OpenLegislation

The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016

S.I. 2016/73 · Made 28 January 2016 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Infrastructure Planning

Made 28th January 2016

Coming into force 18th February 2016

An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 for an Order granting development consent.

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 2010f3.

The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has determined to make an Order granting development consent for the development described in the application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, 21, 22, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

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

f2

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. 2014/2381, S.I. 2015/377; modified by S.I. 2012/1659.

f3

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

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. 5Limits of deviation
  8. 6Benefit of Order
  9. 7Consent to transfer benefit of Order
  10. Part 3: STREETS
  11. 8Application of the 1991 Act
  12. 9Construction and maintenance of new, altered or diverted streets
  13. 10Classification of roads etc.
  14. 11Temporary stopping up and restriction of use of streets
  15. 12Permanent stopping up and restriction of use of streets
  16. 13Access to works
  17. 14Clearways
  18. Part 4: SUPPLEMENTAL POWERS
  19. 15Discharge of water
  20. 16Protective work to buildings
  21. 17Authority to survey and investigate the land
  22. Part 5: POWERS OF ACQUISITION
  23. 18Compulsory acquisition of land
  24. 19Compulsory acquisition of land – incorporation of the mineral code
  25. 20Time limit for exercise of authority to acquire land compulsorily
  26. 21Compulsory acquisition of rights
  27. 22Private rights over land
  28. 23Application of the 1981 Act
  29. 24Acquisition of subsoil or airspace only
  30. 25Acquisition of part of certain properties
  31. 26Rights under or over streets
  32. 27Temporary use of land for carrying out the authorised development
  33. 28Temporary use of land for maintaining the authorised development
  34. 29Statutory undertakers
  35. 30Apparatus and rights of statutory undertakers in stopped up streets
  36. 31Recovery of costs of new connections
  37. Part 6: OPERATIONS
  38. 32Felling or lopping of trees
  39. Part 7: MISCELLANEOUS AND GENERAL
  40. 33Application of landlord and tenant law
  41. 34Operational land for purposes of the 1990 Act
  42. 35Defence to proceedings in respect of statutory nuisance
  43. 36Protection of interests
  44. 37Crown rights
  45. 38Certification of plans, etc.
  46. 39Service of notices
  47. 40Arbitration
  48. 41Traffic regulation
  49. 42Provision as to approvals etc. under Schedule 2
  50. Signature
  51. Schedule 1AUTHORISED DEVELOPMENT
  52. Schedule 2: REQUIREMENTS
  53. 1Interpretation
  54. 2Time limits
  55. 3Construction Environmental Management Plan
  56. 4Landscaping
  57. 5Implementation and maintenance of landscaping
  58. 6Fencing
  59. 7Contaminated land and groundwater
  60. 8Archaeology
  61. 9Ecological management plan
  62. 10Traffic Management
  63. 11Detailed design
  64. 12Surface and foul water drainage
  65. 13Approvals and amendments to approved details
  66. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  67. 1TRUNK ROADS
  68. 2ROADS SUBJECT TO 50 MILES PER HOUR LIMIT
  69. 3CYCLE TRACKS AND FOOTWAYS
  70. Schedule 4: PERMANENT STOPPING UP OF STREETS
  71. STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  72. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  73. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  74. 1Compensation enactments
  75. 2Compensation enactments
  76. 3Application of the 1965 Act
  77. 4Application of the 1965 Act
  78. 5Application of the 1965 Act
  79. 6Application of the 1965 Act
  80. 7Application of the 1965 Act
  81. 8Application of the 1965 Act
  82. 9Application of the 1965 Act
  83. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  84. Schedule 8: PROTECTIVE PROVISIONS
  85. Part 1: FOR THE PROTECTION OF ELECTRICITY, WATER AND SEWERAGE UNDERTAKERS
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. 3On street apparatus
  89. 4Apparatus in stopped up streets
  90. 5Protective works to buildings
  91. 6Acquisition of land
  92. 7Removal of apparatus
  93. 8Facilities and rights for alternative apparatus
  94. 9Retained apparatus
  95. 10Expenses and costs
  96. 11Expenses and costs
  97. 12Cooperation
  98. 13Cooperation
  99. Part 2: FOR THE PROTECTION OF NORTHERN GAS NETWORKS LIMITED
  100. 14Application
  101. 15Interpretation
  102. 16Interpretation
  103. 17Apparatus of utility undertaker in stopped up streets
  104. 18Acquisition of land
  105. 19Removal or diversion of apparatus
  106. 20Facilities and rights for alternative apparatus
  107. 21Retained apparatus: protection
  108. 22Expenses
  109. 23Indemnity
  110. 24Enactments and agreements
  111. 25Co-operation
  112. 26Access
  113. 27Arbitration
  114. 28Works falling outside of development authorised by the Order
  115. Part 3: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  116. 29Paragraph 29
  117. 30Paragraph 30
  118. 31Paragraph 31
  119. 32Paragraph 32
  120. Explanatory note