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The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013

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SCHEDULES

Articles 2 and 3

SCHEDULE 1AUTHORISED DEVELOPMENT

In the City of Lancaster—

  • A nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act comprising:

  • Work No.1 — he construction of a new dual carriageway road (referred to in this Schedule as “the new road”) 4.8 kilometres in length, starting at A683 Caton Road and ending at the eastern end of the Lancaster – Morecambe bypass at the A683/A589 Morecambe Road roundabout, to include—

    (i)

    the construction of a new M6 motorway junction 34 to include new northbound and southbound slip roads to replace the existing;

    (ii)

    the construction of a 3 metre wide shared footway and cycle track alongside the new road westbound carriageway;

    (iii)

    the widening of A683 Lancaster - Morecambe bypass from the south of Northgate junction northwards to A589 Morecambe Road junction;

    (iv)

    the remodelling of the Northgate Junction. The construction of a retaining wall to protect commercial premises from the widening of A683 Lancaster - Morecambe bypass;

    (v)

    the construction of Hadrian Junction linking a realigned Hadrian Road to the widened A683 Lancaster – Morecambe bypass through a new signalised ‘T’ junction;

    (vi)

    the replacement of the present roundabout on A589 Morecambe Road near Lancaster and Morecambe College with a high-capacity, multi-lane signal controlled crossroads with full pedestrian and cycle facilities;

    (vii)

    the reconfiguration of access, exit and internal circulation to McDonald’s restaurant at College junction;

    (viii)

    the construction of Thorpe View underpass to connect the Lancaster and Morecambe College campus to severed sports fields west of the new road. Diversion of a stream currently running through Lancaster and Morecambe College Campus to a new course along the west side of the new road;

    (ix)

    the construction of Torrisholme Road Bridge and realignment of Torrisholme Road, including a connection between the footway and cycle track alongside the new road and Torrisholme Road. Alteration to the sewers from 179 Torrisholme Road;

    (x)

    the realignment of Barley Cop Lane with a new ‘T’ junction with the realigned Torrisholme Road, southwest of its current location and the creation of a two-way footway and cycle track to run parallel to Barley Cop Lane from Torrisholme Road to Powder House Lane;

    (xi)

    the installation of highway drainage attenuation pond to the south of the new road in the narrow triangular area between the new road, Barley Cop Lane and Powder House Lane;

    (xii)

    the reshaping of the field bounded by the new road, the Lancaster Canal, Hammerton Hall Lane, Barley Cop Lane and Folly Lane to provide essential mitigation;

    (xiii)

    the construction of the diverted Powder House Lane and Folly Lane, the construction of Folly Railway Bridge, crossing the West Coast Main Line and the diversions of Powder House Lane and Folly Lane. Creation of an eastbound lay-by on the new road midway between Torrisholme Road Bridge and Folly Railway Bridge;

    (xiv)

    the construction of Milestone Canal Bridge over the Lancaster Canal. The construction of an access track linking Hammerton Hall Farm land severed by the new road which will pass under the Milestone Canal Bridge;

    (xv)

    the connection of the new footway and cycle track alongside the new road to the towpath along the west side of the Lancaster Canal;

    (xvi)

    the provision of a westbound lay-by on the new road between the West Coast Main Line and the Lancaster Canal;

    (xvii)

    the construction of the Lancaster Road Link connecting Beaumont Junction roundabout 400 metres to the east of Milestone Canal Bridge with the A6 Lancaster Road via a signal-controlled Lancaster Road Junction, the diversion of the A6 over the new road via construction of Lancaster Road Bridge, and the installation of Beaumont Junction Retaining Wall to protect an electricity transmission tower to the east of Beaumont Junction;.

    (xviii)

    the installation of Beaumont Gate Retaining Wall to protect an electricity transmission tower between the A6 and Beaumont Gate Occupation Bridge;

    (xix)

    the construction of Beaumont Bridge to carry a realigned Green Lane over the new road, and the provision of a westbound lay-by on the new road between Beaumont Gate Occupation Bridge and Beaumont Bridge;.

    (xx)

    the diversion and culverting of Howgill Brook under the new road embankment;

    (xxi)

    the construction of Carus Bridge to carry Kellet Lane over the new road, the severance of an unnamed watercourse and diversion of its outflow into highway drainage, and the creation of an eastbound lay-by on the new road midway between Beaumont Bridge and Carus Bridge;

    (xxii)

    the diversion of a 300 metre section of gas transmission pipeline west of the Shefferlands roundabout;

    (xxiii)

    the construction of Shefferlands Junction; as part of the construction of the new M6 Junction 34, construction of new northbound entry slip road to the M6 northbound from the Shefferlands Junction; and the extension of the existing M6 Foundry Lane Bridge westward to bridge the new northbound entry M6 slip road;

    (xxiv)

    the construction of mitigation measures including planting and mounding for the benefit of Foundry Lane residents;

    (xxv)

    the construction of Shefferlands Bridge to carry the new road over a realigned Halton Road; the construction of a road connecting the new road to Halton Road; and the connection of the bridleway from Green Lane and of a 3 metre shared footway and cycle track to the Halton Road to the west of the new road bridge;

    (xxvi)

    the construction of the Lune West Bridge over the River Lune and Lune cycle path, and the diversion of footpath FP9 (Halton-with-Aughton) under north span of bridge;

    (xxvii)

    the construction of an emergency access to M6 motorway northbound carriageway on the approximate route of the existing northbound entry slip road;

    (xxviii)

    as part of the M6 Junction 34 construction, the construction of new northbound exit slip road commencing from the north of Grimeshaw Lane Bridge and terminating at Croskells Junction on A683 Caton Road; the construction of sign gantries across the new motorway northbound exit slip road, and the installation of Long Bank Wood Retaining Wall to protect a diverted gas transmission pipeline;

    (xxix)

    the creation of the signal-controlled Croskells Junction to the west of the M6 motorway connecting the new road and the northbound exit from the M6 to the A683 Caton Road; the connection of the new road to the Lune cycle path on the west side of the new road prior to the signal-controlled Croskells Junction; and the realignment of Caton Road;

    (xxx)

    the major remodelling of the signal controlled Bulk Green Junction to the east of the M6 Motorway connecting the new southbound slip roads from the M6 motorway to the A683 Caton Road; the widening of the A683 Caton Road; and the installation of a retaining wall to protect Hudson’s Farm from the widening of Caton Road;

    (xxxi)

    the diversion of an 80 metre section of gas transmission pipeline at Long Bank Wood near the new northbound exit slip road of the M6;

    (xxxii)

    the construction of sign gantries over M6 motorway south of junction 34;

    (xxxiii)

    the installation of telecommunication ducts north of Bottomdale Road and east of the M6 motorway; and

    (xxxiv)

    the realignment of Grimeshaw Lane, east of the M6.

    Associated development within the meaning of section 115(2) of the 2008 Act comprising:

  • Work No.2 — the construction of a park and ride facility with 600 car parking spaces including 60 disabled spaces, associated lighting and closed circuit television camera columns, bus crew facilities, bus shelters, fencing and associated landscaping between the M6 motorway, the new motorway northbound exit slip road and the A683 Caton Road;

  • Work No.3 — the creation of the Valley Meadow habitat creation area including opening up the culverted section of Howgill Brook between Green Lane diversion and the new road;

  • Work No.4 — the creation of the Howgill Wood habitat creation area including the diversion of Howgill Brook;

  • Work No.5 — the upgrade of the existing Slynedales culvert and the installation of a new culvert across farmland to the east of the A6 and north of Green Lane, beneath the Lancaster Canal, along Moss Place, Woodlands Road and Halton Road to discharge into Howgill Brook south of Halton Road;

  • Work No.6 — the renovation of the existing River Lune fish spawning pond east of the Lune Aqueduct;

  • Work No.7 — the construction of parking areas and through route for Lancaster and Morecambe College to replace that lost to the authorised development; and the provision of mounding and landscaping;

  • Work No.8 — the improvement of the main entrance to Halton Training Camp;

  • Work No.9 – the construction of Beaumont Gate Occupation Bridge and access tracks linking Beaumont Gate Farm to severed land; and the diversion of footpath FP7 (Slyne-with-Hest) over Beaumont Gate Occupation Bridge;

  • Work No.10 – the creation of Croskells habitat creation area west of the M6 motorway and south of the River Lune between the new road, the M6 motorway and the A683 Caton Road;

  • Work No.11 – the creation of Long Bank Wood habitat creation area west of the proposed M6 northbound exit slip road;

  • Work No.12 – the creation of Torrisholme habitat creation area between the new road, Lancaster Road and Russell Drive in Torrisholme;

  • Work No.13 – the creation of the Beaumont Junction habitat creation area to the northwest of Beaumont Junction;

  • Work No.14 – the creation of the Lune habitat creation area between the River Lune and the Lune cycle path;

  • Work No.15 – the creation of the Bulk Green habitat creation area east of the motorway between the M6, southbound exit slip road and Caton Road;

  • Work No.16 – the creation of Long Bank Brook habitat creation area east of the motorway between the M6 and the southbound entry slip road; and

  • Work No.17 – the improvement of the main entrance to Morecambe Road School.

    and in connection with such works further development within the Order limits consisting of—

    (a)

    ramps, means of access, footpaths and bridleways;

    (b)

    embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, wing walls, highway lighting, fencing and culverts;

    (c)

    works to alter the position of apparatus, including mains, sewers, drains and cables;

    (d)

    works to alter the course of, or otherwise interfere with a watercourse other than a navigable watercourse;

    (e)

    landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised project;

    (f)

    works for the benefit or protection of land affected by the authorised development;

    (g)

    works required for the strengthening, improvement, maintenance, or reconstruction of any streets; and

    (h)

    such other works, including contractor’s compounds, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development and which fall within the scope of the environmental impact assessment.

Article 3

SCHEDULE 2REQUIREMENTS

Interpretation

1.  In this Schedule—

“the approved development plans” means the plans certified in accordance with article 40(1) (certification of plans, etc.);

“heavy goods vehicle” means a heavy goods vehicle of more than 7.5 tonnes gross vehicle weight; and

“the link road” means the dual carriageway link road from the junction of the A683 and the A589 to Junction 34 of the M6 motorway.

