The Borough of Poole (Poole Harbour Opening Bridges) Order 2006

Stopping up of streets and extinguishment of rights

8.—(1) Subject to the provisions of this article, the Council may, in connection with the construction of the authorised works, stop up Wilkins Way in the Borough of Poole within the limits of deviation for the scheduled works.

(2) Wilkins Way shall not be wholly or partly stopped up under this article unless either—

(a) the scheduled works have been completed to the reasonable satisfaction of the street authority and are open for use; or

(b) a temporary alternative route for the passage of such traffic as could have used Wilkins Way is first provided and thereafter maintained by the Council, to the reasonable satisfaction of the street authority, between the commencement and termination points of the street to be stopped up until completion of the new street in accordance with sub-paragraph (a).

(3) Where Wilkins Way has been stopped up under this article—

(a) all rights of way over or along that part of Wilkins Way so stopped up shall be extinguished; and

(b) the Council may appropriate and use for the purposes of the authorised works so much of the site of Wilkins Way as is bounded on both sides by land owned by the Council.

(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) This article is subject to paragraph 2 of Schedule 8 to this Order.