PART 3STREETS

Street works8.

(1)

The undertaker may, for the purposes of the authorised project, enter on so much of any of the streets specified in Schedule 2 (streets subject to street works) as is within the Order limits 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 under the street;

(d)

maintain apparatus under 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)

In this article “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act.

Application of the 1991 Act9.

(1)

The provisions of the 1991 Act mentioned in paragraph (2) that apply in relation to the carrying out of street works under that Act and any regulations made or code of practice issued or approved under those provisions apply (with all necessary modifications) in relation to—

(a)

the carrying out of works under article 8 (street works); and

(b)

the temporary stopping up, temporary alteration or temporary diversion of a street by the undertaker under article 10 (temporary stopping up of streets),

whether or not the carrying out of the works or the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(2)

The provisions of the 1991 Act28 are—

(a)

subject to paragraph (3), section 55 (notice of starting date of works);

(b)

section 57 (notice of emergency works);

(c)

section 60 (general duty of undertakers to co-operate);

(d)

section 68 (facilities to be afforded to street authority);

(e)

section 69 (works likely to affect other apparatus in the street);

(f)

section 76 (liability for cost of temporary traffic regulation);

(g)

section 77 (liability for cost of use of alternative route); and

(h)

all provisions of that Act that apply for the purposes of the provisions referred to in sub-paragraphs (a) to (g).

(3)

Section 55 of the 1991 Act as applied by paragraph (2) has effect as if references in section 57 of that Act to emergency works included a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

Temporary stopping up of streets10.

(1)

The undertaker, during and for the purposes of carrying out the authorised project, may temporarily stop up, alter or divert any street and may for any reasonable time—

(a)

divert the traffic or a class of traffic from the street; and

(b)

subject to paragraph (3), prevent all persons from passing along the street.

(2)

Without limiting paragraph (1), the undertaker may use any street temporarily stopped up under the powers conferred by this article within the Order limits as a temporary working site.

(3)

The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

(4)

Without limiting paragraph (1), the undertaker may temporarily stop up, alter or divert the streets set out in column (2) of Schedule 3 (streets to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the works plans, in column (3) of that schedule.

(5)

The undertaker must not temporarily stop up, alter, divert or use as a temporary working site—

(a)

any street referred to in paragraph (4) without first consulting the street authority; and

(b)

any other street without the consent of the street authority, which may attach reasonable conditions to the consent.

(6)

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

(7)

If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (5)(b) that street authority is deemed to have granted consent.

Temporary stopping up of public rights of way11.

The undertaker may, in connection with the carrying out of the authorised project, temporarily stop up each of the public rights of way specified in column (2) of Schedule 4 (public rights of way to be temporarily stopped up) to the extent specified in column (3), by reference to the letters shown on the temporary stopping up of rights of way plan.

Access to works12.

(1)

The undertaker may, for the purposes of the authorised project—

(a)

form, lay out and maintain a means of access, or improve or maintain an existing means of access, in the locations specified in columns (1) and (2) of Schedule 5 (access to works); and

(b)

with the approval of the relevant planning authority after consultation with the highway authority in accordance with requirement 11 (highway accesses), form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised project.

(2)

If the relevant planning authority fails to notify the undertaker of its decision within 28 days of receiving an application for approval under paragraph (1)(b) that relevant planning authority is deemed to have granted approval.

Agreements with street authorities13.

(1)

A street authority and the undertaker may enter into agreements with respect to—

(a)

any temporary stopping up, alteration or diversion of a street authorised by this Order; or

(b)

the carrying out in the street of any of the works referred to in article 8(1) (street works).

(2)

Such agreement may, without prejudice to the generality of paragraph (1)—

(a)

make provision for the street authority to carry out any function under this Order which relates to the street in question;

(b)

include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and

(c)

contain such terms as to payment and otherwise as the parties consider appropriate.

Power to alter layout etc. of streets14.

(1)

Subject to paragraphs (2) and (3), the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with constructing, operating and maintaining the authorised development, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—

(a)

alter the level or increase the width of any kerb, footway, cycle track or verge; and

(b)

make and maintain passing place(s).

(2)

The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

(3)

The powers conferred by paragraph (1) must not be exercised without the consent of the street authority.

(4)

Paragraphs (2) and (3) do not apply where the undertaker is the street authority for a street in which the works are being carried out.