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The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014

S.I. 2014/2269 · Made 28 August 2014 · 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 28th August 2014

Coming into force 18th September 2014

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, 120 and 122 of the Planning Act 2008f2.

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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes 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, 19, 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, 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.

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, 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 etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Limits of deviation
  8. 6Benefit of Order
  9. 7Consent to transfer benefit of Order
  10. Part 3: STREETS
  11. 8Application of the 1991 Act
  12. 9Construction and maintenance of new, altered or diverted streets
  13. 10Classification of roads etc.
  14. 11Permanent stopping up of streets
  15. 12Temporary stopping up of streets
  16. 13Access to works
  17. 14Clearways
  18. Part 4: SUPPLEMENTAL POWERS
  19. 15Discharge of water
  20. 16Protective work to buildings
  21. 17Authority to survey and investigate the land
  22. Part 5: POWERS OF ACQUISITION
  23. 18Compulsory acquisition of land
  24. 19Time limit for exercise of authority to acquire land compulsorily
  25. 20Compulsory acquisition of rights
  26. 21Private rights over land
  27. 22Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  28. 23Acquisition of subsoil or air-space only
  29. 24Acquisition of part of certain properties
  30. 25Rights under or over streets
  31. 26Temporary use of land for carrying out the authorised development
  32. 27Statutory undertakers
  33. 28Apparatus and rights of statutory undertakers in stopped up streets
  34. 29Recovery of costs of new connections
  35. Part 6: OPERATIONS
  36. 30Felling or lopping of trees
  37. Part 7: MISCELLANEOUS AND GENERAL
  38. 31Operational land for purposes of the 1990 Act
  39. 32Defence to proceedings in respect of statutory nuisance
  40. 33Protection of interests
  41. 34Certification of plans, etc.
  42. 35Service of notices
  43. 36Arbitration
  44. 37Traffic regulation
  45. Signature
  46. Schedule 1AUTHORISED DEVELOPMENT
  47. Schedule 2: REQUIREMENTS
  48. 1Interpretation
  49. 2Time limits
  50. 3Detailed design
  51. 4Environmental management plan
  52. 5Implementation and maintenance of landscaping
  53. 6Fencing
  54. 7Ecological mitigation
  55. 8Contaminated land and groundwater
  56. 9Protected species
  57. 10Surface water drainage
  58. 11Archaeological remains
  59. 12Buildings at risk
  60. 13Traffic management
  61. 14Paragraph 14
  62. 15Paragraph 15
  63. 16Air quality
  64. 17Amendments to approved details
  65. Schedule 3: CLASSIFICATION OF ROADS ETC.
  66. Part 1: SPECIAL ROADS
  67. 1In the administrative area of Cheshire East Council—
  68. 2Paragraph 2
  69. 3Paragraph 3
  70. 4Paragraph 4
  71. Part 2: OTHER TRUNK ROADS
  72. 5In the administrative area of Cheshire East Council—
  73. 6Paragraph 6
  74. Part 3: ROADS TO BE DE-TRUNKED
  75. 7In the administrative area of Cheshire East Council—
  76. Part 4: ROADS SUBJECT TO 50 MPH SPEED LIMIT
  77. 8Paragraph 8
  78. 9Paragraph 9
  79. 10Paragraph 10
  80. 11Paragraph 11
  81. Part 5: ROADS SUBJECT TO 60 MPH SPEED LIMIT
  82. 12Paragraph 12
  83. Schedule 4: PERMANENT STOPPING UP OF STREETS
  84. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  85. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  86. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  87. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  88. Compensation enactments
  89. 1Paragraph 1
  90. 2Paragraph 2
  91. Application of the 1965 Act
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. 8Paragraph 8
  98. 9Paragraph 9
  99. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  100. Schedule 8: PROTECTIVE PROVISIONS
  101. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, OIL, WATER AND SEWERAGE UNDERTAKERS
  102. 1Paragraph 1
  103. 2Paragraph 2
  104. On street apparatus
  105. 3Paragraph 3
  106. Apparatus in stopped up streets
  107. 4Paragraph 4
  108. Protective works to buildings
  109. 5Paragraph 5
  110. Acquisition of land
  111. 6Paragraph 6
  112. Removal of apparatus
  113. 7Paragraph 7
  114. Facilities and rights for alternative apparatus
  115. 8Paragraph 8
  116. Retained apparatus
  117. 9Paragraph 9
  118. Expenses and costs
  119. 10Paragraph 10
  120. 11Paragraph 11
  121. Cooperation
  122. 12Paragraph 12
  123. 13Paragraph 13
  124. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  125. 14Paragraph 14
  126. 15Paragraph 15
  127. 16Paragraph 16
  128. 17Paragraph 17
  129. 18Paragraph 18
  130. 19Paragraph 19
  131. Explanatory note