The Sheringham Shoal and Dudgeon Extensions Offshore Wind Farm Order 2024

PART 3 Streets

Street works

8.—(1) The undertaker may, for the purposes of the authorised project, 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—

(a) break up or open the street or any sewer, drain or tunnel under it;

(b) tunnel or bore under the street;

(c) remove or use all earth and materials in on or under the street;

(d) place and keep apparatus under the street;

(e) maintain apparatus under the street or change its position; and

(f) execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e).

(2) The authority given by paragraph ‎(1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(3) In this article “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act.

Application of the 1991 Act

9.—(1) The provisions of the 1991 Act mentioned in paragraph ‎(2) that apply in relation to the carrying out of street works under that Act and any regulations made, or code of practice issued or approved, under those provisions apply (with all necessary modifications) in relation to—

(a) the carrying out of works under article 8 (street works); and

(b) the temporary stopping up, alteration or diversion of a street by the undertaker under article 10 (temporary closure of streets);

whether or not the carrying out of the works or the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(2) The provisions of the 1991 Act(1) are—

(a) subject to paragraph (3), section 55 (notice of starting date of works);

(b) section 57 (notice of emergency works);

(c) section 60 (general duty of undertakers to co-operate);

(d) section 68 (facilities to be afforded to street authority);

(e) section 69 (works likely to affect other apparatus in the street);

(f) section 76 (liability for cost of temporary traffic regulation);

(g) section 77 (liability for cost of use of alternative route); and

(h) all provisions of that Act that apply for the purposes of the provisions referred to in sub- paragraphs (a) to (g).

(3) Section 55 of the 1991 Act as applied by paragraph ‎(2) has effect as if references in section 57 of that Act to emergency works included a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

Temporary closure of streets

10.—(1) The undertaker, during and for the purposes of carrying out the authorised project, may temporarily close, alter or divert any street and may for any reasonable time—

(a) divert the traffic or a class of traffic from the street; and

(b) subject to paragraph ‎(3), prevent persons from passing along the street.

(2) Without limiting paragraph ‎(1), the undertaker may, during and for the purposes of carrying out the authorised project, use any street temporarily closed 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 pedestrians going to or from premises abutting a street affected by the temporary closure, alteration or diversion of a street under this article if there would otherwise be no such access.

(4) Without limiting paragraph ‎(1), the undertaker may temporarily close, alter or divert the streets specified in column (1) of Schedule 5 (streets to be temporarily closed) to the extent specified in column (2) of that Schedule, by reference to the letters and numbers shown on the streets (to be temporarily stopped up) plan.

(5) The undertaker must not temporarily close, alter, divert or use as a temporary working site—

(a) any street referred to in paragraph ‎(4) without first consulting the street authority; and

(b) any other street without the consent of the street authority, which may attach reasonable conditions to the consent.

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

(7) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph ‎(5)(b) that street authority is deemed to have granted consent.

Temporary closure of public rights of way

11.  The undertaker may in connection with the carrying out of the authorised project, temporarily close each of the public rights of way specified in column (2) of Schedule 4 (public rights of way to be temporarily closed) to the extent specified in column (3) of that Schedule, by reference to the letters shown on the public rights of way plan.

Access to works

12.—(1) The undertaker may, for the purposes of the authorised project—

(a) form, lay out and maintain means of access, or improve or maintain existing means of access, in the locations specified in columns (1) and (2) of Schedule 6 (access to works); and

(b) with the approval of the relevant planning authority after consultation with the highway authority in accordance with requirement 16 (highway accesses), form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised project.

(2) If the relevant planning authority fails to notify the undertaker of its decision within 28 days of receiving an application for approval under paragraph ‎(1)(b) that relevant planning authority is deemed to have granted approval.

Agreements with street authorities

13.—(1) A street authority and the undertaker may enter into agreements with respect to—

(a) any temporary closure, alteration or diversion of a street authorised by this Order; or

(b) the carrying out in the street of any of the works referred to in article 8 (street works).

(2) Such an agreement may, without limiting paragraph ‎(1)—

(a) provide for the street authority to carry out any function under this Order that relates to the street in question;

(b) include an agreement between the undertaker and the 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.

(1)

Sections 55, 57, 60, 68 and 69 were amended by the Traffic Management Act 2004 (c. 18).