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The Network Rail (Redditch Branch Enhancement) Order 2013

S.I. 2013/2809 · Made 31 October 2013 · 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 31st October 2013

Coming into force 21st November 2013

An application has been made to the Secretary of State, in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1, for an order under sections 37, 114, 115, 117(4), 120 and 122 of the Planning Act 2008f2.

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 single appointed person appointed by the Secretary of State in accordance with Chapter 3 of Part 6 of the 2008 Act.

The single appointed person, having considered the representations made and not withdrawn and the application together with accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application and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 as amended by the Localism Act (Infrastructure Planning) (Consequential Amendments) Regulations 2012 S.I. 2012/635 and the Infrastructure Planning (Prescribed Consultees and Interested Parties etc) (Amendment) Regulations 2013 S.I 2013/522.

f2

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of 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 Railway Clauses Acts
  5. Part 2: Principal powers
  6. 4Development consent etc. granted by the Order
  7. 5Maintenance of authorised development
  8. 6Limits of deviation
  9. 7Benefit of Order
  10. Part 3: Streets
  11. 8Street works
  12. 9Public rights of way
  13. 10Application of the 1991 Act
  14. 11Access to works
  15. 12Agreements with street authorities
  16. Part 4: Supplemental powers
  17. 13Discharge of water
  18. 14Authority to survey and investigate land
  19. Part 5: Powers of acquisition
  20. 15Compulsory acquisition of land
  21. 16Time limit for exercise of authority to acquire land compulsorily
  22. 17Compulsory acquisition of rights
  23. 18Private rights
  24. 19Application of Compulsory Purchase (Vesting Declarations) Act 1981
  25. 20Acquisition of subsoil or airspace only
  26. 21Acquisition of part of certain properties
  27. 22Rights under or over streets
  28. 23Temporary use of land for carrying out the authorised development
  29. 24Temporary use of land for maintaining authorised development
  30. 25Statutory undertakers and electronic communications code network operators
  31. 26Recovery of costs of new connections
  32. Part 6: Operations
  33. 27Operation and use of railways
  34. 28Felling or lopping of trees
  35. Part 7: Miscellaneous and general
  36. 29Operational land for purposes of the 1990 Act
  37. 30Defence to proceedings in respect of statutory nuisance
  38. 31Traffic regulation
  39. 32Application of the Land Compensation Act 1973
  40. 33Certification of plans, etc.
  41. 34Service of notices
  42. 35Arbitration
  43. 36Procedure in relation to further approvals, etc., other than under Part 2 of Schedule 1
  44. 37Further provisions, as to approvals, etc, under Part 2 of Schedule 1
  45. 38Protective provisions
  46. 39Saving for regulated rights, etc.
  47. Signature
  48. Schedule 1: AUTHORISED DEVELOPMENT AND REQUIREMENTS
  49. 1AUTHORISED DEVELOPMENT
  50. Part 2: REQUIREMENTS
  51. 1Interpretation
  52. 2Time limits
  53. 3Development in accordance with approved details
  54. 4Construction Environmental Management Plan
  55. 5Landscaping
  56. 6Implementation and maintenance of landscaping
  57. 7Re-use of excavated materials
  58. 8Highway accesses
  59. 9Car parking at Alvechurch station
  60. 10Archaeology
  61. 11Ecological Management
  62. 12Mitigation of effects on protected species
  63. 13Trees
  64. 14Trees – removal of crowns and other alterations
  65. 15Temporary fencing
  66. 16Drainage
  67. 17Contaminated land and groundwater
  68. 18Footpath diversions – implementation plan
  69. 19Requirement for written approval
  70. Schedule 2STREETS SUBJECT TO STREET WORKS
  71. Schedule 3: FOOTPATHS TO BE STOPPED UP
  72. 1FOOTPATH FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  73. 2FOOTPATH FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  74. Schedule 4: FOOTPATHS TO BE TEMPORARILY SUSPENDED
  75. 1FOOTPATHS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED DURING SUSPENSION
  76. 2FOOTPATHS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED DURING SUSPENSION
  77. Schedule 5ACCESS TO WORKS
  78. Schedule 6LAND IN WHICH ONLY NEW RIGHTS, ETC., MAY BE ACQUIRED
  79. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  80. Compensation enactments
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. Application of the 1965 Act
  84. 3Paragraph 3
  85. 4Paragraph 4
  86. 5Paragraph 5
  87. 6Paragraph 6
  88. 7Paragraph 7
  89. 8Paragraph 8
  90. 9Paragraph 9
  91. Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  92. Schedule 9TRAFFIC REGULATION
  93. Schedule 10: PROTECTIVE PROVISIONS
  94. Part 1: PROTECTION FOR ELECTRICITY, GAS, WATER, PETROLEUM AND SEWERAGE UNDERTAKERS
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Paragraph 4
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. 8Paragraph 8
  103. 9Paragraph 9
  104. 10Paragraph 10
  105. Part 2: PROTECTION FOR OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  106. 11Paragraph 11
  107. 12Paragraph 12
  108. 13Paragraph 13
  109. 14Paragraph 14
  110. 15Paragraph 15
  111. Part 3: PROTECTION FOR THE CANAL & RIVER TRUST
  112. Interpretation
  113. 16Paragraph 16
  114. Powers requiring CRT’s consent
  115. 17Paragraph 17
  116. Vehicles, plant and machinery
  117. 18Paragraph 18
  118. Fencing
  119. 19Paragraph 19
  120. Survey of waterway
  121. 20Paragraph 20
  122. Approval of plans, protective works etc.
  123. 21Paragraph 21
  124. Design of works
  125. 22Paragraph 22
  126. Notice of works
  127. 23Paragraph 23
  128. Construction of specified works
  129. 24Paragraph 24
  130. Prevention of pollution
  131. 25Paragraph 25
  132. Access to work: provision of information
  133. 26Paragraph 26
  134. Maintenance of works
  135. 27Paragraph 27
  136. Repayment of CRT’s fees, etc.
  137. 28Paragraph 28
  138. Making good of detriment; compensation and indemnity, etc.
  139. 29Paragraph 29
  140. Arbitration
  141. 30Paragraph 30
  142. Explanatory note