The East Midlands Gateway Rail Freight Interchange and Highway Order 2016

SCHEDULES

Articles 2(1) and 3

SCHEDULE 1 AUTHORISED DEVELOPMENT

PART 1 NSIP 1: THE CONSTRUCTION OF A RAIL FREIGHT INTERCHANGE

In the County of Leicestershire and the District of North West Leicestershire

Works No. 1

Within the area of land described on the works plans as Works No. 1—

The construction of a new railway line from the rail freight terminal (Works No. 2) to connect with the existing Castle Donington branch freight only railway line to the north of Lockington, the general arrangement of which is shown on the regulation 6(2) plan (Document 2.4D), including—

(a) construction of a new railway track and associated rail infrastructure;

(b) formation of new railway embankments and all necessary earthworks;

(c) the construction of a railway overbridge to cross Main Street, Lockington and all necessary superstructures and substructures including footings, abutments and wingwalls;

(d) new arrival and departure rail tracks adjacent to the existing railway;

(e) the alteration of the existing railway infrastructure including points and signals; and

(f) diversion of public footpath L83 as shown on the access and rights of way plans (Document 2.3A).

Works No. 2

Within the area of land described on the works plans as Works No. 2—

The construction of a rail freight terminal and rail tracks to connect with the rail tracks described in Works No. 1, the general arrangement of which is shown on the Illustrative Rail Interchange Drawings (Document 2.12A), including—

(a) the construction of an intermodal rail freight loading and unloading terminal including but not exclusively—

(i) rail sidings to load and unload freight;

(ii) freight storage areas; and

(iii) gantry cranes and reach stackers;

(b) earthworks to achieve a terminal plateau;

(c) rail tracks and associated rail infrastructure;

(d) security fencing;

(e) cripple sidings, rail freight terminal refuelling and maintenance areas;

(f) terminal entry and exit barriers, loading lanes, internal roads, gatehouses and parking areas;

(g) rail freight terminal administrative building including staff and visitor welfare facilities;

(h) storage and workshop buildings; and

(i) fuelling facility.

Works No. 3

Within the area of land described on the works plans as Works No. 3—

(1) The construction of rail served warehousing (including ancillary offices) and buildings within the area annotated as Zones A1 to A6 on the parameters plans (Document 2.10), including—

(a) construction of development plateaus;

(b) earthworks to provide development plateaus;

(c) warehouses and ancillary buildings in accordance with the parameters specified on the parameters plans (Document 2.10);

(d) service yards and vehicle parking;

(e) vehicle and pedestrian access routes;

(f) solar energy provision;

(g) vehicle maintenance units;

(h) container storage; and

(i) ancillary buildings.

(2) The demolition of existing farmhouse and associated outbuildings.

Works No. 4

Within the area of land described on the works plans as Works No. 4—

The construction of an intermodal plateau on the area annotated as Zone B on the parameters plans (Document 2.10), including—

(a) earthworks to provide a plateau;

(b) open-air hard paved storage area;

(c) the construction of a vehicular access; and

(d) ancillary buildings including staff welfare facilities.

Works No. 5

Within the area of land described on the works plans as Works No. 5—

(1) The construction of on site infrastructure including—

(a) principal on site private access roads;

(b) roundabout junctions;

(c) access to the site from the A453 connecting to Works No. 8;

(d) footways; and

(e) permissive cycle tracks.

(2) The construction of a bus interchange including—

(a) bus stops and bus stands;

(b) bus interchange buildings; and

(c) ancillary infrastructure to serve the bus interchange.

(3) Advertisements located within the areas indicated and in accordance with the parameters and locations shown (as S1 and S2) on the parameters plans (Document 2.10B).

Works No. 6

Within the area of land described on the works plans as Works No. 6—

(1) The provision of landscaping including—

(a) soft landscaping surrounding the development comprising Works No. 1 (part), 2, 3 and 4;

(b) earthworks (including retaining structures) to create screening bunds;

(c) basins for surface water attenuation (including flood alleviation related drainage infrastructure);

(d) physical works for the provision of new and diverted footpaths, bridleways, and permissive cycle tracks;

(e) boundary treatments (including fencing);

(f) habitat creation; and

(g) retention of existing woodland.

(2) Alterations to emergency accesses to the airport.

(3) Advertisements located within the areas indicated and in accordance with the parameters and locations shown (as S1 and S2), on the parameters plans (Document 2.10B).

PART 2 NSIP 2: THE CONSTRUCTION OF A NEW HIGHWAY

In the County of Leicestershire and the District of North West Leicestershire

Works No. 7

Within the area of land described on the works plans as Works No. 7—

(1) The provision of the A50 (eastbound) to M1 (southbound) and Junction 24 interchange works, the general arrangement of which is shown on the regulation 6(2) plan (Document 2.4A), including—

(a) construction of new A50 to M1 southbound/Junction 24 interchange link roads (part);

(b) a new private access and haul route from the existing quarry to Junction 24 and an adjacent cycle track;

(c) construction of new bridges and retaining walls; and

(d) construction of surface water attenuation basins.

(2) The alteration of Warren Lane north of the A50 referred to in paragraph (1).

(3) The siting of a stock piling area for topsoil and subsoil material.

(4) The construction of temporary haul roads.

PART 3 NSIP 3: THE ALTERATION OF EXISTING HIGHWAYS

In the County of Leicestershire and the District of North West Leicestershire

Works No. 8

Within the area of land described on the works plans as Works No. 8—

(1) The carrying out of the M1 Junction 24A, A50, Warren Lane bridge works, the general arrangement of which is shown on the regulation 6(2) plan (Document 2.4A), including:

(a) removal of the existing roundabout on the A50;

(b) site clearance and excavation works;

(c) new highway to connect the existing highway A50 with—

(i) the new highway described in Works No. 7; and

(ii) the existing M1 southbound diverging at Junction 24A as described in Works No. 13(2); and

(d) realignment of existing kerblines over the existing M1 Warren Lane overbridge.

(2) The carrying out of works to the existing A50, the general arrangement of which is shown on the regulation 6(2) plan (Document 2.4A), including—

(a) removal of existing junctions and access on the A50 north / west bound carriageway, between the A50 and Church Street, Main Street, Hilton Hotel and private farm access;

(b) alterations to the existing A50 east / southbound carriageway to form a two lane single carriageway local access road;

(c) demolition of the existing A50 east / southbound bridge over the former Main Street / Rookery Lane carriageway;

(d) demolition of former BT repeater station;

(e) demolition of existing bridge taking the former Main Street / Rookery Lane carriageway north of Lockington over a tributary of the Lockington Brook;

(f) demolition of a culvert where Main Street north of Lockington crosses a tributary of the Lockington Brook;

(g) alterations to the access to the Hilton Hotel;

(h) removal of abnormal load bay;

(i) removal of the footway on the west side of the A50 between Church Street and Main Street; and

(j) general improvements to the existing footway and cycle track on the east side of the A50 between M1 Junction 24 and Main Street / Rookery Lane.

(3) The carrying out of works to the existing A453, the general arrangement of which is shown on the regulation 6(2) plan (Documents 2.4A and 2.4B), including—

(a) alterations to Junction 24 of the M1 motorway including the provision of a segregated left turn lane from the A453 northbound to A50 north / westbound;

(b) widening and signalisation of the A453 south / westbound approach to Junction 24; and

(c) alterations to the layout of the circulatory carriageway at Junction 24 of the M1 motorway.

(4) Works to the existing A453 / Ashby Road junction to create a signalised roundabout providing access to the main site and the proposed A6 Kegworth Bypass (Works No. 11) the general arrangement of which is shown on the regulation 6(2) plan (Document 2.4B) including the removal of the existing carriageway and construction of new carriageway and the stopping up of public footpath L45 as shown on the access and rights of way plan (Document 2.3E).

(5) Provision of access to the existing pylon and other utility assets as shown indicatively on regulation 6(2) plan (Document 2.4A).

PART 4 ASSOCIATED DEVELOPMENT

Associated development within the meaning of section 115(2) (development for which consent may be granted) of the 2008 Act comprising—

In the County of Leicestershire and the District of North West Leicestershire

Works No. 9

Within the area of land described on the works plans as Works No. 9—

The provision of landscaping including—

(a) soft landscaping surrounding the development comprising part of Works No. 8 and 13;

(b) earthworks including creation of screening bunds;

(c) basins for surface water attenuation;

(d) boundary treatments (including fencing); and

(e) habitat creation.

Works No. 10

Within the area of land described on the works plans as Works No. 10—

(1) Alterations to Diseworth Lane the general arrangement of which is shown on regulation 6(2) plan (Document 2.4A).

(2) Alterations to Church Street the general arrangement of which is shown on regulation 6(2) plan (Document 2.4A) including the construction of a vehicle turning head.

(3) The carrying out of the Main Street realignment works underneath and to the south of the new railway line (Works No. 1) the general arrangement of which is shown on regulation 6(2) plan (Document 2.4A) including—

(a) lowering of the existing former Main Street / Rookery Lane carriageway to provide a local highway to provide access to Lockington; and

(b) the construction of footways and cycle track.

(4) The construction of a diversion to public footpath L73 as shown on the access and rights of way plans (Document 2.3A) to join the proposed footway / cycle track link to be constructed within Works No. 7.

Works No. 11

Within the area of land described on the works plans as Works No. 11—

(1) The construction of a new highway linking the A453 to the A6, bypassing the village of Kegworth, (to be known as the Kegworth Bypass), the general arrangement of which is shown on regulation 6(2) plan (Document 2.4C), including—

(a) the provision of a new roundabout on the existing A6 highway;

(b) new junction to connect with Whatton Road;

(c) drainage swales;

(d) a new bridge over the M1 motorway;

(e) a cattle creep;

(f) the alteration and diversion of existing public footpaths L45A, L54 and L64 as shown the access and rights of way plans (Document 2.3E and 2.3F); and

(g) the construction of a shared use footway and cycle track.

(2) Realignment of Whatton Road to the north and south of the Kegworth Bypass.

(3) The carrying out of the Kegworth Bypass (west) highway drainage works, the general arrangement of which is shown on regulation 6(2) plan (Document 2.4C), including—

(a) construction of highway drainage conveyance systems connecting the western part of Kegworth Bypass (Works No. 11(1)) to a watercourse immediately south of Kegworth village; and

(b) the clearing of and making good to the existing watercourse.

(4) The carrying out of the Kegworth Bypass (east) highway drainage works, the general arrangement of which is shown on regulation 6(2) plan (Document 2.4C), including construction of an attenuation basin and conveyance system to take highway drainage from the eastern part of the proposed Kegworth Bypass (Works No. 11(1)) to the River Soar.

(5) The provision of the Kegworth Bypass accommodation works including—

(a) removal of existing hedgerows and making good;

(b) minor regrading and adjustments to ground levels; and

(c) construction of new farm tracks.

(6) The construction of a new bus and cycle only link road from the Kegworth Bypass to Ashby Road (to be known as the Ashby Road Bus Link), the general arrangement of which is shown on the regulation 6(2) plan (Document 2.4C), including the formation of a new cycle track from the A453 to Ashby Road following the route of the original road and utilising the existing M1 Ashby Road overbridge.

(7) The demolition of existing dwelling and outbuildings.

Works No. 12

Within the area of land described on the works plan as Works No. 12—

The provision of flood alleviation and brook diversion works, the general arrangement of which is shown on regulation 6(2) plan (Document 2.4A and 2.4D), including—

(a) earthworks to provide compensation flood plain;

(b) watercourse diversion works, to take the form of earth open channels;

(c) erosion control features at inlets and outlets;

(d) works to facilitate extension of a railway overbridge over Main Street, Lockington (Works No. 1); and

(e) upgrading existing watercourses.

Works No. 13

Within the area of land described on the works plan as Works No. 13—

(1) Works to the M1 southbound carriageway, the general arrangement of which is shown on the regulation 6(2) plan (Document 2.4A and 2.4B), including—

(a) widening of the M1 southbound carriageway to four lanes between the new merge slip road (Works No. 6(1)) and the existing merge slip road at Junction 24;

(b) construction of a new southbound diverge to Junction 24 and removal of the existing southbound diverge to Junction 24;

(c) alteration to the layout of the southbound merge at Junction 24;

(d) removal of existing gantries; and

(e) erection of new gantries.

(2) Alterations to the M1 southbound to A50 westbound link road at M1 Junction 24A, the general arrangement of which is shown on regulation 6(2) plan (Document 2.4A).

(3) Alterations to the M1 northbound diverge slip road at Junction 24, the general arrangement of which is shown on regulation 6(2) plan (Document 2.4A).

Further works

The following further works—

(1) Within the area of land described on the works plans as Works Nos. 1 to 5 the provision of—

(a) weighbridges;

(b) internal estate roads, maintenance accesses and footways;

(c) cycle parking facilities; and

(d) such other minor works as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development.

(2) Within the area of land described on the works plans as Works Nos. 1 to 6 and 9 the provision of—

(a) bunds, embankments, swales, landscaping and boundary treatments, earthworks and earthwork retaining structures;

(b) the provision of footways, cycle tracks, permissive cycle tracks, bridleways and footpath linkages;

(c) water supply works, foul drainage provision, foul pumping stations, surface water management systems, balancing ponds (surface and underground), attenuation and culverting;

(d) connections to mains services and provision of utilities infrastructure including primary and secondary substations and pressure reducing stations;

(e) diversion of pipelines and services;

(f) demolition of surface structures;

(g) fencing and boundary treatments;

(h) temporary concrete batching plants;

(i) temporary construction compounds and materials and aggregate store;

(j) lighting;

(k) CCTV; and

(l) such other minor works as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development.

(3) Within the area of land described on the works plans as Works Nos. 7, 8 and 10 to 13 the provision of—

(a) site clearance and excavation;

(b) fencing for boundary treatment and noise attenuation;

(c) safety barriers;

(d) surface water drainage works including swales, attenuation and culverting;

(e) ducting;

(f) bunds, embankments, cuttings, landscaping and boundary treatments, earthworks and earthwork retaining structures;

(g) pavements, surface treatments, kerbs and channels;

(h) the provision of footways, cycle tracks, bridleways and footpath linkages;

(i) traffic signs, traffic signals and road markings;

(j) street lighting and electrical equipment;

(k) motorway communications and control equipment;

(l) retaining walls;

(m) diversion of sewers, pipelines, utilities and services;

(n) provision of utilities and services for NSIP 1;

(o) temporary concrete batching plants;

(p) temporary construction compounds and materials and aggregate store;

(q) temporary earthworks material stockpiles; and

(r) such other minor works as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development,

all as approved under the provisions of Schedules 19 and 20 (protection of interests).

Articles 2(1) and 3

SCHEDULE 2 REQUIREMENTS

Time limit

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

Phases of development

2.—(1) No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) is to commence until a written scheme setting out all the phases of the authorised development which must be in accordance with the approach to phasing set out in the construction management framework plan (Document 6.10) and the schedule of archaeological works (Document 6.24), has been submitted to and approved in writing by the local planning authority. The written scheme must include phasing details of—

(a) earthworks;

(b) ecological mitigation;

(c) rail infrastructure;

(d) roads within the main site;

(e) surface water and foul drainage;

(f) development plots;

(g) landscaping; and

(h) mains services.

(2) The authorised development must be carried out in accordance with the phasing as approved in writing by the local planning authority.

(3) The rail terminal constructed as part of Works No. 2 must be constructed and available for use prior to the occupation of more than 260,000 square metres of the rail served warehousing.

