Article 16 Access to worksI1

England and Wales

(1)

The undertaker may, for the purposes of the construction, use and or maintenance of the authorised project F1...—

(a)

form and lay out means of access, or improve existing means of access, in the location specified in column (2) of Schedule 9 (access to works) for the purposes specified in column (3) of Schedule 9; and

(b)

with the approval of the relevant planning authority after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised project.

(2)

The relevant planning authority may attach any reasonable conditions to any approval given under paragraph (1)(b).

F2(2A)

The provisions of sections 32 to 39 of the Traffic Management Act 2004 apply to any street works carried out under paragraph (1) 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.

(3)

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

Annotations

Textual amendments

F1: Words in art. 16(1) 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. 16(2A) 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. 16 in force at 24.9.2014, see art. 1