Article 17 Permanent closure and diversion of, and creation of new public rights of way and authorising vehicular use on public rights of wayI1

England and Wales As made

(1)

Subject to paragraph (2) the undertaker may, for the purposes of the authorised development, permanently stop up public footpath 2 within the London Borough of Bexley between the points L and H on the access and rights of way plan.

(2)

The undertaker must not permanently stop up the public right of way referred to in paragraph (1) until—

(a)

the relevant highway authority has agreed the route for a substitute footpath between points H and L on the access and rights of way plan;

(b)

the landscape, biodiversity, access and recreation delivery strategy which relates to the land on which the substitute public rights of way is to be provided has been approved under requirement 12 (landscape, biodiversity, access and recreation delivery strategy); and

(c)

the undertaker has provided a substitute public right of way along the route agreed by the relevant highway authority under sub-paragraph (a).

(3)

The undertaker may, in connection with the authorised development, construct new public footpaths—

(a)

between points B and D on the access and rights of way plan; and

(b)

between points L and M on the access and rights of way plan.

(4)

The undertaker must not exercise the powers in paragraph (3) until the landscape, biodiversity, access and recreation delivery strategy which relates to the land on which the substitute public rights of way is to be provided has been approved under requirement 12 (landscape, biodiversity, access and recreation delivery strategy).

(5)

The undertaker may authorise the use of motor vehicles on—

(a)

the current route of footpath 2 between points H and L on the access and rights of way plan;

(b)

the diverted route of footpath 2 between points H and L on the access and rights of way plan created under paragraph (2);

(c)

any public footpath created under paragraph (3);

(d)

footpath 1 in the London Borough of Bexley between points M and S on the access and rights of way plan;

(e)

footpath 2 in the London Borough of Bexley between points H and S and between points R and H on the access and rights of way plan;

(f)

footpath 3 in the London Borough of Bexley between points A and T on the access and rights of way plan; and

(g)

footpath 4 in the London Borough of Bexley between points C and F on the access and rights of way plan.

(6)

Paragraph (5), and any authorisation given by the undertaker under it constitutes lawful authority for the purposes of section 34 (prohibition on driving mechanically propelled vehicles elsewhere than on roads) of the Road Traffic Act 1988.

(7)

Following the opening for public use of a public right of way that has been constructed, permanently altered or permanently diverted under the powers conferred by this Order, the undertaker must supply the surveying authority with plans showing that public right of way as constructed, permanently altered or permanently diverted together with a statement of the modifications required to the definitive map and statement.

(8)

The plans and statement of modifications to the definitive statement referred to in paragraph (7) are deemed to be an order modifying the definitive map and statement made under section 53(3)(a)^f1 (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981.

(9)

In this article—

(a)

“definitive map and statement” has the meaning given to it by section 53(1) (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981; and

(b)

“surveying authority” has the meaning given to it by section 66(1) (interpretation of Part III)^f2 of the Wildlife and Countryside Act 1981.

Annotations

Commencement

I1: Art. 17 in force at 27.11.2025, see art. 1

Footnotes

f1: Section 53 was amended by Schedule 5 to the Countryside and Rights of Way Act 2000 (c. 37) and by section 70(1) of the Natural Environment and Rural Communities Act 2006 (c. 16).
f2: Section 66 was amended by sections 1, 2 and 7 of, and paragraph 7(6) of Schedule 3 to, the Local Government Act 1985. There are other amendments to this section that are not relevant to this Order.