Article 12 Power to alter layout, etc., of streets

(1)

The undertaker may for the purposes of the authorised development, or in connection with the authorised development, alter the layout of or carry out any works in the streets specified in column (1) of Schedule 4 (alteration of streets) in the manner specified in relation to that street in column (2).

(2)

Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraphs (3) and (4), the undertaker may, for the purposes of constructing, operating maintaining or decommissioning the authorised development, alter permanently or temporarily the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—

(a)

alter the level or increase the width of the carriageway by reducing the width of any kerb or verge within the street;

(b)

alter the level or increase the width of any such kerb or verge;

(c)

make and maintain passing places; and

(d)

alter, remove, replace, install and relocate any street furniture, including bollards, lighting columns, road signs and chevron signs.

(3)

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

(4)

The powers conferred by paragraph (2) must not be exercised without the prior written consent of the street authority.

(5)

Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.

(6)

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.

(7)

For deemed consent under paragraph (6) to apply to any application for consent under paragraph (4), the application must include a statement that the provisions of paragraph (6) apply to that application.

(8)

If an application for consent under paragraph (4) does not include the statement required under paragraph (7), then the provisions of paragraph (6) will not apply to that application.