under section 67 of the Road Traffic Regulation Act 1984 to close a road or restrict its use by vehicles for up to even days in emergencies.

A highway may only be closed permanently by an order made by a magistrates court under section 116 of the Highways Act 1980 or, to facilitate development, by a competent authority under the provisions of sections 247 or 257 of the Town and Country Planning Act 1990.