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The Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997

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Permanent stoppping up of streets

11.  (1)  Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised works, permanently stop up each of the streets specified in columns (1) and (2) of Part I of Schedule 5 to this Order and permanently stop up vehicular rights of access and egress in each of the streets mentioned in columns (1) and (2) of Part II of that Schedule to the extent specified, by reference to the letters and numbers shown on the Order plans, in column (3) of Parts I and II of that Schedule.

(2) No street specified in columns (1) and (2) of Part I of Schedule 5 (being a street to be stopped up for which a substitute is to be provided) shall be wholly or partly stopped up under this article until the new street to be substituted for it, and which is specified in relation to it either by reference to the letters and numbers shown on the Order plans or by reference to one of the scheduled works, in either case in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use.

(3) Except so far as may otherwise be agreed with the highway authority concerned, a new street (not being one of the scheduled works) shall be constructed in the lines or situations shown on the Order plans.

(4) Where a street has been the subject of a permanent stopping up under this article—

(a)all rights of way (or, in the case of a street specified in Part II of Schedule 5 to this Order, all vehicular rights of way) over or along the street so stopped up shall be extinguished, and

(b)the undertaker may, without making any payment but subject to the provisions of sections 77 to 85E of, and Schedules 1 to 3 to, the Railways Clauses Consolidation Act 1845 (which, as incorporated by this Order, relate to minerals under the authorised tramroads), appropriate and use for the purposes of its transit system undertaking so much of the site of the street as is bounded on both sides by land owned by the undertaker.

(5) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961(1).

(6) This article is subject to paragraph 2 of Schedule 10 to this Order.

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