Paragraph 152 I1

in the Schedule heading, after “1990” insert “and the Planning (Wales) Act 2026”;

in the headings of Parts 1 and 2, after “land” insert “in England”;

after Part 2 insert—

“PART 3

MODIFICATIONS IN RELATION TO LAND IN WALES REFERRED TO IN SECTION 21(2)(A) OR (B)

1

This Part applies where, by virtue of section 21(1A), the provisions of the Planning (Wales) Act 2026 mentioned in this Part apply to land in Wales that is referred to in section 21(2)(a) or (b).

2

Sections 314, 315, 316, 320 and 321 of that Act apply as if the references in those sections to the authority that acquired or appropriated land were references to the special road authority.

3

Section 314(6) applies as if for the words from “any development” to “appropriated” there were substituted “any works in pursuance of the scheme or order, or as the case may be, ensuring that the highway can be safely used as a special road”.

4

Section 315(3) and paragraph 1(3)(c) of Schedule 18 apply as if the references to a local authority or a statutory undertaker included a reference to the special road authority, where it is a strategic highways company or a local highway authority.

5

Section 316(1)(c) and (2)(c) apply as if the references to development to be carried out on the land were references to the works to be carried out by the special road authority or, as the case may be, the effect of the conversion of the highway into a special road.

6

Section 316(4) applies as if the reference to the day the development starts were a reference to the day works commence or, as the case may be, the day the order by means of which the highway is appropriated by or transferred to the special road authority comes into force.

PART 4

MODIFICATIONS IN RELATION TO LAND IN WALES REFERRED TO IN SECTION 21(2)(C)

1

This Part applies where, by virtue of section 21(1A), the provisions of the Planning (Wales) Act 2026 mentioned in this Part apply to land in Wales that is referred to in section 21(2)(c).

2

Sections 314, 315, 317 and 321 of that Act apply as if the references in those sections to the authority that acquired or appropriated land were references to the Welsh Ministers, the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order in question was made.

3

Section 314(6) applies as if for the words from “for the purpose of” to “appropriated” there were substituted “as a consequence of the works in connection with which the stopping up or diversion of the highway is or was authorised”.

4

Section 316(3) and paragraph 1(3)(c) of Schedule 18 apply as if the references to a local authority or a statutory undertaker included a reference to a strategic highways company or a local highway authority.

5

Section 316 applies—

(a)

as if for subsections (1) to (4) there were substituted—

“(1)

This section applies where—

(a)

the stopping up or diversion of a highway is or was authorised by an order under section 14 or 18 of the Highways Act,

(b)

there is apparatus belonging to a statutory undertaker on the land over which the highway subsists or subsisted, and

(c)

the undertaker claims that, for technical or other reasons connected with the carrying on of its undertaking, the works in connection with which the stopping up or diversion of the highway is or was authorised require its apparatus to be removed or re-sited.

(2)

This section also applies where—

(a)

the stopping up or diversion of a highway is or was authorised by an order under section 14 or 18 of the Highways Act 1980,

(b)

there is electronic communications apparatus installed on the land on which the highway subsists or subsisted for the purposes of an electronic communications code network, and

(c)

the operator of the network claims that, for technical or other reasons connected with the provision of the network, the works in connection with which the stopping up or diversion of the highway is or was authorised require its apparatus to be removed or re-sited.

(3)

The undertaker or operator may serve on the Welsh Ministers, the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order was made a notice claiming the rights to enter the land and carry out works specified in the notice for the removal or re-siting of the apparatus.

(4)

A notice under subsection (3) must be served before the end of 21 days beginning with the later of the day the order in question comes into force or the day the works in connection with which the stopping up or diversion of the highway is or was authorised commence.”, and

(b)

as if the references in subsection (9) to the authority that acquired or appropriated land were references to the Welsh Ministers, the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order in question was made.”