The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024

PART 3 STREETS

Application of the 1991 Act

11.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) of that Act (which defines what highway authority works are major highway works); or

(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts)(1) of the 1980 Act or section 184 (vehicle crossings over footways and verges)(2) of that Act.

(2) In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker.

(3) The following provisions of Part 3 the 1991 Act do not apply in relation to any works executed under the powers of this Order—

• section 56 (directions as to timing)(3);

• section 56A (power to give directions as to placing of apparatus)(4);

• section 58 (restrictions following substantial road works)(5);

• section 58A (restriction on works following substantial street works)(6);

• section 73A (power to require undertaker to re-surface street);

• section 73B (power to specify timing etc. of re-surfacing);

• section 73C (materials, workmanship and standard of re-surfacing);

• section 78A (contributions to costs of re-surfacing by undertaker); and

• Schedule 3A (restriction on works following substantial street works)(7).

(4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions apply (with the necessary modifications) in relation to any alteration, diversion, prohibition or restriction of a street of a temporary nature by the undertaker under the powers conferred by article 16 (temporary alteration, diversion, prohibition and restriction of the use of streets), whether or not the alteration, diversion, prohibition or restriction constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act(8) referred to in paragraph (4) are—

• section 54 (advance notice of certain works)(9), subject to paragraph (6);

• section 55 (notice of starting date of works)(10), subject to paragraph (6);

• section 57 (notice of emergency works)(11);

• section 59 (general duty of street authority to co-ordinate works)(12);

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

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

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

• section 75 (inspection fees);

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

• section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(7) Nothing in article 14 (construction and maintenance of new, altered or diverted streets)—

(a) affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act;

(b) means that the undertaker is by reason of any duty under that article to maintain a street or to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

(c) has effect in relation to maintenance works which are street works within the meaning of the 1991 Act, as respects which the provisions of Part 3 of the 1991 Act apply.

Power to alter layout etc. of streets

12.—(1) Subject to paragraph (3), the undertaker may, for the purposes of constructing and maintaining the authorised development, alter the layout of any street within the Order limits and the layout of any street having a junction with such a street; and, without limitation on the scope of this paragraph, the undertaker may—

(a) increase the width of the carriageway of the street by reducing the width of any kerb, footpath, cycle track or verge within the street;

(b) alter the level or increase the width of any such kerb, footway, cycle track or verge;

(c) reduce the width of the carriageway of the street; and

(d) make and maintain passing places.

(2) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

(3) The powers conferred by paragraph (1)—

(a) are exercisable on the giving of not less than 6 weeks’ notice to the street authority; and

(b) are not to be exercised without the consent of the street authority where that authority is a public authority.

(4) If a street authority which received an application for consent under paragraph (3)(b) fails to notify the undertaker of its decision before the end of 6 weeks beginning with the date on which the application is made, it is deemed to have given consent.

(5) Any application for consent under paragraph (3)(b) must include a statement that the provisions of paragraph (4) apply to that application.

(6) Paragraphs (2), (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are to be carried out.

Street works

13.—(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets as are 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) place apparatus in the street;

(d) maintain apparatus in the street or change its position; and

(e) execute any works required for, or incidental to, any works referred to in sub-paragraphs (a), (b), (c) and (d).

(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 works) of the 1991 Act.

(3) The provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).

Construction and maintenance of new, altered or diverted streets

14.—(1) Any highway (other than a trunk road) to be constructed under this Order must be completed to the reasonable satisfaction of the local highway authority in whose area the highway lies and, unless otherwise agreed in writing with the local highway authority, must be maintained by and at the expense of the local highway authority from its completion.

(2) Where a highway (other than a trunk road which will remain a trunk road following the exercise of the powers in article 15 (classification of roads etc.)) is altered or diverted under this Order, the altered or diverted part of the highway must, when completed to the reasonable satisfaction of the local highway authority in whose area the highway lies and, unless otherwise agreed in writing with the local highway authority, be maintained by and at the expense of the local highway authority from its completion.

(3) Where a highway is detrunked under this Order—

(a) section 265 (transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road)(13) of the 1980 Act applies in respect of that highway; and

(b) any alterations to that highway undertaken under powers conferred by this Order prior to and in connection with that detrunking must, unless otherwise agreed in writing with the local highway authority, be maintained by and at the expense of that authority from the date of detrunking.

(4) In the case of a bridge constructed under this Order to carry a highway (other than a trunk road) over a trunk road, the highway surface (being those elements over the waterproofing membrane) must be maintained by and at the expense of the local highway authority and the remainder of the bridge, including the waterproofing membrane and structure below, must be maintained by and at the expense of the undertaker.

