The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

SCHEDULES

Article 2

SCHEDULE 1 E+W AUTHORISED DEVELOPMENT

Commencement Information

I1 Sch. 1 in force at 19.2.2021, see art. 1

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In the administrative areas of Somerset County Council and South Somerset District Council

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The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act M1 , comprising—

Marginal Citations

M1 Section 22 was substituted by S.I. 2013/1883.

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Work No. 1 – Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of the A303 eastbound totalling 5590 metres in length, between point E 300 metres east of Higher Farm Lane Overbridge and point F 550 metres west of the Sparkford Railway Bridge. To include the construction of a new compact junction at Downhead to connect the A303 to the ‘Downhead Junction Link’ (Work No.18).

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Work No. 2 – Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of the A303 westbound totalling 5606 metres in length, between point E 300 metres east of the Higher Farm Lane Overbridge and point F 550 metres west of the Sparkford Railway Bridge. To include the construction of a new compact junction at Camel Cross to connect the A303 to the ‘Camel Cross Link’ (Work No.15).

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Work No. 3 – The construction of a new multi-purpose ‘Track 1’, shown on sheet 1 of the works plans between points DA and DB. To include access to land to the north of the new A303.

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Work No. 4 – The construction of a new multi-purpose ‘Track 3’, shown on sheet 1 of the works plans between points DQ and DV. To include accesses to land to the north of the new A303.

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Work No. 5 – Works associated with the closure of the existing slip road from the A303, shown on sheet 1 of the works plans between points G and H.

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Work No. 6 – The construction of ‘Pond 1’, shown on sheet 1 of the works plans. To include the construction of associated outfall works.

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Work No. 7 – The construction of ‘Pond 2’, shown on sheet 1 of the works plans. To include the construction of associated outfall works.

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Work No. 8 – The installation of new telecommunications cable and sub duct within existing duct, shown on sheet 1 of the works plans between points KR and JC.

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Work No. 9 – The decommissioning of 75 metres of electrical cable, shown on sheet 1 of the works plans between points JA and JB.

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Work No. 11 – The construction of new multi-purpose ‘Track 2’, shown on sheets 1 and 2 of the works plans between points DC and DD. To include accesses to land to the north of the new A303.

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Work No. 12 – The construction of new multi-purpose ‘Track 4’, shown on sheet 2 of the works plans between points DE and DF.

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Work No. 13 – The diversion of 1370 metres of telecommunications apparatus, shown on sheets 1 and 2 of the works plans between points JC and JF.

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Work No. 14 – The construction of new access ‘Track 9’, shown on sheets 1 and 2 of the works plans between points DG and DH. To include accesses to land to the south of the new A303.

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Work No. 15 – The construction of ‘Camel Cross link’, shown on sheet 2 of the works plans between points U and T.

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Work No. 16 – The construction of ‘B3151 link’, shown on sheet 2 of the works plans between points V and W. To include access to properties known as ‘Hawk House’ and ‘The Bungalow’ at Camel Cross.

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Work No. 17 – The construction of ‘Downhead Lane’, shown on sheet 2 of the works plans between points X and Y. To include—

(a) access to the property known as ‘The Spinney’.

(b) access to land to the north of the A303.

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Work No. 18 – The construction of ‘Downhead Junction Link’, shown on sheet 2 of the works plans between points AA and Z.

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Work No. 19 – The construction of ‘Howell Hill Link (West)’, shown on sheet 2 of the works plans between points AP and AQ.

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Work No. 20 – The construction of ‘Steart Hill Link to Old A303’, shown on sheet 2 of the works plans between points AR and AS.

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Work No. 21 – The construction of ‘Steart Hill Overbridge’, shown on sheet 2 of the works plans between points BA and BB.

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Work No. 22 – The construction of ‘Bund 1’, shown on sheet 2 of the works plans between points CA and CB.

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Work No. 23 - The construction of ‘Bund 2’, shown on sheet 2 of the works plans between points CC and CD.

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Work No. 24 – The construction of new maintenance access ‘Track 5’, shown on sheet 2 of the works plans between points DI and DJ.

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Work No. 25 – Works associated with the retention of the former A303 (Camel Cross to Steart Hill), shown on sheet 2 of the works plans between points W and AR. To include—

(a) carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

(b) removal of redundant traffic signs.

(c) modification of road markings.

(d) reprofiling of the carriageway surface.

(e) reprofiling of the adjacent existing footway.

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Work No. 26 – Works associated with the retention of the former A303 (West of Howell Hill), shown on sheet 2 of the works plans between points AQ and AF. To include—

(a) carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

(b) removal of redundant traffic signs.

(c) modification of road markings.

(d) reprofiling of the carriageway surface.

(e) reprofiling of the adjacent existing footway.

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Work No. 27 – Works associated with the closure of local road at Downhead, shown on sheet 2 of the works plans between points EJ and EK. To include the construction of Downhead Turning Head.

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Work No. 28 – The construction of ‘pond 3’, shown on sheet 2 of the works plans. To include the construction of associated outfall works.

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Work No. 29 - The construction of ‘pond 4’, shown on sheet 2 of the works plans. To include the construction of associated outfall works.

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Work No. 30 – The construction of ‘Steart Hill Roundabout’, shown on sheet 2 of the works plans.

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Work No. 31 – The installation of new telecommunications cable and sub duct in existing ducting, shown on sheet 2 of the works plans between points JF and JQ.

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Work No. 32 – The diversion of 500 metres of water distribution apparatus, shown on sheet 2 of the works plans between points JD and JJ.

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Work No. 33 – The diversion of 295 metres of telecommunications apparatus, shown on sheet 2 of the works plans between points JE and JH.

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Work No. 34 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 2 of the works plans between points JT and JU.

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Work No. 35 – Shown on sheet 2 of the works plans, the diversion of 170 metres of SSE low voltage cable electrical between points JL and JK.

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Work No. 36 – The diversion of 430 metres of telecommunications apparatus, shown on sheet 2 of the works plans between points JQ and JT.

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Work No. 37 – The diversion of 50 metres of electrical apparatus, shown on sheet 2 of the works plans between points KN and KO.

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Work No. 38 – The diversion of 500 metres of electrical apparatus, shown on sheet 2 of the works plans between points JG and JI.

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Work No.38a – The decommissioning of 275 metres of electrical cable, shown on sheet 2 of the works plans between points JI and JW.

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Work No. 41 – The construction of ‘Steart Hill Link’, shown on sheets 2 and 3 of the works plans between points AB and AC. To include access to land to the north of the A303.

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Work No. 42 – The construction of ‘Howell Hill Link (East)’, shown on sheets 2 and 3 of the works plans between points AF and AG. To include access to the properties known as ‘Hill View’, ‘Crusty Cottage’, ‘Lamorna’ and ‘West Camel Methodist Church’ near Canegore Corner.

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Work No. 43 – The diversion of 1210 metres of telecommunications apparatus, shown on sheets 2 and 3 of the works plans between points JP, JO, JN and JM, and JP, JO and KA.

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Work No. 44 – The diversion of 1470 metres of water supply apparatus, shown on sheets 2 and 3 of the works plans between points JM, JO, JP and JS, between points JP to JR and between points JO to KA.

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Work No. 45 – The diversion of 560 metres of telecommunications apparatus, shown on sheets 2 and 3 of the works plans between points JU and JX, and JU and JY.

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Work No. 46 – The diversion of 250 metres of water distribution apparatus, shown on sheets 2 and 3 of the works plans between points JU and JX.

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Work No. 47 - The diversion of 340 metres of telecommunications apparatus, shown on sheets 2 and 3 of the works plans between points JU and JY.

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Work No. 48 – The diversion of 380 metres of electrical apparatus, shown on sheets 2 and 3 of the works plans between points JV and JW, and JV and KP.

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Work No. 49 – The construction of a temporary southern earthworks haul route, shown on sheets 2 and 3 of the works plans between points LA and LB.

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Work No. 50 – The construction of ‘Hazlegrove Junction Eastbound Off-Slip’, shown on sheet 3 of the works plans between points M and N.

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Work No. 51 – The construction of ‘Steart Hill (North)’, shown on sheet 3 of the works plans between points AD and AE.

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Work No. 52 – The construction of ‘Steart Hill (South)’, shown on sheet 3 of the works plans between points AH and AI. To include access to the property known as ‘Bromar’ at Conegore Corner.

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Work No. 53 – The construction of ‘Vale Farm Link’, shown on sheet 3 of the works plans between points AL and AM. To include—

(a) access to the property known as ‘Pepper Hill Cottage’.

(b) access to land to the north of the new A303.

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Work No. 54 – The construction of ‘Hazlegrove Junction Underbridge’, shown on sheet 4 of the works plans between points BC and BD.

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Work No. 55 – The construction of ‘Bund 3’, shown on sheet 3 of the works plans between points CE and CF.

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Work No. 56 - The construction of ‘Bund 4’, shown on sheet 3 of the works plans between points CG and CH.

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Work No. 57 – The construction of new multi-purpose ‘Track 6’, shown on sheet 3 of the works plans between points DK and DL. To include access to land to the south of the new A303.

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Work No. 58 – The construction of new multi-purpose ‘Track 7’, shown on sheet 3 of the works plans between points DM and DN. To include access to land to the south of the new A303.

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Work No. 59 – Work number not used.

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Work No. 60 – Works associated with the retention of the former A303 (East of Steart Hill), shown on sheet 3 of the works plans between points AI and EA. To include—

(a) carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

(b) removal of redundant traffic signs.

(c) modification of road markings.

(d) reprofiling of the carriageway surface.

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Work No. 61 – Works associated with the closure of former A303, shown on sheet 3 of the works plans between points EA and EE. To include construction of Camel Hill Quarry Turning Head.

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Work No. 62 - Works associated with the closure of Traits Lane shown on sheet 3 of the works plans between points DN and EF. To include construction of Traits Lane Turning Head.

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Work No. 63 – Works associated with the closure of Gason Lane shown on sheet 3 of the works plans between points EG and EH. To include the construction of Gason Lane turning head.

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Work No. 64 – Works associated with the closure of the former A303 on sheet 3 of the works plans between points EI and EB. To include the construction of Camel Hill Services Turning Head.

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Work No. 65 – The construction of Camel Hill Roundabout, shown on sheet 3 of the works plans.

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Work No. 66 – Works to local road at Camel Hill, shown on sheet 3 of the works plans between points AL and FA. To include—

(a) verge reinforcement.

(b) remedial work to carriageway surfacing.

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Work No. 67 – Works to access from local road at Camel Hill, shown on sheet 3 of the works plans between points FA, FB and FC.

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Work No. 68 – Works to the existing ‘Steart Hill’, shown on sheet 3 of the works plans between points AE and AH. To include—

(a) installation of surface water drainage.

(b) utilities diversions.

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Work No. 69 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 3 of the works plans between points JY and KW and then between KX and KD.

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Work No. 70 – The diversion of 65 metres of electrical apparatus, shown on sheet 3 of the works plans between points JY and JZ.

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Work No. 71 – The diversion of 800 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points KB and KC.

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Work No. 72 – The diversion of 920 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points KD and KM.

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Work No. 73 – The diversion of 40 metres of electrical apparatus, shown on sheet 3 of the works plans between points KG and KJ.

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Work No. 74 – The diversion of 320 metres of public sewer, shown on sheet 3 of the works plans between points JX and KP.

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Work No. 75 – The diversion of 215 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points JY and KQ.

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Work No. 76 – The diversion of 260 metres of electrical apparatus, shown on sheet 3 of the works plans between points KE and KF.

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Work No. 77 – The diversion of 50 metres of water distribution apparatus, shown on sheet 3 of the works plans between points KH and KI.

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Work No. 78 – The diversion of 40 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points KJ and KK.

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Work No. 79 – The diversion of 275 metres of electrical apparatus, shown on sheet 3 of the works plans between points KJ and KL.

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Work No. 80 – The construction of a temporary northern earthworks haul route, shown on sheet 3 of the works plans between points LC and LD.

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Work No. 81 – The construction of ‘Camel Hill Link’, shown on sheets 3 and 4 of the works plans between points AJ and AK.

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Work No. 82 - The construction of ‘Bund 5’, shown on sheets 3 and 4 of the works plans between points CI and CJ.

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Work No. 83 – Works associated with the retention of the former A303 (West of Hazlegrove Roundabout), shown on sheets 3 and 4 of the works plans between points EB and AN. To include—

(a) carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

(b) removal of redundant traffic signs.

(c) modification of road markings.

(d) reprofiling of the carriageway surface.

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Work No. 84 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheets 3 and 4 of the works plans between points KM and KS.

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Work No. 85 – The construction of ‘Hazlegrove Junction Eastbound On-Slip’, shown on sheet 4 of the works plans between points AT and O.

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Work No. 86 – The construction of ‘Hazlegrove Junction Westbound On-Slip’, shown on sheet 4 of the works plans between points P and Q.

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Work No. 87 – The construction of ‘Hazlegrove Junction Westbound Off-Slip’, shown on sheet 4 of the works plans between points R and S.

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Work No. 88 – The construction of ‘Ridge Copse Link’, shown on sheet 4 of the works plans between points AN and AO.

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Work No. 89 - The construction of ‘Bund 6’, shown on sheet 4 of the works plans between points CK and CL.

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Work No. 90 - The construction of ‘Bund 7’, shown on sheet 4 of the works plans between points CM and CN.

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Work No. 91 - The construction of new maintenance access ‘Track 8’, shown on sheet 4 of the works plans between points DO and DP.

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Work No. 92 – The construction of ‘Hazlegrove School Access’, shown on sheet 4 of the works plans between points DT and DU.

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Work No. 93 – Works to the existing Hazlegrove Roundabout, shown on sheet 4 of the works plans. To include—

(a) removal of redundant traffic signs.

(b) modification of road markings.

(c) modification of splitter islands to accommodate public right of way.

(d) provision of a right of way facility around the southern and western perimeter of the roundabout.

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Work No. 94 - The construction of ‘Pond 5’, shown on sheet 4 of the works plans. To include the construction of associated outfall works.

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Work No. 95 – Works to the existing ‘Pond 6’, shown on sheet 4 of the works plans. To include—

(a) the construction of associated outfall works.

(b) removal of existing vegetation from within the existing pond

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Work No. 96 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 4 of the works plans between points KU and KV.

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Work No. 97 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 4 of the works plans between points KT and KU.

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Work No. 98 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 4 of the works plans between points KS and KT.

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Work No. 100 – The retention of a section of broadleaved woodland, shown on sheet 4 of the works plans.

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Work No. 101 – The retention of a section of broadleaved woodland, shown on sheet 4 of the works plans.

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Work No. 102 – The installation of new signage around Hazlegrove Roundabout to reflect new road layout.

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Work No. 103 – The installation of a new sign in the A303 Westbound verge.

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Work No. 105 – The construction of new multi-purpose ‘Track 10’, shown on sheet 3 of the works plans between points EL and EM.

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Works comprising associated development within the meaning of section 115(2) of the 2008 Act comprising—

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Work No. 10 – Ecological mitigation area for Greats Crested Newts, shown on sheet 1 of the works plans. To include—

(a) new wildlife pond.

(b) creation of a hibernacula.

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Work No. 39 – Ecological mitigation area for common reptiles, shown on sheet 2 of the works plans. To include—

(a) habitat improvement.

(b) creation of a hibernacula.

(c) installation of stock proof fencing.

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Work No. 40 – Ecological mitigation area for common reptiles, shown on sheet 2 of the works plans. To include—

(a) habitat improvement.

(b) creation of a hibernacula.

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Work No. 99 – Ecological mitigation area for Great Crested Newts, shown on sheet 4 of the works plans. To include the creation of a hibernacula.

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Work No. 104 – Widening of the carriageway of the public highway at the junction between Traits Lane and Blackwell Road shown on sheet 3 of the works plans.

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In connection with the construction of any of those works, further development within the Order limits consisting of—

(a) alteration to the layout of any street permanently or temporarily, including but not limited to increasing or reducing the width of the carriageway of the street by reducing or increasing the width of any kerb, footpath, footway, cycle track or verge within the street; and altering the level of any such kerb, footpath, footway, cycle track or verge;

(b) works required for the strengthening, improvement, maintenance or reconstruction of any street;

(c) refurbishment works to any existing bridge;

(d) the strengthening, alteration or demolition of any building;

(e) works in the verges of public highways;

(f) temporary diversions of public highways, including laying down or hard surfacing on any land to be used as a temporary diversion;

(g) creation and removal of ramps, means of access, footpaths, cycle tracks, bridleways and crossing facilities, including the hard surfacing of ways;

(h) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, barriers, pumping stations, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts;

(i) street works, including breaking up or opening up a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;

(j) works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, pipes, cables, ducts and lights;

(k) works to alter the course of or otherwise interfere with a watercourse;

(l) landscaping, noise bunds and barriers, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

(n) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soil stripping and storage, site levelling); remediation of contamination;

(o) the felling of trees;

(p) construction compounds and working sites, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences;

(q) the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development;

(r) removal, alteration and creation of boundary features including fencing and hedgerows; and

(s) such other works, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised development.

