The Associated British Ports (Immingham Green Energy Terminal) Order 2025
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Change 1
13 Temporary stopping up and prohibition or restriction of use of streets and public rights of way
(1) The undertaker, during and for the purposes of carrying out the authorised project, may temporarily stop up, alter, divert, or prohibit or restrict the use of any street or public right of way and may for any reasonable time— (a) divert the traffic from the street or public right of way; (b) authorise for the purpose of crossing only 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 (c) subject to paragraph (3), prevent all persons from passing along the street or public right of way. (2) Without limitation on the scope of paragraph (1), the undertaker may use as a temporary working site any street or public right of way which has been temporarily stopped up, altered or diverted or the use of which has been prohibited or restricted under the powers conferred by this article. (3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or public right of way affected by the temporary stopping up, alteration or diversion under this article if there would otherwise be no reasonable access. (4) Without limitation on the scope of paragraph (1) the undertaker may temporarily prohibit the use of, use, restrict the use of, alter or divert— (a) the streets or public rights of way specified in column (2) of the table in Part 1 (temporary prohibition or restriction of the use or diversion of streets or public rights of way) of Schedule 8 (temporary restriction or alteration, etc. of the use of streets or public rights of way) in the manner specified in column (3) of that table; and (b) the public rights of way specified in column (2) of the table in Part 2 (temporary use of motor vehicles on public rights of way) of Schedule 8 in the manner specified in column (3) of that table. (5) The undertaker must not temporarily stop up, prohibit the use of, authorise the use of, restrict the use of, alter or divert— (a) any street or public right of way specified in paragraph (4) without first consulting the street authority during a period of not less than 28 days; or (b) any other street or public right of way without the consent of the street authority (such consent not to be unreasonably withheld or delayed), which may attach reasonable conditions to such consent. (6) If the undertaker temporarily closes under the powers conferred by this article any part of Bridleway Number 36 to which columns (1), (2) and (3) of the table in Part 1 of Schedule 8 refer it must provide the temporary diversion specified in column (3) of that table but the temporary diversion is not required to be of a higher standard than the temporarily closed Bridleway Number 36. (7) The undertaker must make good to the reasonable satisfaction of the highway authority any damage caused to any part of Bridleway Number 36 to which columns (1), (2) and (3) of the table in Part 1 of Schedule 8 refer by the exercise of the undertaker of any powers conferred by this article. (8) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
13 Temporary stopping up and prohibition or restriction of use of streets and public rights of way
(1) The undertaker, during and for the purposes of carrying out the authorised project, may temporarily stop up, alter, divert, or prohibit or restrict the use of any street or public right of way and may for any reasonable time— (a) divert the traffic from the street or public right of way; (b) authorise for the purpose of crossing only 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 (c) subject to paragraph (3), prevent all persons from passing along the street or public right of way. (2) Without limitation on the scope of paragraph (1), the undertaker may use as a temporary working site any street or public right of way which has been temporarily stopped up, altered or diverted or the use of which has been prohibited or restricted under the powers conferred by this article. (3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or public right of way affected by the temporary stopping up, alteration or diversion under this article if there would otherwise be no reasonable access. (4) Without limitation on the scope of paragraph (1) the undertaker may temporarily prohibit the use of, use, restrict the use of, alter or divert— (a) the streets or public rights of way specified in column (2) of the table in Part 1 (temporary prohibition or restriction of the use or diversion of streets or public rights of way) of Schedule 8 (temporary restriction or alteration, etc. of the use of streets or public rights of way) in the manner specified in column (3) of that table; and (b) the public rights of way specified in column (2) of the table in Part 2 (temporary use of motor vehicles on public rights of way) of Schedule 8 in the manner specified in column (3) of that table. (5) The undertaker must not temporarily stop up, prohibit the use of, authorise the use of, restrict the use of, alter or divert— (a) any street or public right of way specified in paragraph (4) without first consulting the street authority during a period of not less than 28 days; or (b) any other street or public right of way without the consent of the street authority (such consent not to be unreasonably withheld or delayed), which may attach reasonable conditions to such consent. (6) If the undertaker temporarily closes under the powers conferred by this article any part of Bridleway Number 36 to which columns (1), (2) and (3) of the table in Part 1 of Schedule 8 refer it must provide the temporary diversion specified in column (3) of that table but the temporary diversion is not required to be of a higher standard than the temporarily closed Bridleway Number 36. (7) The undertaker must make good to the reasonable satisfaction of the highway authority any damage caused to any part of Bridleway Number 36 to which columns (1), (2) and (3) of the table in Part 1 of Schedule 8 refer by the exercise of the undertaker of any powers conferred by this article. (8) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
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