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The East Midlands Gateway Rail Freight Interchange and Highway Order 2016

S.I. 2016/17 · Made 12 January 2016 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Infrastructure Planning

Made 12th January 2016

Coming into force 2nd February 2016

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 in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3 by a Panel appointed by the Secretary of State in accordance with Chapter 2 of Part 6 of the 2008 Act.

The Panel, having considered the representations made and not withdrawn and the application with the accompanying documents, in accordance with section 83 of the 2008 Act has reported to the Secretary of State.

The Secretary of State having considered the representations made and not withdrawn and the report of the Panel has decided to make an Order granting development consent for the development described in the application with modifications which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, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 21, 23, 24, 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

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 and S.I. 2013/522.

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. Part 3: STREETS
  12. 9Power to alter layout, etc., of streets
  13. 10Highway works
  14. 11Stopping up of streets
  15. 12Public rights of way – creation, diversion and stopping up
  16. 13Temporary stopping up of streets
  17. 14Accesses
  18. 15Maintenance of highway works
  19. 16Classification of roads
  20. 17Speed limits
  21. 18Amendments to traffic regulation orders
  22. 19Clearways and no waiting
  23. 20Motor vehicle restrictions
  24. 21Agreements with highway authorities
  25. Part 4: SUPPLEMENTAL POWERS
  26. 22Discharge of water
  27. 23Authority to survey and investigate the land
  28. Part 5: POWERS OF ACQUISITION
  29. 24Guarantees in respect of payment of compensation
  30. 25Compulsory acquisition of land and rights
  31. 26Power to override easements and other rights
  32. 27Compulsory acquisition of land – incorporation of the mineral code
  33. 28Time limit for exercise of authority to acquire land and rights compulsorily
  34. 29Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  35. 30Rights under or over streets
  36. 31Temporary use of land for carrying out the authorised development
  37. 32Apparatus and rights of statutory undertakers in stopped up streets
  38. Part 6: MISCELLANEOUS AND GENERAL
  39. 33Operation and use of railways
  40. 34Operational land for the purposes of the 1990 Act
  41. 35Charges
  42. 36Defence to proceedings in respect of statutory nuisance
  43. 37Felling or lopping of trees
  44. 38Protection of interests
  45. 39Certification of plans etc.
  46. 40Service of notices
  47. 41Arbitration
  48. 42Governance of requirements and protection of interests relating to highway works
  49. Signature
  50. Schedule 1: AUTHORISED DEVELOPMENT
  51. 1NSIP 1: THE CONSTRUCTION OF A RAIL FREIGHT INTERCHANGE
  52. 2NSIP 2: THE CONSTRUCTION OF A NEW HIGHWAY
  53. 3NSIP 3: THE ALTERATION OF EXISTING HIGHWAYS
  54. 4ASSOCIATED DEVELOPMENT
  55. Schedule 2: REQUIREMENTS
  56. 1Time limit
  57. 2Phases of development
  58. 3Sustainable transport
  59. 4Design and phasing of highways works
  60. 5Design and phasing of highways works
  61. 6Detailed design approval
  62. 7Detailed design approval
  63. 8Provision of landscaping and ecological mitigation
  64. 9Implementation and maintenance of landscaping
  65. 10Ecological Management Plan
  66. 11Construction Environmental Management Plan
  67. 12Earthworks
  68. 13Archaeology
  69. 14Lighting details
  70. 15Building sustainability
  71. 16Flood risk and surface water drainage
  72. 17Flood risk and surface water drainage
  73. 18Flood risk and surface water drainage
  74. 19Foul water drainage
  75. 20Construction hours
  76. 21Construction noise
  77. 22Noise during the operational phase
  78. 23Monitoring of complaints
  79. 24Contamination risk
  80. 25Contamination risk
  81. 26Waste management during the operational phase
  82. Schedule 3STREETS SUBJECT TO HIGHWAY WORKS
  83. Schedule 4: STREETS TO BE PERMANENTLY STOPPED UP
  84. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  85. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  86. Schedule 5: PUBLIC RIGHTS OF WAY TO BE STOPPED UP
  87. 1PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  88. 2PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  89. 3NEW PUBLIC RIGHTS OF WAY TO BE CREATED
