Paragraph 4 Apparatus in stopped up public rights of wayI1
England and Wales
Where any public right of way is stopped up under article 15 (public rights of way – creation, diversion and stopping up), any utility undertaker whose apparatus is in the land in which the public right of way subsists has the same powers and rights in respect of that apparatus in the land in which the public right of way subsists as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.
Regardless of the temporary F1stopping up, alteration, diversion or restriction of any street under the powers conferred by article 14 (temporary F2stopping up of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street.
Annotations
Textual amendments
- F1
Words in Sch. 9 para. 4(2) inserted (21.1.2026) by The Gatwick Airport (Northern Runway Project) Development Consent (Correction) Order 2026 (S.I. 2026/43), art. 1, Sch. (which affecting local non-print S.I. is replaced by printed local S.I. 2026/1055)
- F2
Words in Sch. 9 para. 4(2) substituted (21.1.2026) by The Gatwick Airport (Northern Runway Project) Development Consent (Correction) Order 2026 (S.I. 2026/43), art. 1, Sch. (which affecting local non-print S.I. is replaced by printed local S.I. 2026/1055)
Commencement
- I1
Sch. 9 para. 4 in force at 12.10.2025, see art. 1