Article 16 Public rights of way – creation and temporary stopping upI1

England, Wales and Scotland As made

(1)

Subject to the provisions of this article, the undertaker may, for any reasonable time, in connection with the carrying out and maintaining of the authorised development—

(a)

temporarily stop up the public rights of way specified in columns (1) and (2) of Part 1 of Schedule 5 (public rights of way to be temporarily suspended) to the extent specified in column (3) of that Part of that Schedule;

(b)

provide substitute temporary public rights of way where specified in column (4) of Part 1 of Schedule 5 (public rights of way to be temporarily suspended) on an alignment to be agreed with the relevant highway authority prior to the temporary stopping up of the public right of way concerned; and

(c)

temporarily stop up any other public rights of way to the extent agreed with the relevant highway authority.

(2)

Any temporary substitute right of way must be maintained by the undertaker with appropriate signage, and must remain in place until the relevant temporarily suspended public right of way for which it is a substitute is again open for use by the public.

(3)

The undertaker must not exercise the powers in paragraph (1) unless it has given not less than 28 days’ notice in writing of its F1intention to do so to the relevant highway authority.

(4)

The undertaker may in connection with carrying out of the authorised development provide the new public rights of way specified in column (2) of Part 2 of Schedule 5 (new public rights of way to be created) and open them for use on such day as approved by the relevant highway authority.

Annotations

Textual amendments

F1: Words in art. 16(3) substituted (15.5.2026) by The North Lincolnshire Green Energy Park (Correction) Order 2026 (S.I. 2026/533), arts. 1, 2, Sch.

Commencement

I1: Art. 16 in force at 4.4.2025, see art. 1