Article 5

SCHEDULE 2 E+W REQUIREMENTS

PART 1 E+W REQUIREMENTS

Interpretation E+W

1.  In this Schedule—

“CEMP” means the construction environmental management plan;

“contaminated land” has the same meaning as that given in section 78A M2 (preliminary) of the Environmental Protection Act 1990;

“Ecological Clerk of Works” means the individual appointed as such by the undertaker;

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 M3 ;

“HEMP” means the handover environmental management plan, being the CEMP, to be developed towards the end of the construction of the authorised development which is to contain—

(a)

the environmental information needed for the future maintenance and operation of the authorised development;

(b)

the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development;

(c)

a record of the consents, commitments and permissions resulting from liaison with statutory bodies; and

(d)

the ongoing commitments and obligations in the LEMP;

“LEMP” means the landscape and ecological management plan, including a reptile mitigation strategy and mitigation measures for Schedule 1 birds;

“priority species” has the same meaning given by Article 1(h) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M4 ;

“protected species” means species which are subject to protection under the laws of England or which are European protected species;

“Schedule 1 birds” means those birds listed within Schedule 1 (birds which are protected by special penalties) to the Wildlife and Countryside Act 1981;

“Somerset County Council's archaeological advisor” means the individual appointed as such by the relevant planning authority;

“written” includes shown in the form of a plan, section, drawing or any similar material which is submitted in compliance with any requirement.

Commencement Information

I2 Sch. 2 para. 1 in force at 19.2.2021, see art. 1

Marginal Citations

M2 Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25).

M3 S.I. 2017/1012.

M4 OJ No. L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193).

Time limits E+W

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

Commencement Information

I3 Sch. 2 para. 2 in force at 19.2.2021, see art. 1

Construction Environmental Management Plan E+W

3.—(1) No part of the authorised development is to commence until a CEMP has been prepared in consultation with the Defence Infrastructure Organisation, the Environment Agency, the relevant planning authority and the local highway authority and submitted to and approved in writing by the Secretary of State.

(2) The CEMP must—

(a) be substantially in accordance with the CEMP section of the outline environmental management plan and, in particular, must provide for compliance with the environmental commitments set out in Table 3.1 (record of environmental actions and commitments) of the outline environmental management plan;

(b) contain a record of all the sensitive environmental and cultural heritage features that have the potential to be affected by the construction of the proposed development;

(c) incorporate the relevant measures detailed in the environmental statement;

(d) include information on the control measures required to mitigate and reduce potential impacts which reflect the relevant mitigation measures included in the environmental statement;

(e) require adherence to working hours of 07:00 to 18:00 on Mondays to Fridays and 07:00 to 13:00 on Saturdays, except for—

(i) works requiring the full or partial closure of, or otherwise adversely affecting the operation of, the A303 highway;

(ii) works associated with the diversion of existing utilities;

(iii) works associated with traffic management and signal changes;

(iv) works associated with tie-ins to existing highways;

(v) deliveries of abnormally large or indivisible loads; and

(vi) any emergency works;

(f) include management plans, working methods and mitigation measures for each of the topics covered in the environmental statement, including—

(i) Arboricultural Method Statement;

(ii) Archaeological Written Scheme of Investigation;

(iii) Japanese Knotweed Management Plan;

(iv) Materials Management Plan;

(v) Soil Handling and Management Plan;

(vi) Site Waste Management Plan;

(vii) Community Relations Strategy;

(viii) Groundwater Monitoring Strategy;

(ix) Construction Lighting Plan;

(x) Asbestos Management Plan;

(xi) Pollution Incident Control Plan;

(xii) Noise and Vibration Monitoring Strategy; and

(xiii) Bird Hazard Management Plan.

(3) The authorised development must be constructed in accordance with the approved CEMP.

(4) Upon completion of construction of the authorised development the CEMP and LEMP must be converted into the HEMP, and the authorised development must be operated and maintained in accordance with the HEMP.

Commencement Information

I4 Sch. 2 para. 3 in force at 19.2.2021, see art. 1

Landscape and ecological management plan E+W

4.—(1) No part of the authorised development is to commence until a LEMP has been prepared in consultation with Natural England and the relevant planning authority and has been submitted to and approved in writing by the Secretary of State.

(2) Where the LEMP to be submitted under sub-paragraph (1) relates to or includes reference to any part of the Hazlegrove Registered Park and Garden, consultation must be undertaken with the Historic Buildings and Monuments Commission for England in addition to the consultees set out in sub-paragraph (1).

(3) The LEMP must—

(a) be substantially in accordance with the LEMP section of the outline environmental management plan;

(b) contain a record of all the sensitive environmental and cultural heritage features that have the potential to be affected by the construction of the proposed development;

(c) incorporate the relevant measures detailed in the environmental statement; and

(d) include information on the control measures required to mitigate and reduce potential impacts which reflect the mitigation measures included in the environmental statement.

(4) The authorised development must be constructed in accordance with the approved LEMP.

(5) Upon completion of construction of the authorised development, the ongoing commitments and obligations in the LEMP must be incorporated into the HEMP required under requirement 3(4) of this Part of this Schedule.

Commencement Information

I5 Sch. 2 para. 4 in force at 19.2.2021, see art. 1

Details of consultation E+W

5.—(1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule after consultation by the undertaker with another party, the details submitted must be accompanied by—

(a) a report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker's response to that consultation; and

(b) copies of all consultation responses received.

(2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.

(3) The undertaker must ensure that any consultation responses which request alterations to the details proposed by the undertaker are addressed in the details submitted to the Secretary of State for approval under this Schedule, however the undertaker must amend the details proposed in response to consultation only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.

(4) Where the requests made in consultation responses are not incorporated in the details submitted to the Secretary of State for approval, the undertaker must state in the report referred to under sub-paragraph (1) the reasons why any requests made in consultation responses have not been included in the submitted details. At the same time as sending that report to the Secretary of State for approval the undertaker must send a copy of that report by electronic transmission to any consultee who made representations on that matter.

Commencement Information

I6 Sch. 2 para. 5 in force at 19.2.2021, see art. 1

Landscaping E+W

6.—(1) No part of the authorised development is to commence until a written landscaping scheme for that part has, after consultation by the undertaker with the relevant planning authority and the local highway authority, been submitted to and approved in writing by the Secretary of State.

(2) Where the written landscaping scheme to be submitted under sub-paragraph (1) relates to or includes reference to any part of the Hazlegrove Registered Park and Garden, consultation must be undertaken with the Historic Buildings and Monuments Commission for England and the Gardens Trust in addition to the consultees set out in sub-paragraph (1).

(3) No part of the authorised development, including vegetation clearance, is to commence until an arboricultural walkover survey and tree survey for that part, taking due regard to the guidance in British Standard 5837:2012 or other recognised codes of good practice, have been undertaken to identify any significant constraints posed by trees.

(4) The landscaping scheme prepared under sub-paragraph (1) must be based on the environmental statement and the results of the surveys undertaken under sub-paragraph (3), and must be in accordance with the LEMP.

(5) The landscaping scheme prepared under sub-paragraph (1) must include details of hard and soft landscaping works, including—

(a) surveys, assessments and method statements as guided by BS 5837:2012 and the Hedgerows Regulations 1997 M5 ;

(b) location, species, size and planting density of any proposed planting;

(c) cultivation, importing of materials and other operations to ensure plant establishment;

(d) proposed finished ground levels and profiles of any proposed bunds and cuttings;

(e) hard surfacing materials, including surfacing of access tracks and roads and surfacing or facing materials of bunds;

(f) details of existing trees to be retained, with measures for their protection during the construction period;

(g) details of boundary treatments, environmental barriers, stone walls, fencing, gates and stiles, and

(h) implementation timetables for all landscaping works.

Commencement Information

I7 Sch. 2 para. 6 in force at 19.2.2021, see art. 1

Marginal Citations

M5 S.I. 1997/1160.

Implementation and maintenance of landscaping E+W

7.—(1) All landscaping works must be carried out in accordance with the landscaping scheme approved under requirement 6.

(2) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

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

Commencement Information

I8 Sch. 2 para. 7 in force at 19.2.2021, see art. 1

Land and groundwater contamination E+W

8.—(1) No part of the authorised development is to commence until a contamination risk assessment in respect of controlled waters has been produced which is to include details of—

(a) any existing sources of contamination within the Order limits that may be affected by the carrying out of the authorised development;

(b) any reasonably required protective measures to ensure that the carrying out of the authorised development does not make worse any adverse conditions or risks associated with such existing sources of contamination; and

(c) appropriate remediation strategies and mitigation measures to address any historic contamination which is shown to be having significant, unacceptable effects on the environment within the context of the proposed works,

and the assessment has, after consultation by the undertaker with the Environment Agency, been submitted to and approved by the Secretary of State.

(2) The steps and measures that are identified as necessary for the purposes of carrying out the authorised development in the assessment referred to in sub-paragraph (1) must be implemented as part of the authorised development.

(3) In the event that contaminated land or material, including impacted groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, the undertaker must cease construction of the authorised development in the vicinity of that contamination and must report it immediately in writing to the Secretary of State, the Environment Agency and the relevant planning authority, and in agreement with the Environment Agency and the relevant planning authority undertake a risk assessment of the contamination, and sub-paragraphs (4) and (5) will apply.

(4) Where the undertaker determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose, must, after consultation by the undertaker with the Environment Agency and the relevant planning authority, be prepared, submitted to and approved in writing by the Secretary of State.

(5) Remedial measures must be carried out in accordance with the approved scheme.

Commencement Information

I9 Sch. 2 para. 8 in force at 19.2.2021, see art. 1

Archaeology E+W

9.—(1) No part of the authorised development is to commence until a written scheme of investigation for the investigation and mitigation of areas of archaeological interest for each area and/or each phase in that part, has been prepared by the undertaker in consultation with the relevant planning authority and the local highway authority, agreed with Somerset County Council's archaeological advisor and submitted to and approved in writing by the Secretary of State. The written scheme of investigation must reflect the mitigation measures included in the environmental statement and the outline written heritage scheme of investigation, and include provision for sub-schemes for specific works, areas or locations, which may include evaluation, detailed excavation or archaeological monitoring plans.

(2) The authorised development must be carried out in accordance with the archaeological framework strategy and written schemes of investigation referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State.

(3) A programme of archaeological reporting, post excavation and publication required as part of the archaeological framework strategy and written schemes of investigation referred to in sub-paragraph (1) must be agreed with Somerset County Council's archaeological advisor and implemented within a timescale agreed with Somerset County Council's archaeological advisor and deposited with the Historic Environment Record of the relevant planning authority within two years of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority.

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be subject to appropriate mitigation as set out in the archaeological framework strategy and mitigation agreed with Somerset County Council's archaeological advisor.

(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date they are identified unless otherwise agreed in writing by the Secretary of State.

(6) No later than the expiry of the period of 10 working days beginning with the first working day after the completion of the authorised development, suitable resources and provisions for long term storage of the archaeological archive will be agreed with Somerset County Council's archaeological advisor.

Commencement Information

I10 Sch. 2 para. 9 in force at 19.2.2021, see art. 1

Ecology, Priority and Protected species E+W

10.—(1) No part of the authorised development may be undertaken unless the ecological effects are supervised by an appropriately qualified person appointed by the undertaker, which person may be the Ecological Clerk of Works.

(2) In the event that any protected or priority species which were not previously identified in the environmental statement or nesting birds are found at any time when carrying out the authorised development the undertaker must cease construction works near their location and report it immediately to the Ecological Clerk of Works.

(3) The undertaker must prepare a written scheme for the protection and mitigation measures for any protected species that were not previously identified in the environmental statement or nesting birds found when carrying out the authorised development. Where nesting birds are identified works should cease within the evidenced zone of likely disturbance of the nest for that species until birds have fledged and the nest is no longer in use. Specific mitigation measures for Schedule 1 birds recorded within the proposed development site, comprising barn owl and hobby, must be set out in the LEMP. The LEMP will state that appropriate buffer zones for any other nesting bird species found during construction works will be determined by the Ecological Clerk of Works, dependent on the nesting bird species and nature of works in proximity to the nest.

(4) The undertaker must implement the written scheme prepared under sub-paragraph (3) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.

Commencement Information

I11 Sch. 2 para. 10 in force at 19.2.2021, see art. 1

Traffic management E+W

11.—(1) No part of the authorised development is to commence until a traffic management plan for the construction of the authorised development, substantially in accordance with the outline traffic management plan, has, after consultation by the undertaker with the local highway authority and South Somerset District Council, been submitted to and approved in writing by the Secretary of State.

(2) The authorised development must be constructed in accordance with the approved traffic management plan.

Commencement Information

I12 Sch. 2 para. 11 in force at 19.2.2021, see art. 1

Detailed design E+W

12.—(1) No part of the authorised development is to commence until the detailed design of that part has, after consultation with the Defence Infrastructure Organisation, the relevant planning authority and local highway authority on matters related to their functions, been approved in writing by the Secretary of State.

(2) The details to be approved under this requirement must include—

(a) plans, with annotations where required, showing the limits of responsibility for the operational maintenance of any work and which person or body is responsible for maintaining any part;

(b) a signage strategy for the authorised development, including two information boards in the vicinity of the authorised development and which are accessible by the public to set out the history of the road; and

(c) the width and limitations of any public rights of way which are created or altered by this Order.

(3) Where protective works under article 21 are required to a listed building within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 M6 , and such works would cause or require to be caused permanent change or alteration of the listed features in any manner which would affect its character as a building of special architectural or historic interest, the protective works must be set out in the detailed design submitted under sub-paragraph (1) and consultation on the relevant details must be undertaken with the Historic Buildings and Monuments Commission for England in addition to the bodies listed in sub-paragraph (1).

(4) Following approval of detailed design under sub-paragraph (1), the undertaker may, after further consultation with the relevant planning authority and local highway authority on matters related to their functions, submit in writing amended detailed design for any part of the authorised development to the Secretary of State.

(5) The details to be approved under sub-paragraph (1) or any subsequent amendment of those details approved under sub-paragraph (4) may depart from the preliminary scheme design shown on the works plans and the engineering section drawings only where the Secretary of State is satisfied that departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(6) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the approved details, corresponding works plans or engineering section drawings and the undertaker must make those amended details available in electronic form for inspection by members of the public and must be notified by means of electronic transmission to the Environment Agency, the local highway authority, the relevant planning authority, and where works relate to the Hazlegrove House Registered Park and Garden, the Historic Buildings and Monuments Commission for England.

Commencement Information

I13 Sch. 2 para. 12 in force at 19.2.2021, see art. 1

Marginal Citations

M6 1990 c. 9.

Surface water drainage E+W

13.—(1) No part of the authorised development is to commence until, after consultation by the undertaker with the relevant planning authority, the lead local flood authority, the local highway authority and the Environment Agency, written details of the surface water drainage system, reflecting the mitigation measures in the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State.

(2) Prior to consultation with the relevant planning authority, the lead local flood authority and the Environment Agency as required by sub-paragraph (1), the undertaker will carry out—

(a) a CCTV survey of the location and condition of all drainage assets where—

(i) the existing A303 is to be de-trunked and retained; and

(ii) the existing A303 drainage is connecting into the proposed drainage network; and

(b) a topographical and condition survey (i.e. visual inspection) of the extents of the ditches downstream of the proposed outfalls as follows—

(i) outfall from Pond 1: up to and including culvert at Farm Lane overbridge (SMIS reference: 6245, culvert registration ID: 13795);

(ii) outfall from Ponds 2 and 3: up to and including culvert at Royal Naval Air Station Yeovilton;

(iii) outfall from Pond 4: up to culvert north of Frog Lane, West Camel (DRN ID: EAEW1001000000172218); and

(iv) outfall from Pond 5 and 6: up to Dyke Brook; and

(c) an assessment of the sustainability of the drainage proposals and of the opportunities to increase sustainable drainage provision.

(3) The undertaker will make the results of the surveys and assessments undertaken in accordance with this requirement available to the relevant planning authority, the lead local flood authority, the local highway authority and the Environment Agency when undertaking any consultation required by sub-paragraph (1).

(4) The drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) unless after consultation with the relevant planning authority, the local highway authority and the Environment Agency, otherwise agreed in writing by the Secretary of State.

(5) Runoff from natural catchments must be intercepted to prevent flooding of the carriageway in accordance with HA106/04.

(6) Highway drainage will be designed in accordance with HD 33/16 Design of Highway Drainage Systems and any subsequent design manuals amending or replacing that. The system as a minimum must achieve—

(a) no surcharge of the drainage system during the 100% Annual Exceedance Probability (AEP) storm event;

(b) no flooding from the drainage system during the 20% Annual Exceedance Probability (AEP) storm event;

(c) design exceedance management during the 1% Annual Exceedance Probability (AEP) storm event;

(d) an allowance for the effects of climate change by allowing for a 40% increase in rainfall intensity.

