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Section 198A Highways affected by development: orders by planning authorities.F1C1

Scotland

(1)

Subject to section 206 of this Act and to subsection (5) below, a planning authority may by order authorise the stopping up diversion of any F2road which is not—

(a)

a trunk road within the meaning of F3the Roads (Scotland) Act 1984; or

(b)

a special road provided by the Secretary of State in pursuance of a scheme under F4that Act,

if they are satisfied as mentioned in section 198(1) of this Act.

(2)

An order under this section—

(a)

may make such provision as appears to the planning authority to be necessary or expedient for the F5construction or improvement of any other road (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) and may direct that the other road so constructed or improved shall be entered by the local roads authority in the list of public roads kept by the local roads authority under section 1 of the Roads (Scotland) Act 1984;

(b)

may contain such incidental and consequential provisions as appear to the planning authority to be necessary or expedient, including in particular—

(i)

provision for authorising the planning authority, or requiring any other authority or person specified in the order, to make such payments, repayments or contributions as are mentioned in F6 paragraph (a) of subsection (3) of section 198 of this Act;

(ii)

such provision as is mentioned in paragraph (b) of that subsection.

(3)

An order may be made under this section authorising the stopping up or diversion of any F7road (not being a trunk road such as is mentioned in paragraph (a), or a special road such as is mentioned in paragraph (b), of subsection (1) above) which is temporarily stopped up or diverted under any other enactment.

(4)

The provisions of this section shall have effect without prejudice to any power conferred on the planning authority by any other enactment to authorise the stopping up or diversion of a road.

(5)

The planning authority shall not make an order under this section without consulting the F8roads authority (in a case where they are themselves not that authority).

Annotations

Textual amendments

F1

S. 198A inserted by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 2 para. 25

F2

Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(i) (with s. 128(1))

F3

Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(ii)

F4

Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(a)(iii) (with s. 128(1))

F5

Word(s) substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(b)(i) (with s. 128(1))

F6

Words repealed by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1)(3), Sch. 9 para. 70(9)(b)(ii), Sch. 11 (with s. 128(1))

F7

Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(c) (with s. 128(1))

F8

Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 70(9)(d) (with s. 128(1))

Modifications

C1

S. 198A extended by Mineral Workings Act 1951 (c. 60, SIF 86), s. 32 as substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 41(1) (with ss. 128(1), 156(1), Sch. 9 para. 41(2))

Notes on the whole Act

Textual amendments

F1

Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)