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The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015

S.I. 2015/1347 · Made 2 June 2015 · 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 2nd June 2015

Coming into force 23rd June 2015

An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 for an Order granting development consent.

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

The Panel, having considered the representations made and not withdrawn and the application together with accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has determined to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals comprised in the application.

In relation to the compulsory acquisition of the fuel allotment landf4, the Secretary of State is satisfied, in accordance with section 131(3) of the 2008 Act, that section 131(5) applies.

In relation to the compulsory acquisition of the Marriott’s Way open space landf5, the Secretary of State is satisfied, in accordance with section 131(3) of the 2008 Act, that section 131(4) applies.

In relation to the compulsory acquisition of rights over the Marriott’s Way open space land, the Secretary of State is satisfied, in accordance with section 132(2) of the 2008 Act, that section 132(3) applies.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 17, 19, 22, 23, 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

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

f2

S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755.

f3

S.I. 2010/103, amended by S.I. 2012/635.

f4

“Fuel allotment land” is defined in article 2(1).

f5

“Marriot’s Way open space land” is defined in article 2(1).

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Limits of deviation
  8. 6Benefit of the order
  9. 7Consent to transfer benefit of the order
  10. Part 3: STREETS
  11. 8Power to alter layout, etc., of streets
  12. 9Street works
  13. 10Construction and maintenance of new, altered or diverted streets and other structures
  14. 11Classification of roads
  15. 12Stopping up of streets and private access
  16. 13Public rights of way
  17. 14Temporary prohibition or restriction of use of streets
  18. 15Access to site during construction
  19. 16Agreements with street authorities
  20. Part 4: SUPPLEMENTAL POWERS
  21. 17Discharge of water
  22. 18Protective work to buildings
  23. 19Authority to survey and investigate the land
  24. Part 5: POWERS OF ACQUISITION
  25. 20Compulsory acquisition of land
  26. 21Compulsory acquisition of land – incorporation of the mineral code
  27. 22Time limit for exercise of authority to acquire land compulsorily
  28. 23Compulsory acquisition of rights
  29. 24Private rights
  30. 25Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  31. 26Acquisition of subsoil only
  32. 27Acquisition of part of certain properties
  33. 28Rights under or over streets
  34. 29Temporary use of land for carrying out the authorised development
  35. 30Temporary use of land for maintaining authorised development
  36. 31Special category land
  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. 35Felling or lopping of trees
  42. 36Trees subject to tree preservation order
  43. Part 7: MISCELLANEOUS AND GENERAL
  44. 37Application of landlord and tenant law
  45. 38Operational land for purposes of the 1990 Act
  46. 39Defence to proceedings in respect of statutory nuisance
  47. 40Protective Provisions
  48. 41Certification of plans etc.
  49. 42Service of notices
  50. 43Traffic regulation
  51. 44Prohibition of entry, prohibition of motor vehicles, weight restrictions and speed limits
  52. 45Procedure in relation to certain approvals etc.
  53. 46Arbitration
  54. Signature
  55. Schedule 1AUTHORISED DEVELOPMENT
  56. Schedule 2: REQUIREMENTS
  57. 1Interpretation
  58. 2Time limits
  59. 3Commencement of the authorised development
  60. 4Development to be carried out in accordance with plans
  61. 5Landscape and ecology
  62. 6Existing trees and hedgerows and soil
  63. 7Contamination
  64. 8Noise and vibration
  65. 9Hours of working
  66. 10Construction workers travel plan
  67. 11Construction traffic management
  68. 12Dust and mud on the highway during construction
  69. 13Dust and mud during construction – air quality
  70. 14Safeguarding of watercourses and drainage
  71. 15Archaeology
  72. 16Site waste management plan
  73. 17Control of emissions during construction
  74. 18Construction environmental management plan
  75. 19Construction of highway works affecting the Trunk Road network
  76. 20Fencing and other means of enclosure
  77. 21Operational noise attenuation measures and their on-going maintenance
  78. 22Public rights of way
  79. 23Alternative route for Marriott’s Way
  80. 24Surface water drainage
  81. 25A1067 and Weston Hall Road drainage
  82. 26Routeing to Norwich International Airport and Cromer
  83. 27Weston Longville and Hockering traffic
