The Millbrook Gas Fired Generating Station Order 2019

Stopping up of Streets E+W+S

12.—(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 specified in columns (1) and (2) of Schedule 7 (streets to be stopped up for which a substitute is to be provided) to the extent specified, by reference to the letters and numbers shown on the rights of way, streets and access plan, in column (3) of those Parts of that Schedule.

(2) No street specified in columns (1) and (2) of Schedule 7 shall be wholly or partly stopped up under this article unless-

(a) the new street to be substituted for it, which is specified in column (4) 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 for the passage of such traffic as could have used the street 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 until the completion and opening of the new street in accordance with sub-paragraph (a).

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

(a) all rights of way over or along the street so stopped up shall be extinguished; and

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

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

(5) This article is subject to article 30 (apparatus and rights of statutory undertakers in streets).

Commencement Information

I1 Art. 12 in force at 3.4.2019, see art. 1