Sustainable transport

3.  The provisions of the site wide travel plan (Document 6.25) or any variation of such plan agreed by the sustainable transport working group must be complied with at all times following the commencement of the authorised development.

Design and phasing of highways works

4.  The highway works must be carried out in accordance with details first submitted to and approved by the relevant body in accordance with the provisions of Schedules 19 and 20 (protection of interests).

5.  The undertaker must use reasonable endeavours to complete the highway works identified in column (1) of the table below by no later than the stage of development set out in column (3) of the table below or such alternative later triggers as are agreed by the relevant body identified in column (4) and the local planning authority.

Highway Works

(1) Item as identified on the highway works components plans (Document 2.13)	(2) Description	(3) Stage of Development	(4) Relevant Body
(i)	A453 site access and Kegworth Bypass Junction (not including the bypass itself).	To be completed prior to the occupation of first warehouse to be occupied.	Highways England
(ii)	A50 eastbound to M1 southbound and Junction 24 interchange links; M1 southbound to A50 interchange link; improvements to M1 southbound from Junction 24A to Junction 24; and alterations to Junction 24 roundabout east of M1.	To be completed prior to the occupation of first warehouse to be occupied.	Highways England
(iii)	Construction of local access road to Lockington.	To be completed prior to the occupation of first warehouse to be occupied.	Leicestershire County Council
(iv)	Diseworth Lane alterations.	To be completed prior to the occupation of the first warehouse to be occupied.	Leicestershire County Council
(v)	Church Street works.	To be completed prior to the occupation of the first warehouse to be occupied.	Leicestershire County Council
(vi)	Alterations to Junction 24 roundabout west of M1; improvements to A50 and A453 west of M1; and alterations to M1 northbound exit slip road.	To be completed prior to the occupation of the first warehouse to be occupied.	Highways England
(vii)	Kegworth Bypass including alterations to Ashby Road and Whatton Road.	To be completed prior to the occupation of more than 185,800 square metres (gross internal area) of warehouse floorspace.	Leicestershire County Council
(viii)	M1 overbridges from Ashby Road to A453 and from Kegworth Bypass to A453.	To be completed prior to the occupation of more than 185,800 square metres (gross internal area) of warehouse floorspace.	(1) Highways England (bridge structures) (2) Leicestershire County Council (highway)
(ix)	Warren Lane access and public footpath and cycle track adjacent to A50 interchange links connecting Warren Lane and A453 eastbound.	To be completed prior to the occupation of the first warehouse to be occupied.	Leicestershire County Council

Detailed design approval

6.—(1) The details of each phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) must be in accordance with the design and access statement (Document 6.9). The design and access statement can be reviewed and updated by the undertaker in agreement with the local planning authority.

(2) The details of each phase must include details of the following where they are located within that phase—

(a) rail infrastructure;

(b) embankments and bunds;

(c) vehicular circulation routes;

(d) hard landscaping, cycle tracks, footpaths and bridleways;

(e) surface and foul drainage;

(f) bicycle, motorcycle and vehicle parking;

(g) built development design (including external materials and sustainable energy measures) and layout;

(h) site levels and finished floor levels;

(i) roads within the main site;

(j) intermodal area;

(k) fuelling and maintenance areas;

(l) freight storage area (including containers);

(m) weighbridges;

(n) gatehouses;

(o) fencing walls and other means of enclosure (including acoustic fencing);

(p) substations;

(q) public transport infrastructure; and

(r) footpath specification.

7.  No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) is to commence until the details of that phase required under requirement 6(2) have been submitted to and approved in writing by the local planning authority (following consultation with the airport authority as the statutory aerodrome safeguarding authority when relevant). The authorised development must be carried out in accordance with the details as approved in writing by the local planning authority.

Provision of landscaping and ecological mitigation

8.  No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) is to commence until a written landscaping scheme for that phase (including the strategic landscaping included within that phase) has been submitted to and approved in writing by the local planning authority. The landscaping scheme must be in accordance with the Landscape Framework Plan contained in Chapter 5, Figure 5.12 and the Landscape Strategy contained in Chapter 5 of the environmental statement and must include details of all proposed soft landscaping works, including—

(a) location, number, species, size, layout, method of large trees support, plant protection measures and planting density of any proposed planting;

(b) cultivation, importation of materials and other operations to ensure plant establishment;

(c) details of existing trees to be retained, with measures for their protection during the construction period in accordance with British Standard 5837:2012 “Trees in relation to Design, Demolition and Construction Recommendations”, and to include a schedule of remedial tree works to be carried out in accordance with British Standard 3998:2010 “Tree Works Recommendations” prior to construction commencing;

(d) details of ecological mitigation;

(e) implementation timetables; and

(f) a landscape management plan setting out for a period of 20 years the arrangements for future maintenance including methods of funding and future monitoring, review and the maintenance of new trees, shrubs, hedgerows, woodlands and grassed areas and retained trees, shrubs, hedgerows, woodlands and grassed areas.

Implementation and maintenance of landscaping

9.—(1) All landscaping works (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) must be carried out and maintained in accordance with the landscaping scheme approved under requirement 8 (provision of landscaping and ecological mitigation) to a reasonable standard in accordance with the relevant recommendations of British Standard 4428:1989 “Code of Practice for general landscape operations (excluding hard surfaces)” and British Standard 8545:2014 “Trees: from nursery to independence in the landscape – Recommendations”.

(2) Any tree or shrub planted as part of an approved landscape scheme that, within a period of 10 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 and size as that originally planted, unless the local planning authority gives consent to any variation.

Ecological Management Plan

10.—(1) No phase of the authorised development is to commence until a written ecological management plan for that phase reflecting the survey results and any ecological mitigation and enhancement measures included in the environmental statement has been submitted to and approved in writing by the local planning authority. The management plan may be subject to alteration by prior approval in writing by the local planning authority.

(2) Details of the mitigation and compensation measures must be in accordance with the following principles—

(a) provide continuity of habitat creation throughout the phases of development, habitat types that are lost as a result of a phase of the authorised development must be created as part of the landscape provisions associated with that phase;

(b) ensure that the areas set aside for species-rich grassland creation are in the best location having regard to soil types, aspect, drainage, public use and agricultural use to gain the best chance of successful outcomes;

(c) create at least double the area of each replaceable habitat lost (woodlands, hedges, pond or wetland and semi-improved species-rich grassland); and

(d) create alternative habitats to an agreed form to compensate for the loss of irreplaceable habitats such as veteran trees.

(3) The ecological management plan approved under (1) must include an implementation timetable and must be carried out as approved in writing by the local planning authority.

Construction Environmental Management Plan

11.—(1) No phase of the authorised development is to commence, including any preparatory earthworks or site levelling but excluding archaeological soil movement and ecological mitigation works, until a Construction Environmental Management Plan (“CEMP”) for that phase of development, drafted in accordance with the principles set out in the construction management framework plan (Document 6.10), has been submitted to and approved in writing by the local planning authority or in the case of the highway works by the relevant highway authority and also having regard to any relevant provisions in Schedules 19 and 20 (protection of interests). The CEMP for each phase must include—

(a) details of the methods to control noise arising from construction activities including—

(i) proposals for monitoring of construction noise;

(ii) proposals for the introduction of mitigation measures or alternative working practices where the measurements exceed acceptable limits; and

(iii) proposals for hours of construction and deliveries to and from the site.

(b) details of a dust management plan setting out the methods to be used to control dust and other emissions including smoke from the site;

(c) details of all temporary fencing, temporary buildings, compound areas and parking areas including arrangements for their removal following completion of construction;

(d) details of areas to be used for the storage of plant and construction materials;

(e) details of construction waste management including controlled wastes in accordance with the Site Waste Management Framework Plan (Document 6.11);

(f) details of the facilities to be provided for the storage of fuel, oil and other chemicals, including measures to prevent pollution;

(g) when a phase of the authorised development directly affects a watercourse or flood plain a construction working method statement for such element to cover all works in, over under or within 8 metres of the top of the bank of either watercourse or their floodplains;

(h) details of lighting arrangements for construction purposes;

(i) measures to ensure that construction vehicles do not deposit mud and any other deleterious material on the public highway;

(j) a scheme for the routing of construction heavy goods vehicles accessing the site;

(k) details of temporary mitigation measures to protect biodiversity interests within the site during the construction phases;

(l) advisory signage at public access points advising of possible hazards including the potential for sudden noise;

(m) details of any temporary surface water management system;

(n) details of temporary stopping up of public rights of way and streets;

(o) a traffic management plan; and

(p) details of existing and proposed landscaping which need to be protected during construction.

(2) The CEMP for each phase of development is to be reviewed and updated if necessary to address unacceptable impacts arising from construction works. Each CEMP must be submitted by the undertaker for approval in writing by the local planning authority or in the case of the highway works the relevant highway authority. All construction works must be carried out in accordance with the CEMP as approved.

Earthworks

12.  No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedule 19 (for the protection of Highways England) and 20 (for protection of Leicestershire County Council as highway authority)) is to commence until details of—

(a) the earthworks strategy relating to that phase of development including the management and protection of soils;

(b) an Earthworks Specification for each phase of the development;

(c) cutting slopes and embankment design that would accord with the approved Earthworks Specification;

(d) the extent of any material to be temporarily stored within the site; and

(e) any surplus material to be removed from the site for disposal or material to be imported to the site,

have been approved in advance and in writing by the local planning authority. All earthworks must be carried out in accordance with the details as approved.

Archaeology

13.—(1) No phase of the authorised development is to commence until the undertaker has commissioned a programme of further exploratory investigation in respect of that phase in accordance with section 2 of the schedule of archaeological works (Document 6.24) which has been submitted to and approved in writing by the local planning authority, or in the case of the highway works, the relevant highway authority. The exploratory investigation must be carried out in accordance with the approved programme and must be timed so that the results can inform the scope of the further archaeological mitigation measures, referred to in sub-paragraph (2).

(2) No phase of the authorised development is to commence until a programme of archaeological mitigation measures informed by the exploratory investigation referred to in sub-paragraph (1) has been implemented in accordance with a written scheme of mitigation measures in accordance with section 3 of the schedule of archaeological works (Document 6.24) which has been approved in writing by the local planning authority, or in the case of the highway works, the relevant highway authority. The written scheme of mitigation measures must include and make provision for the following elements—

(a) mitigation fieldwork;

(b) post-mitigation fieldwork and analysis;

(c) reporting and dissemination of findings; and

(d) preparation of site archive, arrangements for deposition and sustainable management at a store approved in writing by the relevant planning authority.

(3) The approved mitigation measures must be carried out in accordance with the relevant written scheme of mitigation measures for that phase of the authorised development.

Lighting details

14.—(1) Prior to the commencement of each phase of the authorised development, details of the proposed permanent external lighting in that phase must be submitted to and approved in writing by the local planning authority or in the case of the highway works the relevant highway authority. The lighting details must accord with the principles established in the lighting proposal set out in Chapter 12 of the environmental statement.

(2) The approved lighting scheme must be implemented and maintained as approved in writing by the local planning authority or in the case of the highway works the relevant highway authority during operation of the authorised development and no external lighting other than that approved under this requirement may be installed.

(3) The details submitted under this requirement must include details of any lighting on any gantry cranes included in the phase concerned.

Building sustainability

15.—(1) No development of a warehouse may take place until a BREEAM Pre-Assessment Report based upon the BREEAM 2011 method (or equivalent) has been submitted to and approved in writing by the local planning authority demonstrating that the unit is expected to achieve at least a BREEAM 2011 “Very Good” rating (BREEAM Industrial 2008 “Excellent”).

(2) The development of each of the warehouses must be carried out in accordance with the details in the BREEAM Pre-Assessment Report (or equivalent) for that unit and a certificate must be provided within three months of completion or occupation (whichever is the sooner) of each warehouse confirming that the measures in respect of that warehouse committed to within the Pre-Assessment Report have been implemented.

Flood risk and surface water drainage

16.  The authorised development must be carried out in accordance with the mitigation measures detailed within sections 3.0 and 4.0 of the Flood Risk Assessment and section 5.0 of the Water Framework Direction Assessment submitted with the application as part of the environmental statement (Document 5.2) or be carried out in accordance with any variation to these measures agreed in writing with the Environment Agency, the lead local flood authority or the approving body under Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010(1), whichever of these is the body having jurisdiction over the watercourse in question.

17.—(1) No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) may commence until a surface water drainage scheme for that phase based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development in accordance with the Surface Water Drainage Strategy in Chapter 8 of the environmental statement (Document 5.2) has been submitted to and approved in writing by the local planning authority or such other approval process that is put in place under the Flood and Water Management Act 2010. The scheme must include—

(a) limiting the surface water run-off generated by all rainfall events up to the 1:100 year plus 20% (for climate change) critical rain storm so that it will not exceed the peak run-off rate from the undeveloped site and not increase the risk of flooding off-site;

(b) provision of surface water run-off attenuation storage to accommodate the difference between the allowable discharge rate and all rainfall events up to the 1:100 year plus 20% (for climate change) critical rain storm;

(c) detailed design (plans, cross sections and calculations) in support of any surface water drainage scheme, including details of any attenuation system, and the outfall arrangements; and

(d) details of how the scheme must be monitored, maintained and managed after completion.

(2) The surface water drainage scheme must be implemented in accordance with the details approved by the local planning authority or in accordance with any variations to the details agreed in writing by the local planning authority prior to the completion of the authorised development.

18.  Any element of the authorised development which directly affects any floodplain must not be commenced until such time as the floodplain compensation scheme has been submitted to and approved in writing by the local planning authority. The scheme must accord with the principles established in the flood compensation measures set out in Chapter 8 of the environmental statement (Document 5.2). Except for the floodplain compensation scheme itself, no above ground part of the authorised development in any floodplain may be commenced until the relevant compensation scheme has been implemented in full. The scheme must be fully implemented and subsequently maintained in accordance with the timing and phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed in writing by the local planning authority.

Foul water drainage

19.  Prior to the commencement of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)), excluding earthworks, archaeology works or ecological mitigation works, a foul water drainage strategy must be submitted to and approved in writing by the local planning authority. Except where it is constructed in accordance with the approved foul water drainage strategy, no phase of the authorised development is to commence until written details of the foul water drainage system for that phase have been submitted to and approved in writing by the local planning authority. Such details must be implemented as approved by the local planning authority.

Construction hours

20.—(1) Subject to sub-paragraph (2) construction and demolition works (which for the purposes of this requirement excludes archaeological investigations, landscaping works and any non-intrusive internal fit-out works but must include start up and shut down and deliveries) must not take place other than between 07:30 and 19:00 hours on weekdays and 08:00 and 13:00 hours on Saturdays, excluding public holidays, unless otherwise agreed in writing by the local planning authority. Outside the above periods the following working is permitted:

(a) pre-planned construction works to highway or rail infrastructure requiring possessions where first notified to the local planning authority and local residents;

(b) emergency works; and

(c) works which do not cause noise that is audible at the boundary of the Order Limits.

(2) Regardless of sub-paragraph (1) no piling operations are to take place after 18:00 hours unless otherwise agreed in writing by the local planning authority.

(3) Any emergency works carried out under sub-paragraph (1)(b) must be notified to the local planning authority within 72 hours of their commencement.

Construction noise

21.—(1) For normal daytime construction and demolition works carried out on weekdays between 07:30 and 19:00 and on Saturdays between 08:00 and 13:00, the noise level measured at a noise sensitive receptor (as defined in Table 9.24 and Figure B1 of Chapter 9 of the environmental statement (Document 5.2)) must not exceed L_{eq, 12hour} 65 dB(A) wherever practicable. Where this is not practicable prior approval under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974(2) must be obtained.

