The Thurrock Flexible Generation Plant Development Consent Order 2022

Temporary restriction of use of streets E+W+S

13.—(1) The undertaker, during and for the purposes of carrying out the authorised development, may alter, divert or restrict the use of any street and may for any reasonable time—

(a) divert the traffic from the street; and

(b) subject to paragraph (4), prevent all persons from passing along the street.

(2) Without limitation on the scope of paragraph (1), the undertaker may temporarily restrict or control the use of the streets set out in column 2 of Schedule 4 to the extent set out in column 3 of that Schedule.

(3) The undertaker may use any street temporarily stopped up or restricted under the powers conferred by this article, and which is within the Order limits, as a temporary working site.

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

(5) The undertaker must not temporarily alter, divert or restrict the use of any street for which it is not the street authority without the consent of the street authority, which may attach reasonable conditions to any consent but such consent must not be unreasonably withheld or delayed.

(6) 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 (determination of questions of disputed compensation) of the 1961 Act.

(7) Save for any application made to Highways England, if a street authority which receives an application for consent under paragraph (5) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent.

Commencement Information

I1 Art. 13 in force at 10.3.2022, see art. 1