Time limits

2.  The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Commencement

3.  Notice of commencement of the authorised development must be given by the undertaker to the relevant planning authority not later than 7 days after the date on which the authorised development is commenced.

Implementation

4.—(1) Except as provided for by sub-paragraph (2), the authorised development must be carried out in accordance with the approved development plans.

(2) Replacement structure general arrangement drawings and landscaping plans may be approved in writing by the relevant planning authority and substituted for the relevant approved development plans provided that the development so altered accords with the environmental statement and falls within the Order limits.

Landscape and ecology

5.—(1) No part of the authorised development is to commence until a written landscape and ecology management plan has been submitted to and approved in writing by the relevant planning authority.

(2) The landscape and ecology management plan must include details of—

(a)landscape and ecological mitigation, compensation and nature conservation measures;

(b)the management and monitoring of landscape and ecological mitigation, compensation and nature conservation measures;

(c)the protection of any European protected species from activities associated with the authorised development;

(d)repeat surveys to be undertaken to confirm the presence of any European protected species including the location of any active bat roosts;

(e)measures to mitigate the effects of the activities associated with the authorised development on European protected species and identified in the surveys required by sub-paragraph (d); and

(f)a programme for implementation of the proposed measures required by sub-paragraphs (c), (d) and (e).

(3) The approved landscape and ecology management plan must be implemented in its entirety unless otherwise agreed in writing by the relevant planning authority.

(4) Where a European protected species is shown to be present no authorised development is to commence until a scheme of protection and mitigation measures prepared after consultation between the relevant planning authority and Natural England has been submitted to and approved in writing by the relevant planning authority and subsequently the authorised development is to be carried out in accordance with the approved scheme.

(5) “European protected species” has the same meaning as in regulations 40 (european protected species of animals) and 44 (european protected species of plants) of the Conservation of Habitats and Species Regulations 2010(1).

Contaminated land

6.—(1) In the event that contaminated materials are found at any time when carrying out the authorised development which were not previously identified in the environmental statement, it must be reported immediately in writing to the relevant planning authority and the undertaker must complete a risk assessment of the contamination.

(2) Where the relevant planning authority determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose, must be submitted to and approved in writing by the relevant planning authority.

(3) Remediation must be carried out in accordance with the approved scheme unless otherwise agreed in writing by the relevant planning authority.

Construction environmental management plan

7.—(1) No part of the authorised development is to commence until a written construction environmental management plan has been submitted to and approved in writing by the relevant planning authority.

(2) The construction environmental management plan must include measures to address—

(a)generation of dust arising during the construction period;

(b)the monitoring of PM10 particulates, including the taking of appropriate mitigation measures if National Air Quality Strategy objectives are exceeded or are predicted to be exceeded;

(c)the routeing of construction vehicles during the construction phase; and

(d)vibration.

(3) The construction of the development must be carried out in accordance with the approved construction environmental management plan.

Noise and vibration

8.—(1) No part of the authorised development is to commence until a plan showing the locations of the acoustic barriers and details of the height, design and materials of the acoustic barriers has been submitted in writing to and approved in writing by, the relevant planning authority.

(2) The acoustic barriers must be erected in accordance with the approved details prior to the opening of the link road and must be retained in position throughout the life of the road.

(3) All construction work must be undertaken in accordance with guidance detailed in the BS5228:2009 code of practice for noise and vibration control on construction and open sites, parts 1 and 2.

(4) All plant, equipment and other machinery used in connection with the construction of the link road must be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer’s specification and must be maintained in accordance with that specification at all times during the carrying out of the authorised development.

Access by construction traffic

9.—(1) No part of the authorised development is to commence until the locations and details of the access points for construction traffic from the public highway into the authorised development have been submitted in writing to, and approved in writing by, the relevant planning authority.

(2) All construction traffic must access the authorised development using an access point approved under sub-paragraph (1) at all times.

Highway approvals and complementary measures

10.—(1) No part of the authorised development is to commence until details of the proposed improvements to Junction 34 of the M6 Motorway as shown in outline on the special roads plan have been submitted in writing to, and approved in writing by, the Secretary of State for Transport.

(2) The details to be submitted under sub-paragraph (1) must include—

(a)details of the interface between the link road and the existing highway alignment;

(b)details of the carriageway markings and lane destinations;

(c)details of drainage, maintenance access, visibility zone requirements, service ducts, signage and lighting;

(d)confirmation of compliance with the current Design Manual for Roads and Bridges (DMRB) and all other Department for Transport standards or with approved relaxations or departures from such standards;

(e)independent stages one and two road safety audits carried out in accordance with current DMRB standards and advice notes, stage two to take into account any recommendations of the stage one road safety audit; and

(f)a project appraisal report pursuant to the New Approach to Appraisal guidance.

(3) No part of the link road is to be opened to vehicular traffic until the highway works approved in accordance with sub-paragraph (1) have been constructed.

(4) The link road must not be opened to vehicular traffic until gateway markings or rumble strips have been marked out on the surface of the A6 to the south of Slyne with Hest village in a position to be first approved in writing by the relevant planning authority.

(5) The Park and Ride site at Junction 34 of the M6 motorway must be completed and available for use before the link road is fully opened to vehicular traffic. The Park and Ride site is to be brought into use when available road space is created on Caton Road but not more than 1 month after the link road has been fully opened. Appropriate supportive priority measures for bus services linking the Park and Ride site to Lancaster City Centre must be implemented within 12 months of the link road being fully opened to traffic.

(6) The link road must not be fully opened to vehicular traffic until an action plan of complementary traffic measures has been submitted to and approved in writing by the relevant planning authority, which must have regard to the findings of Lancaster and Morecambe Vision Board Study and include:

(a)a review of the City Centre gyratory systems;

(b)an investigation into the extension of the proposed Park and Ride network beyond the site at Junction 34 of the M6 Motorway;

(c)a detailed feasibility study for a rapid transit route from Lancaster city centre, rail station and bus station to Morecambe and Heysham; and

(d)a schedule of those measures that are to be implemented.

The action plan must aim to prevent road traffic growth within the central Lancaster area increasing to predicted “do minimum” levels between the opening and design years of the link road (thereby negating planned relief) and contain a timetable for implementation of the measures to be carried out.

(7) The complementary traffic measures set out in the schedule to the action plan approved in accordance with sub-paragraph (6) must be carried out in accordance with the approved timetable or no later than 10 years of the opening of the link road whichever is the earlier.

(8) The link road must not be fully opened to vehicular traffic until the undertaker has completed statutory consultation upon a proposal to make a traffic regulation order prohibiting HGVs from roads forming part of the A6 in central Lancaster and along A589 Morecambe Road east of the link road, except for access.

Building and construction materials - highways

11.—(1) No part of the authorised development is to commence until written details of the materials to be used for the surfacing of the new highway and the adjacent cycleway and footway have been submitted to and approved in writing by the relevant planning authority.

(2) The details submitted under sub-paragraph (1) must include provision for the use of low noise road surfacing materials on the highway.

(3) The authorised development must be carried out using the materials approved under sub-paragraph (1).

Building and construction materials - structures

12.—(1) No part of the authorised development is to commence until written details of the building materials to be used for the external facings of all structures, including bridges, retaining walls and culvert sides and headwalls, have been submitted to and approved in writing by the relevant planning authority.

(2) The authorised development must be carried out using the materials approved under sub-paragraph (1).

Street lighting

13.—(1) No part of the authorised development is to commence until a scheme of the lighting to be erected along the link road has been submitted to and approved in writing by the relevant planning authority.

(2) The scheme submitted under sub-paragraph (1) must include details of—

(a)the areas of the link road to be lit;

(b)the position of the lighting columns and their heights and designs, including any shielding that is to be incorporated into the lighting columns; and

(c)the extent of the light spread from each column.

(3) The authorised development must be carried out in accordance with the scheme approved under sub-paragraph (1).

Soil

14.—(1) All soil must be removed from any part of the Order land that is to be excavated or traversed by heavy vehicles, plant or machinery; or where roads, buildings, plant yards or stores are to be constructed on it, and all such soil must be stored on the site for use in the restoration of the site.

(2) No movement of soil is to occur during the inclusive period between 1 November in any year and 1 March in the following year without the prior written consent of the relevant planning authority, and at all times the stripping, movement and redistribution of soil must be restricted to times when the soil is dry and friable and the ground is sufficiently dry to allow the passage of heavy vehicles, plant and machinery over it without damage to the soil.

(3) No soil is to be sold or otherwise removed from the Order land without the prior written consent of the relevant planning authority.

Hours of working

15.—(1) No delivery or removal of materials or construction works are to take place outside the hours of—

(a)0730 to 1800 hours on Mondays to Fridays (except for Public Holidays); and

(b)0730 to 1500 hours on Saturdays or on Public Holidays.

(2) Sub-paragraph (1) does not prevent—

(a)the use of pumping equipment or the carrying out of essential on-site repairs to plant and machinery; and

(b)delivery or removal of materials or construction works carried out with the prior approval of the relevant planning authority

outside such hours.

Dust and mud during construction

16.—(1) No part of the authorised development is to commence until wheel cleaning facilities have been installed, the design, specification and locations of which must first be submitted in writing to, and approved in writing by, the relevant planning authority.

(2) These facilities must remain in position and be maintained in full working order and be used by all heavy goods vehicles throughout the construction of the authorised development to minimise the risk that dust, mud or other deleterious matter is transferred to the public highway by vehicles leaving the authorised development.

(3) Measures must be taken during road construction operations to minimise the risk that dust or windblown material is carried on to adjacent property and in particular must include the watering of all haul and access roads and the spraying of storage heaps or operational construction areas as necessary during dry weather conditions.

(4) All heavy goods vehicles carrying materials in to or out of the authorised development during the construction of the development must be securely sheeted unless the load is otherwise enclosed.

Safeguarding of watercourses and drainage

17.—(1) Provision must be made for the collection, treatment and disposal of all water entering or arising on the Order land during highway construction operations to ensure that there is no discharge of contaminated or polluted drainage to ground or surface waters.

