The A30 Chiverton to Carland Cross Development Consent Order 2020
S.I. 2020/121 · Made 6 February 2020
Infrastructure Planning
Made 6th February 2020
Coming into force 27th February 2020
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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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 changes to the proposals comprised in the application.
The Secretary of State is satisfied that replacement land has been or will be given in exchange for the special category land (as defined in article 38(4) of this Order) and the replacement land (as defined in that article) has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the special category land, and that, accordingly, section 131(4) of the 2008 Act applies.
The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120, 122 and 123 of, and paragraphs 1 to 4, 10 to 17, 19 to 23, 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. 2014/469, 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.
- f3
-
S.I. 2010/103, amended by S.I. 2012/635.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Maintenance of drainage works
- 4Disapplication of legislation, etc.
- Part 2: PRINCIPAL POWERS
- 5Development consent etc. granted by the Order
- 6Maintenance of authorised development
- 7Planning permission
- 8Limits of deviation
- 9Benefit of Order
- 10Consent to transfer benefit of Order
- Part 3: STREETS
- 11Street works
- 12Application of the 1991 Act
- 13Construction and maintenance of new, altered or diverted streets and other structures
- 14Classification of roads, etc.
- 15Temporary stopping up and restriction of use of streets
- 16Permanent stopping up and restriction of use of streets and private means of access
- 17Access to works
- 18Clearways
- 19Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 20Discharge of water
- 21Protective works to buildings
- 22Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 23Compulsory acquisition of land
- 24Compulsory acquisition of land – incorporation of the mineral code
- 25Time limit for exercise of authority to acquire land compulsorily
- 26Compulsory acquisition of rights
- 27Public rights of way
- 28Private rights over land
- 29Modification of Part 1 of the 1965 Act
- 30Application of the 1981 Act
- 31Acquisition of subsoil or airspace only
- 32Rights under or over streets
- 33Temporary use of land for carrying out the authorised development
- 34Temporary use of land for maintaining the authorised development
- 35Statutory undertakers
- 36Apparatus and rights of statutory undertakers in stopped up streets
- 37Recovery of costs of new connections
- 38Special category land
- Part 6: OPERATIONS
- 39Felling or lopping of trees and removal of hedgerows
- 40Trees subject to tree preservation orders
- Part 7: MISCELLANEOUS AND GENERAL
- 41Application of landlord and tenant law
- 42Operational land for purposes of the 1990 Act
- 43Defence to proceedings in respect of statutory nuisance
- 44Protective provisions
- 45Certification of plans etc.
- 46Service of notices
- 47Arbitration
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Construction Environmental Management Plan
- 4Details of consultation
- 5Landscaping
- 6Implementation and maintenance of landscaping
- 7Fencing
- 8Land and groundwater contamination
- 9Archaeology
- 10Protected species
- 11Traffic management
- 12Detailed design
- 13Surface and foul water drainage
- 14Highway lighting
- 15Approvals and amendments to approved details
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 16Applications made under requirements
- 17Further information
- 18Register of requirements
- 19Anticipatory steps towards compliance with any requirement
- Schedule 3: CLASSIFICATION OF ROADS, ETC.
- 1TRUNK ROADS
- 2ROADS TO BE DE-TRUNKED
- 3CLASSIFIED ROADS
- 4UNCLASSIFIED ROADS
- 5SPEED LIMITS
- 6TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
- 7REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
- 8PUBLIC RIGHTS OF WAY
- Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
- 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
- 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED
- Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- On street apparatus
- 3Paragraph 3
- Apparatus in stopped up streets
- 4Paragraph 4
- Protective works to buildings
- 5Paragraph 5
- Acquisition of land
- 6Paragraph 6
- Removal of apparatus
- 7Paragraph 7
- Facilities and rights for alternative apparatus
- 8Paragraph 8
- Retained apparatus
- 9Paragraph 9
- Expenses and costs
- 10Paragraph 10
- 11Paragraph 11
- Cooperation
- 12Paragraph 12
- 13Paragraph 13
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Part 3: FOR THE PROTECTION OF SCOTTISHPOWER RENEWABLES
- Application
- 20Paragraph 20
- Interpretation
- 21Paragraph 21
- Construction Programme
- 22Paragraph 22
- Chiverton Junction
- 23Paragraph 23
- Chybucca Junction
- 24Paragraph 24
- Carland Cross Junction
- 25Paragraph 25
- Access during construction
- 26Paragraph 26
- Over-run areas
- 27Paragraph 27
- Permanent rights
- 28Paragraph 28
- Costs and expenses
- 29Paragraph 29
- 30Paragraph 30
- Arbitration
- 31Paragraph 31
- Schedule 10DOCUMENTS TO BE CERTIFIED
- Explanatory note