NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 25 Extinguishment by new town commissions of public rights of way.

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NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 25

Extinguishment by new town commissions of public rights of way.

25.(1) Subject to the provisions of this section, a new town commission may,
by an order made with the approval of the Ministry, extinguish any public
right of way which exists over

(a)any land which the new town commission have acquired or have resolved to
acquire; or

(b)any land in the area designated under section 1 as the site of the new
town, where the new town commission are satisfied that the extinguishing of
the right of way is necessary for the proper development of the land.

(2) An order under this section shall be published in the prescribed manner,
and objections to it may be made to the Ministry before the expiration of a
period of six weeks from its publication.

(3) The Ministry may, at any time after the expiration of the said period of
six weeks, approve the order with or without modification or refuse to approve
the order, but shall not, until a local inquiry is held into the matter,
approve an order to which any objection is made in accordance with subsection
(2) and is not withdrawn.

(4) An order under this section shall take effect

(a)in the case of an order under subsection (1)(a), on the date on which the
land is acquired or on such date subsequent thereto as the Ministry in
approving the order may direct; or

(b)in the case of an order under subsection (1)(b), on such date as
the Ministry in approving the order may direct.

(5) An order made under this section may contain any such provision as, by
virtue of section 17(3)(c) of the Roads Act (Northern Ireland) 1948 (retention
or removal of cables, etc.), may be contained in an order made under that
section on the stopping up or abandonment of a road; and subsection (5) of the
said section 17, and section 41 of the said Act of 1948 (Crown rights), shall
apply to an order made under this section as they apply to an order made under
the said section 17, as if for the references therein to the [Ministry] there
were substituted references to the new town commission.

(6) Where, by virtue of subsection (5), by an order made under this section

(a)any person is required to carry out any works; or

(b)any right such as is described in section 17(3)(c) of the said Act of 1948
is extinguished or modified,

(7) If any person who is required by an order made under this section to carry
out any works refuses or, within any reasonable period of time specified in a
notice served upon him by the new town commission for the purposes of this
subsection, fails to do so, the new town commission may carry out those works
and the expenses incurred by them in so doing shall, without prejudice to any
other remedy, but subject always to subsection (6), be recoverable by them
from that person summarily as a debt.

(8) When a new town commission propose to make an order under subsection
(1)(b) with respect to any land, they may enter into an agreement with any
person who has an estate in the land as to the conditions subject to which
the order is to be made, and the agreement may, in particular, make provision
for

(a)the dedication by any such person of any land as a public right of way in
place of the right of way proposed to be extinguished by the order; and

(b)the payment to the new town commission by any such person of sums
equivalent to

(i)any sum payable by the new town commission in relation to the land by way
of compensation under subsection (6); and

(ii)the amount of any costs and expenses reasonably incurred by the
new town commission either in making the order or by reason of the reference
to the Lands Tribunal for Northern Ireland, under subsection (6), of any
question as to compensation such as is referred to in sub-paragraph (i).

(9) The powers conferred by this section shall be in addition to and not in
derogation of any powers for the stopping up or abandonment of roads under
section 17 of the said Act of 1948.

(10) For the purposes of this section a customary right of way shall be deemed
to be a public right of way.

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Northern Irish Legislation

NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 25