The Street Works (Registers, Notices, Directions and Designations) Regulations 1992

Regulations 11, 12 and 13

SCHEDULE 1 PROCEDURES FOR DESIGNATIONS AND WITHDRAWAL OF DESIGNATIONS

PART I

Designations of protected streets

1.  Before making a designation of a protected street the street authority shall publish a notice of their intention to make the designation and specifying a time, not less than one month, within which objections may be made, in one or more newspapers circulating in the locality in which the street to which the proposed designation relates is situated.

2.  The street authority shall not later than the date on which the publication required by paragraph 1 above is made serve a copy of that notice on:

(a) every undertaker who the authority know to have apparatus in any street to which the proposed designation refers or who has given notice under section 54 of his intention to execute street works in any such street;

(b) every local authority (other than the street authority) in whose area any street to which the proposed designation relates is situated;

(c) the owners or reputed owners, and the occupiers or reputed occupiers of any land which is adjacent to the street;

(d) where the street is in Greater London, the Traffic Director for London;

(e) any person who has requested the street authority in writing to be given notice of a proposed designation.

3.  If within the specified period no objection is received by the street authority, or if all objections have been withdrawn, that authority may make the designation.

4.  If within that period an objection is received by the street authority from any person on whom a copy of a notice is required to be served under paragraph 2 above or from any other person appearing to the street authority to be affected by the proposed designation and the objection is not withdrawn the street authority shall before making the designation cause a local inquiry to be held.

5.  Where a local inquiry has been held the street authority shall consider the objections and the report of the person who held the inquiry and may make the designation with or without modifications, or may decide not to make the designation, as they think fit.

PART II

Designation of streets with special engineering difficulties and traffic-sensitive streets

6.  Before making a designation of a street either as a street with special engineering difficulties or as a traffic-sensitive street the street authority shall give notice of its proposal specifying a time, not less than one month, within which objections may be made, to:

(a) every undertaker who the authority know to have apparatus in any street to which the proposed designation refers or who has given notice under section 54 of his intention to execute street works in any such street;

(b) every local authority (other than the street authority) in whose area any street to which the proposed designation relates is situated;

(c) where the street is in Greater London, the Traffic Director for London;

(d) any person who has requested the street authority in writing to be given notice of a proposed designation.

7.  If within the specified period no objection is received by the street authority, or if all objections have been withdrawn, that authority may make the designation.

8.  If within that period an objection is received by the street authority from any person on whom notice is required to be served under paragraph 6 or from any other person appearing to the street authority to be affected by the proposed designation and the objection is not withdrawn the street authority shall before making the designation consider the objection and may make the designation with or without modifications or may decide not to make the designation as they think fit.

PART III

9.  A street authority may at any time withdraw:

(a) the designation of a street as a protected street;

(b) the designation of a street as traffic-sensitive.

10.  Subject to the provisions of paragraph 11 below, a street authority may at any time withdraw the designation of a street as a street with special engineering difficulties.

11.  No withdrawal as mentioned in paragraph 10 above shall occur without prior consultation with the transport authority or undertaker at whose request the designation was made, or without the consent of the Secretary of State where the designation was made in pursuance of a direction by him.

12.  If a street authority withdraws such a designation they shall publish a notice in one or more newspapers circulating in the locality in which the street to which the withdrawn designation related.

13.  The street authority shall ensure that the street works register records the making or withdrawal of a designation within 7 days of the making or withdrawal.

PART IV

14.  In this Schedule:

“designation” means a designation of a street as a protected street within section 61, as a street having special engineering difficulties within section 63, or as traffic-sensitive within section 64.