The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

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

16.—(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 columns (1) and (2) of Parts 1, 2, 3 and 4 of Schedule 4 (permanent stopping up of highways and private means of access and provision of new highways and private means of access) to the extent specified and described in column (3) of those Parts of that Schedule.

(2) No street or private means of access specified in columns (1) and (2) of Parts 2 and 4 of Schedule 4 (being a street or private means of access to be stopped up for which a substitute is to be provided) 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) of those Parts of that Schedule, has been completed to the reasonable satisfaction of the street authority or local highway 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 or local highway authority, between the commencement and termination points for the stopping up of the highway, street or private means of access until the completion and opening of the new highway, street or private means of access in accordance with sub-paragraph (a).

(3) No street or private means of access specified in columns (1) and (2) of Parts 1 and 3 of Schedule 4 (being a street or private means of access to be stopped up for which no substitute is to be provided) 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 highway, 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;

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

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

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

(5) On and after a date to be determined by the undertaker, the owners and occupiers of land which is accessed along the tracks and other accesses to be created on Order Land and listed in column (4) of Part 4 Schedule 4, are entitled to access that land at all times with or without vehicles across or along those tracks and other accesses.

(6) The date to be determined under paragraph (5) must not be later than the date on which the private means of access listed in column (2) of Part 4 of Schedule 4 is stopped up.

(7) In paragraph (5), “owners and occupiers of land” includes their agents and contractors and any person who has the permission of the owner or occupier to access the land.

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

(a) all rights of way over or along the highway, 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 highway, street or private means of access as is bounded on both sides by land owned by the undertaker.

(9) The undertaker may, in connection with the carrying out of the authorised development, alter the private means of access specified in column (1) of Part 5 (alterations to private means of access) of Schedule 4 as specified in column (2) of that Part.

(10) 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.

(11) This article is subject to article 36 (apparatus and rights of statutory undertakers in stopped up streets).

Commencement Information

I1 Art. 16 in force at 19.2.2021, see art. 1