Article 12 Application of the permit schemeI1

England and Wales

(1)

The permit scheme must, in relation to streets which are subject to the permit scheme, be used by the undertaker in connection with works sought to be undertaken pursuant to the exercise of the following powers, or in the exercise of such powers—

(a)

article 13 (street works);

(b)

article 14 (power to alter layout, etc., of streets);

(c)

article 18(1)(b) (access to the authorised development); and

(d)

article 20 (traffic regulation measures).

(2)

Where paragraph (1) applies—

(a)

a permit application in relation to those works may not be refused or granted under the permit scheme subject to conditions which relate to the imposition of moratoria; and

(b)

a permit in relation to those works may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order, the terms of any consent, agreement or approval granted under the terms of this Order, or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.

(3)

References to moratoria in paragraph (2) mean restrictions imposed under section 58 (restrictions on works following substantial road works) or section 58A (restrictions on works following substantial street works) of the 1991 Act.

(4)

Without restricting the undertaker’s recourse to any alternative appeal mechanism which may be available under the permit scheme, the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions pursuant to the permit scheme in accordance with the mechanism set out in Schedule 14 of this Order.

Annotations

Commencement

I1: Art. 12 in force at 27.11.2025, see art. 1