The A19 Downhill Lane Junction Development Consent Order 2020

Publication Date:January 01, 2020
 
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2020No. 746

INFRASTRUCTURE PLANNING

The A19 Downhill Lane Junction Development Consent Order 2020

Made16thJuly2020

Coming into force6thAugust2020

CONTENTS

PART 1

PRELIMINARY

1. Citation and commencement

2. Interpretation

PART 2

PRINCIPAL POWERS

3. Development consent etc. granted by the Order

4. Maintenance of authorised development

5. Maintenance of drainage works

6. Limits of deviation

7. Benefit of Order

8. Consent to transfer benefit of Order

PART 3

STREETS

9. Application of the 1991 Act

10. Construction and maintenance of new, altered or diverted streets

11. Classification of roads, etc.

12. Temporary stopping up and restriction of use of streets

13. Permanent stopping up and restriction of use of streets and private means of access

14. Access to works

15. Clearways

16. Traffic regulation

PART 4

SUPPLEMENTAL POWERS

17. Discharge of water

18. Protective work to buildings

19. Authority to survey and investigate the land

PART 5

POWERS OF ACQUISITION AND POSSESSION OF LAND

20. Compulsory acquisition of land

21. Compulsory acquisition of land – incorporation of the mineral code

22. Time limit for the exercise of the authority to acquire land compulsorily

23. Compulsory acquisition of rights

24. Private rights over land

25. Modification of Part 1 of the 1965 Act

26. Application of the 1981 Act

27. Acquisition of subsoil or airspace only

28. Rights under or over streets

29. Temporary use of land for carrying out the authorised development

30. Temporary use of land for construction compound

31. Temporary use of land for maintaining the authorised development

32. Statutory undertakers

33. Apparatus and rights of statutory undertakers in stopped up streets

34. Recovery of costs of new connections

PART 6

OPERATIONS

35. Felling or lopping of trees and removal of hedgerows

PART 7

MISCELLANEOUS AND GENERAL

36. Disapplication of legislative provisions, etc.

37. Application of landlord and tenant law

38. Operational land for purposes of the 1990 Act

39. Defence to proceedings in respect of statutory nuisance

40. Protection of interests

41. Certification of documents, etc.

42. Service of notices

43. Arbitration

SCHEDULES

SCHEDULE 1 — AUTHORISED DEVELOPMENT

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

PART 1 — TRUNK ROADS

PART 2 — OTHER CLASSIFIED ROADS

PART 3 — NON-MOTORISED USER ROUTES

PART 4 — ROADS SUBJECT TO 40 MILES PER HOUR LIMIT

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS

PART 1 — STREETS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 2 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 3 — STREETS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

SCHEDULE 5 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

SCHEDULE 6 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 7 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

SCHEDULE 8 — AMENDMENTS TO THE A19/A184 TESTO'S JUNCTION ALTERATION DEVELOPMENT CONSENT ORDER 2018

SCHEDULE 9 — DOCUMENTS TO BE CERTIFIED

An application has been made to the Secretary of State under section 37 of the Planning Act 2008( 1) (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( 2) for an Order granting development consent.

The application was examined by a single appointed person (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010( 3).

The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report and recommendation 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 changes 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 to 23, 26, 33, 36 and 37 of Part 1 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 A19 Downhill Lane Junction Development Consent Order 2020 and comes into force on 6th August 2020.

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961( 4);

“the 1965 Act” means the Compulsory Purchase Act 1965( 5);

“the 1980 Act” means the Highways Act 1980( 6);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981( 7);

“the 1984 Act” means the Road Traffic Regulation Act 1984( 8);

“the 1990 Act” means the Town and Country Planning Act 1990( 9);

“the 1991 Act” means the New Roads and Street Works Act 1991( 10);

“the 2008 Act” means the Planning Act 2008( 11);

“address” includes any number or address for the purposes of electronic transmission;

“apparatus” 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;

“the book of reference” means the document of that description certified as the book of reference by the Secretary of State for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act;

“CEMP” means the construction environmental management plan;

“commence” means beginning to carry out any material operation (as defined in section 56(4)( 12) of the 1990 Act) forming part of the authorised development other than operations consisting of archaeological investigations, non-intrusive investigations for the purpose of assessing ground conditions, pre-construction ecology surveys, pre-construction ecological mitigation and works under mitigation licences, remedial work in respect of any contamination or other adverse ground conditions, erection of any temporary means of enclosure, and the temporary display of site notices or advertisements and “commencement” is to be construed accordingly;

“cycle track” has the same meaning as in the 1980 Act( 13);

“electronic transmission” means a communication transmitted—

(a) by means of an electronic communications network; or

(b) by other means but while in electronic form;

“the engineering drawings and sections” means the documents of that description certified as the engineering drawings and sections by the Secretary of State for the purposes of this Order;

“environmental statement” means the document of that description certified as the environmental statement by the Secretary of State for the purposes of this Order;

“footway” and “footpath” have the same meaning as in the 1980 Act;

“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act;

“the land plans” means the documents of that description certified as the land plans by the Secretary of State for the purposes of this Order,

“limits of deviation” means the limits of deviation referred to in article 6 (limits of deviation);

“maintain” in relation to the authorised development includes to inspect, repair, adjust, alter, remove or reconstruct, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “maintain” is to be construed accordingly;

“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;

“the Order limits” means the limits of lands to be acquired or used permanently or temporarily shown on the land plans and works plans within which the authorised development may be carried out;

“the outline CEMP” means the document of that description submitted with the application for this Order and certified as the outline CEMP 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 1981( 14);

“relevant planning authority” means in any given provision of this Order, the planning authority for the area to which the provision relates;

“Secretary of State” means the Secretary of State for Transport;

“statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers' land), of the 2008 Act;

“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

“streets, rights of way and access plans” means the documents of that description certified as the streets, rights of way and access plans by the Secretary of State for the purposes of this Order;

“the Testo's plans†means the revised Testo's plans, drawings and sections...

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