PART 3Streets

Traffic regulation

article 17 + 17.—(1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which may attach reasonable conditions to any consent but which consent must not be unreasonably withheld or delayed, the undertaker may at any time, for the purposes of, or in connection with, the construction of the authorised development—

article 17 1 a + (a)revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

article 17 1 b + (b)permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

article 17 1 c + (c)authorise the use as a parking place of any road;

article 17 1 d + (d)make provision as to the direction or priority of vehicular traffic on any road; and

article 17 1 e + (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.

(2) The undertaker must consult the chief officer of police and seek the consent of the traffic authority in whose area the road is situated by complying with the provisions of paragraph (3).

(3) The undertaker must not exercise the powers conferred by paragraph (1) unless it has—

article 17 3 a + (a)given not less than 42 days’ notice in writing of its intention so to do to the chief officer of police and to the traffic authority in whose area the road is situated; and

article 17 3 b + (b)advertised its intention in such manner as the traffic authority may specify in writing within seven days of its receipt of notice of the undertaker’s intention as provided for in sub-paragraph (a).

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

article 17 4 a + (a)has effect as if duly made by, as the case may be—

article 17 4 a i + (i)the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

article 17 4 a ii + (ii)the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking places) 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

article 17 4 b + (b)is 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(1).

(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 of paragraph (1) at any time.

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

(7) If the traffic authority fails to notify the undertaker of its decision within 42 days of receiving an application for consent under paragraph (1) the traffic authority is deemed to have granted consent.