(7) The highway drainage system off-site discharge will be limited, up to and including the 1% annual probability (1 in 100 year event) plus a 40% allowance for climate change, to no greater than the undeveloped rate of run-off as determined by the calculation of Qbar or 2 l/s/ha.

(8) In this paragraph, “the lead local flood authority” has the same meaning as in the Flood and Water Management Act 2010 M7 .

Commencement Information

I14 Sch. 2 para. 13 in force at 19.2.2021, see art. 1

Marginal Citations

M7 2010 c. 29.

Noise mitigation E+W

14.—(1) No part of the authorised development is to commence until, after consultation by the undertaker with the relevant planning authority, written details of proposed noise mitigation in respect of the construction, use and operation of that part of the authorised development have been submitted to and approved in writing by the Secretary of State.

(2) Either—

(a) the written details referred to in sub-paragraph (1) must reflect the mitigation measures included in the environmental statement; or

(b) where the mitigation proposed materially differs from the mitigation identified in the environmental statement, the undertaker must provide evidence with the written details submitted that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement taking into account the mitigation identified in it.

(3) The noise mitigation must be constructed in accordance with the approved details referred to in sub-paragraph (1) and must be retained thereafter.

Commencement Information

I15 Sch. 2 para. 14 in force at 19.2.2021, see art. 1

Highway lighting E+W

15.—(1) No part of the authorised development is to commence until a written scheme of the proposed highway lighting to be provided for that part of the authorised development has, after consultation by the undertaker with South Somerset District Council and (in the case of proposed lighting for any highway for which the undertaker is not, or will not be following implementation of article 14(2), the highway authority) the local highway authority, been submitted to and approved in writing by the Secretary of State.

(2) Either—

(a) the standard of the highway lighting to be provided by the scheme referred to in sub-paragraph (1) must either reflect the standard of the highway lighting included in the environmental statement; or

(b) where the standard of the highway lighting proposed materially differs from the standard of the highway lighting identified in the environmental statement, the undertaker must provide evidence with the written scheme submitted for approval that the standard of the highway lighting proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(3) The standard of the highway lighting must encompass the specification, level of provision, light spillage, intensity and brightness of the highway lighting.

(4) The authorised development must be carried out in accordance with the scheme approved under sub-paragraphs (1) and (2).

(5) Nothing in this requirement restricts the lighting of the authorised development during its construction or where temporarily required for maintenance.

Commencement Information

I16 Sch. 2 para. 15 in force at 19.2.2021, see art. 1

Delivery approach plan E+W

16.—(1) No part of the authorised development is to commence until a delivery approach plan for the construction of the authorised development has, after consultation by the undertaker with the local highway authority and relevant planning authority, been submitted to and approved in writing by the Secretary of State. The delivery approach plan must set how the authorised development will be delivered to ensure that mitigation works will be in place at the point when the works for which that mitigation is required are completed, which mitigation works include but are not limited to—

(a) the landscaping approved under requirements 6 and 7;

(b) the surface water drainage approved under requirement 13;

(c) the noise mitigation approved under requirement 14; and

(d) the highway lighting approved under requirement 15.

(2) Where any requirement refers to any part of the authorised development and discharge is sought for a part, the delivery approach plan must set out how that part fits into the overall plan and why it is appropriate for that part to commence as a part.

Commencement Information

I17 Sch. 2 para. 16 in force at 19.2.2021, see art. 1

Provision of non-motorised user route at western end E+W

17.  No part of the authorised development is to commence until details of a scheme for a bridleway connecting Eastmead Lane from the closure marked B1 on the rights of way and access plans with the southern side of the A303 by way of the Higher Farm Lane overbridge have, after consultation by the undertaker with Somerset County Council, been submitted to and approved in writing by the Secretary of State. The scheme submitted for approval must include an explanation of the mechanisms for delivery of the measures and works set out in it, and where any legal agreement is required, must include a copy of the agreement in terms agreed by the proposed parties.

Commencement Information

I18 Sch. 2 para. 17 in force at 19.2.2021, see art. 1

No through road signs for Traits Lane and Gason Lane E+W

18.  Notwithstanding any provision in this Order, the existing junctions of Traits Lane and Gason Lane with the A303 must not be closed to traffic until a scheme securing the delivery of no through road signs to be installed at the southern junctions of these roads with Blackwell Road has, after consultation by the undertaker with the traffic authority, been submitted to and approved in writing by the Secretary of State.

Commencement Information

I19 Sch. 2 para. 18 in force at 19.2.2021, see art. 1

Speed limit on B3151 E+W

19.  Notwithstanding any provision in this Order, the existing junction of the B3151 with the A303 must not be reconfigured until a scheme securing the promotion of a traffic regulation order under the 1984 Act amending the speed limit of this road by Somerset County Council at the expense of the undertaker has been submitted to and approved in writing by the Secretary of State.

Commencement Information

I20 Sch. 2 para. 19 in force at 19.2.2021, see art. 1

Traffic monitoring and mitigation in Sparkford E+W

20.—(1) No part of the authorised development is to commence until written details of a traffic impact monitoring and mitigation scheme for Sparkford High Street has [F1 , after consultation by the undertaker with the local highway authority, been submitted to and approved in writing by the Secretary of State].

(2) The traffic impact monitoring and mitigation scheme must include—

(a) a before and after survey to assess the changes in traffic;

(b) the locations to be monitored and the methodology to be used to collect the required data;

(c) the periods over which traffic is to be monitored;

(d) the submission of survey data and interpretative report to the local highway authority; and

(e) a mechanism for the future approval of mitigation measures together with a programme for their implementation.

(3) The scheme approved under sub-paragraph (1) must be implemented by the undertaker

Textual Amendments

F1 Words in Sch. 2 inserted (21.5.2021) by virtue of The A303 Sparkford to Ilchester Dualling Development Consent (Correction) Order 2021 (S.I. 2021/607), arts. 1, 2, Sch.

Commencement Information

I21 Sch. 2 para. 20 in force at 19.2.2021, see art. 1

Approvals and amendments to approved details E+W

21.  With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed in writing by the Secretary of State.

Commencement Information

I22 Sch. 2 para. 21 in force at 19.2.2021, see art. 1

PART 2 E+W PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements E+W

22.—(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker, the relevant planning authority and the local highway authority of the decision on the application within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the Secretary of State;

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 23; or

(c) such longer period as may be agreed between the parties.

(2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(3) Where—

(a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

(b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

(c) the application is accompanied by a report that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved,

then the application is taken to have been refused by the Secretary of State at the end of that period.

Commencement Information

I23 Sch. 2 para. 22 in force at 19.2.2021, see art. 1

Further information E+W

23.—(1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

(2) In the event that the Secretary of State considers such further information to be necessary, the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within this 21 day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 21 and in this paragraph.

(4) In this paragraph, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971 M8 .

Commencement Information

I24 Sch. 2 para. 23 in force at 19.2.2021, see art. 1

Marginal Citations

M8 1971 c. 80.

Register of requirements E+W

24.—(1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

(2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

(3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Commencement Information

I25 Sch. 2 para. 24 in force at 19.2.2021, see art. 1

Anticipatory steps towards compliance with any requirement E+W

25.  If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

Commencement Information

I26 Sch. 2 para. 25 in force at 19.2.2021, see art. 1

Articles 13, 14 and 18

SCHEDULE 3 E+W CLASSIFICATION OF ROADS, ETC.

PART 1 E+W TRUNK ROADS

Commencement Information

I27 Sch. 3 Pt. 1 in force at 19.2.2021, see art. 1

• Shown as dashed purple lines on the Classification of Roads Plans

  (1) Area (Parish)	(2) Length of road
  Yeovilton West Camel Queen Camel Sparkford	A303 eastbound between points A and B on sheets 1,2,3 and 4 of the Classification of Roads Plans, comprising of 5590 metres.
  Yeovilton West Camel Queen Camel Sparkford	A303 westbound between points C and D on sheets 1,2,3 and 4 of the Classification of Roads Plans, comprising of 5606 metres.
  West Camel	Camel Cross Westbound Merge between points H and I of sheet 2 of the Classifications of Roads Plans, comprising of 78 metres.
  West Camel	Camel Cross Link between points T and H on sheet 2 of the Classification of Roads Plans, comprising of 83 metres.
  West Camel	Camel Cross Westbound Diverge between points G and H of sheet 2 of the Classifications of Roads Plans, comprising of 58 metres.
  West Camel	Downhead Junction Eastbound Diverge between points J and K on sheet 2 of the Classification of Roads Plans comprising of 38 metres.
  West Camel	Downhead Junction Link between points K and Y on sheet 2 of the Classification of Roads Plans, comprising of 36 metres.
  West Camel	Downhead Junction Eastbound Merge between points K and L on sheet 2 of the Classification of Roads Plans, comprising of 36 metres.
  Queen Camel	Hazlegrove Junction Eastbound Off Slip between points M and N on sheet 3 of the Classification of Roads Plans, comprising of 228 metres.
  Queen Camel Sparkford	Hazlegrove Junction Eastbound On Slip between points AT and O on sheet 4 of the Classification of Roads Plans, comprising of 431 metres.
  Sparkford	Hazlegrove Junction Westbound On Slip between points P and Q on sheet 4 of the Classification of Roads Plans, comprising of 313 metres.
  Sparkford	Hazlegrove Junction Westbound Off Slip between points R and S on sheet 4 of the Classification of Roads Plans, comprising of 340 metres.

PART 2A E+W ROADS TO BE DE-TRUNKED AND VESTED IN SOMERSET COUNTY COUNCIL

Commencement Information

I28 Sch. 3 Pt. 2A in force at 19.2.2021, see art. 1

(1) Area Parish	(2) Length of road
West Camel	Former A303 from Camel Cross to Steart Hill between points W and AR on sheet 1 of the De-trunking plans, comprising of 535 metres.
West Camel	Former A303 West of Howell Hill between points AQ and AF on sheet 2 of the De-trunking plans, comprising of 120 metres.
West Camel Queen Camel	Former A303 east of Steart Hill between points AI and EA on sheet 2 of the De-trunking plans, comprising of 279 metres.
Sparkford	Hazlegrove roundabout between points P, S, AO and AK on sheet 3 of the De-trunking plans comprising of 167 metres.

PART 2B E+W ROADS TO BE DE-TRUNKED AND REMAIN UNDER THE CONTROL AND MANAGEMENT OF THE UNDERTAKER

Commencement Information

I29 Sch. 3 Pt. 2B in force at 19.2.2021, see art. 1

Queen Camel Sparkford

Former A303 west of Hazlegrove roundabout between points AN and EI on sheet 3 of the De-trunking plans, comprising of 622 metres.

PART 3 E+W CLASSIFIED A ROADS

Commencement Information

I30 Sch. 3 Pt. 3 in force at 19.2.2021, see art. 1

• Shown as dashed blue lines on the Classification of Roads Plans

  (1) Area	(2) Length of road
  Queen Camel	Camel Hill Roundabout on sheet 3 of the Classification of Roads Plans, circulatory carriageway length comprising of 113 metres.
  Queen Camel Sparkford	Camel Hill Link, between points AJ and AK on sheets 3 and 4 of the Classification of Roads Plans, comprising of 687 metres.
  Sparkford	Hazlegrove Roundabout on sheet 4 of the Classification of Roads Plans, circulatory carriageway length comprising of 167 metres.

PART 4 E+W CLASSIFIED B ROADS

Commencement Information

I31 Sch. 3 Pt. 4 in force at 19.2.2021, see art. 1

• Shown as dashed green lines on the Classification of Roads Plans

  (1) Area	(2) Length of road
  West Camel	B3151 Link between points V and W, on sheet 2 of the Classification of Roads Plans, comprising of 490 metres.
  West Camel	Former A303 (Camel Cross to Steart Hill) between points W and AR on sheet 2 of the Classification of Roads Plans, comprising of 535 metres.
  West Camel	Steart Hill Link to Old A303 between points AR and AS on sheet 2 of the Classification of Roads Plans, comprising of 210 metres.
  West Camel	Downhead Junction Link between points Z and Y on sheet 2 of the Classification of Roads Plans, comprising of 305 metres.
  West Camel	Steart Hill Roundabout on sheet 2 of the Classification of Roads Plans, circulatory carriageway length comprising of 88 metres.

PART 5 E+W UNCLASSIFIED ROADS

Commencement Information

I32 Sch. 3 Pt. 5 in force at 19.2.2021, see art. 1

• Shown as dashed orange lines on the Classification of Roads Plans

  (1) Area	(2) Length of road
  West Camel	Howell Hill Link (West) between points AP and AQ on sheet 2 of the Classification of Roads Plans, comprising 180 metres.
  West Camel	Former A303 (West of Howell Hill) between points AQ and AF on sheet 2 of the Classification of Roads Plans, comprising 120 metres.
  West Camel	Howell Hill Link (East) between points AF and AG on sheets 2 and 3 of the Classification of Roads Plans, comprising 376 metres.
  West Camel	Downhead Lane between points X and Y on sheet 2 of the Classification of Roads Plans, comprising 365 metres.
  West Camel	Steart Hill Link between points AB and AC on sheets 2 and 3 of the Classification of Roads Plans, comprising 594 metres.
  West Camel	Steart Hill (north) between points AD and AE on sheet 3 of the Classification of Roads Plans, comprising 54 metres.
  West Camel	Steart Hill between points AE and AH on sheet 3 of the Classification of Roads Plans, comprising 72 metres.
  West Camel	Steart Hill (south) between points AH and AI on sheet 3 of the Classification of Roads Plans, comprising 120 metres.
  West Camel Queen Camel	Former A303 (East of Steart Hill) between points AI and EA on sheet 3 of the Classification of Roads Plans, comprising 235 metres.
  Queen Camel	Camel Hill Quarry Turning Head between points EA and EE on sheet 3 of the Classification of Roads Plans, comprising of 44 metres.
  West Camel	Downhead Turning Head between points EK and EJ on sheet 2 of the Classification of Roads Plans, comprising of 33 metres.
  Queen Camel	Vale Farm Link between points AL and AM on sheet 3 of the Classification of Roads Plans, comprising 339 metres.
  Queen Camel	Camel Hill Services Turning Head between points EI and EB on sheet 3 of the Classification of Roads Plans, comprising of 32 metres.
  Queen Camel	Gason Lane Turning Head between points EG and EH on sheet 3 of the Classification of Roads Plans, comprising of 33 metres.
  Queen Camel Sparkford	Former A303 (West of Hazlegrove Roundabout) between points EB and AN on sheets 3 and 4 of the Classification of Roads Plans, comprising 596 metres.
  Sparkford	Ridge Copse Link between points AN and AO on sheet 4 of the Classification of Roads Plans, comprising 87 metres.
  Queen Camel	Traits Lane Turning Head between points DN and EF on sheet 3 of the Classification of Roads Plans, comprising 39 metres.

