Article 28 Extinguishment of public rights of wayI1

England, Wales and Scotland

(1)

Subject to paragraph (2), the public rights of way identified in columns (1) to (3) of Parts 1 and 2 of Schedule 4 (permanent stopping up of highways and private means of access & provision of new highways and private means of access) and identified on the rights of way and access plans are to be extinguished on the date of the expiry of the notice given under paragraph (2).

(2)

Prior to the extinguishment of each of the public rights of way identified in columns (1) to (3) of Parts 1 and 2 of Schedule 4 and shown on the rights of way and access plans, the undertaker must—

(a)

erect a site notice at each end of the rights of way to be extinguished no less than 28 days prior to the extinguishment of that right of way; and

(b)

where the public right of way is identified in Part 2 of that Schedule, provide a new highway or a temporary alternative route in accordance with article 17(2) (permanent stopping up and restriction of use of streets and private means of access).

Annotations

Commencement

I1: Art. 28 in force at 13.7.2022, see art. 1