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The Mallard Pass Solar Farm Order 2024
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Apparatus of Cadent in temporarily closed streetsE+W
98.—(1) Where any street is stopped up under article 11 (temporary closure of and permitting vehicular use on public rights of way), if Cadent has any apparatus in the street or accessed via that street, Cadent must be entitled to the same rights in respect of such apparatus as it enjoyed immediately before the temporary closure and the undertaker will grant to Cadent, or will procure the granting to Cadent of, legal easements reasonably satisfactory to Cadent in respect of such apparatus and access to it prior to the temporary closure of any such street or highway but nothing in this paragraph affects any right of the undertaker or of Cadent to require the removal of that apparatus under paragraph 101.
(2) Notwithstanding the temporary closure or diversion of any highway under the powers of article 11, Cadent will be at liberty at all times to take all necessary access across any such temporarily closed highway and/or to execute and do all such works and things in, upon or under any such highway as it would have been entitled to do immediately before such temporary closure or diversion in respect of any apparatus which at the time of the temporary closure or diversion was in that highway.
(3) The protective provisions in this Part of this Schedule apply and take precedence over article 32 (apparatus and rights of statutory undertakers in stopped up streets) of the Order which does not apply to Cadent.
Commencement Information
I1Sch. 15 para. 98 in force at 3.8.2024, see art. 1
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