(4) The powers conferred by paragraph (2) must not be exercised without the consent of the street authority, but such consent must not be unreasonably withheld. 

(5) If within 28 days of receiving an application for consent under paragraph (4) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal, that street authority is deemed to have granted consent. 

## Power to execute street works 

12. —(1) Network Rail may, for the purposes of the authorised works, enter upon any of the streets specified in Schedule 9 (streets subject to street works) as are within the Order limits to the extent necessary and may— 

(a) break up or open the street, or any sewer, drain or tunnel under it; 

(b) place apparatus in the street; 

(c) maintain apparatus in the street or change its position; and 

(d) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c). 

(2) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act. 

## Stopping up of streets 

13. —(1) Subject to the provisions of this article, Network Rail may, in connection with the carrying out of the authorised works, stop up each of the streets specified in column (2) of Parts 1 and 2 of Schedule 10 (streets to be stopped up) to the extent specified in column (3) of that Part of that Schedule. 

(2) No street specified in column (2) of Part 1 of Schedule 10 is to be wholly or partly stopped up under this article unless— 

(a) the new street to be constructed and substituted for it, which is specified in column (4) of that Part of that Schedule, has been constructed and completed to the reasonable satisfaction of the street authority and is open for use; or 

(b) a temporary alternative route for the passage of such traffic as could have used the street to be stopped up is first provided and then maintained by Network Rail, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street until the completion and opening of the new street in accordance with sub-paragraph (a). 

(3) No street specified in columns (1) and (2) of Part 2 of Schedule 10 to this Order (being a street to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street to be stopped up. 

(4) The condition referred to in paragraph (3) is that— 

(a) Network Rail is in possession of the land; 

(b) there is no right of access to the land from the street concerned; 

(c) there is reasonably convenient access to the land otherwise than from the street concerned; or 

(d) the owners and occupiers of the land have agreed to the stopping up. 

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

(a) all rights of way over or along the street so stopped up are extinguished; and 

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

(6) Any person who suffers loss by the suspension or extinguishment 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. 

