PART 3STREETS

Street works

10.—(1) The undertaker may, for the purposes of carrying out the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) 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, or carry out works to strengthen or repair the carriageway, footway or cycle track;

(c)place and keep apparatus, in or on the street;

(d)remove, maintain, renew or change the position of apparatus, in, on or under the street;

(e)install, demolish, remove, replace, improve and relocate any bus shelter and associated bus stop infrastructure;

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

(g)carry out re-lining and placement of new temporary markings; and

(h)execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (g) above.

(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 and is subject to the provisions of Parts 5 and 6 of Schedule 15 (protective provisions).

(3) The provisions of sections 54 (advance notice of certain works) to 106 (index of defined expressions) of the 1991 Act(1) apply to any street works carried out under paragraph (1).

(4) In Part 3 (street works in England and Wales) of the 1991 Act, provisions relating to major highway works which refer to the highway authority concerned shall, in relation to works which are major highway works, be construed as references to the undertaker.

(5) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act.

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.

Temporary stopping up of streets

12.—(1) Subject to paragraph (4), the undertaker may, during and for the purposes of carrying out the authorised development, temporarily stop up, 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 all persons from passing along the street.

(2) Without limiting paragraph (1), the undertaker may use any street temporarily stopped up under the powers conferred by this article within the Order limits—

(a)as a temporary working site;

(b)to construct the authorised development; and

(c)for access.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

(4) The undertaker must not temporarily stop up, alter or divert or use as a temporary working site any street referred to in paragraph (1) without the consent of the relevant street authority, which may attach reasonable conditions to the consent and the undertaker must with the request for consent from the street authority notify the street authority of the provisions of paragraph (5).

(5) If a relevant street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (4) that street authority is deemed to have granted consent.

(6) Without limiting paragraph (1), the undertaker may temporarily stop up, alter or divert the streets set out in column (2) of Schedule 5 (streets to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the access and traffic regulation order plans in column (3) of that Schedule.

(7) Any person who suffers loss by the suspension of any public 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.

Public rights of way – creation, temporary stopping up and diversion

13.—(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development—

(a)temporarily stop up each of the public rights of way specified in column (2) of Part 1 of Schedule 6 (public rights of way to be temporarily stopped up for which a substitute is to be provided) and provide the temporary substitute public right of way described in column (3) of Part 1 of that Schedule between the specified terminus points at the stage of the authorised development identified in column (4) of that Part of that Schedule; and

(b)temporarily stop up any other public rights of way to the extent agreed with the relevant highway authority and provide temporary substitute public rights of way on an alignment to be agreed with the relevant highway authority prior to the temporary stopping up of the public right of way concerned.

(2) The public right of way specified in column (2) of Part 1 of Schedule 6 may not be wholly or partly stopped up under this article unless the temporary substitute public right of way referred to in column (3) in that Part of Schedule 6 or an alternative temporary substitute public right of way agreed by the local highway authority has first been provided by the undertaker.

(3) Any temporary substitute right of way must be maintained by the undertaker with appropriate signage until the substitute right of way is no longer required.

(4) The undertaker must in connection with the carrying out of the authorised development provide the new public right of way specified in column (2) of Part 2 of Schedule 6 (new public right of way to be created) to the extent specified in column (3) of that Part of that Schedule at the stage of the authorised development in column (4) of that Part of that Schedule.

(5) The undertaker must provide written notice to the relevant highway authority of any stopping up. Stopping up must not be effected earlier than the expiry of 14 days from the date of the receipt of the notice by the relevant highway authority.

Access to works

14.—(1) The undertaker may, for the purposes of carrying out and maintaining the authorised development—

(a)form and lay out means of access, or improve or maintain an existing means of access, in the locations specified in column (2) of Schedule 7 (access to works) for the purposes specified in column (3) of Schedule 7;

(b)with the approval of the relevant planning authority after consultation with the relevant highway authority, form and lay out such other means of access or improve or maintain any existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development; and

(c)the undertaker must with the request for approval from the relevant planning authority notify the relevant planning authority of the provisions of paragraph (2).

(2) If the relevant planning authority has received an application for approval under paragraph (1)(b) and fails to notify the undertaker of its decision before the end of the period of 28 days starting with the date on which the application was made, it is deemed to have granted consent.

(3) The relevant planning authority may attach any reasonable conditions to any approval given under paragraph (1)(b).

(4) Works to create a permanent access which—

(a)join a highway maintainable at the public expense; and

(b)which are specified in column (3) of Schedule 7 as being required for the purposes of operation and maintenance of the authorised development

must be completed in accordance with the provisions of Part 6 of Schedule 15 (protective provisions).

Maintenance of highway works

15.—(1) The highway works must be completed in accordance with the provisions of Parts 5 and 6 of Schedule 15 (protective provisions).

(2) With effect from the date of the final certificate referred to in paragraph 67 of Part 5 and paragraph 91 of Part 6 of Schedule 15 the highway works to which that certificate relates will be maintained by and at the expense of the relevant highway authority.

