Regulation 6 Stopping up of walkway by building owner
A walkway may be stopped up by the building owner under the provisions of this Regulation when it is necessary for him to do so in order to enable any of the following operations to be carried out—
any alteration or demolition of a building supporting, or abutting on, the walkway,
any development (as defined in the Town and Country Planning Act 1971) affecting the walkway.
Before a walkway is stopped up under this Regulation, the building owner shall give notice of his intention:—
to the highway authority for the walkway,
to any of the following who have apparatus in, under, over, along or across the walkway, that is to say, statutory undertakers, sewerage authorities and the Post Office, and
to the owners and occupiers of any premises having direct access to the walkway,
and shall display a copy of that notice in a prominent position at the ends of so much of the walkway as is to be stopped up.
The notice given to persons having apparatus in the walkway and to the owners and occupiers of the said premises and displayed on the walkway as aforesaid shall contain a statement that any person desiring to object to the stopping up may within a period stated in the notice (being a period of not less than 21 days from the date of the service and first display of the notice) do so in writing addressed to the highway authority and giving the grounds of the objection.
If the highway authority themselves object to the proposed stopping up, or if they consider that, by reason of the weight of objection received by them within the period specified in paragraph (3) of this Regulation from persons appearing to them to be affected, the proposed stopping up should not take place, then they shall notify the building owner to this effect.
If no notification under paragraph (4) of this Regulation is received by the building owner within 42 days of the completion by him of the procedure specified in paragraph (2) of this Regulation, he may then stop up the walkway as proposed, but in all other cases he shall not proceed with the stopping up until the Secretary of State has consented thereto.
Stopping up of a walkway under this Regulation shall be effected by the erection of barriers or the taking of other measures for preventing public use of the walkway.