Article 17 Public rights of way – stopping up and vehicular use on public rights of wayI1

England, Wales and Scotland

(1)

Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development—

(a)

permanently stop up each of the public rights of way specified in columns 1 and 2 of Part 1 (public rights of way to be permanently stopped up for which a substitute is to be provided) of Schedule 8 (public rights of way) to the extent specified in column 3 of that Part of that Schedule;

(b)

provide the substitute public rights of way described in column 4 of Part 1 (public rights of way to be permanently stopped up for which a substitute is to be provided) of Schedule 8 (public rights of way) between the specified terminus points and to the standard specified in the RoWAS for the relevant phase of the authorised development;

(c)

temporarily close during the construction, operation and decommissioning of the authorised development each of the public rights of way specified in columns 1 and 2 of Part 2 (public rights of way to be temporarily closed for which a substitute is to be provided) of Schedule 8 (public rights of way) to the extent specified in column 3 of that Part of that Schedule;

(d)

provide the substitute public rights of way described in column 4 of Part 2 (public rights of way to be temporarily closed for which a substitute is to be provided) of Schedule 8 (public rights of way) between the specified terminus points and to the standard specified in the RoWAS for the relevant phase of the authorised development for the period during which the relevant public right of way has been temporarily closed pursuant to paragraph 17(1)(c);

(e)

temporarily close during the construction, operation and decommissioning of the authorised development public rights of way to the extent agreed with the relevant highway authority and provide substitute temporary public rights of way (for the period during which the relevant public right of way has been temporarily closed) between terminus points and on an alignment to be agreed with the relevant highway authority (in both respects agreement not to be unreasonably withheld or delayed);

(f)

stop up each of the public rights of way specified in columns 1 and 2 of Part 3 (public rights of way to be permanently stopped up for which no substitute is to be provided) of Schedule 8 (public rights of way) to the extent specified in column 3 of that Part of that Schedule; and

(g)

for any reasonable time, authorise the use of motor vehicles on classes of public rights of way where there is otherwise no public right to use motor vehicles.

(2)

No public right of way may be stopped up or closed pursuant to paragraph (1)(a) or 17(1)(c) unless the respective substitute public right of way has first been provided pursuant to paragraph (1)(b) or 17(1)(d) to the reasonable satisfaction of the relevant highway authority.

(3)

No public right of way may be closed pursuant to paragraph 17(1)(e) unless the substitute temporary public right of way agreed with the relevant highway authority has been provided to the reasonable satisfaction of the relevant highway authority.

(4)

In respect of any permanent or temporary diversion route provided under paragraph (2) or any temporary diversion route agreed by the relevant highway authority under paragraph (3), the undertaker must provide appropriate clear signage of the permanently diverted or temporarily diverted route.

(5)

Where a public right of way has been stopped up under this article—

(a)

all rights of way over or along the public right of way are extinguished; and

(b)

the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the public right of way as is bounded on both sides by land owned by the undertaker.

(6)

Any person who suffers loss by the suspension or extinguishment of any private rights of way under this article will be entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Annotations

Commencement

I1: Art. 17 in force at 13.11.2025, see art. 1

Notes on the whole SI

Textual amendments

F1: Words in Preamble substituted (6.2.2026) by The Stonestreet Green Solar (Correction) Order 2026 (S.I. 2026/131), art. 1, Sch.