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The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2

    1. 3.Development consent etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Limits of deviation

    4. 6.Benefit of Order

    5. 7.Consent to transfer benefit of Order

    6. 8.Application and modification of legislative provisions

  4. PART 3

    1. 9.Application of the 1991 Act

    2. 10.Construction and maintenance of new, altered or diverted streets

    3. 11.Classification of roads, etc.

    4. 12.Permanent stopping up and restriction of use of streets

    5. 13.Temporary stopping up and restriction of use of streets

    6. 14.Access to works

    7. 15.Clearways

  5. PART 4

    1. 16.Discharge of water

    2. 17.Protective work to buildings

    3. 18.Authority to survey and investigate land

  6. PART 5

    1. 19.Compulsory acquisition of land

    2. 20.Compulsory acquisition of land – incorporation of the mineral code

    3. 21.Time limit for exercise of authority to acquire land compulsorily

    4. 22.Compulsory acquisition of rights

    5. 23.Private rights over land

    6. 24.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    7. 25.Acquisition of subsoil or air-space only

    8. 26.Acquisition of part of certain properties

    9. 27.Rights under or over streets

    10. 28.Temporary use of land for carrying out the authorised development

    11. 29.Temporary use of land for maintaining the authorised development

    12. 30.Statutory undertakers

    13. 31.Apparatus and rights of statutory undertakers in stopped up streets

    14. 32.Recovery of costs of new connections

  7. PART 6

    1. 33.Felling or lopping of trees

  8. PART 7

    1. 34.Application of landlord and tenant law

    2. 35.Operational land for purposes of the 1990 Act

    3. 36.Defence to proceedings in respect of statutory nuisance

    4. 37.Protection of interests

    5. 38.Certification of plans, etc.

    6. 39.Service of notices

    7. 40.Arbitration

    8. 41.Traffic regulation

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Interpretation

      2. 2.Time limits

      3. 3.Construction Environmental Management Plan

      4. 4.Landscaping

      5. 5.Implementation and maintenance of landscaping

      6. 6.Fencing

      7. 7.Contaminated land and groundwater

      8. 8.Archaeology

      9. 9.Ecological management plan

      10. 10.Water vole, badgers and bat roosts

      11. 11.(1) No part of the authorised development may be brought...

      12. 12.Traffic management

      13. 13.Detailed design

      14. 14.No part of the authorised development is to be brought...

      15. 15.The authorised development must be carried out in accordance with...

      16. 16.Surface and foul water drainage

      17. 17.Approvals and amendments to approved details

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 TRUNK ROADS

      2. PART 2 OTHER ROAD CLASSIFICATIONS

      3. PART 3 ROADS TO BE DE-TRUNKED

      4. PART 4 ROADS SUBJECT TO 30 MILES PER HOUR LIMIT

      5. PART 5 ROADS SUBJECT TO 40 MILES PER HOUR LIMIT

      6. PART 6 ROADS SUBJECT TO 50 MILES PER HOUR LIMIT

      7. PART 7 ROADS SUBJECT TO WEIGHT RESTRICTIONS

      8. PART 8 ROADS SUBJECT TO CENTRAL RESERVE ALTERATIONS

      9. PART 9 ROADS SUBJECT TO ONE WAY RESTRICTIONS

      10. PART 10 ROADS RESTRICTED TO ESCORTED VEHICLES

      11. PART 11 CYCLE TRACKS AND FOOTWAYS

      12. PART 12 PRIVATE MEANS OF ACCESS

      13. PART 13 PUBLIC RIGHTS OF WAY

      14. PART 14 PERMISSIVE RIGHT OF WAY

    4. SCHEDULE 4

      PERMANENT STOPPING UP OF STREETS

      1. PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    5. SCHEDULE 5

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    6. SCHEDULE 6

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

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limitation on the scope of paragraph 1, the...

      2. Application of the 1965 Act

        1. 3.(1) The 1965 Act has effect with the modifications necessary...

        2. 4.For section 7 of the 1965 Act (measure of compensation)...

        3. 5.For section 8 of the 1965 Act (provisions as to...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 (powers of entry) of the 1965 Act is...

        6. 8.Section 20 (protection for interests of tenants at will, etc.)...

        7. 9.Section 22 of the 1965 Act (interests omitted from purchase)...

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY AND GAS UNDERTAKERS

        1. 1.For the protection of the undertakers referred to in this...

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. On street apparatus

          1. 3.This Part of this Schedule does not apply to apparatus...

        4. Apparatus in stopped up streets

          1. 4.(1) Where any street is stopped up under article 12...

        5. Protective works to buildings

          1. 5.The Secretary of State, in the case of the powers...

        6. Acquisition of land

          1. 6.Regardless of any provision in this Order or anything shown...

        7. Removal of apparatus

          1. 7.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 8.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 9.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 10.(1) Subject to the following provisions of this paragraph, the...

          2. 11.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Cooperation

          1. 12.Where in consequence of the proposed construction of any of...

          2. 13.Nothing in this Part of this Schedule affects the provisions...

      2. PART 2 FOR THE PROTECTION OF ANGLIAN WATER

        1. 14.For the protection of Anglian Water, the following provisions have...

        2. 15.In this Part of this Schedule— “apparatus” means any works,...

        3. 16.The Secretary of State must not interfere with, build over...

        4. 17.The alteration, extension, removal or re-location of any apparatus must...

        5. 18.In the situation, where in exercise of the powers conferred...

        6. 19.Regardless of any provision in this Order or anything shown...

        7. 20.If in consequence of the exercise of the powers conferred...

        8. 21.If in consequence of the exercise of the powers conferred...

        9. 22.If for any reason or in consequence of the construction...

      3. PART 3 FOR THE PROTECTION OF RAILWAY INTERESTS

        1. 23.The following provisions of this Part of this Schedule have...

        2. 24.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 25.(1) Where under this Part of this Schedule Network Rail...

        4. 26.(1) The Secretary of State must not exercise the powers...

        5. 27.(1) The Secretary of State must, before commencing construction of...

        6. 28.(1) Any specified work and any protective works to be...

        7. 29.The Secretary of State must— (a) at all times afford...

        8. 30.Network Rail must at all reasonable times afford reasonable facilities...

        9. 31.(1) If any permanent or temporary alterations or additions to...

        10. 32.The Secretary of State must repay to Network Rail all...

        11. 33.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 34.If at any time after the completion of a specified...

        13. 35.The Secretary of State must not provide any illumination or...

        14. 36.Any additional expenses which Network Rail may reasonably incur in...

        15. 37.(1) The Secretary of State must pay to Network Rail...

        16. 38.Network Rail must, on receipt of a request from the...

        17. 39.In the assessment of any sums payable to Network Rail...

        18. 40.The Secretary of State and Network Rail may, subject in...

        19. 41.Nothing in this Order, or in any enactment incorporated with...

        20. 42.The Secretary of State must give written notice to Network...

        21. 43.The Secretary of State must no later than 28 days...

      4. PART 4 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 44.For the protection of any operator, the following provisions have...

        2. 45.In this Part of this Schedule— “the 2003 Act” means...

        3. 46.The exercise of the powers conferred by article 37 (statutory...

        4. 47.(1) Subject to sub-paragraphs (2) to (4), if as the...

  11. Explanatory Note

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