The Midland Metro (Birmingham City Centre Extension, etc.) Order 2005

Power to alter layout, etc. of streets

9.—(1) The Executive may alter the layout of, and carry out other ancillary works in, any street in the City specified in column (1) of Schedule 3 to this Order in the manner specified in relation to that street in column (2) of that Schedule.

(2) The Executive may remove the kerbs separating the footway from the carriageway in any part of Bull Street, Corporation Street, Stephenson Place, Stephenson Street or Pinfold Street in the City along or adjacent to which any part of the authorised tramway is or is to be constructed.

(3) Without prejudice to the powers conferred by article 6 or paragraphs (1) and (2) but subject to paragraph (4)(a), the Executive may for the purpose of constructing, maintaining or using any authorised street tramway alter the layout of any street in the City along which the tramway is or is to be laid, and the layout of any street adjacent to such a street; and, without prejudice to the generality of the foregoing, the Executive 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 kerb, footpath, footway, cycle track or verge;

(c)construct, alter or remove traffic islands and central reserves;

(d)reduce the width of the carriageway of the street by forming a reserved area in the street as a stopping place for tramcars or by carrying out other works for that purpose;

(e)carry out works to the carriageway of the street for the purpose of deterring or preventing vehicles other than tramcars from passing along the tramway;

(f)make and maintain crossovers, sidings or passing places; and

(g)carry out works for the provision or alteration of parking places.

(4) The following shall require the consent of the street authority—

(a)the exercise of the powers conferred by paragraph (3);

(b)the exercise of the power to deviate conferred by article 7(1)(b) with respect to the construction or maintenance of a scheduled work comprising a street tramway, where it would require the alteration of the level of the carriageway of the street carrying the tramway;

(c)the exercise of the power to deviate conferred by article 7(1)(b) with respect to the construction or maintenance of a scheduled work comprising the alteration of the level or alignment of a highway; or

(d)the exercise of the power conferred by article 10 with respect to the placing in the street of supports for overhead line equipment for any authorised street tramway.

(5) Consent under paragraph (4) shall not be unreasonably withheld.