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The East Midlands Gateway Rail Freight Interchange and Highway Order 2016

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Changes and effects yet to be applied to :

  • art. 19(4)(a)(iii) words substituted by S.I. 2017/1011 Sch. 3 para. 11(2) (This amendment comes into force on the day on which section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force. S.I. 2017/1286, reg. 2 brought those provisions fully into force on 28.12.2017)
  • art. 20(4)(b)(iii) words substituted by S.I. 2017/1011 Sch. 3 para. 11(2) (This amendment comes into force on the day on which section 4 of, and Schedule 1 to, the Digital Economy Act 2017 come fully into force. S.I. 2017/1286, reg. 2 brought those provisions fully into force on 28.12.2017)
  • art. 22(7) words substituted by S.I. 2016/1154 Sch. 29 Pt. 2 para. 104

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and Commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent granted by the Order

    2. 4.Parameters of authorised development

    3. 5.Authorisation of use

    4. 6.Maintenance of authorised development

    5. 7.Benefit of Order

    6. 8.Application and modification of legislative provisions

  4. PART 3 STREETS

    1. 9.Power to alter layout, etc., of streets

    2. 10.Highway works

    3. 11.Stopping up of streets

    4. 12.Public rights of way – creation, diversion and stopping up

    5. 13.Temporary stopping up of streets

    6. 14.Accesses

    7. 15.Maintenance of highway works

    8. 16.Classification of roads

    9. 17.Speed limits

    10. 18.Amendments to traffic regulation orders

    11. 19.Clearways and no waiting

    12. 20.Motor vehicle restrictions

    13. 21.Agreements with highway authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 22.Discharge of water

    2. 23.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 24.Guarantees in respect of payment of compensation

    2. 25.Compulsory acquisition of land and rights

    3. 26.Power to override easements and other rights

    4. 27.Compulsory acquisition of land – incorporation of the mineral code

    5. 28.Time limit for exercise of authority to acquire land and rights compulsorily

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

    7. 30.Rights under or over streets

    8. 31.Temporary use of land for carrying out the authorised development

    9. 32.Apparatus and rights of statutory undertakers in stopped up streets

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 33.Operation and use of railways

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

    3. 35.Charges

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

    5. 37.Felling or lopping of trees

    6. 38.Protection of interests

    7. 39.Certification of plans etc.

    8. 40.Service of notices

    9. 41.Arbitration

    10. 42.Governance of requirements and protection of interests relating to highway works

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

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

        1. Works No. 1

        2. Works No. 2

        3. Works No. 3

        4. Works No. 4

        5. Works No. 5

        6. Works No. 6

      2. PART 2 NSIP 2: THE CONSTRUCTION OF A NEW HIGHWAY

        1. Works No. 7

      3. PART 3 NSIP 3: THE ALTERATION OF EXISTING HIGHWAYS

        1. Works No. 8

      4. PART 4 ASSOCIATED DEVELOPMENT

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

        2. Works No. 9

        3. Works No. 10

        4. Works No. 11

        5. Works No. 12

        6. Works No. 13

        7. Further works

    2. SCHEDULE 2

      REQUIREMENTS

      1. 1.Time limit

      2. 2.Phases of development

      3. 3.Sustainable transport

      4. 4.Design and phasing of highways works

      5. 5.The undertaker must use reasonable endeavours to complete the highway...

      6. 6.Detailed design approval

      7. 7.No phase of the authorised development (with the exception of...

      8. 8.Provision of landscaping and ecological mitigation

      9. 9.Implementation and maintenance of landscaping

      10. 10.Ecological Management Plan

      11. 11.Construction Environmental Management Plan

      12. 12.Earthworks

      13. 13.Archaeology

      14. 14.Lighting details

      15. 15.Building sustainability

      16. 16.Flood risk and surface water drainage

      17. 17.(1) No phase of the authorised development (with the exception...