(2) All foul drainage must be discharged to a public sewer or else to a sealed tank, the contents of which must be removed from the Order land in their entirety.

(3) Any chemical, oil or fuel storage container on the Order land must be sited on an impervious surface with bund walls, and the volume of the bunded area must be the equivalent of 110% of the volume of the container and must contain within its curtilage all fill and draw pipes, vents, gauges and sight glasses.

(4) The drainage system of the bund must be sealed with no discharge to any watercourse, land or underground strata.

(5) No part of the authorised development is to commence until, after consultation with the relevant planning authority and the Environment Agency, a scheme and programme of pollution control measures has been submitted to and approved in writing by the relevant planning authority. The scheme must include measures for sediment removal at all drainage outfalls.

(6) The authorised development must be carried out in accordance with the scheme and programme approved under sub-paragraph (5) unless otherwise approved in writing by the relevant planning authority.

Archaeology

18.—(1) No part of the authorised development is to commence until a written scheme of archaeological investigation has been submitted to and approved in writing by the relevant planning authority.

(2) The authorised development must be carried out at all times in accordance with the scheme approved under sub-paragraph (1) unless otherwise agreed in writing by the relevant planning authority.

(3) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in place and reported to the relevant planning authority in writing within 3 working days.

(4) No construction operations are to take place within 10 metres of such remains for a period of 14 days from the date of such notification unless otherwise agreed in writing by the relevant planning authority.

(5) If the relevant planning authority are of the view that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the investigation and recording of the remains in accordance with details first submitted in writing to, and approved in writing by, the relevant planning authority.

Cultural heritage

19.—(1) No part of the authorised development is to commence until a written cultural heritage scheme and programme has been submitted in writing to, and approved in writing by, the relevant planning authority.

(2) The scheme submitted under sub-paragraph (1) must include details of—

(a)records to be taken to show the current appearance and setting of historic buildings impacted by the works;

(b)mitigation measures to protect—

(i)the boundary stone, described as site no. 48 on page 8.65 of Volume 1, Part A of the environmental statement;

(ii)the canal milestone, described as site no. 79 on page 8.65 of Volume 1, Part A of the environmental statement;

(iii)the milestone on Slyne Road, described as site no. 108 on page 8.65 of Volume 1, Part A of the environmental statement; and

(c)the future use to which the listed building within Cottams Farm is to be put, or if no use is identified, the works that are to be carried out to the building to protect its historical interest and a timescale for their implementation.

(3) The authorised development must be carried out in accordance with the scheme and programme approved under sub-paragraph (1).

Landscaping and management of tree and hedge planting

20.—(1) No part of the authorised development is to commence until a detailed landscaping scheme has been submitted in writing to, and approved in writing by, the relevant planning authority.

(2) All landscaping works must be carried out in accordance with the detailed landscaping scheme approved under sub-paragraph (1).

(3) Any tree or shrub planted as part of the approved detailed landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species as that originally planted, unless otherwise approved in writing by the relevant planning authority.

(4) All hedges and trees forming part of the boundary of the Order land or situated within it (unless shown to be removed in the environmental statement (Volume 1, Part B, Fig 10.5.1)) must be protected from any damage and maintained throughout the authorised development.

(5) If any hedge or tree protected under sub-paragraph (4) is removed, uprooted, destroyed or dies it must be replaced in the first available planting season and afterwards maintained for a period of 5 years.

(6) All areas of the site left undisturbed, and all soil, soil-making material and overburden mounds must be kept free from invasive and noxious weeds throughout the carrying out of the authorised development.

Requirements relating to Lancaster and Morecambe College

21.—(1) The existing access to Lancaster and Morecambe College playing field on the west side of the main car parking area must remain open until the underpass shown on the approved development plans has been constructed and is available for use.

(2) Other than the construction of the embankment and the drainage works between Morecambe Road and Torrisholme Road no works are to be carried out between Morecambe Road and Torrisholme Road until the acoustic barriers alongside the link road between Morecambe Road and Torrisholme Road have been installed.

(3) The authorised development must not be opened to traffic until the acoustic barriers between Morecambe Road and Torrisholme Road (including that on Torrisholme Road Bridge) have been installed.

(4) The existing car park to Lancaster and Morecambe College must remain available for use until the replacement car park has been laid out in accordance with the approved development plans and is available for use as a car park to serve Lancaster and Morecambe College, and the undertaker must not prevent the parking of cars there at any time.

(5) A replacement 6 metre wide surfaced and lit route through the Lancaster and Morecambe College must be provided in accordance with the approved development plans or such other route as may be agreed between Lancaster and Morecambe College and the undertaker subject to Lancaster and Morecambe College obtaining planning permission for such other route before the commencement of work on the replacement route; and the existing through route must remain open until the replacement through route shown on the approved development plans (or such other agreed alternative route) has been constructed and is available for use.

Highway safety measures

22.—(1) No part of the authorised development is to commence until a scheme and programme of highway signage and road safety measures to be provided on Church Brow has been submitted to, and approved in writing by, the relevant planning authority.

(2) The scheme and programme must contain details of –

(a)the type and location of vehicle activated bends sign;

(b)the type, number and location of signs warning of pedestrians in the road;

(c)the number and location of “SLOW” carriageway markings; and

(d)the number and location of gateway markings.

(3) No part of the link road is to be opened to vehicular traffic until the highway signage and road safety measures approved in accordance with sub- paragraph (1) have been implemented in full.

(4) The connecting road from Shefferlands Roundabout to Halton Road must not be opened to vehicular traffic until the undertaker has completed statutory consultation upon a proposal to make a traffic regulation order for a mandatory 20 miles per hour (mph) speed limit on Halton Road, Church Brow and High Road from a point on Halton Road 50 metres west of the centre line of its junction with Halton Hall Gardens to a point on High Road 120 metres south-west of the centre line of its junction with St. Wilfred’s Park.

(5) The connecting road from Shefferlands Roundabout to Halton Road must not be opened to vehicular traffic until the undertaker has completed statutory consulation upon a proposal to make a traffic regulation order for a mandatory speed limit of 30 mph on Halton Road from Halton Army Camp (Gate no 4) to a point 50 metres west of the centre line of its junction with Halton Hall Gardens.

Gas Main Diversion

23.  No part of the link road is to be opened for traffic until the undertaker or National Grid have certified to the Health and Safety Executive that works Nos. 1 (xxii) and 1 (xxxi) have been fully completed.

Article 8

SCHEDULE 3STREETS SUBJECT TO ALTERATION OF LAYOUT

PART 1STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

(1)

Street subject to alteration of layout

(2)

Description of alteration

In the City of Lancaster—
A6 Lancaster RoadThe creation of a temporary length of street during construction works for a distance of 280 metres generally in a southerly direction from 100 metres south of the property known as Morlich to 30 metres north of the property known as Geiranger, reference letter H on street plans Sheet 4, Inset 1.
Kellet LaneThe creation of a temporary length of street during construction works for a distance of 320 metres generally in a south-westerly direction from 170 metres south-west of the entrance to the property known as Beaumont Grange to 50 metres south-west of the property known as Carus Cottage, reference letter L on street plans Sheet 5.
Footpath FP7 (Slyne-with-Hest)Temporary alterations as required in order to maintain safe route for the public across the line of the new road comprised in Work No. 1 during construction until permanent alteration is available across Beaumont Gate Occupation Bridge.
Footpath FP9 (Halton-with-Aughton)Temporary alterations as required to maintain safe route for the public during construction works to adjacent Lune West Bridge.
Footpath FP15 (Quernmore)Temporary alterations as required to maintain safe route for the public during construction works to adjacent Lune West Bridge.
Lune cycle pathTemporary alterations as required to maintain safe route for the public during construction works to adjacent Lune West Bridge.

PART 2STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

(1)

Street subject to alteration of layout

(2)

