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The Network Rail (Ipswich Chord) Order 2012

S.I. 2012/2284 · Made 5 September 2012 · 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 5th September 2012

Coming into force 26th September 2012

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

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

The Commissioner, having considered the representations made and not withdrawn and the application together with accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Commissioner, has decided to make an Order granting development consent for the development described in the application and consent for ancillary works 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 17, 24, 26, 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.

f2

2008 c. 29, as amended by the Localism Act 2011 (c. 20).

f3

S.I. 2010/103.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and Commencement
  3. 2Interpretation
  4. 3Incorporation of the Railways Clauses Acts
  5. 4Disapplication of legislative provisions
  6. Part 2: PRINCIPAL POWERS
  7. 5Development consent etc. granted by the Order
  8. 6Maintenance of authorised project
  9. 7Limits of deviation
  10. 8Benefit of Order
  11. Part 3: STREETS
  12. 9Street works
  13. 10Application of the 1991 Act
  14. 11Temporary stopping up of streets
  15. 12Traffic signs
  16. Part 4: SUPPLEMENTAL POWERS
  17. 13Discharge of water
  18. 14Protective work to buildings
  19. 15Authority to survey and investigate the land
  20. Part 5: POWERS OF ACQUISITION
  21. 16Compulsory acquisition of land
  22. 17Time limit for exercise of authority to acquire land compulsorily
  23. 18Compulsory acquisition of rights
  24. 19Private rights
  25. 20Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  26. 21Acquisition of subsoil or airspace only
  27. 22Acquisition of part of certain properties
  28. 23Temporary use of land for carrying out the authorised project
  29. 24Statutory undertakers
  30. 25Recovery of costs of new connections
  31. Part 6: OPERATIONS
  32. 26Operation and use of railway
  33. 27Felling or lopping of trees
  34. Part 7: MISCELLANEOUS AND GENERAL
  35. 28Operational land for purposes of the 1990 Act
  36. 29Defence to proceedings in respect of statutory nuisance
  37. 30Protections of interests
  38. 31Application of the Land Compensation Act 1973
  39. 32Certification of plans etc.
  40. 33Service of notices
  41. 34Arbitration
  42. 35Procedure in relation to approvals etc. under requirements
  43. Signature
  44. Schedule 1: AUTHORISED DEVELOPMENT AND REQUIREMENTS
  45. 1AUTHORISED DEVELOPMENT
  46. Part 2: REQUIREMENTS
  47. 1Interpretation
  48. 2Stages of authorised development
  49. 3In accordance with approved details
  50. 4Landscaping
  51. 5Implementation and maintenance of landscaping
  52. 6Highway access
  53. 7Archaeology
  54. 8Contract Requirements-Environment
  55. 9Restriction on access
  56. 10Noise mitigation Railway Cottages
  57. 11Contaminated land
  58. 12Ecological Management Plan
  59. 13Pedestrian/cycle access to River Gipping
  60. 14Finishes of bridges and graffiti
  61. 15Alteration, reconstruction or replacement of buildings
  62. 16Amendments to approved details
  63. 17Street Lighting at Bridge 404
  64. 18Temporary cantilever footpath and cycleway
  65. 19Ramps
  66. 20Requirement for written approval
  67. Schedule 2STREETS SUBJECT TO STREET WORKS
  68. Schedule 3STREETS TO BE TEMPORARILY STOPPED UP
  69. Schedule 4LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  70. Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  71. Compensation enactments
  72. 1Paragraph 1
  73. 2Paragraph 2
  74. Application of the 1965 Act
  75. 3Paragraph 3
  76. 4Paragraph 4
  77. 5Paragraph 5
  78. 6Paragraph 6
  79. 7Paragraph 7
  80. 8Paragraph 8
  81. 9Paragraph 9
  82. Schedule 6LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  83. Schedule 7: PROTECTIVE PROVISIONS
  84. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. 5Paragraph 5
  90. 6Paragraph 6
  91. 7Paragraph 7
  92. 8Paragraph 8
  93. 9Paragraph 9
  94. 10Paragraph 10
  95. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  96. 11Paragraph 11
  97. 12Paragraph 12
  98. 13Paragraph 13
  99. 14Paragraph 14
  100. 15Paragraph 15
  101. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  102. 16Paragraph 16
  103. 17Paragraph 17
  104. 18Paragraph 18
  105. 19Paragraph 19
  106. 20Paragraph 20
  107. 21Paragraph 21
  108. 22Paragraph 22
  109. 23Paragraph 23
  110. 24Paragraph 24
  111. 25Paragraph 25
  112. 26Paragraph 26
  113. 27Paragraph 27
  114. Part 4: FOR THE PROTECTION OF HUTCHISON PORTS (UK) LIMITED AND THE FELIXSTOWE DOCK AND RAILWAY COMPANY
  115. 28Paragraph 28
  116. 29Paragraph 29
  117. 30Paragraph 30
  118. 31Paragraph 31
  119. 32Paragraph 32
  120. 33Paragraph 33
  121. 34Paragraph 34
  122. 35Paragraph 35
  123. Part 5: FOR THE PROTECTION OF NATIONAL HEALTH SERVICE BLOOD AND TRANSPLANT
  124. 36Paragraph 36
  125. Explanatory note