The Leeds Supertram (Extension) Order 2001

Stopping up of streets and extinguishment of rights

11.—(1) Subject to the provisions of this article, the Executive may, in connection with the construction of the authorised works, stop up each of the streets in the City mentioned in column (1) of Parts I and II of Schedule 4 to this Order and extinguish any right which persons may have to use vehicles in each of the streets mentioned in column (1) of Part III of that Schedule to the extent specified, by reference to the letters and numbers shown on the relevant plans, in column (2) of Parts I to III of that Schedule.

(2) Notwithstanding the provisions of paragraph (1) above, the Executive shall not extinguish rights of way on cycle in the following streets—

• Wood Lane

• Raglan Road

• Shakespeare Street.

(3) No street specified in columns (1) and (2) of Part I bSchedule 4 (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 deposited plans or by reference to one of the scheduled works, in either case in column (3) of that Part of that Schedule, has been practically completed to the reasonable satisfaction of the street authority and is open for use, and the street authority has so certified in writing or (in the event of dispute with the street authority) an arbitrator has so determined upon reference of the dispute to arbitration.

(4) No part of a street specified in column (1) of Part II of Schedule 4 to this Order (being a street to he stopped up for which no substitute is to be provided) shall be stopped up under this article unless all the land which abuts it falls within one or more of the following categories, namely—

(a) land to which there is no right of access directly from the street or part to be stopped up;

(b) land to which there is reasonably convenient access otherwise than directly from the street or part to be stopped up;

(c) land the owners and occupiers of which have agreed to the stopping up of the street or part; and

(d) land which is in the possession of the Executive.

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

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

(b) the Executive may, without making any payment appropriate and use for the purposes of its tramway undertaking so much of the site of the street as is bounded on both sides by land owned by the Executive.

(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 I of the Land Compensation Act 1961(1).

(7) This article is subject to paragraph 2 of Schedule 9 to this Order.

(8) In this article “cycle” has the same meaning as in the Road Traffic Act 1988(2).

(1)

1961 c. 33.

(2)

1988 c. 52.