The West Midlands Rail Freight Interchange Order 2020
S.I. 2020/511 · Made 4 May 2020 · Extends to United Kingdom
Infrastructure Planning
Made 4th May 2020
Coming into force 25th May 2020
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 M1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M2 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 2010 M3 by a single person appointed by the Secretary of State in accordance with Chapter 3 of Part 6 of the 2008 Act.
The single appointed person, having considered the representations made and not withdrawn and the application with the accompanying documents, in accordance with section 83 of the 2008 Act has reported to the Secretary of State.
The Secretary of State having considered the representations made and not withdrawn and the report of the single appointed person has decided to make an Order granting development consent for the development described in the application with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 change 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, 20, 22 to 24, 26, 33 to 37 of Schedule 5 to, the 2008 Act, makes the following Order—
Annotations to the whole text
Marginal citations
- M1
2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
- M2
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.
- M3
S.I. 2010/103, amended by S.I. 2012/635.
Contents
- Part 1: PRELIMINARY
- 1Citation and Commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent granted by the Order
- 4Parameters of authorised development
- 5Authorisation of use
- 6Maintenance of authorised development
- 7Benefit of Order
- Part 3: STREETS
- 8Street works
- 9Power to alter layout, etc., of streets
- 10Permanent stopping up of streets
- 11Temporary stopping up of streets
- 12Public rights of way – creation and stopping up
- 13Accesses
- 14Maintenance of highway works
- 15Classification of A5/A449 link road
- 16Speed limits
- 17Traffic Regulation
- 18Clearways, no waiting and limited waiting
- 19Motor vehicle restrictions
- 20Agreements with highway authorities
- Part 4: SUPPLEMENTAL POWERS
- 21Discharge of water
- 22Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 23Guarantees in respect of payment of compensation
- 24Compulsory acquisition of land
- 25Compulsory acquisition of rights
- 26Private rights
- 27Power to override easements and other rights
- 28Compulsory acquisition of land – incorporation of the mineral code
- 29Time limit for exercise of authority to acquire land and rights compulsorily
- 30Modification of Part 1 of the 1965 Act
- 31Application of the 1981 Act
- 32Statutory undertakers and operators of the electronic communications code network
- 33Rights under or over streets
- 34Temporary use of land for carrying out the authorised development
- 35Temporary use of land for maintaining the authorised development
- 36Apparatus and rights of statutory undertakers in stopped up streets
- 37No double recovery
- Part 6: MISCELLANEOUS AND GENERAL
- 38Operation and use of railways
- 39Operational land for the purposes of the 1990 Act
- 40Charges
- 41Felling or lopping of trees and removal of hedgerows
- 42Protective provisions
- 43Governance of requirements and governance of protective provisions relating to highway works
- 44Disapplication, application and modification of legislative provisions
- 45Certification of plans and documents
- 46Service of notices
- 47Arbitration
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- Part 1: NSIP: THE CONSTRUCTION OF A RAIL FREIGHT INTERCHANGE
- Paragraph
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- Part 2: ASSOCIATED DEVELOPMENT
- Paragraph
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- Schedule 2: REQUIREMENTS
- Part 1: GENERAL REQUIREMENTS
- 1Interpretation
- 2Time limit
- 3Phases of development
- 4Detailed design approval
- 5Demolition and construction environmental management plan
- 6Rail
- 7Construction hours
- 8Air quality – operational emissions
- 9Archaeology
- 10Cultural heritage – demolition of heritage assets
- 11Cultural heritage – demolition of canal crossings
- 12Ecological mitigation and management plan
- 13Ground conditions – contamination risk
- 14Paragraph 14
- 15Earthworks
- 16Landscape – written landscaping scheme
- 17Landscape – implementation and maintenance of landscaping works
- 18Landscape – phasing of landscaping and ecology works
- 19Height of containers
- 20Lighting details
- 21Noise – construction stage
- 22Noise – operational stage
- 23Permissive paths
- 24Transport – demolition and construction
- 25Transport – phasing of highway works
- 26Water and flood risk – flood risk assessment
- 27Water and flood risk – surface water drainage scheme
- 28Water and flood risk – foul water drainage
- 29Building sustainability
- 30Waste management during the operational phase
