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The West Midlands Rail Freight Interchange Order 2020

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  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

  4. PART 3 STREETS

    1. 8.Street works

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

    3. 10.Permanent stopping up of streets

    4. 11.Temporary stopping up of streets

    5. 12.Public rights of way – creation and stopping up

    6. 13.Accesses

    7. 14.Maintenance of highway works

    8. 15.Classification of A5/A449 link road

    9. 16.Speed limits

    10. 17.Traffic Regulation

    11. 18.Clearways, no waiting and limited waiting

    12. 19.Motor vehicle restrictions

    13. 20.Agreements with highway authorities

  5. PART 4 SUPPLEMENTAL POWERS

    1. 21.Discharge of water

    2. 22.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 23.Guarantees in respect of payment of compensation

    2. 24.Compulsory acquisition of land

    3. 25.Compulsory acquisition of rights

    4. 26.Private rights

    5. 27.Power to override easements and other rights

    6. 28.Compulsory acquisition of land – incorporation of the mineral code

    7. 29.Time limit for exercise of authority to acquire land and rights compulsorily

    8. 30.Modification of Part 1 of the 1965 Act

    9. 31.Application of the 1981 Act

    10. 32.Statutory undertakers and operators of the electronic communications code network

    11. 33.Rights under or over streets

    12. 34.Temporary use of land for carrying out the authorised development

    13. 35.Temporary use of land for maintaining the authorised development

    14. 36.Apparatus and rights of statutory undertakers in stopped up streets

    15. 37.No double recovery

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 38.Operation and use of railways

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

    3. 40.Charges

    4. 41.Felling or lopping of trees and removal of hedgerows

    5. 42.Protective provisions

    6. 43.Governance of requirements and governance of protective provisions relating to highway works

    7. 44.Disapplication, application and modification of legislative provisions

    8. 45.Certification of plans and documents

    9. 46.Service of notices

    10. 47.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

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

        1. In the County of Staffordshire and the District of South...

        2. Works No. 1

        3. Within the area of land described on the works plans...

        4. The construction of a new railway line from the rail...

        5. Works No. 2

        6. Within the area of land described on the works plans...

        7. The construction of a rail freight terminal, the general arrangement...

        8. Works No. 3

        9. Within the area of land described on the works plans...

        10. Works No. 4

        11. Within the area of land described on the works plans...

        12. The A5/A449 link road the general arrangement of which is...

        13. Works No. 5

        14. Within the area of land described on the works plans...

      2. PART 2 ASSOCIATED DEVELOPMENT

        1. Associated development within the meaning of section 115(2) (development for...

        2. In the County of Staffordshire and the District of South...

        3. Works No. 6

        4. Within the area of land described on the works plans...

        5. The provision of structural landscaping and two community parks including—...

        6. Works No. 7

        7. Within the area of land described on the works plans...

        8. Works to the public highway the general arrangement of which...

        9. Works No. 8

        10. Within the area of land described on the works plans...

        11. Works No. 9a

        12. Within the area of land described on the works plans...

        13. Works No. 9b

        14. Within the area of land described on the works plans...

        15. Works No. 10a

        16. Within the area of land described on the works plans...

        17. Works No. 10b

        18. Within the area of land described on the works plans...

        19. Works No. 11

        20. Within the area of land described on the works plans...

        21. Further works

        22. The following further works provided that such works do not...

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 GENERAL REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limit

        3. 3.Phases of development

        4. 4.Detailed design approval

        5. 5.Demolition and construction environmental management plan

        6. 6.Rail

        7. 7.Construction hours

        8. 8.Air quality – operational emissions

        9. 9.Archaeology

        10. 10.Cultural heritage – demolition of heritage assets

        11. 11.Cultural heritage – demolition of canal crossings

        12. 12.Ecological mitigation and management plan

        13. 13.Ground conditions – contamination risk

        14. 14.(1) No part of the authorised development (with the exception...

        15. 15.Earthworks

        16. 16.Landscape – written landscaping scheme

        17. 17.Landscape – implementation and maintenance of landscaping works

        18. 18.Landscape – phasing of landscaping and ecology works

        19. 19.Height of containers

        20. 20.Lighting details

        21. 21.Noise – construction stage

        22. 22.Noise – operational stage

        23. 23.Permissive paths

        24. 24.Transport – demolition and construction

        25. 25.Transport – phasing of highway works

        26. 26.Water and flood risk – flood risk assessment

        27. 27.Water and flood risk – surface water drainage scheme

        28. 28.Water and flood risk – foul water drainage

        29. 29.Building sustainability

        30. 30.Waste management during the operational phase

      2. PART 2 RAIL REQUIREMENTS

        1. 31.Interpretation

        2. 32.Rail Provision

        3. 33.The undertaker must keep the local planning authority advised of...

        4. 34.The undertaker must notify the local planning authority of the...

        5. 35.Rail Infrastructure

        6. 36.The undertaker must pursue the completion of the rail terminal...

        7. 37.Following completion of the rail terminal works the undertaker must...

        8. 38.Rail Support

        9. 39.The undertaker must maintain a person in the position of...

        10. 40.Rail Provision Milestones

        11. 41.The undertaker must progress the approvals referred to in paragraphs...