      18. 18.Any element of the authorised development which directly affects any...

      19. 19.Foul water drainage

      20. 20.Construction hours

      21. 21.Construction noise

      22. 22.Noise during the operational phase

      23. 23.Monitoring of complaints

      24. 24.Contamination risk

      25. 25.(1) Prior to the commencement of use of any part...

      26. 26.Waste management during the operational phase

    3. SCHEDULE 3

      STREETS SUBJECT TO HIGHWAY WORKS

    4. SCHEDULE 4

      STREETS TO BE PERMANENTLY STOPPED UP

      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

      PUBLIC RIGHTS OF WAY TO BE STOPPED UP

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

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

      3. PART 3 NEW PUBLIC RIGHTS OF WAY TO BE CREATED

    6. SCHEDULE 6

      PRIVATE MEANS OF ACCESS

      1. PART 1 PRIVATE MEANS OF ACCESS TO BE REPLACED

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

      3. PART 3 NEW PRIVATE MEANS OF ACCESS CREATED

    7. SCHEDULE 7

      CLASSIFICATION OF ROADS

      1. PART 1 NEW AND DIVERTED ROADS

      2. PART 2 EXISTING ROADS

    8. SCHEDULE 8

      SPEED LIMITS

      1. PART 1 EXISTING ORDERS

      2. PART 2 ROADS SUBJECT TO 30MPH SPEED LIMIT

      3. PART 3 ROADS SUBJECT TO 50MPH SPEED LIMIT

    9. SCHEDULE 9

      AMENDMENTS TO EXISTING ORDERS

    10. SCHEDULE 10

      CLEARWAYS AND NO WAITING

      1. PART 1 CLEARWAYS

      2. PART 2 NO WAITING AT ANY TIME

    11. SCHEDULE 11

      MOTOR VEHICLE RESTRICTIONS

      1. PART 1 MOTOR VEHICLE ACCESS ONLY RESTRICTIONS

      2. PART 2 ONE WAY STREETS

      3. PART 3 PROHIBITION OF ENTRY TO ABNORMAL LOADS LAYBY

      4. PART 4 BUSES AND CYCLISTS ONLY

    12. SCHEDULE 12

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    13. SCHEDULE 13

      LAND TO WHICH POWERS TO EXTINGUISH RIGHTS DO NOT APPLY

    14. SCHEDULE 14

      MODIFICATIONS 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.(1) For section 8 of the 1965 Act (provisions as...

        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 of the 1965 Act (protection for interests of...

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

    15. SCHEDULE 15

      FOR THE PROTECTION OF NATIONAL GRID

      1. 1.Application

      2. 2.Interpretation

      3. 3.This Schedule does not apply to apparatus in respect of...

      4. 4.Apparatus of National Grid in stopped up streets

      5. 5.Acquisition of land

      6. 6.Removal of apparatus

      7. 7.Facilities and rights for alternative apparatus

      8. 8.Retained apparatus: protection for gas undertakers

      9. 9.Retained apparatus: protection for electricity undertakers

      10. 10.Expenses

      11. 11.Indemnity

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

      13. 13.Enactments and agreements

      14. 14.Co-operation

      15. 15.Access

      16. 16.Arbitration

    16. SCHEDULE 16

      FOR THE PROTECTION OF THE AIRPORT OPERATOR

      1. 1.The undertaker must carry out the authorised development in accordance...

      2. 2.The undertaker must produce a Bird Management Plan to minimise...

      3. 3.The prior approval of the airport operator must be obtained...

      4. 4.The undertaker must not obstruct or in any way interfere...

      5. 5.The prior approval of the airport operator (acting as the...

      6. 6.Any difference or dispute arising between the undertaker and the...

    17. SCHEDULE 17

      FOR THE PROTECTION OF SEVERN TRENT WATER LIMITED

    18. SCHEDULE 18

      FOR THE PROTECTION OF NETWORK RAIL

      1. 1.The following provisions of this Schedule have effect, unless otherwise...