(2) An assessment of construction and demolition noise must be undertaken in accordance with British Standard 5228:2009 – “Code of Practice for Noise and vibration control on construction and open sites” (Part 1 – Noise) at a noise sensitive receptor. Noise levels must be measured weekly during the stages of construction including ground works, piling and road and rail construction stages unless complaints are received in which case the procedures in requirement 23 (monitoring of complaints) must be followed.

(3) Subject to health and safety requirements, broadband reversing alarms must be employed on mobile plant.

Noise during the operational phase

22.—(1) No part of the authorised development may be brought into use until a written scheme has been submitted to and approved in writing by the local planning authority, for the monitoring of noise generated during the operational phases of the development to establish baseline noise conditions and maximum noise levels to be observed. The scheme must specify the locations from where noise must be monitored, the method of noise measurement (which must be in accordance with British Standard 4142:2014 “Methods for rating and assessing industrial and commercial sound” for fixed plant noise and Calculation of Railway Noise 1995, equivalent successor standards or other agreed measurement methodologies appropriate to the circumstances). The written scheme must also specify the periods within which monitoring of operational noise must take place. The written scheme must be implemented and the maximum noise levels identified afterwards be complied with. This monitoring must be subject to annual reviews to establish the frequency of noise monitoring and the need for continued monitoring.

(2) Prior to installation, details of all mechanical and ventilation plant must be submitted to and approved by the local planning authority. Any fixed plant or ventilation equipment must be installed and operated in accordance with manufacturers’ instructions at all times.

(3) Subject to health and safety requirements, broadband reversing alarms must be employed on mobile plant.

Monitoring of complaints

23.  In the event that justified complaints for noise nuisance are received by the local planning authority, the undertaker must, unless otherwise agreed in writing with the local planning authority, at its own expense, employ a consultant approved by the local planning authority to carry out an assessment of noise from the authorised development, whether relating to noise from construction or operation of the site. The assessment must be carried out to an appropriate methodology agreed with the local planning authority and the results of the assessment must be submitted to the local planning authority within 28 days of the assessment along with suggested remedial measures if considered necessary. The assessment must include a comparison of measured data with the maximum noise levels specified in the scheme approved under requirement 22 (noise during the operational phase) and also include all data which was collected for the purposes of the assessment and certificates of the measuring instrument’s calibration. Any remedial measures considered necessary to comply with the maximum noise levels must be implemented in accordance with a programme agreed in writing by the local planning authority.

Contamination risk

24.—(1) No phase of the authorised development is to commence until a localised contamination report for that phase has been submitted to and approved in writing by the local planning authority.

(2) No development is to commence on any specifically identified localised areas of the site potentially affected by contamination (as detailed in the Preliminary Sources Study Reports (“PSSR”) documents contained within the environmental statement (Document 5.2)) until further investigations and a Risk Based Land Contamination Assessment has been undertaken in line with the recommendations made within the PSSR for that localised area of the site and this has been submitted to and approved in writing by the local planning authority. The Risk Based Land Contamination Assessment must be carried out in accordance with—

(a) British Standard 10175:2011+A1:2013 “Investigation Of Potentially Contaminated Sites Code of Practice”;

(b) British Standard 8576:2013 “Guidance on Investigations for Ground Gas – Permanent Gases and Volatile Organic Compounds (VOCs)”;

(c) British Standard 8485:2007 “Code of Practice for the Characterisation and Remediation from Ground Gas in Affected Developments”; and

(d) CLR 11 “Model Procedures for the Management of Land Contamination”, published by The Environment Agency 2004 (“CLR 11”).

(3) Should any unacceptable risks be identified in the Risk Based Land Contamination Assessment, a Remedial Scheme and a Verification Plan must be prepared and submitted to and agreed in writing by the local planning authority. The Remedial Scheme must be prepared in accordance with the requirements of CLR 11. The Verification Plan must be prepared in accordance with the requirements of—

(a) Evidence Report on the Verification of Remediation of Land Contamination Report SC030114/R1, published by the Environment Agency 2010; and

(b) CLR 11.

(4) If, during the course of development, previously unidentified contamination is discovered, development must cease on that localised area of the site and the contamination must be reported in writing to the local planning authority within 10 working days. Prior to the recommencement of development on that localised area of the site, suitable investigation and Risk Based Land Contamination Assessment for the discovered contamination (to include any required amendments to the Remedial Scheme and Verification Plan) must be submitted to and approved in writing by the local planning authority. The development must then be implemented in accordance with the details approved by the local planning authority and, unless otherwise agreed in writing by the local planning authority, retained as such in perpetuity.

25.—(1) Prior to the commencement of use of any part of the completed development either—

(a) if no remediation scheme or verification was required under requirement 24 (contamination risk) a statement from the undertaker, or their approved agent, must be provided to the local planning authority, stating that no previously unidentified contamination was discovered during the course of development; or

(b) if a remediation scheme and verification plan were agreed under requirement 24, a Verification Investigation must be undertaken in line with the agreed Verification Plan for any works outlined in the Remedial Scheme and a report showing the findings of the Verification Investigation relevant to either the whole development or that part of the development must be submitted to and approved in writing by the local planning authority.

(2) The Verification Investigation Report must—

(a) contain a full description of the works undertaken in accordance with the agreed Remedial Scheme and Verification Plan;

(b) contain results of any additional monitoring or testing carried out between the submission of the Remedial Scheme and the completion of remediation works;

(c) contain Movement Permits for all materials taken to and from the site and a copy of the completed site waste management plan if one was required;

(d) contain Test Certificates of imported material to show that it is suitable for its proposed use;

(e) demonstrate the effectiveness of the approved Remedial Scheme; and

(f) include a statement signed by the undertaker, or the approved agent, confirming that all the works specified in the Remedial Scheme have been completed.

Waste management during the operational phase

26.  No part of the authorised development may be brought into use until a scheme for waste management has been submitted to and approved in writing by the local planning authority. Thereafter the approved scheme must be implemented and maintained for the duration of the operation of the development.

Article 10

SCHEDULE 3 STREETS SUBJECT TO HIGHWAY WORKS

(1) Area	(2) Street subject to highway works
District of North West Leicestershire	M1 motorway – length within the Order limits.
	A50 – length within the Order limits.
	A453 – length within the Order limits.
	A6 – length within the Order limits.
	Diseworth Lane – length within the Order limits.
	Main Street – length within the Order limits.
	C8211 Ashby Road – length within the Order limits.
	East Midlands Airport Access Road – length within the Order limits.
	C8206 Whatton Road – length within the Order limits.
	Church Street – length within the Order limits.

Article 11

SCHEDULE 4 STREETS TO BE PERMANENTLY STOPPED UP

PART 1 STREETS 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
District of North West Leicestershire	A50 highway.	The existing highway within the area marked i on the access and rights of way plans (Document 2.3B) shown by red and white hatching.	(i) Proposed new highway A50 within the area marked vii on the access and rights of way plans (Document 2.3A) shown by blue hatching; (ii) Proposed new highway A50 within the areas marked iii, v and vi on the access and rights of way plans (Documents 2.3A and C) shown by green hatching; (iii) Proposed new highway M1 within the area marked vii on the access and rights of way plans (Documents 2.3A and C) shown by blue hatching.
	M1 Motorway.	The existing highway within the area marked viii on the access and rights of way plans (Document 2.3C) shown by red and white hatching.	(i) Proposed new highway M1 within the area marked ix on the access and rights of way plans (Documents 2.3A and C) shown by blue hatching; and (ii) Proposed new highway A50 within the area marked vi on the access and rights of way plans (Document 2.3C) shown by green hatching.
District of North West Leicestershire	Warren Lane.	The existing highway within the area marked x on the access and rights of way plans (Document 2.3B) shown by red and white hatching.	(i) Proposed new highway A50 within the area marked iii on the access and rights of way plans (Document 2.3A) shown by green hatching; (ii) Proposed local highway within the area marked iv on the access and rights of way plans (Document 2.3A) shown by orange hatching; and (iii) Proposed cycle track between the points marked 8-9 on the access and rights of way plan (Document 2.3A) shown by a dashed pink line on a detailed alignment to be agreed by the relevant highway authority.
	Main Street.	The existing highway within the area marked xi on the access and rights of way plans (Document 2.3B) shown by red and white hatching.	Proposed local highway within the areas marked xii and xiii on the access and rights of way plans (Document 2.3A) shown by orange hatching.
	Rookery Lane.	The existing highway within the area marked xiv on the access and rights of way plans (Document 2.3B) shown by red and white hatching.	Proposed local highway within the area marked xii on the access and rights of way plans (Document 2.3A) shown by orange hatching.
	A50 cycle track.	The existing highway within the area marked xv and xvi on the access and rights of way plans (Document 2.3B) shown by red and white hatching.	Proposed cycle track between the points marked 40-39 on the access and rights of way plans (Document 2.3A) shown by a dashed pink line on a detailed alignment to be agreed by the relevant highway authority.
District of North West Leicestershire	A453.	The existing highway within the area marked xix on the access and rights of way plans (Document 2.3E) shown by red and white hatching.	Proposed new highway A453 within the area marked xx on the access and rights of way plans (Document 2.3E) shown by green hatching.
	C8211 Ashby Road.	The existing highway within the area marked xxi on the access and rights of way plans (Document 2.3E) shown by red and white hatching.	(i) Proposed new highway A6 within the area marked xxii on the access and rights of way plans (Document 2.3E) shown by orange hatching; (ii) Proposed new highway C8211 within the area marked xxiii on the access and rights of way plans (Document 2.3E) shown by orange hatching; and (iii) Proposed cycle track between the points marked 54-55 on the access and rights of way plans (Document 2.3E) shown by a dashed pink line.
District of North West Leicestershire	C8206 Whatton Road.	The existing highway within the areas marked xxiv and xxv on the access and rights of way plans (Document 2.3F) shown by red and white hatching.	(i) Proposed new highway C8206 within the areas marked xxvi and xxviii on the access and rights of way plans (Document 2.3F) shown by orange hatching; (ii) Proposed new highway A6 within the area marked xxvii on the access and rights of way plans (Document 2.3F) shown by orange hatching; and (iii) Proposed local highway within the area marked xxix on the access and rights of way plans (Document 2.3F) shown by orange hatching.

PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
District of North West Leicestershire	M1 southbound Junction 24A earthworks to exit slip road.	The length of street shown hatched red and white and numbered xvii on the access and rights of way plans (Document 2.3B).
	Church Street.	The length of street shown hatched red and white and numbered xviii on the access and rights of way plans (Document 2.3C).

Article 12

SCHEDULE 5 PUBLIC RIGHTS OF WAY TO BE STOPPED UP

PART 1 PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Public right of way to be stopped up	(3) Extent of stopping up	(4) New public right of way or permissive path to be substituted
Parish of Lockington cum Hemington	Public footpath L83 (part).	The existing footpath between the points marked 1-2 on the access and rights of way plans (Document 2.3A) shown with a dashed red line.	Proposed public footpath L83 (part) between the points marked 1-3 on the access and rights of way plans (Document 2.3A) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.
	Public footpath L73 (part).	The existing footpath between the points marked 4-5-6 on the access and rights of way plans (Document 2.3A) shown with a dashed red line.	(i) Proposed public footpath L73 (part) between the points 6-7 marked on the access and rights of way plans (Document 2.3A) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority; and (ii) proposed cycle track between the points marked 7-11 on the access and rights of way plans (Document 2.3A) shown indicatively with a dashed pink line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Kegworth	Public footpath L58 (part).	The existing footpath between the points marked 15-16 on the access and rights of way plans (Document 2.3C) shown with a dashed red line.	Proposed public footpath L58 (part) between the points marked 15-18 on the access and rights of way plans (Document 2.3C) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Lockington cum Hemington	Public bridleway L103 (part).	The existing bridleway between the points marked 22-23-24-25 on the access and rights of way plans (Document 2.3D) shown with a dashed red line.	(i) Proposed public bridleway L103 (part) between the points marked 22-26 on the access and rights of way plans (Document 2.3D) shown indicatively with an unbroken yellow line on a detailed alignment to be agreed with the relevant highway authority; and (ii) Proposed public bridleway L110 between the points marked 22-27-28-29 on the access and rights of way plans (Documents 2.3C and 2.3D) shown indicatively with an unbroken yellow line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Lockington cum Hemington	Public footpath L57 (part).	The existing footpath between the points marked 24-30; 23-31; 32-33 on the access and rights of way plans (Documents 2.3D and 2.3E) shown with a dashed red line.	Proposed permissive cycle track between the points marked 34-35-36-21-37 on the access and rights of way plans (Documents 2.3D and 2.3E) shown indicatively with a dotted pink line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Kegworth	Public footpath L45A (part).	The existing footpath between the points marked 43-44-45 on the access and rights of way plans (Document 2.3E) shown with a dashed red line.	Proposed public footpath L45A (part) between the points marked 45-53 on the access and rights of way plans (Document 2.3E) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.
	Public footpath L54 (part).	The existing footpath between the points marked 48-49 on the access and rights of way plans (Document 2.3F) shown with a dashed red line.	Proposed public footpath L54 (part) between the points marked 48-50; 49-51; 49-52 on the access and rights of way plans (Document 2.3F) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.

PART 2 PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Public right of way to be stopped up	(3) Extent of stopping up
Parish of Kegworth	Public footpath L45 (part).	The existing footpath between the points marked 41-42 on the access and rights of way plans (Document 2.3E) shown with a dashed red line.
	Public footpath L64 (part).	The existing footpath between the points marked 46-47 on the access and rights of way plans (Document 2.3F) shown with a dashed red line.

PART 3 NEW PUBLIC RIGHTS OF WAY TO BE CREATED

(1) Area	(2) Public right of way or permissive way to be created	(3) Extent of new public right of way or permissive way to be created
Parish of Lockington cum Hemington	Cycle track.	The proposed cycle track between the points marked 7-12 on the access and rights of way plans (Documents 2.3A and 2.3C) shown indicatively with a dashed pink line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Kegworth	Permissive cycle track.	The proposed permissive cycle track between the points marked 17-18-19-20-21 on the access and rights of way plans (Documents 2.3C and 2.3E) shown indicatively with a dashed pink line on a detailed alignment to be agreed with the relevant highway authority.
Parishes of Lockington cum Hemington and Kegworth	Public footpath.	The proposed public footpath between the points marked 20-38-28 and 27-38 on the access and rights of way plans (Document 2.3C) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.