Description of alteration

In the City of Lancaster—
NorthgateAn increase to the width and alteration of the level of the carriageway and adjoining kerbs, footways and verges for a distance of 130 metres on the eastbound approach and 100 metres on the westbound approach to the junction with A683 Lancaster - Morecambe Bypass.
A683 Lancaster - Morecambe BypassAn increase to the width and alteration of the level of the carriageway and adjoining kerbs, footway and verges for a distance of 550 metres generally in a north-easterly direction commencing 100 metres south-west of the junction with Northgate to the junction with A589/A683 Morecambe Road.
Hadrian RoadAn alteration of the alignment commencing 10 metres east from unnamed cul-de-sac outside No. 2 Hadrian Road to new traffic signal controlled junction on A683 Lancaster - Morecambe Bypass, reference letter B on street plans – Sheet 1, Inset 2; a reduction of the carriageway width of the existing Hadrian Road for a distance of 100 metres in a north-easterly direction from where the new alignment meets the present road to form a new exit road from McDonald’s Restaurant.
Lancaster to Morecambe Cycle trackAn alteration of the alignment to follow the new alignment of Hadrian Road, reference letter A on the street plans – Sheet 1, Inset 2.
A589 Morecambe RoadRemoval of the existing roundabout with the A683 Lancaster – Morecambe Bypass and A683 Morecambe Road and its replacement with signal controlled cross roads; an increase in width, reconstruction and alteration of the level of the kerbs, carriageway and adjoining footways, cycle tracks and verges, for a distance of 250 metres in a westerly direction from the present roundabout.
A683 Morecambe RoadRemoval of the existing roundabout with the A683 Lancaster – Morecambe Bypass and A589 Morecambe Road and its replacement with signal controlled cross roads; an increase in width, reconstruction and alteration of the level of the kerbs, carriageway and adjoining footways, cycle tracks and verges, for a distance of 180 metres in an easterly direction from the present roundabout.
B5321 Lancaster Road/Torrisholme RoadAn increase in width, the provision of cycle track and an alteration of the alignment and level of the carriageway and kerbs and adjoining footways and verges for a distance of 190 metres initially in an easterly and then south-easterly direction commencing at No. 364 Lancaster Road (B5321) to 25 metres north-west of the Torrisholme Road (B5321) entrance to Lancaster and Morecambe College.
Barley Cop LaneAn increase in width, and alteration of the alignment and level of the existing carriageway and verges for a distance of 120 metres initially in a westerly and then south-westerly direction commencing 115 metres west of the entrance to Torrisholme Cricket Club to new priority junction on the realigned B5321 Torrisholme Road, reference letter C on the street plans – Sheet 2, Inset 1.
Powder House LaneAn increase in the width, and alteration of the alignment and level of the existing carriageway and verges for a distance of 420 metres initially in an easterly and then southerly direction to pass beneath the new Folly Railway Bridge, commencing 220 metres north of its existing junction with Barley Cop Lane to new priority junction on Barley Cop Lane, 325 metres east of the existing junction, reference letter D on the street plans – Sheet 3.
Folly LaneAn increase in width, and alteration of the alignment and level of existing carriageway and verges for a distance of 320 metres initially in a south-westerly and then southerly direction to pass beneath the new Folly Railway Bridge, commencing at the property known as Brookside to 80 metres north of its present junction with Barley Cop Lane, reference letter E on the street plans – Sheet 3.
A6 Lancaster RoadAn alteration of the alignment and level of carriageway and kerbs, an increase in width of carriageway and adjoining footways and verges, and the provision of cycle tracks to cross the new Lancaster Road bridge over the new road comprised in Work No. 1 for a distance of 800 metres generally in a southerly direction commencing at the property known as Lonsdale to the access track by the pumping station 50 metres north of the entrance to Beaumont College.
Green LaneAn alteration of the alignment and level, an increase in carriageway and verge width to cross the new Beaumont Bridge over the new road comprised in Work No. 1 for a distance of 300 metres initially in a south-westerly and then south-easterly direction commencing 830 metres south from its junction with Bottomdale Road
Kellet LaneAn alteration of the alignment and level of carriageway to cross new Carus Bridge over the new road comprised in Work No. 1 for a distance of 490 metres in a south-westerly direction commencing 50 metres south-west of the entrance to the property known as Beaumont Grange to the access to Littledale Mews.
Halton RoadAn alteration of the alignment and level of carriageway and kerbs, an increase in carriageway, footway and verge width to pass under new Shefferlands Bridge carrying the new road comprised in Work No. 1 for a distance of 250 metres initially in a westerly and then south-westerly direction commencing at the present bridge carrying the M6 Motorway over Halton Road
A683 Caton Road/Lancaster RoadAn alteration of the alignment and level of carriageway and kerbs, an increase in carriageway, footway and verge widths, the provision of new cycle track, the re-siting of the existing traffic signal controlled junction for M6 Motorway northbound slip roads 100 metres east of the present location, the replacement and remodelling of the existing traffic signal controlled junction for M6 Motorway southbound slip roads at its present location, for a distance of 800 metres initially in a westerly and then south-westerly direction commencing 50 metres east of the entrance to the property known as Tarn View to 40 metres south-west of the entrance to the Holiday Inn Hotel.
M6 Motorway northbound entry slip roadAn alteration of the alignment and level of the carriageway and verge generally in a northerly direction for a distance of 450 metres from Shefferlands junction to the point of merge with the existing M6 Motorway northbound carriageway, as reference letter AA on the special roads plan.
M6 Motorway northbound exit slip roadAn alteration of the alignment and level of the carriageway and verge in a northerly direction for a distance of 530 metres from the point of diverge from the existing M6 Motorway northbound carriageway to a new junction with the exit road from the park and ride, reference letter BB on the special roads plan, and continuing in a northerly direction for a further 230 metres to a new junction on A683 Caton Road 100 metres east of the present junction Caton Road junction.
M6 Motorway southbound entry slip roadAn alteration of the alignment and level of the carriageway and verge in a southerly direction for a distance of 640 metres from A683 Caton Road to the point of merge with the existing M6 Motorway southbound carriageway, reference letter DD on the special roads plan.
M6 Motorway southbound exit slip roadAn alteration of the alignment and level of the carriageway and verge initially in a southerly then easterly and then northerly direction for a distance of 480 metres from the point of diverge from the existing M6 Motorway southbound carriageway to the junction on A683 Caton Road, reference letter CC on the special roads plan.
Footpath FP7 (Slyne-with-Hest)A re-routing of the public footpath to the west of its present route onto Beaumont Gate Occupation Bridge to cross over the route of the new road comprised in Work No. 1, reference letter J on the street plans – Sheet 4, Inset 3.
Footpath FP9 (Halton-with-Aughton)A re-routing of the public footpath to the north of its present route to avoid new north abutment of Lune West Bridge, reference letter O on the street plans – Sheet 7, Inset 1.

Article 9

SCHEDULE 4STREETS SUBJECT TO STREET WORKS

(1)

Location

(2)

Street subject to street works

City of LancasterNorthgate
A683 Lancaster - Morecambe Bypass
Hadrian Road
A589 Morecambe Road
A683 Morecambe Road
B5321 Lancaster Road/Torrisholme Road
Barley Cop Lane
Powder House Lane
Folly Lane
A6 Lancaster Road
Green Lane
Kellet Lane
Halton Road
Bottomdale Road
A683 Caton Road/Lancaster Road
M6 Motorway

Article 11

SCHEDULE 5SPECIAL ROADS

In the City of Lancaster—

1.  A road constructed on a route 452 metres in length, starting at a point 331 metres south of a point on the centreline of Bottomdale Road 104 metres east of its junction with Foundry Lane proceeding in a north-easterly direction to a point 65 metres north of a point on the centre line of Bottomdale Road 5 metres east of the intersection of Bottomdale Road centre line with the centre line of the M6 Motorway, reference letter AA on the special roads plan.

2.  A road constructed on a route 532 metres in length, starting at a point 763 metres south of a point on the centre line of the A683 Caton Road 57 metres west of the intersection of the centre line of the A683 Caton Road with the centre line of the M6 Motorway proceeding in a northerly direction to a point 247 metres south of a point on the centre line of the A683 Caton Road 111 metres west of the intersection of the centre line of the A683 Caton Road with the centre line of the M6 Motorway, reference letter BB on the special roads plan.

3.  A road constructed on a route 484 metres in length, starting at a point 234 metres south of a point on the centre line of the A683 Lancaster Road/Caton Road 34 metres east of the intersection of the centre line of the A683 Lancaster Road/Caton Road with the centre line of the M6 Motorway proceeding in a southerly, then easterly, then northerly direction to a point 18 metres south on the centre line of the A683 Lancaster Road/Caton Road 176 metres east of the intersection of the centre line of the A683 Lancaster Road/Caton Road with the centre line of the M6 Motorway, reference letter CC on the special roads plan.

4.  A road constructed on a route 640 metres in length, starting at a point 16 metres south of a point on the centre line of the A683 Lancaster Road/Caton Road 194 metres east of the intersection of the centre line of the A683 Lancaster Road/Caton Road and the centre line of the M6 Motorway in a southerly and then south-westerly direction to a point 609 metres south of a point on the centre line of the A683 Lancaster Road/Caton Road 12 metres west of the intersection of the centre line of the A683 Lancaster Road/Caton Road with the centre line of the M6 Motorway, reference letter DD on the special roads plan.

Article 12

SCHEDULE 6STREETS TO BE STOPPED UP

PART 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1)

Area

(2)

Street to be stopped up

(3)

Extent of stopping up

(4)

New Street to be substituted

City of LancasterLancaster to Morecambe Cycle TrackFrom a point 40 metres north-east of its junction with the Lancaster to Morecambe Cycle Track in a north-easterly and north-westerly direction for a maximum distance of 205 metresReference Letter A on the street plans (footpath and cycle track)
A north-western part width of Hadrian Road

From a point 25 metres south-west of its junction with the A683/A589 roundabout junction of the A683 Lancaster - Morecambe Bypass and the A589/A683

Morecambe Road in a south-westerly direction for a maximum

distance of 67 metres

Reference Letter B on the street plans
Barley Cop Lane

From its junction with the B5321 Lancaster

Road/Torrisholme Road in an easterly direction for a maximum distance of 73 metres

Reference Letter C on the street plans
Powder House LaneFrom its junction with Barley Cop Lane in a northerly direction for a maximum distance of 190 metresReference Letter D on the street plans
Folly Lane

From a point 76 metres north of its junction with Barley Cop Lane in a north-easterly and northerly direction for a maximum

distance of 284 metres

Reference Letter E on the street plans
A6 Lancaster RoadFrom a point 11 metres north of the northern boundary of the property known as Geiranger in a northerly direction for a maximum distance of 78 metresReference Letters F, G and I on the street plans

Footpath FP7

(Slyne –with-Hest)

From a point 414 metres north of its junction with Green Lane in a northerly, westerly and northerly direction for a maximum distance of 147 metresReference Letter J on the street plans (footpath)
Green Lane

From a point 83 metres south of Howgill Brook in a

southerly direction for a maximum distance of 204 metres

Reference Letter K on the street plans
Kellet Lane

From a point 255 metres south-west of its junction with the

entrance to Beaumont Grange in a south-westerly direction for a maximum distance of 125 metres

Reference Letter M on the street plans
Halton RoadFrom a point 95 metres west of the centreline of the M6 Motorway in an easterly direction for a maximum distance of 46 metresReference Letter N on the street plans

Footpath FP9

(Halton-with-Aughton)

From a point 53 metres south of a point on the south

boundary of Halton Road 44 metres west of the centreline of the M6 Motorway in a southerly and south-westerly direction for a maximum distance of 132 metres

Reference Letter O on the street plans

(footpath)

M6 Motorway (northbound)Northbound entry and exit slip roads from their junction with the A683 Caton Road in a northerly and easterly direction for a maximum distance of 225 metresReference Letters P, Y and Z on the street plans
M6 Motorway (southbound)Southbound entry and exit slip roads from their junction with the A683 Caton Road in a southerly and westerly direction for a maximum distance of 254 metresReference Letters W and X on the street plans

PART 2PRIVATE ACCESSES FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1)

Area

(2)

Private access to be stopped up

(3)

Extent of stopping up

(4)

