116 Power of magistrates' court to authorise stopping up or diversion of highway
Highways Act 1980 (1980 c 66) | Legislation

Part VIII Stopping Up and Diversion of Highways and Stopping Up of Means of Access to Highways

Stopping up and diversion of highways

116  Power of magistrates' court to authorise stopping up or diversion of highway

(1)     Subject to the provisions of this section, if it appears to a magistrates' court, after a view, if the court thinks fit, by any two or more of the justices composing the court, that a highway (other than a trunk road or a special road) as respects which the [highway] authority have made an application under this section—

(a)     is unnecessary, or

(b)     can be diverted so as to make it nearer or more commodious to the public,

the court may by order authorise it to be stopped up or, as the case may be, to be so diverted.

(2)     . . .

(3)     If an authority propose to make an application under this section for an order relating to any highway (other than a classified road) they shall give notice of the proposal to—

[(a)     if the highway is in a non-metropolitan district, the council of that district;

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