The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014

Publication Date:January 01, 2014
 
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2014No. 2269

INFRASTRUCTURE PLANNING

The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014

28thAugust2014

18thSeptember2014

An application has been made to the Secretary of State, in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( 1) for an Order under sections 37, 114, 115, 120 and 122 of the Planning Act 2008( 2).

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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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, 120 and 122 of, and paragraphs 1 to 3, 10 to 17, 19, 26, 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 A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 and comes into force on 18th September 2014.

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 and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act (meaning of 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;

"building" includes any structure or erection or any part of a building, structure or erection;

"the car parking drawings" means the drawings specified in article 34(1)(j) (certification of plans, etc.) and certified as the car parking drawings by the Secretary of State for the purposes of this Order;

"carriageway" has the same meaning as in the 1980 Act;

"cycle track" has the same meaning as in section 329(1) of the 1980 Act( 12) (further provisions as to interpretation);

"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 specified in article 34(1)(e) and certified as the engineering drawings and sections by the Secretary of State for the purposes of this Order;

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

"the junction design drawings" means drawings specified in article 34(1)(h) and certified as the junction design drawings by the Secretary of State for the purposes of this Order;

"the land plans" means the plans specified in article 34(1)(b) and certified as the land plans by the Secretary of State for the purposes of this Order;

"the lighting drawings" means the drawings specified in article 34(1)(i) and certified as the lighting drawings by the Secretary of State for the purposes of this Order;

"limits of deviation" means the limits of deviation referred to in article 5 (limits of deviation);

"maintain" in relation to the authorised development includes to inspect, repair, adjust, alter, remove or reconstruct 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 deviation shown on the works plans, and the limits of 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 of the Acquisition of Land Act 1981( 13) (interpretation);

"relevant planning authority" means the local planning authority for the land in question;

"rights of way and access plans" means the plans specified in article 34(1)(c) and certified as the rights of way and access plans by the Secretary of State for the purposes of this Order;

"Secretary of State" means the Secretary of State for Transport;

"special road" means a highway which is a special road in accordance with section 16 of the 1980 Act (general provisions as to special roads) or by virtue of an order granting development consent;

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

"street" means a street within the meaning of section 48 of the 1991 Act (streets, street works and undertakers), 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;

"the structure drawings" means the drawings specified in article 34(1)(g) and certified as the structure drawings by the Secretary of State for the purposes of this Order;

"the tribunal" means the Lands Chamber of the Upper Tribunal;

"trunk road" means a highway which is a trunk road by virtue of-

(a) section 10 or 19(1) of the 1980 Act (provisions as to trunk roads);(b) an order or direction under section 10 of that Act; or(c) an order granting development consent; or(d) any other enactment;

"watercourse" includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

"the works plans" means the plans specified in article 34(1)(d) and certified as the works plans by the Secretary of State for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(4) All areas described in square metres in the book of reference are approximate.

(5) References in this Order to points identified by letters or numbers are construed as references to points so lettered or numbered on the rights of way and access plans.

(6) References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

PART 2

PRINCIPAL POWERS

Development consent etc. granted by the Order

3. (1) Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the Secretary of State is granted development consent for the authorised development to be carried out within the Order limits.

(2) Subject to article 5 (limits of deviation) the authorised development may only be constructed in the lines and situations shown on the works plans and the levels shown on the engineering drawings and sections.

Maintenance of authorised development

4. The Secretary of State may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order, provides otherwise.

Limits of deviation

5. In carrying out linear works the Secretary of State may-

(a) deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans; and(b) deviate vertically from the levels of the authorised development shown on the engineering drawings and sections, provided that deviation is within the scope of the environmental impact assessment, to a maximum of 0.5 metres upwards or downwards.

Benefit of Order

6. (1) Subject to article 7 (consent to transfer benefit of Order) and paragraph (2), the provisions of this Order conferring powers on the Secretary of State have effect solely for the benefit of the Secretary of State.

(2) Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Consent to transfer benefit of Order

7. (1) The Secretary of State may-

(a) transfer to another person ("the transferee") any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the Secretary of State and the transferee; or(b) grant to another person ("the lessee") for a period...

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