Private Access to be substituted

City of LancasterAccess X1 on the street plans

To a track from a point 10 metres south of the centreline

of Hadrian Road 104 metres west and south-west of its junction with

the A683/A589 roundabout junction of the A683 Lancaster- Morecambe Bypass and the A589/A683 Morecambe Road in a

south-westerly direction for a distance of 52 metres

Reference Number 1 on the street plans
Access X2 on the street plans

To McDonalds Restaurant from a point on the north

boundary of Hadrian Road 7 metres west of its connection to the roundabout junction of the A683 Lancaster - Morecambe Bypass and the A589/A683 Morecambe Road in a northerly direction

Reference Number 2 on the street plans
Access X3 on the street plans

To McDonalds Restaurant from a point on the south

boundary of the A589 Morecambe Road 80 metres north-west of its connection to the roundabout junction of the A683 Lancaster - Morecambe Bypass and the A589/A683 Morecambe Road

Reference Number 2 on the street plans
Access X4 on the street plansOn the south boundary of Barley Cop Lane at its junction with the B5321 Lancaster Road/Torrisholme Road over the width of the accessReference Number 5 on the street plans
Access X5 on the street plansOn the north boundary of Barley Cop Lane at its junction with the B5321 Lancaster Road/Torrisholme Road over the width of the accessReference Number 6 on the street plans
Access X6 on the street plansOn the north boundary of Barley Cop Lane at a point 15 metres south-east of its junction with the B5321 Lancaster Road/Torrisholme Road over the width of the accessReference Number 8 on the street plans
Access X8 on the street plansOn the north boundary of Folly Lane at a point 80 metres north-west of its junction with Barley Cop Lane over the width of the accessReference Number 16 on the street plans
Access X9 on the street plans

On the west boundary of Folly Lane at a point 110 metres south of the southern boundary of the property known as

Brookside over the width of the access

Reference Number 16 on the street plans
Access X11 on the street plansOn the west boundary of the A6 Lancaster Road at a point 70 metres south of its junction with Turnpike Fold over the width of the accessReference Number 20 on the street plans
Access X12 on the street plansOn the west boundary of the A6 Lancaster Road at a point 93 metres north of the northern boundary of the property known as Geiranger over the width of the accessReference Number 22 on the street plans
Access X14 on the street plansOn the west boundary of the A6 Lancaster Road at a point 77 metres south of the southern boundary of the property known as Morlich over the width of the accessReference Number 22 on the street plans
Access X16 on the street plansOn the west boundary of Green Lane at a point 196 metres south of Howgill Brook over the width of the accessReference Number 28 on the street plans
Access X17 on the street plans

On the west boundary of Kellet Lane at a point 334 metres south-west of its junction with the entrance to Beaumont

Grange over the width of the access

Reference Number 31 on the street plans
Access X20 on the street plansOn the north boundary of Foundry Lane at a point 57 metres west of the centreline of the M6 Motorway over the width of the accessReference Number 33 on the street plans
Access X21 on the street plansOn the south boundary of Foundry Lane at a point 31 metres west of the centreline of the M6 Motorway over the width of the accessReference Number 32 on the street plans
Access X24 on the street plansOn the north boundary of the A683 Caton Road/Lancaster Road at a point 72 metres west of the centreline of the M6 Motorway over the width of the accessReference Number 36 on the street plans
Access X26 on the street plansOn the south boundary of the A683 Caton Road/Lancaster Road at a point 217 metres east of the centreline of the M6 Motorway over the width of the accessReference Number 40 on the street plans
Access X27 on the street plansTo the property known as Croskells Farm on the south boundary of the A683 Caton Road/Lancaster Road at a point 52 metres west of the centreline of the M6 Motorway over the width of the accessReference Number 38 on the street plans
Access X28 on the street plansOn the south boundary of the A683 Caton Road/Lancaster Road at a point 126 metres east of the centreline of the M6 Motorway over the width of the accessReference Number 37 on the street plans
Access X30 on the street plansOn the south boundary of the A683 Caton Road/Lancaster Road at a point 198 metres east of the centreline of the M6 Motorway over the width of the accessReference Number 39 on the street plans
Access X31 on the street plansOn the south boundary of the A683 Caton Road/Lancaster Road at a point 201 metres east of the centreline of the M6 Motorway over the width of the accessReference Number 39 on the street plans
Access X32 on the street plans

Along Grimeshaw Lane from a point 24 metres north-west of the centreline of Grimeshaw Lane Bridge and 41 metres east of the centreline of the M6 Motorway in a

north-westerly direction for a distance of 97 metres

Reference Number 42 on the street plans
Access X33 on the street plansOn the north boundary of Grimeshaw Lane from a point 88 metres north-west of the centreline of Grimeshaw Lane Bridge and 37 metres east of the centreline of the M6 Motorway over the width of the accessReference Number 43 on the street plans

PART 3STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1)

Area

(2)

Street to be stopped up

(3)

Extent of stopping up

City of LancasterFootpath FP12 (Morecambe and Heysham)From a point 10 metres south of a point on the centreline of Hadrian Road 92 metres west and south-west of its junction with the A683/A589 roundabout junction of the A683 Lancaster - Morecambe Bypass and the A589/A683 Morecambe Road in a south-westerly direction for a distance of 52 metres
A northern part width of the B5321 Lancaster Road/Torrisholme RoadFrom a point 66 metres south-east of its junction with Russell Drive in a south-easterly direction for a maximum distance of 53 metres
Shefferlands LaneFrom a point on the north boundary of Halton Road 131 metres west of the centreline of the M6 Motorway in a north-westerly and north-easterly direction for a distance of 230 metres to the west boundary of the M6 Motorway
Foundry LaneFrom a point on 311 metres south-west of its junction with Bottomdale Road in an easterly direction for a distance of 43 metres to the west boundary of the M6 Motorway
Bottomdale Road (embankments only)From a point 23 metres north-west of the centreline of the M6 Motorway in a north-westerly direction for a maximum distance of 45 metres

PART 4PRIVATE ACCESSES FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1)

Area

(2)

Private Access to be stopped up

(3)

Extent of stopping up

City of LancasterAccess X7 on the street plansOn the east boundary of Powder House Lane at a point 133 metres north of the centre of its crossroad junction with Barley Cop Lane over the width of the access
Access X10 on the street plans

On the east boundary of Folly Lane at a point 109 metres south of the southern boundary of the property known as

Brookside over the width of the access

Access X13 on the street plansOn the east boundary of the A6 Lancaster Road at a point 85 metres north of the northern boundary of the property known as Geiranger over the width of the access
Access X15 on the street plansOn the east boundary of the A6 Lancaster Road at a point 52 metres south of the southern boundary of the property known as Morlich over the width of the access
Access X18 on the street plansOn the east boundary of Kellet Lane at a point 301 metres southwest of its junction with the entrance to Beaumont Grange over the width of the access
Access X19 on the street plans

On the east boundary of Kellet Lane at a point 208 metres south-west of its junction with the entrance to Beaumont

Grange over the width of the access

Access X22 on the street plansOn the north boundary of Halton Road at a point 48 metres west of the centreline of the M6 Motorway over the width of the access
Access X23 on the street plansOn the north boundary of the A683 Caton Road/Lancaster Road at a point 188 metres west of the centreline of the M6 Motorway over the width of the access
Access X25 on the street plansOn the north boundary of the A683 Caton Road/Lancaster Road at a point 122 metres east of the centreline of the M6 Motorway over the width of the access
Access X29 on the street plansOn the south boundary of the A683 Caton Road/Lancaster Road at a point 113 metres west of the centreline of the M6 Motorway over the width of the access

Article 13

SCHEDULE 7TEMPORARY PROHIBITION OR RESTRICTION OF USE OF STREETS

(1)

Area

(2)

Temporary prohibition or restriction of use of streets

(3)

Extent of temporary prohibition or restriction of use of streets

City of LancasterNorthgateOver a distance of 130 metres west and 100 metres east from its junction with A683 Lancaster – Morecambe Bypass, the length shown hatched on street plan Sheet 1, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
A683 Lancaster - Morecambe BypassOver a distance of 550 metres from 100 metres south-west of the junction with Northgate north-eastwards to the junction with A589/A683 Morecambe Road, the length shown hatched on street plan Sheet 1; as required to ensure the safety of both the public and the workforce.
Lancaster to Morecambe Cycle TrackShort term closure across construction site as required to ensure the safety of both the public and the workforce, until new permanent route is available.
Hadrian RoadFrom its present junction at the roundabout on A589/A683 Morecambe Road to a point 10 metres east from unnamed cul-de-sac outside No 2 Hadrian Road, as required to ensure the safety of both the public and the workforce, until new permanent route is available. Access to frontages to be maintained at all reasonable times.
A589 Morecambe Road

Over a distance of 250 metres west from the present roundabout, as the length shown hatched on Street Plans, Sheet 1, as required to ensure the safety of both the public and the workforce..

Access to frontages to be maintained at all reasonable times. This street is not to be closed at the same time as B5321 Lancaster Road/Torrisholme Road.

A683 Morecambe Road

Over a distance of 180 metres east from the present roundabout, as the length shown hatched on street plan, Sheet 1, as required to ensure the safety of both the public and the workforce.

Access to frontages to be maintained at all reasonable times. This street is not to be closed at the same time as B5321 Lancaster Road/Torrisholme Road.

B5321 Lancaster Road/Torrisholme Road

Over a distance of 190 metres east and south-east from No. 364 Lancaster Road (B5321) to 25 metres north-west of the Torrisholme Road (B5321) entrance to Lancaster and Morecambe College, as required to ensure the safety of both the public and the workforce.

Access to frontages to be maintained at all reasonable times. This street is not to be closed at the same time as A589/A683 Morecambe Road.

Barley Cop LaneFrom its junction with B5321 Lancaster Road/Torrisholme Road and Powder House Lane, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
Powder House LaneFrom its junction with Barley Cop Lane to its junction with Hasty Brow Road, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
Folly LaneNorth and west from its junction with Barley Cop Lane for a distance of 370 metres, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
A6 Lancaster RoadOver a distance of 800 metres southwards from the property known as Lonsdale to the access track by the pumping station 50 metres north of the entrance to Beaumont College, the length shown hatched on street plan, Sheet 4, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
Green LaneFrom its junction with Bottomdale Road to the junction at Beaumont Hall bridge, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
Kellet Lane

From its junction with Bottomdale Road to the junction with Halton Road, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.

