The A47/A11 Thickthorn Junction Development Consent Order 2022

Apparatus in stopped up streets E+W+S

4.—(1) Where any street is stopped up under article 17 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 (removal of apparatus) or the power of the undertaker to carry out works under paragraph 9 (retained apparatus).

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 16 (temporary [F1 stopping up] and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Textual Amendments

F1 Words in Sch. 9 para. 4(2) substituted (31.7.2023) by The A47/A11 Thickthorn Junction Development Consent (Correction) Order 2023 (S.I. 2023/886), art. 1, Sch.

Commencement Information

I1 Sch. 9 para. 4 in force at 4.11.2022, see art. 1