PART 6 E+W SPEED LIMITS

Commencement Information

I33 Sch. 3 Pt. 6 in force at 19.2.2021, see art. 1

(1) Area	(2) Road name, number and length	(3) Speed limit
Yeovilton West Camel Queen Camel Sparkford	A303 eastbound, comprising a length of 5590 metres Shown as a dashed purple line between points A and B as shown on sheets 1,2,3 and 4 of the Permanent Speed Limit Order Plans.	National Speed Limit
Yeovilton West Camel Queen Camel Sparkford	A303 westbound, comprising a length of 5606 metres Shown as a dashed purple line between points C and D as shown on sheets 1,2,3 and 4 of the Permanent Speed Limit Order Plans.	National Speed Limit
West Camel	B3151 Link shown as a dashed green line between points V and W on sheet 2 of the Permanent Speed Limit Order Plans, comprising 490 metres.	50 miles per hour
West Camel	Camel Cross Junction Westbound Merge shown as a dashed purple line between points H and I on sheet 2 of the Permanent Speed Limit Order Plans comprising of 78 metres.	National Speed Limit
West Camel	Camel Cross Link shown as a dashed purple line between points T and H on sheet 2 of the Permanent Speed Limit Order Plans, comprising 79 metres.	National Speed Limit
West Camel	Camel Cross Junction Westbound Diverge shown as a dashed purple line between points G and H on sheet 2 of the Permanent Speed Limit Order Plans, comprising of 58 metres.	National Speed Limit
West Camel	Downhead Turning Head shown as a dashed purple line between points EJ and EK on sheet 2 of the Permanent Speed Limit Order Plans, comprising 33 metres.	National Speed Limit
West Camel	Former A303 (Camel Cross to Steart Hill) shown as a dashed green line between points W and AR on sheet 2 of the Permanent Speed Limit Order Plans, comprising 535 metres.	50 miles per hour
West Camel	Downhead Lane shown as a dashed purple line between points X and Y on sheet 2 of the Permanent Speed Limit Order Plans, comprising 365 metres.	National Speed Limit
West Camel	Downhead Junction Eastbound Diverge shown as a dashed purple line between points J and K on sheet 2 of the Permanent Speed Limit Order Plans, comprising of 38 metres.	National Speed Limit
West Camel	Downhead Junction Link shown as a dashed purple line between points K and Z on sheet 2 of the Permanent Speed Limit Order Plans, comprising 338 metres.	National Speed Limit
West Camel	Downhead Junction Eastbound Merge shown as a dashed purple line between points K and L on sheet 2 of the Permanent Speed Limit Order Plans, comprising of 36 metres.	National Speed Limit
West Camel	Steart Hill Link to Old A303 shown as a dashed green line between points AR and AS on sheet 2 of the Permanent Speed Limit Order Plans, comprising 210 metres.	50 miles per hour
West Camel	Steart Hill Roundabout shown as a dashed green line on sheet 2 of the Permanent Speed Limit Order Plans, circulatory carriageway length comprising 88 metres.	50 miles per hour
West Camel	Steart Hill Link shown as a dashed purple line between points AB and EL on sheets 2 and 3 of the Permanent Speed Limit Order Plans, comprising 417 metres.	National Speed Limit
West Camel	Howell Hill Link (West) shown as a dashed orange line between points AP and AQ on sheet 2 of the Permanent Speed Limit Order Plans, comprising 180 metres.	30 miles per hour
West Camel	Former A303 (West of Howell Hill) shown as a dashed orange line between points AQ and AF on sheet 2 of the Permanent Speed Limit Order Plans, comprising 120 metres.	30 miles per hour
West Camel	Howell Hill Link (East) shown as a dashed orange line between points AF and AG on sheets 2 and 3 of the Permanent Speed Limit Order Plans, comprising 376 metres.	30 miles per hour
West Camel	Steart Hill Link shown as a dashed orange line between points EL and AC on sheet 3 of the Permanent Speed Limit Order Plans, comprising 174 metres.	30 miles per hour
West Camel	Steart Hill (north) shown as a dashed orange line between points AD and AE on sheet 3 of the Permanent Speed Limit Order Plans, comprising 54 metres.	30 miles per hour
West Camel	Steart Hill shown as a dashed orange line between points AE and AH on sheet 3 of the Permanent Speed Limit Order Plans, comprising 72 metres.	30 miles per hour
West Camel	Steart Hill (south) shown as a dashed orange line between points AH and AI on sheet 3 of the Permanent Speed Limit Order Plans, comprising 120 metres.	30 miles per hour
West Camel Queen Camel	Former A303 (East of Steart Hill) shown as a dashed orange line between points AI and EA on sheet 3 of the Permanent Speed Limit Order Plans, comprising 235 metres.	30 miles per hour
Queen Camel	Camel Hill Quarry Turning Head shown as a dashed orange line between points EA and EE on sheet 3 of the Permanent Speed Limit Order Plans, comprising 44 metres.	30 miles per hour
Queen Camel	Traits Lane Turning Head shown as a dashed purple line between points DN and EF on sheet 3 of the Permanent Speed Limit Order Plans, comprising 39 metres.	National Speed Limit
Queen Camel	Vale Farm Link shown as a dashed purple line between points AL and AM on sheet 3 of the Permanent Speed Limit Order Plans, comprising 339 metres.	National Speed Limit
Queen Camel	Hazlegrove Junction Eastbound Off slip shown as a dashed purple line between points M and N on sheet 3 of the Permanent Speed Limit Order Plans, comprising 228 metres.	National Speed Limit
Queen Camel	Gason Lane Turning Head shown as a dashed purple line between points EH and EG on sheet 3 of the Permanent Speed Limit Order Plans, comprising 33 metres.	National Speed Limit
Queen Camel	Camel Hill Roundabout shown as a dashed purple line on sheet 3 of the Permanent Speed Limit Order Plans, circulatory carriageway length comprising 113 metres.	National Speed Limit
Queen Camel	Camel Hill Services Turning Head shown as a dashed purple line between points EI and EB on sheet 3 of the Permanent Speed Limit Order Plans, comprising 32 metres.	National Speed Limit
Queen Camel Sparkford	Camel Hill Link shown as a dashed purple line between points AJ and AK on sheets 3 and 4 of the Permanent Speed Limit Order Plans, comprising 687 metres.	National Speed Limit
Sparkford Queen Camel	Former A303 (West of Hazlegrove Roundabout) shown as a dashed purple line between points EB and AN on sheet 3 and 4 of the Permanent Speed Limit Order Plans, comprising 596 metres.	National Speed Limit
Queen Camel Sparkford	Hazlegrove Junction Eastbound On slip shown as a dashed purple line between points AT and O on sheet 4 of the Permanent Speed Limit Order Plans, comprising 431 metres.	National Speed Limit
Sparkford	Ridge Copse Link shown as a dashed purple line between points AN and AO on sheet 4 of the Permanent Speed Limit Order Plans, comprising 87 metres.	National Speed Limit
Sparkford	Hazlegrove Junction Westbound on slip shown as a dashed purple line between points P and Q on sheet 4 of the Permanent Speed Limit Order Plans, comprising 313 metres.	National Speed Limit
Sparkford	Hazlegrove Roundabout shown as a dashed purple line on sheet 4 of the Permanent Speed Limit Order Plans, circulatory carriageway length comprising 167 metres.	National Speed Limit
Sparkford	Hazlegrove Junction Westbound off slip shown as a dashed purple line between points R and S on sheet 4 of the Permanent Speed Limit Order Plans, comprising 340 metres.	National Speed Limit

PART 7 E+W TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

Commencement Information

I34 Sch. 3 Pt. 7 in force at 19.2.2021, see art. 1

(1) Area	(2) Road name, number and length	(3) Measures
Yeovilton West Camel Queen Camel Sparkford	A303 eastbound shown as a dashed green line between points A and B on sheets 1,2,3 and 4 of the Traffic Regulation Measures Plans, comprising of 5590 metres.	Clearway (to include verges, hard shoulders and hard strips)
Yeovilton West Camel Queen Camel Sparkford	A303 westbound shown as a dashed green line between points C and D on sheets 1,2,3 and 4 of the Traffic Regulation Measures Plans, comprising of 5606 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Camel Cross Westbound Merge shown as a dashed green line between points H and I of sheet 2 of the Traffic Regulation Measures Plans, comprising of 78 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Camel Cross Link shown as a dashed green line between points T and H on sheet 2 of the Traffic Regulation Measures Plans, comprising 77 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Camel Cross Westbound Diverge shown as a dashed green line between points G and H of sheet 2 of the Traffic Regulation Measures Plans, comprising of 58 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Downhead Junction Eastbound Diverge shown as a dashed green line between points J and K on sheet 2 of the Traffic Regulation Measures Plans, comprising of 38 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Downhead Junction Link shown as a dashed green line between points K and Y on sheet 2 of the Traffic Regulation Measures Plans comprising 33 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Downhead Junction Eastbound Merge shown as a dashed green line between points K and L on sheet 2 of the Traffic Regulation Measures Plans, comprising of 36 metres.	Clearway (to include verges, hard shoulders and hard strips)
Queen Camel	Hazlegrove Junction Eastbound Off Slip shown as a dashed green line between points M and N on sheet 3 of the Traffic Regulation Measures Plans, comprising of 228 metres.	Clearway (to include verges, hard shoulders and hard strips)
Queen Camel Sparkford	Hazlegrove Junction Eastbound On Slip shown as a dashed green line between points AT and O on sheet 4 of the Traffic Regulation Measures Plans, comprising of 431 metres.	Clearway (to include verges, hard shoulders and hard strips)
Sparkford	Hazlegrove Junction Westbound On Slip shown as a dashed green line between points P and Q on sheet 4 of the Traffic Regulation Measures Plans, comprising of 313 metres.	Clearway (to include verges, hard shoulders and hard strips)
Sparkford	Hazlegrove Junction Westbound Off Slip shown as a dashed green line between points R and S on sheet 4 of the Traffic Regulation Measures Plans, comprising of 340 metres.	Clearway (to include verges, hard shoulders and hard strips)

PART 8 E+W TRAFFIC REGULATION MEASURES (WEIGHT RESTRICTIONS)

Commencement Information

I35 Sch. 3 Pt. 8 in force at 19.2.2021, see art. 1

(1) Area	(2) Road name, number and length	(3) Measures
West Camel	Howell Hill Link (West) shown as a dashed purple line between points AP and AQ on sheet 2 of the Traffic Regulation Measures Plans, comprising 180 metres.	7.5 tonne weight restriction (except for loading and exempt vehicles)
West Camel	Former A303 (West of Howell Hill) shown as a dashed purple line between points AQ and AF on sheet 2 of the Traffic Regulation Measures Plans, comprising 120 metres.	7.5 tonne weight restriction (except for loading and exempt vehicles)
West Camel	Howell Hill Link (East) shown as a dashed purple line between points AF and AG on sheets 2 and 3 of the Traffic Regulation Measures Plans, comprising 376 metres.	7.5 tonne weight restriction (except for loading and exempt vehicles)

PART 9 E+W TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)

Commencement Information

I36 Sch. 3 Pt. 9 in force at 19.2.2021, see art. 1

(1) Area	(2) Road name, number and length	(3) Measures
West Camel	A303 eastbound, located at 1,210 metres in eastern direction from Higher Farm Lane Overbridge, layby shown coloured light blue on sheet 1 of the Traffic Regulation Measures Plans.	Waiting restricted to two hours
West Camel,	A303 westbound, located at 3,477 metres in eastern direction from Higher Farm Lane Overbridge, layby shown coloured light blue on sheet 3 of the Traffic Regulation Measures Plans.	Waiting restricted to two hours

PART 10 E+W REVOCATIONS AND VARIATIONS OF ORDERS

Commencement Information

I37 Sch. 3 Pt. 10 in force at 19.2.2021, see art. 1

(1) Area	(2) Road name, number	(3) Title of Order	(4) Revocations or variations
Yeovilton West Camel Queen Camel Sparkford	A303	The A303 Trunk Road (Sparkford to Podimore) (50 miles per hour speed limit) Order 1999	To be partially revoked to the extent shown as a dashed blue line on sheets 1, 2, 3 and 4 of the Traffic Regulation Measures Plans.
West Camel Queen Camel Sparkford	A303	The London-Penzance Trunk Road (A303) Tintinhull to West of Sparkford (Prohibition of Waiting) (Clearways) Order 1978	To be partially revoked between the junction of the A303 and the A359 (Hazlegrove Roundabout) and the junction of the A303 and the B3151 (Camel Cross) (as shown shaded pink on the Traffic Regulation Measures Plans sheets 2,3 and 4, comprising 3,490 metres.
Yeovilton West Camel Queen Camel Sparkford	A303	A303 Trunk Road (Sparkford To Ilchester Improvement and Slip Roads) (Detrunking) Order 1996	To be revoked in so far as it is in force and within the Order limits
Yeovilton West Camel Queen Camel Sparkford	A303	A303 Trunk Road (Sparkford to Ilchester Improvement and Slip Roads) Order 1996	To be revoked in so far as it is in force and within the Order limits
Yeovilton West Camel Queen Camel Sparkford	A303	Sparkford to Ilchester improvement and slip roads Side Roads Order 1996	To be revoked in so far as it is in force and within the Order limits.
West Camel	Howell Hill	The County Council of Somerset (Bridgehampton and West Camel) (Weight Restriction) Order 2007	To be revoked from the junction of Howell Hill and the existing A303 at Canegore Corner and point AG shown on Sheet 3 of the Traffic Regulatory Measures Plans

PART 11 E+W PUBLIC RIGHTS OF WAY

Commencement Information

I38 Sch. 3 Pt. 11 in force at 19.2.2021, see art. 1

(1) Area	(2) Length of Footpath/Cycle track/Bridleway//Footway in verge
West Camel	Footway in verge. Reference AN-AO shown on sheet 2 of the Rights of Way and Access Plans. 175m.
West Camel	Footway in verge. Reference AP-AQ-BV shown on sheet 2 of the Rights of Way and Access Plans. 230m.
West Camel	Bridleway. Reference AW-AX shown on sheets 2 and 3 of the Rights of Way and Access Plans. 370m.
West Camel	Footway in verge. Reference AR-AV shown on sheet 2 of the Rights of Way and Access Plans. 40m.
West Camel	Bridleway in verge. Reference AV-AS shown on sheet 2 of the Rights of Way and Access Plans. 330m.
West Camel	Bridleway in verge. Reference AJ-BW shown on sheets 2 and 3 of the Rights of Way and Access Plans. 420m.
West Camel	Bridleway in verge. Reference AB-AK shown on sheet 2 of the Rights of Way and Access Plans. 40m.
West Camel	Bridleway. Reference AA-AB shown on sheets 1 and 2 of the Rights of Way and Access Plans. 1870m.
West Camel	Bridleway. Reference AC-AD-AE-AF-AG-AH-AI-AJ shown on sheet 2 of the Rights of Way and Access Plans. 620m.
West Camel	Bridleway. Reference AT-AU shown on sheet 2 of the Rights of Way and Access Plans. 360m.
West Camel	Bridleway. Reference AV-AW shown on sheet 2 of the Rights of Way and Access Plans. 120m.
West Camel	Footpath. Reference AL-AM shown on sheet 2 of the Rights of Way and Access Plans. 190m.
West Camel Queen Camel	Bridleway. Reference AX-AY shown on sheet 3 of the Rights of Way and Access Plans. 930m.
Queen Camel	Bridleway in verge. Reference BE-BF shown on sheets 3 and 4 of the Rights of Way and Access Plans. 140m.
Queen Camel	Footway in verge. Reference BC-BD shown on sheet 3 of the Rights of Way and Access Plans. 30m.
Queen Camel	Footpath. Reference AZ-BA-BB-CE shown on sheet 3 of the Rights of Way and Access Plans. 400m.
Queen Camel	Bridleway. Reference BL-BK shown on sheet 3 of the Rights of Way and Access Plans. 60m.
Queen Camel	Bridleway. Reference BD-BY shown on sheet 3 of the Rights of Way and Access Plans. 210m.
Queen Camel	Bridleway. Reference BE-BY shown on sheet 3 of the Rights of Way and Access Plans. 20m.
Queen Camel	Bridleway. Reference BI-BH shown on sheet 4 of the Rights of Way and Access Plans. 50m.
Queen Camel	Bridleway in verge. Reference BH-BG shown on sheet 4 of the Rights of Way and Access Plans. 480m.
Queen Camel Sparkford	Footway. Reference BI-BX-BQ-BH shown on sheet 4 of the Rights of Way and Access Plans. 200m.
Queen Camel Sparkford	Footpath. Reference BF-BM-BN-BO-BP shown on sheet 4 of the Rights of Way and Access Plans. 760m.
Sparkford	Footway/cycleway in verge. Reference BT-BU shown on sheet 4 of the Rights of Way and Access Plans. 100m.
Sparkford	Footway/cycleway in verge. Reference BR-BS shown on sheet 4 of the Rights of Way and Access Plans. 30m.
Queen Camel Sparkford	Bridleway in verge. Reference BK-BJ-BI shown on sheets 3 and 4 of the Rights of way and Access Plans. 620m.
Sparkford	Footpath Reference BY-BN shown on sheets 3 and 4 of the Rights of Way and Access Plans. 260m.

PART 12 E+W NOTIFICATION OF DATES TO BE DETERMINED

26.—(1) Where in accordance with article 14 (classification of roads, etc.) any classification, speed limit, traffic regulation measure, restriction, revocation or variation or part thereof is to take effect from a day to be determined, the undertaker must notify the date for each classification, speed limit, traffic regulation measure, restriction, revocation or variation or part thereof as follows— E+W

(a) notice must be served no less than 14 days before the day to be determined;

(b) notice must be served on—

(i) the relevant highway authority in whose area the road in question is situated;

(ii) the traffic authority in whose area the road in question is situated;

(iii) South Somerset District Council; and

(iv) the Chief Constable of police for the area in which the road is situated.

(2) Notices served under paragraph (1) may make reference to more than one determination under article 14.

Commencement Information

I39 Sch. 3 para. 26 in force at 19.2.2021, see art. 1

Articles 16 and 27

SCHEDULE 4 E+W PERMANENT STOPPING UP AND ALTERATION OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

In relating this Schedule to the rights of way and access plans, the provisions described in this Schedule are shown on the rights of way and access plans in the following manner—

(a) existing highways to be stopped up, as described in column (2) of Part 1 and Part 2 of this Schedule, are shown by thick black diagonal hatching (as shown in the key on the rights of way and access plans) over the extent of the area to be stopped up, which is described in column (3) of Part 1 and Part 2 of this Schedule.

(b) new highways which are to be substituted for a highway to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 2 of this Schedule, are shown by red cross-hatching (for trunk roads) and blue cross-hatching (for other classified roads and highways) (as shown in the key on the rights of way and access plans), and will be a road unless the description ‘footpath’, ‘bridleway’, ‘footway’ or ‘cycle track’ is stated in column (4) of Part 2 of this Schedule.

