The National Transport Casework (NTC) team carries out a range of transport casework for the Secretary of State for Transport. The applications and orders cover a wide range of transport functions and fall under a range of acts.
Cycle Tracks Act 1984
Under the Cycle Tracks Act 1984 local highway authorities can make an order to convert a footpath into a cycle track. They can then confirm the order if there are no objections.
Orders that have unresolved objections must be referred to the Secretary of State for Transport to confirm. The Secretary of State for Transport will decide whether to:
- call a public inquiry so an inspector can hear the objections and then report back before a decision is made
- not call a public inquiry and make a decision based on the submitted order and its objections
Highways Act 1980
Applications for local authority orders and cattle grids are made under the Highways Act 1980.
For more information see the Highways Act inspectors reports and decision letters.
Road Traffic Regulation Act 1984
Temporary road orders are made under sections 14 and 16 of the Road Traffic Regulation Act 1984 .
Section 14 – temporary traffic regulation orders
Local highway authorities can make these orders on highways in their area to temporarily prevent or restrict traffic in specified situations. The orders are mainly used when:
- works are going to take place on or next to the highway
- there is a likely danger to public
- there is the possibility of serious damage to the highway
The maximum time limit an order can be made for is 18 months for an all-purpose highway and 6 months for a footpath, bridleway, cycle track or byway.
The authority will need to apply to the Secretary of State for Transport to extend the period of the order beyond the period it was originally made for. They need to provide their reasons, the period of extension and give plans for restoring the highway or any plans for permanently changing the use of the highway.
Requests for extensions to road traffic regulation orders must be received at least 2 weeks before the authorisation is required. The Secretary of State for Transport is unable to authorise an extension to an order if it has already expired.
Section 16 – relevant (special) event orders
Local traffic authorities can make orders to temporarily restrict or close roads to traffic for the purpose of hosting special events, ie sporting, social or entertainment events. A traffic authority can make these orders once, and for up to 3 days, in any calendar year (1 January to 31 December).
Restrictions for special events over and above this that affect the same length of road require approval from the Secretary of State for Transport. Applications for approval must be submitted at least 4 weeks before the authorisation is required.
Town and Country Planning Act 1990 (incorporating changes to application requirements following the Growth & Infrastructure Act 2013)
Sections 247, 248, 249 and 251 of the Town and Country Planning Act 1990 cover:
- stopping up/diversion orders to close or divert highways to allow development
- stopping up/diversion orders to close or divert highways that provide private means of access to premises where these cross or enter the route of a proposed new (or to be improved) highway
- pedestrianisation orders to remove vehicle rights
- rights of way extinguishment orders to remove rights of way over land that local authorities hold for planning purposes
Orders under this section allow the closing or diverting of highways to allow development. The highways involved must include an all-purpose highway (or a part of one). If that is the case then the order may also include footpaths, bridleways or cycle tracks.
If the order would only be for footpaths, bridleways or cycle tracks then an order should be made to the local authority that grant planning permission under section 257 of the act.
Orders under this section allow the closing or diverting of highways that provide private means of access to premises where these cross or enter the route of a proposed new (or to be improved) highway.
Orders under this section allow the removal of vehicle rights on a highway to bring about its pedestrianisation. The application must be made by the local planning authority and there must be agreement that removal of these rights will improve the area’s features. Applications under section 249 are less frequent and must meet particular criteria. Contact the NTC Team to enquire about your proposal’s suitability.
Orders under this section allow the removal of rights of way over land that local authorities hold for planning purposes (carriageways and footways). Where the local council is acquiring the land through compulsory purchase, that order and the 251 order can be processed at the same time. If the outcome is that both orders are confirmed, the local authority must notify the Secretary of State for Transport that the land acquisition has occurred. Until this has been done the section 251 order cannot be made.
National Transport Casework team
Newcastle Business Park
Newcastle upon Tyne
Phone 0207 944 4115