Article 14

SCHEDULE 6 PRIVATE MEANS OF ACCESS

PART 1 PRIVATE MEANS OF ACCESS TO BE REPLACED

(1) Area	(2) Extent		(3) Replacement
District of North West Leicestershire		The existing private means of access between the points marked A-B on the access and rights of way plans (Document 2.3A) shown shaded purple.	Replacement private means of access between the points marked A-C on the access and rights of way plans (Document 2.3B) shown hatched turquoise.
		The existing private means of access between the points marked E-F on the access and rights of way plans (Document 2.3B) shown shaded purple.	Replacement private means of access between the points marked E-G on the access and rights of way plans (Document 2.3B) shown hatched turquoise.
		The existing private means of access marked H on the access and rights of way plans (Document 2.3A) shown shaded purple.	Replacement private means of access marked J on the access and rights of way plans (Document 2.3B) shown hatched turquoise.
		The existing private means of access marked K on the access and rights of way plans (Document 2.3B) shown shaded purple.	Replacement private means of accesses between the points marked L-M; L-N; L-O; L-BB and L-BC on the access and rights of way plans (Documents 2.3B and 2.3C) shown hatched turquoise.
District of North West Leicestershire		The existing private means of access Q on the access and rights of way plans (Document 2.3C) shown shaded purple.	Replacement private means of access between the points marked R-S on the access and rights of way plans (Document 2.3C) shown hatched turquoise.
		The existing private means of access between the points marked X-Y on the access and rights of way plans (Document 2.3E) shown shaded purple.	Replacement private means of access between the points marked AA-Y on the access and rights of way plans (Document 2.3E) shown hatched turquoise.
		The existing private means of access between the points marked AF-AG on the access and rights of way plans (Document 2.3E) shown shaded purple.	Replacement private means of access between the points marked AH-AG on the access and rights of way plans (Document 2.3E) shown hatched turquoise.
		The existing private means of access between the points marked AJ-AK on the access and rights of way plans (Document 2.3E) shown shaded purple.	Replacement private means of access between the points marked AM-AK on the access and rights of way plans (Document 2.3E) shown hatched turquoise.
		The existing private means of access between the points marked AJ-AL on the access and rights of way plans (Document 2.3E) shown shaded purple.	Replacement private means of access between the points marked AO-AL on the access and rights of way plans (Document 2.3E) shown hatched turquoise.
		The existing private means of access marked AR on the access and rights of way plans (Document 2.3F) shown shaded purple.	Replacement private means of access marked AU on the access and rights of way plans (Document 2.3F) shown hatched turquoise.
		The existing private means of access marked AZ on the access and rights of way plans (Document 2.3F) shown shaded purple.	Replacement private means of access marked BA on the access and rights of way plans (Document 2.3F) shown hatched turquoise.

PART 2 PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private Means of Access
District of North West Leicestershire	The private means of access shaded purple and marked D on the access and rights of way plans (Document 2.3B).
District of North West Leicestershire	The private means of access shaded purple and marked P on the access and rights of way plans (Document 2.3C).
	The private means of access shaded purple and marked T on the access and rights of way plans (Document 2.3D).
	The private means of access shaded purple and marked U on the access and rights of way plans (Document 2.3D).
	The private means of access shaded purple and marked V on the access and rights of way plans (Document 2.3D).
	The private means of access shaded purple and marked W on the access and rights of way plans (Document 2.3D).
	The private means of access shaded purple and marked X-Z on the access and rights of way plans (Document 2.3E).
	The private means of access shaded purple and marked BE on the access and rights of way plans (Document 2.3A).
	The private means of access shaded purple and marked BF on the access and rights of way plans (Document 2.3D).

PART 3 NEW PRIVATE MEANS OF ACCESS CREATED

(1) Area	(2) Private Means of Access
District of North West Leicestershire	The private means of access hatched turquoise and marked AA-AB on the access and rights of way plans (Document 2.3E).
	The private means of access hatched turquoise and marked AA-AC on the access and rights of way plans (Document 2.3E).
	The private means of access hatched turquoise and marked AD on the access and rights of way plans (Document 2.3E).
	The private means of access hatched turquoise and marked AE on the access and rights of way plans (Document 2.3E).
	The private means of access hatched turquoise and marked AN on the access and rights of way plans (Document 2.3E).
	The private means of access hatched turquoise and marked AP on the access and rights of way plans (Document 2.3E).
	The private means of access hatched turquoise and marked AQ on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire	The private means of access hatched turquoise and marked AS on the access and rights of way plans (Document 2.3F).
	The private means of access hatched turquoise and marked AT on the access and rights of way plans (Document 2.3F).
	The private means of access hatched turquoise and marked AV on the access and rights of way plans (Document 2.3F).
	The private means of access hatched turquoise and marked AW on the access and rights of way plans (Document 2.3F).
	The private means of access hatched turquoise and marked AX on the access and rights of way plans (Document 2.3F).
	The private means of access hatched turquoise and marked AY on the access and rights of way plans (Document 2.3F).
	The private means of access hatched turquoise and marked BD on the access and rights of way plans (Document 2.3B).

Articles 15 and 16

SCHEDULE 7 CLASSIFICATION OF ROADS

PART 1 NEW AND DIVERTED ROADS

(1) Area	(2) Extent of Street	(3) Classification	(4) Classes of Traffic	(5) Relevant Highway Authority
In the District of North West Leicestershire	The length of road shown coloured light blue and between the points 2 and 3 on the highway classifications plans (Document 2.5A).	Special Road	Class I and Class II	Highways England
	The length of road shown coloured light blue and between the points 4 and 5 on the highway classifications plans (Document 2.5A).	Special Road	Class I and Class II	Highways England
	The length of road shown coloured light blue and between the points 6 and 7 on the highway classifications plans (Document 2.5A).	Special Road	Class I and Class II	Highways England
	The length of road shown coloured green and between the points 8 and 9 on the highway classifications plans (Document 2.5A).	Trunk Road	All purpose	Highways England
	The length of road shown coloured green and between the points 10 and 11 on the highway classifications plans (Document 2.5A).	Trunk Road	All purpose	Highways England
	The length of road shown coloured green and between the points 12 and 13 on the highway classifications plans (Document 2.5A).	Trunk Road	All purpose	Highways England
In the District of North West Leicestershire	The length of road shown coloured green and between the points 14, 15, 16 and 17 on the highway classifications plans (Document 2.5B).	Trunk Road	All purpose	Highways England
	The length of road shown coloured green and between the points 16 and 19 on the highway classifications plans (Document 2.5B).	Trunk Road	All purpose	Highways England
	The length of road shown coloured green and between the points 15 and 18 on the highway classifications plans (Document 2.3B).	Trunk Road	All purpose	Highways England
	The length of road shown coloured green and between the points 30, 18, 19 and 29 on the highway classifications plans (Document 2.5B).	Trunk Road	All purpose	Highways England
	The length of road shown coloured green and between the points 18, 37 and 19 on the highway classifications plans (Document 2.5B).	Trunk Road	All purpose	Highways England
	The length of road shown coloured green and between the points 37 and 38 on the highway classifications plans (Document 2.5B).	Principal	All purpose	Leicestershire County Council
	The length of road shown coloured green and following a circular route around points 38 to 39 and returning to 38 on the highway classifications plans (Document 2.5B).	Principal	All purpose	Leicestershire County Council
In the District of North West Leicestershire	The length of road shown coloured pink and between the points 33 and 34 on the highway classifications plans (Document 2.3B).	Classified	All purpose	Leicestershire County Council
	The length of road shown coloured pink and between the points 35 and 36 on the highway classifications plans (Document 2.5B).	Classified	All purpose	Leicestershire County Council
	The length of road shown coloured pink and between the points 43 and 44 on the highway classifications plans (Document 2.3B).	Classified	All purpose	Leicestershire County Council
	The length of road shown coloured brown and between the points 23 and 24 on the highway classifications plans (Document 2.5A).	Unclassified	All purpose	Leicestershire County Council
	The length of road shown coloured brown and between the points 25 and 26 on the highway classifications plans (Document 2.5A).	Unclassified	All purpose	Leicestershire County Council
	The length of road shown coloured brown and between the points 27 and 28 on the highway classifications plans (Document 2.5B).	Unclassified	All purpose	Leicestershire County Council
	The length of road shown coloured brown and between points 41 and 42 on the highway classifications plans (Document 2.5A).	Unclassified	All purpose	Leicestershire County Council

PART 2 EXISTING ROADS

(1) Area	(2) Extent of Street	(3) (i) Current Classification (ii) Highway Authority	(4) Event determining change of classification	(5) Proposed Classification	(6) Classes of Traffic	(7) Highway Authority
In the District of North West Leicestershire	The length of street shown coloured dark blue and between the points 1 and 2 on the highway classifications plans (Document 2.5A).	(i) All Purpose Trunk Road (ii) The Secretary of State for Transport	Opening of new road shown coloured light blue between points 2 and 3 as shown on the highway classifications plans (Document 2.5A).	Special Road	Class I and Class II	Highways England
	The length of street shown coloured red and between the points 20 and 21 on the highway classifications plans (Document 2.5A).	(i) Special Road (ii) The Secretary of State for Transport	Stopping up of M1 southbound slip road within area viii shown by red and white hatching on the access and rights of way plans (Document 2.3C).	Trunk Road	All Purpose	Highways England
	The length of street shown coloured orange and between the points 22 and 23 on the highway classifications plans (Document 2.5A).	(i) All Purpose Trunk Road (ii) The Secretary of State for Transport	Opening of new roads shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).	Unclassified Road	All Purpose	Leicestershire County Council
	The length of street shown coloured orange and between points 25 and 40 on the highway classifications plans (Document 2.5A).	(i) All purpose Trunk Road (ii) The Secretary of State for Transport	Opening of new roads shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).	Unclassified Road	All Purpose	Leicestershire County Council
	The length of street shown coloured dark green and between the points 31 and 32 on the highway classifications plans (Document 2.5B).	(i) Classified All Purpose Road (ii) Leicestershire County Council	Opening of new road shown coloured pink between points 35-36 as shown on the highway classifications plans (Document 2.5B).	Unclassified Road	All Purpose	Leicestershire County Council

Article 17

SCHEDULE 8 SPEED LIMITS

PART 1 EXISTING ORDERS

(1) Statutory Instrument Title	(2) S.I. Number	(3) Changes	(4) Event
The A50 Trunk Road (Derby Southern Bypass) (Derestriction) Order 1998	1998 No. 378	In the Schedule, omit paragraph (x) and substitute— “(x) the eastbound carriageway of the A50 from a point 600 metres west of the A6/A50 Aston Interchange overbridge to a point 138 metres west of the centre point of the M1 Junction 24A underbridge, and the westbound carriageway of the A50 from a point 410 metres north of its roundabout junction with the A453 (M1 Junction 24) to a point 600 metres west of the A6/A50 Aston Interchange overbridge”.	Opening of the new road shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).
The A453 and A50 Trunk Roads (M1 Junction 24, Kegworth, Leicestershire) (40 and 50 Miles Per Hour Speed Limit and Derestriction) Order 2015	2015 No. 1072	In article 2, omit the definition of “the link road”. Omit article 3. In article 4(b), omit “120 metres north of its junction with Church Street”, and substitute “410 metres north of its junction with the roundabout”. Omit articles 4(c), 5 and 7(a).	Opening of the new road shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).

PART 2 ROADS SUBJECT TO 30MPH SPEED LIMIT

(1) Location	(2) Length
Main Street, Lockington	Shown coloured brown between points marked H and J as shown on the speed limit plans (Document 2.7A).

PART 3 ROADS SUBJECT TO 50MPH SPEED LIMIT

(1) Location	(2) Description
A50 eastbound	From a point 138 metres west of the centre point of the M1 underbridge at Junction 24A to its roundabout junction with the A453 (M1 Junction 24) as shown coloured green between points marked B and C as shown on the speed limit plans (Document 2.7A).
Lockington local access road	Shown coloured orange between points F and G as shown on the speed limit plans (Document 2.7A).
A453 southbound	From a point 190 metres south of the circulatory carriageway at M1 Junction 24 to a point 43 metres south of the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange access road; shown coloured green between points K, L, N and O as shown on the speed limit plans (Document 2.7B).
A453 northbound	From a point 122 metres south of the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange access road to a point 345m south of the circulatory carriageway at M1 Junction 24; shown coloured green between points P, Q, R and S as shown on the speed limit plans (Document 2.7B).
A453 signalised roundabout	The circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange to a point 25 metres east of that junction; shown coloured green between points N and Q and R and L as shown on the speed limit plans (Document 2.7B).
A6 Kegworth Bypass	From the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange to a point 25 metres east of that junction; shown coloured green between points N and M, and L and M as shown on the speed limit plans (Document 2.7B).
A6 Kegworth Bypass	Shown coloured orange between points M, T and U as shown on the speed limit plans (Document 2.7B).
C8211 Ashby Road	Shown coloured orange between points T and V as shown on the speed limit plans (Document 2.7B).
A6 London Road	Shown coloured orange forming a circular route between points W, X and returning to W as shown on the speed limit plans (Document 2.7B).
A6 London Road	Shown coloured orange between points X and Y as shown on the speed limit plans (Document 2.7B).
M1 motorway southbound diverge slip road at Junction 24	Between the M1 motorway merge slip road overbridge and its junction with the A50; shown coloured light blue between points Z and AA as shown on the speed limit plans (Document 2.7A).

Article 18

SCHEDULE 9 AMENDMENTS TO EXISTING ORDERS

(1) Statutory Instrument/ Order Title	(2) Statutory Instrument Number if applicable	(3) Changes	(4) Event
The Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963	1963 No. 1172	(77) is to read “Between a point 60 metres north west of its junction with C8207 Side Ley to a point where it meets with the roundabout at M1 Junction 24”.	Opening of the new road shown coloured green between points 37 and 38 as shown on the highway classifications plans (Document 2.5B).
The North East of Birmingham-Nottingham A453 Trunk Road (Prohibition of Waiting) (Clearways) Order 1974	1974 No. 1663	To be revoked in its entirety.	Opening of the A453 signalised roundabout shown coloured green between the points marked 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
The A50 Trunk Road (Derby Southern Bypass) (Prohibition of Right Turns and U-Turns) Order 1998	1998 No. 377	To be revoked in its entirety.	Stopping up of Church Street as shown marked xvii on the access and rights of way plans (Document 2.3C) shown by red and white hatching.
The A50 Trunk Road (Southbound carriageway between M1 Junctions 24 and 24A, Leicestershire) (Prohibition of Entry in Layby) Order 2005	2005 No. 3067	To be revoked in its entirety.	Removal of the lay-by referred to in the Order.
The A50 Trunk Road (Church Street, Lockington, Leicestershire) (Prohibition of Traffic Movements) Order 2006	2006 No. 1144	To be revoked in its entirety.	Stopping up of Church Street as shown marked xviii on the access and rights of way plans (Document 2.3C) shown by red and white hatching.
The Leicestershire County Council (Prohibition of Commercial Vehicles Over 7.5 Tonnes) (Various Parishes) (Western Division) Order 1990 (Amendment No.6) (Parishes of Castle Donington, Isley Cum Langley, Breedon on the Hill, Swannington, Long Whatton, Belton, Osgathorpe, Worthington, Coleorton, Lockington and Hemington and Hathern) Order 1994		In Schedule 2 after “the A6 Parishes of Hathern, Long Whatton and Kegworth (from its junction with the B5234, Parish of Hathern, to its junction with the A453” insert “east of the M1 motorway, between M1 Junction 23A and M1 Junction 24”. In Schedule 3 replace all references to “A6” with “A50”.	(i) Opening of the new road shown coloured green between points 37-38 as shown on the highway classifications plans (Document 2.5B). (ii) Opening of the new roads shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).

