# The Infrastructure Planning (Model Provisions) (England and Wales) Order 2009, Paragraph 1: Interpretation


(1) In this Order—
“the 1961 Act” means the Land Compensation Act 1961;
“the 1965 Act” means the Compulsory Purchase Act 1965;
“the 1980 Act” means the Highways Act 1980;
“the 1990 Act” means the Town and Country Planning Act 1990;
“the 1991 Act” means the New Roads and Street Works Act 1991;
“the 2008 Act” means the Planning Act 2008;
“ancillary works” means the ancillary works described in Part 2 of Schedule A (authorised project) [and any other works authorised by the Order] and which are not development within the meaning of section 32 of the 2008 Act;
“authorised development” means the development and associated development described in Part 1 of Schedule A (authorised project) [and any other development authorised by this Order], which is development within the meaning of section 32 of the 2008 Act;
“the authorised project” means the authorised development and the ancillary works authorised by this Order;
“the book of reference” means the book of reference certified by the decision-maker as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in the 1980 Act;
“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;
“the decision-maker” has the same meaning as in section 103 of the 2008 Act;
“highway” and “highway authority” have the same meaning as in the 1980 Act;
“the land plan” means the plan certified as the land plan by the decision-maker for the purposes of this Order;
“limits of deviation” means the limits of deviation referred to in article 6;
“maintain” and any of its derivatives include to inspect repair, adjust, alter, remove, reconstruct or replace the authorised project and any derivative of “maintain” shall be construed accordingly;
“Order land” means the land shown on the land plan which is within the limits of land to be acquired and described in the book of reference;
“the Order limits” means the limits shown on the works plan within which the authorised project may be carried out;
“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981;
“relevant planning authority” means—
(i) the district planning authority for the area in which the land to which the provisions of this Order apply is situated unless the provisions relate to the construction or alteration of a hazardous waste facility, in which case it means the county planning authority;
(ii) a National Park Authority;
(iii) the Broads Authority; and
(iv) the Greater London Authority if the land to which the provisions of this Order or requirements apply is situated in Greater London;
“rights plan” means the plan certified as the rights plan by the decision-maker for the purposes of this Order;
“the sections” means the sections shown on the plan certified as the section drawings plan by the decision-maker for the purposes of this Order;
“statutory undertaker” means any person falling within section 127(8), 128(5) or 129(2) of the 2008 Act;
“street” means a street within the meaning of section 48 of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“tree preservation order” has the meaning given in section 198 of the 1990 Act;
“the tribunal” means the Lands Chamber of the Upper Tribunal;
“undertaker” means the person who has the benefit of this Order in accordance with section 156 of the 2008 Act;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
“the works plan” means the plan certified as the works plan by the decision-maker for the purposes of this Order.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.
(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised project shall be taken to be measured along that work.

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Source: https://www.legislation.gov.uk/uksi/2009/2265/schedule/2/paragraph/1 (the official version)
Page: https://openlegislation.uk/infrastructure-planning-model-provisions-england-and-wales-order-2009/schedule-2/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

