The A585 Windy Harbour to Skippool Highway Development Consent Order 2020

Publication Date:January 01, 2020
 
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2020No. 402

INFRASTRUCTURE PLANNING

The A585 Windy Harbour to Skippool Highway Development Consent Order 2020

Made9thApril2020

Coming into force30thApril2020

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

20. Compulsory acquisition of land

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

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

23. Compulsory acquisition of rights and restrictive covenants

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 maintaining the authorised development

31. Statutory undertakers

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

33. Recovery of costs of new connections

PART 6

OPERATIONS

34. Felling or lopping of trees and removal of hedgerows

PART 7

MISCELLANEOUS AND GENERAL

35. Deemed Marine Licence

36. Application of landlord and tenant law

37. Trees subject to tree preservation orders

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

44. Crown rights

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 — CLASSIFIED ROADS

PART 3 — UNCLASSIFIED ROADS

PART 4 — OTHER PUBLIC RIGHTS OF WAY

PART 5 — ROADS TO BE DE-TRUNKED

PART 6 — SPEED LIMITS

PART 7 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

PART 8 — NEW TRAFFIC REGULATION ORDERS SOUGHT

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

PART 1 — PUBLIC RIGHTS OF WAY OR HIGHWAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 2 — PUBLIC RIGHTS OF WAY OR HIGHWAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 4 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

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

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

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 8 — DEEMED MARINE LICENCE

PART 1 — INTRODUCTORY

PART 2 — LICENSED ACTIVITIES

PART 3 — ENFORCEMENT

PART 4 — CONDITIONS

SCHEDULE 9 — HEDGEROWS AND TREES

PART 1 — HEDGEROWS

PART 2 — TREES SUBJECT TO TREE PRESERVATION ORDERS

SCHEDULE 10 — 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

PART 3 — FOR THE PROTECTION OF CADENT GAS LTD AS GAS UNDERTAKER

SCHEDULE 11 — 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.

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, 30A, 30B, 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 A585 Windy Harbour to Skippool Highway Development Consent Order 2020 and comes into force on 30th April 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);

“the 2009 Act” means the Marine and Coastal Access Act 2009( 12);

“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) or any part of it, which is development within the meaning of section 32 (meaning of development) of the 2008 Act;

“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;

“British Telecommunications PLC” means the company registered in England and Wales, company number 01800000, whose registered address is 81 Newgate Street, London EC1A 7AJ;

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

“Cadent Gas Ltd” means the Company registered in England and Wales, company number 10080864, whose registered address is Ashbrook Court, Prologis Park, Central Boulevard, Coventry CV7 8PE;

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

“CEMP” means construction environmental management plan;

“commence” means beginning to carry out any material operation (as defined in section 56(4) of the 1990 Act) forming part of the authorised development other than operations consisting of non-intrusive investigations for the purpose of assessing ground conditions, and, where capable of being reversed and the land restored to its original condition, operations consisting of any archaeological investigations, non-intrusive 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);

“Electricity North West Limited” means the company registered in England and Wales, company number, 02366949, whose registered address is Borron Street, Stockport, SK1 2JD;

“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 drawings and sections listed in Schedule 11 (documents to be certified) and certified as the engineering drawings and sections by the Secretary of State for the purposes of this Order;

“Environment Agency” means the body of that name created by the Environment Act 1995( 14) or any successor in function to it;

“environmental statement” means the document of that description submitted with the application for this Order and 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;

“GTC Infrastructure Limited” means the company registered in Guernsey, company number, FC020169, whose registered address is Martello Court, Admiral Park, St Peter Port, Guernsey GY1 3HB;

“HEMP” means handover environmental management plan;

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

“highway authority” means the undertaker;

“the land plans” means the plans listed in Schedule 11 (documents to be certified) and certified as the land plans by the Secretary of State for the purposes of this Order;

“lead local flood authority” has the same meaning as in the Flood and Water Management Act 2010( 15)

“maintain” in relation to the authorised development includes to inspect, repair, adjust, alter, remove or reconstruct to the extent that 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;

“Natural England” means the body established by section 1 of the Natural Environment and...

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