[119D Diversion of certain highways for protection of sites of special scientific interest]

[119D  Diversion of certain highways for protection of sites of special scientific interest]

[(1)     Subsection (3) below applies where, on an application made in accordance with this section by the appropriate conservation body, it appears to a council, as respects any relevant highway for which they are the highway authority and which is in, forms part of, or is adjacent to or contiguous with, a site of special scientific interest—

(a)     that public use of the highway is causing, or that continued public use of the highway is likely to cause, significant damage to the flora, fauna or geological or physiographical features by reason of which the site of special scientific interest is of special interest, and

(b)     that it is expedient that the line of the highway, or part of that line should be diverted (whether on to land of the same or another owner, lessee or occupier) for the purpose of preventing such damage.

(2)     In subsection (1) “relevant highway” means—

(a)     a footpath, bridleway or restricted byway,

(b)     a highway which is shown in a definitive map and statement as a footpath, a bridleway or a restricted byway but over which the public have a right of

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