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Introductory Text
PART 1 PRELIMINARY
1.Citation and commencement
2.Interpretation
PART 2 PRINCIPAL POWERS
3.Development consent etc. granted by the Order
4.Maintenance of authorised development
5.Maintenance of drainage works
6.Limits of deviation
7.Benefit of Order
8.Consent to transfer benefit of Order
PART 3 STREETS
9.Application of the 1991 Act
10.Construction and maintenance of new, altered or diverted streets
11.Classification of roads, etc.
12.Temporary stopping up and restriction of use of streets
13.Permanent stopping up and restriction of use of streets and private means of access
14.Access to works
15.Clearways
16.Traffic regulation
PART 4 SUPPLEMENTAL POWERS
17.Discharge of water
18.Protective work to buildings
19.Authority to survey and investigate the land
PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND
20.Compulsory acquisition of land
21.Compulsory acquisition of land – incorporation of the mineral code
22.Time limit for exercise of authority to acquire land compulsorily
23.Compulsory acquisition of rights and restrictive covenants
24.Private rights over land
25.Modification of Part 1 of the 1965 Act
26.Application of the 1981 Act
27.Acquisition of subsoil or airspace only
28.Rights under or over streets
29.Temporary use of land for carrying out the authorised development
30.Temporary use of land for maintaining the authorised development
31.Statutory undertakers
32.Apparatus and rights of statutory undertakers in stopped up streets
33.Recovery of costs of new connections
PART 6 OPERATIONS
34.Felling or lopping of trees and removal of hedgerows
35.Trees subject to tree preservation orders
PART 7 MISCELLANEOUS AND GENERAL
36.Application of landlord and tenant law
37.Operational land for purposes of the Town and Country Planning Act 1990
38.Defence to proceedings in respect of statutory nuisance
39.Protection of interests
40.Certification of documents, etc.
41.Service of notices
42.Arbitration
Signature
SCHEDULES
SCHEDULE 1
AUTHORISED DEVELOPMENT
In the administration area of South Tyneside
A nationally significant infrastructure project as defined in sections 14...
Work No. 1 — The construction of a new cantilever...
Work No. 2 — The construction of a new section...
Work No. 3 —The construction of a new southbound A19...
Work No. 4 — The construction of a new cycle-track...
Work No. 5 — The construction of a new northbound...
Work No. 6 — The construction and realignment of a...
Work No. 7 — The construction of a new southbound...
Work No. 8 — The construction of a new northbound...
Work No. 9 — The diversion of 5 no. electric...
Work No. 10 — The construction of a drainage attenuation...
Work No. 11 — The construction of a new private...
Work No. 12 — Improvement to existing private means of...
Work No. 13 — The upgrade of the existing B27...
Work No. 14 — The construction of a new bridleway...
Work No. 15 — The construction of a new footpath...
Work No. 16 — The construction of a perimeter security...
Work No. 17 — The construction of a new footway...
Work No. 18 — The construction of a widened and...
Work No. 19 — The construction of an improved section...
Work No. 20 — The construction of a pedestrian crossing...
Work No. 21 — The construction of a new footway...
Work No. 22 — The alteration and realignment of Testo's...
Work No. 23 — Environmental mitigation works at Boldon Lake....
Work No. 24 — The diversion of a Northumbrian Water...
Work No. 25 — The diversion of British Telecommunications cables...
Work No. 26 — The diversion of a Northern Gas...
Work No. 27 — The stopping up of the B28...
Work No. 28 — The construction of a new northbound...
Work No. 29 — The construction of a new southbound...
Work No. 30 — The construction of a drainage attenuation...
Work No. 31 — The main site compound to include,...
In connection with the construction of any of those works,...
SCHEDULE 2
REQUIREMENTS
PART 1 REQUIREMENTS
1.Interpretation
2.Time limits
3.Detailed design
4.Construction and handover environmental management plans
5.Landscaping
6.Contaminated land and groundwater
7.Protected species
8.Surface and foul water drainage
9.Archaeological remains
10.Traffic management
11.Amendments to approved details
12.Fencing
PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS
13.Applications made under requirements
14.Further information
15.Register of requirements
16.Anticipatory steps towards compliance with any requirement
SCHEDULE 3
CLASSIFICATION OF ROADS, ETC.
PART 1 TRUNK ROADS
PART 2 CLASSIFIED ROADS
PART 3 OTHER PUBLIC RIGHTS OF WAY
SCHEDULE 4
PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS
PART 1 PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 2 PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND 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 AND IMPOSITION OF RESTRICTIVE COVENANTS
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 (compulsory purchase under Acquisition of Land Act 1946)...
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 SEWAGE UNDERTAKERS
1.For the protection of the utility undertakers referred to in...
2.In this Part of this Schedule— “alternative apparatus” means alternative...
On street apparatus
3.This Part of this Schedule does not apply to apparatus...
Apparatus in stopped up streets
4.(1) Where any street is stopped up under article 13...
Protective works to buildings
5.The undertaker, in the case of the powers conferred by...
Acquisition of land
6.Regardless of any provision in this Order or anything shown...
Removal of apparatus
7.(1) If, in the exercise of the powers conferred by...
Facilities and rights for alternative apparatus
8.(1) Where, in accordance with the provisions of this Part...
Retained apparatus
9.(1) Not less than 28 days before starting the execution...
Expenses and costs
10.(1) Subject to the following provisions of this paragraph, the...
11.(1) Subject to sub-paragraphs (2) and (3), if by reason...
Cooperation
12.Where in consequence of the proposed construction of any part...
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 31 (statutory...
17.(1) Subject to sub-paragraphs (2) to (4), if as the...
SCHEDULE 10
DOCUMENTS TO BE CERTIFIED
The reference to a document in the table with a...
Explanatory Note