The A63 (Castle Street Improvement, Hull) Development Consent Order 2020

PART 3 E+W STREETS

Application of the 1991 Act E+W

9.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or

(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 M1 (dual carriageways and roundabouts) of the 1980 Act or section 184 M2 (vehicle crossings over footways and verges) of that Act.

(2) In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker.

(3) The following provisions of Part 3 the 1991 Act do not apply in relation to any works executed under the powers of this Order—

• section 56 M3 [F1 (power to give directions as to timing of street works)];

• section 56A M4 (power to give directions as to placing of apparatus);

• section 58 M5 [F2 (restrictions on works following substantial road works)];

• section 58A M6 (restriction on works following substantial street works);

• section 73A M7 (power to require undertaker to re-surface street);

• section 73B M8 (power to specify timing etc. of re-surfacing);

• section 73C M9 (materials, workmanship and standard of re-surfacing);

• section 78A M10 (contributions to costs of re-surfacing by undertaker); and

• Schedule 3A M11 (restriction on works following substantial street works).

(4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 12 (temporary stopping up and restriction of use of streets), whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act M12 referred to in paragraph (4) are—

• section 54 M13 (advance notice of certain works), subject to paragraph (6);

• section 55 M14 (notice of starting date of works), subject to paragraph (6);

• section 57 M15 (notice of emergency works);

• section 59 M16 (general duty of street authority to co-ordinate works);

• section 60 (general duty of undertakers to co-operate);

• section 68 (facilities to be afforded to street authority);

• section 69 (works likely to affect other apparatus in the street);

• section 75 (inspection fees);

• section 76 (liability for cost of temporary traffic regulation); and

• section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(7) Nothing in article 10 (construction and maintenance of new, altered or diverted streets and other structures)—

(a) affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and the undertaker is not by reason of any duty under that article to maintain a street, to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

(b) has effect in relation to maintenance works which are street works within the meaning of the 1991 Act, as respects which the provisions of Part 3 of the 1991 Act apply.

Textual Amendments

F1 Words in art. 9(3) substituted (29.10.2020) by The A63 Castle Street Improvement Hull (Correction) Order 2020 (S.I. 2020/1184), arts. 1, 2(3)(a)

F2 Words in art. 9(3) substituted (29.10.2020) by The A63 Castle Street Improvement Hull (Correction) Order 2020 (S.I. 2020/1184), arts. 1, 2(3)(b)

Commencement Information

I1 Art. 9 in force at 18.6.2020, see art. 1

Marginal Citations

M1 Section 64 was amended by section 102 of, and Schedule 17 to the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to the 1991 Act.

M2 Section 184 was amended by section 4 of, and Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and Schedule 8 to the 1991 Act and by sections 35, 38 and 46 of the Criminal Justice Act 1982 (c. 48).

M3 Section 56 was amended by sections 40 and 43 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

M4 Section 56A was inserted by section 44 of the Traffic Management Act 2004.

M5 Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the Traffic Management Act 2004.

M6 Section 58A was inserted by section 52 of the Traffic Management Act 2004.

M7 Section 73A was inserted by section 55 of the Traffic Management Act 2004.

M8 Section 73B was inserted by section 55 of the Traffic Management Act 2004.

M9 Section 73C was inserted by section 55 of the Traffic Management Act 2004.

M10 Section 78A was inserted by section 57 of the Traffic Management Act 2004.

M11 Schedule 3A was inserted by section 52 of, and Schedule 4 to the Traffic Management Act 2004.

M12 Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

M13 Section 54 was also amended by section 49(1) of the Traffic Management Act 2004.

M14 Section 55 was also amended by sections 49(2) and 51(9) of the Traffic Management Act 2004.

M15 Section 57 was also amended by section 52(3) of the Traffic Management Act 2004.

M16 Section 59 was amended by section 42 of the Traffic Management Act 2004.

Construction and maintenance of new, altered or diverted streets and other structures E+W

10.—(1) Subject to paragraph (3), any street (other than a trunk road) to be constructed under this Order must be completed to the reasonable satisfaction of the local highway authority in whose area the street lies and, unless otherwise agreed in writing with the local highway authority, must be maintained by and at the expense of the local highway authority from its completion.

(2) Where a street (other than a trunk road) is altered or diverted under this Order, the altered or diverted part of the street must, when completed to the reasonable satisfaction of the street authority in whose area the street lies and, unless otherwise agreed in writing with the local street authority, be maintained by and at the expense of the local street authority from its completion.

