The M3 Junction 9 Development Consent Order 2024
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Change 1
12 Power to alter layout etc. of streets
(1) 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 the layout of any street having a junction with such a street; and, without limitation on the scope of this paragraph, the undertaker 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 such kerb, footway, cycle track or verge; (c) reduce the width of the carriageway; and (d) make and maintain passing places. (2) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority. (3) The powers conferred by paragraph (1)— (a) are exercisable on the giving of not less than 42 days’ notice to the street authority; and (b) are not to be exercised without the consent of the street authority where that authority is a public authority. (4) If a street authority which receives an application for consent under paragraph (3) fails to notify the undertaker of its decision before the end of the period of 6 weeks beginning with the date on which the application was made, it is deemed to have granted consent. (5) Any application to which this article applies must include a statement that the provisions of paragraph (4) apply to that application. (6) Paragraphs (2), (3), and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.
12 Power to alter layout etc. of streets
(1) 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 the layout of any street having a junction with such a street; and, without limitation on the scope of this paragraph, the undertaker 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 such kerb, footway, cycle track or verge; (c) reduce the width of the carriageway; and (d) make and maintain passing places. (2) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority. (3) The powers conferred by paragraph (1)— (a) are exercisable on the giving of not less than 42 days’ notice to the street authority; and (b) are not to be exercised without the consent of the street authority where that authority is a public authority. (4) If a street authority which receives an application for consent under paragraph (3) fails to notify the undertaker of its decision before the end of the period of 6 weeks beginning with the date on which the application was made, it is deemed to have granted consent. (5) Any application to which this article applies must include a statement that the provisions of paragraph (4) apply to that application. (6) Paragraphs (2), (3), and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.
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