(3) Where new land not previously part of the public highway is the subject of a provisional certificate under paragraph 63 of Part 5 or a provisional certificate of completion under paragraph 88 of Part 6 of Schedule 15 then it is deemed to be dedicated as part of the public highway on the issue of that certificate.

(4) For the purposes of this article, the definition of “maintain” in article 2 (interpretation) does not apply and the word “maintain” is to be given its ordinary meaning when applied to highways.

Speed limits

16.—(1) During the period specified in column (4) of Part 1 of Schedule 8 (temporary speed limits) no person is to drive any motor vehicle at a speed exceeding the limit specified in column (2) of Part 1 of Schedule 8 along the lengths of highway specified in column (3) of Part 1 of that Schedule 8.

(2) Upon the event listed in column (4) of Part 2 of Schedule 8 (permanent speed limits) no person is to drive any motor vehicle at a speed exceeding 40 miles per hour on the length of highway identified in column (3) of Part 2 of Schedule 8.

(3) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent (such consent not to be unreasonably withheld) of the relevant traffic authority, which consent may be subject to reasonable conditions, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with the construction, operation, use or maintenance of the authorised development, impose a temporary speed limit either at all times or at times, on days or during such periods, and on such highways as may be specified by the undertaker and the undertaker must with the request for consent from the relevant traffic authority notify the relevant traffic authority of the provisions of paragraph (4).

(4) The undertaker must not exercise the powers in paragraph (3) unless it has given not less than 28 days’ notice in writing of its intention so to do to the chief officer of police and to the relevant traffic authority.

(5) The speed limits imposed by this Order are deemed to have been imposed by an order under the 1984 Act and—

(a)have the same effect; and

(b)may be varied by the relevant traffic authority in the same manner,

as any other speed limit imposed by an order under that Act.

(6) No speed limit imposed by this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011(2) when used in accordance with regulation 3(5) of those Regulations.

Traffic regulation

17.—(1) Subject to the provisions of this article, the undertaker may at any time for the purposes of the construction of the authorised development temporarily regulate traffic further to Part 1 of Schedule 9 (traffic regulation) in the manner specified in column (3) on those roads specified in column (1) and along the lengths and between the points specified, or to the extent otherwise described in column (2) of that Schedule.

(2) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent (such consent not to be unreasonably withheld) of the relevant traffic authority in whose area the road concerned is situated, which consent may be subject to reasonable conditions, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with the construction, operation, use or maintenance 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, parking, 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 undertaker must not exercise the powers in paragraphs (1) and (2) unless it has—

(a)given not less than 28 days’ notice in writing of its intention so to do to the chief officer of police and to the relevant traffic authority in whose area the road is situated; and

(b)advertised its intention in such manner as the relevant traffic authority may specify in writing within 7 days of the relevant traffic authority’s receipt of notice of the undertaker’s intention under sub-paragraph (a).

(4) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (2) shall—

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

(i)the relevant 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(3) (power of local authorities to provide parking places) of the 1984 Act; and

(b)be deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004(4).

(5) 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) at any time.

(6) Before complying with the provisions of paragraph (3) the undertaker must consult the chief officer of police and the relevant traffic authority in whose area the road is situated.

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

(8) If the relevant traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) that traffic authority is deemed to have granted consent save that the undertaker must with the request for consent from the relevant traffic authority notify the relevant traffic authority of the provisions of this paragraph.

(9) No person, except upon the direction or with the permission of a police officer or traffic officer in uniform, is to cause or permit any vehicle to proceed in the manner specified in column (2) of Part 2 of Schedule 9 (prohibited movements) after the event specified in column (3) of Part 4 of Schedule 9.

Agreements with highway authorities

18.—(1) A relevant highway authority and the undertaker may enter into agreements in relation to the authorised development with respect to—

(a)the construction or maintenance of any new highway including any structure carrying the highway whether or not over or under any part of the authorised development;

(b)the strengthening, improvement, repair or reconstruction of any highway under the powers conferred by this Order;

(c)the maintenance of landscaping within a highway constructed;

(d)the maintenance of highway related assets which fall outside of the extent of highways maintained by a relevant highway authority;

(e)the carrying out in the street of any of the works referred to in article 10(1) (street works) or their maintenance;

(f)the alteration of any street further to article 11(1) or (2) (power to alter layout, etc, of streets); or

(g)such other works as the parties may agree.

(2) Such an agreement may, without limitation on the scope of paragraph (1)—

(a)make provision for the relevant highway authority to carry out any function under this Order which relates to the street in question;

(b)include an agreement between the undertaker and relevant highway authority specifying a reasonable time for completion of the works;

(c)provide for the dedication of any new street as public highway further to section 38(5) of the 1980 Act;

(d)contain such terms as to payment as the parties consider appropriate; and

(e)contain such other terms as the parties may agree between them.