Article 18 Benefit of permanent private means of access and private rights of way created

Where the undertaker extinguishes a private means of access or private rights of way by virtue of article 16 (permanent stopping up of streets, change of status, and extinguishment of private means of access) or article 33 (private rights of way), or where the undertaker considers it necessary in order to facilitate access to land by land owners who would otherwise be prejudiced by the authorised development, the undertaker may create private means of access or private rights of way over land within the permanent limits without acquiring such land.

Paragraph (1) is without prejudice to the requirement under article 21(1)(b) for the approval of the street authority after consultation with the highway authority under article 21 (access to works) to form and lay out means of access or improve means of access in certain cases.

A new private means of access or private right of way will be created by virtue of this article 28 days after service of notice by the undertaker on all owners and occupiers of the affected land, specifying—

and the undertaker will as soon as possible following the creation of such private means of access or private right of way inform all owners and occupiers of the benefitted land.

Unless otherwise specified by the undertaker in the notice served pursuant to paragraph (3), the new private means of access or private right of way created will include the right to pass and re-pass on foot, with livestock, with vehicles, and with plant and machinery.

Without prejudice to the generality of paragraph (1), the private means of access or private right of way specified in column (3) of Schedule 12 (Benefit of permanent private means of access and private rights of way created) affecting the Land Registry title specified in column (2) of that Schedule may be created for the benefit of the land with the Land Registry title specified in column (1) of Schedule 12 by service of notice under this article on all owners and occupiers of the land with the Land Registry title specified in column (2) of Schedule 12.

Any person who suffers loss by the creation of a permanent private means of access or private right of way under this article will be entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

In this article—