Article 10 Power to alter layout, etc., of streets

(1)

The undertaker may for the purposes of the authorised development alter the layout of or carry out any works in the street—

(a)

in the case of the streets specified in column (2) of the table in Part 1 (permanent alteration to layout) of Schedule 4 (alteration to streets) permanently in the manner specified in relation to that street in column (3); and

(b)

in the case of the streets as specified in column (2) of the table in Part 2 (temporary alteration to layout) of Schedule 4 (alteration to streets) temporarily in the manner specified in relation to that street in column (3).

(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 or maintaining the authorised development, alter 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 any kerb, footway, cycle track, verge or street;

(b)

make and maintain passing places; and

(c)

alter, remove, replace 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 Order to the reasonable satisfaction of the street authority.

(4)

The powers conferred by paragraph (2)—

(a)

are exercisable on the giving of not less than six weeks’ notice to the street authority; and

(b)

are not to be exercised without the consent of the street authority.

(5)

If a street authority which received an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of six weeks beginning with the date on which the application was made, it is deemed to have granted consent.

(6)

Any application to which this article applies must include a statement that the provisions of paragraph (5) apply.

(7)

Paragraphs (4), (5) and (6) do not apply where the undertaker is the street authority for a street in which the works are being carried out.