The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014
|Publication Date:||January 01, 2014|
The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014
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 2008 Act").
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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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 change 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, 8, 10 to 17, 24, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order-
Citation and commencement
1. This Order may be cited as the Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 and comes into force on 21st October 2014.
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 1984 Act" means the Road Traffic Regulation Act 1984( 7);
"the 1990 Act" means the Town and Country Planning Act 1990( 8);
"the 1991 Act" means the New Roads and Street Works Act 1991( 9);
"the 2008 Act" means the Planning Act 2008( 10);
"the access plans" means the plans 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;
"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 (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;
"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;
"cycle track" has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act( 11);
"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 document certified as the environmental statement by the Secretary of State for the purposes of this Order;
"the exchange land plans" means the plans certified as the exchange land plans by the Secretary of State for the purposes of this Order;
"footpath" and "footway" have the same meaning as in the 1980 Act;
"highway" and "highway authority" have the same meaning as in the 1980 Act;
"the land plans" means the plans 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 5 (limits of deviation) and shown as such on the works plans;
"maintain" in relation to the authorised development includes to inspect or repair and any derivative of "maintain" is to be construed accordingly;
"Order land" means the land shown on the land plans within the limits of deviation, which is land to be acquired or used and is described in the book of reference;
"the Order limits" means the limits of deviation within which the authorised development may be carried out;
"owner", in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981( 12);
"the relevant planning authority" means the Central Bedfordshire Council in relation to land in its area and Luton Borough Council in relation to land in its area, and "the relevant planning authorities" means both of them;
"the replacement land" means the land coloured green on the exchange land plans comprising plots numbered 02/13 (part), 02/14 (part), 02/15 (part), 02/16 (part), 02/17 (part), 02/19 (part), 02/20 (part), 02/28 (part), 02/29, 02/47 and 03/01 (part) in the book of reference and on the land plans;
"the sections" means the cross section drawings and the longitudinal section drawings certified as the sections by the Secretary of State for the purposes of this Order;
"the special category land" means the land coloured blue on the exchange land plans and comprising plots numbered 01/05, 01/06, 01/08, 01/10, 01/12, 01/15, 01/18, 01/20, 01/22, 01/23, 02/01, 02/04, 02/08, 02/09 and 02/42 in the book of reference and on the land plan and forming part of the open space which may be acquired compulsorily under this Order and for which replacement land is to be provided;
"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;
"the tribunal" means the Lands Chamber of the Upper Tribunal;
"the undertaker" means the person who has the benefit of this Order in accordance with section 156 (benefit of order granting development consent) of the 2008 Act and article 6 (benefit of Order);
"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 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.
(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) For the purposes of this Order, 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 to be construed as references to points so lettered or numbered on the access plans.
(6) References in this Order to numbered works are references to the works as numbered in Schedule 1.
Development consent etc. granted by the Order
3. (1) Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), the undertaker 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 works numbered in Schedule 1 (authorised development) must be constructed in the lines and situations shown on the works plans and to the levels shown on the sections.
Maintenance of authorised development
4. The undertaker 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 the authorised development the undertaker may-(a) deviate vertically from the levels shown on the sections to any extent not exceeding 0.5 metres upwards or downwards; and(b) deviate laterally within the limits of deviation from the lines or situations shown on the works plans to any extent not exceeding 2 metres in any direction.
Benefit of Order
6. (1) Subject to paragraph (2) and article 7 (consent to transfer benefit of Order), the provisions of this Order have effect solely for the benefit of the Central Bedfordshire Council.
(2) Paragraph (1) does not apply to the works for which 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) Subject to paragraph (4), the undertaker 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 undertaker and the transferee; or(b) grant to another person ("the lessee") for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.
(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include references to the transferee or the lessee.
(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
(4) The consent of the Secretary of State is required for a transfer or grant under this...
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