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The Daventry International Rail Freight Interchange Alteration Order 2014

S.I. 2014/1796 · Made 3 July 2014 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2017.

Infrastructure Planning

Made 3rd July 2014

Coming into force 24th July 2014

An application has been made to the Secretary of State, in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1, for an order under sections 37, 114, 115, 117(4), 120 and 122 of the Planning Act 2008f2.

The application was examined in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010f3, by a single appointed person appointed by the Secretary of State in accordance with Chapter 3 of Part 6 of the 2008 Act.

The single appointed person, having considered the representations made and not withdrawn and the application together with accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application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

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 122 of, and paragraphs 1 to 3, 10 to 18, 33, 34, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

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 and S.I. 2013/755.

f2

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

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 granted by the Order
  6. 4Parameters of authorised development
  7. 5Authorisation of use
  8. 6Maintenance of authorised development
  9. 7Benefit of Order
  10. 8Application and modification of legislative provisions
  11. 9Defence to proceedings in respect of statutory nuisance
  12. Part 3: Streets
  13. 10Power to alter layout, etc., of streets
  14. 11Street works
  15. 12Stopping up of streets
  16. 13Public rights of way – diversion and stopping up
  17. 14Temporary stopping up of streets
  18. 15Access
  19. 16Agreements with highway authorities
  20. Part 4: Supplemental powers
  21. 17Discharge of water
  22. 18Authority to survey and investigate the land
  23. Part 5: Powers of acquisition
  24. 19Compulsory acquisition of rights
  25. 20Time limit for exercise of authority to acquire rights compulsorily
  26. 21Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  27. 22Rights under or over streets
  28. 23Apparatus and rights of statutory undertakers in stopped up streets
  29. Part 6: Miscellaneous and general
  30. 24Operation and use of railways
  31. 25Charges
  32. 26Felling or lopping of trees
  33. 27Protection of interests
  34. 28Certification of plans etc.
  35. 29Service of notices
  36. 30Arbitration
  37. Signature
  38. Schedule 1: AUTHORISED DEVELOPMENT
  39. 1ALTERATION OF THE EXISTING DAVENTRY INTERNATIONAL RAIL FREIGHT INTERCHANGE
  40. 2ASSOCIATED DEVELOPMENT
  41. Schedule 2: REQUIREMENTS
  42. 1Interpretation
  43. 2Time Limit
  44. 3Phases of development
  45. 4Design and phasing of access and highways works
  46. 5Design and phasing of access and highways works
  47. 6Detailed design approval
  48. 7Detailed design approval
  49. 8Provision of Landscaping
  50. 9Implementation and maintenance of landscaping
  51. 10Ecological Management Plan
  52. 11M1 boundary slopes
  53. 12Fencing and other means of enclosure
  54. 13Construction Environmental Management Plan
  55. 14Earthworks
  56. 15Archaeology
  57. 16Lighting Details
  58. 17Building Sustainability
  59. 18Lorry Park
  60. 19Flood Risk and Surface Water Drainage
  61. 20Flood Risk and Surface Water Drainage
  62. 21Flood Risk and Surface Water Drainage
  63. 22Flood Risk and Surface Water Drainage
  64. 23Flood Risk and Surface Water Drainage
  65. 24Flood Risk and Surface Water Drainage
  66. 25Flood Risk and Surface Water Drainage
  67. 26Foul Water Drainage
  68. 27Construction Hours
  69. 28Construction Noise
  70. 29Construction Vibration
  71. 30Noise during the Operational Phase
  72. 31Monitoring of Complaints
  73. 32Contamination Risk
  74. 33Contamination Risk
  75. Schedule 3STREETS SUBJECT TO STREET WORKS
  76. Schedule 4: STREETS TO BE PERMANENTLY STOPPED UP
  77. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  78. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  79. Schedule 5: PUBLIC RIGHTS OF WAY TO BE STOPPED UP
  80. 1PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP
  81. 2PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP
  82. Schedule 6: PROTECTIVE PROVISIONS
  83. 1Application
  84. 2Interpretation
  85. 3Acquisition of land
  86. 4Removal of apparatus
  87. 5Facilities and rights for alternative apparatus
  88. 6Retained apparatus
  89. 7Expenses
  90. 8Indemnity
  91. 9Ground subsidence monitoring scheme in respect of National Grid’s apparatus
  92. 10Enactments and agreements
  93. 11Co-operation
  94. 12Access
  95. 13Arbitration
  96. Explanatory note