Article 14 Temporary closure or restriction of streets and public rights of way

(1)

The undertaker may, for the purposes of, or in connection with, the construction, operation, maintenance and decommissioning of the authorised development, temporarily close, alter, divert or restrict the use by vehicles, or classes of vehicles, or pedestrians of—

(a)

the streets set out in column (1) of Part 1 of Schedule 5 (streets and public rights of way to be temporarily closed or restricted) to the extent specified, by reference to the letters and numbers shown on the streets and access plan in column (1) of that Schedule; and

(b)

the public rights of way set out in column (1) of Part 2 of Schedule 5 (streets and public rights of way to be temporarily closed or restricted) to the extent specified, by reference to the letters and numbers shown on the streets and access plan in column (1) of that Schedule.

(2)

Without prejudice to the specific powers in paragraph (1) and subject to paragraph (5) the undertaker, for the purposes of, or in connection with, the construction, operation, maintenance and decommissioning of the authorised development may temporarily close, alter, divert, prohibit the use of, authorise the use of or restrict the use of any street or public right of way and may for any reasonable time—

(a)

divert the traffic or a class of traffic from the street or public right of way; and

(b)

subject to paragraph (4), prevent all persons from passing along the street or public right of way.

(3)

The undertaker may use any street temporarily closed, altered, diverted, prohibited or restricted under the powers conferred by this article within the Order limits as a temporary working site.

(4)

The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or public right of way affected by the temporary closure, alteration, diversion or restriction of a street or public right of way under this article if there would otherwise be no such access.

(5)

The undertaker must not temporarily close, alter, divert, prohibit the use of, authorise the use of, or restrict the use of—

(a)

any street or public right of way referred to in paragraph (1) without first consulting the street authority; and

(b)

any other street or public right of way without the consent of the street authority, which may attach reasonable conditions to the consent, such consent not to be unreasonably withheld.

(6)

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

(7)

The undertaker, during and for the purposes of carrying out the authorised development, may temporarily close, prohibit the use of, authorise the use of, restrict the use of, alter or divert any public right of way within the Order limits which is added to the definitive map and statement (within the meaning of the Wildlife and Countryside Act 1981) on or after 6 January 2026.

(8)

If a street authority which receives a valid application for consent under paragraph (5)(b) 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.

(9)

For deemed consent under paragraph (8) to apply to any application for consent under paragraph (5)(b) the application must include a statement that the provisions of paragraph (8) apply to that application.

(10)

If an application for consent under paragraph (5)(b) does not include the statement required under paragraph (9), then the provisions of paragraph (8) will not apply to that application.