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The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015

S.I. 2015/129 · Made 4 February 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Infrastructure Planning

Made 4th February 2015

Coming into force 25th February 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 single appointed person (appointed by the Secretary of State) under Chapter 3 of part 6 of the 2008 Act and carried out 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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83(1) of the 2008 Act, has submitted a report to the Secretary of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The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 15, 17, 19, 22, 26, 33, 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.

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. 8Application and modification of legislative provisions
  11. Part 3: STREETS
  12. 9Application of the 1991 Act
  13. 10Construction and maintenance of new, altered or diverted streets
  14. 11Classification of roads, etc.
  15. 12Permanent stopping up and restriction of use of streets
  16. 13Temporary stopping up and restriction of use of streets
  17. 14Access to works
  18. 15Clearways
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Protective work to buildings
  22. 18Authority to survey and investigate land
  23. Part 5: POWERS OF ACQUISITION
  24. 19Compulsory acquisition of land
  25. 20Compulsory acquisition of land – incorporation of the mineral code
  26. 21Time limit for exercise of authority to acquire land compulsorily
  27. 22Compulsory acquisition of rights
  28. 23Private rights over land
  29. 24Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  30. 25Acquisition of subsoil or air-space only
  31. 26Acquisition of part of certain properties
  32. 27Rights under or over streets
  33. 28Temporary use of land for carrying out the authorised development
  34. 29Temporary use of land for maintaining the authorised development
  35. 30Statutory undertakers
  36. 31Apparatus and rights of statutory undertakers in stopped up streets
  37. 32Recovery of costs of new connections
  38. Part 6: OPERATIONS
  39. 33Felling or lopping of trees
  40. Part 7: MISCELLANEOUS AND GENERAL
  41. 34Application of landlord and tenant law
  42. 35Operational land for purposes of the 1990 Act
  43. 36Defence to proceedings in respect of statutory nuisance
  44. 37Protection of interests
  45. 38Certification of plans, etc.
  46. 39Service of notices
  47. 40Arbitration
  48. 41Traffic regulation
  49. Signature
  50. Schedule 1AUTHORISED DEVELOPMENT
  51. Schedule 2: REQUIREMENTS
  52. 1Interpretation
  53. 2Time limits
  54. 3Construction Environmental Management Plan
  55. 4Landscaping
  56. 5Implementation and maintenance of landscaping
  57. 6Fencing
  58. 7Contaminated land and groundwater
  59. 8Archaeology
  60. 9Ecological management plan
  61. 10Water vole, badgers and bat roosts
  62. 11Paragraph 11
  63. 12Traffic management
  64. 13Detailed design
  65. 14Paragraph 14
  66. 15Paragraph 15
  67. 16Surface and foul water drainage
  68. 17Approvals and amendments to approved details
  69. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  70. 1TRUNK ROADS
  71. 2OTHER ROAD CLASSIFICATIONS
  72. 3ROADS TO BE DE-TRUNKED
  73. 4ROADS SUBJECT TO 30 MILES PER HOUR LIMIT
  74. 5ROADS SUBJECT TO 40 MILES PER HOUR LIMIT
  75. 6ROADS SUBJECT TO 50 MILES PER HOUR LIMIT
  76. 7ROADS SUBJECT TO WEIGHT RESTRICTIONS
  77. 8ROADS SUBJECT TO CENTRAL RESERVE ALTERATIONS
  78. 9ROADS SUBJECT TO ONE WAY RESTRICTIONS
  79. 10ROADS RESTRICTED TO ESCORTED VEHICLES
  80. 11CYCLE TRACKS AND FOOTWAYS
  81. 12PRIVATE MEANS OF ACCESS
  82. 13PUBLIC RIGHTS OF WAY
  83. 14PERMISSIVE RIGHT OF WAY
  84. Schedule 4: PERMANENT STOPPING UP OF STREETS
  85. 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  86. 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  87. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  88. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  89. Compensation enactments
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. Application of the 1965 Act
  93. 3Paragraph 3
  94. 4Paragraph 4
  95. 5Paragraph 5
  96. 6Paragraph 6
  97. 7Paragraph 7
  98. 8Paragraph 8
  99. 9Paragraph 9
  100. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  101. Schedule 8: PROTECTIVE PROVISIONS
  102. Part 1: FOR THE PROTECTION OF ELECTRICITY AND GAS UNDERTAKERS
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. On street apparatus
  106. 3Paragraph 3
  107. Apparatus in stopped up streets
  108. 4Paragraph 4
  109. Protective works to buildings
  110. 5Paragraph 5
  111. Acquisition of land
  112. 6Paragraph 6
  113. Removal of apparatus
  114. 7Paragraph 7
  115. Facilities and rights for alternative apparatus
  116. 8Paragraph 8
  117. Retained apparatus
  118. 9Paragraph 9
  119. Expenses and costs
  120. 10Paragraph 10
  121. 11Paragraph 11
  122. Cooperation
  123. 12Paragraph 12
  124. 13Paragraph 13
  125. Part 2: FOR THE PROTECTION OF ANGLIAN WATER
  126. 14Paragraph 14
  127. 15Paragraph 15
  128. 16Paragraph 16
  129. 17Paragraph 17
  130. 18Paragraph 18
  131. 19Paragraph 19
  132. 20Paragraph 20
  133. 21Paragraph 21
  134. 22Paragraph 22
  135. Part 3: FOR THE PROTECTION OF RAILWAY INTERESTS
  136. 23Paragraph 23
  137. 24Paragraph 24
  138. 25Paragraph 25
  139. 26Paragraph 26
  140. 27Paragraph 27
  141. 28Paragraph 28
  142. 29Paragraph 29
  143. 30Paragraph 30
  144. 31Paragraph 31
  145. 32Paragraph 32
  146. 33Paragraph 33
  147. 34Paragraph 34
  148. 35Paragraph 35
  149. 36Paragraph 36
  150. 37Paragraph 37
  151. 38Paragraph 38
  152. 39Paragraph 39
  153. 40Paragraph 40
  154. 41Paragraph 41
  155. 42Paragraph 42
  156. 43Paragraph 43
  157. Part 4: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  158. 44Paragraph 44
  159. 45Paragraph 45
  160. 46Paragraph 46
  161. 47Paragraph 47
  162. Explanatory note