Article 12 Temporary closure of streets and public rights of way

(1)

The undertaker, during and for the purposes of constructing or maintaining the authorised development, may temporarily stop up, alter or divert any streets and public rights of way and may for any reasonable time—

(a)

divert the traffic or a class of traffic from the streets and public rights of way; and

(b)

subject to paragraph (3), prevent all persons from passing along the streets and public rights of way.

(2)

Without limiting paragraph (1), the undertaker may use any streets and public rights of way temporarily closed under the powers conferred by this article within the Order limits as a temporary working site.

(3)

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

(4)

Without limiting paragraph (1), the undertaker may temporarily close, alter or divert the streets and public rights of way specified in column (2) of Schedule 6 (streets and public rights of way to be temporarily closed) to the extent specified, by reference to the streets, access and rights of way plan, in column (3) of that Schedule.

(5)

The undertaker must not temporarily stop up, alter, divert or use as a temporary working site—

(a)

any public rights of way referred to in paragraph (4) without first consulting the street authority; and

(b)

any other street or public rights of way without the consent of the street authority, which may attach reasonable conditions to the consent.

(6)

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

(7)

If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (5)(b), or such longer period that is agreed in writing between the undertaker and that street authority, that street authority is deemed to have granted consent.

(8)

An application for consent under paragraph (5)(b) must contain a written statement that the provisions of paragraph (7) apply to that application.

(9)

If an application for consent under paragraph 5(b) does not include the written statement required under paragraph (8), the provisions of paragraph (7) will not apply to that application.

(10)

In this article expressions used in this article and in the 1984 Act have the same meaning.