Article 7 Temporary closure of Warrengate Road and Hawkshead Lane and interference with flood water during operation of the flood gates
England and Wales
The Agency shall, during and for the purposes set out in paragraph (2), temporarily close Warrengate Road and Hawkshead Lane and may at any time and for such period as it considers reasonably necessary to do so—
divert the traffic from the above roads; and
subject to paragraph (4), obstruct the public right of way on Warrengate Road by closing the flood gates or road closure barriers, or on Hawkshead Lane by placing traffic cones or other similar moveable closure apparatus on the carriageway.
The purposes referred to in paragraph (1) are—
to test the operation of the flood gates or road closure barriers, carry out maintenance or to train any person in their operation; and
to operate the flood gates or road closure barriers in the interests of flood defence.
Without prejudice to the application of Chapter II of Part II of the Water Resources Act 1991 the Agency may by means of closing the flood gates intercept, divert or otherwise interfere with any flood water.
The Agency shall provide at all times reasonable access for pedestrians going to or from premises abutting Warrengate Road and Hawkshead Lane insofar as they are affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
The Agency—
shall not exercise the powers of article 7(2)(a) without first obtaining the consent of the highway authority, such consent not to be unreasonably withheld; and
shall inform the highway authority as soon as reasonably practicable after exercising the powers of article 7(2)(b).
In exercising its powers under this article, the Agency shall keep inconvenience and disruption to the public to the minimum possible consistent with the proper operation and maintenance of the flood gates in the interests of flood defence.