Part X Highways (ss 247-261)
Part X Highways (ss 247-261)

247 Highways affected by development: orders by Secretary of State

(1)     The Secretary of State may by order authorise the stopping up or diversion of any highway [outside Greater London] if he is 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], or

(b)     by a government department.

(2)     Such an order may make such provision as appears to the Secretary of State to be necessary or expedient for the provision or improvement of any other highway [outside Greater London].

[(2A)     The council of a London borough may by order authorise the stopping up or diversion of any highway within the borough, or within another London borough if the council of that borough consents, if it is 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], or

(b)     by a government department.

(2B)     Such an order may make such provision as appears to the council to be necessary or expedient for the provision or improvement of any other highway within the borough.]

(3)     [An order under subsection (1) or (2A)] may direct—

(a)     that any highway provided or improved by virtue of it shall for the purposes of the Highways Act 1980 be a highway maintainable at the public expense;

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