Permanent stopping up and restriction of use of streets, public rights of way and private means of accessE+W+S
16.—(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets, public rights of way and private means of access specified in column (1) of Parts 1, 2, and 3 of Schedule 4 (permanent stopping up of streets, public rights of way and private means of access) to the extent specified and described in column (2) of that Schedule.
(2) No street, public right of way or private means of access specified in column (1) of Parts 1, 2 and 3 of Schedule 4 is to be wholly or partly stopped up under this article unless—
(a)the new street, public right of way or private means of access to be constructed and substituted for it, which is specified in column (3) of those Parts of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or
(b)a temporary alternative route for the passage of such traffic as could have used the street, public right of way or private means of access to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street, public right of way or private means of access until the completion and opening of the new street, public right of way or private means of access in accordance with sub-paragraph (a).
(3) Where a street, public right of way or private means of access has been stopped up under this article—
(a)all rights of way over or along the street, public right of way or private means of access so stopped up are extinguished; and
(b)the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the street, public right of way or private means of access as is bounded on both sides by land owned by the undertaker.
(4) Any person who suffers loss by the suspension or extinguishment 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.
(5) This article is subject to article 35 (apparatus and rights of statutory undertakers in stopped up streets).
Commencement Information
I1Art. 16 in force at 9.2.2021, see art. 1