Section 259 Confirmation of orders made by other authorities.C1

England and Wales

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

s. 259(1) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 142(a)
s. 259(1A) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 142(a)
s. 259(2) words substituted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 142(a)
s. 259(5) omitted by Planning (Consequential Provisions) (Wales) Act 2026 Sch. 1 para. 142(b)

(1)

An order made under section 257 or 258 shall not take effect unless confirmed by the F1appropriate national authority or unless confirmed, as an unopposed order, by the authority who made it.

F2(1A)

An order under section 257(1A) may not be confirmed unless the F3appropriate national authority or (as the case may be) the authority is satisfied—

(a)

that planning permission in respect of the development has been granted, and

(b)

it is necessary to authorise the stopping up or diversion in order to enable the development to be carried out in accordance with the permission.

(2)

The F4appropriate national authority shall not confirm F5any order under section 257(1) or 258 unless satisfied as to every matter as to which the authority making the order are required under section 257 or, as the case may be, section 258 to be satisfied.

(3)

The time specified—

(a)

in an order under section 257 as the time from which a footpath F6, bridleway or restricted byway is to be stopped up or diverted; or

(b)

in an order under section 258 as the time from which a right of way is to be extinguished,

shall not be earlier than confirmation of the order.

(4)

Schedule 14 shall have effect with respect to the confirmation of orders under section 257 or 258 and the publicity for such orders after they are confirmed.

F7(5)

The appropriate national authority, for the purposes of this section, is⁠—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers.

Annotations

Textual amendments

F1: Words in s. 259(1) substituted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 38(3)(a), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b)
F2: S. 259(1A) inserted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 12(4), 35(3)
F3: Words in s. 259(1A) substituted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 38(3)(a), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b)
F4: Words in s. 259(2) substituted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 38(3)(a), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b)
F5: Words in s. 259(2) substituted (25.6.2013) by Growth and Infrastructure Act 2013 (c. 27), ss. 12(5), 35(3)
F6: Words in s. 259(3)(a) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), Sch. 1 Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))
F7: S. 259(5) inserted (6.9.2015 for specified purposes, 16.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 38(3)(b), 58(2)(b)(4)(b); S.I. 2016/52, art. 5(b)

Modifications

C1: Ss. 257-261 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), reg. 2(1), Sch. Pt. 1 (see S.I. 2006/1172, art. 2(a)-(d) (with art. 3) and S.I. 2006/1279, art. 2(a)-(d) (with art. 3))