The Luton Dunstable Translink Order 2006

Streets

Power to alter layout of streets

6.—(1) The Council may alter the layout of any street specified in columns (1) and (2) of Schedule 3 (streets subject to alteration of layout) to this Order in the manner specified in relation to that street in column (3) of that Schedule.

(2) Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraph (3), the Council may for the purpose of constructing, maintaining or using the authorised busway alter the layout of any street within the Order limits; and, without prejudice to the generality of the foregoing, the Council may—

(a) increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;

(b) alter the level or increase the width of any kerb, footpath, footway, cycle track or verge;

(c) reduce the width of the carriageway of the street by forming a reserved area in the street as a stopping place for buses or by carrying out other works for that purpose;

(d) carry out works to the carriageway of the street for the purpose of deterring or preventing vehicles other than guided buses from passing along the authorised busway; and

(e) make and maintain crossovers, sidings or passing places.

(3) The powers in paragraph (2) shall not be exercised without the consent of the street authority, but such consent shall not be unreasonably withheld.

Power to keep apparatus in streets

7.—(1) The Council may, for the purposes of or in connection with the construction, maintenance and use of any authorised works, place and maintain in any street having a junction with or being in the vicinity of the authorised busway any work, equipment or apparatus.

(2) In this article—

(a) “apparatus” has the same meaning as in Part 3 of the 1991 Act; and

(b) the reference to any work, equipment or apparatus in a street includes a reference to any work, equipment or apparatus under, over, along or upon the street.

Power to execute street works

8.—(1) The Council may, for the purpose of exercising the powers conferred by article 7 (power to keep apparatus in streets) and the other provisions of this Order, enter upon any street within the Order limits and may execute any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street.

(2) This article is subject to paragraph 3 of Schedule 10 (provisions relating to statutory undertakers etc.) to this Order.

Stopping up of streets

9.—(1) Subject to the provisions of this article, the Council may, in connection with the construction of the authorised works, stop up each of the streets specified in columns (1) and (2) of Parts 1 and 2 of Schedule 4 (streets to be stopped up) to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of Parts 1 and 2 of that Schedule.

(2) No street specified in columns (1) and (2) of Part 1 of Schedule 4 (streets to be stopped up) to this Order (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 unless—

(a) the new street to be substituted for it, and which is specified in relation to it by reference to the letters and numbers shown on the deposited plans 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; or

(b) a temporary alternative route is available between the commencement and termination points of the street to be stopped up pending completion of the new street in accordance with sub-paragraph (a).

(3) No street specified in columns (1) and (2) of Part 2 of Schedule 4 (streets to be stopped up) to this Order (being a street to be stopped up for which no substitute is to be provided) shall be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the relevant land; and for this purpose “relevant land” means any land which abuts on either side of the street to be stopped up.

(4) The condition referred to in paragraph (3) is that—

(a) the Council is in possession of the land, or

(b) there is no right of access to the land from the street concerned, or

(c) there is reasonably convenient access to the land otherwise than from the street concerned, or

(d) the owners and occupiers of the land have agreed to the stopping up.

(5) Where a street has been permanently stopped up under this article—

(a) all rights of way over or along the street so stopped up shall be extinguished, and

(b) the Council may appropriate and use for the purposes of the authorised busway so much of the site of the street as is bounded on both sides by land owned by the Council.

(6) 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 1 of the 1961 Act.

(7) This article is subject to paragraph 2 of Schedule 10 (provisions relating to statutory undertakers etc.) to this Order.

Temporary stopping up of streets

10.—(1) The Council, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time—

(a) divert the traffic from the street; and

(b) subject to paragraph (2), prevent all persons from passing along the street.

(2) The Council shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.

(3) Without prejudice to the generality of paragraph (1), the Council may exercise the powers of this article in relation to the streets specified in columns (1) and (2) of Schedule 5 (streets to be temporarily stopped up) to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans in column (3) of that Schedule.

