Article 15 Public rights of way – creation, diversion and stopping upI1

England and Wales

(1)

Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development—

(a)

divert each of the public rights of way specified in columns (1) and (2) of Part 1 (public rights of way to be diverted for which a substitute is to be provided) of Schedule 4 (public rights of way, footways and cycle tracks to be stopped up) to the extent specified in column (3) of that Part of that Schedule;

(b)

provide the substitute public rights of way described in column (4) of Part 1 of Schedule 4;

(c)

temporarily stop up public rights of way to the extent agreed with the relevant highway authority and provide substitute temporary public rights of way between terminus points, on an alignment to be agreed with the relevant highway authority (in both respects agreement not to be unreasonably withheld or delayed); and

(d)

stop up each of the public rights of way specified in columns (1) and (2) of Part 2 (public rights of way to be permanently stopped up for which no substitute is to be provided) of Schedule 4 to the extent specified in column (3) of that Part of that Schedule.

(2)

No public right of way may be diverted pursuant to paragraph (1)(a) unless the respective substitute public right of way has first been provided pursuant to paragraph (1)(b) to the reasonable satisfaction of the relevant highway authority.

(3)

No public right of way may be closed pursuant to paragraph (1)(c) unless the substitute temporary public right of way agreed with the relevant highway authority has been provided to the reasonable satisfaction of the relevant highway authority.

(4)

Any temporary diversion route agreed by the relevant highway authority under paragraph (3) must be maintained by the undertaker for the duration of the diversion with appropriate clear signage of the temporarily diverted route.

(5)

The undertaker must in connection with the carrying out of the authorised development provide the new footways and cycle tracks specified in columns (1) and (2) of Part 3 (footways and cycle tracks) of Schedule 4.

Annotations

Commencement

I1: Art. 15 in force at 12.10.2025, see art. 1