(c) private means of access to be stopped up, as described in column (2) of Parts 3 and 4 of this Schedule, are shown by solid black shading (as shown in the key on the rights of way and access plans) over the extent of stopping up described in column (3) of Parts 3 and 4 of this Schedule, and are given a reference label (a capital letter B followed by the reference number for that access in a circle).

(d) new private means of access to be substituted for a private means of access to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 4 of this Schedule, are shown by thin black line hatching (as shown in the key on the rights of way and access plans) and are given a reference label (a number in a circle).

PART 1 E+W HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

Commencement Information

I40 Sch. 4 Pt. 1 in force at 19.2.2021, see art. 1

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up
Yeovilton West Camel	Bridleway Y30/28	To be stopped up over distance of 27 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset C, sheet 1 of the Rights of Way and Access Plans.
Yeovilton West Camel	A303 westbound off slip at Podimore.	To be stopped up over a distance of 156 metres, eastwards from a point 775 metres east of the existing Higher Farm Lane Overbridge. Reference A1 shown as a black dashed hatch in Inset C, Sheet 1 of the Rights of Way and Access Plans.
West Camel	Footpath Y27/21	To be stopped up in its entirety. Shown as a red dotted line in Inset D, sheet 2 of the Rights of Way and Access Plans.
West Camel	Un-named road at Camel Cross	To be stopped up over a distance of 115 metres, northwards from its southern limits. Reference A4 shown as a black dashed hatch in Inset D, Sheet 2 of the Rights of Way and Access Plans.
Queen Camel	Traits Lane, Camel Hill	To be stopped up over a distance of 5 metres southwards from its junction with the existing A303. Reference A11 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Footpath WN23/32	To be stopped up over a distance of 131 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset G sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Footpath WN23/10	To be stopped up over a distance of 66 metres southwards from its junction with the existing A303. Shown as a red dotted line in Inset G sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Footpath WN23/33	To be stopped up over a distance of 60 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset G sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Gason Lane, Camel Hill	To be stopped up over a distance of 21 metres southwards from its junction with the existing A303. Reference A13 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.

PART 2 E+W HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

Commencement Information

I41 Sch. 4 Pt. 2 in force at 19.2.2021, see art. 1

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up	(4) New highway to be substituted/provided
West Camel	A303 Trunk Road at Camel Cross	To be stopped up over a distance of 475 metres westwards from a point 585 metres west of the existing A303 / Plowage Lane junction. Reference A2 shown as a black dashed hatch in Inset D, Sheet 2 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
West Camel	A303 Trunk Road at Camel Cross	To be stopped up over a distance of 130 metres westwards from a point 417 metres west of the existing A303 / Plowage Lane junction. Reference A3 shown as a black dashed hatch in Inset D, Sheet 2 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
West Camel	Footpath Y27/29	To be stopped up over a distance of 27 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset D sheet 2 of the Rights of Way and Access Plans.	New footway AN-AO. Then Existing footway AO-AP. Then New footway AP-AQ. Then Road crossing AQ-AR. Then New footway AR-AV. Then New bridleway in verge AV-AS. Then Road crossing AS-AJ. Then New bridleway AJ-AI-AH-AG-AF-AE-AD-AC. Then Road crossing AC-AB. Then New bridleway in verge AB-AK. Then Existing footpath Y27/10.
West Camel	Footpath Y27/10	To be stopped up over a distance of 208 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset E sheet 2 of the Rights of Way and Access Plans.	New bridleway AT-AU. Then Road crossing AU-AV. Then New bridleway in verge AV-AS. Then Road crossing AS-AJ. Then New bridleway AJ-AI-AH-AG-AF-AE-AD-AC. Then Road crossing AC-AB. Then New bridleway in verge AB-AK.
West Camel	Un-named road at Plowage	To be stopped up over a distance of 165 metres northwards from its junction with the existing A303. Reference A5 shown as a black dashed hatch in Inset E, Sheet 2 of the Rights of Way and Access Plans.	Downhead Lane Downhead Junction Link Steart Hill Roundabout Steart Hill Link to Old A303
West Camel	Footpath Y27/UN	To be stopped up in its entirety. Shown as a red dotted line in Inset E sheet 2 of the Rights of Way and Access Plans.	New bridleway AF-AE-AD-AC Road crossing AC-AB
West Camel	Footpath Y27/9	To be stopped up over a distance of 245 metres northwards from its junction with the existing A303. As shown as a red dotted line in Inset E sheet 2 of the Rights of Way and Access Plans.	New bridleway AT-AU. Then Road crossing AU-AV. Then New bridleway in verge AV-AS. Then Road crossing AS-AJ. Then New bridleway AJ-AI-AH-AG-AF
West Camel	A303 Trunk Road at Canegore Corner	To be stopped up over a distance of 146 metres eastwards from a point 567 metres east of the existing A303 /Plowage Lane junction. Reference A6 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
West Camel	Steart Hill, near Canegore Corner	To be stopped up over a distance of 74 metres, northwards from a point 134 metres north of the Steart Hill junction with the existing A303. Reference A7 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	Steart Hill Link Steart Hill (North).
West Camel	Steart Hill, Canegore Corner	To be stopped up over a distance of 17 metres northwards from its junction with the existing A303. Reference A8 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	A303
West Camel	Howell Hill, Canegore Corner	To be stopped up over a distance of 79 metres southwards from its junction with the existing A303. Reference A9 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	A303
Queen Camel	A303 Trunk Road at Camel Hill	To be stopped up over a distance of 232 metres westwards from a point 298 metres west of the existing A303 / Traits Lane junction. Reference A10 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
Queen Camel	Un-named road at Camel Hill	To be stopped up over a distance of 70 metres northwards from its junction with the existing A303. Reference A12 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.	Vale Farm Link Camel Hill Roundabout Camel Hill Link
Queen Camel	A303 Trunk Road at Camel Hill	To be stopped up over a distance of 111 metres eastwards from a point 43 metres east of the existing A303 /Gason Lane junction. Reference A14 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
Queen Camel Sparkford	Footpath WN23/12	To be stopped up over a distance of 434 metres eastwards from its junction with the existing A303. Shown by a red dotted line in Inset H sheet 4.	New bridleway in verge BJ-BI. Then New bridleway BI-BH. Then New bridleway in verge BH-BG. Then Road crossing BG-BF. Then New footpath in verge BF-BM. Then New footpath BM-BN, New footpath BN-BO, then New footpath BO-BP
Sparkford	A303 Trunk Road eastbound carriageway at Hazlegrove	To be stopped up over a distance of 254 metres, eastwards from a point 38 metres east of its junction with the existing Hazlegrove Roundabout. Reference A15 shown by a black dashed hatch in Inset H, Sheet 4 of the Rights of Way and Access Plans.	A303 Eastbound.

PART 3 E+W PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

Commencement Information

I42 Sch. 4 Pt. 3 in force at 19.2.2021, see art. 1

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up
Queen Camel	Access to land south of the A303 at Camel Hill.	Reference B16 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Steart Hill.	Reference B20 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Steart Hill.	Reference B21 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.
West Camel	Access to Annis Hill Farm off the northern verge of the A303 near Camel Cross.	Reference B22 shown in solid black in inset D of sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the eastern verge of Downhead Lane.	Reference B27 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.
Queen Camel	Access to Camel Hill Cottage from the A303 opposite Traits Lane.	Reference B29 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.

PART 4 E+W PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

Commencement Information

I43 Sch. 4 Pt. 4 in force at 19.2.2021, see art. 1

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up	(4) New private means of access to be substituted/provided
Yeovilton West Camel	Field access off the northern verge of the A303 at Eastmead Lane.	Reference B1 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	Reference 1 via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near the slip road to Podimore.	Reference B2 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	References 2 and 2A via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near the slip road to Podimore.	Reference B3 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	Reference 3 via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
Yeovilton West Camel	Field access off the southern verge of the A303 near the slip road to Podimore.	Reference B4 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	References 4 and 5 via Tracks 4 and 9 from Camel Cross Link, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near the slip road to Podimore.	Reference B5 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	References 6 and 6A via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Camel Cross.	Reference B6 shown in solid black in Inset D of sheet 2 of the Rights of Way and Access Plans.	Reference 7 via Track 2 from Downhead Lane, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Camel Cross.	Reference B7 shown in solid black in Inset D of sheet 2 of the Rights of Way and Access Plans.	Reference 8 via Track 2 from Downhead Lane, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the western verge of the un-named local road at Plowage.	Reference B8 shown in solid black in Inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 9 via Track 2 from Downhead Lane, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the eastern verge of the un-named local road at Plowage.	Reference B9 shown in solid black in Inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 10 shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Access to The Spinney, off the eastern verge of the un-named local road at Plowage.	Reference B10 shown in solid black in Inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 11 shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Access to Hill View, off the southern verge of the A303 near Canegore Corner.	Reference B11 shown in solid black in Inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 18 shown on sheet 3 of the Rights of Way and Access Plans.
West Camel	Field access off Slate Lane, Steart Hill.	Reference B12 shown in solid black in Inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 30 shown on sheet 3 of the Rights of Way and Access Plans.
West Camel Queen Camel	Field access off the southern verge of the A303 near Canegore Corner.	Reference B13 shown in solid black in inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 20 via Track 6 from Howell Hill Link (East), shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Field access off the southern verge of the A303 near Camel Hill.	Reference B14 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.	Reference 21 via Track 7 from Traits Lane Turning Head, shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Access off the northern verge of the A303 at Camel Hill.	Reference B15 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.	Reference 23 via local road at Camel Hill and Vale Farm Link, shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Access off the northern verge of the A303 to Pepper Hill Cottage.	Reference B17 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.	Reference 24, as shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel Sparkford	Access off the Hazlegrove Roundabout to Hazlegrove School.	Reference B18 shown in solid black in inset H of sheet 4 of the Rights of Way and Access Plans.	Reference 27 from Camel Hill Link, as shown on sheet 4 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Steart Hill.	Reference B19 shown in solid black in inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 14 as shown on sheet 2 of the Rights of Way and Access Plans.
Queen Camel	Field access off Traits Lane.	Reference B23 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.	Reference 22 as shown on sheet 3 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the B3151 near Camel Cross.	Reference B24 shown in solid black in inset D of sheet 2 of the Rights of Way and Access Plans.	Reference 31 as shown on sheet 1 of the Rights of Way and Access Plans.
West Camel	Field access off the southern verge of the A303 near Plowage.	Reference B25 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 28 as shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the southern verge of the A303 near Plowage.	Reference B26 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 29 as shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the eastern verge of Steart Hill near the garage.	Reference B28 shown in solid black in inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 32 as shown on sheet 3 of the Rights of Way and Access Plans.

PART 5 E+W ALTERATIONS TO PRIVATE MEANS OF ACCESS

Commencement Information

I44 Sch. 4 Pt. 5 in force at 19.2.2021, see art. 1

(1) Parish(es)	(2) Private Means of Access to be altered
West Camel	Reference 12. Modified access to Hawk House across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 13. Modified access to Hawk House / The Bungalow across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 15. Modified access to Lamorna across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 16. Modified access to West Camel Methodist Church across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 17. Modified access to Crusty Cottage across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 19. Modified access to Bromar across verge, shown on sheet 3 of the Rights of Way and Access Plans.
West Camel	Reference 26. Modified access to MOD land from Gason Lane Turning Head, shown on sheet 3 of the Rights of Way and Access Plans.
West Camel	Reference 33. Modified access north of Steart Hill Garage, shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Reference 34. Modified access to Camel Hill House shown on sheet 3 of the Rights of Way and Access Plans.

PART 6 E+W NEW PRIVATE MEANS OF ACCESS

Commencement Information

I45 Sch. 4 Pt. 6 in force at 19.2.2021, see art. 1

(1) Parishes	(2) Private Means of Access to be created
Queen Camel	Reference 25. Access to land to the east of Camel Hill Farm, shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Reference 35. Access to land adjacent to Gason Lane, shown on sheet 3 of the Rights of Way and Access Plans.

Article 26

SCHEDULE 5 E+W LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE PERMANENTLYACQUIRED

Commencement Information

I46 Sch. 5 in force at 19.2.2021, see art. 1

(1) Plot reference number shown on land plans	(2) Purpose for which rights over land may be acquired	(3) Relevant part of the authorised development
1/2b	To plant and maintain hedgerows and undertake and maintain landscaping.	Work Nos. 2 and 5
1/4a	To construct, operate and maintain a drainage outfall including access with or without vehicles.	Work No. 6
2/2e	To construct and maintain a boundary fence, plant and maintain hedgerows and undertake and maintain landscaping, including planting.	Work No. 11
3/1a	To undertake all works necessary to use the land for the ecological works including translocation of Great Crested Newts, reptiles and other species from the Order Land; and also including vegetation clearance, planting, landscaping, creation of a hibernacula, habitat improvement and the installation of fencing and access with or without vehicles to maintain the same. To impose a restrictive covenant that the owner may not remove, damage, obstruct or interfere with any works undertaken for the purposes of using the land for the translocation of species from the Order Land for a period of five years from the date of opening of the Scheme.	Work No. 39
3/1b	To undertake all works necessary to use the land for the ecological works including translocation of Great Crested Newts, reptiles and other species from the Order Land; and also including vegetation clearance, planting, landscaping, creation of a hibernacula, habitat improvement and the installation of fencing and access with or without vehicles to maintain the same. To impose a restrictive covenant that the owner may not remove, damage, obstruct or interfere with any works undertaken for the purposes of using the land for the translocation of species from the Order Land for a period of five years from the date of opening of the Scheme.	Work No. 40
3/2a	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
4/1f	To construct, operate, access and maintain a way suitable for use by the public on foot, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	Work No. 16
4/2a	To construct, operate, access and maintain a way suitable for use by the public on foot, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	Work No. 16
4/4b	To designate the road to be formed on part of the plot as public highway open to vehicular traffic on its completion. To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles.	Work Nos. 27, 38 and 38A
4/4g	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
4/7a	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
4/8b	To construct, operate and maintain a drainage outfall including access with or without vehicles.	Work No. 29
5/1b	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
5/3j	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion. To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles.	Work Nos. 61 and 69
5/4c	To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles	Work No. 48
5/5c	To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles.	Work No. 48
5/8b	To construct, operate, access and maintain a private means of access including creation of vehicular rights of access to the property served thereby.	Work No. 52
5/9b	To construct, divert, use and maintain utility connections and equipment including telecommunication and electric cables, equipment and apparatus and water and sewerage pipes, equipment and apparatus including access with or without vehicles.	Work Nos. 45, 46, 47, 48 and 74
6/1e	To undertake works to the local road and Camel Hill. To construct, divert, use and maintain utility connections and equipment including telecommunication cables equipment and apparatus including access with or without vehicles.	Work Nos. 66 and 71
7/1c	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.	Work No. 62
7/5a	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion. To construct, divert, use and maintain utility connections and equipment including electric cables and telecommunication cables equipment and apparatus including access with or without vehicles.	Work Nos. 63, 72 and 79
7/6a	To construct, operate, access and maintain a way suitable for use by the public as a footpath, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
7/7c	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.	Work No. 63
7/7d	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.	Work No. 63
7/8b	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it. To create a private right of access with or without vehicles, plant and machinery in favour of the owners of Blackwell Farm to take access over the plot for the purposes of agriculture. To construct, divert, use and maintain utility connections and equipment including electric cables and telecommunication cables equipment and apparatus including access with or without vehicles.	Work Nos. 72 and 105
7/8c	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.	Work No. 64
8/2a	To construct, operate and maintain a drainage outfall including access with or without vehicles.	Work No. 94
8/3a	To construct, improve, operate, access and maintain a way suitable for use by the public on foot and by bicycle including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works

Article 26

SCHEDULE 6 E+W MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments E+W

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 or imposition of a restrictive covenant as they apply as respects compensation for the compulsory purchase of land and interests in land. E+W

Commencement Information

I47 Sch. 6 para. 1 in force at 19.2.2021, see art. 1

2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2). E+W

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

“(5A) If—

(a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (the “2021 Order”));

(b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the 2021 Order) to acquire an interest in the land; and

(c) the acquiring authority enter on and take possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.”.

Commencement Information

I48 Sch. 6 para. 2 in force at 19.2.2021, see art. 1

3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 M9 has effect subject to the modifications set out in sub-paragraph (2). E+W

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(a) for “land is acquired or taken from” substitute “ a right or restrictive covenant over land is purchased from or imposed on ”; and

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

Commencement Information

I49 Sch. 6 para. 3 in force at 19.2.2021, see art. 1

Marginal Citations

M9 1973 c. 26.

Application of Part 1 of the 1965 Act E+W

4.  Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 29 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 23 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 26(1) (compulsory acquisition of rights)—

(a) with the modifications specified in paragraph 5; and

(b) with such other modifications as may be necessary.

