The Byers Gill Solar Order 2025
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Change 1
13 Temporary closure of public rights of way
(1) The undertaker, during and for the purposes of constructing or maintaining the authorised development, may temporarily close, alter or divert any public rights of way and may for any reasonable time, subject to paragraph (3), prevent all persons from passing along the public rights of way. (2) 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. (3) Without limiting paragraph (1), the undertaker may use any public rights of way temporarily closed under the powers conferred by this article within the Order limits as a temporary working site subject to the undertaker returning the public right of way to its previous condition after such use ends. (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 closed) to the extent specified, by reference to the letters and numbers shown on the street works, public rights of way and access plan, in column (3) of those Schedules. (5) The undertaker must not temporarily close, 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. (6) Any person who suffers loss by the temporary closure, alteration or diversion 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. (8) Any application for consent under sub-paragraph (3) or (5)(b) must include a statement that the provisions of paragraph (7) apply to that application. (9) If an application for consent under sub-paragraph (3) or (5)(b) does not include the statement required under paragraph (8), then the provisions of paragraph (7) will not apply to that application.
13 Temporary closure of public rights of way
(1) The undertaker, during and for the purposes of constructing or maintaining the authorised development, may temporarily close, alter or divert any public rights of way and may for any reasonable time, subject to paragraph (3), prevent all persons from passing along the public rights of way. (2) 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. (3) Without limiting paragraph (1), the undertaker may use any public rights of way temporarily closed under the powers conferred by this article within the Order limits as a temporary working site subject to the undertaker returning the public right of way to its previous condition after such use ends. (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 closed) to the extent specified, by reference to the letters and numbers shown on the street works, public rights of way and access plan, in column (3) of those Schedules. (5) The undertaker must not temporarily close, 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. (6) Any person who suffers loss by the temporary closure, alteration or diversion 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. (8) Any application for consent under sub-paragraph (3) or (5)(b) must include a statement that the provisions of paragraph (7) apply to that application. (9) If an application for consent under sub-paragraph (3) or (5)(b) does not include the statement required under paragraph (8), then the provisions of paragraph (7) will not apply to that application.
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