S.257 Town and Country Planning Act 1990

What is it?

Where planning permission is granted by the local planning authority or by the Secretary of State, the relevant local planning authority may make an order under section 257 Town and Country Planning Act 1990 if that authority is satisfied that it is necessary to divert or extinguish the path in order to enable development to be carried out. Orders under this section can be made in respect of footpaths, bridleways or restricted byways.

How does it work?

Section 257 says,

“(1) Subject to section 259, a competent authority may by order authorise the stopping up or diversion of any 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—
     (a) in accordance with planning permission granted under Part III or section 293A Parts 3 or 13, or
     (b) by a government department.

(2) An order under this section may, if the competent authority are satisfied that it should do so, provide—
     (a) for the creation of an alternative highway for use as a replacement for the one authorised by the order to be stopped up or diverted, or for the improvement of an existing highway for such use;
     (b) for authorising or requiring works to be carried out in relation to any footpath, bridleway or restricted byway for whose stopping up or diversion, creation or improvement provision is made by the order;
     (c) 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 any such footpath, bridleway or restricted byway;
     (d) for requiring any person named in the order to pay, or make contributions in respect of, the cost of carrying out any such works.”