      2. 2.In this Schedule— “construction” includes execution, placing, alteration and reconstruction,...

      3. 3.(1) Where under this Schedule Network Rail is required to...

      4. 4.(1) The undertaker must not exercise the powers conferred by...

      5. 5.(1) The undertaker must before commencing construction of any specified...

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

      7. 7.The undertaker must— (a) at all times afford reasonable facilities...

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

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

      10. 10.The undertaker must repay to Network Rail all reasonable fees,...

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

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

      13. 13.The undertaker must not provide any illumination or illuminated sign...

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

      15. 15.(1) The undertaker must pay to Network Rail all reasonable...

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

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

      18. 18.The undertaker and Network Rail may, subject in the case...

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

      20. 20.The undertaker must give written notice to Network Rail if...

      21. 21.The undertaker must no later than 28 days from the...

    19. SCHEDULE 19

      FOR THE PROTECTION OF HIGHWAYS ENGLAND

      1. 1.Application

      2. 2.Interpretation

      3. 3.Prior approvals and security

      4. 4.Carrying out of works

      5. 5.Payments

      6. 6.Provisional certificate and defects period

      7. 7.Final certificate

      8. 8.Surety

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

      10. 10.Commuted sums

      11. 11.Insurance

      12. 12.Indemnification

      13. 13.Warranties

    20. SCHEDULE 20

      FOR THE PROTECTION OF LEICESTERSHIRE COUNTY COUNCIL AS HIGHWAY AUTHORITY

      1. 1.Application

      2. 2.Interpretation

      3. 3.Highway works

      4. 4.Provisional certificate and maintenance period

      5. 5.Final certificate

      6. 6.Payment for supplemental maintenance

      7. 7.Indemnity

      8. 8.Construction (Design and Management) Regulations 2015

      9. 9.Security

      10. 10.Form 2 as referred to in paragraph 9—

      11. 11.Notices etc.

      12. 12.Dispute resolution

      13. 13.Privately and publicly owned apparatus

      14. 14.Detailed design approval

      15. 15.Workmanship

      16. 16.Traffic and safety control

      17. 17.Site safety

      18. 18.Approval of persons undertaking the highway works

      19. 19.Inspection of the highway works

      20. 20.Design and inspection payment

      21. 21.Commuted sum

      22. 22.Programme of works

      23. 23.Power to execute works in default or emergency

      24. 24.Insurance

      25. 25.Notice of commencement of highway works

      26. 26.Approval of team undertaking Road Safety Audits

      27. 27.Road Safety Audits

      28. 28.Traffic signal equipment

      29. 29.Use of sums paid

      30. 30.Statutory procedures and orders

    21. SCHEDULE 21

      FOR THE PROTECTION OF TARMAC

      1. 1.The following provisions of this Schedule have effect, unless otherwise...

      2. 2.In this Schedule— “bagging plant” means the area subject to...

      3. 3.The undertaker must before commencing construction of any specified work...

      4. 4.The undertaker must give Tarmac no less than 28 days’...

      5. 5.The undertaker must not in the exercise of the powers...

      6. 6.The undertaker must give Tarmac a minimum of 28 days’...

      7. 7.The undertaker must construct the Tarmac access in accordance with...

      8. 8.Subject to the approval of Highways England the undertaker must...

      9. 9.The Tarmac access must be gated or include barriers at...

      10. 10.A scheme for the signage along the Tarmac access must...

      11. 11.The undertaker must permit Tarmac to utilise the Tarmac access...

      12. 12.The undertaker must pay the maintenance sum to Tarmac at...

      13. 13.The undertaker must, prior to undertaking any works on the...

      14. 14.The undertaker must reinstate any environmental barrier disturbed by, or...

      15. 15.Any difference or dispute arising between the undertaker and Tarmac...

  10. Explanatory Note

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