Article 2 InterpretationI1

In this Order except where provided otherwise—

• “the 1961 Act” means the Land Compensation Act 1961^f1;

• “the 1965 Act” means the Compulsory Purchase Act 1965^f2;

• “the 1980 Act” means the Highways Act 1980^f3;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981^f4;

• “the 1984 Act” means the Road Traffic Regulation Act 1984^f5;

• “the 1990 Act” means the Town and Country Planning Act 1990^f6;

• “the 1991 Act” means the New Roads and Street Works Act 1991^f7;

• “the 2008 Act” means the Planning Act 2008^f8;

• “address” includes any number or address for the purposes of electronic transmission;

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

• “authorised development” means the development and associated development described in Schedule 1 (authorised development) or any part of it;

• “the book of reference” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the book of reference for the purposes of this Order;

• “bridleway” has the same meaning as in section 329(1) of the 1980 Act;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “carriageway” has the same meaning as in section 329(1) of the 1980 Act;

• “the classification of roads plans” means the documents of that description listed in Schedule 10 and certified by the Secretary of State as the classification of roads plans (part 1) and the classification of roads plans (part 2) for the purposes of this Order;

• “commence” means beginning to carry out any material operation (as defined in section 56(4) of the 1990 Act) forming part of the authorised development other than operations consisting of archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, ecological surveys and pre-construction ecological mitigation works, erection of any temporary means of enclosure, set up works associated with construction compounds such as soil-stripping, stockpiling, and the provision of access points to construction compounds, provision or diversion of service apparatus and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

• “county planning authority” means Gloucestershire County Council acting in any capacity, including but not limited to its capacity as county planning authority and mineral planning authority under section 1(1)(a) and (4) (local planning authorities: general) of the 1990 Act, local highway authority within the meaning of the 1980 Act, and lead local flood authority within the meaning of section 6(7) (other definitions) of the Flood and Water Management Act 2010^f9 for the county of Gloucestershire;

• “the Crown land plans” means the plans of that description listed in Schedule 10 and certified by the Secretary of State as the Crown land plans for the purposes of this Order;

• “cycle track” has the same meaning as in section 329(1)^f10 (further provision as to interpretation) of the 1980 Act;

• “electronic transmission” means a communication transmitted—

  1. (a)

     by means of an electronic communications network; or

  2. (b)

     by other means but while in electronic form,

  and in this definition, “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications code networks and services) of the Communications Act 2003^f11;

• “the engineering drawings and sections” means the documents of that description listed in Schedule 10 and certified by the Secretary of State as the engineering drawings and sections (part 1), the engineering drawings and sections (part 2), and the engineering drawings and sections (part 3) for the purposes of this Order;

• “the environmental statement” means the documents of that description listed in Schedule 10 and certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “the flood compensation areas” means the flood compensation areas shown on the works plans;

• “the flood storage area” means the flood storage area shown on the works plans;

• “footpath” and “footway” have the same meaning as in section 329(1) of the 1980 Act;

• “highway” has the same meaning as in section 328 (meaning of “highway”) of the 1980 Act;

• “highway authority” has the same meaning as in section 1 (highway authorities: general provision) of the 1980 Act;

• “the land plans” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the land plans for the purposes of this Order;

• “the limits of deviation” means the limits of deviation referred to in article 8 (limits of deviation);

• “the local highway authority” means Gloucestershire County Council;

• “maintain” includes inspect, repair, adjust, alter, remove, replace or reconstruct in relation to the authorised development provided such works do not give rise to any materially new or materially different environmental effects in comparison to those reported in the environmental statement and any derivative of “maintain” is to be construed accordingly;

• “the Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference;

• “the Order limits” means the limits of the land to be acquired or used permanently or temporarily shown on the land plans and works plans within which the authorised development may be carried out;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981^f12;

• “the relevant planning authority” means the local planning authority:

  1. (a)

     for the land in question; and

  2. (b)

     with the relevant legislative competence under the 1990 Act for the matter to which the provision relates.

• “special road” means a highway which is a special road in accordance with section 16^f13 (general provision as to special roads) of the 1980 Act or by virtue of an order granting development consent;

• “the speed limits and traffic regulations plans” means the documents of that description listed in Schedule 10 and certified by the Secretary of State as the speed limits and traffic regulations plans (part 1) and the speed limits and traffic regulations plans (part 2) for the purposes of this Order;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

• “strategic highway authority” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

• “street” means a street within the meaning of section 48^f14 (streets, street works and undertakers) 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” has the same meaning as in section 49^f15 (the street authority and other relevant authorities) of the 1991 Act;

• “the streets, rights of way and access plans” means the documents of that description listed in Schedule 10 and certified by the Secretary of State as the streets, rights of way and access plans (part 1) and the streets, rights of way and access plans (part 2) for the purposes of this Order;

• “tree preservation order” has the meaning given in section 198^f16 (power to make tree preservation orders) of the 1990 Act;

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “trunk road” means a highway which is a trunk road by virtue of—

  1. (a)

     section 10^f17 (general provision as to trunk roads) or section 19(1)^f18 (certain special roads and other highways to become trunk roads) of the 1980 Act;

  2. (b)

     an order made or direction given under section 10 of that Act;

  3. (c)

     an order granting development consent; or

  4. (d)

     any other enactment;

• “the undertaker” means Gloucestershire County Council;

• “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 plans” means the documents of that description listed in Schedule 10 and certified by the Secretary of State as the works plans (part 1) and works plans (part 2) for the purposes of this Order.

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 airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

All distances, directions, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the relevant plans.

References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).