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Section 256 Power to apply for orders extinguishing right to use vehicles on highway.

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A local housing authority who have declared a general improvement area may exercise the powers of a local planning authority under F1sections 249 and 250 of the Town and Country Planning Act 1990 (extinguishment of right to use vehicles on certain highways) with respect to a highway in that area notwithstanding that they are not the local planning authority, but subject to the following provisions.

(2)

The local housing authority shall not make an application under F2subsection (2) or (6) of section 249 (application to Secretary of State to make or revoke order extinguishing right to use vehicles) except with the consent of the local planning authority.

(3)

If the local housing authority are not also the highway authority, any such application made by them shall in the first place be sent to the highway authority who shall transmit it to the Secretary of State.

(4)

Where an order under F3subsection (2) of section 249 (order extinguishing right to use vehicles) has been made on an application made by a local housing authority by virtue of this section—

(a)

any compensation under subsection (1) of section 250 (compensation for loss of access to highway) is payable by them instead of by the local planning authority, and

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Annotations

Textual amendments

F1

Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 71(1)(a)

F2

Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 71(1)(b)

F3

Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 71(1)(c)

F4

S. 256(4)(b) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I

Notes on Part VIII

Modifications

C1

Pt. VIII (ss. 239–263): by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 98(1) it is provided that the provisions of Part VII of that Act shall have effect in place of Part VIII of this Act