Commencement Information

I50 Sch. 6 para. 4 in force at 19.2.2021, see art. 1

5.—(1) The modifications referred to in paragraph 4(a) are as follows. E+W

(2) References in the 1965 Act to land are, in the appropriate contexts, to be 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 the restriction imposed or to be imposed; or

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

(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

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 or the restrictive covenant is to be imposed 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.”.

(4) 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 or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11 M10 (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 23), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A M11 (powers of entry: further notices of entry), 11B M12 (counter-notice requiring possession to be taken on specified date), 12 M13 (unauthorised entry) and 13 M14 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20 M15 (tenants at will, etc.) of the 1965 Act 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 or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 29(4) is also 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.

(8) For Schedule 2A of the 1965 Act substitute—

“SCHEDULE 2A E+W COUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT IN NOTICE TO TREAT

Introduction E+W

1.— (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 30 (application of the 1981 Act) of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 in respect of the land to which the notice to treat relates.

(2) But see article 31(3) (acquisition of subsoil or airspace only) of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 which excludes the acquisition of subsoil or airspace only from this Schedule.

2.   In this Schedule, “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land E+W

3.   A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the house, building or factory.

4.   A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice E+W

5.   On receiving a counter-notice, the acquiring authority must decide whether to—

(a) withdraw the notice to treat,

(b) accept the counter-notice, or

(c) refer the counter-notice to the Upper Tribunal.

6.   The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7.   If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8.   If the authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period.

9.   If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.

Determination by the Upper Tribunal E+W

10.   On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right of the imposition of the restrictive covenant would—

(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11.   In making the determination, the Upper Tribunal must take into account—

(a) the effect of the acquisition of the right or the imposition of the covenant,

(b) the use to be made of the right or covenant proposed to be acquired or imposed, and

(c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12.   If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take.

13.   If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.

14.— (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawing of the notice.

15.   Any dispute as to the compensation is to be determined by the Upper Tribunal.”.

Commencement Information

I51 Sch. 6 para. 5 in force at 19.2.2021, see art. 1

Marginal Citations

M10 Section 11 was amended by paragraph 14 of Schedule 4 to the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, paragraph 6 of Schedule 14 to, and paragraph 3 of Schedule 16 to the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

M11 Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

M12 Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

M13 Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016.

M14 Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, paragraphs 28 and 29 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

M15 Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

Article 33

SCHEDULE 7 E+W LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Commencement Information

I52 Sch. 7 in force at 19.2.2021, see art. 1

(1) Plot Reference Number shown on land plans	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development
1/3e	Working area and materials storage	All works
1/4c	Working area and materials storage, construction compounds	All works
1/5a	Working area and materials storage, including for removal of existing carriageway and reinstatement of land as arable field	Work No. 5
2/2b	Working area and materials storage	All works
2/2c	Decommissioning of 75 metres of electrical cable	Work No. 9
2/2d	Working area and materials storage	All works
2/4b	Working area and materials storage	All works
2/4c	The construction of B3151 link, works to the public highway, utility diversions under the public highway	Work Nos 16, 32 and 33
2/5b	Access to working area, materials storage	All works
2/5e	Working area and materials storage, construction compounds	All works
3/2c	Working area and materials storage	All works
4/1c	Works associated with the closure of local road at Downhead, the construction of Downhead Turning Head, utility diversions	Work Nos. 27 and 38
4/1i	The construction of Downhead Lane and accesses, utility diversions	Work Nos. 17, 43 and 44
4/1j	Working area and materials storage	All works
4/4c	Working area and materials storage	All works
4/4d	Working area and materials storage	All works
4/5a	The decommissioning of overhead electrical cables	Work 38A
4/5b	The decommissioning of overhead electrical cables	Work No. 38A
4/8c	Temporary highway diversions	All works
4/8e	Temporary highway diversions Construction and use of a temporary southern earthworks haul route	All works Work 49
5/1a	Working area and materials storage	All works
5/3d	The construction of Steart Hill Link and Steart Hill North Utility diversions	Work Nos. 41, 43, 44, 51 and 75
5/4a	Construction and use of a temporary southern earthworks haul route	Work No. 49
5/4b	Construction and use of a temporary southern earthworks haul route	Work No. 49
5/5b	The construction of Howell Hill Link (East)	Work No. 42
5/7a	Construction and use of a temporary northern earthworks haul route	Work No. 80
5/7b	Landscaping works and works to retain existing hedgerow	All works
5/7c	Working area for utility diversions	Work Nos. 45, 48 and 74
5/8c	Works to create alternative private means of access	Work No. 52
5/9c	Construction and use of a temporary southern earthworks haul route	Work No. 49
5/10a	Construction and use of a temporary northern earthworks haul route	Work No. 80
5/12a	Construction and use of a temporary northern earthworks haul route	Work No. 80
5/12b	Construction and use of a temporary northern earthworks haul route	Work No. 80
5/13b	Working area and materials storage	All works
6/1a	Works to local road junction at Camel Hill Construction and use of a temporary northern earthworks haul route	Work Nos. 67 and 80
6/1b	Construction and use of a temporary northern earthworks haul route	Work No. 80
6/1c	Works to local road junction at Camel Hill	Work Nos. 66 and 67
6/1d	Works to local road junction at Camel Hill	Work No. 66
6/2a	Works to local road junction at Camel Hill	Work No. 67
6/3a	Diversion of a public right of way in highway verge	All works
7/1b	Working area and materials storage	All works
7/4c	Working area for utility diversions	Work No. 77
7/5b	Construction of new multi-purpose Track 10 Diversion of a public right of way and utilities	Work Nos. 72 and 105
7/5c	Working area to widen existing highway junction	Work No. 104
8/1a	Diversion of a public right of way Utility diversions	All works Work No. 84
8/1c	Diversion of a public right of way Utility diversions	All works Work No. 84

Article 42

SCHEDULE 8 E+W PROTECTIVE PROVISIONS

PART 1 E+W FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1.  For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned. E+W

Commencement Information

I53 Sch. 8 para. 1 in force at 19.2.2021, see art. 1

2.  In this Part of this Schedule— E+W

“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—

(a)

in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989 M16 ), belonging to or maintained by that utility undertaker for the purposes of electricity supply;

(b)

in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986 M17 for the purposes of gas supply;

(c)

in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and

(d)

in the case of a sewerage undertaker—

(i)

any drain or works vested in the utility undertaker under the Water Industry Act 1991 M18 ; and

(ii)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) M19 (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 M20 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act,

and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“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 or upon land;

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

“utility undertaker” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986;

(c)

a water undertaker within the meaning of the Water Industry Act 1991; and

(d)

a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,

for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

Commencement Information

I54 Sch. 8 para. 2 in force at 19.2.2021, see art. 1

Marginal Citations

M16 1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).

M17 1986 c. 44.

M18 1991 c. 56.

M19 Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and paragraph 90 of Schedule 7 to the Water Act 2014 (c. 21).

M20 Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003, section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11 of the Water Act 2014.

On street apparatus E+W

3.  This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Commencement Information

I55 Sch. 8 para. 3 in force at 19.2.2021, see art. 1

Apparatus in stopped up streets E+W

4.—(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of use of streets and highways), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway 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 highway.

Commencement Information

I56 Sch. 8 para. 4 in force at 19.2.2021, see art. 1

Protective works to buildings E+W

5.  The undertaker, in the case of the powers conferred by article 21 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Commencement Information

I57 Sch. 8 para. 5 in force at 19.2.2021, see art. 1

Acquisition of land E+W

6.  Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Commencement Information

I58 Sch. 8 para. 6 in force at 19.2.2021, see art. 1

Removal of apparatus E+W

7.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker's apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker 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 the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days' 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 a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and 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, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 45 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 45 (arbitration), and after the grant to the utility 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 Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Commencement Information

I59 Sch. 8 para. 7 in force at 19.2.2021, see art. 1

Facilities and rights for alternative apparatus E+W

8.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker 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 the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 45 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question 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, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Commencement Information

I60 Sch. 8 para. 8 in force at 19.2.2021, see art. 1

Retained apparatus E+W

9.—(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under 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 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

(2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a utility undertaker under sub-paragraph (2) are to be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4) If a utility undertaker, in accordance with sub-paragraph (3) 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, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 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.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

(7) In relation to works which will or may be situated on, over, under or within 10 metres measured in any direction of any electricity apparatus, the plan to be submitted to the utility undertaker under sub-paragraph (1) must be detailed, include a method statement and describe—

(a) the exact position of the works;

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

(c) the manner of their construction or renewal;

(d) the position of all electricity apparatus; and

(e) by way of detailed drawings, every alteration proposed to be made to such apparatus.

Commencement Information

I61 Sch. 8 para. 9 in force at 19.2.2021, see art. 1

Expenses and costs E+W

10.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, 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 paragraph 7(2).

(2) The value of any apparatus removed under the provisions of this Part of this Schedule 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 Part 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, is not determined by arbitration in accordance with article 45 (arbitration) to be necessary then, if such placing involves cost 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 the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

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

(a) an extension of apparatus to a length greater than the length of existing apparatus must not 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 must 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 a utility undertaker 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 the utility undertaker 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.

Commencement Information

I62 Sch. 8 para. 10 in force at 19.2.2021, see art. 1

11.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7 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 a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must— E+W

(a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

(b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

(2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility 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 act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

(4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

Commencement Information

I63 Sch. 8 para. 11 in force at 19.2.2021, see art. 1

Cooperation E+W

12.  Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use its best 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 the utility undertaker's undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

Commencement Information

I64 Sch. 8 para. 12 in force at 19.2.2021, see art. 1

13.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made. E+W

Commencement Information

I65 Sch. 8 para. 13 in force at 19.2.2021, see art. 1

PART 2 E+W FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

14.  For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator. E+W

Commencement Information

I66 Sch. 8 para. 14 in force at 19.2.2021, see art. 1

15.  In this Part of this Schedule— E+W

“the 2003 Act” means the Communications Act 2003 M21 ;

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in section 106 M22 (application of the electronic communications code) of the 2003 Act;

“electronic communications code network” means—

(a)

so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and

(b)

an electronic communications network which the undertaker is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 (infrastructure system) of that code; and

“operator” means the operator of an electronic communications code network.

Commencement Information

I67 Sch. 8 para. 15 in force at 19.2.2021, see art. 1

Marginal Citations

M21 2003 c. 21.

M22 Section 106 was amended by section 4 of the Digital Economy Act 2017 (c. 30).

16.  The exercise of the powers conferred by article 35 (statutory undertakers) is subject to Part 10 (undertaker's works affecting electronic communications apparatus) of the electronic communications code. E+W

Commencement Information

I68 Sch. 8 para. 16 in force at 19.2.2021, see art. 1

17.—(1) Subject to sub-paragraphs (2) to (4), if as a result of the authorised development or its construction, or of any subsidence resulting from the authorised development— E+W

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or

(b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) 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 act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 45 (arbitration).

(5) This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

(b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.

(6) Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and on operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

Commencement Information

I69 Sch. 8 para. 17 in force at 19.2.2021, see art. 1

PART 3 E+W FOR THE PROTECTION OF DRAINAGE AUTHORITIES

18.  The provisions of this Part have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority. E+W

Commencement Information

I70 Sch. 8 para. 18 in force at 19.2.2021, see art. 1

19.  In this Part of this Schedule— E+W

“construction” includes execution, placing, altering, replacing, relaying and removal, and “construct” is to be construed accordingly;

“drainage authority” means—

(a)

the drainage board concerned within the meaning of section 23 M23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991;

(b)

in the case where the drainage board concerned is a member of the Somerset Drainage Board Consortium, that Consortium; or

(c)

in the case of any area for which there is no such drainage board, the lead local flood authority within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010 M24 ;

“drainage work” means any watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence which is the responsibility of the drainage authority subject to such changes as notified to the undertaker;

“ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991;

“plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to—

(a)

affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

(b)

affect the flow, purity or quality of water in any watercourse; or

(c)

affect the conservation, distribution or use of water resources.

Commencement Information

I71 Sch. 8 para. 19 in force at 19.2.2021, see art. 1

Marginal Citations

M23 1991 c. 59. The definition of “drainage board” is in section 23(8), which was amended by paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29),

M24 2010 c. 29.

20.—(1) Before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 28 days of the submission of the plans reasonably require. E+W

(2) The undertaker must not commence construction of the specified work until approval, unconditionally or conditionally, has been given as provided in this paragraph.

(3) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 28.

(4) Any approval of the drainage authority required under this paragraph—

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later; and

(c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, for the protection of any navigation work, for the protection of water resources, for the prevention of pollution or in the discharge of its environmental functions.

(5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.

Commencement Information

I72 Sch. 8 para. 20 in force at 19.2.2021, see art. 1

21.  Without limiting the scope of paragraph 20, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary— E+W

(a) to safeguard any drainage work against damage by reason of any specified work; or

(b) to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased,

by reason of any specified work.

Commencement Information

I73 Sch. 8 para. 21 in force at 19.2.2021, see art. 1

22.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 21, must be constructed— E+W

(a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

(b) to the reasonable satisfaction of the drainage authority,

and an officer of the drainage authority is entitled to watch and inspect the construction of such works.

(2) The undertaker must give to the drainage authority—

(a) not less than 14 days' notice in writing of its intention to commence construction of any specified work; and

(b) notice in writing of its completion not later than 7 days after the date of completion.

(3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.

(4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice in writing require the undertaker at the undertaker's expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

(5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the undertaker.

(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

Commencement Information

I74 Sch. 8 para. 22 in force at 19.2.2021, see art. 1

23.—(1) Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of the specified work maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence. E+W

(2) If any drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of the work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

(5) This paragraph does not apply to—

(a) drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

(b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule, provided that any obstruction is removed as soon as reasonably practicable.

Commencement Information

I75 Sch. 8 para. 23 in force at 19.2.2021, see art. 1

24.  If by reason of the construction of a specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so. E+W

Commencement Information

I76 Sch. 8 para. 24 in force at 19.2.2021, see art. 1

25.  The undertaker must indemnify the drainage authority in respect of all costs, charges and expenses which the drainage authority may reasonably incur, have to pay or sustain— E+W

(a) in the examination or approval of plans under this Part of this Schedule;

(b) in inspecting the construction of the specified work or any protective works required by the drainage authority under this Part of this Schedule; and

(c) in carrying out any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified work.

Commencement Information

I77 Sch. 8 para. 25 in force at 19.2.2021, see art. 1

26.—(1) Without limiting the other provisions of this Part of this Schedule, the undertaker must indemnify the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the drainage authority by reason of— E+W

(a) any damage to any drainage work;

(b) any raising or lowering of the water table in land adjoining the authorised project or in any sewers, drains and watercourses; or

(c) any flooding or increased flooding of any such lands,

caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

Commencement Information

I78 Sch. 8 para. 26 in force at 19.2.2021, see art. 1

27.  The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule. E+W

Commencement Information

I79 Sch. 8 para. 27 in force at 19.2.2021, see art. 1

28.  Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 45 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and [F2 the Secretary of State for Energy Security and Net Zero] acting jointly on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other. E+W

Textual Amendments

F2 Words in Sch. 8 para. 28 substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 69 (with art. 17)

Commencement Information

I80 Sch. 8 para. 28 in force at 19.2.2021, see art. 1

PART 4 E+W FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING VEHICULAR HIGHWAYS

29.  The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and the local highway authority. E+W

Commencement Information

I81 Sch. 8 para. 29 in force at 19.2.2021, see art. 1

30.  In this Part of this Schedule— E+W

“Commuted Sum” means the sum to be paid by the undertaker to the local highway authority for the future maintenance of Non-standard Highway Assets not previously forming part of the local highway which will be transferred to the local highway authority, as calculated in accordance with paragraph 50 of this Part of this Schedule;

“Design Detailing” in relation to any Works, means any detailed design or amended detailed design relating to those Works which is approved by the Secretary of State pursuant to requirement 12(1) or (4);

“Detailed Information” means the following drawings, specifications and other information relating to the local highway, which must be in accordance with the Design Detailing—

(a)

boundary, environmental and mitigation fencing;

(b)

road restraint systems (vehicle and pedestrian);

(c)

drainage and ducting;

(d)

earthworks;

(e)

road pavements;

(f)

kerbs, footways and paved areas;

(g)

traffic signs and road markings;

(h)

road lighting (including columns and brackets);

(i)

electrical work for road lighting and traffic signs;

(j)

highway structures;

(k)

landscaping, planting and any boundary features which will form part of the local highway;

(l)

utility diversions;

(m)

a schedule of timings for the works, including dates and durations for any closures of any part of the local highway;

(n)

traffic management proposals including any diversionary routes;

(o)

a schedule of condition of all local highway within the order limits; and

(p)

where local highway is occupied under this Order in connection with any Works but is not itself subject to Works, specification of the condition in which the local highway will be returned post occupation;

“Detailed Local Operating Agreement” means an agreement made pursuant to paragraph 32 of this Part of this Schedule;

“local highway” means any public, vehicular highway which vests or is intended at the completion of works to vest in or be otherwise maintainable by the local highway authority;

“local highway authority” means Somerset County Council;

“Non-standard Highway Assets” means highway assets which the local highway authority will become responsible for maintaining and which incur maintenance costs beyond the normal costs of maintaining the public highway having regard to the lists of standard and non-standard assets set out in paragraph 50(2) of this Part of this Schedule;

“Other Detailed Information” relating to any Works, means—

(a)

a schedule of timings for the Works, including dates and durations of any closures of any part of a local highway;

(b)

traffic management proposals, including any diversionary routes and any Detailed Local Operating Agreement;

(c)

a schedule of condition of the affected local highway within the Order limits; and

(d)

where the local highway is occupied under this Order in connection with the Works but Works are not undertaken on, to or under the local highway, a specification of the condition in which the local highway will be returned after the occupation has finished;

“Provisional Certificate” means a certificate issued by the local highway authority to certify that the Works to which the certificate relates have been completed in accordance with this Part of this Schedule and are ready for use for public traffic; and

“Works” means any works authorised by this Order undertaken on, to or under any local highway.

