The Helios Renewable Energy Project Order 2025
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Change 1
13 Temporary closure of and permitting vehicular use on public rights of way
(1) The undertaker, during and for the purposes of constructing or maintaining the authorised development, may temporarily closure, alter or divert any public rights of way within the Order limits and may for any reasonable time— (a) authorise the use of motor vehicles on classes of public rights of way where, notwithstanding the provisions of this article, there is otherwise no public right to use motor vehicles; and (b) subject to paragraph (3), prevent all persons from passing along the public right of way. (2) Without limiting paragraph (1), the undertaker may use any public rights of way temporarily closed under the powers conferred by this article and within the Order limits as a temporary working site. (3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a public right of way affected by the temporary closure, alteration or diversion of a public right of way under this article if there would otherwise be no such access. (4) Without limiting paragraph (1), the undertaker may temporarily close, alter or divert the public rights of way specified in column (2) of Part 1 of Schedule 5 (public rights of way to be temporarily closed) to the extent specified in column (3) of that Schedule. (5) The undertaker must not temporarily close up, alter, divert or use as a temporary working site— (a) any public rights of way referred to in paragraph (4) without first consulting the street authority; and (b) any other public rights of way without the consent of the street authority, which may attach reasonable conditions to the consent, but such consent is not to be unreasonably withheld or delayed. (6) Any person who suffers loss by the suspension of any 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. (7) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (5)(b), that street authority is deemed to have granted consent.
13 Temporary closure of and permitting vehicular use on public rights of way
(1) The undertaker, during and for the purposes of constructing or maintaining the authorised development, may temporarily closure, alter or divert any public rights of way within the Order limits and may for any reasonable time— (a) authorise the use of motor vehicles on classes of public rights of way where, notwithstanding the provisions of this article, there is otherwise no public right to use motor vehicles; and (b) subject to paragraph (3), prevent all persons from passing along the public right of way. (2) Without limiting paragraph (1), the undertaker may use any public rights of way temporarily closed under the powers conferred by this article and within the Order limits as a temporary working site. (3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a public right of way affected by the temporary closure, alteration or diversion of a public right of way under this article if there would otherwise be no such access. (4) Without limiting paragraph (1), the undertaker may temporarily close, alter or divert the public rights of way specified in column (2) of Part 1 of Schedule 5 (public rights of way to be temporarily closed) to the extent specified in column (3) of that Schedule. (5) The undertaker must not temporarily close up, alter, divert or use as a temporary working site— (a) any public rights of way referred to in paragraph (4) without first consulting the street authority; and (b) any other public rights of way without the consent of the street authority, which may attach reasonable conditions to the consent, but such consent is not to be unreasonably withheld or delayed. (6) Any person who suffers loss by the suspension of any 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. (7) If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (5)(b), that street authority is deemed to have granted consent.
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