The West Midlands Rail Freight Interchange Order 2020

Publication Date:January 01, 2020
 
FREE EXCERPT

2020No. 511

INFRASTRUCTURE PLANNING

The West Midlands Rail Freight Interchange Order 2020

Made4thMay2020

Coming into force25thMay2020

CONTENTS

PART 1

PRELIMINARY

1. Citation and Commencement

2. Interpretation

PART 2

PRINCIPAL POWERS

3. Development consent granted by the Order

4. Parameters of authorised development

5. Authorisation of use

6. Maintenance of authorised development

7. Benefit of Order

PART 3

STREETS

8. Street works

9. Power to alter layout, etc., of streets

10. Permanent stopping up of streets

11. Temporary stopping up of streets

12. Public rights of way – creation and stopping up

13. Accesses

14. Maintenance of highway works

15. Classification of A5/A449 link road

16. Speed limits

17. Traffic Regulation

18. Clearways, no waiting and limited waiting

19. Motor vehicle restrictions

20. Agreements with highway authorities

PART 4

SUPPLEMENTAL POWERS

21. Discharge of water

22. Authority to survey and investigate the land

PART 5

POWERS OF ACQUISITION

23. Guarantees in respect of payment of compensation

24. Compulsory acquisition of land

25. Compulsory acquisition of rights

26. Private rights

27. Power to override easements and other rights

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

29. Time limit for exercise of authority to acquire land and rights compulsorily

30. Modification of Part 1 of the 1965 Act

31. Application of the 1981 Act

32. Statutory undertakers and operators of the electronic communications code network

33. Rights under or over streets

34. Temporary use of land for carrying out the authorised development

35. Temporary use of land for maintaining the authorised development

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

37. No double recovery

PART 6

MISCELLANEOUS AND GENERAL

38. Operation and use of railways

39. Operational land for the purposes of the 1990 Act

40. Charges

41. Felling or lopping of trees and removal of hedgerows

42. Protective provisions

43. Governance of requirements and governance of protective provisions relating to highway works

44. Disapplication, application and modification of legislative provisions

45. Certification of plans and documents

46. Service of notices

47. Arbitration

SCHEDULES

SCHEDULE 1 — AUTHORISED DEVELOPMENT

PART 1 — NSIP: THE CONSTRUCTION OF A RAIL FREIGHT INTERCHANGE

PART 2 — ASSOCIATED DEVELOPMENT

SCHEDULE 2 — REQUIREMENTS

PART 1 — GENERAL REQUIREMENTS

PART 2 — RAIL REQUIREMENTS

PART 3 — PROCEDURE FOR APPROVALS ETC. UNDER REQUIREMENTS

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

SCHEDULE 4 — STREETS TO BE STOPPED UP

PART 1 — STREETS TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 2 — STREETS TO BE PERMANENTLY STOPPED UP AND BECOME PRIVATE STREETS

SCHEDULE 5 — PUBLIC RIGHTS OF WAY

PART 1 — PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

PART 2 — NEW PUBLIC RIGHT OF WAY TO BE CREATED

SCHEDULE 6 — PRIVATE MEANS OF ACCESS

PART 1 — PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

PART 2 — PRIVATE MEANS OF ACCESS TO BE CLOSED AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 3 — NEW PRIVATE MEANS OF ACCESS CREATED

SCHEDULE 7 — CLASSIFICATION OF NEW HIGHWAYS

SCHEDULE 8 — SPEED LIMITS

PART 1 — ROADS SUBJECT TO 30MPH SPEED LIMIT

PART 2 — ROADS SUBJECT TO 40MPH SPEED LIMIT

PART 3 — ROADS SUBJECT TO 50MPH SPEED LIMIT

PART 4 — ROADS SUBJECT TO 60MPH SPEED LIMIT

SCHEDULE 9 — TRAFFIC REGULATION

PART 1 — AMENDMENTS TO EXISTING ORDERS

PART 2 — CLEARWAYS

PART 3 — NO WAITING AT ANY TIME

PART 4 — LIMITED WAITING

PART 5 — PROHIBITED MOVEMENTS

PART 6 — ONE WAY STREET

SCHEDULE 10 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN SCHEDULE 11 — LAND IN WHICH NEW RIGHTS MAY BE CREATED

SCHEDULE 12 — MODIFICATIONS OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