  90. Schedule 6: PRIVATE MEANS OF ACCESS
  91. 1PRIVATE MEANS OF ACCESS TO BE REPLACED
  92. 2PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  93. 3NEW PRIVATE MEANS OF ACCESS CREATED
  94. Schedule 7: CLASSIFICATION OF ROADS
  95. 1NEW AND DIVERTED ROADS
  96. 2EXISTING ROADS
  97. Schedule 8: SPEED LIMITS
  98. 1EXISTING ORDERS
  99. 2ROADS SUBJECT TO 30MPH SPEED LIMIT
  100. 3ROADS SUBJECT TO 50MPH SPEED LIMIT
  101. Schedule 9AMENDMENTS TO EXISTING ORDERS
  102. Schedule 10: CLEARWAYS AND NO WAITING
  103. 1CLEARWAYS
  104. 2NO WAITING AT ANY TIME
  105. Schedule 11: MOTOR VEHICLE RESTRICTIONS
  106. 1MOTOR VEHICLE ACCESS ONLY RESTRICTIONS
  107. 2ONE WAY STREETS
  108. 3PROHIBITION OF ENTRY TO ABNORMAL LOADS LAYBY
  109. 4BUSES AND CYCLISTS ONLY
  110. Schedule 12LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  111. Schedule 13LAND TO WHICH POWERS TO EXTINGUISH RIGHTS DO NOT APPLY
  112. Schedule 14: MODIFICATIONS OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  113. Compensation enactments
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. Application of the 1965 Act
  117. 3Paragraph 3
  118. 4Paragraph 4
  119. 5Paragraph 5
  120. 6Paragraph 6
  121. 7Paragraph 7
  122. 8Paragraph 8
  123. 9Paragraph 9
  124. Schedule 15: FOR THE PROTECTION OF NATIONAL GRID
  125. 1Application
  126. 2Interpretation
  127. 3Interpretation
  128. 4Apparatus of National Grid in stopped up streets
  129. 5Acquisition of land
  130. 6Removal of apparatus
  131. 7Facilities and rights for alternative apparatus
  132. 8Retained apparatus: protection for gas undertakers
  133. 9Retained apparatus: protection for electricity undertakers
  134. 10Expenses
  135. 11Indemnity
  136. 12Ground subsidence monitoring scheme in respect of National Grid’s apparatus
  137. 13Enactments and agreements
  138. 14Co-operation
  139. 15Access
  140. 16Arbitration
  141. Schedule 16: FOR THE PROTECTION OF THE AIRPORT OPERATOR
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. 4Paragraph 4
  146. 5Paragraph 5
  147. 6Paragraph 6
  148. Schedule 17FOR THE PROTECTION OF SEVERN TRENT WATER LIMITED
  149. Schedule 18: FOR THE PROTECTION OF NETWORK RAIL
  150. 1Paragraph 1
  151. 2Paragraph 2
  152. 3Paragraph 3
  153. 4Paragraph 4
  154. 5Paragraph 5
  155. 6Paragraph 6
  156. 7Paragraph 7
  157. 8Paragraph 8
  158. 9Paragraph 9
  159. 10Paragraph 10
  160. 11Paragraph 11
  161. 12Paragraph 12
  162. 13Paragraph 13
  163. 14Paragraph 14
  164. 15Paragraph 15
  165. 16Paragraph 16
  166. 17Paragraph 17
  167. 18Paragraph 18
  168. 19Paragraph 19
  169. 20Paragraph 20
  170. 21Paragraph 21
  171. Schedule 19: FOR THE PROTECTION OF HIGHWAYS ENGLAND
  172. 1Application
  173. 2Interpretation
  174. 3Prior approvals and security
  175. 4Carrying out of works
  176. 5Payments
  177. 6Provisional certificate and defects period
  178. 7Final certificate
  179. 8Surety
  180. 9Surety
  181. 10Commuted sums
  182. 11Insurance
  183. 12Indemnification
  184. 13Warranties
  185. Schedule 20: FOR THE PROTECTION OF LEICESTERSHIRE COUNTY COUNCIL AS HIGHWAY AUTHORITY
  186. 1Application
  187. 2Interpretation
  188. 3Highway works
  189. 4Provisional certificate and maintenance period
  190. 5Final certificate
  191. 6Payment for supplemental maintenance
  192. 7Indemnity
  193. 8Construction (Design and Management) Regulations 2015
  194. 9Security
  195. 10Security
  196. 11Notices etc.
  197. 12Dispute resolution
  198. 13Privately and publicly owned apparatus
  199. 14Detailed design approval
  200. 15Workmanship
  201. 16Traffic and safety control
  202. 17Site safety
  203. 18Approval of persons undertaking the highway works
  204. 19Inspection of the highway works
  205. 20Design and inspection payment
  206. 21Commuted sum
  207. 22Programme of works
  208. 23Power to execute works in default or emergency
  209. 24Insurance
  210. 25Notice of commencement of highway works
  211. 26Approval of team undertaking Road Safety Audits
  212. 27Road Safety Audits
  213. 28Traffic signal equipment
  214. 29Use of sums paid
  215. 30Statutory procedures and orders
  216. Schedule 21: FOR THE PROTECTION OF TARMAC
  217. 1Paragraph 1
  218. 2Paragraph 2
  219. 3Paragraph 3
  220. 4Paragraph 4
  221. 5Paragraph 5
  222. 6Paragraph 6
  223. 7Paragraph 7
  224. 8Paragraph 8
  225. 9Paragraph 9
  226. 10Paragraph 10
  227. 11Paragraph 11
  228. 12Paragraph 12
  229. 13Paragraph 13
  230. 14Paragraph 14
  231. 15Paragraph 15
  232. Explanatory note