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The A63 (Castle Street Improvement, Hull) Development Consent Order 2020

S.I. 2020/556 · Made 28 May 2020 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 29 October 2020.

Infrastructure Planning

Made 28th May 2020

Coming into force 18th June 2020

An application has been made to the Secretary of State under section 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.

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 2010 M3.

The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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.

In accordance with section 131(4) of the 2008 Act, the Secretary of State is satisfied, having considered the report and recommendation of the single appointed person, that replacement land has been or will be given in exchange for the open space land comprised within the Order land which is subject to compulsory acquisition under this Order, and that the replacement land has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the open space land comprised within the Order land.

In accordance with section 132(3) of the 2008 Act, the Secretary of State is satisfied, having considered the report and recommendation of the single appointed person, that where this Order authorises the compulsory acquisition of a right over the open space land comprised within the Order land then that open space land, when burdened within the right, will be no less advantageous than it was before to the persons in who it is vested, other persons, if any, entitled to rights of common or other rights, and the public.

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, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

Annotations to the whole text

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.

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 and other structures
  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. 34Special category land
  40. Part 6: OPERATIONS
  41. 35Felling or lopping of trees and removal of hedgerows
  42. Part 7: MISCELLANEOUS AND GENERAL
  43. 36Removal of human remains
  44. 37Application of landlord and tenant law
  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 1: AUTHORISED DEVELOPMENT
  54. Paragraph
  55. Paragraph
  56. Paragraph
  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. Paragraph
  94. Paragraph
  95. Paragraph
  96. Paragraph
  97. Paragraph
  98. Paragraph
  99. Paragraph
  100. Paragraph
  101. Paragraph
  102. Paragraph
  103. Paragraph
  104. Paragraph
  105. Paragraph
  106. Schedule 2: REQUIREMENTS
  107. Part 1: REQUIREMENTS
  108. 1Interpretation
  109. 2Time limits
  110. 3Detailed design
  111. 4Construction and handover environmental management plan
  112. 5Landscaping
  113. 6Contaminated land and groundwater
  114. 7Protected species
  115. 8Surface and foul water drainage
  116. 9Archaeological remains
  117. 10Traffic management
  118. 11Amendments to approved details
  119. 12Fencing and barriers
  120. 13Pumping station
  121. 14Earl de Grey public house
  122. 15Replacement green space
  123. 16Beverley Gate Scheduled Monument
  124. 17High Street underpass works
  125. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  126. 18Applications made under requirements
  127. 19Further information
  128. 20Register of requirements
  129. 21Anticipatory steps towards compliance with any requirement
  130. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  131. 1TRUNK ROADS
  132. 2OTHER ROAD CLASSIFICATIONS
  133. 3ROADS SUBJECT TO 30 MILES PER HOUR LIMIT
  134. 4ROADS SUBJECT TO 40 MILES PER HOUR LIMIT
  135. 5ROAD SUBJECT TO ONE WAY RESTRICTIONS
  136. 6ROADS SUBJECT TO TWO WAY TRAFFIC
  137. 7ROADS SUBJECT TO PROHIBITION OF PARKING – NO WAITING OR LOADING AT ANY TIME
  138. 8CYCLE TRACKS AND FOOTWAYS
  139. 9PRIVATE MEANS OF ACCESS
  140. 10PUBLIC RIGHTS OF WAY
  141. 11UNCONTROLLED CROSSING
  142. Schedule 4: PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS
  143. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  144. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  145. 3PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  146. 4PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  147. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  148. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  149. Part: Compensation enactments
  150. 1Paragraph 1
  151. 2Paragraph 2
  152. 3Paragraph 3
  153. Part: Application of Part 1 of the 1965 Act
  154. 4Paragraph 4
  155. 5Paragraph 5
  156. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  157. Schedule 8: PROTECTIVE PROVISIONS
  158. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  159. 1Paragraph 1
  160. 2Paragraph 2
  161. On street apparatus
  162. 3Paragraph 3
  163. Apparatus in stopped up streets
  164. 4Paragraph 4
  165. Protective works to buildings
  166. 5Paragraph 5
  167. Acquisition of land
  168. 6Paragraph 6
  169. Removal of apparatus
  170. 7Paragraph 7
  171. Facilities and rights for alternative apparatus
  172. 8Paragraph 8
  173. Retained apparatus
  174. 9Paragraph 9
  175. Expenses and costs
  176. 10Paragraph 10
  177. 11Paragraph 11
  178. Cooperation
  179. 12Paragraph 12
  180. 13Paragraph 13
  181. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  182. 14Paragraph 14
  183. 15Paragraph 15
  184. 16Paragraph 16
  185. 17Paragraph 17
  186. Schedule 9DOCUMENTS TO BE CERTIFIED
  187. Explanatory note