(3) In the case of a bridge constructed under this Order to carry a highway (other than a trunk road) over a trunk road, the highway surface (being those elements over the waterproofing membrane) must be maintained by and at the expense of the local highway authority and the remainder of the bridge, including the waterproofing membrane and structure below, must be maintained by and at the expense of the undertaker.

(4) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(5) For the purposes of a defence under paragraph (4), the court must in particular have regard to the following matters—

(a) the character of the street and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the street;

(d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

(e) where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

Commencement Information

I2 Art. 10 in force at 18.6.2020, see art. 1

Classification of roads, etc. E+W

11.—(1) On the date on which the roads described in Parts 1 and 2 of Schedule 3 (classification of roads, etc.) are completed and open for traffic—

(a) the roads described in columns (1) and (2) of Part 1 (trunk roads) of Schedule 3 are to become trunk roads as if they had become so by virtue of an order under section 10(2) (general provision as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads;

(b) the roads described in column (1) of Part 2 (other road classifications) of Schedule 3 take the classification specified in column (3) of that Part, to the extent described in column (2) of that Part; and

(c) the roads given a classification in column (3) of Part 2 of Schedule 3 are to be classified roads for the purpose of any enactment or instrument which refers to highways classified as classified roads, as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act.

(2) From the date on which the roads specified in Part 3 (roads subject to 30 miles per hour limit) of Schedule 3 are open for traffic, no person is to drive any motor vehicle at a speed exceeding 30 miles per hour in the lengths of road identified in that Part of that Schedule.

(3) From the date on which the roads specified in Part 4 (roads subject to 40 miles per hour limit) of Schedule 3 are open for traffic, no person is to drive any motor vehicle at a speed exceeding 40 miles per hour in the lengths of road identified in that Part of that Schedule.

(4) From the date on which the road specified in column (1) of Part 5 (road subject to one way restriction) of Schedule 3 is open for traffic it will be subject to one way restrictions to the extent specified in column (2) of that Part of that Schedule.

(5) From the date on which the roads specified in column (1) of Part 6 (roads subject to two way traffic) of Schedule 3 are completed and open for traffic their one way restrictions will be removed to the extent specified in column (2) of that Part of that Schedule.

(6) From the date on which the roads specified in column (1) of Part 7 (roads subject to prohibition of parking – no waiting or loading at any time) of Schedule 3 are open for traffic they will be subject to the restrictions to the extent specified in column (2) of that Part of that Schedule.

(7) Unless otherwise agreed with the relevant planning authority, the cycle tracks and footways specified in column (2) of Part 8 (cycle tracks and footways) of Schedule 3 and as identified on the rights of way and access plans are to be constructed by the undertaker in the specified locations and open for use no later than the date on which the authorised development is open for traffic.

(8) Unless otherwise agreed with the relevant land owner, the private means of access specified in column (2) of Part 9 (private means of access) of Schedule 3 and as identified on the rights of way and access plans are to be constructed by the undertaker in the specified locations and open for use no later than the date on which the authorised development is open for traffic.

(9) Unless otherwise agreed with the relevant land owner, the public rights of way specified in column (2) of Part 10 (public rights of way) of Schedule 3 and as identified on the rights of way and access plans are to be constructed by the undertaker and open for use no later than the date on which the authorised development is open for traffic.

(10) Unless otherwise agreed with the relevant planning authority the uncontrolled crossing specified in column (2) of Part 11 (uncontrolled crossing) of Schedule 3 and as identified on the non-motorised user route plans are to be constructed by the undertaker in the specified locations and open for use no later than the date on which the authorised development is open for traffic.

(11) The application of paragraphs (1) to (10) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters.

Commencement Information

I3 Art. 11 in force at 18.6.2020, see art. 1

Temporary stopping up and restriction of use of streets E+W

12.—(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter, divert or restrict the use of any street and may for any reasonable time—

(a) divert the traffic from the street; and

(b) subject to paragraph (3), prevent all persons from passing along the street.

(2) Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily stopped up or restricted under the powers conferred by this article and which is within the Order limits as a temporary working site.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration, diversion or restriction of a street under this article if there would otherwise be no such access.

(4) The undertaker must not temporarily stop up, alter, divert or restrict any street for which it is not the street authority without the consent of the street authority, which may attach reasonable conditions to any consent but such consent must not be unreasonably withheld or delayed.

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

(6) If a street authority which receives an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent.

