Power to alter layout, etc., of streetsE+W
9.—(1) The undertaker may, for the purposes of the authorised development, alter the layout of or carry out any works in the street in the case of permanent works as specified in column (2) of Part 1 of Schedule 3 (permanent alteration of layout) in the manner specified in relation to that street in column (3) and in the case of temporary works as specified in column (2) of Part 2 of Schedule 3 (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 paragraph (3), the undertaker may, for the purposes of constructing and maintaining the authorised development alter the layout of any street within the Order limits and, without limiting the scope of this paragraph, the undertaker may—
(a)alter the level or increase the width of any kerb, footway, cycle track or verge;
(b)make and maintain passing places.
(3) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.
(4) The powers conferred by paragraph (2) must not be exercised without the consent of the street authority.
(5) If a street authority which receives an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of eight weeks beginning with the date on which the application was made (or such longer period as may be agreed with the undertaker in writing), it is deemed to have granted consent.
(6) Paragraphs (3), (4) and (5) do not apply where the undertaker is the street authority for a street in which the works are being carried out.
Commencement Information
I1Art. 9 in force at 14.8.2015, see art. 1