Article 10 Temporary stopping up and diversion of streetsI1

England and Wales

(1)

Network Rail may, during and for the purposes of the execution of the authorised works, temporarily stop up, alter or divert any existing street and may for any reasonable time—

(a)

divert the traffic from the street; and

(b)

subject to paragraph (3), prevent all persons from passing along the street.

(2)

Without limiting the scope of paragraph (1), Network Rail may use any street stopped up under the powers conferred by this article as a temporary working site.

(3)

Network Rail shall provide reasonable access for pedestrians going to or from premises abutting a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

(4)

Without limiting the scope of paragraph (1), Network Rail may exercise the powers conferred by this article—

(a)

in relation to the existing streets specified in column (1) of Schedule 4 (streets to be stopped up and provision of substitutes) to the extent specified, by reference to the letters and numbers shown on the rights of way plan; and

(b)

in relation to the streets specified in Schedule 5 (streets to be temporarily stopped up) to the extent specified in column (2) of that Schedule and by reference to the letters and numbers shown on the rights of way plan, where appropriate.

(5)

Network Rail shall not exercise the powers conferred by this article—

(a)

in relation to any street specified as mentioned in paragraph (4) without first consulting the street authority; and

(b)

in relation to any other street, without the consent of the street authority, which may attach reasonable conditions to any consent, but such consent shall not be unreasonably withheld.

(6)

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

(7)

If a street authority which receives an application for consent under paragraph (5)(b) fails to notify Network Rail of its decision before the end of the period of 28 days beginning with the date on which the application was made, it shall be deemed to have granted consent.

Annotations

Commencement

I1: Art. 10 in force at 21.4.2011, see art. 1