  84. 28Ringland, Costessey, Taverham and Drayton traffic
  85. 29Lyng traffic
  86. 30Traffic monitoring generally
  87. 31Complementary traffic measures
  88. 32Lighting of the authorised development
  89. 33Surfacing of the carriageway of the authorised development
  90. 34Surfacing of bridleways
  91. 35Amendments to approved details
  92. Schedule 3STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT
  93. Schedule 4STREETS SUBJECT TO STREET WORKS
  94. Schedule 5: CLASSIFICATION OF ROADS
  95. Part 1: THE NEW A47 TRUNK ROAD POSTWICK INTERCHANGE SLIP ROADS
  96. 1Paragraph 1
  97. 2Paragraph 2
  98. Part 2: THE NDR CLASSIFIED ROAD
  99. 3Paragraph 3
  100. Part 3: HOLT ROAD
  101. 4Paragraph 4
  102. Part 4: THE A140 CROMER ROAD CLASSIFIED ROAD
  103. 5Paragraph 5
  104. Part 5: THE BROADLAND GATE LINK ROAD
  105. 6Paragraph 6
  106. Part 6: BROADLAND WAY
  107. 7Paragraph 7
  108. Schedule 6STREETS TO BE STOPPED UP
  109. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW STREETS TO BE PROVIDED
  110. 2PRIVATE ACCESS FOR WHICH A SUBSTITUTE IS TO BE PROVIDE AND OTHER NEW MEANS OF ACCESS TO BE PROVIDED
  111. 3PRIVATE ACCESS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  112. Schedule 7: PUBLIC RIGHTS OF WAY
  113. Part 1: ATTLEBRIDGE RESTRICTED BYWAY NO. 3
  114. 1Paragraph 1
  115. 2Paragraph 2
  116. Part 2: DRAYTON RESTRICTED BYWAY NO. 6
  117. 3Paragraph 3
  118. 4Paragraph 4
  119. Part 3: HORSFORD RESTRICTED BYWAY NO. 5
  120. 5Paragraph 5
  121. 6Paragraph 6
  122. Schedule 8TEMPORARY PROHIBITION OR RESTRICTION OF THE USE OF STREETS
  123. Schedule 9CONSTRUCTION ACCESS TO AND FROM WORKS
  124. Schedule 10LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  125. Schedule 11: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  126. Compensation enactments
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. Application of the 1965 Act
  130. 3Paragraph 3
  131. 4Paragraph 4
  132. 5Paragraph 5
  133. 6Paragraph 6
  134. 7Paragraph 7
  135. 8Paragraph 8
  136. 9Paragraph 9
  137. Schedule 12LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  138. Schedule 13: PROTECTIVE PROVISIONS
  139. Part 1: FOR THE PROTECTION OF RAILWAY INTERESTS
  140. 1Paragraph 1
  141. 2Paragraph 2
  142. 3Paragraph 3
  143. 4Paragraph 4
  144. 5Paragraph 5
  145. 6Paragraph 6
  146. 7Paragraph 7
  147. 8Paragraph 8
  148. 9Paragraph 9
  149. 10Paragraph 10
  150. 11Paragraph 11
  151. 12Paragraph 12
  152. 13Paragraph 13
  153. 14Paragraph 14
  154. 15Paragraph 15
  155. 16Paragraph 16
  156. 17Paragraph 17
  157. 18Paragraph 18
  158. 19Paragraph 19
  159. 20Paragraph 20
  160. 21Paragraph 21
  161. Part 2: FOR THE PROTECTION OF NATIONAL GRID
  162. Application
  163. 22Paragraph 22
  164. Interpretation
  165. 23Paragraph 23
  166. 24Paragraph 24
  167. Apparatus of statutory undertaker in stopped up streets
  168. 25Paragraph 25
  169. Protective works to buildings
  170. 26Paragraph 26
  171. Acquisition of land
  172. 27Paragraph 27
  173. Removal of apparatus
  174. 28Paragraph 28
  175. Facilities and rights for alternative apparatus
  176. 29Paragraph 29
  177. Retained apparatus
  178. 30Paragraph 30
  179. Expenses
  180. 31Paragraph 31
  181. Indemnity
  182. 32Paragraph 32
  183. Ground subsidence monitoring scheme in respect of Undertaker’s apparatus
  184. 33Paragraph 33
  185. Co-operation
  186. 34Paragraph 34
  187. Access
  188. 35Paragraph 35
  189. Arbitration
  190. 36Paragraph 36
  191. Approval process
  192. 37Paragraph 37
  193. Approval of requirements
  194. 38Paragraph 38
  195. Part 3: FOR THE PROTECTION OF ANGLIAN WATER
  196. 39Paragraph 39
  197. 40Paragraph 40
  198. 41Paragraph 41
  199. 42Paragraph 42
  200. 43Paragraph 43
  201. 44Paragraph 44
  202. 45Paragraph 45
  203. 46Paragraph 46
  204. 47Paragraph 47
  205. 48Paragraph 48
  206. 49Paragraph 49
  207. 50Paragraph 50
  208. Part 4: FOR THE PROTECTION OF ELECTRICITY SUPPLIERS
  209. 51Paragraph 51
  210. 52Paragraph 52
  211. On street apparatus
  212. 53Paragraph 53
  213. Apparatus in temporarily stopped up streets
  214. 54Paragraph 54
  215. Protective works to buildings
  216. 55Paragraph 55
  217. Acquisition of land
  218. 56Paragraph 56
  219. Removal of apparatus
  220. 57Paragraph 57
  221. Facilities and rights for alternative apparatus
  222. 58Paragraph 58
  223. Retained apparatus
  224. 59Paragraph 59
  225. Expenses and costs
  226. 60Paragraph 60
  227. 61Paragraph 61
  228. Cooperation
  229. 62Paragraph 62
  230. Part 5: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  231. 63Paragraph 63
  232. 64Paragraph 64
  233. 65Paragraph 65
  234. 66Paragraph 66
  235. 67Paragraph 67
  236. Schedule 14: SPEED LIMITS AND TRAFFIC REGULATION MEASURES
  237. 1SPEED LIMITS
  238. 2TRAFFIC REGULATION MEASURES
  239. 3SPEED LIMIT REVOCATIONS AND VARIATIONS
  240. 4WEIGHT LIMIT VARIATIONS
  241. Schedule 15TREES SUBJECT TO TREE PRESERVATION ORDERS
  242. Explanatory note