The Medworth Energy from Waste Combined Heat and Power Facility Order 2024

Traffic regulation measures

17.—(1) Subject to the provisions of this article, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with, or in consequence of, the construction of the authorised development, temporarily—

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

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

(c) permit, prohibit or restrict the use of any road;

(d) permit, prohibit or restrict vehicular access to any road;

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

(f) determine that no person is to drive any motor vehicle at a speed exceeding 30 miles per hour along the length of road known as New Bridge Lane and shown coloured blue on the access and public rights of way plans; and

(g) place traffic signs and signals in the extents of the road specified in column 3 of Schedule 7 (temporary prohibition or restriction of the use of streets or public rights of way), and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016(1),

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

(2) Before exercising the power conferred by paragraph (1) the undertaker must

(a) consult with the chief officer of police in whose area the road is situated; and

(b) obtain the written consent of the traffic authority in whose area the road concerned is situated.

(3) The undertaker must not exercise the powers under paragraph (1) of this article unless it has—

(a) given not less than four weeks’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention not less than seven days before the provision is to take effect, in such manner as the traffic authority may specify in writing within seven days of its receipt of notice of the undertaker’s intention in the case of sub‑paragraph (a).

(4) Any prohibition, restriction or other provision made by the undertaker under article 13 (temporary prohibition or restriction of use of streets and public rights of way) or paragraph (1) of this article has effect as if duly made by, as the case may be—

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

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

and the instrument by which it is effected is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004 (road traffic contraventions subject to civil enforcement)(2).

(5) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011(3) when used in accordance with regulation 3(5) of those regulations.

(6) In this article—

(a) subject to sub-paragraph (b) expressions used in this article and in the 1984 Act have the same meaning; and

(b) a “road” means a road that is a public highway maintained by and at the expense of the traffic authority.

(1)

S.I. 2016/362.

(2)

2004 c. 18. There are amendments to this Act not relevant to this Order.

(3)

S.I. 2011/935