Paragraph 109 AccessI1
England and Wales
Access for the PLA or any person acting under its instruction, including access for vehicles and plant, to the PLA Property over plots 01-001 and 01-002 and to any apparatus utilities and services, will not be extinguished or prevented and must not be unreasonably restricted or delayed by the undertaker during the construction, operation, maintenance or decommissioning of the authorised development.
Unreasonable delay or restriction in sub-paragraph (1) will not prevent the temporary restriction of access for other users (including access by the public) or the control or marshalling of access to facilitate the safe movement of large vehicles or plant or the carrying out of works to the access route by the undertaker, subject to the provisions of sub-paragraphs (3) and (4) of this paragraph.
Where any part of the access to the PLA Property is restricted or controlled by the undertaker, any physical measures shall be agreed by the PLA (acting reasonably) prior to the implementation. The undertaker must provide access to the PLA Property on request by the PLA (which may be verbal) or any person acting under its instruction and take immediate steps to allow access to and from the PLA Property through or around that restriction or physical measure.
The undertaker may not temporarily close, alter or divert the access route to the PLA Property over plots 01-001 and 01-002 under article 14 (temporary restriction of use of streets) or article 17 (power to alter layout etc. of streets) of this Order or any other power in this Order in so far as any such works create or result in physical measures impeding access unless the closure, alteration or diversion and the means of maintaining access for the PLA during such closure, alteration or diversion has been agreed between the undertaker and the PLA (such agreement must not be unreasonably withheld or delayed).
Annotations
Commencement
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Sch. 9 para. 109 in force at 8.1.2026, see art. 1