9.—(1) Subject to paragraphs (2) and (3), the undertaker may, for the purposes of constructing and maintaining the authorised development alter the layout of any street within the Order limits and, without limitation on the scope of this paragraph, the undertaker may—
(a)permanently or temporarily alter the layout of any street or junction;
(b)increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;
(c)alter the level or increase the width of any kerb, footpath, footway, cycle track or verge;
(d)reduce the width of the carriageway of the street;
(e)make and maintain crossovers and passing place(s);
(f)carry out works for the provision of parking places and unloading areas; and
(g)execute any works to provide or improve sight lines.
(2) Unless otherwise agreed in writing with the street authority, 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 (1)(a), (2) and (3) do not apply where the undertaker is the street authority for a street in which the works are being carried out.
(5) The powers conferred by paragraph (1) do not apply to the A5(T).
10.—(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as is within the Order limits and may carry out the street works specified in column (3) of that Schedule.
(2) The authority given by paragraph (1) is a statutory right for the purposes of section 48(3) (streets, street works and undertakers) and 51(1) of the 1991 Act (prohibition of unauthorised street works).
(3) The powers conferred in paragraphs (1) and (2) are without prejudice to the powers of the undertaker under the 1989 Act.
(4) The provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).
11.—(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily alter, divert, prohibit the use of or restrict the use of any street or public right of way and may for any reasonable time—
(a)divert the traffic from the street or public right of way; and
(b)subject to paragraph (3), prevent all persons from passing along the street or public right of way.
(2) Without prejudice to the scope of paragraph (1), the undertaker may use any street or public right of way where the use has been prohibited or restricted under the powers conferred by this article and within the Order limits as a temporary working site.
(3) The undertaker must provide reasonable access for non-motorised users (including pedestrians) going to or from premises abutting a street or public right of way affected by the temporary alteration, diversion, prohibition of use or restriction of use of a street under this article if there would otherwise be no such access, and ensure that relevant provision is made for residents to park and for services to access properties which may be affected by the temporary alteration, diversion, prohibition of use or restriction of use of a street or public right of way under this article.
(4) The powers conferred by paragraph (1) must not be exercised without the consent of the street authority which may attach reasonable conditions to any consent.
(5) Any person who suffers loss by the suspension 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.
(6) This article does not remove the requirement for the undertaker to obtain any order required under sections 1, 9 or 22BB of the 1984 Act (traffic regulation orders outside Greater London) (experimental traffic orders) (traffic regulation byways etc. on National Parks in England and Wales).
12.—(1) Subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with construction of the authorised development, at any time prior to the date of final commissioning—
(a)permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road;
(b)authorise the use as a parking place of any road; and
(c)make provision as to the direction or priority of vehicular traffic on any road either at all times or at times, on days or during such periods as may be specified by the undertaker.
(2) The undertaker must not exercise any prohibition, restriction or other provision under article 11 or paragraph (1) of this article unless it has—
(a)given not less than 4 weeks’ notice in writing of its intention so to do to the traffic authority in whose area the road is situated; and
(b)advertised its intention in such manner as the traffic authority may specify in writing within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a).
(3) Any prohibition, restriction or other provision made by the undertaker under article 11 or paragraph (1)—
(a)has effect as if duly made by, as the case may be—
(i)by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or
(ii)by the local authority in whose area the road is situated as an order under section 32 of the 1984 Act (power of local authorities to provide parking places)(1),
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).
(4) 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.
13.—(1) The undertaker may, for the purposes of the authorised development and with the consent of the relevant planning authority, after consultation with the relevant highway authority, form and lay out such means of access or improve the existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.
(2) The powers conferred by paragraph (1) do not apply to the A5(T).
14.—(1) A street authority and the undertaker may enter into agreements with respect to—
(a)the construction of any new street (including any structure carrying the street under or over the authorised development) authorised by this Order;
(b)the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;
(c)any temporary closure, alteration or diversion of a street authorised by this Order;
(d)the carrying out in the street of any works.
(2) Such an 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.
Relevant amendments to section 32 were made by the 1991 Act section 168(1), Schedule 8, paragraph 39.
2004. c.18. There are amendments to this Act not relevant to this Order.