Legislation – The Five Estuaries Offshore Wind Farm Order 2025
PART 3Streets
Traffic regulation16.
(1)
Subject to the provisions of this article, the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with, or in consequence of, the construction of the authorised development temporarily—
(a)
permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road;
(b)
make provision as to the direction or priority of vehicular traffic on any road;
(c)
(2)
The undertaker must notify the chief officer of police and the traffic authority in whose area the road is situated of the intended date of commencement of development under this Order and the intended date of commencement of any works where the provision set out in paragraph (1) will apply not less than 14 days before such work are commenced.
(3)
On and after the date notified by the undertaker in accordance with paragraph (4) no person is to drive any motor vehicle at a speed exceeding the limit specified in column (3) of Part 4 (speed limits) of Schedule 4 (traffic regulation) along the lengths of road identified in the corresponding row of column (2) of that Part for the period stated in the notice, which period may not exceed 18 months from the date notified.
(4)
The undertaker must notify the chief officer of police and the traffic authority in whose area the road is situated of the date upon which paragraph (3) takes effect not less than 14 days before that date.
(5)
The undertaker may issue more than one notice under paragraph (4). Where more than one notice is issued, the provision of section 88(1) (temporary speed limits) of the 1984 Act limiting the period of a temporary speed limit order to a period not exceeding 18 months applies to each notice individually, and notices may run consecutively.
(6)
Without limitation on the scope of paragraph (1), and subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development revoke, amend or suspend in whole or in part any order not listed in Schedule 4 made, or having effect as if made, under the 1984 Act, either at all times or at times, on days or during such periods as may be specified by the undertaker.
(7)
The power conferred by paragraph (6) may be exercised at any time prior to the expiry of 12 months from the commencement of operation of the authorised development but subject to paragraph (9) any prohibition, restriction or other provision made under this article may have effect both before and after the expiry of that period.
(8)
The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (9).
(9)
The undertaker must not exercise the powers conferred by this article unless it has—
(a)
given not less than—
(i)
12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or
(ii)
4 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,
to the chief officer of police and to the traffic authority in whose area the road is situated; and
(b)
advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).
(10)
Any prohibition, restriction or other provision made by the undertaker under this article—
(a)
has effect as if duly made by, as the case may be—
(i)
the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or
(ii)
the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act,
and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and
(b)
(11)
Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by this article within a period of 24 months from the commencement of operation of the authorised development.
(12)
Before exercising the powers conferred by this article the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person.
(13)
Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.
(14)
The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.
(15)
(16)
Save for any application made to National Highways, if the traffic authority fails to notify the undertaker of its decision within 56 days of receiving an application for consent under this article, the traffic authority is deemed to have granted consent.