- Part 2: RAIL REQUIREMENTS
- 31Interpretation
- 32Rail Provision
- 33Paragraph 33
- 34Paragraph 34
- 35Rail Infrastructure
- 36Paragraph 36
- 37Paragraph 37
- 38Rail Support
- 39Paragraph 39
- 40Rail Provision Milestones
- 41Paragraph 41
- Part 3: PROCEDURE FOR APPROVALS ETC. UNDER REQUIREMENTS
- 42Interpretation
- 43Applications made for certain approvals
- 44Further information
- 45Appeals
- 46Fees
- Schedule 3STREETS SUBJECT TO STREET WORKS
- Schedule 4: STREETS TO BE STOPPED UP
- 1STREETS TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 2STREETS TO BE PERMANENTLY STOPPED UP AND BECOME PRIVATE STREETS
- Schedule 5: PUBLIC RIGHTS OF WAY
- 1PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 2NEW PUBLIC RIGHT OF WAY TO BE CREATED
- Schedule 6: PRIVATE MEANS OF ACCESS
- 1PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 2PRIVATE MEANS OF ACCESS TO BE CLOSED AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 3NEW PRIVATE MEANS OF ACCESS CREATED
- Schedule 7CLASSIFICATION OF NEW HIGHWAYS
- Schedule 8: SPEED LIMITS
- 1ROADS SUBJECT TO 30MPH SPEED LIMIT
- 2ROADS SUBJECT TO 40MPH SPEED LIMIT
- 3ROADS SUBJECT TO 50MPH SPEED LIMIT
- 4ROADS SUBJECT TO 60MPH SPEED LIMIT
- Schedule 9: TRAFFIC REGULATION
- 1AMENDMENTS TO EXISTING ORDERS
- 2CLEARWAYS
- 3NO WAITING AT ANY TIME
- 4LIMITED WAITING
- 5PROHIBITED MOVEMENTS
- 6ONE WAY STREET
- Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 11LAND IN WHICH NEW RIGHTS MAY BE CREATED
- Schedule 12: MODIFICATIONS OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- Part: Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Paragraph 5
- Schedule 13: PROTECTIVE PROVISIONS
- Part 1: FOR PROTECTION OF RAILWAY INTERESTS
- 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: FOR THE PROTECTION OF HIGHWAYS ENGLAND
- 1Application
- 2Interpretation
- 3Prior Approvals and Security
- 4Carrying out of works
- 5Payments
- 6Provisional certificate
- 7Handover certificate and defects period
- 8Final certificate
- 9Security
- 10Commuted sums
- 11Insurance
- 12Indemnification
- 13Warranties
- 14Land transfer
- 15Approvals
- 16Expert Determination
- 17Bond form
- Part 3: FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY
- 1Application
- 2Interpretation
- 3Prior Approvals and Security
- 4Carrying out of works
- 5Payments
- 6Provisional certificate and defects period
- 7Final certificate – except for A5/A449 link road
- 8Final certificate – A5/A449 link road
- 9Security
- 10Insurance
- 11Indemnification
- 12Warranties
- 13Approvals
- 14Expert Determination
- 15Bond form
- Part 4: FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION LIMITED
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Expert determination
- Part 5: FOR THE PROTECTION OF USERS OF THE GAILEY PARK ROUNDABOUT
- 1Paragraph 1
- 2Paragraph 2
- 3Maintaining access rights
- 4Design details
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8New access rights
- 9Maintenance
- 10Paragraph 10
- 11Indemnity
- 12Expert determination
- 13Paragraph 13
- Part 6: FOR THE PROTECTION OF THE SI GROUP
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 7: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
- 1Paragraph 1
- 2Paragraph 2
- 3Powers requiring consent of the Trust
- 4Approval of plans
- 5Vehicles
- 6Survey of waterway
- 7Design of works
- 8Construction of specified works
- 9Notice of works and access to works
- 10Lighting
- 11Access to works
- 12Prevention of pollution
- 13Repayment of the Trust's fees
- 14Maintenance of works
- 15Compensation and indemnity
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Costs of alterations
- 22Paragraph 22
- 23Fencing
- 24Capitalised sums
- 25Expert determination
- Part 8: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
- 1Application
- 2Interpretation
- 3On Street Apparatus
- 4Apparatus of Cadent in stopped up streets
- 5Acquisition of land
- 6Removal of apparatus
- 7Facilities and rights for alternative apparatus
- 8Retained apparatus: protection
- 9Expenses
- 10Indemnity
- 11Enactments and agreements
- 12Co-operation
- 13Access
- 14Arbitration
- 15Notices
- Part 9: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 10: FOR THE PROTECTION OF WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3On street apparatus
- 4Apparatus in stopped up streets
- 5Acquisition of land
- 6Removal of apparatus
- 7Facilities and rights for alternative apparatus
- 8Retained apparatus
- 9Expenses and costs
- 10Paragraph 10
- 11Cooperation
- 12Paragraph 12
- Schedule 14: MISCELLANEOUS CONTROLS
- Part: Public general legislation
- 1Introduction
- 2Highways Act 1980
- 3New Roads and Street Works Act 1991
- 4Local Government (Miscellaneous Provisions) Act 1976
- 5Town and Country Planning Act 1990
- 6Environment Act 1995
- Schedule 15: CERTIFICATION DOCUMENTS
- 1Paragraph 1
- Explanatory note