Paragraph 19 De-trunkingI1

England and Wales

(1)

The consent of the Secretary of State pursuant to article 14(7) (classification of roads, etc.) must not be sought until written details of the proposals for the roads to be de-trunked as identified in Part 14 of Schedule 3 has been submitted and approved in writing by the Secretary of State following consultation with the relevant local highway authority and relevant planning authority, such scheme to include—

(a)

drawings and plans showing the proposals;

(b)

details of how the proposals maintain a safe and reliable highway network;

(c)

details of the provision made for non-car transport modes;

(d)

details of how existing accesses will retain access to the de-trunked road;

(e)

details of how existing utilities will be safeguarded;

(f)

details of landscaping and planting;

(g)

details of drainage provision;

(h)

a timetable for implementation of the proposal; and

(i)

the agreement (such agreement not to be unreasonably withheld) of the local highway authority that any highway assets to be transferred to it are in a condition that meets its reasonable satisfaction.

(2)

No application for approval of the scheme under sub-paragraph (1) may be made in respect of proposals which would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(3)

The scheme approved under sub-paragraph (1) must be implemented by the undertaker and in accordance with the approved timetable for implementation, unless otherwise agreed in writing with the Secretary of State following consultation with the relevant local highway authority.

Annotations

Commencement

I1: Sch. 2 para. 19 in force at 9.2.2024, see art. 1