PART 3STREETS
Street works
article 9 9.—(1) The undertaker may, for the purposes of the authorised project, enter on so much of any of the streets specified in columns (2) and (3) of Schedule 2 (streets subject to street works) as is within the Order limits and may—
article 9 1 a (a)break up or open the street, or any sewer, drain or tunnel within or under it;
article 9 1 b (b)tunnel or bore under the street;
article 9 1 c (c)remove or use all earth and materials in or under the street;
article 9 1 d (d)place and keep apparatus in on or under the street;
article 9 1 e (e)remove, maintain or renew apparatus in on or under the street or change its position;
article 9 1 f (f)execute and maintain any works to provide hard and soft landscaping; and
article 9 1 g (g)execute and maintain any works required for or incidental to any works referred to in sub-paragraphs (a) to (f).
(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.
term apparatus (3) In this article “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act.
Application of the 1991 Act
article 10 10.—(1) The provisions of the 1991 Act mentioned in sub-paragraph (2) that apply in relation to the carrying out of street works under that Act and any regulations made or code of practice issued or approved under those provisions apply (with all necessary modifications) in relation to—
article 10 1 a (a)the carrying out of works under article 9 (street works); and
article 10 1 b (b)the temporary closure, temporary alteration or temporary diversion of a street by the undertaker under article 11 (temporary closure of streets),
whether or not the carrying out of the works or the closure, alteration or diversion constitutes street works within the meaning of that Act.
(2) The provisions of the 1991 Act are—
article 10 2 a (a)subject to sub-paragraph (3), section 55 (notice of starting date of works);
article 10 2 b (b)section 57 (notice of emergency works);
article 10 2 c (c)section 60 (general duty of undertakers to co-operate);
article 10 2 d (d)section 68 (facilities to be afforded to street authority);
article 10 2 e (e)section 69 (works likely to affect other apparatus in the street);
article 10 2 f (f)section 76 (liability for cost of temporary traffic regulation);
article 10 2 g (g)section 77 (liability for cost of use of alternative route); and
article 10 2 h (h)all provisions of that Act that apply for the purposes of the provisions referred to in sub- paragraphs (a) to (g).
(3) Section 55 of the 1991 Act as applied by sub-paragraph (2) has effect as if references in section 57 of that Act to emergency works included a reference to a closure, alteration or diversion (as the case may be) required in a case of emergency.
Temporary closure of streets
article 11 11.—(1) The undertaker may, during and for the purposes of carrying out the authorised project, temporarily close, alter or divert any street and may for any reasonable time—
article 11 1 a (a)divert the traffic or a class of traffic from the street; and
article 11 1 b (b)subject to sub-paragraph (3), prevent all persons from passing along the street.
(2) Without limiting sub-paragraph (1), the undertaker may use any street temporarily closed under the powers conferred by this article 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 affected by the temporary closure, alteration or diversion of a street under this article if there would otherwise be no such access.
(4) Without limiting sub-paragraph (1), the undertaker may temporarily close, alter or divert the streets set out in column (2) of Schedule 3 (streets to be temporarily closed) to the extent specified, by reference to the letters and numbers shown on the access rights of way and streets plans, in column (3) of that schedule.
(5) The undertaker must not temporarily close, alter, divert or use as a temporary working site—
article 11 5 a (a)any street referred to in sub-paragraph (4) without first consulting the street authority; and
article 11 5 b (b)any other street without the consent of the street authority, which may attach reasonable conditions to the consent.
(6) 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, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(7) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under sub-paragraph (5)(b) that street authority is deemed to have granted consent.
Public rights of way
article 12 12.—(1) The undertaker may, in connection with the carrying out of the authorised project—
article 12 1 a (a)temporarily close the public rights of way specified in columns (1) and (2) of Part 1 of Schedule 4 (public rights of way) to the extent specified in column (3) of that Part of that Schedule by reference to the numbers and letters shown on the access rights of way and streets plan;
article 12 1 b (b)temporarily close each of the public rights of way specified in columns (1) and (2) of Part 2 of Schedule 4 (public rights of way ) to the extent specified, in column (3) of that Part of that Schedule and provide the temporary substitute public right of way described in column (4) of that Part 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;
article 12 1 c (c)temporarily close each of the public rights of way specified in columns (1) and (2) of Part 3 of Schedule 4 (public rights of way) to the extent agreed with the highway authority and in respect of the National Trail to the extent agreed with the South Downs National Park Authority and provide substitute temporary public rights of way on an alignment to be agreed with the highway authority or South Downs National Park Authority as applicable prior to the temporary closure of the public right of way concerned; and
article 12 1 d (d)temporarily close or divert any other public right of way to the extent agreed with the highway authority.
(2) The public rights of way specified in columns (1) and (2) of Parts 2 and 3 of Schedule 4 (public rights of way) may not be wholly or partly closed under this article unless the temporary part of the substitute public right of way referred to in column (4) of Part 2 or an alternative temporary substitute public right of way agreed by the highway authority or South Downs National Park Authority in respect of the National Trail has first been provided by the undertaker.
(3) If the highway authority or South Downs National Park Authority fails to notify the undertaker of its decision within 28 days of receiving an application for agreement under sub-paragraph (1)(c) or (1)(d) that highway authority is deemed to have granted consent.
Access to works
article 13 13.—(1) The undertaker may, for the purposes of the authorised project—
article 13 1 a (a)form, lay out and maintain a means of access, or improve or maintain an existing means of access, in the approximate locations specified in columns (1) and (2) of Schedule 5 (access to works); and
article 13 1 b (b)with the approval of the relevant planning authority following consultation with the highway authority form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised project.
(2) If the relevant planning authority fails to notify the undertaker of its decision within 45 days of receiving an application for approval under sub-paragraph (1)(b) that relevant planning authority is deemed to have granted approval.
Agreements with street authorities
article 14 14.—(1) A street authority and the undertaker may enter into agreements with respect to—
article 14 1 a (a)any temporary closure, alteration or diversion of a street authorised by this Order; or
article 14 1 b (b)the carrying out in the street of any of the works referred to in article 9(1) (street works).
(2) Such agreement may, without prejudice to the generality of sub-paragraph (1)—
article 14 2 a (a)make provision for the street authority to carry out any function under this Order which relates to the street in question;
article 14 2 b (b)include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and
article 14 2 c (c)contain such terms as to payment and otherwise as the parties consider appropriate.
Power to alter layout etc. of streets
article 15 15.—(1) Subject to sub-paragraphs (2) and (3), the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with constructing, operating and maintaining the authorised project, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—
article 15 1 a (a)alter the level or increase the width of any kerb, footway, cycle track or verge; and
article 15 1 b (b)make and maintain passing place(s).
(2) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.
(3) The powers conferred by sub-paragraph (1) must not be exercised without the consent of the street authority.
(4) Sub-paragraphs (2) and (3) do not apply where the undertaker is the street authority for a street in which the works are being carried out.
(5) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under sub-paragraph (3) that street authority is deemed to have granted consent.
Temporary speed limits
article 16 16.—(1) 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 or maintenance of the authorised project, 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.
(2) The undertaker must not exercise the powers in paragraph (1) unless it has given not less than 4 weeks’ notice in writing of its intention so to do to the chief officer of police and to the relevant traffic authority.
(3) The temporary speed limits imposed by this Order are deemed to have been imposed by an order under the 1984 Act and—
article 16 3 a (a)have the same effect; and
article 16 3 b (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.
(4) No temporary 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(a) when used in accordance with regulation 3(5) of those Regulations.