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The A585 Windy Harbour to Skippool Highway Development Consent Order 2020

S.I. 2020/402 · Made 9 April 2020

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Infrastructure Planning

Made 9th April 2020

Coming into force 30th April 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.

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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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, 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 to 23, 26, 30A, 30B, 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. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Maintenance of drainage works
  8. 6Limits of deviation
  9. 7Benefit of Order
  10. 8Consent to transfer benefit of Order
  11. Part 3: STREETS
  12. 9Application of the 1991 Act
  13. 10Construction and maintenance of new, altered or diverted streets
  14. 11Classification of roads etc.
  15. 12Temporary stopping up and restriction of use of streets
  16. 13Permanent stopping up and restriction of use of streets and private means of access
  17. 14Access to works
  18. 15Clearways
  19. 16Traffic regulation
  20. Part 4: SUPPLEMENTAL POWERS
  21. 17Discharge of water
  22. 18Protective work to buildings
  23. 19Authority to survey and investigate the land
  24. Part 5: POWERS OF ACQUISITION AND POSSESSION
  25. 20Compulsory acquisition of land
  26. 21Compulsory acquisition of land – incorporation of the mineral code
  27. 22Time limit for exercise of authority to acquire land compulsorily
  28. 23Compulsory acquisition of rights and restrictive covenants
  29. 24Private rights over land
  30. 25Modification of Part 1 of the 1965 Act
  31. 26Application of the 1981 Act
  32. 27Acquisition of subsoil or airspace only
  33. 28Rights under or over streets
  34. 29Temporary use of land for carrying out the authorised development
  35. 30Temporary use of land for maintaining the authorised development
  36. 31Statutory undertakers
  37. 32Apparatus and rights of statutory undertakers in stopped up streets
  38. 33Recovery of costs of new connections
  39. Part 6: OPERATIONS
  40. 34Felling or lopping of trees and removal of hedgerows
  41. Part 7: MISCELLANEOUS AND GENERAL
  42. 35Deemed Marine Licence
  43. 36Application of landlord and tenant law
  44. 37Trees subject to tree preservation orders
  45. 38Operational land for purposes of the 1990 Act
  46. 39Defence to proceedings in respect of statutory nuisance
  47. 40Protection of interests
  48. 41Certification of documents, etc.
  49. 42Service of notices
  50. 43Arbitration
  51. 44Crown rights
  52. Signature
  53. Schedule 1AUTHORISED DEVELOPMENT
  54. Schedule 2: REQUIREMENTS
  55. Part 1: REQUIREMENTS
  56. Interpretation
  57. 1Paragraph 1
  58. Time limits
  59. 2Paragraph 2
  60. Detailed design
  61. 3Paragraph 3
  62. Construction and handover environmental management plans
  63. 4Paragraph 4
  64. Landscaping
  65. 5Paragraph 5
  66. Contaminated land and groundwater
  67. 6Paragraph 6
  68. Protected species
  69. 7Paragraph 7
  70. Surface and foul water drainage
  71. 8Paragraph 8
  72. Archaeological remains
  73. 9Paragraph 9
  74. Traffic management
  75. 10Paragraph 10
  76. Amendments to approved details
  77. 11Paragraph 11
  78. Fencing
  79. 12Paragraph 12
  80. Details of consultation
  81. 13Paragraph 13
  82. Temporary compensatory flood storage system
  83. 14Paragraph 14
  84. Soil survey and mitigation plan
  85. 15Paragraph 15
  86. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  87. Applications made under requirements
  88. 16Paragraph 16
  89. Further information
  90. 17Paragraph 17
  91. Register of requirements
  92. 18Paragraph 18
  93. Anticipatory steps towards compliance with any requirement
  94. 19Paragraph 19
  95. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  96. 1TRUNK ROADS
  97. 2CLASSIFIED ROADS
  98. 3UNCLASSIFIED ROADS
  99. 4OTHER PUBLIC RIGHTS OF WAY
  100. 5ROADS TO BE DE-TRUNKED
  101. 6SPEED LIMITS
  102. 7REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  103. 8NEW TRAFFIC REGULATION ORDERS SOUGHT
  104. Schedule 4: PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS
  105. 1PUBLIC RIGHTS OF WAY OR HIGHWAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  106. 2PUBLIC RIGHTS OF WAY OR HIGHWAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  107. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  108. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  109. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  110. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  111. Compensation enactments
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. Application of Part 1 of the 1965 Act
  116. 4Paragraph 4
  117. 5Paragraph 5
  118. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  119. Schedule 8: DEEMED MARINE LICENCE
  120. 1INTRODUCTORY
  121. Part 2: LICENSED ACTIVITIES
  122. 3Paragraph 3
  123. 4Paragraph 4
  124. Part 3: ENFORCEMENT
  125. 5Paragraph 5
  126. Part 4: CONDITIONS
  127. 6Paragraph 6
  128. 7Paragraph 7
  129. 8Paragraph 8
  130. 9Paragraph 9
  131. 10Paragraph 10
  132. 11Paragraph 11
  133. 12Paragraph 12
  134. 13Paragraph 13
  135. 14Paragraph 14
  136. 15Paragraph 15
  137. 16Paragraph 16
  138. 17Paragraph 17
  139. 18Paragraph 18
  140. Schedule 9: HEDGEROWS AND TREES
  141. 1HEDGEROWS
  142. 2TREES SUBJECT TO TREE PRESERVATION ORDERS
  143. Schedule 10: PROTECTIVE PROVISIONS
  144. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  145. 1Paragraph 1
  146. 2Paragraph 2
  147. On street apparatus
  148. 3Paragraph 3
  149. Apparatus in stopped up streets
  150. 4Paragraph 4
  151. Protective works to buildings
  152. 5Paragraph 5
  153. Acquisition of land
  154. 6Paragraph 6
  155. Removal of apparatus
  156. 7Paragraph 7
  157. Facilities and rights for alternative apparatus
  158. 8Paragraph 8
  159. Retained apparatus
  160. 9Paragraph 9
  161. Expenses and costs
  162. 10Paragraph 10
  163. 11Paragraph 11
  164. Cooperation
  165. 12Paragraph 12
  166. 13Paragraph 13
  167. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  168. 14Paragraph 14
  169. 15Paragraph 15
  170. 16Paragraph 16
  171. 17Paragraph 17
  172. Part 3: FOR THE PROTECTION OF CADENT GAS LTD AS GAS UNDERTAKER
  173. 18Application
  174. 19Interpretation
  175. 20On Street Apparatus
  176. 21Apparatus of Cadent in stopped up streets
  177. 22Protective works to buildings
  178. 23Acquisition of land
  179. 24Removal of apparatus
  180. 25Facilities and rights for alternative apparatus
  181. 26Retained apparatus: protection of Cadent
  182. 27Expenses
  183. 28Indemnity
  184. 29Enactments and agreements
  185. 30Co-operation
  186. 31Access
  187. 32Arbitration
  188. 33Notices
  189. Schedule 11DOCUMENTS TO BE CERTIFIED
  190. Explanatory note