Commencement Information

I82 Sch. 8 para. 30 in force at 19.2.2021, see art. 1

31.  Before commencing the construction of, or the carrying out of any work authorised by this Order which involves interference with a local highway (including interference with the use by the public of a local highway and temporary or permanent stopping up of any part of a local highway), the undertaker must provide to the local highway authority the Detailed Information relating to the interference, and the Works must not be carried out except in accordance with the Detailed Information submitted to the local highway authority or as otherwise agreed between the undertaker and the local highway authority. E+W

Commencement Information

I83 Sch. 8 para. 31 in force at 19.2.2021, see art. 1

32.—(1) Before commencing the construction of, or the carrying out of any work authorised by this Order which involves interference with a local highway (including interference with the use by the public of a local highway and temporary or permanent stopping up of any part of a local highway), the undertaker must use reasonable endeavours to agree with the local highway authority a Detailed Local Operating Agreement covering the following— E+W

(a) communications and customer care: communication with stakeholders and identification of which party is responsible for each activity;

(b) operational areas – scheme operational areas: definitions and scheme extents for the works areas, zone of influence and Free Recovery Area;

(c) asset handover: describing the scheme existing assets and activities to be undertaken to enable commencement and completion of Works, and the party responsible for each;

(d) asset inspection;

(e) routine maintenance and repair;

(f) winter maintenance and severe weather;

(g) continuity of technology;

(h) occupancy management;

(i) incidents;

(j) traffic management: provides the key activities to be undertaken with regard to the design, installation, maintenance and removal of Traffic Management; and

(k) claims made by and against the undertaker.

(2) Any agreement completed under sub-paragraph (1) must continue in force until the completion of the Works or the removal of the undertaker from all local highways, whichever is the earlier.

(3) Where agreement cannot be reached under sub-paragraph (1), the terms of the detailed local operating agreement will be resolved by arbitration under article 45 (arbitration).

Commencement Information

I84 Sch. 8 para. 32 in force at 19.2.2021, see art. 1

33.—(1) Before commencing the construction of, or the carrying out of any Works the undertaker must provide to the local highway authority the Design Detailing and the Other Detailed Information relating to those Works. E+W

(2) The undertaker must not commence construction of, or the carrying out of the Works in question until approval has been given by the local highway authority to the Other Detailed Information or the Other Detailed Information has otherwise been agreed in writing between the undertaker and the local highway authority.

(3) The Works must not be constructed except in accordance with the Other Detailed Information as may be approved or agreed in accordance with sub-paragraph (2).

(4) If within 28 days after the Other Detailed Information has been submitted the local highway authority has not approved or disapproved it or it has not been otherwise agreed, the local highway authority is deemed to have approved it as submitted.

Commencement Information

I85 Sch. 8 para. 33 in force at 19.2.2021, see art. 1

34.—(1) The undertaker will allow and facilitate an appropriately qualified officer of the local highway authority to participate in the design process for the detailed design of those parts of the authorised development which are local highway, and will have reasonable regard to any views of that officer in finalising the detailed design prior to any element reaching design fix or freeze; provided always that it will be the decision of the undertaker whether it implements such views and for the avoidance of doubt any such view shared by the officer will not be an instruction, requirement or authorisation under this Order. E+W

(2) Participation under sub-paragraph (1) will be in the form of invitations to attend design meetings not less than once per calendar month and the provision to the local highway authority of such drawings, cross sections and design proposals as are required to allow the local highway authority to provide views on detailed design proposals to the undertaker.

(3) Any participation by the local highway authority (or its appropriately qualified officer) in accordance with this paragraph will be at the cost of the local highway authority.

Commencement Information

I86 Sch. 8 para. 34 in force at 19.2.2021, see art. 1

35.—(1) Any officer of the local highway authority duly appointed for the purpose may at all reasonable times, subject to any necessary and reasonable health and safety restrictions imposed by the undertaker, enter upon and inspect any part of the authorised development which— E+W

(a) is in, over, under or adjacent to any local highway, or

(b) may affect any local highway or any property of the local highway authority,

during the carrying out of the Works, and the undertaker must give to such officer all reasonable facilities for such inspection.

(2) The testing of materials used in any Works affecting local highways must be carried out at the expense of the undertaker in accordance with the Manual of Contract Documents for Highway Works Appendix 1/5 (Specification for Highway Works). The local highway authority must receive copies of all test certificates and results which have been requested by it in writing as soon as reasonably practicable. Notwithstanding the foregoing, the local highway authority has full power to test all or any materials used or proposed to be used in any work to the local highway at its own expense and the undertaker must provide such information and materials as is reasonably necessary to facilitate such testing.

(3) The undertaker must not alter, disturb or in any way interfere with any property of the local highway authority on or under any local highway, or the access thereto (except to the extent authorised under the powers conferred by this Order), without the prior written consent of the local highway authority.

Commencement Information

I87 Sch. 8 para. 35 in force at 19.2.2021, see art. 1

36.—(1) The undertaker must procure that an appropriately qualified safety auditor undertakes road safety audit stages 3 and 4 on the Works including any Works to local highways in accordance with the Design Manual for Roads and Bridges (“DMRB”) Volume 5 Section 2 Part 2 (GG 119) or any replacement or modification of that standard and must provide copies of the reports of such audits to the local highway authority. E+W

(2) The local highway authority must be invited to participate in the stage 2, 3 and 4 road safety audits conducted under sub-paragraph (1).

(3) Where the report of the stage 3 road safety audit identifies any recommended works to the local highway, the undertaker must use reasonable endeavours to agree with the local highway authority which works or alternative proposals require to be implemented, provided that no works may be implemented which would give rise to any new or materially different environmental effects in comparison with those identified in the Environmental Statement.

(4) Where the report of the stage 4 road safety audit identifies any recommended works to the local highway, the undertaker must use reasonable endeavours to agree with the local highway authority which works or alternative proposals require to be implemented.

(5) Any works which the undertaker considers are required to be carried out to the local highway in accordance with the report of the stage 3 or stage 4 road safety audit, which works may not give rise to any new or materially different environmental effects in comparison with those identified in the Environmental Statement, must be undertaken by and at the expense of the undertaker to the reasonable satisfaction of the local highway authority.

(6) The undertaker must use reasonable endeavours to agree with the local highway authority a programme for any works to be carried out under sub-paragraph (5), which programme must include timing of any closures of any part of the highway, traffic management arrangements, signage and diversion routes where required.

(7) The carrying out of works under sub-paragraph (5) are to be taken to be works carried under this Order.

(8) Where, agreement cannot be reached under this paragraph, the terms of the Detailed Local Operating Agreement will be resolved by arbitration under article 45 (arbitration).

Commencement Information

I88 Sch. 8 para. 36 in force at 19.2.2021, see art. 1

37.  Provision must be made in accordance with the local highway authority's reasonable requirements at the site of the Works to prevent mud and other materials from being carried on to the adjacent highway by vehicles and plant. The operational highway in the vicinity of the site of the Works is to be swept as required to ensure its safe use as a public highway. E+W

Commencement Information

I89 Sch. 8 para. 37 in force at 19.2.2021, see art. 1

38.  The undertaker must not, except with the consent of the local highway authority, erect or retain on or over a local highway to which the public continues to have access any scaffolding or other structure which obstructs the local highway. E+W

Commencement Information

I90 Sch. 8 para. 38 in force at 19.2.2021, see art. 1

39.  Except in an emergency or where necessary to secure the safety of the public, no direction or instruction may be given by the local highway authority to the contractors, servants or agents of the undertaker regarding any highway operations without the prior consent in writing of the undertaker. E+W

Commencement Information

I91 Sch. 8 para. 39 in force at 19.2.2021, see art. 1

40.  In exercising the powers conferred by the Order in relation to any local highway the undertaker must have regard to the potential disruption of traffic which may be caused, seek to minimise such disruption so far as is reasonably practicable and must at no time prevent or unreasonably impede access by emergency service vehicles to any property. E+W

Commencement Information

I92 Sch. 8 para. 40 in force at 19.2.2021, see art. 1

41.  The undertaker must, if reasonably required by the local highway authority, provide and maintain during such time as the undertaker may occupy any part of a local highway for the purpose of the construction of any part of the authorised development, temporary ramps for vehicular or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road traffic. E+W

Commencement Information

I93 Sch. 8 para. 41 in force at 19.2.2021, see art. 1

42.—(1) If reasonably requested by the local highway authority, the undertaker must execute and complete a transfer to the local highway authority of any land and rights within the local highway compulsorily acquired by the undertaker pursuant to articles 23 (compulsory acquisition of land) and 26 (compulsory acquisition of rights) for the construction, operation and maintenance of the local highway or to facilitate it, or as is incidental to it, at nil consideration provided that the undertaker has completed all necessary works within the local highway for which that land and rights were compulsorily acquired. E+W

(2) Sub-paragraph (1) above does not apply in relation to any land within the local highway compulsorily acquired by the undertaker that has been or is proposed to be permanently stopped up and rights extinguished pursuant to article 16 (permanent stopping up and restriction of use of highways, streets and private means of access).

Commencement Information

I94 Sch. 8 para. 42 in force at 19.2.2021, see art. 1

43.—(1) Where the undertaker carries out any Works to any local highway it must make good any defects in those Works notified to it by the local highway authority within the period of 52 weeks after the date of the completion of the Works to that area of local highway to the reasonable satisfaction of the local highway authority. E+W

(2) The carrying out of any remedial works required under sub-paragraph (1) are to be regarded as works carried out under this Order.

(3) The carrying out of any remedial works required under sub-paragraph (1) requires the submission of such items of Detailed Information to the local highway authority as the undertaker deems to be reasonable in the circumstances but always including a description of the works to be carried out, a schedule of timings for the works, including dates and durations for any closures of any part of the local highway and traffic management proposals.

Commencement Information

I95 Sch. 8 para. 43 in force at 19.2.2021, see art. 1

44.—(1) The Works must all be completed on such date or dates that will be notified by the undertaker to the local highway authority in writing. The completion of Works for the purposes of paragraph 43 of this Schedule will be such date notified under this paragraph. E+W

(2) Prior to the completion of the Works, the undertaker must invite the local highway authority to participate in inspection of the Works to identify any defects or incomplete works. Any defects must be rectified and any incomplete works carried out prior to any notice of completion being issued under sub-paragraph (1).

Commencement Information

I96 Sch. 8 para. 44 in force at 19.2.2021, see art. 1

45.  The undertaker will hold the local highway authority harmless and indemnified from and against any liability, loss, cost or claim arising out of or incidental to the carrying out of the Works (other than those arising out of or in consequence of any negligent act, default or omission of the local highway authority) provided that no claim can be settled or liability accepted by the local highway authority without first obtaining the written approval of the undertaker, such approval not to be unreasonably withheld or delayed. E+W

Commencement Information

I97 Sch. 8 para. 45 in force at 19.2.2021, see art. 1

46.—(1) When the undertaker considers that the Works have reached completion it must notify the local highway authority and must allow the local highway authority the opportunity to inspect the Works and the undertaker must give proper consideration to any representations that are made by the local highway authority. E+W

(2) The undertaker may not notify the local highway authority under sub-paragraph (1) until either—

(a) a stage 3 safety audit has been carried out in respect of the Works in question in accordance with GG19 of DMRB and in the opinion of the undertaker any recommended works identified in the audit have been completed; or

(b) if the Works in question were not subject to a safety audit, the local highway authority has been provided an opportunity to inspect the works and the undertaker has in its opinion completed any further works required to address any safety deficiencies or defects identified as a result of the inspection.

Commencement Information

I98 Sch. 8 para. 46 in force at 19.2.2021, see art. 1

47.  The local highway authority must, if requested to do so by the undertaker, issue to the undertaker a provisional certificate in relation to any part of the Works, after completion of that part of the Works if the local highway authority is satisfied that the Works have been completed in accordance with this Part of this Schedule. E+W

Commencement Information

I99 Sch. 8 para. 47 in force at 19.2.2021, see art. 1

48.  No earlier than 52 weeks from the date of issue of the Provisional Certificate, the local highway authority must issue a Final Certificate, certifying that all outstanding defects relating to the part of the Works in question and which required remediation have been so remedied, provided that— E+W

(a) all identified defects requiring remediation have been so remedied such that the local highway authority consider the Final Certificate may be issued;

(b) a stage 4 safety audit has been carried out (if a stage 4 safety audit is required in accordance with GG19 of DMRB in connection with the Works), and following proper consideration of the representations of the local highway authority, any additional works, alterations or amendments to the Works as a result of the stage 4 safety audit have been completed to the reasonable satisfaction of the local highway authority;

(c) the undertaker has given the local highway authority an opportunity to inspect the Works and has given proper consideration to any representations made by the local highway authority;

(d) the undertaker has paid to the local highway authority any Commuted Sum due in relation to the part of the local highway to which the Provisional Certificate relates;

(e) the undertaker has provided the local highway authority with such detailed information as the local highway authority may reasonably require in relation to the Works as built; and

(f) all costs charges, expenses payable to the local highway authority pursuant to this Part have been paid.

Commencement Information

I100 Sch. 8 para. 48 in force at 19.2.2021, see art. 1

49.  The undertaker must pay to the local highway authority in respect of the highway works a sum equal to the whole of any costs and expenses which the local highway authority reasonably incur— E+W

(a) in the examination or approval of the Other Detailed Information under this Part;

(b) in inspecting the construction of the Works including any works required by the local highway authority under this Part;

(c) in carrying out any surveys which are reasonably required in connection with the construction of the Works; and

(d) in the transfer pursuant to paragraph 42 to the local highway authority of the land and rights acquired by the undertaker.

Commencement Information

I101 Sch. 8 para. 49 in force at 19.2.2021, see art. 1

50.—(1) The undertaker must, within 3 months of the date of approval of plans showing the limits of responsibility for the operational maintenance of the Works under requirement 13, prepare a list of assets not previously forming part of the local highway for which the local highway authority will be responsible for maintenance following completion of the Works. E+W

(2) The undertaker must use reasonable endeavours to agree a schedule of items on the list agreed under sub-paragraph (1) which are Non-standard Highway Assets having regard to the following—

(a) standard highway assets include—

(i) carriageways surfaced in concrete asphaltic materials (non-pigmented binder and non-coloured aggregates);

(ii) carriageways in shared surface roads, courtyards and housing squares surfaced in 200mm x 100mm x 80mm rectangular concrete block paving (optional);

(iii) footway surfaced in concrete asphaltic materials (non-pigmented binder or coloured aggregates);

(iv) footways adjacent to block paved carriageways also surfaced in 200mm x 100mm x 65mm thick concrete block paving (optional);

(v) cycleways surfaced in concrete asphaltic materials (red pigmented binders and/or aggregates);

(vi) pre-cast concrete kerbing;

(vii) gully drainage, connection pipes and gravity draining highway carrier drains;

(viii) galvanised pedestrian guard railing;

(ix) standard highway lighting layouts, columns and lanterns;

(x) standard illuminated and non-illuminated highway signs;

(xi) passively safe sign posts where required for road safety;

(xii) bollards and markers posts manufactured from plastic derivatives or recycled plastic/rubber;

(xiii) road markings;

(xiv) grass verges;

(b) Non-Standard Highway Assets include—

(i) any culvert, bridge, retaining wall or other structure

(ii) special features such as noise fencing, vehicle restraint barriers, pedestrian guard railing, knee rails and fences, gates

(iii) landscaping features such as planting, trees, hedging

(iv) sustainable drainage systems (“SuDS”) or non-standard highway drainage features such as—

(aa) flow control devices and attenuation storage;

(bb) SuDS including maintenance of any landscaping;

(cc) oil or petrol interceptors including the disposal of contaminated waste;

(dd) pumping stations and their energy charges;

(ee) watercourses and swales.

(3) Where the schedule prepared under paragraph (2) cannot be agreed, the determination of the schedule will be referred to arbitration under article 45 (arbitration).

