The Merseytram (Liverpool City Centre to Kirkby) Order 2005

Stopping up of streets and extinguishment of rights

11.—(1) Subject to the provisions of this article Merseytravel may, in connection with the construction of the authorised works, stop up each of the streets specified in column (1) of Parts 1 and 2 of Schedule 5 to this Order to the extent specified, by reference to the letters and numbers shown on the works and land plans, in column (2) of Parts 1 and 2 of that Schedule.

(2) No street specified in column (1) of Part 1 of Schedule 5 to this Order (being a street to be stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this article unless either—

(a) the new street to be substituted for it, and which is specified in relation to it by reference to one of the scheduled works or other works in column (3) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or

(b) a temporary alternative route is first provided and thereafter maintained by Merseytravel 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) No street specified in columns (1) and (2) of Part 2 of Schedule 5 to this Order (being a street to be stopped up for which no substitute is to be provided) shall be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the relevant land; and for this purpose “relevant land” means any land which abuts on either side of the street to be stopped up.

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

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

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

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

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

(5) Where a street has been stopped up under this article—

(a) all rights of way over or along it shall be extinguished; and

(b) Merseytravel may appropriate and use for the purposes of the authorised tram system so much of the site of the street as is bounded on both sides by land owned or appropriated by Merseytravel.

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

(7) This article is subject to paragraph 2 of Schedule 11 to this Order.