OpenLegislation

Paragraph 71 Public access

Original text. Later amendments are not shown.

(1)

Grand Opening must not take place unless the criterion specified in sub-paragraph (2) or the criteria specified in sub-paragraph (3) are satisfied.

(2)

The criterion is that the public roads that are—

(a)

within paragraph (b) of the definition of “public road”, and

(b)

located within the Core Zone, East Gateway Zone or West Gateway Zone,

have been completed and are operating in accordance with a detailed design endorsed by the Secretary of State under condition 28 (detailed designs: class 3 and class 6 authorised works).

(3)

The criteria are that—

(a)

the site controller has submitted details of an alternative temporary access arrangement to the Secretary of State for approval;

(b)

the Secretary of State, having regard to the progress made towards satisfying the criterion specified in sub-paragraph (2), considers that the proposed arrangement is capable of providing, on a temporary basis, an appropriate substitute for the public roads referred to in sub-paragraph (2);

(c)

the Secretary of State has endorsed the details subject to an endorsement condition specifying the stage of development or date by which the construction or operation of authorised works in class 1 and class 2 must cease if the criterion specified in sub-paragraph (2) has not been satisfied when that stage of development or date has been reached;

(d)

the temporary access arrangement has been implemented and is operating in accordance with the endorsed details.

(4)

The Secretary of State must not decide to endorse details submitted under sub-paragraph (3)(a), or a modification of such details, unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(5)

Any alternative arrangement implemented under sub-paragraph (3) must be retained in operation until the criterion specified in sub-paragraph (2) is satisfied.