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The A1 Birtley to Coal House Development Consent Order 2021 in Wales

S.I. 2021/74 · Made 19 January 2021 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 May 2021.

Infrastructure Planning

Made 19th January 2021

Coming into force 9th February 2021

An application has been made to the Secretary of State under sections 37 of the Planning Act 2008 M1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M2 for an Order granting development consent.

The application was initially examined by a single appointed person and subsequently by a Panel of two members (“the Panel”) (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 M3.

The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74 of the 2008 Act, has submitted a report and recommendation to the Secretary of State.

F1The Secretary of State is satisfied in terms of section 131(4B) of the 2008 Act that (a) the order land forms part of an open space; (b) none of the order land is of any of the other descriptions in section 131(1) of the 2008 Act; and (c) the order land is being acquired for a temporary (although possibly long-lived) purpose.

The Secretary of State is further satisfied in terms of section 131(5) of the 2008 Act that (a) the order land is required in connection with the widening or drainage of an existing highway; and (b) the giving of other land in exchange for the order land is unnecessary.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 M4, 117, 120 , 122, 131 and 132 F2... of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5 M5 to, the 2008 Act, makes the following Order—

Annotations to the whole text

Textual amendments

F1

Words in Preamble inserted (1.5.2021) by The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.

F2

Words in Preamble omitted (1.5.2021) by virtue of The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.

Marginal citations

M1

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

M2

S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 S.I. 2013/755, S.I 2014/469, S.I. 2014/2381, S.I 2015/377, S.I. 2015/1682, S.I 2017/524, S.I 2017/572, S.I. 2018/378, and S.I. 2019/734.

M3

S.I. 2010/103, amended by S.I. 2012/635.

M4

Section 115 was amended by section 160 of the Housing and Planning Act 2016 (c. 22).

M5

Schedule 5 was amended by paragraph 71 of Schedule 13 of the Localism Act and sections 112(1) and 321 of, and paragraph 4 of Schedule 8 and Part 2 of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23).

