Article 15 Permanent stopping up of specified street and private means of accessI1

England and Wales

(1)

Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised development, permanently stop up—

(a)

the street shown on the access and rights of way plan and specified in column (3) of Part 1 (street to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access); and

(b)

the private means of access shown on the access and rights of way plan and specified in column (3) of Part 2 (private means of access to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access).

(2)

The street in column (3) of Part 1 (street to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) must not be permanently stopped up unless the new street to be constructed and substituted for it, which is specified in column (4) of Part 1 (street to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) is open for use.

(3)

The private means of access shown on the access and rights of way plan and specified in column (3) of Part 2 (private means of access to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) must not be permanently stopped up unless the new private means of access to be constructed and substituted for it, which is specified in column (4) of Part 2 (private means of access to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) is open for use.

(4)

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 side of the street or private means of access as is bounded on both sides by land owned by the undertaker.

(5)

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.

(6)

This article is subject to article 40 (apparatus and rights of statutory undertakers in stopped up streets).

Annotations

Commencement

I1: Art. 15 in force at 27.11.2025, see art. 1