Explanatory note

These Regulations amend the Town and Country Planning (Public Path Orders) Regulations 1993 (S.I. 1993/10) (“the 1993 Regulations”) in relation to England, following the enactment of section 257(1A) of the Town and Country Planning Act 1990 (c. 8) (“the 1990 Act”) by section 12 of the Growth and Infrastructure Act 2013 (c. 27).

By section 257(1)(a) of the 1990 Act competent authorities are permitted to make orders authorising the stopping up or diversion of a footpath, bridleway or restricted byway if they are satisfied that it is necessary to do so in order to enable development to be carried out in accordance with planning permission granted under either Part 3 or section 293A of the 1990 Act.

Section 257(1A) now permits competent authorities to stop up or divert a footpath, bridleway or restricted byway where they are satisfied that it would be necessary do so in order to enable development to be carried out in accordance with planning permission for which an application has been made under Part 3 of the 1990 Act, were that application to be granted.

These Regulations provide for an alternative preamble to the draft form of stopping up or diversion Order set out in Form 1 in Schedule 1 to the 1993 Regulations which refers to this new ground for a competent authority to make such an Order.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.