PART 3STREETS

Power to alter layout, etc, of streets

11.—(1) The undertaker may, for the purposes of carrying out the authorised development, alter the layout of each of the streets specified in column (2) of Schedule 4 (streets subject to alteration of layout) in the manner specified in relation to that street in column (3).

(2) Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraph (3), the undertaker may, for the purposes of either constructing, operating, using and maintaining the authorised development, alter the layout of any street and, without limiting 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, footway, cycle track, verge, or central reservation within the street;

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

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

(d)execute any works to widen or alter the alignment of pavements;

(e)execute any works of surfacing or re-surfacing of the highway;

(f)execute any works to provide hard and soft landscaping;

(g)execute any works necessary to alter existing facilities for the management and protection of pedestrians, equestrians or cyclists; and

(h)make and maintain crossovers and passing places.

(3) The powers conferred by paragraph (1) and (2) must not be exercised without the consent of the relevant highway authority but such consent must not be unreasonably withheld and if the relevant highway authority has received an application for consent to exercise powers under paragraph (1) or (2) accompanied by all relevant information and fails to notify the undertaker of its decision before the end of the period of 42 days beginning with the date on which the application is submitted with all relevant information, it is deemed to have granted consent.

(4) An application made under paragraph (1) or (2) must include a statement that the provisions of paragraph (3) apply to that application.