9.—(1) 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) and may—
(a)break up or open the street, or any sewer, drain or tunnel under it;
(b)drill, tunnel or bore under the street;
(c)place and keep apparatus in the street;
(d)maintain apparatus in the street, change its position or remove it;
(e)construct a bridge over the street; and
(f)execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c), (d) and (e).
(2) The authority given by paragraph (1) is a statutory right or licence for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act and section 176 (restrictions on construction of bridges over highways) of the 1980 Act.
(3) Where the undertaker is not the street authority, sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).
(4) In this article, “bridge” has the same meaning as in section 176(8) of the 1980 Act.
Commencement Information
I1Art. 9 in force at 25.10.2019, see art. 1
10.—(1) The undertaker may for the purposes of the authorised development alter the layout of or carry out any works in the street—
(a)in the case of permanent works as specified in column (2) of Part 1 of Schedule 4 (F1... permanent alteration of layout) in the manner specified in relation to that street in column (3); and
(b)in the case of temporary works as specified in column (2) of Part 2 of Schedule 4 (F2... temporary alteration of layout) in the manner specified in relation to that street in column (3).
(2) Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraphs (3) and (4), the undertaker may, for the purposes of 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 any kerb, footway, cycle track or verge; and
(b)make and maintain passing places.
(3) The undertaker must restore any street that has been temporarily altered under this Order to the reasonable satisfaction of the street authority.
(4) The powers conferred by paragraph (2) may not be exercised without the consent of the street authority.
(5) Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.
Textual Amendments
F1Words in art. 10(1)(a) omitted (19.8.2020) by virtue of The Drax Power (Generating Stations) (Correction) Order 2020 (S.I. 2020/879), art. 1(2), Sch.
F2Words in art. 10(1)(b) omitted (19.8.2020) by virtue of The Drax Power (Generating Stations) (Correction) Order 2020 (S.I. 2020/879), art. 1(2), Sch.
Commencement Information
I2Art. 10 in force at 25.10.2019, see art. 1
11.—(1) Those parts of each means of access specified in Part 1 of Schedule 5 (those parts of the access to be maintained at the public expense) to be constructed under this Order must be completed to the reasonable satisfaction of the highway authority and, unless otherwise agreed by the highway authority, must be maintained by and at the expense of the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the highway authority.
(2) Those parts of each means of access specified in Part 2 of Schedule 5 (those parts of the access to be maintained by the street authority) to be constructed under this Order and which are not intended to be a public highway must be completed to the reasonable satisfaction of the street authority and must be maintained by and at the expense of the undertaker for a period of 12 months from their completion and from the expiry of that period by and at the expense of the street authority.
(3) Those restoration works carried out pursuant to article 10(3) (power to alter layout, etc., of streets) identified in Part 3 of Schedule 5 (those works to restore the temporary accesses which will be maintained by the street authority) which are not intended to be a public highway must be completed to the reasonable satisfaction of the street authority and must be maintained by and at the expense of the street authority.
(4) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.
(5) For the purposes of a defence under paragraph (4), a court must in particular have regard to the following matters—
(a)the character of the street including the traffic which was reasonably to be expected to use it;
(b)the standard of maintenance appropriate for a street of that character and used by such traffic;
(c)the state of repair in which a reasonable person would have expected to find the street;
(d)whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and
(e)where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,
but for the purposes of such a defence it is not relevant that the undertaker had arranged for a competent person to carry out or supervise the maintenance of that part of the street to which the action relates unless it is also proved that the undertaker had given that person proper instructions with regard to the maintenance of the street and that those instructions had been carried out.
(6) Nothing in this article—
(a)prejudices the operation of section 87 of the 1991 Act (prospectively maintainable highways) and the undertaker is not by reason of any duty under that section to maintain a street to be taken to be a street authority in relation to that street for the purposes of Part 3 of that Act; or
(b)has effect in relation to street works with regard to which Part 3 of the 1991 Act [F3applies].
Textual Amendments
F3Word in art. 11(6)(b) substituted (19.8.2020) by The Drax Power (Generating Stations) (Correction) Order 2020 (S.I. 2020/879), art. 1(2), Sch.
Commencement Information
I3Art. 11 in force at 25.10.2019, see art. 1
12.—(1) The undertaker, during and for the purposes of carrying out and maintaining the authorised development, may temporarily stop up, prohibit the use of, restrict the use of, alter or divert any street or public right of way and may for any reasonable time—
(a)divert the traffic or a class of traffic from the street or public right of way; and
(b)subject to paragraph (2), prevent all persons from passing along the street or public right of way.
(2) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or public right of way affected by the temporary stopping up, prohibition, restriction, alteration or diversion of a street or public right of way under this article if there would otherwise be no such access.
