SCHEDULE 1
Article 2
General model provisions
1. Interpretation
(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19612;
“the 1965 Act” means the Compulsory Purchase Act 19653;
“the 1980 Act” means the Highways Act 19804;
“the 1990 Act” means the Town and Country Planning Act 19905;
“the 1991 Act” means the New Roads and Street Works Act 19916;
“the 2008 Act” means the Planning Act 20087;
“ancillary works” means the ancillary works described in Part 2 of Schedule A (authorised project) [and any other works authorised by the Order] and which are not development within the meaning of section 32 of the 2008 Act;
“authorised development” means the development and associated development described in Part 1 of Schedule A (authorised project) [and any other development authorised by this Order], which is development within the meaning of section 32 of the 2008 Act;
“the authorised project” means the authorised development and the ancillary works authorised by this Order;
“the book of reference” means the book of reference certified by the decision-maker 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;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;
“the decision-maker” has the same meaning as in section 103 of the 2008 Act;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“the land plan” means the plan certified as the land plan by the decision-maker for the purposes of this Order;
“Order land” means the land shown on the land plan which is within the limits of land to be acquired and described in the book of reference;
“the Order limits” means the limits shown on the works plan within which the authorised project may be carried out;
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 19818;
“relevant planning authority” means—
(i) the district planning authority for the area in which the land to which the provisions of this Order apply is situated unless the provisions relate to the construction or alteration of a hazardous waste facility, in which case it means the county planning authority;
(ii) a National Park Authority;
(iii) the Broads Authority; and
(iv) the Greater London Authority if the land to which the provisions of this Order or requirements apply is situated in Greater London;
“rights plan” means the plan certified as the rights plan by the decision-maker for the purposes of this Order;
“the sections” means the sections shown on the plan certified as the section drawings plan by the decision-maker for the purposes of this Order;
“statutory undertaker” means any person falling within section 127(8), 128(5) or 129(2) of the 2008 Act;
“street” means a street within the meaning of section 48 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;
“tree preservation order” has the meaning given in section 198 of the 1990 Act;
“the tribunal” means the Lands Chamber of the Upper Tribunal;
“undertaker” means the person who has the benefit of this Order in accordance with section 156 of the 2008 Act;
“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 plan” means the plan certified as the works plan by the decision-maker 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 project shall be taken to be measured along that work.
[NOTE: In the case of off-shore development, which is outside the area of any planning authority, it will be necessary to identify another appropriate body as the relevant planning authority.]
2. Development consent etc. granted by the Order
Subject to the provisions of this Order and to the requirements in the Schedule (requirements) attached to this Order the undertaker is granted—
(a) development consent for the authorised development; and
(b) consent for the ancillary works,
to be carried out within the Order limits.
3. Maintenance of authorised project
The undertaker may at any time maintain the authorised project, except to the extent that this Order or an agreement made under this Order, provides otherwise.
4. Benefit of Order
Subject to article 5 (consent to transfer benefit of Order), the provisions of articles [ ] and [ ][specify relevant articles] shall have effect solely for the benefit of [specify person, body or class of person].
[NOTE: This article is required where provisions of the Order are specific to a named undertaker or class of undertaker (see section 156(2) of the 2008 Act).]
5. Consent to transfer benefit of Order
(1) The undertaker may, with the consent of the[specify person or body]—
(a)
(a) and the transferee; or
(b)
(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), shall 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) shall be subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.
6. Application and modification of legislative provisions
(1) Subject to the modifications set out in paragraph (2) the following provisions of the[insert short title of the relevant Act] shall be incorporated in this Order—
(a)
(a) section[s] X[specify relevant section(s)].
(2) The modifications are:[insert relevant modifications].
(3) In construing the[insert short title of the relevant Act] as incorporated the following expressions shall have the following meanings: [insert relevant expressions and definitions]
7. Defence to proceedings in respect of statutory nuisance
(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 19909(summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if—
(a)
(a) the defendant shows that the nuisance—
(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project and that the nuisance is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or 65 (noise exceeding registered level), of the Control of Pollution Act 197410; or
(ii) is a consequence of the construction or maintenance of the authorised project and that it cannot reasonably be avoided; or
(b)
(b) the defendant shows that the nuisance—
(i) relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised project and that the nuisance is attributable to the use of the authorised project which is being used in accordance with a scheme of monitoring and attenuation of noise agreed with the Commission as described in requirement 25; or
(ii) is a consequence of the use of the authorised project and that it cannot reasonably be avoided.
(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) of that Act (corresponding provision in relation to consent for registered noise level to be exceeded), shall not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised project.
8. Street works
(1) The undertaker may, for the purposes of the authorised project,...
