OpenLegislation

The Northampton Gateway Rail Freight Interchange Order 2019

S.I. 2019/1358 · Made 9 October 2019 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 3 October 2025.

Infrastructure Planning

Made 9th October 2019

Coming into force 30th October 2019

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 in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3 by a Panel of three members (“the Panel”) appointed by the Secretary of State in accordance with Chapter 2 of Part 6 of the 2008 Act.

The Panel, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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

The Secretary of State in exercise of the powers conferred by section 114, 115, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 15, 17, 19, 20, 22 to 24, 26, 33 to 37 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, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378 and S.I. 2019/734.

f3

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

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and Commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent granted by the Order
  6. 4Parameters of authorised development
  7. 5Authorisation of use
  8. 6Maintenance of authorised development
  9. 7Benefit of Order
  10. Part 3: STREETS
  11. 8Street works
  12. 9Power to alter layout, etc., of streets
  13. 10Permanent stopping up of streets
  14. 11Temporary stopping up of streets
  15. 12Public rights of way – creation, substitution and stopping up
  16. 13Accesses
  17. 14Maintenance of highway works
  18. 15Classification of highways
  19. 16Speed limits
  20. 17Traffic regulation
  21. 18Clearways
  22. 19Motor vehicle restrictions
  23. 20Agreements with highway authorities
  24. Part 4: SUPPLEMENTAL POWERS
  25. 21Discharge of water
  26. 22Authority to survey and investigate the land
  27. Part 5: POWERS OF ACQUISITION
  28. 23Guarantees in respect of payment of compensation
  29. 24Compulsory acquisition of land
  30. 25Compulsory acquisition of rights
  31. 26Private rights
  32. 27Power to override easements and other rights
  33. 28Compulsory acquisition of land – incorporation of the mineral code
  34. 29Time limit for exercise of authority to acquire land and rights compulsorily
  35. 30Modification of Part 1 of the 1965 Act
  36. 31Application of the 1981 Act
  37. 32Statutory undertakers and operators of the electronic communications code network
  38. 33Rights under or over streets
  39. 34Temporary use of land for carrying out the authorised development
  40. 35Temporary use of land for maintaining the authorised development
  41. 36Apparatus and rights of statutory undertakers in stopped up streets
  42. 37No double recovery
  43. Part 6: MISCELLANEOUS AND GENERAL
  44. 38Operation and use of railways
  45. 39Operational land for the purposes of the 1990 Act
  46. 40Charges
  47. 41Defence to proceedings in respect of statutory nuisance
  48. 42Felling or lopping of trees and removal of hedgerows
  49. 43Protective provisions
  50. 44Governance of requirements and governance of protective provisions relating to highway works
  51. 45Disapplication, application and modification of legislative provisions
  52. 46Certification of plans and documents
  53. 47Service of notices
  54. 48Arbitration
  55. Signature
  56. Schedule 1: AUTHORISED DEVELOPMENT
  57. 1NSIP: THE CONSTRUCTION OF A RAIL FREIGHT INTERCHANGE
  58. 2ASSOCIATED DEVELOPMENT
  59. Schedule 2: REQUIREMENTS
  60. Part 1: REQUIREMENTS
  61. 1Interpretation
  62. 2Time limit
  63. 3Components of development and phasing
  64. 4Sustainable transport
  65. 5Design and phasing of highway works
  66. 6Design and phasing of highway works
  67. 7Highway alternatives
  68. 8Detailed design approval
  69. 9Detailed design approval
  70. 10Provision of landscaping
  71. 11Landscape and ecological management plan
  72. 12Construction environmental management plan
  73. 13Earthworks
  74. 14Archaeology and built heritage
  75. 15Lighting details
  76. 16Building sustainability
  77. 17Flood risk and surface water drainage
  78. 18Flood risk and surface water drainage
  79. 19Flood Risk
  80. 20Foul water drainage
  81. 21Construction hours
  82. 22Construction noise
  83. 23Noise during the operational phase
  84. 24Monitoring of complaints
  85. 25Contamination risk
  86. 26Contamination risk
  87. 27Waste management during the operational phase
  88. 28Employment
  89. 29Community liaison group
  90. 30Rail Central
  91. 31Rail Central
  92. 32Rail Central
  93. Part 2: PROCEDURE FOR APPROVALS ETC. UNDER REQUIREMENTS
  94. 1Applications made for certain approvals
  95. 2Further information
  96. 3Fees
  97. 4Appeals
