10.—(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 Schedule 4 (streets subject to permanent 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 (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 powers conferred by paragraph (2) may not be exercised without the consent of the street authority.
(4) Paragraphs (2) and (3) do not apply where the undertaker is the street authority for a street in which the works are being carried out.
(5) If within 28 days of receiving an application for approval under paragraph (3) a highway authority fails to notify the undertaker of its decision or refuses approval without giving any grounds for its refusal that highway authority is deemed to have granted approval.
Commencement Information
I1Art. 10 in force at 29.12.2022, see art. 1