The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/675 |
| Year | 2013 |
2013 No. 675
Infrastructure Planning
The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013
Made 19th March 2013
Coming into force 9th April 2013
An application has been made to the Infrastructure Planning Commission, in accordance with the Infrastructure Planning (Applications and Prescribed Forms and Procedure) Regulations 20091, for an order under sections 37, 114, 115, 117(4), 120 and 122 of the Planning Act 20082.
The application was examined by a single Commissioner (appointed by the Chair of the Infrastructure Planning Commission) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 20103.
The Commissioner, having considered the representations made and not withdrawn and the application together with accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Commissioner, has decided to make an Order granting development consent for the development described in the application and consent for ancillary works 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, 10 to 17, 19, 20, 23, 24, 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 Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013 and comes into force on 9th April 2013.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1980 Act” means the Highways Act 19806;
“the 1990 Act” means the Town and Country Planning Act 19907;
“the 1991 Act” means the New Roads and Street Works Act 19918;
“the 2008 Act” means the Planning Act 20089;
“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 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;
“the canal” means the Lancaster Canal;
“the Canal & River Trust” means the private company limited by guarantee of that name (Company No. 07807276) whose registered office is at First Floor, North Station House, 500 Elder Gate, Milton Keynes, MK9 1BB;
“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;
“cycle track” has the same meaning as in the 1980 Act;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
“environmental impact assessment” means the assessment of the environmental impact of the authorised development, the findings of which are recorded in the environmental statement;
“the environmental statement” means the environmental statement submitted under regulation 5(2)(a) of the Infrastructure Planning (Applications and Prescribed Forms and Procedure) Regulations 2009 and certified as such 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;
“the landscaping plans” means the plans certified as the landscaping 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);
“maintain” includes inspect, repair, adjust, alter, remove or reconstruct and any derivative of “maintain” is to be construed accordingly;
“National Grid” means National Grid plc (Company No. 04031152) whose registered office is at 1-3 Strand, London WC2N 5EH;
“Order land” means the land shown on the land plans within the development consent order boundary, which is land to be acquired or used and is described in the book of reference;
“the Order limits” means the limits described as the development consent order boundary on the works 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 198110;
“relevant planning authority” means Lancashire County Council;
“the sections” means the long sections and cross sections certified by the Secretary of State for the purposes of this Order;
“the special roads plan” means the plan certified as the special roads plan by the Secretary of State for the purposes of this Order;
“statutory undertaker” means any statutory undertaker for the purposes of 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;
“the street plans” means the plans certified as the street plans by the Secretary of State for the purposes of this Order;
“the structure general arrangement drawings” means the drawings certified as the structure general arrangement drawings by the Secretary of State for the purposes of this Order;
“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 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 to be 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 street plans or the special roads plan as the case may be.
(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 and to 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) may only be constructed in the lines and situations shown on the works plans and in accordance with 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 from the lines or situations shown on the works plans to any extent not exceeding 1 metre in any direction within the Order limits.
Benefit of Order
6.—(1) Subject to article 7 (consent to transfer benefit of Order), the provisions of this Order have effect solely for the benefit of Lancashire County 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) The undertaker may—
(a)
(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)
(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...
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