The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as is within the Order limits and may—

(a)

break up or open the street, or any sewer, drain or tunnel under it;

(b)

tunnel or bore under the street;

(c)

remove or use all earth and materials in or under the street;

(d)

place apparatus under the street;

(e)

maintain apparatus under the street or change its position; and

(f)

execute any works required for or incidental to any works referred to in sub-paragraphs (a) to (e).

(2)

The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act36.

Application of the 1991 Act11.

(1)

The provisions of the 1991 Act mentioned in paragraph (2) that apply in relation to the carrying out of street works under that Act and any regulations made or code of practice issued or approved under those provisions apply (with all necessary modifications) in relation to—

(a)

the carrying out of works under article 10 (street works); and

(b)

the temporary closure, temporary alteration or temporary diversion of a street by the undertaker under article 14 (temporary restriction of use of streets);

whether or not the carrying out of the works or the closure, alteration or diversion constitutes street works within the meaning of that Act.

(2)

The provisions of the 1991 Act37 are—

(a)

subject to paragraph (3), section 55 (notice of starting date of works);

(b)

section 57 (notice of emergency works);

(c)

section 60 (general duty of undertakers to co-operate);

(d)

section 68 (facilities to be afforded to street authority);

(e)

section 69 (works likely to affect other apparatus in the street);

(f)

section 76 (liability for cost of temporary traffic regulation);

(g)

section 77 (liability for cost of use of alternative route); and

(h)

all provisions of that Act that apply for the purposes of the provisions referred to in sub-paragraphs (a) to (g).

(3)

Section 55 of the 1991 Act as applied by paragraph (2) has effect as if references in section 57 of that Act to emergency works included a reference to a closure, stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(4)

The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

(a)

section 56(d) (power to give directions as to timing of street works);

(b)

section 56A(e) (power to give directions as to placing of apparatus);

(c)

section 58(f) (restriction on works following substantial road works);

(d)

section 58A(g) (restriction on works following substantial street works);

(e)

section 61 (protected streets); and

(f)

schedule 3A(h) (restriction on works following substantial street works).

Construction and maintenance of new or altered highway12.

(1)

Any highway to be constructed under this Order must be completed to the reasonable satisfaction of the relevant highway authority and, unless otherwise agreed in writing with the highway authority, the highway including any culverts or other structures laid under it must be maintained by and at the expense of the relevant highway authority from its completion.

(2)

Where a highway is altered or diverted under this Order, the altered or diverted part of the highway must be completed to the reasonable satisfaction of the relevant highway authority and, unless otherwise agreed in writing with the relevant highway authority, that part of the highway including any culverts or other structures laid under it must be maintained by and at the expense of the relevant highway authority from its completion.

(3)

In this article “relevant highway authority” means the highway authority in which the highway that is constructed, altered or diverted is situated.

Temporary closure of public rights of way13.

(1)

The undertaker may, in connection with the carrying out of the authorised development, temporarily close each of the public rights of way specified in column (1) of Part 2 (rights of way to be temporarily closed or restricted) of Schedule 4 (traffic regulation) to the extent specified in column (2), by reference to the letters shown on the temporary closure of public rights of way plan.

(2)

The rights of way specified in Part 2 (rights of way to be temporarily closed or restricted) of Schedule 4 (traffic regulation) may not be temporarily closed under this article unless a diversion for the closed section of that right of way, is first provided by the undertaker to the standard defined in the public access management plan to be approved in accordance with the requirements, to the reasonable satisfaction of the highway authority.

(3)

The relevant diversion route provided under paragraph (2) will be subsequently maintained by the undertaker until the re-opening of the relevant right of way specified in paragraph (1).

(4)

Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Temporary restriction of use of streets14.

(1)

The undertaker, during and for the purposes of carrying out the authorised development, may temporarily close, restrict, alter or divert any street and may for any reasonable time—

(a)

divert the traffic or a class of traffic from the street; and

(b)

subject to paragraph (3), prevent all persons from passing along the street.

(2)

Without limiting paragraph (1), the undertaker may use any street temporarily closed under the powers conferred by this article within the Order limits as a temporary working site.

(3)

The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary closure, alteration or diversion of a street under this article if there would otherwise be no such access.

(4)

Without limiting paragraph (1), the undertaker may temporarily close, restrict, alter or divert the streets specified in Part 1 of Schedule 4 (streets to be temporarily restricted) to the extent specified by reference to the letters and numbers shown on the street works and access plan.

(5)

The undertaker must not temporarily close, restrict, alter, divert or use as a temporary working site—

(a)

any street referred to in paragraph (4) without first consulting the street authority; and

(b)

any other street without the consent of the street authority, which may attach reasonable conditions to the consent.

(6)

(7)

If a street authority fails to notify the undertaker of its decision within 56 days of receiving an application for consent under paragraph (4), that street authority is deemed to have granted consent.

Access to works15.

The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve an existing means of access for the purposes of the authorised development within the Order limits from the streets listed in Schedule 5 (access to works) and shown on the street works and access plan.

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)

place traffic signs and signals in the extents of the road specified in column (2) of Part 1 (streets to be temporarily closed or restricted), column (2) of Part 2 (public rights of way to be temporarily close or restricted) and column (3) of Part 3 (speed limits) of Schedule 4 (traffic regulation), and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 201638.

(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)

is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 200439.

(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)

No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 201140 when in accordance with regulation 3(5) of those regulations.

(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.

Power to alter layout etc. of streets17.

(1)

Subject to paragraphs (2) and (3), the undertaker may, in so far as may be expedient or necessary for the purposes of or in connection with constructing, operating or maintaining the authorised development, alter the layout of any street and, without limitation on the scope of this paragraph, the undertaker may—

(a)

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

(b)

make and maintain passing place(s).

(2)

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

(3)

The powers conferred by paragraph (1) must not be exercised without the consent of the street authority.

(4)

If a street authority fails to notify the undertaker of its decision within 56 days of receiving an application for consent under paragraph (5), that street authority is deemed to have granted consent.