The A30 Chiverton to Carland Cross Development Consent Order 2020

Publication Date:January 01, 2020
 
FREE EXCERPT

2020No. 121

INFRASTRUCTURE PLANNING

The A30 Chiverton to Carland Cross Development Consent Order 2020

Made6thFebruary2020

Coming into force27thFebruary2020

CONTENTS

PART 1

PRELIMINARY

1. Citation and commencement

4

2. Interpretation

4

3. Maintenance of drainage works

7

4. Disapplication of legislation, etc.

7

PART 2

PRINCIPAL POWERS

5. Development consent etc. granted by the Order

8

6. Maintenance of authorised development

8

7. Planning permission

8

8. Limits of deviation

8

9. Benefit of Order

9

10. Consent to transfer benefit of Order

9

PART 3

STREETS

11. Street works

10

12. Application of the 1991 Act

10

13. Construction and maintenance of structures new, altered or diverted streets and other

12

14. Classification of roads, etc.

13

15. Temporary stopping up and restriction of use of streets

14

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

14

17. Access to works

15

18. Clearways

15

19. Traffic regulation

16

PART 4

SUPPLEMENTAL POWERS

20. Discharge of water

17

21. Protective works to buildings

18

22. Authority to survey and investigate the land

19

PART 5

POWERS OF ACQUISITION

23. Compulsory acquisition of land

20

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

20

25. Time limit for exercise of authority to acquire land compulsorily

20

26. Compulsory acquisition of rights

21

27. Public rights of way

21

28. Private rights over land

21

29. Modification of Part 1 of the 1965 Act

22

30. Application of the 1981 Act

23

31. Acquisition of subsoil or airspace only

24

32. Rights under or over streets

24

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

25

34. Temporary use of land for maintaining the authorised development

26

35. Statutory undertakers

27

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

27

37. Recovery of costs of new connections

28

38. Special category land

29

PART 6

OPERATIONS

39. Felling or lopping of trees and removal of hedgerows

29

40. Trees subject to tree preservation orders

30

PART 7

MISCELLANEOUS AND GENERAL

41. Application of landlord and tenant law

31

42. Operational land for purposes of the 1990 Act

31

43. Defence to proceedings in respect of statutory nuisance

31

44. Protective provisions

32

45. Certification of plans etc.

32

46. Service of notices

32

47. Arbitration

33

SCHEDULES

SCHEDULE 1 — AUTHORISED DEVELOPMENT

34

SCHEDULE 2 — REQUIREMENTS

44

PART 1 — REQUIREMENTS

44

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

49

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

51

PART 1 — TRUNK ROADS

51

PART 2 — ROADS TO BE DE-TRUNKED

52

PART 3 — CLASSIFIED ROADS

52

PART 4 — UNCLASSIFIED ROADS

54

PART 5 — SPEED LIMITS

54

PART 6 — TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

58

PART 7 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

59

PART 8 — PUBLIC RIGHTS OF WAY

60

SCHEDULE 4 — PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

61

PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

61

PART 2 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

62

PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

72

PART 4 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

73

SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

77

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

88

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

92

SCHEDULE 8 — TREES SUBJECT TO TREE PRESERVATION ORDERS

120

SCHEDULE 9 — PROTECTIVE PROVISIONS

121

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

121

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

126

PART 3 — FOR THE PROTECTION OF SCOTTISHPOWER RENEWABLES

127

SCHEDULE 10 — DOCUMENTS TO BE CERTIFIED

131

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 is satisfied that replacement land has been or will be given in exchange for the special category land (as defined in article 38(4) of this Order) and the replacement land (as defined in that article) has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the special category land, and that, accordingly, section 131(4) of the 2008 Act applies.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120, 122 and 123 of, and paragraphs 1 to 4, 10 to 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.—(1) This Order may be cited as the A30 Chiverton to Carland Cross Development Consent Order 2020 and comes into force on 27th February 2020.

Interpretation

2.—(1) In this Order except where provided otherwise—

“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 and associated development described in Schedule 1 (authorised development);

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

“bridleway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

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

“carriageway” has the same meaning as in section 329(1) of the 1980 Act;

“the classification of roads plans” means the plans certified by the Secretary of State as the classification of roads plans for the purposes of this Order;

“the clearways plans” means the plans certified by the Secretary of State as the clearways plans for the purposes of this Order;

“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, investigations for the purpose of assessing ground conditions, 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;

“the de-trunking plans” means the plans certified by the Secretary of State as the de-trunking plans for the purposes of this Order;

“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 environmental statement” means the documents 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 section 329(1) of the 1980 Act;

“the general arrangement and section plans” means the documents certified by the Secretary of State as the general arrangement and section plans for the purposes of this Order;

“highway” has the same meaning as in section 328 (meaning of “highway”) of the 1980 Act;

“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;

“the local highway authority” means Cornwall Council;

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

“the 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 the land to be acquired or used permanently or temporarily shown on the land plans within which the authorised development may be carried out;

“owner”, in relation to land, has the same meaning as in section 7( 13)...

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