OpenLegislation

Article 9 Power to alter layout, etc. of streetsI1

England, Wales and Scotland

(1)

The undertaker may for the purposes of the authorised development permanently alter the layout of or carry out any works in the street in the case of permanent works as specified in column (2) of Schedule 4 (streets subject to permanent alteration of layout) in the manner specified in relation to that street in column (3) in the manner specified in relation to that street in column (3).

(2)

Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraphs (3) and (4), the undertaker may, for the purposes of constructing, operating and maintaining the authorised development alter the layout of any street within the Order limits and, without limitation on the scope of this paragraph, the undertaker may—

(a)

alter the level or increase the width of any kerb, footway, cycle track or verge; or

(b)

make and maintain passing place(s).

(3)

The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

(4)

The powers conferred by paragraph (2) must not be exercised without the consent of the street authority.

(5)

If a street authority fails to notify the undertaker of its decision within eight weeks of receiving an application for consent under paragraph (4) (or such longer period as may be agreed with the undertaker in writing), that street authority is deemed to have granted consent.

(6)

Paragraphs (3), (4) and (5) do not apply where the undertaker is the street authority for a street in which the works are being carried out.

Annotations

Commencement

I1

Art. 9 in force at 8.8.2017, see art. 1