9.—(1) The undertaker may, for the purposes of constructing the authorised development, enter on so much of any of the streets set out in Schedule 2 (streets subject to street works) as is within the Order limits between the numbered and lettered points shown on the access and public rights of way plans and may—
(a)break up or open the street, or any sewer, drain or tunnel under it;
(b)tunnel or bore under the street;
(c)place apparatus in the street;
(d)maintain apparatus in the street or change its position; and
(e)execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (d).
(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.
(3) Sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).
(4) Nothing in this article authorises the breaking up or opening of the carriageway of the A483 Fabian Way without the prior written approval of the local highway authority.
(5) In this article, “apparatus” has the same meaning as in Part 3 of the 1991 Act.
Commencement Information
I1Art. 9 in force at 30.6.2015, see art. 1