Article 19

SCHEDULE 10 CLEARWAYS AND NO WAITING

PART 1 CLEARWAYS

(1) Location	(2) Description	(3) Prohibition of waiting on verges	(4) Event
The roundabout at M1 Junction 24	The circulatory carriageway at the roundabout junction of the A453, A50, A6 and the slip roads leading to and from the M1 Motorway at Junction 24, including all the dedicated filter lanes and segregated left turn lanes at that roundabout; as shown between points i and ii, and from point iii returning to point iii, along the centrelines shown red on the traffic regulation plans (Document 2.6A).	No	Opening of the A453 signalised roundabout shown coloured green between points 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
A453	From the circulatory carriageway at roundabout at M1 Junction 24 to the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange; as shown between points iv and v along the centreline shown red on the traffic regulation plans (Document 2.6A and 2.6B).	No	Opening of the A453 signalised roundabout shown coloured green between points 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
The roundabout junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange	The circulatory carriageway at the roundabout junction of the A453 and the East Midlands Gateway Strategic Rail Freight Interchange; as shown from point vi returning to point vi along the centreline shown green on the traffic regulation plans (Document 2.6B).	Yes	Opening to traffic of the length of road described in columns (1) and (2).
A453	From the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange, to a point 492 metres south of that junction; as shown between points vii and viii along the centreline shown green on the traffic regulation plans (Document 2.6B).	Yes	Opening of the A453 signalised roundabout shown coloured green between points 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
A6 Kegworth Bypass	Between points ix and x along the centreline shown light blue on the traffic regulation plans (Document 2.6B).	No	Opening to traffic of the length of road described in columns (1) and (2).
The roundabout between the A6 London Road and A6 Kegworth Bypass	From point xii returning to point xii along the centreline shown light blue on the traffic regulation plans (Document 2.6B).	No	Opening to traffic of the length of road described in columns (1) and (2).

PART 2 NO WAITING AT ANY TIME

(1) Location	(2) Length	(3) Event
Lockington local access road	Between points xiii and xiv along the centreline shown orange on the traffic regulation plans (Document 2.6A).	Opening to traffic of the length of road described in columns (1) and (2).
Church Street	(i) Between points xv, xvi and xvii along the centreline shown orange on the traffic regulation plans (Document 2.6A); and (ii) Between points xvi and xvii along the centreline shown orange on the traffic regulation plans (Document 2.6A).	Opening to traffic of the length of road described in columns (1) and (2).
C8211	(i) Between points xix, xx and xxi along the centreline shown orange on the traffic regulation plans (Document 2.6B). (ii)Between points xx and xxii along the centreline shown orange on the traffic regulation plans (Document 2.6B).	Opening of the new road shown coloured green between points 37-38 as shown on the highway classifications plans (Document 2.5B).

Article 20

SCHEDULE 11 MOTOR VEHICLE RESTRICTIONS

PART 1 MOTOR VEHICLE ACCESS ONLY RESTRICTIONS

(1) Location	(2) Length
Warren Lane	Between points 13 and 14 along the centreline shown coloured red on the traffic regulation plans (Document 2.6C).

PART 2 ONE WAY STREETS

(1) Location	(2) Length	(3) Direction
Warren Lane	From point 15 to point 16 along the centreline shown coloured green on the traffic regulation plans (Document 2.6C).	South to North

PART 3 PROHIBITION OF ENTRY TO ABNORMAL LOADS LAYBY

(1) Location	(2) Point of Entry
Lay-by within the roundabout at M1 Junction 24 defined with a blue line on the traffic regulation plans (Document 2.6C)	The junctions between the lay-by and the circulatory carriageway at M1 Junction 24; as shown at points 17 or 18 along the centreline shown coloured dark blue on the traffic regulation plans (Document 2.6C).

PART 4 BUSES AND CYCLISTS ONLY

(1) Location	(2) Length
C8211 Ashby Road	Between points 19 and 20 along the centreline shown coloured light blue on the traffic regulation plans (Document 2.6D).

Article 31

SCHEDULE 12 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Number of land shown on land plan	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
District of North West Leicestershire	1/1, 1/7, 1/8	Alteration to existing railway line to facilitate connection to the rail freight interchange.	Works No. 1
	1/2, 1/3	Diversion of footpath L83	Works No. 1
	1/6, 3/3, 3/8, 3/9, 3/10, 3/14	Alterations to existing highway	Works No. 8
	2/15, 2/16, 2/22	Temporary construction access	Works No. 7
	2/21	Diversion of footpath L73	Works No. 10
	3/6	Temporary stock piling area for topsoil and subsoil material	Works No. 7
	4/4, 5/1, 5/2	Alteration to emergency access to East Midlands Airport	Works No. 6
	5/7	Stopping up of footpath L45	Works No. 8
	5/11, 6/7	Temporary construction compounds	Works No. 11
	5/12, 5/16, 5/18, 5/20, 5/21 and 6/5	Removal of existing hedgerows and amending ground levels	Works No. 11
	5/13, 5/14, 5/15, 5/17	Stopping up of footpath L45A	Works No. 11
	6/4	Stopping up of footpath L64	Works No. 11
	6/6, 6/8	Construction of a farm track	Works No. 11

Article 25

SCHEDULE 13 LAND TO WHICH POWERS TO EXTINGUISH RIGHTS DO NOT APPLY

(1) Area	(2) Plot of land shown on Land Plan	(3) Relevant part of Authorised Development
District of North West Leicestershire	2/8	Works No. 12
	2/9	Works No. 8
	2/20	Works No. 10
	2/25	Works No. 8
	2/38	Works No. 8

Article 25

SCHEDULE 14 MODIFICATIONS 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(3) 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 “land is acquired or taken” substitute “a right over land is purchased”; and

(b) for “acquired or taken from him” substitute “over which the right is exercisable”.

(3) In section 58(1)(4) (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, substitute—

“(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether—

(a) a right over land consisting of a house, building or manufactory can be taken without material detriment or damage to the house, building or manufactory; or

(b) a right over land consisting of a park or garden belonging to a house can be taken without seriously affecting the amenity or convenience of the house,

the Upper Tribunal must take into account not only the effect of the acquisition of the right but also the use to be made of the right proposed to be acquired, and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.”.

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) substitute—

“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.—(1) For section 8 of the 1965 Act (provisions as to divided land) substitute—

“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 East Midlands Gateway Rail Freight Interchange and Highway Order 2016(5), in relation to that person, ceases to authorise the purchase of the right and be 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 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 (powers of entry) of the 1965 Act(6) 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(7) (penalty for unauthorised entry) and 13(8) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8.  Section 20 of the 1965 Act(9) (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 38

SCHEDULE 15 FOR THE PROTECTION OF NATIONAL GRID

Application

1.  For the protection of National Grid the following provisions, unless otherwise agreed in writing between the undertaker and National Grid, have effect.

Interpretation

2.  In this Schedule—

“alternative apparatus” means appropriate alternative apparatus to the satisfaction of National Grid to enable it to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—

(a)

in the case of electricity, electric lines or electrical plant as defined in the Electricity Act 1989(10), belonging to or maintained by National Grid Electricity Plc for the purposes of electricity supply; and

(b)

in the case of a gas, any mains, pipes or other apparatus belonging to or maintained by a National Grid Gas Plc for the purposes of gas supply;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

“maintain” and “maintenance” include the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

“National Grid” means National Grid Gas Plc (company number 2006000) and National Grid Electricity Transmission Plc (company number 2366977), both registered at 1-3 Strand, London WC2N 5EH); and

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed.

3.  This Schedule does not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of National Grid in stopped up streets

4.—(1) Where any street is stopped up under article 11 (stopping up of streets), and any apparatus is in the street or accessed via that street, National Grid is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street.

(2) Regardless of the temporary stopping up or diversion of any street under the powers of article 13 (temporary stopping up of streets), National Grid is at liberty at all times to take all necessary access across any such stopped up street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that street.

Acquisition of land

5.  Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference, the undertaker must not acquire any land interest or apparatus, or override any easement or other interest, of National Grid otherwise than by agreement.

Removal of apparatus

6.—(1) If, in the exercise of the agreement reached in accordance with sub-paragraph (5) or in any other authorised manner, the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed, and any right of National Grid to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5) inclusive.

(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid 56 days’ advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its satisfaction (taking into account paragraph 7(1)) the necessary facilities and rights for—

(a) the construction of alternative apparatus in other land of the undertaker; and

(b) subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid, on receipt of a written notice to that effect from the undertaker, must take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation must not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

(5) National Grid must after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Schedule.

(6) For the avoidance of doubt this Schedule applies to apparatus the removal of which is covered by article 32 (apparatus and rights of statutory undertakers in stopped up streets).

Facilities and rights for alternative apparatus

7.—(1) Where, in accordance with the provisions of this Schedule, the undertaker affords to National Grid facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by National Grid.

(2) If the facilities and rights to be afforded by the undertaker and agreed with National Grid under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject then the matter must be determined by arbitration in accordance with article 41 (arbitration) and, the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection for gas undertakers

8.—(1) In this paragraph only, apparatus means apparatus belonging to or maintained by National Grid Gas Plc for the purpose of gas supply and National Grid means National Grid Gas Plc.

(2) Not less than 56 days before the commencement of any authorised works authorised by this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2) or otherwise, the undertaker must submit to National Grid a plan of such works.

(3) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or (wherever situated) impose any load directly upon any apparatus or involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (2) must be detailed including a method statement and describing—

(a) the exact position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(f) intended maintenance regimes.

(4) The undertaker must not commence any works to which sub-paragraph (3) applies until National Grid has given written approval of the plan so submitted.

(5) Any approval of National Grid required under sub-paragraph (4)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6) or (8); and

(b) must not be unreasonably withheld.

(6) In relation to a work to which sub-paragraph (3) applies, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(7) Works to which sub-paragraph (3) applies must be executed only in accordance with the plan, submitted under sub-paragraph (2) or as relevant sub-paragraph (10), as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid is entitled to watch and inspect the execution of those works.

(8) Where National Grid requires any protective works to be carried out either by itself or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to National Grid’s satisfaction prior to the commencement of any relevant part of the authorised development and National Grid must give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraph (2) or (10) (except in an emergency).

(9) If National Grid in accordance with sub-paragraph (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, sub-paragraphs (2) to (4) and (6) to (8) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(11) The undertaker is not required to comply with sub-paragraph (2) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must—

(a) comply with sub-paragraph (3) and (4) in so far as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph (12) at all times.

(12) At all times when carrying out any works authorised under the Order the undertaker must comply with National Grid’s policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22” and HSE’s “HSG47 Avoiding Danger from underground services”.

Retained apparatus: protection for electricity undertakers

9.—(1) In this paragraph only, “apparatus” means apparatus belonging to or maintained by National Grid Electricity Transmission Plc for the purpose of electricity supply and “National Grid” means National Grid Electricity Transmission Plc.

(2) Not less than 56 days before the commencement of any authorised works authorised by this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 6(2) or otherwise, the undertaker must submit to National Grid a plan of such works and seek from National Grid details of the underground extent of its electricity tower foundations.

(3) In relation to works which will or may be situated on, over, under or within—

(a) 15 metres measured in any direction of any apparatus; or

(b) involve embankment works within 15 metres of any apparatus,

the plan to be submitted to National Grid under sub-paragraph (2) must be detailed including a method statement and describing—

(i) the exact position of the works;

(ii) the level at which these are proposed to be constructed or renewed;

(iii) the manner of their construction or renewal including details of excavation, positioning of plant;

(iv) the position of all apparatus;

(v) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(vi) details of a scheme for monitoring ground subsidence if required by National Grid.

(4) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted to National Grid under sub-paragraph (2) must be detailed including a method statement and describing in addition to the matters set out in sub-paragraph (3)—

(a) details of any cable trench design including route, dimensions, clearance to pylon foundations;

(b) demonstration that pylon foundations will not be affected prior to, during and post construction;

(c) details of load bearing capacities of trenches;

(d) details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

(e) a written management plan for high voltage hazard during construction and ongoing maintenance of the cable route;

(f) written details of the operations and maintenance regime for the cable, including frequency and method of access;

(g) assessment of earth rise potential if reasonably required by National Grid’s engineers; and

(h) evidence that trench bearing capacity is to be designed to 26 tonnes to take the weight of overhead lines (OHL) construction traffic.

(5) The undertaker must not commence any works to which sub-paragraph (3) or (4) apply until National Grid has given written approval of the plan so submitted.

(6) Any approval of the undertaker required under sub-paragraph (3) or (4)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (7) or 9); and

(b) must not be unreasonably withheld.

(7) In relation to a work to which sub-paragraphs (3) or (4) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(8) Works to which sub-paragraphs (3) and (4) apply must be executed only in accordance with the plan submitted under sub-paragraph (2) or as relevant sub-paragraph (11), as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (7) or (9) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid is entitled to watch and inspect the execution of those works.

(9) Where National Grid require any protective works to be carried out either by itself or by the undertaker (whether of a temporary or permanent nature) such protective works must be carried out to National Grid’s satisfaction prior to the commencement of any relevant part of the authorised development and National Grid must give 56 days’ notice of such works from the date of submission of a plan in line with sub-paragraphs (2) or (11) (except in an emergency).

(10) If National Grid in accordance with sub-paragraphs (7) or (9) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, sub-paragraphs (2) to (4) and (7) to (9) apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2).

(11) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(12) The undertaker is not be required to comply with sub-paragraph (2) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to the undertaker in question notice as soon as is reasonably practicable and a plan of those works and must—

(a) comply with sub-paragraphs (3), (4) and (5) insofar as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph (13) at all times.

(13) At all times when carrying out any works authorised under the Order comply with National Grid’s policies for development near overhead lines EN43-8 and HSE’s guidance note 6 “Avoidance of Danger from Overhead Lines”.

Expenses

10.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid on demand all charges, costs and expenses reasonably incurred by it in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in this Schedule including without limitation—

(a) any costs reasonably incurred or compensation properly paid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that National Grid elects to use compulsory powers to acquire any necessary rights under paragraph 6(3) all costs incurred as a result of such action;

(b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

(d) the approval of plans;

(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and

(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Schedule.

(2) The value of any apparatus removed under the provisions of this Schedule or article 32 (apparatus and rights of statutory undertakers in stopped up streets), and which is not re-used as part of the alternative apparatus, must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

(3) If in accordance with the provisions of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or in default of agreement settled by arbitration in accordance with article 41 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) is to be reduced by the amount of that excess except where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case full costs must be borne by the undertaker.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

Indemnity

11.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker must—

(a) bear and pay on demand the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and

(b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid.

(2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by an undertaker or in accordance with any requirement of an undertaker or under its supervision does not (subject to sub-paragraph (3)), excuse the undertaker from liability under the provisions of sub-paragraph (1).

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents.

(4) National Grid must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without first consulting the undertaker and considering their representations.

Ground subsidence monitoring scheme in respect of National Grid’s apparatus

12.—(1) No works within the distances set out in National Grid’s specification for ‘Safe Working in the Vicinity of National Grid High Pressure Gas Pipelines and Associated Installations – Requirements for Third Parties’ (SSW22) which are capable of interfering with or risking damage to National Grid’s apparatus or alternative apparatus are to commence until a scheme for monitoring ground subsidence (referred to in this paragraph as “the monitoring scheme”) has been submitted to and approved by National Grid, such approval not to be unreasonably withheld or delayed.

(2) The ground subsidence monitoring scheme described in sub-paragraph (1) must set out—

(a) the apparatus which is to be subject to such monitoring;

(b) the extent of land to be monitored;

(c) the manner in which ground levels are to be monitored;

(d) the timescales of any monitoring activities; and

(e) the extent of ground subsidence which, if exceeded, would require the undertaker to submit for National Grid’s approval a ground subsidence mitigation scheme in respect of such subsidence in accordance with sub-paragraph (3).

(3) The monitoring scheme required by sub-paragraphs (1) and (2) must be submitted at least 56 days prior to the commencement of any works authorised by this Order or comprised within the authorised development. Any requirements of National Grid must be notified within 28 days of receipt of the monitoring scheme. Thereafter the monitoring scheme must be implemented as approved, unless otherwise agreed in writing with National Grid.

