Article 12 Temporary stopping up of streets and rights of wayI1

England and Wales

(1)

The undertaker, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter or divert any street or any other right of way and may for any reasonable time—

(a)

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

(b)

subject to paragraph (2), prevent all persons from passing along the street or right of way.

(2)

The undertaker shall provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

(3)

Without prejudice to the generality of paragraph (1), the undertaker may temporarily stop up, alter or divert the streets or rights of way specified in columns (1) and (2) of Schedule 4 (streets and rights of way to be temporarily stopped up) to the extent specified, by reference to the letters and numbers shown on the access and temporary stopping up plans, in column (3) of that Schedule.

(4)

The undertaker shall restore to the reasonable satisfaction of the highway authority any street that has been temporarily stopped up, altered or diverted under paragraph (1) or (3).

(5)

The undertaker shall not temporarily stop up, alter or divert—

(a)

any street or right of way specified as mentioned in paragraph (3) without first consulting the highway authority; and

(b)

any other street without the consent of the highway authority which may attach reasonable conditions to any consent.

(6)

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

Annotations

Commencement

I1: Art. 12 in force at 7.8.2015, see art. 1