Article 11 Power to alter layout, etc., of streetsI1

England and Wales

(1)

The undertaker may for the purposes of constructing the authorised project, F1... alter the layout of each of the streets specified in column (2) of Schedule 5 (streets subject to alteration of layout) (and carry out works ancillary to such alteration) in the manner specified in relation to that street in column (3).

(2)

Without prejudice to the specific powers conferred by article 3 or paragraph (1) but subject to paragraph (3), the undertaker may, for the purposes of either constructing the authorised project or for works before completion of construction, ... alter the layout of any other street (and carry out works ancillary to such alteration) whether or not within the Order limits 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)

execute any works to widen or alter the alignment of pavements;

(e)

execute any works of surfacing or re-surfacing of the highway; and

(f)

execute any works necessary to alter existing facilities for the management and protection of pedestrians.

(3)

The powers conferred by paragraph (2)—

(a)

shall be exercisable on the giving of not less than 42 days’ notice to the street authority; and

(b)

shall not be exercised without the consent (such consent not to be unreasonably withheld) of the street authority but such consent may be granted subject to reasonable conditions relating to highway matters.

(4)

In Part 3 of the 1991 Act, provisions relating to major highway works which refer to the highway authority concerned shall, in relation to works which are major highway works, be construed as references to the undertaker.

(5)

The provisions of sections 54 to 106 (save insofar as disapplied through the operation of article 55 (application, disapplication and modification of legislative provisions) and Schedule 19 (miscellaneous controls) part 1 to this Order) of the 1991 Act apply to works carried out under paragraph (1) or (2) to the extent that those works involve the breaking up or opening of a street, or any sewer, drain, or tunnel under it, or tunnelling or boring under a street

F2(5A)

The provisions of sections 32 to 39 of the Traffic Management Act 2004 apply to any street works carried out under paragraph (1) or (2) to the extent that those works constitute "specified works" as defined in section 32(3) of that Act and which would, notwithstanding the provisions of this article, be subject to LoPS as applied by the highway authority in whose area the undertaker seeks to carry out such works.

(6)

The undertaker may not exercise the powers under this article after completion of construction.

Annotations

Textual amendments

F1: Words in art. 11(1)(2) omitted (17.3.2015) by virtue of The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2
F2: Art. 11(5A) inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2

Commencement

I1: Art. 11 in force at 24.9.2014, see art. 1