Article 9 Application of the relevant permit schemeI1

England, Wales and Scotland

(1)

The relevant permit scheme applies with the modifications set out in this article to street works carried out under the power conferred by article 8 (street works) of this Order.

(2)

For the purposes of this Order—

(a)

a permit may not be refused or granted subject to conditions which relate to the imposition of a moratoria; and

(b)

a permit may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.

(3)

References to moratoria in sub-paragraph (2) mean restrictions imposed under section 58 (restrictions on works following substantial road works) or section 58A (restrictions on works following substantial street works) of the 1991 Act.

(4)

Without restricting the undertaker’s recourse to any alternative appeal mechanism which may be available under the relevant permit scheme or otherwise, the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions pursuant to the permit scheme in accordance with the mechanism set out in Schedule 16 (procedure for discharge of requirements) of this Order.

Annotations

Commencement

I1: Art. 9 in force at 5.11.2025, see art. 1