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The Portishead Branch Line (MetroWest Phase 1) Order 2022

S.I. 2022/1194 · Made 14 November 2022 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 17 October 2025.

Infrastructure Planning

Made 14th November 2022

Coming into force 5th December 2022

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 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The Panel, having considered the representations made and not withdrawn and the application with the accompanying documents, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary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The Secretary of State, having considered the representations made and not withdrawn and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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

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. 3Incorporation of the Railway Clauses Acts
  5. Part 2: Principal powers
  6. 4Application and modification of legislation
  7. 5Development consent etc. granted by the Order
  8. 6Planning permission
  9. 7Limits of deviation
  10. 8Maintenance of authorised development
  11. 9Benefit of Order
  12. 10Consent to transfer benefit of Order
  13. 11Agreements with Network Rail
  14. Part 3: Streets, Highways and Level Crossings
  15. 12Application of the 1991 Act
  16. 13Street works and power to alter the layout etc. of streets
  17. 14Permanent stopping up of streets
  18. 15Temporary stopping up of streets and public rights of way
  19. 16Bridleways, cycle tracks and footpaths
  20. 17Access to works
  21. 18Agreements with street authorities
  22. 19Construction and maintenance of new or altered streets
  23. 20Closure of level crossings and crossings over disused railway
  24. 21Accommodation and occupation crossings
  25. Part 4: Supplemental powers
  26. 22Discharge of water
  27. 23Authority to survey and investigate land
  28. Part 5: Powers of acquisition
  29. 24Compulsory acquisition of land
  30. 25Modification of Part 1 of the 1965 Act
  31. 26Time limit for exercise of authority to acquire land compulsorily or take land temporarily
  32. 27Compulsory acquisition of rights or imposition of covenants
  33. 28Private rights over land subject to compulsory acquisition or temporary possession
  34. 29Power to override easements and other rights
  35. 30Application of the 1981 Act
  36. 31Acquisition of subsoil or airspace only
  37. 32Rights under or over streets
  38. 33Temporary use of land for carrying out the authorised development
  39. 34Temporary use of land for maintaining the authorised development
  40. 35Disregard of certain interests and improvements
  41. 36Set-off for enhancement in value of retained land
  42. 37Statutory undertakers and electronic communications code network operators
  43. 38Recovery of costs of new connections
  44. Part 6: Operations
  45. 39Operation and use of railways
  46. 40Operational land for purposes of the 1990 Act
  47. Part 7: Miscellaneous and general
  48. 41No double recovery
  49. 42Apparatus and rights of statutory undertakers in stopped up streets
  50. 43Felling or lopping of trees
  51. 44Hedgerows
  52. 45Defence to proceedings in respect of statutory nuisance
  53. 46Traffic regulation
  54. 47Application of the Land Compensation Act 1973
  55. 48Application of landlord and tenant law
  56. 49Procedure in relation to further approvals, etc.
  57. 50Service of notices
  58. 51Crown rights
  59. 52Amendment of local byelaws
  60. 53Protective provisions
  61. 54Special category land
  62. 55Documents to be certified
  63. 56Arbitration
  64. Signature
  65. Schedule 1Authorised development
  66. Schedule 2: Requirements
  67. Part 1: Requirements
  68. 1Paragraph 1
  69. 2Time limits
  70. 3Stages of authorised development
  71. 4Submission and approval of detail design
  72. 5Construction Environmental Management Plan etc.
  73. 6Landscaping scheme – disused railway
  74. 7Landscaping – other works
  75. 8Temporary fencing
  76. 9Highway accesses
  77. 10Archaeology
  78. 11Surface and foul water drainage
  79. 12Trees
  80. 13Control of invasive plants outside of Avon Gorge Woodlands SAC
  81. 14Avon Gorge Woodlands SAC
  82. 15External lighting and control of artificial light emissions during construction
  83. 16Construction hours
  84. 17Contaminated land and groundwater
  85. 18Works to Winterstoke Road, Bristol
  86. 19Path at Marsh Lane, Easton in Gordano
  87. 20Temporary path at Avon Road, Pill
  88. 21Restoration of land used temporarily for construction
  89. 22Watercourses
  90. 23For the protection of bats
  91. 24Permanent fencing outside of Avon Gorge Woodlands SAC
  92. 25Permanent acoustic fencing
  93. 26Portishead Station and Portbury Ditch
  94. 27Pill Station
  95. 28Operational lighting – highways, bridges, paths and car parks
  96. 29Works affecting M5 Junction 19
  97. 30Clanage Road, Bristol
  98. 31New bridleway east of M5 Avonmouth Bridge
  99. 32Cattle Creep Bridge, Easton in Gordano
  100. 33Perimeter Track between Marsh Lane and the compounds under the M5 Avonmouth Bridge and on Lodway Farm
  101. 34Pill Tunnel Eastern Portal Compound Access, Ham Green
  102. 35Requirement for written approval
  103. 36Amendments to approved details
  104. 37Anticipatory steps towards compliance with any requirement
  105. Part 2: Procedure for discharge of requirements
  106. 38Applications made under requirements
  107. 39Further information
  108. 40Appeals
