Article 12 Street worksI1

England, Wales and Scotland

(1)

The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) and may—

(a)

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

(b)

tunnel or bore under the street or carry out 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;

(e)

maintain, renew or alter apparatus in the street, change its position or remove it;

(f)

demolish, remove, replace and relocate any street furniture;

(g)

execute any works to provide or improve sight lines;

(h)

execute and maintain any works to provide hard and soft landscaping;

(i)

carry out re-lining and placement of road markings;

(j)

remove and install temporary and permanent signage; and

(k)

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

(2)

Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraph (3) the undertaker may carry out any of the works referred to in paragraph (1) in any street.

(3)

The powers conferred by paragraph (2) may not be exercised without the consent of the street authority but such consent must not be unreasonably withheld and if the street authority has received an application for consent to exercise powers under paragraph (2) accompanied by all relevant information and fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application is submitted with all relevant information, it is deemed to have granted consent.

(4)

The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

(5)

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

(6)

Where the undertaker is not the street authority the provisions of sections 54 (advance notice of certain works) to 106 (index of defined expressions) of the 1991 Act apply to any such works.

Annotations

Commencement

I1: Art. 12 in force at 4.4.2025, see art. 1