The West Midlands Rail Freight Interchange Order 2020
2020 No. 511
Infrastructure Planning
The West Midlands Rail Freight Interchange Order 2020
Made 4th May 2020
Coming into force 25th May 2020
An application has been made to the Secretary of State under section 37 of the Planning Act 20081(“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092for an order granting development consent.
The application was examined in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 20103by a single person appointed by the Secretary of State in accordance with Chapter 3 of Part 6 of the 2008 Act.
The single appointed person, having considered the representations made and not withdrawn and the application with the accompanying documents, in accordance with section 83 of the 2008 Act has reported to the Secretary of State.
The Secretary of State having considered the representations made and not withdrawn and the report of the single appointed person has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals comprised in the application.
The Secretary of State in exercise of the powers conferred by sections 114, 115, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 15, 17, 19, 20, 22 to 24, 26, 33 to 37 of Schedule 5 to, the 2008 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and Commencement
1. This Order may be cited as the West Midlands Rail Freight Interchange Order 2020 and comes into force on 25th May 2020.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1973 Act” means the Land Compensation Act 19736;
“the 1980 Act” means the Highways Act 19807;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19818;
“the 1984 Act” means the Road Traffic Regulation Act 19849;
“the 1990 Act” means the Town and Country Planning Act 199010;
“the 1991 Act” means the New Roads and Street Works Act 199111;
“the 2007 Regulations” means the Town and Country Planning (Control of Advertisements) (England) Regulations 200712;
“the 2008 Act” means the Planning Act 200813;
“the 2010 Regulations” means the Community Infrastructure Levy Regulations 201014;
“the 2017 EIA Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 201715;
“A5/A449 link road” means the new road to be constructed as part of the authorised development between the A5 trunk road and the A449 (Stafford Road) being Works No. 4;
“access and rights of way plans” means the plans of that description referred to in Schedule 15 (certification documents) and certified as the access and rights of way plans by the Secretary of State for the purposes of this Order;
“address” includes any number or address used for the purposes of electronic transmission;
“apparatus” for the purposes of article 8 (street works) and article 37 (apparatus and rights of statutory undertakers in stopped up streets) has the same meaning as in Part 3 of the 1991 Act;
“authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act and any works carried out under the requirements;
“book of reference” means the document of that description referred to in Schedule 15 and certified by the Secretary of State as the book of reference for the purposes of this Order;
“bridge plans” mean the plans of that description referred to in Schedule 15 and certified as the bridge plans by the Secretary of State for the purposes of this Order;
“bridges” means the bridges shown on the bridge plans;
“bridleway” has the same meaning as in the 1980 Act;
“building” includes any structure or erection, or any part of a building, structure or erection;
“bus” has the same meaning as in Schedule 1 to the Traffic Signs Regulations and General Directions 201616;
“carriageway” has the same meaning as in the 1980 Act;
“commence” or “commencement” means the carrying out of a material operation, as defined in section 155 of the 2008 Act (when development begins), forming part of the authorised development unless the context indicates otherwise;
“cycle track” has the same meaning as in section 329(1)17(further provisions as to interpretation) of the 1980 Act;
“electronic communications code” has the same meaning as in section 106 (application of the electronic communications code) of the Communications Act 200318;
“electronic communications code network” means—
(a) so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Communications Act 2003; and
(b) an electronic communications network which the Secretary of State is providing or proposing to provide;
“environmental statement” means the document of that description referred to in Schedule 15 and certified by the Secretary of State as the environmental statement for the purposes of this Order;
“footpath” and “footway” have the same meaning as in the 1980 Act;
“future highway maintenance plans” means the plans of that description referred to in Schedule 15 and certified as the future highway maintenance plans for the purposes of this Order;
“hedgerow” includes hedgerows to which the Hedgerow Regulations 199719apply;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“highway classification plans” means the plans of that description referred to in Schedule 15 and certified as highway classification plans by the Secretary of State for the purposes of this Order;
“highway general arrangement plans” means the plans of that description referred to in Schedule 15 and certified as the highway general arrangement plans by the Secretary of State for the purposes of this Order;
“highway works” means the works comprised in Works Nos. 4, 5, 7, 10a, 10b and 12;
“Highways England” means Highways England Company Limited (company number 09346363), whose registered office is at Bridge House, Walnut Tree Close, Guildford, GU1 4ZZ, appointed as highway authority for the highways specified in article 2 of the Appointment of a Strategic Highways Company Order 201520or any successor in function;
“illustrative arrangement of railway alignment plan” means the plan of that description referred to in Schedule 15 and certified as the illustrative arrangement of railway alignment plan by the Secretary of State for the purposes of this Order;
“land plans” means the plans of that description referred to in Schedule 15 and certified as the land plans by the Secretary of State for the purposes of this Order;
“lead local flood authority” means Staffordshire County Council or any successor in function;
“local highway authority” means Staffordshire County Council or any successor in function;
“local planning authority” means South Staffordshire District Council or any successor in function;
“main site” means that part of the land within the Order limits comprising the areas of land described on the works plans as Works Nos. 1, 2, 3 and 6;
“maintain” includes inspect, repair, adjust, alter, clear, refurbish or improve, and any derivative of “maintain” is to be construed accordingly;
“occupation” means occupation other than for the purposes of construction, fitting out, commissioning or site security;
“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily and described in the book of reference;
“Order limits” means the limits shown on the Order limits plan represented by a red line within which the authorised development may be carried out;
“Order limits plan” means the plan of that description referred to in Schedule 15 and certified as the Order limits plan by the Secretary of State for the purposes of this Order;
“owner” in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198121;
“parameters plans” means the plans of that description referred to in Schedule 15 and certified as the parameters plans by the Secretary of State for the purposes of this Order;
“phase” means a defined section or part of the authorised development, the extent of which is shown in a scheme submitted to and approved by the local planning authority under requirement 2 (phases of development);
“public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an internal drainage board or a lead local flood authority or a sewerage undertaker;
“rail section plans” means the plans of that description referred to in Schedule 15 and certified as the rail section plans by the Secretary of State for the purposes of this Order;
“rail terminal – illustrative expanded rail terminal layout plan” means the plan of that description referred to in Schedule 15 and certified as the rail terminal – illustrative expanded rail terminal layout plan by the Secretary of State for the purposes of this Order;
“railway” has the same meaning as in the 2008 Act;
“relevant body” means in respect of each of the highway works the body referred to in respect of each of those works in column (4) of the table in requirement 25 (transport – phasing of highway works);
“relevant highway authority” means in any provision of this Order the highway authority for any area of land to which that provision relates;
“relevant street authority” means in any provision of this Order the street authority for any area of land to which that...
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