The Portishead Branch Line (MetroWest Phase 1) Order 2022
S.I. 2022/1194 · Made 14 November 2022 · Extends to England and Wales
Infrastructure Planning
Made 14th November 2022
Coming into force 5th December 2022
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 two members (“the Panel”) appointed by the Secretary of State in accordance with Chapter 2 of Part 6 of the 2008 Act.
The Panel, having considered the representations made and not withdrawn and the application with the accompanying documents, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary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The Secretary of State, having considered the representations made and not withdrawn and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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.
In accordance with section 131(5) of the 2008 Act the Secretary of State is satisfied that where this Order authorises the compulsory acquisition of land forming part of an open space being the cycle track special category land (as defined in article 54 of this Order) that land is less than 200 square metres in extent and the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.
In accordance with section 132(3) of the 2008 Act the Secretary of State is satisfied that where this Order authorises the compulsory acquisition of a right over other land forming part of an open space that land, when burdened with the order right, will be no less advantageous than it was before to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights in the land, and the public.
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, 20, 23, 24, 26, 33, 34, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—
Annotations to the whole text
Footnotes
- f1
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2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
- f2
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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
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S.I. 2010/103, amended by S.I. 2012/635.
Contents
- Part 1: Preliminary
- 1Citation and commencement
- 2Interpretation
- 3Incorporation of the Railway Clauses Acts
- Part 2: Principal powers
- 4Application and modification of legislation
- 5Development consent etc. granted by the Order
- 6Planning permission
- 7Limits of deviation
- 8Maintenance of authorised development
- 9Benefit of Order
- 10Consent to transfer benefit of Order
- 11Agreements with Network Rail
- Part 3: Streets, Highways and Level Crossings
- 12Application of the 1991 Act
- 13Street works and power to alter the layout etc. of streets
- 14Permanent stopping up of streets
- 15Temporary stopping up of streets and public rights of way
- 16Bridleways, cycle tracks and footpaths
- 17Access to works
- 18Agreements with street authorities
- 19Construction and maintenance of new or altered streets
- 20Closure of level crossings and crossings over disused railway
- 21Accommodation and occupation crossings
- Part 4: Supplemental powers
- 22Discharge of water
- 23Authority to survey and investigate land
- Part 5: Powers of acquisition
- 24Compulsory acquisition of land
- 25Modification of Part 1 of the 1965 Act
- 26Time limit for exercise of authority to acquire land compulsorily or take land temporarily
- 27Compulsory acquisition of rights or imposition of covenants
- 28Private rights over land subject to compulsory acquisition or temporary possession
- 29Power to override easements and other rights
- 30Application of the 1981 Act
- 31Acquisition of subsoil or airspace only
- 32Rights under or over streets
- 33Temporary use of land for carrying out the authorised development
- 34Temporary use of land for maintaining the authorised development
- 35Disregard of certain interests and improvements
- 36Set-off for enhancement in value of retained land
- 37Statutory undertakers and electronic communications code network operators
- 38Recovery of costs of new connections
- Part 6: Operations
- 39Operation and use of railways
- 40Operational land for purposes of the 1990 Act
- Part 7: Miscellaneous and general
- 41No double recovery
- 42Apparatus and rights of statutory undertakers in stopped up streets
- 43Felling or lopping of trees
- 44Hedgerows
- 45Defence to proceedings in respect of statutory nuisance
- 46Traffic regulation
- 47Application of the Land Compensation Act 1973
- 48Application of landlord and tenant law
- 49Procedure in relation to further approvals, etc.
- 50Service of notices
- 51Crown rights
- 52Amendment of local byelaws
- 53Protective provisions
- 54Special category land
- 55Documents to be certified
- 56Arbitration
- Signature
- Schedule 1Authorised development
- Schedule 2: Requirements
- Part 1: Requirements
- 1Paragraph 1
- 2Time limits
- 3Stages of authorised development
- 4Submission and approval of detail design
- 5Construction Environmental Management Plan etc.
