36.—(1) Where any street is stopped up under article 17 (permanent stopping up and restriction of use of streets and private means of access), if Cadent has any apparatus in the street or accessed via that street Cadent is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to Cadent, or procure the granting to Cadent of, legal easements reasonably satisfactory to Cadent in respect of such apparatus and access to it prior to the stopping up of any such street or highway, but nothing in this paragraph shall affect any right of the undertaker or of Cadent to require the removal of that apparatus under [F1paragraph 39] (removal of apparatus).E+W+S
(2) Notwithstanding the temporary alteration, diversion or restriction of use of any street under the powers of article 16 (temporary alteration, diversion, prohibition and restriction of use of streets), Cadent will be at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as it would have been entitled to do immediately before such temporary alteration, diversion or restriction of use in respect of any apparatus which at the time of the stopping up or diversion was in that street.
Textual Amendments
F1Words in Sch. 9 para. 36(1) substituted (31.7.2023) by The A47 Blofield to North Burlingham Development Consent (Correction) Order 2023 (S.I. 2023/885), art. 1, Sch.
Commencement Information
I1Sch. 9 para. 36 in force at 13.7.2022, see art. 1