This street is not to be closed at the same time as Bottomdale Road and Halton Road.

Halton Road

From its junction with Kellet Lane to the junction with Church Brow, Halton, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.

This street is not to be closed at the same time as Kellet Lane and Bottomdale Road.

Bottomdale Road

From its junction with Foundry Lane to the junction with Church Brow, Halton, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.

This street is not to be closed at the same time as Kellet Lane and Halton Road.

A683 Caton Road/Lancaster RoadOver a distance of 800 metres west and then south-west from a point 50 metres east of the entrance to the property known as Tarn View to a point 40 metres south-west of the entrance to the Holiday Inn Hotel, the length shown hatched on street plan Sheet 8 as required to ensure safe operations for both the public and the workforce. Access to frontages to be maintained at all reasonable times.
M6 MotorwayOvernight closure between junctions 33 & 34 to allow erection of new sign gantries across the motorway as required.
Footpath FP7 (Slyne –with-Hest)Short term closure across construction site as required to ensure the safety of both the public and the workforce when alternative safe route not feasible, until new permanent route is available.
Footpath FP9 (Halton-with-Aughton)Short term closure across construction site as required during construction of the Lune West Bridge (Work No. 1 (xxvi)) to ensure the safety of both the public and the workforce when alternative safe route for pedestrians not feasible, until new permanent route is available.
Footpath FP15 (Quernmore)Short term closure across construction site as required during construction of the Lune West Bridge (Work No. 1 (xxvi)) to ensure the safety of both the public and the workforce when alternative safe route for pedestrians not feasible.
Lune cycle pathShort term closure across construction site as required during construction of the Lune West Bridge (Work No. 1 (xxvi)) to ensure the safety of both the public and the workforce when alternative safe route for pedestrians not feasible.

Article 14

SCHEDULE 8ACCESS TO AND FROM WORKS

PART 1PUBLIC ACCESS TO AND FROM WORKS

(1)

Area

(2)

Description of access

City of LancasterNew access north-east from College Junction on A589/A683 – street plans Reference a
Footpath and cycle track west off B5321 Torrisholme Road – street plans Reference b
Footpath and cycle track east off B5321 Lancaster Road - within highway authority land – street plans Reference c
Footpath west off Powder House Lane - within highway authority land – street plans Reference d
Footpath west off Powder House Lane - within highway authority land – street plans Reference e
Footpath and cycle track east off Folly Lane - within highway authority land – street plans Reference f
Footpath and cycle track west off Lancaster Canal towpath - within highway authority land – street plans Reference g
New access west off A6 Lancaster Road -Beaumont Link – street plans Reference h
Footpath and cycle track south-west off A6 Lancaster Road - within highway authority land – street plans Reference i
Footpath and bridleway east off Green Lane - within highway authority land – street plans Reference j
Footpath and cycle track north-west off Kellet Lane - within highway authority land – street plans Reference k
New access north off Halton Road – street plans Reference l
Footpath, cycle track and bridleway north-west off Halton Road - within highway authority land – street plans Reference m
New accesses north from Croskells junction, Caton Road – street plans Reference n
Footpath and cycle track north off Caton Road - within highway authority land – street plans Reference o
Footpath and cycle track south off Lune cycle path - within highway authority land – street plans Reference p
New accesses south from Croskells junction, Caton Road – street plans Reference q
Footpath and cycle track north off Barley Cop Lane - within highway authority land – street plans Reference r

PART 2PRIVATE ACCESS TO AND FROM WORKS

(1)

Area

(2)

Description of access

City of LancasterNew private means of access – street plans Reference Number 3
New private means of access – street plans Reference Number 4
New private means of access – street plans Reference Number 7
New private means of access – street plans Reference Number 9
New private means of access – street plans Reference Number 10
New private means of access – street plans Reference Number 11
New private means of access – street plans Reference Number 12
New private means of access – street plans Reference Number 13
New private means of access – street plans Reference Number 14
New private means of access – street plans Reference Number 15
New private means of access – street plans Reference Number 17
New private means of access – street plans Reference Number 18
New private means of access – street plans Reference Number 19
New private means of access – street plans Reference Number 21
New private means of access – street plans Reference Number 23
New private means of access – street plans Reference Number 24
New private means of access – street plans Reference Number 25
New private means of access – street plans Reference Number 26
New private means of access – street plans Reference Number 27
New private means of access – street plans Reference Number 29
New private means of access – street plans Reference Number 30
New private means of access – street plans Reference Number 34
New private means of access – street plans Reference Number 35
New private means of access – street plans Reference Number 41

Article 22(2)

SCHEDULE 9LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1)

Number of land shown on land plans

(2)

Purpose for which rights over the land may be acquired

41The right of access and the right to carry out and maintain landscaping works for 20 years.
42, 60 and 61The right of access, the right to construct, keep, and maintain, and rights for working spaces, in relation to the following works: boundary fences and embankments; the carrying out, and maintenance for 20 years only, of landscaping works; a new access track; wingwalls; a retaining wall; the installation of drainage pipes over land and playing fields forming part of premises known as Lancaster and Morecambe College.
49Right of access to neighbouring land.
52The right to construct, keep, and maintain, and rights for working spaces, in relation to works to erect and maintain boundary fences and embankments; to install and maintain drainage pipes; to construct and maintain wingwalls and foundations; to construct and maintain a retaining wall and foundations; the carrying out, and maintenance for 20 years only, of landscaping works.
56The right to construct, keep and maintain retaining wall over land to the rear, south and north of premises known as Meter House (water), including related rights for working spaces and access.
65aThe right to construct and maintain an open watercourse along the north-west foot of the Heysham to M6 Link Road embankment, south of Torrisholme Road, including related rights for working spaces and access.
65bThe right to construct and maintain an open watercourse along the north-west foot of the Heysham to M6 Link Road embankment, and the right to divert across this land and maintain two water mains south of Torrisholme Road, including related rights for working spaces and access.
65cThe right to construct and maintain a jointing pit for high voltage electricity cables and the right to divert across this land and maintain two water mains south of Torrisholme Road, including related rights for working spaces and access.
65dThe right to divert across this land and maintain two water mains south of Torrisholme Road, including related rights for working spaces and access.
69The right of access, and to construct, keep and maintain, and rights for working spaces, relating to the installation of drainage pipes and construction of a drainage headwall on adjacent land.
94, 95 and 96The right to construct, keep and maintain a bridge to carry the Heysham to M6 Link Road and earthworks for Folly Lane and Powder House Lane diversions; related rights for access and working spaces, including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land and railway track.
108,110 and 112The right to construct, keep and maintain a new bridge to carry the Heysham to M6 Link Road and sheet pile canal protection, related rights for access and working spaces, including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land.
120a and 121aRights to construct, keep and maintain apparatus, to create working spaces and access with or without vehicles, plant and machinery; to construct and maintain a temporary diversion of Lancaster Road (A6) and to regrade land upon removal of temporary diversion.
130, 132, 135, 136, 175 and 176Rights of access, and to construct, keep and maintain, and rights for working spaces and access, relating to new bridges, including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land; for inspection and maintenance of Habitat Creation Area; to maintain culverted watercourse and headwall over grassland, pasture land and cattle grid forming part of Beaumont Gate Farm, including related rights for working spaces and access.
139, 142 to 172 inclusiveThe right of access, to construct, keep and maintain Slynedales culvert including manholes, headwall and outfall cascade, and related rights for working spaces and access across grassland and pasture land forming part of Beaumont Gate Farm, part of Howgill Brook and part of public footpath (FP7) situated east of Lancaster Road (A6), below the Lancaster Canal, along Moss Place, Woodlands Road and Halton Road and Open Space off Halton Road.
182, 184, 185 and 186The right to carry out, and maintain for 20 years, landscaping works.
192b, 193, 194 and 196The right to construct, keep and maintain high pressure gas pipelines and medium pressure gas mains for National Grid in the Shefferlands area, and related rights for working spaces and access.
203Right to install and maintain telecommunication ducts over land and access track.
220The right to construct, keep and maintain drainage pipes and manholes to connect into existing Highways Agency drainage system including related rights for working spaces and access over land, verge and embankment, except those held by or on behalf of the Crown.
222The right to construct, keep and maintain a new bridge to carry the Heysham to M6 Link Road, and related rights for working spaces and access including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land and the River Lune.
228The right to construct, keep and maintain a new bridge to carry the Heysham to M6 Link Road, a reshaped existing cutting slope, a footpath and cycle track, and a culvert; related rights for working spaces and access, including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land (former railway), path, embankments and the Lune cycle path.
238 and 239The right of access, and to maintain an existing culvert in, on, over or under land, car park, landscaped areas forming part of hotel premises known as Holiday Inn Lancaster and footpath (former railway), embankments and the Lune cycle path.
263The right to construct, keep and maintain retaining wall forming part of Hudson’s farm; related rights for working spaces and access.
271The right to carry out, and maintain for 20 years, landscaping works.
275, 277 and 278The right to carry out, and maintain for 20 years, landscaping works.

Article 22(3)

SCHEDULE 10MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(2) has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a)for the words “land is acquired or taken” there are substituted the words “a right over land is purchased from”; and

(b)for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable”.

(3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

(a)for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over land consisting”;

(b)for the word “severance” there are substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”;

(c)for the words “part proposed” there are substituted the words “right proposed”; and

(d)for the words “part is” there are substituted the words “right is”.

Application of the 1965 Act

3.—(1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

(a)the right acquired or to be acquired; or

(b)the land over which the right is or is to be exercisable.

(2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation in case of severance) there is substituted the following section—

7.  In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act..

5.  For section 8 of the 1965 Act (provisions as to divided land) there is substituted the following section—

8.(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a)a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and

(b)before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and—

(i)where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or

(ii)where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs,

the Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013(3) (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice..