(4) As soon as reasonably practicable after any ground subsidence identified by the monitoring activities set out in the monitoring scheme has exceeded the level described in sub-paragraph (2)(e), a scheme setting out necessary mitigation measures (if any) for such ground subsidence (referred to in this paragraph as a “mitigation scheme”) must be submitted to National Grid for approval, such approval not to be unreasonably withheld or delayed; and any mitigation scheme must be implemented as approved, unless otherwise agreed in writing with National Grid except that National Grid retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 10 (expenses).

Enactments and agreements

13.  Nothing in this Schedule affects the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to National Grid on the date on which this Order is made.

Co-operation

14.  Where in consequence of the proposed construction of any of the authorised development, the undertaker or National Grid requires the removal of apparatus under paragraph 6(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraphs 8 or 9 the undertaker must use its reasonable endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid must use its reasonable endeavours to co-operate with the undertaker for that purpose.

Access

15.  If in consequence of the agreement reached in accordance with paragraph 5 or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as would enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

16.  Any difference or dispute arising between the undertaker and National Grid under this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 41 (arbitration).

Article 38

SCHEDULE 16 FOR THE PROTECTION OF THE AIRPORT OPERATOR

1.  The undertaker must carry out the authorised development in accordance with the management strategy for the safeguarding of East Midlands Airport.

2.  The undertaker must produce a Bird Management Plan to minimise any bird hazard impact (as envisaged in section 4 of the management strategy for the safeguarding of East Midlands Airport) covering the design, construction and operation of the main site and obtain approval to the Bird Management Plan from the airport operator prior to the submission of any details for approval under requirement 7 (detailed design approval). The approval of the Bird Management Plan must not be unreasonably withheld or delayed. The approved Bird Management Plan must then be complied with at all times.

3.  The prior approval of the airport operator must be obtained by the undertaker for the installation and operation of any radio communication or radio survey equipment (including any such temporary equipment) within the authorised development, such approval not to be unreasonably withheld or delayed.

4.  The undertaker must not obstruct or in any way interfere with the existing access (including all emergency access routes) to the airport, other than in accordance with the carrying out of the authorised development, without the prior consent of the airport operator such consent not to be unreasonably withheld or delayed. Any existing access route which is to be diverted as part of the authorised development must not be closed until the replacement route is constructed and available for use.

5.  The prior approval of the airport operator (acting as the statutory aerodrome safeguarding authority) must be obtained by the undertaker for the installation of any solar photovoltaic panels or apparatus within the authorised development, such approval not to be unreasonably withheld or delayed. Any request for such approval must be accompanied by a full solar glare assessment and detailed risk assessment.

6.  Any difference or dispute arising between the undertaker and the airport operator under this Schedule must, unless otherwise agreed between the undertaker and the airport operator, be determined by arbitration in accordance with article 41 (arbitration).

Article 38

SCHEDULE 17 FOR THE PROTECTION OF SEVERN TRENT WATER LIMITED

The undertaker must carry out the authorised development in accordance with the Construction Management Strategy for Safeguarding the Derwent Valley Aqueduct (Document 6.14).

Article 38

SCHEDULE 18 FOR THE PROTECTION OF NETWORK RAIL

1.  The following provisions of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 10, any other person on whom rights or obligations are conferred by that paragraph.

2.  In this Schedule—

“construction” includes execution, placing, alteration and reconstruction, and “construct” and “constructed” have corresponding meanings;

“the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

“network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise of his powers under section 8 (licences) of the Railways Act 1993(11);

“Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at 1 Eversholt Street, London, NW1 2DN) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 (meaning of “subsidiary” etc.) of the Companies Act 2006(12)) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

“plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

“railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

“railway property” means any railway belonging to Network Rail Infrastructure Limited and:

(a)

any station, land, works, apparatus and equipment belonging to Network Rail Infrastructure Limited or connected with any such railway; and

(b)

any easement or other property interest held or used by Network Rail Infrastructure Limited for the purposes of such railway or works, apparatus or equipment; and

“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 adversely affect, railway property.

3.—(1) Where under this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

(2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—

(a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

(b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised works under this Order.

4.—(1) The undertaker must not exercise the powers conferred by article 14 (accesses), article 23 (authority to survey and investigate the land), article 25 (compulsory acquisition of land and rights), article 26 (power to override easements and other rights), article 27 (compulsory acquisition of land – incorporation of the mineral code), article 31 (temporary use of land for carrying out the authorised development), article 33 (operation and use of railways) and article 37 (felling or lopping of trees) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) The undertaker must not, in the exercise of the powers conferred by this Order, prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of telecommunications code system operators: preliminary notices) of the 1990 Act, in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

(4) The undertaker must not under the powers conferred by this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.

(5) Where Network Rail is asked to give its consent under this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

5.—(1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as 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, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated disapproval of those plans and the grounds of disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer is to be deemed to have approved the plans as submitted.

(3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

(4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation, de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works are to be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.

6.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) must, when commenced, be constructed—

(a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

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

(c) in such manner as to cause as little damage as is possible to railway property; and

(d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic on it and the use by passengers of railway property.

(2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, regardless of any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3) Nothing in this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

7.  The undertaker must—

(a) at all times afford 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.

8.  Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Schedule during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

9.—(1) If any permanent or temporary alterations or additions to railway property are reasonably necessary in consequence of the construction of a specified work, or during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail 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 Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If during the construction of a specified work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work is to be constructed, Network Rail must assume construction of that part of the specified work and the undertaker must, notwithstanding any such approval of a specified work under paragraph 5(3), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work.

(3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 10(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

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

10.  The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

(a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 5(3) or in constructing any protective works under the provisions of paragraph 5(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by him of the construction of a specified work;

(c) in respect of the employment or procurement of the services of any inspectors, signallers, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work;

(d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

(e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work.

11.—(1) In this paragraph—

“EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised works where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

“Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised works) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

(2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 5(1) for the relevant part of the authorised works giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

(3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised works take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

(a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 5(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b) Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified under sub-paragraph (a); and

(c) Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified under sub-paragraph (a).

(5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 8 has effect subject to this sub-paragraph.

(6) If at any time prior to the commencement of regular revenue-earning operations on the authorised railway comprised in the authorised works and regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the authorised works causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

(7) In the event of EMI having occurred—

(a) the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;

(b) Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI; and

(c) Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI.

(8) Where Network Rail approved modifications to Network Rail’s apparatus under sub-paragraphs (5) or (6)—

(a) Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

(b) any modifications to Network Rail’s apparatus approved under those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 9.

(9) To the extent that it would not otherwise do so, the indemnity in paragraph 15(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

(10) For the purpose of paragraph 10(a) any modifications to Network Rail’s apparatus under this paragraph is to be deemed to be protective works referred to in that paragraph.

(11) In relation to any dispute arising under this paragraph the wording in article 41 (arbitration) “the Lands Chamber of the Upper Tribunal” is to be substituted with “the Institution of Electrical Engineers”.

12.  If at any time after the completion of a specified work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work in such state of maintenance as not adversely to affect railway property.

13.  The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

14.  Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

15.—(1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Schedule which may be occasioned to or reasonably incurred by Network Rail—

(a) by reason of the construction or maintenance of a specified 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 a specified work,

and the undertaker must indemnify, and keep indemnified, Network Rail from and against all claims and demands arising out of or in connection with a specified work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail 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 does not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

(2) Network Rail 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.

(3) The sums payable by the undertaker under sub-paragraph (1) include a sum equivalent to the relevant costs.

(4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs is, in the event of default, enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator under sub‑paragraph (4).

(6) In this paragraph—

“the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or any such act or omission as mentioned in sub-paragraph (1); and

“train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 (licences) of the Railways Act 1993.

16.  Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Schedule (including the amount of the relevant costs mentioned in paragraph 15) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made under this Schedule (including any claim relating to those relevant costs).

17.  In the assessment of any sums payable to Network Rail under this Schedule no account is to be taken of any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Schedule or increasing the sums so payable.

18.  The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

(a) any railway property shown on the works and land plans and described in the book of reference;

(b) any lands, works or other property held in connection with any such railway property; and

(c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

19.  Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 of the Railways Act 1993.

20.  The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 7 (benefit of Order) and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

(a) the nature of the application to be made;

(b) the extent of the geographical area to which the application relates; and

(c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

21.  The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 39 (certification of plans etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in the form of a computer disc with read only memory.

Article 38

SCHEDULE 19 FOR THE PROTECTION OF HIGHWAYS ENGLAND

Application

1.  The provisions of this Schedule have effect.

Interpretation

2.  In this Schedule—

“as built information” means one digital copy of the following information—

(a)

as constructed drawings in both PDF and AutoCAD DWG formats for anything designed by the undertaker;

(b)

list of supplies and materials, test results and CCTV drawings;

(c)

product data sheets, technical specifications for all materials used;

(d)

as constructed information for any utilities discovered or moved during the works;

(e)

method statements for works carried out;

(f)

in relation to road lighting, signs and traffic signals any information required by Series 1400 of the Specification for Highway Works;

(g)

organisation and methods manuals for all products used;

(h)

as constructed programme;

(i)

test results and records; and

(j)

other such information as may be reasonably required by Highways England to be used to update any relevant databases;

“the bond sum” means the sum equal to 110% of the cost of the carrying out of the phase of highway works concerned or such other sum agreed between the undertaker and Highways England;

“the cash surety” means the sum of £200,000.00 or such other sum agreed between the undertaker and Highways England;

“the commuted sums” means the commuted sums calculated in accordance with paragraph 10;

“contractor” means any contractor or sub-contractor appointed by the undertaker to carry out the highway works or any phase of the highway works and approved by Highways England under paragraph 3(2);

“detailed design information” means the following drawings, specifications and other information which must be in accordance with the general arrangements shown on the relevant regulation 6(2) plans—

(a)

site clearance details;

(b)

boundary environmental and mitigation fencing;

(c)

road restraint systems (vehicle and pedestrian);

(d)

drainage and ducting;

(e)

earthworks;

(f)

road pavements;

(g)

kerbs, footways and paved areas;

(h)

traffic signs, signals and road markings;

(i)

road lighting (including columns and brackets);

(j)

CCTV masts and cantilever masts;

(k)

electrical work for road lighting and traffic signs;

(l)

motorway communications;

(m)

highway structures;

(n)

landscaping; and

(o)

utilities diversions,

where relevant to the phase concerned;

“estimated costs” means the estimated costs in respect of each phase agreed under paragraph 5(1) and (5);

“the excess” means the amount by which Highways England estimates that the costs referred to in paragraph 5(1) will exceed the estimated costs under paragraph 5(5)(b);

“highway works” means that part of the authorised development to be carried out in the areas identified as i, ii, vi and ix on the highway works components plans the general arrangement of which is shown on the relevant regulation 6(2) plan and any works ancillary to that part of the authorised development;

“nominated persons” means the undertaker’s representatives or the contractors’ representatives on site during the carrying out of the highway works;

“phase” means that part of the highway works which is to be carried out in separate phases in the areas identified as i, ii, vi and ix on the highway works components plan except that components ii and ix is a single phase, or such other phasing arrangements as are agreed with Highways England;

“programme of works” means a document setting out the sequence and timetabling of works for the phase in question;

“relevant regulation 6(2) plans” means Documents 2.4A, 2.4B, 2.4E, 2.4H, 2.4J, 2.4M and 2.4N certified under article 39 (certification of plans etc.);

“Road Safety Audit Standard” means the Design Manual for Roads and Bridges Standard HD 19/15 or any replacement or modification of that part of the Manual; and

“utilities” means any pipes, wires, cables or equipment belonging to any person or body having power or consent to undertake street works under the 1991 Act.

Prior approvals and security

3.—(1) No work is to commence on any phase of the highway works until the detailed design information and a programme of works in respect of that phase has been submitted to and approved by Highways England and, in the case of phase ix identified on the highway works component plans, also submitted to and approved by Leicestershire County Council, such approvals not to be unreasonably withheld or delayed.

(2) No works are to commence on any phase of the highway works other than by a contractor employed by the undertaker but first approved by Highways England, such approval in respect of each phase not to be unreasonably withheld or delayed.

(3) No work is to commence on any phase of the highway works until the undertaker has provided security for the carrying out of those works as provided for in paragraph 8 or some other form of security acceptable to Highways England.

(4) No work is to commence on any phase of the highway works until Highways England have considered whether a temporary traffic regulation order is necessary for that phase and if necessary Highways England have approved and made the necessary temporary traffic regulation order.

(5) No work is to commence on any phase of the highway works until a Stage 2 Road Safety Audit has been carried out in respect of that phase in accordance with the Road Safety Audit Standard and if necessary all issues raised incorporated into an amended design approved by Highways England or any relevant exceptions approved by Highways England.

(6) No work is to commence on any phase of the highway works until traffic management provisions have been agreed with Highways England, such agreement not to be unreasonably withheld or delayed.

(7) No work is to commence on any phase of the highway works until stakeholder liaison has taken place in accordance with a scheme for such liaison agreed between the undertaker and Highways England.

Carrying out of works

4.—(1) If the undertaker commences the authorised development the undertaker must design construct, test and commission the highway works.

(2) The undertaker must prior to commencement of each phase of the highway works give Highways England 28 days’ notice in writing of the proposed date on which that phase will start.

(3) The undertaker must comply with Highways England’s usual road space booking procedures prior to and during the carrying out of each phase of the highway works and no highway works for which a road space booking is required can commence without a road space booking having first been secured.

(4) Each phase of the highways works must be carried out to the satisfaction of Highways England in accordance with—

(a) the relevant detailed design information;

(b) a programme of works approved under paragraph 3(1) or as subsequently varied by agreement between the undertaker and Highways England;

(c) the Design Manual for Roads and Bridges, the Specification for Highway Works (contained within the Manual of Contract Documents for Highways Works) and any amendment to or replacement of those documents for the time being in force except to the extent that they are a departure from such standards and have been approved by Highways England and such approvals or requirements of Highways England in paragraph 3 that need to be in place prior to the works being undertaken; and

(d) all aspects of the Construction (Design and Management) Regulations 2015 or any statutory amendment or variation of the same and in particular the undertaker must ensure that all client duties (as defined in the said Regulations) are satisfied and must indemnify Highways England against all claims, damages, costs, losses, liabilities and actions arising out of a failure to do so.

(5) The undertaker must permit and require the contractor to permit at all reasonable times persons authorised by Highways England (whose identity must have been previously notified to the undertaker) to gain access to the highway works for the purposes of inspection and supervision and the undertaker must provide to Highways England contact details of the nominated persons with whom Highways England should liaise during the carrying out of the highway works.

(6) At any time during the carrying out of the highway works the nominated persons must act upon any request made by Highways England in relation to the carrying out of the highway works as soon as practicable following such request being made to the nominated persons except to the extent that the contents of such request are inconsistent with or fall outside the contractor’s obligations under its contract with the undertaker or the undertakers obligations in this Order.

(7) If at any time the undertaker does not comply with any of the terms of this Schedule in respect of any phase of the highway works having been given notice of an alleged breach and an adequate opportunity to remedy it by Highways England then Highways England is on giving to the undertaker 14 days’ notice in writing to that effect entitled to carry out and complete that phase of the highway works and any maintenance works which the undertaker would have been responsible for on the undertaker’s behalf and the undertaker must within 28 days of receipt of the itemised costs pay to Highways England the costs so incurred by Highways England.

(8) Nothing in this Schedule prevents Highways England from carrying out any work or taking such action as deemed appropriate straight away without prior notice to the undertaker in the event of an emergency or danger to the public, the cost to Highways England of such work or action being chargeable to and recoverable from the undertaker if the need for such action arises from the carrying out of the highway works.