(4) Following agreement of the schedule under sub-paragraph (2) or determination under sub-paragraph (3), the local highway authority must prepare a calculation of the Commuted Sum based on the maintenance the local highway authority considers to be required for the schedule of Non-Standard Highway Assets agreed under sub-paragraph (2) or determined under sub-paragraph (3) and must use reasonable endeavours to agree it with the undertaker.

(5) The undertaker must be provided with a complete breakdown of the calculation of the Commuted Sum by the local highway authority under sub-paragraph (4) including any assumptions used.

(6) Where the calculation prepared under sub-paragraph (4) cannot be agreed, the determination of the Commuted Sum will be referred to arbitration under article 45 (arbitration)

(7) The undertaker must pay the Commuted Sum to the local highway authority in one instalment within 10 working days of the later of—

(a) the date of completion of the authorised development; or

(b) the date of agreement of the value of the Commuted Sum under sub-paragraph (4) or determination under sub-paragraph (6).

Commencement Information

I102 Sch. 8 para. 50 in force at 19.2.2021, see art. 1

51.  Nothing in this Part of this Schedule prevents the local 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. E+W

Commencement Information

I103 Sch. 8 para. 51 in force at 19.2.2021, see art. 1

52.  Any difference arising between the undertaker and the local highway authority under this Part of this Schedule (other than in difference as to the meaning or construction of this Part of this Schedule) will be resolved by arbitration under article 45 (arbitration). E+W

Commencement Information

I104 Sch. 8 para. 52 in force at 19.2.2021, see art. 1

PART 5 E+W FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING NON- VEHICULAR HIGHWAYS

53.  The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and the local highway authority. E+W

Commencement Information

I105 Sch. 8 para. 53 in force at 19.2.2021, see art. 1

54.  In this Part of this Schedule— E+W

“Design Detailing” in relation to any Works, means any detailed design or amended detailed design relating to those Works which is approved by the Secretary of State pursuant to requirement 12(1) or (4);

“Detailed Information” means the following drawings, specifications and other information relating to the local highway, which must be in accordance with the Design Detailing—

(a)

the rights of way and access plans;

(b)

the schedule of widths and limitations, including details of any gates and stiles;

(c)

details of surfacing, kerbs and drainage; and

(d)

details of any signage to be altered or erected;

“local highway” means any public, non-vehicular highway which vests or is intended at the completion of works to vest in or be otherwise maintainable by the local highway authority being footpaths, footways, cycleways and bridleways;

“Works” means any works authorised by this Order undertaken on, to or under any local highway.

Commencement Information

I106 Sch. 8 para. 54 in force at 19.2.2021, see art. 1

55.  Before commencing the construction of, or the carrying out of any work authorised by this Order which involves interference with a local highway (including interference with the use by the public of a local highway and temporary or permanent stopping up of any part of a local highway), the undertaker must provide to the local highway authority the Detailed Information relating to the interference, and the Works must not be carried out except in accordance with the Detailed Information submitted to the local highway authority or as otherwise agreed between the undertaker and the local highway authority. E+W

Commencement Information

I107 Sch. 8 para. 55 in force at 19.2.2021, see art. 1

56.  Any officer of the local highway authority duly appointed for the purpose may at all reasonable times, subject to any necessary and reasonable health and safety restrictions imposed by the undertaker, enter upon and inspect any part of the authorised development which is in, over or under any local highway, or which may affect any local highway or any property of the local highway authority, during the carrying out of the Works, and the undertaker must give to such officer all reasonable facilities for such inspection. E+W

Commencement Information

I108 Sch. 8 para. 56 in force at 19.2.2021, see art. 1

57.  The testing of materials used in any Works affecting local highways must be carried out at the expense of the undertaker in accordance with Manual of Contract Documents for Highway Works Appendix 1/5 (Specification for Highway Works). The local highway authority must receive copies of all test certificates and results which have been requested by it in writing as soon as reasonably practicable. Notwithstanding the foregoing, the local highway authority have full power to test all or any materials used or proposed to be used in any work to the local highway at its own expense and the undertaker must provide such information and materials as is reasonably necessary to facilitate such testing. E+W

Commencement Information

I109 Sch. 8 para. 57 in force at 19.2.2021, see art. 1

58.—(1) Where the undertaker carries out any Works to any local highway it must make good any defects in those Works notified to it by the local highway authority within the period of 52 weeks after the date of the completion of the Works to that area of local highway to the reasonable satisfaction of the local highway authority. E+W

(2) The carrying out of any remedial works required under sub-paragraph (1) are Works under this Order.

(3) The carrying out of any remedial works required under sub-paragraph (1) requires the submission of such items of Detailed Information to the local highway authority as the undertaker deems to be reasonable in the circumstances but always including a description of the works to be carried out, a schedule of timings for the works, including dates and durations for any closures of any part of the local highway and traffic management proposals.

Commencement Information

I110 Sch. 8 para. 58 in force at 19.2.2021, see art. 1

59.  The undertaker must notify the local highway authority of the date of the completion of the works to any area of local highway within 5 working days of such completion. E+W

Commencement Information

I111 Sch. 8 para. 59 in force at 19.2.2021, see art. 1

60.  The undertaker will hold the local highway authority harmless and indemnified from and against any liability, loss, cost or claim arising out of or incidental to the carrying out of the Works (other than those arising out of or in consequence of any negligent act, default or omission of the local highway authority) provided that no claim can be settled or liability accepted by the local highway authority without first obtaining the written approval of the undertaker, such approval not to be unreasonably withheld or delayed. E+W

Commencement Information

I112 Sch. 8 para. 60 in force at 19.2.2021, see art. 1

61.  The undertaker must indemnify the local highway authority in respect of all costs, charges and expenses which the local highway authority may reasonably incur, have to pay or sustain in— E+W

(a) inspecting the construction of the Works including any works required by the local highway authority under this Part of this Schedule;

(b) carrying out any surveys by the local highway authority which are reasonably required in connection with the construction of the Works.

Commencement Information

I113 Sch. 8 para. 61 in force at 19.2.2021, see art. 1

62.  Nothing in this Part of this Schedule prevents the local 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. E+W

Commencement Information

I114 Sch. 8 para. 62 in force at 19.2.2021, see art. 1

63.  Any difference arising between the undertaker and the local highway authority under this Part of this Schedule (other than in difference as to the meaning or construction of this Part of this Schedule) will be resolved by arbitration under article 45 (arbitration). E+W

Commencement Information

I115 Sch. 8 para. 63 in force at 19.2.2021, see art. 1

Articles 2 and 43

SCHEDULE 9 E+W DOCUMENTS TO BE CERTIFIED

The reference to a document in the table with a numbered regulation is a reference to the regulation as numbered in the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

PART 1 E+W CLASSIFICATION OF ROADS PLANS

Commencement Information

I116 Sch. 9 Pt. 1 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing number	(3) Revision
Classification of Roads Plan Regulation 5(2)(o) Key Plan	E5510507-MMSJV-LSI-000-DR-UU-2071 in document reference no TR010036/APP/2.7	C02
Classification of Roads Plan Sheet 1 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2072 in document reference no TR010036/APP/2.7	C02
Classification of Roads Plan Sheet 2 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2073 in document reference no TR010036/APP/2.7	C02
Classification of Roads Plan Sheet 3 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2074 in document reference no TR010036/APP/2.7	C02
Classification of Roads Plan Sheet 4 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2075 in document reference no TR010036/APP/2.7	C02

PART 2 E+W DE-TRUNKING PLANS

Commencement Information

I117 Sch. 9 Pt. 2 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing number	(3) Revision
De-trunking works Key Plan	HE5510507-MMSJV-LSI-000-DR-UU-2061	C02
De-trunking works Sheet 1 of 3	HE5510507-MMSJV-LSI-000-DR-UU-2062	C01
De-trunking works Sheet 2 of 3	HE5510507-MMSJV-LSI-000-DR-UU-2063	C02
De-trunking works Sheet 3 of 3	HE5510507-MMSJV-LSI-000-DR-UU-2064	C02

PART 3 E+W THE ENGINEERING SECTIONS

Commencement Information

I118 Sch. 9 Pt. 3 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing number	(3) Revision
Engineering Sections Mainline Sheet 1	HE5510507-MMSJV-LSI-000-DR-UU-2171	C01
Engineering Sections Mainline Sheet 2	HE5510507-MMSJV-LSI-000-DR-UU-2172	C01
Engineering Sections Slip Roads	HE5510507-MMSJV-LSI-000-DR-UU-2173	C01
Engineering Sections Structures	HE5510507-MMSJV-LSI-000-DR-UU-2174	C01
Engineering Sections Bunds And False Cuttings	HE5510507-MMSJV-LSI-000-DR-UU-2175	C02
Engineering Sections Local Roads Sheet 1	HE5510507-MMSJV-LSI-000-DR-UU-2176	C01
Engineering Sections Local Roads Sheet 2	HE5510507-MMSJV-LSI-000-DR-UU-2177	C01
Engineering Sections Multiple Use Tracks Sheet 1	HE5510507-MMSJV-LSI-000-DR-UU-2178	C03
Engineering Sections Multiple Use Tracks Sheet 2	HE5510507-MMSJV-LSI-000-DR-UU-2179	C02
Engineering Sections Roundabouts	HE5510507-MMSJV-LSI-000-DR-UU-2180	C01
Engineering Sections Retention Of Existing Roads	HE5510507-MMSJV-LSI-000-DR-UU-2181	C02
Engineering Sections Ponds Sheet 1	HE5510507-MMSJV-LSI-000-DR-UU-2182	C01
Engineering Sections Ponds Sheet 2	HE5510507-MMSJV-LSI-000-DR-UU-2183	C01
Engineering Sections Ponds Sheet 3	HE5510507-MMSJV-LSI-000-DR-UU-2184	C01
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 1	HE5510507-MMSJV-LSI-000-DR-UU-2185	C01
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 2	HE5510507-MMSJV-LSI-000-DR-UU-2186	C01
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 3	HE5510507-MMSJV-LSI-000-DR-UU-2187	C02
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 4	HE5510507-MMSJV-LSI-000-DR-UU-2188	C02
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 5	HE5510507-MMSJV-LSI-000-DR-UU-2189	C02

PART 4 E+W THE ENVIRONMENTAL STATEMENT

Commencement Information

I119 Sch. 9 Pt. 4 in force at 19.2.2021, see art. 1

(1) Title	(2) Document reference
The Environmental Statement (subject to the amendments set out below)	6.1
The Appendices and Figures accompanying the Environmental Statement (subject to the amendments set out below)	6.3
The Environmental Statement Non-Technical Summary (Revision B)	6.4
The Environmental Statement – Statement of Statutory Nuisances	6.5
The Environmental Statement – Habitats Regulations Assessment of No Significant Effects Report	6.6
The Environmental Statement – Outline Environmental Management Plan (Revision C)	6.7
The Environmental Statement Addendum and accompanying Appendices	6.8
The Environmental Statement Outline Heritage Written Scheme of Investigation (Revision A)	6.9
The Environmental Statement Table of Errata (Revision C)	9.2
Environmental Statement Addendum Appendix B Figure A2.4 Environmental Masterplan consisting of— (1) Title (2) Drawing number (3) Revision Environmental Masterplan Sheet 1 of 7 HE551507-MMSJV-ELS-000-DR-LL-0129 C03 Environmental Masterplan Sheet 2 of 7 HE551507-MMSJV-ELS-000-DR-LL-0130 C03 Environmental Masterplan Sheet 3 of 7 HE551507-MMSJV-ELS-000-DR-LL-0131 C03 Environmental Masterplan Sheet 4 of 7 HE551507-MMSJV-ELS-000-DR-LL-0133 C03 Environmental Masterplan Sheet 5 of 7 HE551507-MMSJV-ELS-000-DR-LL-0134 C04 Environmental Masterplan Sheet 6 of 7 HE551507-MMSJV-ELS-000-DR-LL-0136 C04 Environmental Masterplan Sheet 7 of 7 HE551507-MMSJV-ELS-000-DR-LL-0137 C03

PART 5 E+W GENERAL ARRANGEMENT PLANS

Commencement Information

I120 Sch. 9 Pt. 5 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing number	(3) Revision
General Arrangement Plans Regulation 5(2)(o) Key Plan	HE5510507-MMSJV-LSI-000-DR-UU-2061	C02
General Arrangement Plans Sheet 1 of 7	HE5510507-MMSJV-LSI-000-DR-UU-2062	C01
General Arrangement Plans Sheet 2 of 7	HE5510507-MMSJV-LSI-000-DR-UU-2063	C02
General Arrangement Plans Sheet 3 of 7	HE5510507-MMSJV-LSI-000-DR-UU-2064	C02
General Arrangement Plans Sheet 4 of 7	HE5510507-MMSJV-LSI-000-DR-UU-2065	C02
General Arrangement Plans Sheet 5 of 7	HE5510507-MMSJV-LSI-000-DR-UU-2066	C03
General Arrangement Plans Sheet 6 of 7	HE5510507-MMSJV-LSI-000-DR-UU-2067	C02
General Arrangement Plans Sheet 7 of 7	HE5510507-MMSJV-LSI-000-DR-UU-2068	C02

PART 6 E+W LAND PLANS, CROWN LAND PLAN AND BOOK OF REFERENCE

Commencement Information

I121 Sch. 9 Pt. 6 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing or document number	(3) Revision
Land Plans Regulation 5(2)(i) Key Plan	HE5510507-MMSJV-LSI-000-DR-UU-2016	C05
Land Plans Plan 1 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2017	C05
Land Plans Plan 2 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2018	C05
Land Plans Plan 3 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2019	C05
Land Plans Plan 4 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2020	C05
Land Plans Plan 5 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2021	C05
Land Plans Plan 6 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2022	C05
Land Plans Plan 7 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2023	C05
Land Plans Plan 8 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2024	C05
Land Plans Plan 9 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2025	C05
Land Plans Plan 10 of 10	HE5510507-MMSJV-LSI-000-DR-UU-2026	C05
Crown Land Plan Regulation 5(2)(n)	HE5510507-MMSJV-LSI-000-DR-UU-2021	C02
Book of Reference Regulation 5(2)(d)	TR010036/APP/4.3	REV E

PART 7 E+W PERMANENT SPEED LIMITS PLANS

Commencement Information

I122 Sch. 9 Pt. 7 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing number	(3) Revision
Permanent Speed Limit Order Plans Regulation 5(2)(o) Key Plan	HE5510507-MMSJV-LSI-000-DR-UU-2051	C02
Permanent Speed Limit Order Plans Sheet 1 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2052	C02
Permanent Speed Limit Order Plans Sheet 1 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2053	C02
Permanent Speed Limit Order Plans Sheet 1 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2054	C02
Permanent Speed Limit Order Plans Sheet 1 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2055	C02

PART 8 E+W RIGHTS OF WAY AND ACCESS PLANS

Commencement Information

I123 Sch. 9 Pt. 8 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing number	(3) Revision
Rights of way and Access Plans Regulation 5(2)(k) and 5(2)(o) Key Plan	HE5510507-MMSJV-LSI-000-DR-UU-2041	C03
Rights of way and Access Plans Sheet 1 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2042	C05
Rights of way and Access Plans Sheet 2 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2043	C04
Rights of way and Access Plans Sheet 3 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2044	C06
Rights of way and Access Plans Sheet 4 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2045	C04

PART 9 E+W TRAFFIC REGULATION MEASURES PLANS

Commencement Information

I124 Sch. 9 Pt. 9 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing number	(3) Revision
Traffic Regulation Measures Plan Regulation 5(2)(o) Key Plan	HE5510507-MMSJV-LSI-000-DR-UU-2101	C02
Traffic Regulation Measures Plan Regulation 5(2)(o) Sheet 1 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2102	C02
Traffic Regulation Measures Plan Regulation 5(2)(o) Sheet 2 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2103	C02
Traffic Regulation Measures Plan Regulation 5(2)(o) Sheet 3 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2104	C02
Traffic Regulation Measures Plan Regulation 5(2)(o) Sheet 4 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2105	C02

PART 10 E+W WORKS PLANS

Commencement Information

I125 Sch. 9 Pt. 10 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing number	(3) Revision
Works Plans Regulation 52(2)(j) Key Plan	HE5510507-MMSJV-LSI-000-DR-UU-2031	C03
Works Plans Regulation 52(2)(j) Sheet 1 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2032	C07
Works Plans Regulation 52(2)(j) Sheet 2 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2033	C05
Works Plans Regulation 52(2)(j) Sheet 3 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2034	C07
Works Plans Regulation 52(2)(j) Sheet 4 of 4	HE5510507-MMSJV-LSI-000-DR-UU-2035	C07

PART 11 E+W OTHER DOCUMENTS

Commencement Information

I126 Sch. 9 Pt. 11 in force at 19.2.2021, see art. 1

(1) Title	(2) Drawing number	(3) Revision
Outline environmental management plan	TR010036/APP/6.7	B
Outline written heritage scheme of investigation	TR010036/6.9	A