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The A19 Downhill Lane Junction Development Consent Order 2020

S.I. 2020/746 · Made 16 July 2020

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Infrastructure Planning

Made 16th July 2020

Coming into force 6th August 2020

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) 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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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 to 23, 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, 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
  2. Chapter: PRELIMINARY
  3. 1Citation and commencement
  4. 2Interpretation
  5. Part 2: PRINCIPAL POWERS
  6. 3Development consent etc. granted by the Order
  7. 4Maintenance of authorised development
  8. 5Maintenance of drainage works
  9. 6Limits of deviation
  10. 7Benefit of Order
  11. 8Consent to transfer benefit of Order
  12. Part 3: STREETS
  13. 9Application of the 1991 Act
  14. 10Construction and maintenance of new, altered or diverted streets
  15. 11Classification of roads, etc.
  16. 12Temporary stopping up and restriction of use of streets
  17. 13Permanent stopping up and restriction of use of streets and private means of access
  18. 14Access to works
  19. 15Clearways
  20. 16Traffic regulation
  21. Part 4: SUPPLEMENTAL POWERS
  22. 17Discharge of water
  23. 18Protective work to buildings
  24. 19Authority to survey and investigate the land
  25. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  26. 20Compulsory acquisition of land
  27. 21Compulsory acquisition of land – incorporation of the mineral code
  28. 22Time limit for the exercise of the authority to acquire land compulsorily
  29. 23Compulsory acquisition of rights
  30. 24Private rights over land
  31. 25Modification of Part 1 of the 1965 Act
  32. 26Application of the 1981 Act
  33. 27Acquisition of subsoil or airspace only
  34. 28Rights under or over streets
  35. 29Temporary use of land for carrying out the authorised development
  36. 30Temporary use of land for construction compound
  37. 31Temporary use of land for maintaining the authorised development
  38. 32Statutory undertakers
  39. 33Apparatus and rights of statutory undertakers in stopped up streets
  40. 34Recovery of costs of new connections
  41. Part 6: OPERATIONS
  42. 35Felling or lopping of trees and removal of hedgerows
  43. Part 7: MISCELLANEOUS AND GENERAL
  44. 36Disapplication of legislative provisions, etc.
  45. 37Application of landlord and tenant law
  46. 38Operational land for purposes of the 1990 Act
  47. 39Defence to proceedings in respect of statutory nuisance
  48. 40Protection of interests
  49. 41Certification of documents, etc.
  50. 42Service of notices
  51. 43Arbitration
  52. Signature
  53. Schedule 1AUTHORISED DEVELOPMENT
  54. Schedule 2: REQUIREMENTS
  55. Part 1: REQUIREMENTS
  56. 1Interpretation
  57. 2Time limits
  58. 3Detailed design
  59. 4Construction environmental management plan
  60. 5Landscaping
  61. 6Contaminated land and groundwater
  62. 7Protected species
  63. 8Surface and foul water drainage
  64. 9Archaeological remains
  65. 10Traffic management
  66. 11Amendments to approved details
  67. 12Fencing
  68. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  69. 13Applications made under requirements
  70. 14Further information
  71. 15Register of requirements
  72. 16Anticipatory steps towards compliance with any requirement
  73. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  74. 1TRUNK ROADS
  75. 2OTHER CLASSIFIED ROADS
  76. 3NON-MOTORISED USER ROUTES
  77. 4ROADS SUBJECT TO 40 MILES PER HOUR LIMIT
  78. Schedule 4: PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS
  79. 1STREETS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  80. 2PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  81. 3STREETS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  82. Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  83. Compensation enactments
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. 3Paragraph 3
  87. Application of Part 1 of the 1965 Act
  88. 4Paragraph 4
  89. 5Paragraph 5
  90. Schedule 6LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  91. Schedule 7: PROTECTIVE PROVISIONS
  92. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. On street apparatus
  96. 3Paragraph 3
  97. Apparatus in stopped up streets
  98. 4Paragraph 4
  99. Protective works to buildings
  100. 5Paragraph 5
  101. Acquisition of land
  102. 6Paragraph 6
  103. Removal of apparatus
  104. 7Paragraph 7
  105. Facilities and rights for alternative apparatus
  106. 8Paragraph 8
  107. Retained apparatus
  108. 9Paragraph 9
  109. Expenses and costs
  110. 10Paragraph 10
  111. 11Paragraph 11
  112. Cooperation
  113. 12Paragraph 12
  114. 13Paragraph 13
  115. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  116. 14Paragraph 14
  117. 15Paragraph 15
  118. 16Paragraph 16
  119. 17Paragraph 17
  120. Schedule 8AMENDMENTS TO THE A19/A184 TESTO’S JUNCTION ALTERATION DEVELOPMENT CONSENT ORDER 2018
  121. Schedule 9DOCUMENTS TO BE CERTIFIED
  122. Explanatory note