Article 13 Stopping up of public rights of way
Subject to the provisions of this article, the undertaker may close the public rights of way shown on the rights of way and access plans and specified in Part 6 (stopping up and diversion of public rights of way) of Schedule 6 (streets and public rights of way) to the extent specified and described in column (3) of that Part of that Schedule.
No public right of way specified in Part 6 of Schedule 6 is to be wholly or partly stopped up under this article unless—
the new public right of way to be constructed and substituted for it, which is specified in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or
an appropriate temporary alternative route for the passage of such traffic as could have used the public right of way to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for that public right of way until the completion and opening of the new public right of way in accordance with sub-paragraph (a).
Where a public right of way has been stopped up and the new permanent route completed under sub-paragraph (2)—
all rights of way over or along the public right of way so stopped up are extinguished; and
the undertaker may appropriate and use for the purposes of the authorised development the site of that public right of way only where that public right of way is bounded on both sides by land owned by the undertaker.
Following the opening for public use of the new route of a public right of way once the previous route has been stopped up and diverted under the powers conferred by this article, the undertaker must supply the surveying authority with plans of the new route of the public right of way together with a statement of the modifications required to the definitive map and statement.
The plans and statement of modifications to the definitive statement referred to in paragraph (4) are deemed to be an order modifying the definitive map and statement made under section 53(3)(a) (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981.
This article is subject to article 33 (apparatus and rights of statutory undertakers in closed streets).
In this article “surveying authority” has the meaning given to it by section 66(1) (interpretation of Part III) of the Wildlife and Countryside Act 1981.