Commentary on Sections Schedule 2: Modification or discharge of affordable housing requirements: related amendments Section 12: Stopping up and diversion of public paths
67.This section amends section 257 of the 1990 Act. Section 257 currently enables an order authorising the stopping up or diversion of footpaths (and certain other paths) where this is necessary in order to enable development to be carried out in accordance with planning permission (or by a Government department). The amendment enables an order stopping up or diverting a public path to be made in anticipation of planning permission. The section also amends section 259 of the 1990 Act so that the competent authority or Secretary of State may not confirm a stopping up or diversion order until planning permission has actually been granted. It also amends section 259 so that the competent authority or Secretary of State may not confirm an order unless satisfied that it is necessary to enable the development to be carried out. This section applies to England only.