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a)section 9(4) (failure by owners to convey);

(b)paragraph 10(3) of Schedule 1 (owners under incapacity);

(c)paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d)paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7.  Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8.  Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9.  Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

Article 28

SCHEDULE 11LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)

Location

(2)

Number of land shown on land plans

(3)

Purpose for which temporary possession may be taken

(4)

Relevant part of the authorised development

City of Lancaster8Temporary working area to construct property boundaryWork No. 1(iv)
9Temporary working area to strengthen existing bridgeWork No. 1(iii)
37Temporary working area to provide new access off Morecambe Road (A589); new egress onto a road connecting to Hadrian Road and to reconfigure internal circulation and car parking layoutWork Nos. 1(v) and (vii)
38Temporary working area to construct and improve the existing accessWork No. 7
39, 40, 43, 47, 48 and 50Access and temporary working area to undertake accommodation works including erection of boundary fencing and gates, extending existing car parking area, construction of new access road and car parking areas and other mitigation works.Work No. 7
41Temporary working area to construct screening moundWork No. 7
44Temporary working area to demolish neighbouring buildingsWork No. 7
67Temporary working area to regrade existing groundWork No. 1(x)
82, 89, 99, 103, 116, 118, 122, 181, 197 and 207Storage areas for soil arising and other materialsWork Nos. 1-17
85Temporary working area to construct new accessWork No. 1(xiii)
89aTemporary working area to lay down beams and other associated materials and to erect cranes in connection with the construction of the new railway bridge on adjoining landWork No. 1(xiii)
93Temporary working area in connection with the construction of the new railway bridgeWork No. 1(xiii)
100Temporary working area to construct new accessWork No. 1(xiii)
102, 104, 105, 106 , 107, 113 and 115Temporary working area in connection with the construction of the new canal bridge including construction and maintenance of a temporary bridge over the canal and connection of new footpath and cycle track to canal towpathWork Nos. 1(xiv) and (xv)
120Temporary working area to construct and maintain temporary diversion of Lancaster Road (A6) and to regrade land upon removal of temporary diversionWork No. 1(xvii)
121Storage areas for soil arising and to regrade land upon removal soil arisingWork No. 1(xvii)
125, 127 and 128Temporary working area on part of Beaumont Gate Farm to regrade existing ground to new level of Lancaster Road (A6) and to improve existing accesses off the stopped up section of Lancaster Road (A6)Work No. 1(xvii)
129, 131, 133 and 134Temporary working area in connection with the construction of the new farm occupation bridge and access track, including regrading landWork No. 9
139, 142 to 173Temporary working areaWork No. 5
140 and 141Temporary right of accessWork No. 5
180Temporary working area to regrade existing ground to new level of Green LaneWork No. 1(xix)
182, 184, 185 and 186Temporary working area to regrade and divert watercourse known as How Gill BrookWork Nos. 1(xx) and 4
183, 189, 190, 192 and 192aTemporary working area to construct and maintain temporary diversion of Kellet Lane and to regrade existing ground to new level of Kellet LaneWork No. 1(xxi)
192b, 193, 194 and 196temporary working areaWork No. 1(xxii)
211 and 212Temporary working area to regrade watercourse known as Cote BeckWork No. 1(xxiii)
217Temporary working area to construct and reconfigure existing main access and entrance gate to Halton Training Camp off Halton RoadWork No. 8
218Compounds and ancillary featuresWork Nos. 1-17
227, 231, 232, 234 and 236Temporary working area to construct the new bridge over the River Lune, to lay down beams and other associated materials, erect cranes and to construct a footpath and cycle track forming part of the Lancaster to Caton Cycle Track – River Lune Cycleway (No. 69) and River Lune Millennium PathWork No. 1(xxvi)
240Temporary working area to construct and improve the existing access to the hotel known as Holiday Inn LancasterWork No. 1(xxix)
241Temporary right of access along access way to the west of the hotel known as Holiday Inn LancasterWork Nos. 1(xxvi) and (xxix)
242Temporary right of access along land (former railway), public footpath (No. 15) and the Lancaster to Caton Cycle Track – River Lune Cycleway (No. 69) and River Lune Millennium Path, Lune Valley Ramble, the Caton Trail and Halton Circular WalkWork No. 1(xxix)
261Temporary working area to construct access track and fence for the premises known as Cuckoo Farm or Ridge FarmWork No. 1(xxviii)
262, 264 and 266Temporary working area to erect retaining wall and to construct new access off Caton Road (A683), and to regrade existing ground, for the property known as Hudson’s FarmWork Nos. 1(xxviii) and (xxxi)
267, 268 and 269Temporary working area to improve the existing access off Caton Road (A683) for the properties known as Tarn View and Three AcresWork No. 1(xxx)
271Temporary working area to construct access track, regrade existing ground, and install drainageWork No. 1(xxx)
275, 277 and 278Temporary working area to realign Grimeshaw LaneWork No. 1(xxxiv)
280, 283, 285 and 287Temporary working area to construct foundations and erect new sign gantryWork No. 1(xxxii)

Article 35

SCHEDULE 12TREES SUBJECT TO TREE PRESERVATION ORDERS

(1)

Type of tree

(2)

Number of tree on land plan

(3)

Work to be carried out

Sessile Oak

(Quercus petraea)

TPO -1

(Barley Cop Lane – south verge 10 metres west of junction with Powder House Lane)

Lopping overhanging branches to prevent damage by construction traffic

Common Ash

(Fraxinusexcelsior)

TPO -2

(Powder House Lane – west verge 50 metres south of junction with Barley Cop Lane)

Lopping overhanging branches to prevent damage by construction traffic

Sycamore

(Acer pseudoplatanus)

TPO -3

(Powder House Lane – west verge 90 metres south of junction with Barley Cop Lane)

Lopping overhanging branches to prevent damage by construction traffic

Sycamore

(Acer pseudoplatanus)

TPO 4

(Powder House Lane – west verge 100 metres south of junction with Barley Cop Lane)

Lopping overhanging branches to prevent damage by construction traffic

Sycamore

(Acer pseudoplatanus)

TPO -5

(Powder House Lane – west verge 110 metres south of junction with Barley Cop Lane)

Lopping overhanging branches to prevent damage by construction traffic

Article 39

SCHEDULE 13FOR THE PROTECTION OF THE CANAL & RIVER TRUST

Interpretation

1.—(1) For the protection of the Trust the following provisions of this Schedule, unless otherwise agreed in writing between the undertaker and the Trust, have effect.

(2) In this Schedule

“Authorised works” means the construction of any works authorised by this Order;

“construction”, in relation to any specified work or protective work, includes–

(a)

the execution and placing of that work; and

(b)

any relaying, renewal, or maintenance of that work as may be carried out during the period of 12 months from the completion of that work;

and “construct” and “constructed” have corresponding meanings;

“detriment” means any damage to the waterway or any other property of the Trust and, without limitation on the scope of that meaning, includes—

(i)

any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths);

(ii)

the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway;

(iii)

the deposit of materials or the siltation of the waterway so as to materially damage the waterway;

(iv)

the pollution of the waterway;

(v)

any significant alteration in the water level of the waterway, or significant interference with the supply of water to it, or drainage of water from it;

(vi)

any material harm to the ecology of the waterway (including any material adverse impact on any site of special scientific interest comprised in the Trust’s network); and

(vii)

(any interference with the exercise by any person of rights over the Trust’s network;

“the engineer” means an engineer appointed by the Trust for the purpose in question;

“plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

“practical completion” means practical completion of all of the specified work notwithstanding that items which would ordinarily be considered snagging items remain outstanding, and the expression “practically complete” and “practically completed” are to be construed accordingly

“protective work” means a work constructed under paragraph 6(3)(a);

“specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way affect the waterway;

“towing path” means the towing path forming part of the waterway;

“the Trust” means the Canal & River Trust;

“the Trust’s network” means the Trust’s network of waterways;

“the waterway” means the Lancaster Canal, and includes any works, lands or premises belonging to the Trust, or under its management or control, and held or used by the Trust in connection with that canal.

Powers requiring Canal & River Trust consent

2.—(1) The undertaker must not under the powers conferred by this Order acquire compulsorily any land of the Trust or any easement or other right over such land, or use any such land, unless such acquisition or use is with the consent of the Trust.

(2) The undertaker must not in the exercise of the powers conferred by this Order obstruct or interfere with pedestrian or vehicular access to the waterway unless such obstruction or interference with such access is with the consent of the Trust.

(3) The undertaker must not exercise the powers conferred by article 13 (temporary prohibition or restriction of use of streets) in relation to any way over land comprised in the waterway unless such exercise is with the consent of the Trust.

(4) Nothing in article 18 (temporary closure of, and works in, the canal) authorises the undertaker—

(a)to discharge any water directly or indirectly into the waterway; or

(b)to carry out any works to, or make any opening in, or otherwise interfere with, the waterway (including its banks and bed),

except with the consent of the Trust and on terms that the Trust may reasonably require, and in accordance with plans approved by, and under the supervision (if given) of, the engineer.

(5) The undertaker must not exercise any power conferred by this Order in such a way as to interfere with the supply of water to or the drainage of water from the waterway unless such exercise is with the consent of the Trust.

(6) The undertaker must not exercise the powers conferred by article 18, or article 19 (authority to survey and investigate land) or section 11(3) of the 1965 Act (power of entry for surveying land), in relation to the waterway unless such exercise is with the consent of the Trust.

(7) The undertaker must not exercise the powers conferred by section 271 of the Town and Country Planning Act 1990, in respect of any right of access to the waterway, unless such exercise is with the consent of the Trust.

(8) The consent of the Trust under sub-paragraphs (1) to (7) and the approval of plans under sub-paragraph (4) must not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions which in the case of article 6 (discharge of water) may include conditions—

(a)specifying the maximum volume of water which may be discharged in any period; and

(b)authorising the Trust on giving reasonable notice (except in an emergency, when the Trust may require immediate suspension) to the undertaker to require the undertaker to suspend the discharge of water or reduce the flow of water where this is necessary by reason of any operational or environmental requirement of the Trust.