- 6Landscaping scheme – disused railway
- 7Landscaping – other works
- 8Temporary fencing
- 9Highway accesses
- 10Archaeology
- 11Surface and foul water drainage
- 12Trees
- 13Control of invasive plants outside of Avon Gorge Woodlands SAC
- 14Avon Gorge Woodlands SAC
- 15External lighting and control of artificial light emissions during construction
- 16Construction hours
- 17Contaminated land and groundwater
- 18Works to Winterstoke Road, Bristol
- 19Path at Marsh Lane, Easton in Gordano
- 20Temporary path at Avon Road, Pill
- 21Restoration of land used temporarily for construction
- 22Watercourses
- 23For the protection of bats
- 24Permanent fencing outside of Avon Gorge Woodlands SAC
- 25Permanent acoustic fencing
- 26Portishead Station and Portbury Ditch
- 27Pill Station
- 28Operational lighting – highways, bridges, paths and car parks
- 29Works affecting M5 Junction 19
- 30Clanage Road, Bristol
- 31New bridleway east of M5 Avonmouth Bridge
- 32Cattle Creep Bridge, Easton in Gordano
- 33Perimeter Track between Marsh Lane and the compounds under the M5 Avonmouth Bridge and on Lodway Farm
- 34Pill Tunnel Eastern Portal Compound Access, Ham Green
- 35Requirement for written approval
- 36Amendments to approved details
- 37Anticipatory steps towards compliance with any requirement
- Part 2: Procedure for discharge of requirements
- 38Applications made under requirements
- 39Further information
- 40Appeals
- 41Interpretation of Part 2 of Schedule 2
- Schedule 3Streets subject to street works
- Schedule 4: Streets to be stopped up
- 1Street for which a substitute is to be provided
- 2Streets for which no substitute is to be provided
- Schedule 5: Streets to be stopped up temporarily
- 1Street to be stopped up temporarily for which a substitute is to be provided
- 2Bridleways and footpaths to be temporarily suspended for which no substitute is to be provided during suspension
- Schedule 6: Bridleways, cycle tracks and footpaths
- 1Footpath to be diverted
- 2New public rights of way to be created
- Schedule 7Access to works
- Schedule 8: Closure of crossings
- 1Crossings: works required
- 2Crossings: No works required
- Schedule 9: Accommodation and occupation crossings
- 1Crossings extinguished: works required
- 2Crossings for which no substitute is to be provided
- Schedule 10Land in which only new rights, etc., may be acquired
- Schedule 11: Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Paragraph 5
- Schedule 12Land of which temporary possession may be taken
- Schedule 13: Hedgerows
- 1Hedgerows to be removed
- 2Important Hedgerow
- Schedule 14Traffic Regulation
- Schedule 15Amendment of Local Legislation
- Schedule 16: Protective Provisions
- Part 1: Protection for Network Rail Infrastructure Limited
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Part 2: Protection for Electricity, Gas, Water, Petroleum and Sewerage Undertakers.
- 22Paragraph 22
- 23Paragraph 23
- 24On street apparatus
- 25Acquisition of land
- 26Removal of apparatus
- 27Facilities and rights for alternative apparatus
- 28Retained apparatus
- 29Expenses and costs
- 30Indemnity
- 31Paragraph 31
- Part 3: Protection for Operators of Electronic Communications Code Networks
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Part 4: Protection for the Environment Agency
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- Part 5: Protection for First Corporate Shipping Limited
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Watercourses and drainage
- 48Surveys
- 49Streets, access and public rights of way
- 50Acquisition and use of land
- 51Use of land and execution, maintenance and use of the authorised development
- 52Paragraph 52
- 53Paragraph 53
- 54Works
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66BPC’s apparatus
- 67The Port’s railway
- 68Trees and other vegetation
- 69General
- 70Paragraph 70
- Part 6: Protection for Exolum Pipeline System Ltd
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- Part 7: For the protection of Western Power Distribution Limited (South West) Plc
- 79Application
- 80Interpretation
- 81Precedence of 1991 Act in respect of apparatus in streets
- 82No acquisition or extinguishment except by agreement
- 83Removal of apparatus
- 84Paragraph 84
- 85Expenses and costs
- 86Expert determination
- 87Paragraph 87
- 88Paragraph 88
- Part 8: For the protection of National Grid as electricity undertaker
- 89Application
- 90Interpretation
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Apparatus of National Grid in stopped up streets
- 95Acquisition of land
- 96Removal of existing apparatus
- 97Facilities and rights for alternative apparatus
- 98Retained apparatus
- 99Expenses
- 100Indemnity
- 101Enactments and agreements
- 102Co-operation
- 103Access
- 104Arbitration
- 105Notices
- Part 9: For the protection of Wales and West Utilities (“WWU”)
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- Part 10: For the protection of the National Trust
- 117Paragraph 117
- 118Powers of compulsory acquisition
- 119Works provisions
- 120Paragraph 120
- 121Paragraph 121
- 122Paragraph 122
- 123Paragraph 123
- 124Paragraph 124
- 125Paragraph 125
- 126Expert determination
- Schedule 17Documents to be Certified
- Explanatory note