Article 13 Claimed public right of wayI1

Subject to the provisions of this article, the undertaker may for the purposes of the authorised development temporarily prohibit the use of, restrict the use of, authorise the use of, alter or divert any claimed public right of way shown using the yellow line on the streets, rights of way and access plans listed in Parts 2, 4 and 5 of Schedule 6 (streets and public rights of way) to an extent that does not exceed the limits of the land shown dashed pink on the streets, rights of way and access plans whether or not that street was in existence or recognised on the definitive map on the date this Order is made.

Where a claimed public right of way is temporarily prohibited for use, restricted for use, authorised for use, altered or diverted under paragraph (1)—

The prohibition or restriction of use of public rights of way referred to in paragraph (1) will come into effect seven working days after the undertaker serves a notice on the surveying authority giving details of the extent of the prohibition or restriction of use and including a plan showing the extent by which the public right of way has been prohibited or restricted for use.

The power conferred by paragraph (1) must not be exercised by the undertaker earlier than the date on which the undertaker acquired an interest in the land comprised in the extent of the public right of way to be prohibited for use, restricted for use, authorised for use, altered or diverted and the provisions of article 24 (private rights) apply to the extinguishment or cessation of any such private rights.

A notice referred to in paragraph (3) is deemed to be a legal event for the purposes of section 53(3)(a)(i)(1) of the Wildlife and Countryside Act 1981.

This article is subject to article 33 (apparatus and rights of statutory undertaker in stopped up streets).

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

In this article—

• “definitive map” has the meaning given to it by section 53(1) of the Wildlife and Countryside Act 1981; and

• “surveying authority” has the same meaning given to it by section 66(1)(2) (interpretation of Part III) of the Wildlife and Countryside Act 1981 and section 159 of the 2008 Act applies to this article.