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Section 256: Telecommunication apparatus: orders by Secretary of State.

Town and Country Planning Act 1990 · 1990 c. 8View on legislation.gov.uk

Part X: Highways

Where—

in pursuance of an order under section 247, 248 or 249 a highway is stopped up or diverted or, as the case may be, any right to use vehicles on that highway is extinguished; and
immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network,

the operator of that network shall have the same powers in respect of the apparatus as if the order had not come into force.

Notwithstanding subsection (1), any person entitled to land over which the highway subsisted shall be entitled to require the alteration of the apparatus.

Where—

any such order provides for the improvement of a highway for which the Secretary of State is not the highway authority, and
immediately before the date on which the order came into force there was under, in, on, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network ,the ... highway authority shall be entitled to require the alteration of the apparatus.

Subsection (3) does not have effect so far as it relates to the alteration of any apparatus for the purpose of major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991.

Paragraph 108(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of this section as it applies for the purposes of that code.

Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.