Article 10 Street works

(1)

The undertaker may for the purposes of the authorised development, enter on so much of any of the streets as are within the Order limits and may—

(a)

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

(b)

drill, tunnel or bore under the street;

(c)

place and keep apparatus under the street;

(d)

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

(e)

repair, replace or otherwise alter the surface or structure of the street or any culvert under the street; and

(f)

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

(2)

The authority given by paragraph (1) 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.

(3)

Notwithstanding article 11 (application of the 1991 Act) the provisions of sections 54 (notice of certain works) to 106 (index of defined expressions) of the 1991 Act apply to any street works carried out under paragraph (1).

(4)

The powers conferred by paragraph (1) must not be exercised without prior written consent of the street authority.

(5)

If a street authority which receives an application for consent under paragraph (4) 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 was made, it is deemed to have granted consent.

(6)

For deemed consent under paragraph (5) to apply to any application for consent under paragraph (4), the application must include a statement that the provisions of paragraph (5) apply to that application

(7)

If an application for consent under paragraph (4) does not include the statement required under paragraph (6), then the provisions of paragraph (5) will not apply to that application.