SCHEDULES

SCHEDULE 12 The A2 and M2 Improvement Works

Part II Interference with Highways and Means of Access

Stopping up of private access to premises

4

1

Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the A2 and M2 improvement works—

a

stop up any private means of access to premises adjoining or adjacent to any land—

i

comprised in the route of any highway which becomes, by virtue of paragraph 6 below, a special road, or

ii

forming part of the site of any works authorised by this Part of this Act,

and

b

provide a new means of access to any such premises.

2

No means of access shall be stopped up under this paragraph unless the Secretary of State is satisfied—

a

that no access to the premises is reasonably required, or

b

that another reasonably convenient means of access to the premises is available or will be provided under this paragraph or otherwise.

3

In determining for the purposes of sub-paragraph (2) above whether a means of access to any premises from a highway is or will be reasonably convenient, the Secretary of State shall have regard—

a

to the need, if any, for a means of access from the highway to different places on those premises, and

b

to any roads, paths or other ways on those or other premises which are or will be capable of providing such a means.

4

The provision under this paragraph of a new means of access to any premises from a highway includes the provision of a road, path or other way on those or any other premises.