PART 3STREETS

Application of the 1991 Act

9.—(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) (highway authorities, highways and related works) of that Act; 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 (street works in England and Wales) 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 the 1991 Act (including any equivalent or modified provision in any permit scheme) do not apply in relation to any works executed under or related to the powers conferred by this Order—

• section 56 (power to give directions as to timing of street works)(3);

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

• section 58 (restrictions on works 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 (restrictions 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 closure, alteration, diversion or restriction of use of a street of a temporary nature by the undertaker under the powers conferred by article 12 (temporary closure, alteration, diversion and restriction of use of streets), whether or not the closure, alteration, diversion or restriction constitutes street works within the meaning of that Act.

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

• section 54 (advance notice of certain works)(8), subject to paragraph (6);

• section 55 (notice of starting date of works)(9), subject to paragraph (6);

• section 57 (notice of emergency works)(10);

• section 59 (general duty of street authority to co-ordinate works)(11);

• section 60 (general duty of undertakers to co-operate)(12);

• section 68 (facilities to be afforded to street authority)(13);

• section 69 (works likely to affect other apparatus in the street)(14);

• section 75 (inspection fees)(15);

• 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 closure, alteration, diversion or restriction (as the case may be) required in a case of emergency.

(7) Nothing in article 10 (construction and maintenance of new, altered or diverted streets and other structures)—

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

(b)means that the undertaker is not by reason of any duty under that article to maintain a street 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 (street works in England and Wales) of the 1991 Act apply.

(8) Subject to paragraphs (3) and (9), permit schemes will apply to the construction and maintenance of the authorised development and will be used by the undertaker in connection with the exercise of the powers conferred by this Order.

(9) For the purposes of the authorised development, a permit under a permit scheme may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.

(10) Any order made by the Secretary of State under section 74A(2) (charge determined by reference to duration of works)(16) of the 1991 Act for the purposes of the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012(17) will not have effect in relation to the construction or maintenance of the authorised development.

Construction and maintenance of new, altered or diverted streets and other structures

10.—(1) Subject to paragraphs (3) and (4), any highway (other than a trunk road or a special road) to be constructed under this Order must be completed to the reasonable satisfaction of the relevant local highway authority in whose area the highway lies and, unless otherwise agreed in writing with the relevant local highway authority, the highway, including any culverts or other structures laid under it, must be maintained by and at the expense of the relevant local highway authority from its completion.

(2) Subject to paragraphs (3) and (4), where a highway (other than a trunk road or special road) is altered or diverted under this Order, the altered or diverted part of the highway must, when completed to the reasonable satisfaction of the relevant local highway authority and, unless otherwise agreed in writing with the relevant local highway authority, that part of the highway, including any culverts or other structures laid under it, be maintained by and at the expense of the relevant local highway authority from its completion.

(3) In the case of a bridge constructed under this Order to carry a highway (other than a trunk road or special road) over a trunk road or special road—

(a)the highway surface (being those elements over the waterproofing membrane) must, unless otherwise agreed in writing with the local planning authority, from its completion (such completion to be to the reasonable satisfaction of the relevant local highway authority) be maintained by and at the expense of the relevant local highway authority; and

(b)the remainder of the bridge, including the waterproofing membrane and structure below, must be maintained from its completion by and at the expense of the undertaker.

(4) In the case of any other bridge constructed under this Order to carry a highway (other than a trunk road or special road), both the highway surface (being those elements over the waterproofing membrane) and the remainder of the bridge must, unless otherwise agreed in writing with the relevant local highway authority, be maintained by and at the expense of the relevant local highway authority from its completion (such completion to be to the reasonable satisfaction of the relevant local highway authority).

(5) Where a street which is not and is not intended to be a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority, and unless otherwise agreed in writing with the street authority, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

(6) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street or structure 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 or structure to which the action relates was not dangerous to traffic.

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

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

(b)the standard of maintenance appropriate for a street or structure 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 or structure;

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

(e)where the undertaker could not reasonably have been expected to repair that part of the street or structure 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 or structure 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 or structure and that the competent person had carried out those instructions.

