The A63 (Castle Street Improvement, Hull) Development Consent Order 2020
S.I. 2020/556 · Made 28 May 2020 · Extends to England and Wales
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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised development
- 5Maintenance of drainage works
- 6Limits of deviation
- 7Benefit of Order
- 8Consent to transfer benefit of Order
- Part 3: STREETS
- 9Application of the 1991 Act
- 10Construction and maintenance of new, altered or diverted streets and other structures
- 11Classification of roads, etc.
- 12Temporary stopping up and restriction of use of streets
- 13Permanent stopping up and restriction of use of streets and private means of access
- 14Access to works
- 15Clearways
- 16Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 17Discharge of water
- 18Protective work to buildings
- 19Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION AND POSSESSION
- 20Compulsory acquisition of land
- 21Compulsory acquisition of land – incorporation of the mineral code
- 22Time limit for exercise of authority to acquire land compulsorily
- 23Compulsory acquisition of rights and restrictive covenants
- 24Private rights over land
- 25Modification of Part 1 of the 1965 Act
- 26Application of the 1981 Act
- 27Acquisition of subsoil or airspace only
- 28Rights under or over streets
- 29Temporary use of land for carrying out the authorised development
- 30Temporary use of land for maintaining the authorised development
- 31Statutory undertakers
- 32Apparatus and rights of statutory undertakers in stopped up streets
- 33Recovery of costs of new connections
- 34Special category land
- Part 6: OPERATIONS
- 35Felling or lopping of trees and removal of hedgerows
- Part 7: MISCELLANEOUS AND GENERAL
- 36Removal of human remains
- 37Application of landlord and tenant law
- 38Operational land for purposes of the 1990 Act
- 39Defence to proceedings in respect of statutory nuisance
- 40Protection of interests
- 41Certification of documents, etc.
- 42Service of notices
- 43Arbitration
- 44Crown rights
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
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- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Detailed design
- 4Construction and handover environmental management plan
- 5Landscaping
- 6Contaminated land and groundwater
- 7Protected species
- 8Surface and foul water drainage
- 9Archaeological remains
- 10Traffic management
- 11Amendments to approved details
- 12Fencing and barriers
- 13Pumping station
- 14Earl de Grey public house
- 15Replacement green space
- 16Beverley Gate Scheduled Monument
- 17High Street underpass works
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 18Applications made under requirements
- 19Further information
- 20Register of requirements
- 21Anticipatory steps towards compliance with any requirement
- Schedule 3: CLASSIFICATION OF ROADS, ETC.
- 1TRUNK ROADS
- 2OTHER ROAD CLASSIFICATIONS
- 3ROADS SUBJECT TO 30 MILES PER HOUR LIMIT
- 4ROADS SUBJECT TO 40 MILES PER HOUR LIMIT
- 5ROAD SUBJECT TO ONE WAY RESTRICTIONS
- 6ROADS SUBJECT TO TWO WAY TRAFFIC
- 7ROADS SUBJECT TO PROHIBITION OF PARKING – NO WAITING OR LOADING AT ANY TIME
- 8CYCLE TRACKS AND FOOTWAYS
- 9PRIVATE MEANS OF ACCESS
- 10PUBLIC RIGHTS OF WAY
- 11UNCONTROLLED CROSSING
- Schedule 4: PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS
- 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 3PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 4PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS 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
- Part: Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part: Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE 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
- Schedule 9DOCUMENTS TO BE CERTIFIED
- Explanatory note