(3) Without prejudice to the generality of paragraph (1), the undertaker may temporarily stop up, prohibit the use of, restrict the use of, alter or divert—
(a)the streets specified in column (2) of the table in Part 1 of Schedule 6 (streets to be temporarily stopped up) to the extent specified in column (3) of that table; and
(b)the public rights of way specified in column (2) of the table in Part 2 of Schedule 6 (public rights of way to be temporarily stopped up) to the extent specified in column (3) of that table.
(4) The undertaker must not temporarily stop up, prohibit the use of, restrict the use of, alter or divert—
(a)any street or public right of way specified in paragraph (3) without first consulting the street authority; and
(b)any other street or public right of way without the consent of the street authority, and the street authority may attach reasonable conditions to any such consent.
(5) 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.
(6) Without prejudice to the scope of paragraph (1), the undertaker may use any street or public right of way which has been temporarily stopped up under the powers conferred by this article and within the Order limits as a temporary working site.
(7) Without prejudice to the requirements of paragraph (4), the undertaker must not exercise the powers in paragraphs (1) and (3) in relation to a road unless it has—
(a)given not less than 4 weeks' notice in writing of its intention to do so 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 7 days of its receipt of notice of the undertaker's intention under sub-paragraph (a).
(8) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (3) of this article in relation to a road has effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act, and the instrument by which it is effected is deemed to be a traffic order for the purposes of Schedule 7 to the Traffic Management Act 2004 M1 (road traffic contraventions subject to civil enforcement).
(9) In this article—
(a)subject to sub-paragraph (b) expressions used in this article and in the 1984 Act have the same meaning; and
(b)a “road” means a road that is a public highway maintained by and at the expense of the traffic authority.
13.—(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the public rights of way specified in column (2) of Schedule 7 (public rights of way to be permanently stopped up) to the extent specified, by reference to the letters and numbers shown on the access and rights of way plans, in column (3) of that Schedule.
(2) No public right of way specified in columns (2) and (3) of the table in Schedule 7 is to be wholly or partly stopped up under this article unless—
(a)it is necessary for the undertaker to take such action in order to prepare the carbon capture readiness reserve space for the installation and operation of carbon capture equipment; and
(b)either—
(i)the new public right of way to be substituted for it, which is specified in column (4) of that table in Schedule 7, has been completed in accordance with the details approved under Requirement 9 and is open for use; or
(ii)a temporary alternative route for the public who could have used the public right of way to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the public right of way, until the completion and opening of the new public right of way in accordance with sub-paragraph (b)[F4(i)].
(3) Where a public right of way has been stopped up under this article—
(a)all rights of way over or along the public right of way so stopped up are extinguished; and
(b)the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the public right of way as is bounded on both sides by land owned by the undertaker.
(4) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
Textual Amendments
F4Word in art. 13(2)(b)(ii) inserted (19.8.2020) by The Drax Power (Generating Stations) (Correction) Order 2020 (S.I. 2020/879), art. 1(2), Sch.
Commencement Information
I5Art. 13 in force at 25.10.2019, see art. 1
14. The undertaker may, for the purposes of the authorised development—
(a)form and lay out the permanent means of access, or improve existing means of access, in the locations specified in Part 1 of Schedule 4 (F5... permanent alteration of layout);
(b)form and lay out the temporary means of access in the location specified in Part 2 of Schedule 4 (F6... temporary alteration of layout); and
(c)with the approval of the relevant planning authority after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.
Textual Amendments
F5Words in art. 14(a) omitted (19.8.2020) by virtue of The Drax Power (Generating Stations) (Correction) Order 2020 (S.I. 2020/879), art. 1(2), Sch.
F6Words in art. 14(b) omitted (19.8.2020) by virtue of The Drax Power (Generating Stations) (Correction) Order 2020 (S.I. 2020/879), art. 1(2), Sch.
Commencement Information
I6Art. 14 in force at 25.10.2019, see art. 1
15.—(1) A street authority and the undertaker may enter into agreements with respect to—
(a)the construction of any new street including any structure carrying the street over or under any part of the authorised development;
(b)the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;
(c)the construction and maintenance of the structure of any bridge or tunnel carrying a street (including any footbridge over a street);
(d)any stopping up, prohibition, restriction, alteration or diversion of a street authorised by this Order;
(e)the undertaking in the street of any of the works referred to in article 11(1) (construction and maintenance of new or altered means of access); or
(f)the adoption by a street authority which is the highway authority of works—
(i)undertaken on a street which is existing publicly maintainable highway; or
(ii)which the undertaker and highway authority agree are to be adopted as publicly maintainable highway.
(2) If such an agreement provides that the street authority must undertake works on behalf of the undertaker the 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;
(b)specify a reasonable time for the completion of the works; and
(c)contain such terms as to payment and otherwise as the parties consider appropriate.
Commencement Information
I7Art. 15 in force at 25.10.2019, see art. 1