Clause 29.—(TEMPORARY STOPPING UP OF HIGHWAYS.) (Hansard, 29 June 1951)
HC Deb 29 June 1951 vol 489 c1763
Mr. Dalton

I beg to move, in page 23, line 2, at the end, to insert: and for the reconstruction and maintenance of the original highway; and any provision included in the order in accordance with subsection (4) of the said section forty-nine requiring payment to be made in respect of any cost or expenditure under the order may provide for the payment of a capital sum in respect of the estimated amount of that cost or expenditure. This Amendment is designed to deal with the special problems which may arise when a highway or footpath has been temporarily stopped up or diverted in the course of mineral workings, and the first part of the Amendment enables an order made under the Clause to provide for the construction and maintenance of the restored highway. Where the cost of maintaining the restored highway exceeds the cost of maintaining it in its original state, it is only reasonable that the persons in whose interest the stopping up or diversion is carried out should contribute to the increased cost. It may be desirable to commute their contributions to a single capital payment, and the second part of the Amendment enables that to be done.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.

GLOBAL ISLES COURT OF RECORD