OpenLegislation

Article 15 Temporary closure of streets and public rights of wayI1

England and Wales

(1)

During and for the purposes of carrying out the authorised development, the undertaker may temporarily close, alter or divert any street or public right of way shown on the access, rights of way and public rights of navigation plans or within the Order limits and may for any reasonable time—

(a)

divert the traffic from the street or public right of way; and

(b)

subject to paragraph (3), prevent all persons from passing along the street or public right of way.

(2)

Without limitation on the scope of paragraph (1), the undertaker may, with the consent of the street authority, use as a temporary working site any street or public right of way which has been temporarily closed, altered or diverted under the powers conferred by this article.

(3)

The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or public right of way affected by the temporary closure, alteration or diversion under this article if there would otherwise be no reasonable access.

(4)

Without limitation on the scope of paragraph (1), the undertaker may temporarily close, alter or divert the streets or public rights of way specified in columns (1) and (2) of Parts 1 and 2 of Schedule 7 (streets or public rights of way to be temporarily closed) to the extent specified, by reference to the letters and numbers shown on the access, rights of way and public rights of navigation plans, in column (3) of that Schedule, and, if it does so in respect of a street or public right of way specified in Part 1 of Schedule 7, must provide the temporary diversion as specified in column (4) of that Part.

(5)

The undertaker must not temporarily close, alter or divert—

(a)

any street or public right of way specified as mentioned in paragraph (4) without first consulting the street authority; or

(b)

any other street or public right of way without the consent of the street authority which may attach reasonable conditions to any consent.

(6)

Where the undertaker provides a temporary diversion under paragraph (4), the temporary alternative route is not required to be of a higher standard than the temporarily closed street or public right of way in columns (1) and (2) of F1Part 1 of Schedule 7 (streets or public rights of way to be temporarily closed).

(7)

Prior to the reopening of any street or public right of way temporarily closed, altered or diverted under paragraph (4), the undertaker must remove all temporary works and restore the street or public right of way to the reasonable satisfaction of the street authority.

(8)

Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(9)

If a street authority which receives an application for consent under F2paragraph (2) or (5)(b) fails to notify the undertaker of its decision before the end of the period of 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, it is deemed to have granted consent.

(10)

Any application for consent under F3paragraph (2) or (5)(b) must include a statement that the provisions of paragraph (9) apply to that application.

(11)

If an application for consent under F4paragraph (2) or (5)(b) does not include the statement required under paragraph (10), then the provisions of paragraph (9) will not apply to that application.

Annotations

Textual amendments

F1

Words in art. 15(6) substituted (9.4.2025) by The National Grid (Bramford to Twinstead Reinforcement) (Correction) Order 2025 (S.I. 2025/475), art. 1, Sch. Table 1

F2

Words in art. 15(9) substituted (9.4.2025) by The National Grid (Bramford to Twinstead Reinforcement) (Correction) Order 2025 (S.I. 2025/475), art. 1, Sch. Table 1

F3

Words in art. 15(10) substituted (9.4.2025) by The National Grid (Bramford to Twinstead Reinforcement) (Correction) Order 2025 (S.I. 2025/475), art. 1, Sch. Table 1

F4

Words in art. 15(11) substituted (9.4.2025) by The National Grid (Bramford to Twinstead Reinforcement) (Correction) Order 2025 (S.I. 2025/475), art. 1, Sch. Table 1

Commencement

I1

Art. 15 in force at 4.10.2024, see art. 1