PART 2WORKS PROVISIONS

Supplementary powers

Temporary stopping up, alteration or diversion of roads10

1

During and for the purposes of the execution of the authorised works Network Rail may temporarily stop up, alter or divert any road and may for any reasonable time—

a

divert the traffic from the road; and

b

subject to paragraph (4), prevent all persons from passing along the road.

2

Without prejudice to the generality of paragraph (1), Network Rail may exercise the powers conferred by paragraph (1) in relation to so much of Princes Street and Waverley Bridge as is within an area of temporary stopping up shown on sheet no. 1 of the Order plans.

3

Without prejudice to the generality of paragraph (1), Network Rail may use any road temporarily stopped up under the powers of this article as a temporary work site.

4

Network Rail shall provide reasonable access for pedestrians going to or from premises abutting on a road affected by the exercise of the powers conferred by paragraph (1) if there would otherwise be no such access.

5

Network Rail shall not exercise the powers conferred by paragraph (1) without the consent of the road works authority.

6

Consent under paragraph (5) shall not be unreasonably withheld or delayed but may be given subject to any reasonable conditions which the road works authority may require.

7

Any dispute as to whether—

a

consent under paragraph (5) has been unreasonably withheld or delayed; or

b

a condition imposed under paragraph (6) is unreasonable,

shall, unless the parties otherwise agree, be determined by arbitration.