PART 2WORKS PROVISIONS
Principal powers
Permanent stopping up of streets and private means of access10
1
Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised development, stop up each of the streets and private means of access shown on the rights of way and access plans and specified in columns (1) and (2) of Parts 1, 2, 3 and 4 of Schedule 2 (permanent stopping up of highways and private means of access and provision of new highways and private means of access) to the extent specified and described in column (3) of those Parts of that Schedule.
2
No street or private means of access specified in columns (1) and (2) of Parts 1 and 3 of Schedule 2 (being a street or private means of access to be stopped up for which a substitute is to be provided) is to be wholly or partly stopped up under this article unless—
a
the new street or private means of access to be constructed and substituted for it, which is specified in column (4) 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 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 or private means of access until the completion and opening of the new street or private means of access in accordance with sub-paragraph (a).
3
No street or private means of access specified in columns (1) and (2) of Parts 2 and 4 of Schedule 2 (being a street or private means of access to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all of the land which abuts on either side of the street or private means of access to be stopped up.
4
The condition referred to in paragraph (3) is that—
a
the undertaker is in possession of the land; or
b
there is no right of access to the land from the street or private means of access concerned; or
c
there is a reasonably convenient access to the land otherwise than from the street or private means of access concerned; or
d
the owners and occupiers of the land have agreed to the stopping up.
5
Where a street or private means of access has been stopped up under this article—
a
all rights of way over or along the street 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 or private means of access as is bounded on both sides by land owned by the undertaker.
6
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, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
7
Following the opening for public use of a public right of way that has been constructed, permanently altered or permanently diverted under the powers conferred by this article the undertaker must supply the surveying authority with plans showing that public right of way as constructed, permanently altered or permanently diverted together with a statement of the modifications required to the definitive statement.
8
The plans and statement of modifications to the definitive statement referred to in paragraph (7) are deemed to be an order modifying the definitive map and statement made under section 53(3)(a) (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 198165.
9
This article is subject to article 32 (apparatus and rights of statutory undertakers in stopped up streets).
10
In this article “surveying authority” has the meaning given to it by section 66(1)66 (interpretation of Part III) of the Wildlife and Countryside Act 1981.