Article 18 Extinction of rights of way

(1)

Subject to the provisions of this Order, the undertaker may stop up so much of any footpath or bridleway as lies between—

(a)

the points marked “A”, “B” and “C” on the deposited plans and may substitute therefor a public footpath between those points and create a public bridleway between the points marked “C” and “CC” on the deposited plans;

(b)

the points marked “L”, “E” and “F” on the deposited plans;

(c)

the points marked “D” and “E” on the deposited plans and may substitute therefor a new public footpath between the points marked “D” and “F” in the position shown on the deposited plans;

(d)

the points marked “G” and “H” on the deposited plans and may substitute therefor a new public bridleway between the points marked “G”, “K” and “I” in the position shown on the deposited plans;

(e)

the points marked “jj” and “mm” on the deposited plans and may substitute therefor a new public footpath between the points marked “jj”, “nn” and “mm” in the position shown on the deposited plans;

(f)

the points marked “J” and “M” on the deposited plans and may substitute a public footpath between the points marked “J” and “M”, following the adjacent route marked “Path (um)” on the deposited plans;

(g)

the points marked “N”, “P”, “Q”, “R” and “S” on the deposited plans and may substitute therefor public footpaths between the points marked “N”, “P” and “Q”, between the points marked “R” and “S” and the points marked “Q” and “R”; and

(h)

the points marked “T” and “W” on the deposited plans and may substitute therefor a new public footpath on the north-west side of the railway.

(2)

The undertaker shall not stop up any footpath or bridleway referred to in paragraphs (a) or (c) to (h) above until the substitute public footpath or bridleway in question has been completed to the reasonable satisfaction of the highway authority and is open for use.

(3)

All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished—

(a)

as from the acquisition of the land by the undertaker, whether compulsorily or by agreement, or

(b)

on the entry on the land by the undertaker under section 11(1) of the Act of 1965,

whichever is the sooner.

(4)

Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.

(5)

This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990^f1 (extinguishment of rights of statutory undertakers, etc.) applies.

Annotations

Footnotes

f1: 1990 c. 8.