(9) For the avoidance of doubt it is confirmed that the undertaker in carrying out each phase of the highway works must at its own expense divert or protect all utilities as may be necessary to enable the highway works to be properly carried out and all agreed alterations to existing services must be carried out to the reasonable satisfaction of Highways England.

Payments

5.—(1) The undertaker must fund the whole of the highway works costs and all costs incidental to the highway works and must also pay to Highways England in respect of each phase of the highway works a sum equal to the whole of any costs and expenses which Highways England incur, (the estimated costs), including costs and expenses for using external staff and resources as well as costs and expenses of using in house staff and resources in relation to the highway works and arising out of it and its implementation including without limitation on the scope—

(a) the checking and approval of all design work carried out by or on behalf of the undertaker for that phase;

(b) costs in relation to agreeing the programme of works for that phase;

(c) the carrying out of supervision of that phase of the highway works;

(d) all legal and administrative costs in relation to paragraphs (a) and (b); and

(e) all costs in relation to the transfer of any land required for the highway works.

(2) The sums referred to in subparagraph (1) do not include any sums payable from the undertaker to the contractor but do include any value added tax which is payable by Highways England in respect of such costs and expenses and for which it cannot obtain reinstatement from HM Revenue and Customs.

(3) The undertaker must pay to Highways England upon demand the total costs properly and reasonably incurred by Highways England in undertaking any statutory procedure or preparing and bringing into force any traffic regulation order or orders necessary to carry out or for effectively implementing the highways works and whether or not such procedure or order is or are experimental, temporary or permanent provided that this paragraph does not apply to the making of any orders which duplicate orders contained in this Order.

(4) The undertaker and Highways England must agree a schedule of the estimated costs to be incurred under sub-paragraph (1) in respect of each phase prior to the commencement of that phase.

(5) The undertaker must make the payments referred to in sub-paragraph (1) as follows—

(a) the undertaker must pay a sum equal to the agreed estimated costs in respect of a phase prior to commencing that phase; and

(b) if at any time or times after the payment in respect of a phase referred to in paragraph (5)(a) has become payable the Highways England estimates that the costs in respect of that phase referred to in sub-paragraph (1) will exceed the estimated costs for that phase it may give notice to the undertaker of the amount by which it then estimates those costs will exceed the estimated costs (“the excess”) and the undertaker must pay to Highways England within 28 days of the date of that notice a sum equal to the excess.

(6) If Highways England have received the as built information within 91 days of the issue of the final certificate for each phase of the highway works under paragraph 7, Highways England must give the undertaker a final account of the costs referred to in sub-paragraph (1) and within 28 days from the expiry of the 91 day period—

(i) if the account shows a further sum as due to Highways England the undertaker must pay to Highways England the sum shown due to it in that final account; and

(ii) if the account shows that the payment or payments previously made have exceeded those costs Highways England must refund the difference to the undertaker.

(7) If any payment due under any of the provisions of this Schedule is not made on or before the date on which it falls due the party from whom it was due must at the same time as making the payment pay to the other party interest at 1% above the rate payable in respect of compensation under section 32 (rate of interest after entry on land) of the Land Compensation Act 1961(13) for the period starting on the date upon which the payment fell due and ending with the date of payment of the sum on which interest is payable together with that interest.

Provisional certificate and defects period

6.—(1) As soon as each phase of the highway works has been completed and a Stage 3 Road Safety Audit for that phase has been carried out in accordance with the Road Safety Audit Standard and any resulting recommendations complied with Highways England must issue a provisional certificate of completion in respect of that phase such certificate not to be unreasonably withheld or delayed.

(2) Highways England must also issue a defects list to the undertaker together with timescales within which defects are to be resolved. The undertaker must at its own expense remedy any defects in that phase of the highway works as reasonably required to be remedied by Highways England and identified by Highways England during a period of 12 months from the date of the provisional certificate in respect of that phase.

(3) The undertaker must submit Stage 4(a) and Stage 4(b) Road Safety Audits as required by and in line with the timescales stipulated in the Road Safety Audit Standard. The undertaker must comply with the findings of the Stage 4(a) and 4(b) Road Safety Audit reports inclusive of conducting any works that are required.

(4) Highways England must approve the audit brief and curriculum vitaes for all Road Safety Audits and exceptions to items raised, if appropriate, in accordance with the Road Safety Standard.

Final certificate

7.—(1) The undertaker must apply to Highways England for the issue of the final certificate in respect of each phase at the expiration of the 12-month period in respect of that phase referred to in paragraph 6(2) or on a date on which any defects or damage arising from defects during that period has been made good to the reasonable satisfaction of Highways England (not to be unreasonably withheld or delayed) and when making such application the undertaker must—

(a) submit to Highways England the health and safety file and as built information of the relevant phase; and

(b) provide a plan clearly identifying the extent of any land which is to be highway maintainable at public expense by Highways England.

(2) If the provisions of sub-paragraph (1) are satisfied Highways England must as soon as reasonably practicable issue a final certificate for the phase concerned.

Surety

8.—(1) Subject to paragraph 3(3) the undertaker must provide security for the carrying out of the highway works as follows—

(a) prior to the commencement of each phase the highway works within that phase must be secured by a bond first approved by Highways England, drafted substantially as detailed in Form 1 contained in paragraph 9 or in such other form that may be agreed between the undertaker and Highways England to indemnify Highways England against all losses, damages, costs or expenses arising from any breach of any one or more of the obligations of the undertaker in respect of that phase under the provisions of this Schedule provided that the maximum liability of the bond must not exceed the bond sum relating to that Phase; and

(b) prior to the commencement of the highway works the undertaker must provide the cash surety which may be utilised by Highways England in the event of the undertaker failing to meet its obligations to make payments under paragraph 5 or to carry out works the need for which arises from a breach of one or more of the obligations of the undertaker (which must for the avoidance of doubt be a single cash surety for the entirety of the highway works).

(2) Each bond sum and the cash surety (the latter in respect of the final phase only) must be progressively reduced as follows—

(a) on receipt of written confirmation (including receipt of receipted invoices evidencing payments made by the undertaker to the contractors) from the undertaker of the payments made from time to time to the contractor, Highways England must in writing authorise the reduction of the bond sum and (in respect of the final phase only) the cash surety by such proportion of the surety sum and cash deposit as amounts to 80% of those payments;

(b) within 20 working days of completion of each phase of the highway works (as evidenced by the issuing of the provisional certificate in respect of that phase under paragraph 6(1)) Highways England must in writing release the bond provider from its obligations by 80% of the bond sum in respect of that phase except in so far as any claim or claims have been made against the bond or liability on its part has arisen prior to that date and (in respect of the final Phase only) return 80% of the cash surety to the undertaker; and

(c) within 20 working days of the issue of the final certificate for each phase of the highway works referred to in paragraph 7 Highways England must in writing release the bond provider from all its obligations in respect of that phase subject to Highways England having received the documents referred to in paragraph 7(1)(a) and (b) and except in so far as any claim or claims have been made against the bond or liability on its part has arisen prior to that date and (in respect of the final phase only) must release the remainder of the cash surety to the undertaker.

9.  Form 1 as referred to in paragraph 8(1)(a) is—

Commuted sums

10.—(1) Prior to the commencement of each phase of the highway works the undertaker is to be provided with an estimate of the amount of the commuted sum in respect of the maintenance costs of that phase of the highway works to be incurred following the issue of the final certificate, if any and following completion of that phase of the highway works the undertaker must pay to Highways England the commuted sum within 28 days of the date of the final certificate. The commuted sum must be calculated in line with FS Guidance S278 Commuted Lump Sum Calculation Method dated 18th January 2010, except that—

(a) the agreed commuted sum in respect of the highway bridge structures within Phase ii identified on the highway works component plans is £931,197.57; and

(b) the agreed commuted sum in respect of the highway bridge structure within Phase viii identified on the highway works component plans is £1,046,151.18.

(2) If the form of any structures referred to in sub-paragraph (1)(a) and (b) changes significantly from that contained in the approval in principle already submitted to and approved by Highways England then the calculation of the figure in sub-paragraph (1)(a) or (b) as the case may be must, if requested by either the undertaker or Highways England, be recalculated in accordance with the FS Guidance S278 Commuted Lump Sum Calculation Method dated 18th January 2010.

Insurance

11.  The undertaker must, prior to commencement of the highway works, effect public liability insurance with an insurer in the minimum sum of £10,000,000.00 against any legal liability for damage loss or injury to any property or any person as a direct result of the execution of the Highway Works or any part of them by the undertaker.

Indemnification

12.  The undertaker must, in relation to the carrying out of the highway works, take such precautions for the protection of public and private interests as would be incumbent upon it if it were the highway authority and must indemnify Highways England from and against all costs expenses, damages, losses and liabilities arising from or in connection with or ancillary to any claim, demand, action or proceedings resulting from the design, carrying out or maintenance of the highway works, including but without limitation on the scope of this paragraph any claim against Highways England under the Land Compensation Act 1973(14) or by virtue of the application of the provisions of the Noise Insulation Regulations 1975(15), including any liability falling upon Highways England by virtue of its exercising its discretionary powers under the said Regulations.

Warranties

13.  The undertaker must procure warranties from the contractor and designer of each phase of the highway works to the effect that all reasonable skill care and due diligence must be exercised in designing and constructing that phase of the highway works including the selection of materials, goods, equipment and plant; such warranties to be provided to Highways England before that phase of the highway works commences.

Article 38

SCHEDULE 20 FOR THE PROTECTION OF LEICESTERSHIRE COUNTY COUNCIL AS HIGHWAY AUTHORITY

Application

1.  The provisions of this Schedule have effect.

Interpretation

2.  In this Schedule—

“as built information” means the following information—

(a)

drawings showing the highway works as constructed;

(b)

list of supplies and materials, test results and CCTV drainage;

(c)

product data sheets, technical specifications for all materials to be used;

(d)

as built information for any utilities discovered or moved during the works and in relation to the over bridge;

(e)

method statements for works to be carried out;

(f)

road lighting, signs and traffic signals;

(g)

organisation and methods manuals for all products used;

(h)

as built programme;

(i)

drawings referred to in paragraphs (a), (k) and (l) in Auto CAD;

(j)

test results and records;

(k)

landscape drawings;

(l)

highway drainage drawings; and

(m)

plans identifying land which is highway maintainable at public expense;

“detailed design information” means the following drawings, specifications and other information which must be in accordance with the general arrangements shown on the relevant regulation 6(2) plans—

(a)

site clearance details;

(b)

boundary environmental and mitigation fencing;

(c)

road restraint systems (vehicle and pedestrian);

(d)

drainage and ducting;

(e)

earthworks;

(f)

road pavements;

(g)

kerbs, footways and paved areas;

(h)

traffic signs, signals and road markings;

(i)

road lighting (including columns and brackets);

(j)

CCTV masts and cantilever masts;

(k)

electrical work for road lighting and traffic signs;

(l)

motorway communications;

(m)

highway structures;

(n)

landscaping; and

(o)

utility diversions;

“director” means a director of Environment and Transportation of the highway authority or any successor post responsible for the highway authority function of Leicestershire County Council;

“final certificate” means the final certificate issued by the director for each phase of the highway works in accordance with paragraph 5;

“highway works” means that part of the authorised development to be carried out in the areas identified as iii, iv, v, vii, viii on the highway works component plans the general arrangement of which is shown on the relevant regulation 6(2) plans;

“highway authority” means Leicestershire County Council;

“maintenance period”, in relation to each phase of the highway works, means 12 months from the date of issue of the provisional certificate for that phase;

“phase” means that part of the highway works which is to be carried out as separate phases in the areas identified as iii, iv, v, vii and viii on the highways works components plans except that components vii and viii is a single phase or such other phasing arrangement as must be agreed with the highway authority;

“provisional certificate” means the provisional certificate of completion issued by the director for each phase of the highway works in accordance with paragraph 4;

“relevant regulation 6(2) plans” means Documents 2.4A, 2.4B, 2.4C, 2.4E, 2.4F, 2.4H, 2.4K, 2.4M and 2.4N;

“specification” means—

(a)

in relation to design—

(i)

the 6C’s Design Guide; and

(ii)

Design Manual for Roads and Bridges;

(b)

in relation to specification—

(i)

Leicestershire County Council’s Specification for highway works for new developments; and

(ii)

Leicestershire County Council’s Standard drawings;

(c)

in relation to street lighting—

(i)

design in accordance with BS5489; and

(ii)

Leicestershire County Council’s Street Lighting Specification; and

(d)

in relation to traffic signs—

(i)

the Traffic Signs Regulations and General Directions 2002 and any modifications of them;

(ii)

the Traffic Signs Manual (DOT); and

(iii)

Leicestershire County Council’s Traffic Signs and Road Markings Specification;

“supervising officer” means the officer of the highway authority appointed by it to supervise the highway works on its behalf; and

“works fees” means the actual costs incurred by the highway authority (utilising its standard charge out rates) in relation to—

(a)

considering and approving the detailed design information;

(b)

the work carried out by the Supervising Officer including travel expenses to and from the highway works and all other expenses properly incurred by the Supervising Officer in connection with his duties; and

(c)

administration in relation to paragraphs (a) and (b) above.

Highway works

3.  The undertaker must carry out and complete the highway works in accordance with—

(a) the detailed design information approved under paragraph 14; and

(b) the programme of works approved under paragraph 22 or as subsequently varied by agreement between the undertaker and the highway authority.

Provisional certificate and maintenance period

4.  When and so soon as each phase of the highway works has been completed including such road safety audits as required in accordance with paragraph 27 to the reasonable satisfaction of the director, the director must issue a provisional certificate, such certificate not to be unreasonably withheld or delayed, and the undertaker at its own expense must maintain that phase of the highway works in a good state of repair and to the satisfaction of the director for the duration of the maintenance period and must carry out such routine maintenance as may be necessary or required by the director to facilitate use by the public; and for the avoidance of doubt the undertaker must undertake all other work and maintenance in respect of that work including but not limited to any damage until issue of the final certificate in respect of that phase under paragraph 5 and that phase of the highway works becomes highways maintainable at the public expense.

Final certificate

5.—(1) The undertaker must apply to the director for issue of the final certificate in respect of each phase at the expiration of the maintenance period in respect of that phase or on a date (whichever is the later) on which any damage arising during the maintenance period is made good. to the reasonable satisfaction of the director or completion of all or any works identified by any road safety audit required in accordance with paragraph 27.

(2) Upon receipt of the as built information in respect of a phase and approval of the same, the director must issue a final certificate in respect of that phase and as from the date of such final certificate the highway works become highways maintainable at the public expense.

(3) If the undertaker does not apply for and receive a final certificate for a phase within two years of the issue of the provisional certificate in respect of that phase the undertaker must pay to the highway authority a further administration charge of five hundred pounds (£500.00).

Payment for supplemental maintenance

6.—(1) Where the period from commencement of a phase of the highway works to the issue of the final certificate in respect of that phase exceeds a period of two years the undertaker must pay to the highway authority the cost of carrying out a bulk clean and lamp change for all the street lighting provided as part of that phase of the highway works.

(2) Prior to the issue of the final certificate of completion in respect of a phase the undertaker must pay to the highway authority the cost of a bulk clean and lamp change of all illuminated signs and bollards erected as part of that phase of the highway works.