(5) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(6) For the purposes of a defence under paragraph (5), the court must in particular have regard to the following matters—

(a) the character of the street and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the street;

(d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause dangers to users of the street; and

(e) where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

Classification of roads etc.

15.—(1) On the date on which the roads described in Part 1 (trunk roads) of Schedule 3 (classification of roads, etc) are complete and open for traffic, they are to become trunk roads as if they had become so by virtue of an order under section 10(2) (general provisions as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads.

(2) Those roads specified in Part 2 (roads to be de-trunked) of Schedule 3 are to cease to be trunk roads and will vest in the local highway authority on—

(a) the date on which the roads described in Part 1 (trunk roads) of Schedule 3 (classification of roads, etc) become trunk roads; or

(b) the date agreed between the undertaker and the local highway authority following the local highway authority’s agreement that those roads are in a state of repair as is reasonably satisfactory to them or, in default of agreement, settled by arbitration in accordance with article 49 (arbitration),

whichever is the later, as if they had ceased to be so by virtue of an order under section 10(2)(14) of the 1980 Act specifying that date as the date on which they were to cease to be trunk roads.

(3) On the date on which the roads described in Part 3 (classified roads) of Schedule 3 (classification of roads, etc.) are completed and open for traffic, they are to become classified roads for the purpose of any enactment or instrument which refers to highways classified as classified roads as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act.

(4) On the date on which the roads described in Part 4 (unclassified roads) of Schedule 3 (classification of roads, etc.) are completed and open for traffic, they are to become unclassified roads for the purpose of any enactment or instrument which refers to unclassified roads.

(5) On and after the date that the public rights of way described in Part 5 (other public rights of way) of Schedule 3 (classification of roads, etc.) are completed and open for use they will be of the types described in column (1) to the extent described in column (2).

(6) On and after the date that the footways and cycleways described in Part 6 (footways and cycleways to be provided) of Schedule 3 (classification of roads, etc.) are completed and open for use they will be of the types described in column (1) to the extent described in column (2).

(7) The application of paragraphs (1) to (6) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters.

(8) Notwithstanding the extent of any road shown on the rights of way and access plans any road which is subject to this article includes the verge of that road.

Temporary alteration, diversion, prohibition and restriction of the use of streets

16.—(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily prohibit, restrict or regulate the use of any street and may for any reasonable time—

(a) divert the traffic from the street; and

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

(2) Without limitation on the scope of paragraph (1), the undertaker may use any street from which traffic is temporarily prohibited, restricted or regulated under the powers conferred by this article and which is 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 alteration, diversion, prohibition or restriction of traffic on a street under this article if there would otherwise be no such access.

(4) Without limitation on the scope of paragraph (1), the undertaker may temporarily prohibit, restrict or regulate the use of the streets specified in columns (1) and (2) of Schedule 5 (public rights of way to be temporarily prohibited and for which a substitute is to be provided) to the extent specified in column (2) of that Schedule.

(5) The undertaker must not temporarily alter, divert prohibit 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, as if it were a dispute under Part 1 of the 1961 Act.

(7) 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.

(8) Any application for consent under paragraph (5) must include a statement that the provisions of paragraph (7) apply to that application.

Permanent stopping up and restriction of use of streets, public rights of way and private means of access

17.—(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 to 5 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 those Parts 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 (being a street, public right of way 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, 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) No public right of way specified in column (1) of Part 4 of Schedule 4 (being a public right of way 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 undertaker has erected a site notice at each end of the right of way to be extinguished no less than 28 days prior to the extinguishment of that right of way.

(4) No private access specified in column (1) of Part 5 of Schedule 4 (being a private 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 undertaker has erected a site notice at each end of the private access to be extinguished no less than 28 days prior to the extinguishment of that right of way.

(5) 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.

(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 of the 1961 Act.

(7) This article is subject to article 39 (apparatus and rights of statutory undertakers in stopped up streets).

Access to works

18.  The undertaker may, for the purposes of the authorised development, form and layout 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 development.

Clearways

19.—(1) Except as provided in paragraph (2), on and after the date on which the roads described in Part 1 (trunk roads) of Schedule 3 (classification of roads, etc.) are open for traffic, no person is to cause or permit any vehicle to wait on any part of those roads, other than a lay-by, except upon the direction of, or with the permission of, a constable or traffic officer in uniform.