SCHEDULE 13 — PROTECTIVE PROVISIONS

PART 1 — FOR PROTECTION OF RAILWAY INTERESTS

PART 2 — FOR THE PROTECTION OF HIGHWAYS ENGLAND

PART 3 — FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY

PART 4 — FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION LIMITED

PART 5 — FOR THE PROTECTION OF USERS OF THE GAILEY PARK ROUNDABOUT

PART 6 — FOR THE PROTECTION OF THE SI GROUP

PART 7 — FOR THE PROTECTION OF THE CANAL & RIVER TRUST

PART 8 — FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER

PART 9 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

PART 10 — FOR THE PROTECTION OF WATER AND SEWERAGE UNDERTAKERS

SCHEDULE 14 — MISCELLANEOUS CONTROLS

SCHEDULE 15 — CERTIFICATION DOCUMENTS

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 granting development consent.

The application was examined in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010( 3) by a single person appointed by the Secretary of State in accordance with Chapter 3 of Part 6 of the 2008 Act.

The single appointed person, having considered the representations made and not withdrawn and the application with the accompanying documents, in accordance with section 83 of the 2008 Act has reported 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, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 15, 17, 19, 20, 22 to 24, 26, 33 to 37 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 West Midlands Rail Freight Interchange Order 2020 and comes into force on 25th May 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 1973 Act” means the Land Compensation Act 1973( 6);

“the 1980 Act” means the Highways Act 1980( 7);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981( 8);

“the 1984 Act” means the Road Traffic Regulation Act 1984( 9);

“the 1990 Act” means the Town and Country Planning Act 1990( 10);

“the 1991 Act” means the New Roads and Street Works Act 1991( 11);

“the 2007 Regulations” means the Town and Country Planning (Control of Advertisements) (England) Regulations 2007( 12);

“the 2008 Act” means the Planning Act 2008( 13);

“the 2010 Regulations” means the Community Infrastructure Levy Regulations 2010( 14);

“the 2017 EIA Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017( 15);

“A5/A449 link road” means the new road to be constructed as part of the authorised development between the A5 trunk road and the A449 (Stafford Road) being Works No. 4;

“access and rights of way plans” means the plans of that description referred to in Schedule 15 (certification documents) and 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;

“apparatus” for the purposes of article 8 (street works) and article 37 (apparatus and rights of statutory undertakers in stopped up streets) has the same meaning as in Part 3 of the 1991 Act;

“authorised development” means the 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 and any works carried out under the requirements;

“book of reference” means the document of that description referred to in Schedule 15 and certified by the Secretary of State as the book of reference for the purposes of this Order;

“bridge plans” mean the plans of that description referred to in Schedule 15 and certified as the bridge plans by the Secretary of State for the purposes of this Order;

“bridges” means the bridges shown on the bridge plans;

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

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

“bus” has the same meaning as in Schedule 1 to the Traffic Signs Regulations and General Directions 2016( 16);

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

“commence” or “commencement” means the carrying out of a material operation, as defined in section 155 of the 2008 Act (when development begins), forming part of the authorised development unless the context indicates otherwise;

“cycle track” has the same meaning as in section 329(1)( 17) (further provisions as to interpretation) of the 1980 Act;

“electronic communications code” has the same meaning as in section 106 (application of the electronic communications code) of the Communications Act 2003( 18);

“electronic communications code network” means—

(a) so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Communications Act 2003; and

(b) an electronic communications network which the Secretary of State is providing or proposing to provide;

“environmental statement” means the document of that description referred to in Schedule 15 and certified by the Secretary of State as the environmental statement for the purposes of this Order;

“footpath” and “footway” have the same meaning as in the 1980 Act;

“future highway maintenance plans” means the...

To continue reading

REQUEST YOUR TRIAL