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The A30 Chiverton to Carland Cross Development Consent Order 2020

S.I. 2020/121 · Made 6 February 2020

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Infrastructure Planning

Made 6th February 2020

Coming into force 27th February 2020

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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Maintenance of drainage works
  5. 4Disapplication of legislation, etc.
  6. Part 2: PRINCIPAL POWERS
  7. 5Development consent etc. granted by the Order
  8. 6Maintenance of authorised development
  9. 7Planning permission
  10. 8Limits of deviation
  11. 9Benefit of Order
  12. 10Consent to transfer benefit of Order
  13. Part 3: STREETS
  14. 11Street works
  15. 12Application of the 1991 Act
  16. 13Construction and maintenance of new, altered or diverted streets and other structures
  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 and private means of access
  20. 17Access to works
  21. 18Clearways
  22. 19Traffic regulation
  23. Part 4: SUPPLEMENTAL POWERS
  24. 20Discharge of water
  25. 21Protective works to buildings
  26. 22Authority to survey and investigate the land
  27. Part 5: POWERS OF ACQUISITION
  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
  32. 27Public rights of way
  33. 28Private rights over land
  34. 29Modification of Part 1 of the 1965 Act
  35. 30Application of the 1981 Act
  36. 31Acquisition of subsoil or airspace only
  37. 32Rights under or over streets
  38. 33Temporary use of land for carrying out the authorised development
  39. 34Temporary use of land for maintaining the authorised development
  40. 35Statutory undertakers
  41. 36Apparatus and rights of statutory undertakers in stopped up streets
  42. 37Recovery of costs of new connections
  43. 38Special category land
  44. Part 6: OPERATIONS
  45. 39Felling or lopping of trees and removal of hedgerows
  46. 40Trees subject to tree preservation orders
  47. Part 7: MISCELLANEOUS AND GENERAL
  48. 41Application of landlord and tenant law
  49. 42Operational land for purposes of the 1990 Act
  50. 43Defence to proceedings in respect of statutory nuisance
  51. 44Protective provisions
  52. 45Certification of plans etc.
  53. 46Service of notices
  54. 47Arbitration
  55. Signature
  56. Schedule 1AUTHORISED DEVELOPMENT
  57. Schedule 2: REQUIREMENTS
  58. Part 1: REQUIREMENTS
  59. 1Interpretation
  60. 2Time limits
  61. 3Construction Environmental Management Plan
  62. 4Details of consultation
  63. 5Landscaping
  64. 6Implementation and maintenance of landscaping
  65. 7Fencing
  66. 8Land and groundwater contamination
  67. 9Archaeology
  68. 10Protected species
  69. 11Traffic management
  70. 12Detailed design
  71. 13Surface and foul water drainage
  72. 14Highway lighting
  73. 15Approvals and amendments to approved details
  74. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  75. 16Applications made under requirements
  76. 17Further information
  77. 18Register of requirements
  78. 19Anticipatory steps towards compliance with any requirement
  79. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  80. 1TRUNK ROADS
  81. 2ROADS TO BE DE-TRUNKED
  82. 3CLASSIFIED ROADS
  83. 4UNCLASSIFIED ROADS
  84. 5SPEED LIMITS
  85. 6TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  86. 7REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  87. 8PUBLIC RIGHTS OF WAY
  88. Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  89. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  90. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  91. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  92. 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
  93. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  94. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  95. Compensation enactments
  96. 1Paragraph 1
  97. 2Paragraph 2
  98. 3Paragraph 3
  99. Application of Part 1 of the 1965 Act
  100. 4Paragraph 4
  101. 5Paragraph 5
  102. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  103. Schedule 8TREES SUBJECT TO TREE PRESERVATION ORDERS
  104. Schedule 9: PROTECTIVE PROVISIONS
  105. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  106. 1Paragraph 1
  107. 2Paragraph 2
  108. On street apparatus
  109. 3Paragraph 3
  110. Apparatus in stopped up streets
  111. 4Paragraph 4
  112. Protective works to buildings
  113. 5Paragraph 5
  114. Acquisition of land
  115. 6Paragraph 6
  116. Removal of apparatus
  117. 7Paragraph 7
  118. Facilities and rights for alternative apparatus
  119. 8Paragraph 8
  120. Retained apparatus
  121. 9Paragraph 9
  122. Expenses and costs
  123. 10Paragraph 10
  124. 11Paragraph 11
  125. Cooperation
  126. 12Paragraph 12
  127. 13Paragraph 13
  128. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  129. 14Paragraph 14
  130. 15Paragraph 15
  131. 16Paragraph 16
  132. 17Paragraph 17
  133. 18Paragraph 18
  134. 19Paragraph 19
  135. Part 3: FOR THE PROTECTION OF SCOTTISHPOWER RENEWABLES
  136. Application
  137. 20Paragraph 20
  138. Interpretation
  139. 21Paragraph 21
  140. Construction Programme
  141. 22Paragraph 22
  142. Chiverton Junction
  143. 23Paragraph 23
  144. Chybucca Junction
  145. 24Paragraph 24
  146. Carland Cross Junction
  147. 25Paragraph 25
  148. Access during construction
  149. 26Paragraph 26
  150. Over-run areas
  151. 27Paragraph 27
  152. Permanent rights
  153. 28Paragraph 28
  154. Costs and expenses
  155. 29Paragraph 29
  156. 30Paragraph 30
  157. Arbitration
  158. 31Paragraph 31
  159. Schedule 10DOCUMENTS TO BE CERTIFIED
  160. Explanatory note