Vehicles, plant and machinery

3.  The undertaker must not use any land or property of the Trust forming part of the waterway for the passage or siting of vehicles, plant or machinery employed in the construction of the specified works other than—

(a)with the consent in writing of the engineer whose consent must not be unreasonably withheld; and

(b)subject to compliance with such reasonable requirements as the engineer may from time to time specify—

(i)for the prevention of detriment; or

(ii)in order to avoid or reduce any inconvenience to the Trust, its officers and agents and all other persons lawfully on such land or property,

but nothing in this paragraph applies in relation to anything done in accordance with any approval given by the Trust under paragraph 7.

Fencing

4.  Where so required by the engineer the undertaker must to the reasonable satisfaction of the engineer fence off a specified work or a protective work or take such other steps as the engineer may reasonably require to be taken for the purpose of separating a specified work or a protective work from the waterway, whether on a temporary or permanent basis or both.

Survey of waterway

5.—(1) Before the commencement of the initial construction of any part of the specified works and again following practical completion of the specified works the undertaker must appoint a qualified engineer (“the surveyor”) , to be approved by the Trust and must bear the reasonable cost of the carrying out by the surveyor of a topographical survey (including a dip-survey to measure the depth of the waterway) (“the survey”) of so much of the waterway and of any land and existing works of the undertaker which may provide support for the waterway as will or may be affected by the specified works.

(2) For the purposes of the survey the undertaker must—

(a)on being given reasonable notice (except in case of emergency, when immediate access must be afforded) afford reasonable facilities to the surveyor for access to the site of the specified works and to any land and to existing works of the undertaker which may provide support for the waterway as will or may be affected by the specified works; and

(b)supply the surveyor as soon as reasonably practicable with all such information as the surveyor may reasonably require with regard to such existing works of the undertaker and to the specified works or the method of their construction.

(3) The reasonable costs of the survey are to include the costs of any dewatering or reduction of the water level of any part of the waterway (where reasonably required) which may be effected to facilitate the carrying out of the survey and the provisions of this Schedule apply with all necessary modifications to any such dewatering or reduction in the water level as though the same were specified works.

(4) Copies of the report of the survey must be provided to both the Trust and the undertaker at no cost to the Trust.

Approval of plans, protective works etc.

6.—(1) The undertaker must before commencing construction of any specified work including any temporary works supply to the Trust proper and sufficient plans of that work and such further particulars available to it as the Trust may within 14 days of the submission of the plans reasonably require for the approval of the engineer and must not commence such construction of a specified work until plans of that work have been approved in writing by the engineer or settled by arbitration.

(2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld or delayed, and if within 28 days after such plans (including any other particulars reasonably required under sub-paragraph (1)) have been supplied to the Trust the engineer has not intimated disapproval of those plans and the grounds of disapproval the engineer is deemed to have approved the plans as submitted.

(3) When signifying approval of the plans the engineer may specify

(a)any protective work (whether temporary or permanent) which in the reasonable opinion of the engineer should be carried out before the commencement of a specified work to prevent detriment; and

(b)such other requirements as may be reasonably necessary to prevent detriment;

and such protective works must be constructed by the undertaker or by the Trust at the undertaker’s request without unnecessary delay and the undertaker must not commence the construction of a specified work until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.

(4) The undertaker must pay to the Trust a capitalised sum representing the reasonably increased or additional cost of maintaining and, when necessary, renewing any works, including any permanent protective works provided under sub-paragraph (3), and of carrying out any additional dredging of the waterway necessitated by the exercise of any of the powers of this Order but if the cost of maintaining the waterway, or of works of renewal of the waterway, is reduced in consequence of any such works, a capitalised sum representing such reasonable saving must be set off against any sum payable by the undertaker to the Trust under this paragraph.

(5) In the event that the undertaker fails to complete the construction of, or part of, the specified works the Trust may, if it is reasonably required in order to avoid detriment, construct any of the specified works, or part of such works, (together with any adjoining works) in order to complete the construction of, or part of, the specified works or make such works and the undertaker must reimburse the Trust all costs, fees, charges and expenses it has reasonably incurred in carrying out such works.

Design of works

7.  Without affecting its obligations under the provisions of this Schedule the undertaker must consult, collaborate and respond constructively to any approach, suggestion, proposal or initiative made by the Trust on—

(a)the design and appearance of the specified works, including the materials to be used for their construction; and

(b)the environmental effects of the specified works;

and must have regard to such views as may be expressed by the Trust to the extent that these accord with the requirements of the relevant planning authority in response to such consultation pursuant in particular to the requirements imposed on the Trust by section 22 (general environmental and recreational duties) of the British Waterways Act 1995(4) and to the interest of the Trust in preserving and enhancing the environment of its waterways.

Notice of works

8.  The undertaker must give to the engineer 28 days’ notice of its intention to commence the construction of any of the specified or protective works, or, in the case of repair carried out in an emergency, such notice as may be reasonably practicable so that, in particular, the Trust may where appropriate arrange for the publication of notices bringing those works to the attention of users of the Trust’s network.

Lighting

9.  The undertaker must provide and maintain at its own expense in the vicinity of the specified or protective works such temporary lighting and such signal lights for the control of navigation as the engineer may reasonably require during the construction or failure of the specified or protective works.

Construction of specified works

10.—(1) Any specified or protective works must, when commenced, be constructed—

(a)without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled in accordance with this Schedule and with any requirements made under paragraph 6(3) and paragraph 8;

(b)under the supervision (if given) and to the reasonable satisfaction of the engineer;

(c)in such manner as to cause as little detriment as is reasonably practicable;

(d)in such manner as to cause as little inconvenience as is reasonably practicable to the Trust, its officers and agents and all other persons lawfully using the waterways, except to the extent that temporary obstruction has otherwise been agreed by the Trust.

(2) Nothing in this Order authorises the undertaker to make or maintain any permanent works in or over the waterway so as to impede or prevent passage of any vessel which is of a kind (as to its dimensions) for which the Trust is required by section 105(1)(b) and (2) of the Transport Act 1968(5) to maintain the waterway.

(3) Following the completion of the construction of the specified works the undertaker must restore the waterway to a condition no less satisfactory than its condition immediately prior to the commencement of those works.

Prevention of pollution

11.  The undertaker must not in the course of constructing a specified work or a protective work or otherwise in connection with those works do or permit anything which may result in the pollution of the waterway or the deposit of materials in it and must take such steps as the engineer may reasonably require to avoid or make good any breach of its obligations under this paragraph.

Access to work: provision of information

12.—(1) The undertaker on being given reasonable notice must—

(a)at all times allow reasonable facilities to the engineer for access to a specified work during its construction; and

(b)supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or the method of constructing it.

(2) The Trust on being given reasonable notice must—

(a)at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by the Trust under this Schedule during their construction; and

(b)supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them and the undertaker must reimburse the Trust’s reasonable costs in relation to the supply of such information.

Alterations to waterway

13.—(1) If during the construction of a specified work or a protective work or during a period of 12 months after the completion of those works any alterations or additions, either permanent or temporary, to the waterway are reasonably necessary in consequence of the construction of the specified work or the protective work in order to avoid detriment, the Trust must give to the undertaker reasonable notice in writing specifying the alterations or additions which it considers necessary to avoid detriment and the undertaker must at its own expense and within a time period to be agreed with the Trust carry out such alterations or additions or must pay to the Trust the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by the Trust in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If the cost of maintaining, working or renewing the waterway is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to the Trust under this paragraph.

Maintenance of works

14.  If at any time after the completion of a specified work or a protective work, not being a work vested in the Trust, the Trust gives reasonable notice to the undertaker informing it that the state of maintenance of the work appears to the Trust such that the work is causing or likely to cause detriment, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put the work in such state of maintenance as not to cause such detriment and the Trust must afford the undertaker such access as is required in order for the undertaker to carry out any such works.

Repayment of Canal & River Trust fees, etc.

15.  The undertaker must repay to the Trust all fees, costs, charges and expenses reasonably incurred by the Trust —

(a)in constructing any protective works under the provisions of paragraph 6(3)(a);

(b)in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction or repair of a specified work and any protective works;

(c)in respect of the employment during the construction of the specified works or any protective works of any inspectors, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, watching and lighting any waterway and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of the specified works or any protective works; and

(d)in bringing the specified works or any protective works to the notice of users of the Trust’s network.

Costs of alterations, etc.

16.  Any additional expenses which the Trust may reasonably incur in altering, reconstructing or maintaining the waterway under any powers existing at the date when this Order was made by reason of the existence of a specified workl, provided that 28 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, must be repaid by the undertaker to the Trust .

Making good of detriment; compensation and indemnity, etc.

17.—(1) If any detriment is caused by the construction or failure of the specified works or the protective works if carried out by the undertaker, the undertaker (if so required by the Trust ) must make good such detriment and pay to the Trust all reasonable expenses to which the Trust may be put, and compensation for any loss which the Trust may sustain, in making good or otherwise by reason of the detriment.

(2) The undertaker is responsible for and must make good to the Trust all costs, charges, damages, expenses and losses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by the Trust—

(a)by reason of the construction of a specified work or a protective work or the failure of such a work; or

(b)by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon the construction of a specified work or a protective work;

and subject to sub-paragraph (4) the undertaker must effectively indemnify and hold harmless the Trust from and against all claims and demands arising out of or in connection with any of the matters referred to in paragraphs (a) and (b).

(3) The fact that any act or thing may have been done by the Trust on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision or in accordance with any directions or awards of an arbitrator does not (if it was done without negligence on the part of the Trust or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this paragraph.

(4) The Trust must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.

Details of capitalised sums to be provided

18.  If the Trust or the undertaker cannot jointly agree the formula by which the capitalised sum is calculated it is to be settled by arbitration in accordance with article 42 (arbitration).

Arbitration

19.  Any difference arising between the undertaker and the Trust under this Schedule (other than a difference as to the meaning or construction of this Schedule) is to be referred to and settled by arbitration in accordance with article 42 (arbitration).

(5)

1968 c. 73. This is amended by Schedule 2 to S.I. 2012/1659.

Yn ôl i’r brig

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