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Introductory Text
PART 1 PRELIMINARY
1.Citation and commencement
2.Interpretation
3.Disapplication of legislative provisions
4.Maintenance of drainage works
PART 2 PRINCIPAL POWERS
5.Development consent etc. granted by the Order
6.Maintenance of authorised development
7.Planning permission
8.Limits of deviation
9.Benefit of Order
10.Consent to transfer benefit of Order
PART 3 STREETS
11.Application of the 1991 Act
12.Construction and maintenance of new, altered or diverted streets and other structures
13.Classification of roads, etc.
14.Temporary stopping up and restriction of use of streets
15.Permanent stopping up and restriction of use of streets and private means of access
16.Access to works
17.Clearways
PART 4 SUPPLEMENTAL POWERS
18.Discharge of water
19.Protective work to buildings
20.Authority to survey and investigate the land
PART 5 POWERS OF ACQUISITION
21.Compulsory acquisition of land
22.Compulsory acquisition of land - incorporation of the mineral code
23.Time limit for exercise of authority to acquire land compulsorily
24.Compulsory acquisition of rights
25.Public rights of way
26.Private rights over land
27.Modification of Part 1 of the 1965 Act
28.Application of the 1981 Act
29.Acquisition of subsoil or airspace only
30.Rights under or over streets
31.Temporary use of land for carrying out the authorised development
32.Temporary use of land for maintaining the authorised development
33.Statutory undertakers
34.Apparatus and rights of statutory undertakers in stopped up streets
35.Recovery of costs of new connections
36.Special category land
PART 6 OPERATIONS
37.Existing powers and duties of the undertaker
38.Felling or lopping of trees and removal of hedgerows
39.Trees subject to tree preservation orders
PART 7 MISCELLANEOUS AND GENERAL
40.Application of landlord and tenant law
41.Operational land for purposes of the 1990 Act
42.Defence to proceedings in respect of statutory nuisance
43.Protective provisions
44.Certification of plans, etc.
45.Service of notices
46.Arbitration
47.Traffic regulation
Signature
SCHEDULES
SCHEDULE 1
AUTHORISED DEVELOPMENT
In the administrative areas of Kent County Council and Ashford Borough Council
SCHEDULE 2
REQUIREMENTS
PART 1 REQUIREMENTS
1.Interpretation
2.Time limits
3.Construction Environmental Management Plan
4.Details of consultation
5.Landscaping
6.Implementation and maintenance of landscaping
7.Fencing
8.Land and groundwater contamination
9.Archaeology
10.Protected species
11.Traffic management
12.Detailed design
13.Surface and foul water drainage
14.Flood compensatory storage
15.Approvals and amendments to approved details
16.Alternative A2070 options
PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS
17.Applications made under requirements
18.Further information
19.Register of requirements
20.Anticipatory steps towards compliance with any requirement
SCHEDULE 3
CLASSIFICATIONS OF ROADS, ETC.
PART 1 SPECIAL ROADS
PART 2 TRUNK ROADS
PART 3 CLASSIFIED ROADS
PART 4 UNCLASSIFIED ROADS
PART 5 SPEED LIMITS
PART 6 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
PART 7 REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
PART 8 FOOTPATHS, CYCLE TRACKS AND FOOTWAYS
SCHEDULE 4
PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
PART 2 HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED
PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 5
LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
SCHEDULE 6
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1.The enactments for the time being in force with respect...
2.(1) Without limitation on the scope of paragraph 1, the...
3.(1) Without limitation on the scope of paragraph 1, the...
Application of Part 1 of the 1965 Act
4.Part 1 of the 1965 Act, as applied by section...
5.(1) The modification referred to in paragraph 4(a) are as...
SCHEDULE 7
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 8
TREES SUBJECT TO TREE PRESERVATION ORDERS
SCHEDULE 9
PROTECTIVE PROVISIONS
PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
1.For the protection of the utility undertakers referred to in...
2.In this Part of this Schedule— “alternative apparatus” means alternative...
3.On street apparatus
4.Apparatus in stopped up streets
5.Protective works to buildings
6.Acquisition of land
7.Removal of apparatus
8.Facilities and rights for alternative apparatus
9.Retained apparatus
10.Expenses and costs
11.(1) Subject to sub-paragraphs (2) and (3), if by reason...
12.Cooperation
13.Nothing in this Part of this Schedule affects the provisions...
PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
14.For the protection of any operator, the following provisions have...
15.In this Part of this Schedule— “the 2003 Act” means...
16.The exercise of the powers conferred by article 33 (statutory...
17.(1) Subject to sub-paragraphs (2) to (4), if as the...
PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
18.The following provisions apply for the protection of the Agency...
19.In this Part of this Schedule— “the Agency” means the...
20.(1) Before beginning to construct any specified work, the undertaker...
21.Without limitation on the scope of paragraph 20, but subject...
22.(1) Subject to sub-paragraph (2), any specified work, and all...
23.(1) Subject to sub-paragraph (6), the undertaker must from the...
24.If by reason of the construction of any specified work...
25.If by reason of construction of a specified work the...
26.(1) The undertaker must take all such measures as may...
27.(1) The undertaker must repay to the Agency all costs,...
28.If following construction of the authorised development the Agency’s access...
29.Any dispute arising between the undertaker and the Agency under...
SCHEDULE 10
ENVIRONMENTAL STATEMENT DOCUMENTS TO BE CERTIFIED
Explanatory Note