Article 12 Power to alter layout, etc. of streetsI1

England, Wales and Scotland

(1)

The undertaker may alter the layout of a street specified in column (2) of Schedule 5 (streets subject to alteration of layout) in the manner specified in relation to that street in column (3).

(2)

Without prejudice to the specific powers conferred by article 4 (development consent etc. granted by the Order) or paragraph (4) but subject to paragraph (3), the undertaker may, for the purposes of constructing and maintaining the authorised project, alter the layout of any street within the Order limits and the layout of any street having a junction with such a street; and, without limiting the scope of this paragraph, the undertaker may—

(a)

increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track, verge or central reservation within the street;

(b)

alter the level or increase the width of any such kerb, footpath, footway, cycle track, verge or central reservation;

(c)

reduce the width of the carriageway of the street;

(d)

make crossovers and passing places;

(e)

carry out works for the provision or alteration of parking places, loading bays and cycle tracks; and

(f)

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

(3)

The powers conferred by paragraph (2) must not be exercised without the consent of the street authority but such consent must not be unreasonably withheld or delayed.

(4)

The undertaker may, for the purposes of the authorised project, enter on so much of any of the streets specified in Schedule 4 (streets subject to street works) and Schedule 5 (streets subject to alteration of layout) as is within the Order limits and may—

(a)

execute any works to provide or improve sight lines required by the highway authority;

(b)

remove and replace kerbs and flume ditches for the purposes of creating permanent and temporary accesses;

(c)

execute and maintain any works to provide hard and soft landscaping;

(d)

carry out re-lining and placement of new temporary markings; and

(e)

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

Annotations

Commencement

I1: Art. 12 in force at 15.9.2016, see art. 1