Section 247 Highways affected by development: orders by Secretary of State.

England and Wales

(1)

The Secretary of State may by order authorise the stopping up or diversion of any highway F1outside Greater London if he is satisfied that it is necessary to do so in order to enable development to be carried out—

(a)

in accordance with planning permission granted under ~~F2Part III~~ ~~F3or section 293A~~ Parts 3 or 13, or

(b)

by a government department.

(2)

Such an order may make such provision as appears to the Secretary of State to be necessary or expedient for the provision or improvement of any other highway F4outside Greater London.

F5(2A)

The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is satisfied that it is necessary to do so in order to enable development to be carried out—

(a)

in accordance with planning permission granted under Part III or F6Part 13, or

(b)

by a government department.

(2B)

Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.

(3)

F7An order under subsection (1) or (2A) may direct—

(a)

that any highway provided or improved by virtue of it shall for the purposes of the M1Highways Act 1980 be a highway maintainable at the public expense;

(b)

that the Secretary of State, F8a strategic highways company, or any county council, F9county borough council, metropolitan district council or London borough council specified in the order or, if it is so specified, the Common Council of the City of London, shall be the highway authority for that highway;

(c)

in the case of a highway for which the Secretary of State F10or a strategic highways company is to be the highway authority, that the highway shall, on such date as may be specified in the order, become a trunk road within the meaning of the Highways Act 1980.

F11(3A)

An order under subsection (2A) may not provide that—

(a)

the Secretary of State,

(F12aa)

a strategic highways company,

(b)

Transport for London, or

(c)

a London borough other than the one whose council is making the order,

shall be the highway authority for a highway unless the Secretary of State, F13the strategic highways company, Transport for London or the council, as the case may be, so consents.

(4)

An order made under this section may contain such incidental and consequential provisions as appear to the Secretary of State F14or the council of the London borough to be necessary or expedient, including in particular—

(a)

provision for authorising the Secretary of State or the council of the London borough, or requiring any other authority or person specified in the order—

(i)

to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is attributable to the doing of any such work; or

(ii)

to repay, or to make contributions in respect of, any compensation paid by the highway authority in respect of restrictions imposed under section 1 or 2 of the M2Restriction of Ribbon Development Act 1935 in relation to any highway stopped up or diverted under the order;

(b)

provision for the preservation of any rights of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to which the order relates.

(5)

An order may be made under this section authorising the stopping up or diversion of any highway which is temporarily stopped up or diverted under any other enactment.

(6)

The provisions of this section shall have effect without prejudice to—

(a)

any power conferred on the Secretary of State F15or a London borough by any other enactment to authorise the stopping up or diversion of a highway;

(b)

the provisions of Part VI of the M3Acquisition of Land Act 1981; or

(c)

the provisions of section 251(1).

Annotations

Textual amendments

F1: Words in s. 247(1) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. 1
F2: Words in s. 247(1)(a) substituted (26.12.2023 for specified purposes, 1.5.2025 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(3), Sch. 10 para. 4 (with s. 247); S.I. 2025/430, reg. 2(b)
F3: Words in s. 247(1)(a)(2A)(a) inserted (7.6.2006) by The Planning and Compulsory Purchase Act 2004 (Commencement No. 9 and Consequential Provisions) Order 2006 (S.I. 2006/1281), art. 5(b)
F4: Words in s. 247(2) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch
F5: S. 247(2A)(2B) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F6: Words in s. 247(2A)(a) substituted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 13(9)
F7: Words in s. 247(3) substituted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F8: Words in s. 247(3)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 104(2)(a); S.I. 2015/481, reg. 2(a)
F9: Words in s. 247(3)(b) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 24(9) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F10: Words in s. 247(3)(c) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 104(2)(b); S.I. 2015/481, reg. 2(a)
F11: S. 247(3A) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F12: S. 247(3A)(aa) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 104(3)(a); S.I. 2015/481, reg. 2(a)
F13: Words in s. 247(3A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 104(3)(b); S.I. 2015/481, reg. 2(a)
F14: Words in s. 247(4) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(7) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.
F15: Words in s. 247(6)(a) inserted (3.7.2000) by 1999 c. 29, s. 270, Sch. 22 para. 3(8) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch.

Marginal citations

M1: 1980 c. 66.
M2: 1935 c. 67.
M3: 1981 c. 67.