PART 3STREETS

Temporary closure, alteration, diversion and restriction of use of streets

12.—(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily close, alter, divert or restrict the use of any street or private means of access and may for any reasonable time—

(a)divert the traffic from the street or private means of access; and

(b)subject to paragraph (3), prevent all persons from passing along the street or private means of access.

(2) Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily closed, altered, diverted or restricted 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 or private means of access affected by the temporary closure, alteration, diversion or restriction of a street or private means of access under this article if there would otherwise be no such access.

(4) Without limitation on the generality of paragraph (1), the undertaker may temporarily close, alter, divert or restrict the use of the streets or private means of access specified in column (1) of Schedule 3 (temporary closure, alteration, diversion and restriction of use of streets and private means of access) to the extent specified by reference to the letters and numbers shown on the streets subject to temporary restrictions of use plans, in column (2) of that Schedule, and may provide a temporary diversion.

(5) Save as to streets in respect of which the undertaker is the street authority, the undertaker must not temporarily close, alter, divert or restrict the use of—

(a)any street specified as mentioned 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 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 (determination of questions of disputed compensation) of the 1961 Act.

(7) Where the undertaker provides a temporary diversion under paragraph (4), the new or temporary alternative route is not required to be of a higher standard than the temporarily closed, altered, diverted or restricted street or private means of access specified in column (2) of Schedule 3 but it must be suitable for use by the same type of traffic as uses that street or private means of access unless otherwise agreed with the street authority.

(8) If a street authority which receives an application for consent under paragraph (5)(b) 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 received it is deemed to have granted consent provided the application includes the statement required under paragraph (9).

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