Article 9 Power to alter layout, etc., of streetsI1

England and Wales

(1)

The undertaker may for the purposes of the authorised development alter the layout of or carry out any works in the street—

(a)

in the case of the streets specified in column 2 of the table in Part 1 (permanent alteration of layout) of Schedule 5 (alteration of streets) permanently in the manner specified in relation to that street in column 3; and

(b)

in the case of the streets as specified in column 2 of the table in Part 2 (temporary alteration of layout) of Schedule 5 (alteration of streets) temporarily in the manner specified in relation to that street in column 3.

(2)

Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraphs (3) and (4), the undertaker may, for the purposes of constructing, operating or maintaining the authorised development, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—

(a)

alter the level or increase the width of any kerb, footway, cycle track or verge; and

(b)

make and maintain passing places.

(3)

The undertaker must restore any street that has been temporarily altered under this Order to the reasonable satisfaction of the street authority.

(4)

The powers conferred by paragraph (2) may not be exercised without the consent of the street authority, such consent to be in a form reasonably required by the street authority.

(5)

Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.

Annotations

Commencement

I1: Art. 9 in force at 27.9.2024, see art. 1