(8) Unless otherwise agreed with the relevant local highway authority, where the highway (including the surface of the highway) comprised in Works Nos. 1D, 1H, 3B, 6B, 6C, 7M, and 8D are to be maintained by and at the expense of the relevant local highway authority under this article, the planting and vegetation on either side of that highway must be maintained by the undertaker in accordance with paragraph 5 of Schedule 2 to this Order.

Access to works

11.  The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve (which includes altering) existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.

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.

Use of private roads for construction

13.—(1) The undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction of the authorised development.

(2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Permanent stopping up of streets and private means of access

14.—(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 and private means of access specified in column (1) of Parts 1 to 4 of Schedule 4 (permanent stopping up of streets and private means of access) to the extent specified and described in column (2) of that Schedule.

(2) No street or private means of access specified in column (1) of Parts 1 and 3 of Schedule 4 is to be wholly or partly stopped up under this article unless—

(a)the new street 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 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 or private means of access until the completion and opening of the new street or private means of access in accordance with sub-paragraph (a).

(3) No street or private means of access specified in column (1) of Parts 2 or 4 of Schedule 4 is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street or private means of access to be stopped up.

(4) The condition referred to in paragraph (3) is that—

(a)the undertaker is in possession of the land; or

(b)there is no right of access to the land from the street or private means of access concerned; or

(c)there is reasonably convenient access to the land otherwise than from the street or private means of access concerned; or

(d)the owners and occupiers of the land have agreed to the stopping up.

(5) Where a street or private means of access has been stopped up under this article—

(a)all rights of way over or along the street 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 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 (determination of questions of disputed compensation) of the 1961 Act.

(7) This article is subject to article 38 (apparatus and rights of statutory undertakers in stopped up streets).

Classification of roads, etc.

15.—(1) From the date on which the roads and public rights of way described in Parts 1 to 6 of Schedule 5 (classification of roads, etc.) are completed and open for traffic—

(a)the roads described in Part 1 (special roads) are to be—

(i)special roads for the purpose of any enactment or instrument which refers to highways classified as special roads;

(ii)trunk roads for the purpose of any enactment or instrument which refers to highways classified as trunk roads; and

(iii)provided for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 5 to the 1980 Act;

(b)the roads described in Part 2 (trunk roads) of Schedule 5 are to become trunk roads as if they had become so by virtue of an order under section 10(2) (general provision as to trunk roads)(18) of the 1980 Act specifying that date as the date on which they were to become trunk roads;

(c)the roads described in Part 3 (GLA roads) of Schedule 5 are GLA Roads as if they had become so by virtue of an order under section 14B (order of the authority changing what are GLA roads) of the 1980 Act specifying that date as the date on which they were to become GLA roads;

(d)the roads described in Part 4 (classified roads) of Schedule 5 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;

(e)the roads described in Part 5 (unclassified roads) of Schedule 5 are to become unclassified roads for the purpose of any enactment or instrument which refers to unclassified roads; and

(f)the public rights of way and permissive paths described in Part 6 (other public rights of way and permissive paths) of Schedule 5 will be of the type described in column (1) to the extent described in column (2) unless otherwise agreed with the relevant local highway authority.

(2) From the date that the roads described in—

(a)Part 1 (special roads) and Part 2 (trunk roads) of Schedule 5 have been completed and are open for traffic, the undertaker is the highway authority for those roads; and

(b)Part 3 (GLA Roads) of Schedule 5 have been completed and are open for traffic, Transport for London is the highway authority for those roads.

(3) Subject to paragraph (4) the undertaker may vary the classification of—

(a)any trunk road referred to in paragraph (1)(b) so that it is classified as a special road under paragraph (1)(a); or

(b)any special road referred to in paragraph (1)(a) so that it is classified as a trunk road under paragraph (1)(b).

(4) The undertaker must not exercise the powers conferred by paragraph (3) unless the undertaker has—

(a)given not less than 4 weeks’ notice in writing of the undertaker’s intention so to do to the chief officer of police and to the relevant local highway authority in whose area the road is situated; and

(b)published a notice, declaring the date on which that road or part of it is to be classified, not less than 7 days before that date, in at least one local newspaper circulating in the area in which the road or, as the case may be, the relevant part of it is situated and in the London Gazette.

