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The Network Rail (North Doncaster Chord) Order 2012

S.I. 2012/2635 · Made 16 October 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 16th October 2012

Coming into force 6th November 2012

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The Commissioner, having considered the representations made and not withdrawn and the application together with accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Commissioner, has decided to make an Order granting development consent for the development described in the application and consent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

f3

S.I. 2010/103.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Incorporation of Railways Clauses Acts
  5. Part 2: PRINCIPAL POWERS
  6. 4Development consent etc. granted by the Order
  7. 5Maintenance of authorised development
  8. 6Procedure in relation to certain approvals, etc. other than under Schedule 2
  9. 7Further provision as to approvals, etc, under Schedule 2
  10. 8Limits of deviation
  11. 9Benefit of Order
  12. Part 3: STREETS
  13. 10Power to alter layout, etc., of streets
  14. 11Street works
  15. 12Construction and maintenance of new or altered streets
  16. 13Stopping up of streets
  17. 14Application of the 1991 Act
  18. 15Temporary stopping up of streets
  19. 16Access to works
  20. 17Agreements with street authorities
  21. 18Construction of bridges and tunnels
  22. 19Level crossings
  23. Part 4: SUPPLEMENTAL POWERS
  24. 20Discharge of water
  25. 21Authority to survey and investigate land
  26. Part 5: POWERS OF ACQUISITION
  27. 22Compulsory acquisition of land
  28. 23Time limit for exercise of authority to acquire land compulsorily
  29. 24Compulsory acquisition of rights
  30. 25Private rights
  31. 26Application of Compulsory Purchase (Vesting Declarations) Act 1981
  32. 27Acquisition of subsoil or airspace only
  33. 28Acquisition of part of certain properties
  34. 29Rights under or over streets
  35. 30Temporary use of land for carrying out the authorised development
  36. 31Temporary use of land for maintaining authorised development
  37. 32Statutory undertakers
  38. 33Apparatus and rights of statutory undertakers in stopped up streets
  39. 34Recovery of costs of new connections
  40. Part 6: OPERATIONS
  41. 35Operation and use of railways
  42. 36Felling or lopping trees
  43. Part 7: MISCELLANEOUS AND GENERAL
  44. 37Operational land for purposes of the 1990 Act
  45. 38Defence to proceedings in respect of statutory nuisance
  46. 39Traffic regulation
  47. 40Protection of interests
  48. 41Application of the Land Compensation Act 1973
  49. 42Certification of plans, etc.
  50. 43Service of notices
  51. 44Arbitration
  52. Signature
  53. Schedule 1AUTHORISED DEVELOPMENT
  54. Schedule 2: REQUIREMENTS
  55. 1Interpretation
  56. 2Stages of authorised development
  57. 3In accordance with approved details
  58. 4Landscaping
  59. 5Implementation and maintenance of landscaping
  60. 6Highway accesses
  61. 7Archaeology
  62. 8Contract Requirements – Environment
  63. 9Ecological Management Plan
  64. 10Alteration, reconstruction or replacement of buildings
  65. 11Alteration, reconstruction or replacement of level crossings
  66. 12Amendments to approved details
  67. 13Flood Risk Assessment and Piling Method Statement
  68. Schedule 3STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT
  69. Schedule 4STREETS SUBJECT TO STREET WORKS
  70. Schedule 5STREETS TO BE STOPPED UP
  71. Schedule 6STREETS TO BE TEMPORARILY STOPPED UP
  72. Schedule 7REPLACEMENT AND CLOSURE OF LEVEL CROSSINGS
  73. Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  74. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  75. Compensation enactments
  76. 1Paragraph 1
  77. 2Paragraph 2
  78. Application of the 1965 Act
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. 5Paragraph 5
  82. 6Paragraph 6
  83. 7Paragraph 7
  84. 8Paragraph 8
  85. 9Paragraph 9
  86. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  87. Schedule 11TRAFFIC REGULATION
  88. Schedule 12: PROTECTIVE PROVISIONS
  89. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. 8Paragraph 8
  98. 9Paragraph 9
  99. 10Paragraph 10
  100. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  101. 11Paragraph 11
  102. 12Paragraph 12
  103. 13Paragraph 13
  104. 14Paragraph 14
  105. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  106. 15Paragraph 15
  107. 16Paragraph 16
  108. 17Paragraph 17
  109. 18Paragraph 18
  110. 19Paragraph 19
  111. 20Paragraph 20
  112. 21Paragraph 21
  113. 22Paragraph 22
  114. 23Paragraph 23
  115. 24Paragraph 24
  116. 25Paragraph 25
  117. 26Paragraph 26
  118. Explanatory note