  109. 41Interpretation of Part 2 of Schedule 2
  110. Schedule 3Streets subject to street works
  111. Schedule 4: Streets to be stopped up
  112. 1Street for which a substitute is to be provided
  113. 2Streets for which no substitute is to be provided
  114. Schedule 5: Streets to be stopped up temporarily
  115. 1Street to be stopped up temporarily for which a substitute is to be provided
  116. 2Bridleways and footpaths to be temporarily suspended for which no substitute is to be provided during suspension
  117. Schedule 6: Bridleways, cycle tracks and footpaths
  118. 1Footpath to be diverted
  119. 2New public rights of way to be created
  120. Schedule 7Access to works
  121. Schedule 8: Closure of crossings
  122. 1Crossings: works required
  123. 2Crossings: No works required
  124. Schedule 9: Accommodation and occupation crossings
  125. 1Crossings extinguished: works required
  126. 2Crossings for which no substitute is to be provided
  127. Schedule 10Land in which only new rights, etc., may be acquired
  128. Schedule 11: Modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants
  129. 1Compensation enactments
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Application of Part 1 of the 1965 Act
  133. 5Paragraph 5
  134. Schedule 12Land of which temporary possession may be taken
  135. Schedule 13: Hedgerows
  136. 1Hedgerows to be removed
  137. 2Important Hedgerow
  138. Schedule 14Traffic Regulation
  139. Schedule 15Amendment of Local Legislation
  140. Schedule 16: Protective Provisions
  141. Part 1: Protection for Network Rail Infrastructure Limited
  142. 1Paragraph 1
  143. 2Paragraph 2
  144. 3Paragraph 3
  145. 4Paragraph 4
  146. 5Paragraph 5
  147. 6Paragraph 6
  148. 7Paragraph 7
  149. 8Paragraph 8
  150. 9Paragraph 9
  151. 10Paragraph 10
  152. 11Paragraph 11
  153. 12Paragraph 12
  154. 13Paragraph 13
  155. 14Paragraph 14
  156. 15Paragraph 15
  157. 16Paragraph 16
  158. 17Paragraph 17
  159. 18Paragraph 18
  160. 19Paragraph 19
  161. 20Paragraph 20
  162. 21Paragraph 21
  163. Part 2: Protection for Electricity, Gas, Water, Petroleum and Sewerage Undertakers.
  164. 22Paragraph 22
  165. 23Paragraph 23
  166. 24On street apparatus
  167. 25Acquisition of land
  168. 26Removal of apparatus
  169. 27Facilities and rights for alternative apparatus
  170. 28Retained apparatus
  171. 29Expenses and costs
  172. 30Indemnity
  173. 31Paragraph 31
  174. Part 3: Protection for Operators of Electronic Communications Code Networks
  175. 32Paragraph 32
  176. 33Paragraph 33
  177. 34Paragraph 34
  178. 35Paragraph 35
  179. 36Paragraph 36
  180. Part 4: Protection for the Environment Agency
  181. 37Paragraph 37
  182. 38Paragraph 38
  183. 39Paragraph 39
  184. 40Paragraph 40
  185. 41Paragraph 41
  186. Part 5: Protection for First Corporate Shipping Limited
  187. 42Paragraph 42
  188. 43Paragraph 43
  189. 44Paragraph 44
  190. 45Paragraph 45
  191. 46Paragraph 46
  192. 47Watercourses and drainage
  193. 48Surveys
  194. 49Streets, access and public rights of way
  195. 50Acquisition and use of land
  196. 51Use of land and execution, maintenance and use of the authorised development
  197. 52Paragraph 52
  198. 53Paragraph 53
  199. 54Works
  200. 55Paragraph 55
  201. 56Paragraph 56
  202. 57Paragraph 57
  203. 58Paragraph 58
  204. 59Paragraph 59
  205. 60Paragraph 60
  206. 61Paragraph 61
  207. 62Paragraph 62
  208. 63Paragraph 63
  209. 64Paragraph 64
  210. 65Paragraph 65
  211. 66BPC’s apparatus
  212. 67The Port’s railway
  213. 68Trees and other vegetation
  214. 69General
  215. 70Paragraph 70
  216. Part 6: Protection for Exolum Pipeline System Ltd
  217. 71Paragraph 71
  218. 72Paragraph 72
  219. 73Paragraph 73
  220. 74Paragraph 74
  221. 75Paragraph 75
  222. 76Paragraph 76
  223. 77Paragraph 77
  224. 78Paragraph 78
  225. Part 7: For the protection of Western Power Distribution Limited (South West) Plc
  226. 79Application
  227. 80Interpretation
  228. 81Precedence of 1991 Act in respect of apparatus in streets
  229. 82No acquisition or extinguishment except by agreement
  230. 83Removal of apparatus
  231. 84Paragraph 84
  232. 85Expenses and costs
  233. 86Expert determination
  234. 87Paragraph 87
  235. 88Paragraph 88
  236. Part 8: For the protection of National Grid as electricity undertaker
  237. 89Application
  238. 90Interpretation
  239. 91Paragraph 91
  240. 92Paragraph 92
  241. 93Paragraph 93
  242. 94Apparatus of National Grid in stopped up streets
  243. 95Acquisition of land
  244. 96Removal of existing apparatus
  245. 97Facilities and rights for alternative apparatus
  246. 98Retained apparatus
  247. 99Expenses
  248. 100Indemnity
  249. 101Enactments and agreements
  250. 102Co-operation
  251. 103Access
  252. 104Arbitration
  253. 105Notices
  254. Part 9: For the protection of Wales and West Utilities (“WWU”)
  255. 106Paragraph 106
  256. 107Paragraph 107
  257. 108Paragraph 108
  258. 109Paragraph 109
  259. 110Paragraph 110
  260. 111Paragraph 111
  261. 112Paragraph 112
  262. 113Paragraph 113
  263. 114Paragraph 114
  264. 115Paragraph 115
  265. 116Paragraph 116
  266. Part 10: For the protection of the National Trust
  267. 117Paragraph 117
  268. 118Powers of compulsory acquisition
  269. 119Works provisions
  270. 120Paragraph 120
  271. 121Paragraph 121
  272. 122Paragraph 122
  273. 123Paragraph 123
  274. 124Paragraph 124
  275. 125Paragraph 125
  276. 126Expert determination
  277. Schedule 17Documents to be Certified
  278. Explanatory note