The Bridgwater Tidal Barrier Order 2022

Permanent stopping up and diversion of streets

12.—(1) Subject to the provisions of this article, the Agency may, in connection with the construction of the authorised works, stop up each of the streets specified in columns (1) and (2) of Schedule 3 (streets to be permanently stopped up) to the extent specified in column (3) of that Schedule by reference to the letters and numbers shown on the public rights of way plans.

(2) No street specified in columns (1) and (2) of Schedule 3 may be wholly or partly stopped up under this article unless either—

(a)the new street to be substituted for it, and which is specified in relation to it by reference to one of the scheduled works mentioned in column (4) of Schedule 3, has been completed to the reasonable satisfaction of the street authority and is open for use, or

(b)a temporary alternative route is first provided and then maintained by the Agency to the reasonable satisfaction of the street authority until completion of a new street in accordance with sub-paragraph (a).

(3) Where a street has been stopped up under this article—

(a)all rights of way over or along it are extinguished, and

(b)the Agency may appropriate and use for the purposes of its undertaking so much of the site of the street as is bounded on both sides by land owned by the Agency.

(4) Any person who suffers loss by the extinguishment or suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) This article is subject to paragraphs 5 and 6 of Schedule 9 (protection of electricity, gas, water and sewerage undertakers).