(5) Before exercising the powers conferred by paragraph (3) the undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.

(6) Notwithstanding Schedule 1, the application of paragraphs (1) to (3) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters.

(7) In this article, “GLA road” has the same meaning as in section 14D(1) (construction of provisions relating to GLD roads)(19) of the 1980 Act.

Clearways, speed limits and prohibitions

16.—(1) From any such days as the undertaker may determine—

(a)no person is to drive any vehicle at a speed exceeding the limit in miles per hour specified in column (2) of Part 1 (speed limits) of Schedule 6 (traffic regulation measures) along the lengths of road identified in the corresponding row of column (1) of that Part;

(b)no person is to drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a variable message sign (paragraphs (4) and (5) make further provision in respect of variable speed limits);

(c)the restrictions specified in column (2) of Part 2 (clearways and other restrictions) of Schedule 6 are to apply to the lengths of road identified in the corresponding row of column (1) of that Part except upon the direction of, or with the permission of, a constable or traffic officer in uniform; and

(d)the orders specified in column (2) of Part 3 (variations of existing traffic regulation orders) of Schedule 6 are to be varied or revoked as specified in the corresponding row of column (3) of that Part in respect of the lengths of roads specified in the corresponding row of column (1) of that Part,

except that no speed limit imposed by or under paragraph (1)(a) or (b) applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011(20) when used in accordance with regulation 3(5) of those regulations.

(2) Nothing in paragraph (1)(c) applies—

(a)to render it unlawful to cause or permit a vehicle to stop or 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 to 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)(21) 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 planning authority or highway authority, safety camera partnership or 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(22); or

(iv)by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Services (Universal Postal Service) Order 2012(23); or

(c)in relation to a vehicle waiting 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 stop or wait on any part of the roads described in Part 2 (trunk roads) of Schedule 5 for the purposes 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) In relation to those sections of road identified in column (1) of Part 1 (speed limits) of Schedule 6 (traffic regulation measures) as being subject to a variable speed limit in column (2) of that Part, a vehicle will be subject to the speed limit shown on a variable messaging sign provided that vehicle has not subsequently passed—

(a)another speed limit sign indicating a different speed limit; or

(b)a traffic sign which indicates that the national speed limit is in force.

(5) The speed limit indicated by a variable messaging sign is the speed shown at the time the vehicle passes the sign, or—

(a)if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign; or

(b)if, no speed limit is shown by the sign ten seconds before the vehicle passed the sign, the national speed limit.

(6) Paragraphs (1) to (5) 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.

(7) In this article—

“a traffic sign which indicates that the national speed limit is in force” means a traffic sign of the type shown in diagram 671 in Part 2 (signs and road markings indicating speed limits) of Schedule 10 (signs for speed limits)to those Regulations and General Directions;

“national speed limit” has the meaning given by Schedule 1 (definitions)(24) to the Traffic Signs Regulations and General Directions 2016;

“road” includes the adjacent hard shoulder and verge;

“speed limit sign” means a traffic sign of the type shown in diagram 670 in Part 2 of Schedule 10 or diagram 6001 in Part 2 (matrix signs and light signals for motorways and all-purpose dual carriageway roads) of Schedule 15 (matrix signs and light signals for the control of moving traffic on motorways and dual carriageway roads) to the Traffic Signs Regulations and General Directions 2016 which is—

and

“variable message sign” has the meaning given by Schedule 1 (definitions) to the Traffic Signs Regulations and General Directions 2016.

Traffic regulation – local roads

17.—(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 relevant traffic authority in whose area the road concerned is situated, which must not be unreasonably withheld or delayed, 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, restrict, regulate 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 24 months from the opening of the last part 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 relevant 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)except in a case of emergency, 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 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 28 days of the receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of the 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 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 (power of local authorities to provide parking spaces)(25) 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 conferred by 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 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 relevant 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 provided the application includes the statement required under paragraph (12).

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