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Maintenance of drainage works
  8. 6Planning permission
  9. 7Limits of deviation
  10. 8Benefit of the Order
  11. 9Consent to transfer benefit of the Order
  12. Part 3: STREETS
  13. 10Application of the 1991 Act
  14. 11Power to alter layout etc. of streets
  15. 12Street works
  16. 13Construction and maintenance of new, altered or diverted streets
  17. 14Classification of roads etc.
  18. 15Temporary stopping up and restriction of use of streets
  19. 16Permanent stopping up and restriction of use of streets, public rights of way and private means of access
  20. 17Access to works
  21. 18Modification of Road Traffic Regulation Orders
  22. 19Traffic regulation
  23. Part 4: SUPPLEMENTAL POWERS
  24. 20Discharge of water
  25. 21Protective work to buildings
  26. 22Authority to survey and investigate the land
  27. Part 5: POWERS OF ACQUISITION AND POSSESSION
  28. 23Compulsory acquisition of land
  29. 24Compulsory acquisition of land – incorporation of the mineral code
  30. 25Time limit for exercise of authority to acquire land compulsorily
  31. 26Compulsory acquisition of rights and restrictive covenants
  32. 27Private rights over land
  33. 28Modification of Part 1 of the 1965 Act
  34. 29Application of the 1981 Act
  35. 30Acquisition of subsoil or airspace only
  36. 31Rights under or over streets
  37. 32Temporary use of land for carrying out the authorised development
  38. 33Temporary use of land for maintaining the authorised development
  39. 34Statutory undertakers
  40. 35Apparatus and rights of statutory undertakers in stopped up streets
  41. 36Recovery of costs of new connections
  42. Part 6: OPERATIONS
  43. 37Felling or lopping of trees and removal of hedgerows
  44. 38Trees subject to tree preservation orders
  45. 39Scheduled Monuments
  46. Part 7: MISCELLANEOUS AND GENERAL
  47. 40Application of landlord and tenant law
  48. 41Operational land for purposes of the 1990 Act
  49. 42Defence to proceedings in respect of statutory nuisance
  50. 43Protection of interests
  51. 44Certification of documents, etc.
  52. 45Service of notices
  53. 46Arbitration
  54. Signature
  55. Schedule 1: AUTHORISED DEVELOPMENT
  56. In the Metropolitan Borough of Gateshead
  57. Paragraph
  58. Paragraph
  59. Paragraph
  60. Paragraph
  61. Paragraph
  62. Paragraph
  63. Paragraph
  64. Paragraph
  65. Paragraph
  66. Paragraph
  67. Paragraph
  68. Paragraph
  69. Paragraph
  70. Paragraph
  71. Paragraph
  72. Paragraph
  73. Paragraph
  74. Paragraph
  75. Paragraph
  76. Paragraph
  77. Paragraph
  78. Paragraph
  79. Paragraph
  80. Paragraph
  81. Paragraph
  82. Paragraph
  83. Paragraph
  84. Paragraph
  85. Paragraph
  86. Paragraph
  87. Paragraph
  88. Paragraph
  89. Paragraph
  90. Paragraph
  91. Paragraph
  92. Paragraph
  93. Schedule 2: REQUIREMENTS
  94. Part 1: REQUIREMENTS
  95. 1Interpretation
  96. 2Time limits
  97. 3Detailed design – general design requirements
  98. 4Construction and handover environmental management plans
  99. 5Landscaping
  100. 6Contaminated land and groundwater
  101. 7Protected species
  102. 8Surface and foul water drainage
  103. 9Archaeological remains
  104. 10Traffic management
  105. 11Amendments to approved details
  106. 12Design of North Dene Footbridge
  107. 13Fencing
  108. 14Allerdene bridge replacement
  109. 15Primary Design Mitigation
  110. 16Advance site clearance works
  111. 17Details of construction compound
  112. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  113. 18Applications made under requirements
  114. 19Further information
  115. 20Register of requirements
  116. 21Anticipatory steps towards compliance with any requirement
  117. Schedule 3: CLASSIFICATION OF ROADS ETC.
  118. 1TRUNK ROADS
  119. 2OTHER RIGHTS OF WAY
  120. Schedule 4: PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS
  121. 1STREETS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  122. 2PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  123. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  124. Schedule 5PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  125. Schedule 6LAND IN RESPECT OF WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  126. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  127. Part: Compensation enactments
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. 3Paragraph 3
  131. Part: Application of Part 1 of the 1965 Act
  132. 4Paragraph 4
  133. 5Paragraph 5
  134. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  135. Schedule 9TREES SUBJECT TO TREE PRESERVATION ORDER
  136. Schedule 10SCHEDULED MONUMENTS
  137. Schedule 11: PROTECTIVE PROVISIONS
  138. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  139. 1Paragraph 1
  140. 2Paragraph 2
  141. On street apparatus
  142. 3Paragraph 3
  143. Apparatus in stopped up streets
  144. 4Paragraph 4
  145. Protective works to buildings
  146. 5Paragraph 5
  147. Acquisition of land
  148. 6Paragraph 6
  149. Removal of apparatus
  150. 7Paragraph 7
  151. Facilities and rights for alternative apparatus
  152. 8Paragraph 8
  153. Retained apparatus
  154. 9Paragraph 9
  155. Expenses and costs
  156. 10Paragraph 10
  157. 11Paragraph 11
  158. Cooperation
  159. 12Paragraph 12
  160. 13Paragraph 13
  161. Part 2: FOR THE PROTECTION OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  162. 14Paragraph 14
  163. 15Paragraph 15
  164. 16Paragraph 16
  165. 17Paragraph 17
  166. Part 3: FOR THE PROTECTION OF RAILWAY INTERESTS
  167. 18Paragraph 18
  168. 19Paragraph 19
  169. 20Paragraph 20
  170. 21Paragraph 21
  171. 22Paragraph 22
  172. 23Paragraph 23
  173. 24Paragraph 24
  174. 25Paragraph 25
  175. 26Paragraph 26
  176. 27Paragraph 27
  177. 28Paragraph 28
  178. 29Paragraph 29
  179. 30Paragraph 30
  180. 31Paragraph 31
  181. 32Paragraph 32
  182. 33Paragraph 33
  183. 34Paragraph 34
  184. 35Paragraph 35
  185. 36Paragraph 36
  186. 37Paragraph 37
  187. 38Paragraph 38
  188. Part 4: FOR THE PROTECTION OF NORTHUMBRIAN WATER LIMITED
  189. 39Paragraph 39
  190. 40Paragraph 40
  191. On street apparatus
  192. 41Paragraph 41
  193. Apparatus in stopped up streets
  194. 42Paragraph 42
  195. Protective works to buildings
  196. 43Paragraph 43
  197. Acquisition of land
  198. 44Paragraph 44
  199. Removal of apparatus
  200. 45Paragraph 45
  201. Facilities and rights for alternative apparatus
  202. 46Paragraph 46
  203. Retained apparatus
  204. 47Paragraph 47
  205. Expenses and costs
  206. 48Paragraph 48
  207. Access
  208. 49Paragraph 49
  209. Co-operation
  210. 50Paragraph 50
  211. Schedule 12: DOCUMENTS TO BE CERTIFIED
  212. Paragraph
  213. Explanatory note