Article 11 Street worksI1

England and Wales

(1)

The undertaker may, for the purposes of the authorised development, or for purposes ancillary to it, enter upon so much of any of the streets specified in column (2) of Schedule 5 (streets subject to street works) as is within the Order limits and may without the consent of the street authority—

(a)

break up or open the street, or any sewer, drain or tunnel within or under it;

(b)

tunnel, drill or bore under the street, or carry out any works to strengthen or repair the carriageway;

(c)

remove or use all earth and materials in or under the street;

(d)

place and keep apparatus in the street (including signage);

(e)

maintain, renew or alter apparatus or furniture in or on the street or change its position;

(f)

execute any works to provide or improve sight lines required by the highway authority;

(g)

execute and maintain any works to provide hard and soft landscaping and any other works for the benefit or protection of the environment;

(h)

carry out re-lining and placement of new temporary markings; and

(i)

execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (h).

(2)

Without limiting the scope of the powers conferred by paragraph (1) but subject to the consent of the street authority, the undertaker may, for the purposes of the authorised development, or for purposes ancillary to it, enter on so much of any other street whether or not within the Order limits, for the purposes set out at sub-paragraph (1)(a) to (i) and paragraph (3) of article 8 (application of the 1990 Act) applies.

(3)

If a street authority that receives an application for consent under paragraph (2) fails to notify the undertaker of its decision within 35 days (or such other period as agreed by the street authority and the undertaker) beginning with the date on which the application was received, that authority will be deemed to have granted consent.

(4)

Any application for consent under paragraph (2) must include a statement that the provisions of paragraph (3) apply to that application.

(5)

If an application for consent under paragraph (2) does not include the statement required under paragraph (4), then the provisions of paragraph (3) will not apply to that application.

(6)

The authority given by paragraph (1) or (2) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(7)

The powers conferred in paragraphs (1) or (2) are without limitation of the powers of the undertaker under the Electricity Act 1989^f1.

(8)

In this article “apparatus” has the meaning given in Part 3 of the 1991 Act.

Article 11 Street worksI1

Annotations

Commencement

Footnotes