Indemnity

7.  The undertaker must indemnify the highway authority from and against all costs, expenses and liabilities arising from or in connection with or ancillary to any claim, demand, action or proceedings resulting from the design, carrying out and maintenance of the highway works including but without limitation on the scope of this paragraph any claim against the highway authority under the Land Compensation Act 1973(16) or by virtue of the application of the provisions of the Noise Insulation Regulations 1975(17), including any liability failing upon the highway authority by virtue of its exercising its discretionary powers under the said Regulations provided that—

(a) the foregoing indemnity must not extend to any costs, expenses, liabilities and damages caused by or arising out of the neglect or default of the highway authority or its officers servants, agents or contractors or any person or body for whom the highway authority is responsible;

(b) the highway authority must notify the undertaker straight away upon receipt of any claim;

(c) the highway authority must not accept any such claim without first having given the undertaker details of such claim and having given the undertaker the opportunity to make representations to the highway authority as to the validity and quantum of such claim;

(d) the highway authority must, in settling any such claim, give full and due regard to any representations made by the undertaker in respect of the claim;

(e) the highway authority must, following the acceptance of any claim, notify the quantum of the claim to the undertaker in writing and the undertaker must within 14 days of the receipt of such notification pay to the highway authority the amount specified as the quantum of such claim;

(f) the undertaker must notify the highway authority of the intended date of opening of each phase of the highway works to public traffic not less than 14 days in advance of the intended date; and

(g) the undertaker must notify the highway authority of the actual date that each phase of the highway works are open to public traffic on each occasion within 14 days of that occurrence.

Construction (Design and Management) Regulations 2015

8.  The undertaker must comply with all aspects of the Construction (Design and Management) Regulations 2015(18) and in particular must ensure that all obligations imposed on the client (as defined in those Regulations) are satisfied and must indemnify the highway authority against all claims, liabilities and actions arising out of a failure to so do.

Security

9.  Prior to the commencement of each phase of the highway works the undertaker must secure the cost of it by the deposit with the highway authority of a bond, drafted substantially as detailed in Form 2 contained in paragraph 10, in a sum equivalent to the director’s reasonable estimate of the cost of that phase of the highway works (including any statutory undertakers works) or must provide some alternative form of security acceptable to the highway authority.

10.  Form 2 as referred to in paragraph 9—

Notices etc.

11.  Where under the provisions of this Schedule the highway authority or the director is required to agree, to approve, to express satisfaction with or to give notice of any matter such agreement, approval, satisfaction or notice is to be deemed to have not been given or expressed unless given or expressed in writing (and must not be unreasonably withheld or delayed) and the highway authority agrees to use its best endeavours to ensure that any agreement or approval which is required is given or refused (along with reasons for such refusal) within 20 working days.

Dispute resolution

12.  Regardless of article 41 (arbitration) any dispute under or arising out of the operation of this Schedule may be referred to a single arbitrator if all parties to the dispute agree such arbitrator or in default of agreement to be nominated (upon the application of any party to the dispute) by the President for the time being of the Law Society in accordance with and subject to the provisions of the Arbitration Act 1996(19).

Privately and publicly owned apparatus

13.  For the avoidance of doubt it is expressly declared that the undertaker in carrying out the highway works must at its own expense divert or protect all or any pipes, wires, cables or equipment belonging to any person having power or consent to undertake street works under the 1991 Act as may be necessary to enable such works to be properly carried out or may be reasonably directed by the director and all alterations to existing services must be carried out to the reasonable satisfaction of the appropriate persons, authorities and statutory undertakers.

Detailed design approval

14.—(1) The undertaker must take the specifications into account in preparing the detailed design information for submission to the highway authority.

(2) No phase of the highway works is to commence until the detailed design information has been submitted to and approved by the director and in the case of that part of component viii as shown on the highway works components plans comprising the bridge over the motorway, approval of the detailed design information is also required from Highways England prior to that phase of the highway works commencing.

Workmanship

15.  All the highway work is to be carried out to the reasonable satisfaction of the director.

Traffic and safety control

16.  In carrying out work in or adjoining the public highway the undertaker must comply in all respects with chapter 8 of the Traffic Signs Manual.

Site safety

17.  The undertaker must in respect of each phase of the highway works keep that phase safe and in a good state of efficiency and repair including the fencing and lighting of all open trenches and must keep all building materials and plant clear of the carriageway and footways.

Approval of persons undertaking the highway works

18.  The undertaker must not engage or permit the engagement of any person to carry out the highway works (or any part thereof including their design) unless that person has first been approved by the highway authority as suitable to carry out such works.

Inspection of the highway works

19.  The undertaker must permit and must require any contractor or sub-contractor engaged on the highway works to permit at all reasonable times persons authorised by the highway authority whose identity has been previously notified to the undertaker to gain access to the site of the highway works for the purpose of inspection to verify compliance with the provisions of this Schedule in accordance with the highway authority’s inspection policy.

Design and inspection payment

20.—(1) The undertaker must pay the highway authority works fees in response to monthly invoices issued by the highway authority to the undertaker itemising the works fees payable (including time records), the first of such invoices to be issued following the first submission of detailed design information for approval.

(2) The undertaker must provide the following for the supervising officer—

(a) workplace on site including welfare facilities;

(b) communication equipment;

(c) suitable transport at the site; and

(d) parking provisions.

Commuted sum

21.—(1) Immediately prior to the issue of the final certificate in respect of any phase the undertaker must pay to the highway authority any commuted sum payable in respect of that phase calculated as provided for in sub-paragraph (2).

(2) The rates to be applied in calculating the commuted sums payable must be based on those contained with the 6C’s Design Guide (or any replacement of it) or in the absence of relevant rates within that Guide must be agreed between the undertaker and the highway authority at the date of calculation.

Programme of works

22.  The undertaker must, prior to the commencement of each phase of the highway works, submit to the director for his approval a programme of works setting out the undertaker’s proposed timetables for executing those works and following such approval (which may be given with or without modification but which must not be unreasonably withheld or delayed) the undertaker must use all reasonable endeavours to ensure that the programme of works is complied with.

Power to execute works in default or emergency

23.—(1) If at any time the undertaker does not comply with any of the terms of this Schedule in respect of any phase of the highway works, having been given notice of an alleged breach and opportunity to remedy it by the director, the highway authority must on giving to the undertaker fourteen days’ notice in writing to that effect be entitled to carry out and complete that phase of the highway works and any maintenance works on the undertaker’s behalf and the undertaker must within 28 days pay to the highway authority the cost so incurred by the highway authority.

(2) Nothing in this Schedule prevents the highway authority from carrying out any work or taking such action as deemed appropriate forthwith without prior notice to the undertaker in the event of an emergency or danger to the public, the cost to the highway authority of such work or action being chargeable to and recoverable from the undertaker.

Insurance

24.  The undertaker must, prior to commencement of the highway works, effect public liability insurance with an insurer in the minimum sum of £10,000,000.00 for any one claim against any legal liability for damage, loss or injury to any property or any persons as a direct result of the execution and maintenance of the highway works or any part of them by the undertaker.

Notice of commencement of highway works

25.  The undertaker must, prior to the commencement of each phase of the highway works, give the highway authority at least five weeks’ notice in writing of the proposed date on which each phase of the highway works will start and such date must be subject to the agreement of the director.

Approval of team undertaking Road Safety Audits

26.  The undertaker must not engage or permit the engagement of any audit team unless that audit team has first been approved by the highway authority as suitable to undertake Road Safety Audits in accordance with the Highways Agency Standard HD 19/15 or any replacement or modification of that Standard.

Road Safety Audits

27.—(1) At any time during the detailed design stages the director may require that an interim Road Safety Audit be carried out in accordance with the Highways Agency Standard HD 19/15 and be submitted to the director and if so required by the director any recommendations in such interim report must be implemented to the director’s satisfaction.

(2) Prior to the approval of the detailed design information for a phase, a Stage 2 Road Safety Audit must be carried out in respect of that phase in accordance with the Highways Agency Standard HD 19/15 or any replacement or modification of that Standard and must be submitted to the director and if so required by the director any recommendations made in the Stage 2 report must be implemented to the director’s satisfaction.

(3) Prior to the issue of the provisional certificate in respect of a phase, a Stage 3 Road Safety Audit must be carried out for that phase in accordance with the Highways Agency Standard HD 19/15 and must be submitted to the director and if so required by the director any recommendations made in the Stage 3 report must be implemented to the director’s satisfaction.

(4) A Stage 4 12-month monitoring Report (“the 12-month report”) carried out in accordance with the Highways Agency Standard HD 19/15 in respect of each phase of the highway works must be submitted to the director no sooner than 8 weeks and no later than 12 weeks from the date when a complete year of accident data is available following the first anniversary of the opening of that phase for public use and if so required by the director any recommendations made in the 12-month report must be implemented to the director’s satisfaction.

(5) Following receipt of the 12-month report in respect of a phase the director may require that a Stage 4 36-month monitoring report (“the 36-month report”) be submitted for that phase in accordance with the Highways Agency Standard HD 19/15 no sooner than 8 weeks and no later than 12 weeks from the date when three complete years of accident data is available following the third anniversary of the opening of that phase of the highway works for public use and if so required by the director any recommendations in the 36-month report must be implemented to the satisfaction of the director and the undertaker must secure by the deposit of a bond with the highway authority a sum equivalent to the director’s reasonable estimate of the cost of the potential liability of the undertaker in respect of works arising from the 36-month report prior to the issue of the final certificate.

Traffic signal equipment

28.  The undertaker must permit the highway authority access at all reasonable times to any part of the site upon which the highway works are being carried out and in which cables, pipes, ducts or other apparatus associated with the traffic signal equipment is to be or are located to enable the highway authority to undertake works reasonably required for the maintenance of the said cables, pipes, ducts or other apparatus including any works which are undertaken to improve the performance of the traffic signals.

Use of sums paid

29.  The Highway Authority must use such sums as are payable in accordance with the terms of this Schedule together with any interest which may accrue only for the purposes for which they are expressed to be paid.

Statutory procedures and orders

30.  The undertaker must pay to the highway authority upon demand the total costs properly and reasonably incurred by the highway authority in undertaking any statutory procedure or preparing and bringing into force any traffic regulation order or orders necessary to carry out or for effectively implementing the highway works and whether or not such procedure or order is or are experimental, temporary or permanent provided that this paragraph does not apply to the making of any orders which duplicate the orders contained in this Order.

Article 38

SCHEDULE 21 FOR THE PROTECTION OF TARMAC

1.  The following provisions of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Lafarge.

2.  In this Schedule—

“bagging plant” means the area subject to the GRS underlease;

“GRS underlease” means the lease dated 21st November 2012 between Lafarge Aggregates Limited (1) (now Tarmac) and GRS (Bagging) Limited (2) relating to Land at Lockington Quarry;

“Tarmac” means Tarmac Aggregates Limited (company number 00297905) as operator of the quarry and landfill;

“Tarmac access” means the private access track to be constructed for the benefit of the Tarmac land between Warren Lane and M1 Junction 24 as shown on the regulation 6(2) plan;

“Tarmac land” means the area subject to the Tarmac leases;

“Tarmac leases” means the leases dated 14th February 2000 and 24th February 2009 made between Charles Henry Curzon Coaker and Lafarge Aggregates Limited (now Tarmac);

“maintenance sum” means the sum of £100,000.00;

“quarry and landfill” means the quarry and landfill operations carried out on the Tarmac land; and

“specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of the Tarmac quarry and landfill.

3.  The undertaker must before commencing construction of any specified work supply to Tarmac copies of the detailed design information in relation to that work approved by the relevant highway authority under the provisions of Schedules 19 and 20 (protection of interests).

4.  The undertaker must give Tarmac no less than 28 days’ notice of the commencement of any of the specified works and must include with the notice a programme of those works. Once the specified works which are the subject of the notice have commenced they must be completed without delay in accordance with the programme.

5.  The undertaker must not in the exercise of the powers conferred by this Order during all periods and times when the quarry and landfill is operational do anything which obstructs either the access to the Tarmac land and the bagging plant from the A50 and Warren Lane or the egress from the Tarmac land and bagging plant via Warren Lane and the A50 or onto M1 Junction 24.

6.  The undertaker must give Tarmac a minimum of 28 days’ notice of any requirement to alter the position of any of its haul roads within the Tarmac land in order to facilitate the carrying out of the specified works in the circumstances where the undertaker is constructing the altered haul road or 3 months’ notice in the event of the altered haul road being constructed by Tarmac. In the event of the altered haul road being constructed by Tarmac the undertaker must recompense Tarmac for the reasonable costs incurred in connection with the construction.

7.  The undertaker must construct the Tarmac access in accordance with a specification and to standards agreed with Tarmac (such agreement not to be unreasonably withheld or delayed) and the Tarmac access must be in place (having been constructed to the agreed standards) prior to the existing access to or egress from the Tarmac land being closed or obstructed.

8.  Subject to the approval of Highways England the undertaker must incorporate a yellow box junction on the egress from the Tarmac access onto M1 Junction 24, the preferred design being that set out on the drawing entitled Quarry Exit at J24 (NTH/209/SK137 Revision P2).

9.  The Tarmac access must be gated or include barriers at each end in order for security to be maintained by Tarmac, such gates to be in a position agreed between the undertaker and Tarmac but set back no less than 15 metres from the public highway.

10.  A scheme for the signage along the Tarmac access must be agreed between the undertaker and Tarmac (with both parties acting reasonably) and implemented by the undertaker as agreed.

11.  The undertaker must permit Tarmac to utilise the Tarmac access for egress from and access to the Tarmac land at all times with the exception of periods when such access would interfere with the specified works or the maintenance of the Tarmac access at which times the undertaker must provide a satisfactory alternative temporary access which must be no less convenient, such access being agreed in advance by Tarmac.

12.  The undertaker must pay the maintenance sum to Tarmac at the end of the contractors’ maintenance period in respect of the Tarmac access to fund the maintenance of the access track during the remainder period of the Tarmac lease.

13.  The undertaker must, prior to undertaking any works on the Tarmac land, agree with Tarmac a protocol or other terms to ensure adequate demarcation between the landfill part of the Tarmac land and the works required to construct the Tarmac access (such agreement not to be unreasonably withheld or delayed).

14.  The undertaker must reinstate any environmental barrier disturbed by, or construct any environmental barrier required as a result of, the specified works in the location and to a specification agreed with the Environment Agency and Tarmac.

15.  Any difference or dispute arising between the undertaker and Tarmac under this Schedule must, unless otherwise agreed between the undertaker and Tarmac, be determined by arbitration in accordance with article 41 (arbitration).

(1)

2010 c. 29. Schedule 3 was amended by sections 21(3) and 88 of the Water Act 2014 (c. 21), S.I. 2012/1659 and S.I. 2013/755. Schedule 3 is to come into force on a date to be appointed.

(2)

1974 c. 40.

(3)

1973 c. 26.

(4)

Section 58(1) was amended by section 16(3) of, and Schedule 5 to, the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), section 4 of, and paragraph 29(1) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

(5)

S.I. 2016/17.

(6)

Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

(7)

Section 12 was amended by section 56(2) of, and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

(8)

Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(9)

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

(10)

1989 c. 29.

(11)

1993 c. 43. Section 8 was amended by paragraph 3 of Schedule 20 to the Railways and Transport Safety Act 2003 (c. 20), paragraph 1 of Schedule 13(1) to the Railways Act 2005 (c. 14) and paragraph 4 of Schedule 17 to the Transport Act 2000 (c. 38). There are other amendments not relevant to this Order.

(12)

2006 c. 46.

(13)

1961 c. 33.

(14)

1973 c. 26.

(15)

S.I. 1975/1763, amended by S.I. 1988/2000.

(16)

1973 c. 26.

(17)

S.I. 1975/1763, amended by S.I. 1988/2000.

(18)

S.I. 2015/ 51.

(19)

1996 c. 23.