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Transport Secretary Justine Greening has published a
consultation on proposed reform of the process for stopping up and
diverting local roads. The aim is to speed up and streamline
the decision making process and to reduce delays suffered by new
developments as a result of separate planning and highways
processes. The consultation follows the Penfold Review of
non-planning consents, and the Government's "red tape
challenge".
The proposals would allow stopping up and diversion orders to be
made in parallel with planning applications. At present,
developers must wait until planning permission has been granted (or
an application has been called-in or an appeal lodged) before
making an application under sections 247, 248 or 253 of
the Highways Act 1980.
The government is also seeking views on whether local planning
or highway authorities should be empowered to determine
applications for stopping up and diversion orders. At
present, outside Greater London, applications are determined by the
Secretary of State. The proposal to devolve powers to local
authorities reflects the localism agenda – giving local
authorities decision making power over issues which affect their
community.
The consultation is open until 24 August 2012, and seeks further
ideas or comments on how the application process for stopping up
and diversion orders can be streamlined and improved. The
consultation document can be found here:
This article was written for Law-Now, CMS Cameron
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and may not have been updated to reflect subsequent
developments.
The original publication date for this article was
18/07/2012.
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