(2) Nothing in paragraph (1) applies—

(a) to render it unlawful to cause or permit a vehicle to wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i) the removal of any obstruction of traffic;

(ii) the maintenance, improvement, reconstruction or operation of the road;

(iii) the laying, erection, maintenance or renewal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any electronic communications apparatus as defined in Schedule 3A (the electronic communications code) to the Communications Act 2003; or

(iv) any building operation or demolition;

(b) in relation to a vehicle being used—

(i) for police, ambulance, fire and rescue authority or traffic officer purposes;

(ii) in the service of a local authority, safety camera partnership, or the Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

(iii) in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991(15);

(iv) by a universal postal provider for the purposes of providing a universal postal service as defined by the Postal Services (Universal Postal Service) Order 2012(16); or

(c) in relation to a vehicle when the person in control of it is—

(i) required by law to stop;

(ii) obliged to stop in order to avoid an accident; or

(iii) prevented from proceeding by circumstances outside the person’s control.

(3) No person is to cause or permit any vehicle to wait on any part of the roads described in Part 1 of Schedule 3 for the purpose of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

(4) Paragraphs (1), (2) and (3) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

(5) In this article, “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the 2004 Act.

Speed restrictions

20.—(1) On and after the date on which the roads specified in Part 1 (speed limits) of Schedule 11 (traffic regulation measures) are open for traffic, no person is to drive any motor vehicle at a speed exceeding the limit in miles per hour specified in column (3) of Part 1 of Schedule 11 along the lengths of road identified in the corresponding row of column (2) of that Part to the extent shown on the traffic regulation plans.

(2) Paragraph (1) shall have effect as if made by an order under the 1984 Act and its application may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such orders.

Closure of bus stop lay-bys and parking lay-bys

21.—(1) Subject to the provisions of this article, the undertaker may close the bus stop lay-bys and parking lay-bys specified in Part 2 (closures of bus stop lay-bys and parking lay-bys) of Schedule 11 (traffic regulation measures).

(2) Paragraph (1) shall have effect as if made by an order under the 1984 Act and its application may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such orders.

Traffic regulation

22.—(1) This article applies to roads in respect of which the undertaker is not the traffic authority.

(2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(c) authorise the use as a parking place of any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3) The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

(4) The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

(5) The undertaker must not exercise the powers conferred by paragraph (2) unless it has—

(a) given not less than—

(i) 12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) 4 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by the undertaker under paragraph (2)—

(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces)(17) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act.

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months from the opening of the authorised development.

(8) Before exercising the powers of paragraph (2) the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person.

(9) Expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act.

(10) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(11) If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent.

(12) Any application for consent under paragraph (2) must include a statement that the provisions of paragraph (11) apply to that application.

(1)

Section 64 was amended by section 102 of, and Schedule 17 to the Local Government Act 1965 (c. 51) and section 168(2) of, and Schedule 9 to the New Roads and Street Works Act 1991.

(2)

Section 184 was amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c.48), section 4 of, and paragraph 45(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and section 168 of, and paragraph 9 of Schedule 8 and Schedule 9 to the New Roads and Street Works Act 1991.

(3)

Section 56 was amended by sections 40 and 43 of, and Schedule 1 to, the Traffic Management Act 2004.

(4)

Section 56A was inserted by section 44 of the Traffic Management Act 2004.

(5)

Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the Traffic Management Act 2004.

(6)

Section 58A was inserted by section 52(1) of the Traffic Management Act 2004.

(7)

Schedule 3A was inserted by section 52(2) of, and Schedule 4 to the Traffic Management Act 2004.

(8)

Sections 54, 55, 57, 60, 68 and 69 were amended by sections 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

(9)

Section 54 was also amended by section 49(1) of the Traffic Management Act 2004.

(10)

Section 55 was also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.

(11)

Section 57 was also amended by section 52(3) of the Traffic Management Act 2004.

(12)

Section 59 was also amended by section 42 of the Traffic Management Act 2004.

(13)

Section 265 was amended by section 146 of, and paragraph 45 of Schedule 3 to, the Road Traffic Regulation Act 1984 and by section 57(1) of, and paragraph 52 of Schedule 1 to, the Infrastructure Act 2015.

(14)

Section 10(2) was amended by section 22(2)(a) of the New Roads and Street Works Act 1991 and by section 1(6) of, and paragraphs 1 and 10(1) and (2) of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

(15)

1991 c. 56.

(16)

S.I. 2012/936, amended by S.I. 2013/3108 and S.I. 2015/643.

(17)

Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the New Roads and Street Works Act 1991. There are further amendments to section 32 which are not relevant to this Order.