(4) The Council shall not exercise the powers of this article—

(a) in relation to any street specified as mentioned in paragraph (3) without first consulting the street authority, and

(b) in relation to any other street without the consent of the street authority, but such consent shall not be unreasonably withheld.

(5) The provisions of the 1991 Act mentioned in paragraph (6) and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the Council under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by the Council.

(6) The provisions of the 1991 Act referred to in paragraph (5) are—

• section 54 (advance notice of certain works);

• section 55 (notice of starting date of works);

• section 59 (general duty of street authority to co-ordinate works);

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

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

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

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

• all such other provisions as apply for the purposes of the provisions mentioned above.

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

Access to works

11.  The Council may, for the purposes of the authorised works—

(a) form and lay out means of access, or improve existing means of access, to the streets specified in columns (1) and (2) of Schedule 6 (access to works) to this Order at or about the points marked “A”; and

(b) with the approval of the highway authority (such approval not to be unreasonably withheld) form and lay out means of access or improve existing means of access at such other locations within the Order limits as the Council reasonably require for the purposes of the authorised works.

Construction and maintenance of new or altered streets

12.—(1) Any street to be constructed under this Order shall be completed to the reasonable satisfaction of the highway authority and shall, unless otherwise agreed, be maintained by and at the expense of the Council for a period of 24 months from its completion and at the expiry of that period by and at the expense of the highway authority.

(2) Where a street is altered or diverted under this Order, the altered or diverted part of the street shall when completed to the reasonable satisfaction of the street authority, unless otherwise agreed, be maintained by and at the expense of the Council for a period of 24 months from its completion and at the expiry of that period by and at the expense of the street authority.

(3) Paragraphs (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a street over or under an authorised busway.

(4) Any footpath to be provided under this Order shall be provided in accordance with the reasonable requirements of the highway authority and once open for use shall be maintained by and at the expense of the highway authority.

(5) Nothing in this article shall prejudice the operation of section 87 of the 1991 Act (prospectively maintainable highways); and the Council shall not by reason of any duty under this article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act.

(6) Nothing in this article shall have effect in relation to street works as respects which the provisions of Part 3 of the 1991 Act apply.

(7) Paragraphs (1), (2) and (4) shall not apply in relation to the construction and maintenance of Work Nos. 1A, 1B, 1C, 1E, 1K and 1L.

Construction of bridges and tunnels

13.—(1) Any bridge or tunnel to be constructed under this Order for carrying a highway over or under an authorised busway shall be constructed in accordance with plans and specifications approved by the highway authority, but such approval shall not be unreasonably withheld.

(2) In constructing any new bridges the Council may do either or both of the following—

(a) hold, use and appropriate such parts of the original bridges as they may require for the purposes of the new bridges or for any purposes ancillary to their undertaking;

(b) take down and remove such parts of the original bridges as they do not require for those purposes.

(3) Notwithstanding article 47 (application of existing enactments), all of the powers and obligations that may be conferred or imposed upon the Council by the 1855 Act in relation to the original bridges shall cease to have effect.

(4) In this article—

“1855 Act” has the same meaning as in article 47 (application of existing enactments);

“the new bridges” means the new bridges or tunnels proposed to be constructed under this Order to carry highways over or under an authorised busway; and

“the original bridges” means the bridges or tunnels authorised to be constructed under the 1855 Act.

Agreements with street authorities

14.—(1) A street authority and the Council may enter into agreements with respect to—

(a) the construction of any new street (including any structure carrying the street over or under an authorised busway) under the powers conferred by this Order;

(b) the maintenance of the structure of any bridge or tunnel carrying a street over or under an authorised busway;

(c) any stopping up, alteration or diversion of a street under the powers conferred by this Order, or

(d) the execution in the street of any of the works referred to in article 8(1) (power to execute street works).

(2) Such an agreement may, without prejudice to the generality of paragraph (1)—

(a) make provision for the street authority to carry out any function under this Order which relates to the street in question, and

(b) contain such terms as to payment and otherwise as the parties consider appropriate.