  98. 5Interpretation of Part 2 of Schedule 2
  99. Schedule 3STREETS SUBJECT TO STREET WORKS
  100. Schedule 4STREETS TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  101. Schedule 5: PUBLIC RIGHTS OF WAY
  102. 1PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  103. 2PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  104. 3NEW PUBLIC RIGHTS OF WAY TO BE CREATED
  105. Schedule 6: PRIVATE MEANS OF ACCESS
  106. 1PRIVATE MEANS OF ACCESS TO BE REPLACED
  107. 2PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  108. 3NEW PRIVATE MEANS OF ACCESS CREATED
  109. Schedule 7: CLASSIFICATION OF HIGHWAYS
  110. 1NEW HIGHWAYS
  111. 2EXISTING HIGHWAYS
  112. Schedule 8: SPEED LIMITS
  113. 1EXISTING ORDERS
  114. 2HIGHWAYS SUBJECT TO 50MPH SPEED LIMIT
  115. 3DERESTRICTED HIGHWAYS
  116. 4TEMPORARY SPEED LIMITS
  117. Schedule 9: TRAFFIC REGULATION
  118. 1AMENDMENTS TO EXISTING ORDERS
  119. 2CLEARWAYS
  120. 3ENVIRONMENTAL WEIGHT LIMIT
  121. 4PROHIBITED MOVEMENTS
  122. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  123. Schedule 11LAND IN WHICH NEW RIGHTS MAY BE CREATED
  124. Schedule 12: MODIFICATIONS OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  125. Compensation enactments
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Application of Part 1 of the 1965 Act
  130. 5Application of Part 1 of the 1965 Act
  131. Schedule 13: PROTECTIVE PROVISIONS
  132. Part 1: FOR PROTECTION OF RAILWAY INTERESTS
  133. 1Paragraph 1
  134. 2Paragraph 2
  135. 3Paragraph 3
  136. 4Paragraph 4
  137. 5Paragraph 5
  138. 6Paragraph 6
  139. 7Paragraph 7
  140. 8Paragraph 8
  141. 9Paragraph 9
  142. 10Paragraph 10
  143. 11Paragraph 11
  144. 12Paragraph 12
  145. 13Paragraph 13
  146. 14Paragraph 14
  147. 15Paragraph 15
  148. 16Paragraph 16
  149. 17Paragraph 17
  150. 18Paragraph 18
  151. 19Paragraph 19
  152. 20Paragraph 20
  153. 21Paragraph 21
  154. 22Dispute Resolution and Arbitration
  155. Part 2: FOR THE PROTECTION OF HIGHWAYS ENGLAND
  156. 1Application
  157. 2Interpretation
  158. 3Prior approvals and security
  159. 4Carrying out of works
  160. 5Payments
  161. 6Provisional certificate
  162. 7Handover certificate and defects period
  163. 8Final certificate
  164. 9Security
  165. 10Commuted sums
  166. 11Insurance
  167. 12Indemnification
  168. 13Warranties
  169. 14Land transfer
  170. 15Approvals
  171. 16Expert determination
  172. 17Expert determination
  173. Part 3: FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY
  174. 1Application
  175. 2Interpretation
  176. 3Prior approvals and security
  177. 4Carrying out of works
  178. 5Payments
  179. 6Provisional certificate and defects and maintenance period
  180. 7Final Certificate
  181. 8Security
  182. 9Commuted sums
  183. 10Insurance
  184. 11Indemnification
  185. 12Warranties
  186. 13Approvals
  187. 14Expert determination
  188. 15Expert determination
  189. Part 4: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
  190. 1Application
  191. 2Interpretation
  192. 3On street apparatus
  193. 4Apparatus of Cadent in stopped up streets
  194. 5Acquisition of land
  195. 6Removal of apparatus
  196. 7Facilities and rights for alternative apparatus
  197. 8Retained apparatus: protection
  198. 9Expenses
  199. 10Indemnity
  200. 11Enactments and agreements
  201. 12Co-operation
  202. 13Access
  203. 14Arbitration
  204. 15Notices
  205. Part 5: FOR THE PROTECTION OF ANGLIAN WATER LIMITED
  206. 1Paragraph 1
  207. 2Paragraph 2
  208. 3Paragraph 3
  209. 4Paragraph 4
  210. 5Paragraph 5
  211. 6Paragraph 6
  212. 7Paragraph 7
  213. 8Paragraph 8
  214. 9Paragraph 9
  215. Part 6: FOR THE PROTECTION OF ELECTRICITY UNDERTAKERS
  216. 1Application
  217. 2Interpretation
  218. 3On street apparatus
  219. 4Apparatus in stopped up streets
  220. 5Acquisition of land
  221. 6Removal of apparatus
  222. 7Facilities and rights for alternative apparatus
  223. 8Retained apparatus
  224. 9Expenses and costs
  225. 10Expenses and costs
  226. 11Expenses and costs
  227. 12Co-operation
  228. 13Co-operation
  229. Part 7: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  230. 1Paragraph 1
  231. 2Paragraph 2
  232. 3Paragraph 3
  233. 4Paragraph 4
  234. Schedule 14: MISCELLANEOUS CONTROLS
  235. Public general legislation
  236. 1Introduction
  237. 2Highways Act 1980
  238. 3New Roads and Street Works Act 1991
  239. 4Local Government (Miscellaneous Provisions) Act 1976
  240. Schedule 15: MEMBERSHIP, ROLE AND PROTOCOL OF THE SUSTAINABLE TRANSPORT WORKING GROUP
  241. 1Paragraph 1
  242. 2Paragraph 2
  243. 3Paragraph 3
  244. 4Paragraph 4
  245. 5Paragraph 5
  246. Schedule 16CERTIFICATION OF PLANS AND DOCUMENTS
  247. Explanatory note