Commencement Information

I4 Art. 12 in force at 18.6.2020, see art. 1

Permanent stopping up and restriction of use of streets and private means of access E+W

13.—(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in column (2) of Parts 1 and 2 of Schedule 4 (permanent stopping up of streets and private means of access), and column (1) of Parts 3 and 4 of that Schedule to the extent specified and described in column (3) of Parts 1 and 2 of that Schedule and column (2) of Parts 3 and 4 of that Schedule.

(2) No street or private means of access specified in column (2) of Part 1 and column (1) of Part 3 of Schedule 4 is to be wholly or partly stopped up under this article unless—

(a) the new street or private means of access to be constructed and substituted for it, which is specified in column (4) or (3) of those Parts of that Schedule respectively, has been completed to the reasonable satisfaction of the street authority and is open for use; or

(b) a temporary alternative route for the passage of such traffic as could have used the street or private means of access to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street or private means of access until the completion and opening of the new street or private means of access in accordance with sub-paragraph (a).

(3) No street or private means of access specified in column (2) of Part 2 of Schedule 4 or column (1) of Part 4 of that Schedule is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street or private means of access to be stopped up.

(4) The condition referred to in paragraph (3) is that—

(a) the undertaker is in possession of the land; or

(b) there is no right of access to the land from the street or private means of access concerned; or

(c) there is reasonably convenient access to the land otherwise than from the street or private means of access concerned; or

(d) the owners and occupiers of the land have agreed to the stopping up.

(5) Where a street or private means of access has been stopped up under this article—

(a) all rights of way over or along the street or private means of access so stopped up are extinguished; and

(b) the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the street or private means of access as is bounded on both sides by land owned by the undertaker.

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

(7) This article is subject to article 32 (apparatus and rights of statutory undertakers in stopped up streets).

Commencement Information

I5 Art. 13 in force at 18.6.2020, see art. 1

Access to works E+W

14.  The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.

Commencement Information

I6 Art. 14 in force at 18.6.2020, see art. 1

Clearways E+W

15.—(1) From the date on which the roads described in Part 1 of Schedule 3 (classification of roads, etc.) are open for traffic, except as provided in paragraph (2), no person is to cause or permit any vehicle to wait on any part of those roads, other than a lay-by, except upon the direction of, or with the permission of, a uniformed constable or uniformed traffic officer.

(2) Nothing in paragraph (1) may apply—

(a) to render it unlawful to cause or permit a vehicle to wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i) the removal of any obstruction to traffic;

(ii) the maintenance, improvement, reconstruction or operation of the road;

(iii) the laying, erection, maintenance or renewal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any electronic communications apparatus as defined in Schedule 3A (the electronic communications code) to the Communications Act 2003 M17 ; or

(iv) any building operation or demolition;

(b) in relation to a vehicle being used—

(i) for police, ambulance, fire and rescue authority or traffic officer purposes;

(ii) in the service of a local authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

(iii) in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991 M18 ; or

(iv) by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Service Act 2000 M19 ; or

(c) in relation to a vehicle waiting when the person in control of it is—

(i) required by law to stop;

(ii) obliged to stop in order to avoid an accident; or

(iii) prevented from proceeding by circumstances outside the persons control.

(3) No person is to cause or permit any vehicle to wait on any part of the roads described in Part 1 of Schedule 3 for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

(4) Paragraphs (1), (2) and (3) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

(5) In this article, “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the Traffic Management Act 2004 M20 .

Commencement Information

I7 Art. 15 in force at 18.6.2020, see art. 1

Marginal Citations

M17 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

M18 1991 c. 56.

M19 2000 c. 26.

M20 2004 c. 18.

Traffic regulation E+W

16.—(1) This article applies to roads in respect of which the undertaker is not the traffic authority.

(2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(c) authorise the use as a parking place of any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3) The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

(4) The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

(5) The undertaker must not exercise the powers conferred by paragraph (2) unless it has—

(a) given not less than—

(i) 12 weeks' notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) 4 weeks' notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker's intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker's intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by the undertaker under paragraph (2)—

(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 M21 (power of local authorities to provide parking spaces) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004 M22 .

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months from the opening of the authorised development.

(8) Before exercising the powers of paragraph (2) the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person.

(9) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(10) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(11) If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent.

Commencement Information

I8 Art. 16 in force at 18.6.2020, see art. 1

Marginal Citations

M21 Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.

M22 2004 c. 18.