|
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|
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(4) | The purpose of consultation under sub-paragraph (3) shall be to ensure |
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public safety and, so far as reasonably practicable, to reduce public |
| |
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(5) | Before exercising the powers conferred by sub-paragraph (1) in relation to a |
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highway, or to an extent, not specified in the table in sub-paragraph (3), the |
| |
nominated undertaker shall obtain the consent in writing of the highway |
| |
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(6) | Consent under sub-paragraph (5) shall not be unreasonably withheld, but |
| |
may be given subject to such conditions as the highway authority may |
| 20 |
reasonably require in the interest of public safety or convenience. |
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(7) | If a highway authority which receives an application for consent under sub- |
| |
paragraph (5) fails to notify the applicant of its decision on the application |
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before the end of the period of 28 days beginning with the date on which the |
| |
application was made, it shall be deemed to have granted the application. |
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(8) | Sub-paragraph (7) shall have effect in relation to an application for consent |
| |
which relates to a GLA side road (within the meaning of the Road Traffic |
| |
Regulation Act 1984 (c. 27)) or a road which is designated under section 60(1) |
| |
or 61(1) of the Traffic Management Act 2004 (c. 18) (roads in Greater London |
| |
which are strategic roads) with the substitution for “28” of “42”. |
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(9) | Any dispute with a highway authority about consent under sub-paragraph |
| |
(5) shall, if the parties agree, be referred to arbitration, but shall otherwise be |
| |
determined by the Secretary of State. |
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(10) | It is hereby declared for the avoidance of doubt that there is no need to |
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reinstate a highway or part of a highway in relation to which any of the |
| 35 |
powers conferred by sub-paragraph (1) has been exercised where the |
| |
exercise of the power comes to an end on the exercise, in relation to the |
| |
highway or part, of the power conferred by paragraph 1(1) or 2(1). |
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Working sites in highways |
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6 | Any highway or part of a highway which is stopped up under paragraph |
| 40 |
5(1)(a) may be used as a working site if it is within the limits of deviation for |
| |
the scheduled works or within the limits of land to be acquired or used. |
| |
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