Article 16 Temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of wayI1

England and Wales

(1)

The undertaker may for the purposes of the authorised development, temporarily alter, divert, prohibit the use of or restrict the use of any street or public right of way and may for any reasonable time—

(a)

divert the traffic from the street or public right of way; and

(b)

subject to paragraph (3), prevent all persons or traffic from passing along the street or public right of way.

(2)

Without prejudice to the scope of paragraph (1), the undertaker may use any street or public right of way where the use has been prohibited or restricted under the powers conferred by this article and within the Order limits as a temporary working site.

(3)

The undertaker must provide reasonable access for non-motorised users (including pedestrians) and vehicles going to or from premises abutting a street or public right of way affected by the temporary alteration, diversion, prohibition or restriction of a street or public right of way under this article if there would otherwise be no such access.

(4)

Without prejudice to the generality of paragraph (1), the undertaker may—

(a)

temporarily alter, divert, prohibit the use of or restrict the use of the streets or public rights of way specified in columns (1) and (2) of Part 1 (temporary alteration, prohibition, diversion or restriction of the use of streets and public rights of way) of Schedule 7 (temporary alteration, prohibition, diversion or restriction of the use of streets and public rights of way and authorising vehicular use on public rights of way) to the extent specified in column (3) of that Schedule; and

(b)

authorise the temporary use of motor vehicles on the public rights of way specified in column (2) of the table in Part 2 (temporary use of motor vehicles on public right of way) of Schedule 7 (temporary alteration, prohibition, diversion or restriction of the use of streets and public rights of way and authorising vehicular use on public rights of way) to the extent specified in column 3 of that table.

(5)

Paragraph (4)(b), and any authorisation given by the undertaker under it constitutes lawful authority for the purposes of section 34 (prohibition on driving mechanically propelled vehicles elsewhere than on roads) of the Road Traffic Act 1988^f1.

(6)

The undertaker must not temporarily alter, divert, prohibit the use of or restrict the use of—

(a)

any public right of way specified in paragraph (4) without—

(i)

in relation to the construction of the authorised development only, a code of construction practice for the phase of the authorised development in which the public right of way is situated first having been approved under requirement 7 (code of construction practice); and

(ii)

in relation to the decommissioning of the authorised development only, a decommissioning environmental management plan for the phase of the authorised development in which the public right of way is situated first having been approved under requirement 23 (decommissioning environmental management plan); and

(b)

any other street without the consent of the street authority.

(7)

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, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8)

In this article expressions used in this article and in the 1984 Act have the same meaning.

Article 16 Temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of wayI1

Annotations

Commencement

Footnotes