      3. PART 3 PROCEDURE FOR APPROVALS ETC. UNDER REQUIREMENTS

        1. 42.Interpretation

        2. 43.Applications made for certain approvals

        3. 44.Further information

        4. 45.Appeals

        5. 46.Fees

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      STREETS TO BE STOPPED UP

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

      2. PART 2 STREETS TO BE PERMANENTLY STOPPED UP AND BECOME PRIVATE STREETS

    5. SCHEDULE 5

      PUBLIC RIGHTS OF WAY

      1. PART 1 PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 NEW PUBLIC RIGHT OF WAY TO BE CREATED

    6. SCHEDULE 6

      PRIVATE MEANS OF ACCESS

      1. PART 1 PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 PRIVATE MEANS OF ACCESS TO BE CLOSED AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      3. PART 3 NEW PRIVATE MEANS OF ACCESS CREATED

    7. SCHEDULE 7

      CLASSIFICATION OF NEW HIGHWAYS

    8. SCHEDULE 8

      SPEED LIMITS

      1. PART 1 ROADS SUBJECT TO 30MPH SPEED LIMIT

      2. PART 2 ROADS SUBJECT TO 40MPH SPEED LIMIT

      3. PART 3 ROADS SUBJECT TO 50MPH SPEED LIMIT

      4. PART 4 ROADS SUBJECT TO 60MPH SPEED LIMIT

    9. SCHEDULE 9

      TRAFFIC REGULATION

      1. PART 1 AMENDMENTS TO EXISTING ORDERS

      2. PART 2 CLEARWAYS

      3. PART 3 NO WAITING AT ANY TIME

      4. PART 4 LIMITED WAITING

      5. PART 5 PROHIBITED MOVEMENTS

      6. PART 6 ONE WAY STREET

    10. SCHEDULE 10

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    11. SCHEDULE 11

      LAND IN WHICH NEW RIGHTS MAY BE CREATED

    12. SCHEDULE 12

      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 paragraph 1, the 1961 Act has...

        3. 3.(1) Without limitation on the scope of paragraph 1, the...

        4. 4.Application of Part 1 of the 1965 Act

        5. 5.(1) The modifications referred to in paragraph 4(a) are as...

    13. SCHEDULE 13

      PROTECTIVE PROVISIONS

      1. PART 1 FOR PROTECTION OF RAILWAY INTERESTS

        1. 1.The provisions of this Part of this Schedule have effect,...

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

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

        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...

      2. PART 2 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

        7. 7.Handover certificate and defects period

        8. 8.Final certificate

        9. 9.Security

        10. 10.Commuted sums

        11. 11.Insurance

        12. 12.Indemnification

        13. 13.Warranties

        14. 14.Land transfer

        15. 15.Approvals

        16. 16.Expert Determination

        17. 17.Bond form

      3. PART 3 FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY

        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 – except for A5/A449 link road

        8. 8.Final certificate – A5/A449 link road

        9. 9.Security

        10. 10.Insurance

        11. 11.Indemnification

        12. 12.Warranties

        13. 13.Approvals

        14. 14.Expert Determination

        15. 15.Bond form

      4. PART 4 FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION LIMITED

        1. 1.The provisions of this Part of this Schedule have effect,...

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

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

        4. 4.Regardless of any provision in this Order or anything shown...

        5. 5.(1) If, in the exercise of the powers conferred by...

        6. 6.(1) Where, in accordance with the provisions of this Part...

        7. 7.(1) Not less than 60 days before the undertaker intends...

        8. 8.The undertaker must repay to WPD the reasonable expenses incurred...

        9. 9.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        10. 10.Expert determination

      5. PART 5 FOR THE PROTECTION OF USERS OF THE GAILEY PARK ROUNDABOUT

        1. 1.The provisions of this Part of this Schedule have effect...

        2. 2.In this Part of this Schedule— “Gailey Park roundabout” means...

        3. 3.Maintaining access rights

        4. 4.Design details

        5. 5.The undertaker will procure warranties in favour of the parties...

        6. 6.The undertaker must provide as part of the works signage...

        7. 7.The undertaker must not in the exercise of powers conferred...

        8. 8.New access rights

        9. 9.Maintenance

        10. 10.The undertaker and the parties may enter into, and carry...

        11. 11.Indemnity

        12. 12.Expert determination

        13. 13.The parties referred to in the definition of “parties” in...

      6. PART 6 FOR THE PROTECTION OF THE SI GROUP

        1. 1.The provisions of this Part of this Schedule have effect,...

        2. 2.In this Part of this Schedule and notwithstanding the definitions...

        3. 3.Subject to paragraph 7 ... of this Part of this...

        4. 4.The undertaker must not take any steps in accordance with...

        5. 5.The undertaker must not carry out any of the authorised...

        6. 6.The undertaker must not, save as in accordance with the...

        7. 7.A power referred to in paragraphs 3, 5 and 6...

      7. PART 7 FOR THE PROTECTION OF THE CANAL & RIVER TRUST

        1. 1.The provisions of this Part of this Schedule are to...

        2. 2.In this Part of this Schedule— “canal” means that part...

        3. 3.Powers requiring consent of the Trust

        4. 4.Approval of plans

        5. 5.Vehicles

        6. 6.Survey of waterway

        7. 7.Design of works

        8. 8.Construction of specified works

        9. 9.Notice of works and access to works

        10. 10.Lighting

        11. 11.Access to works

        12. 12.Prevention of pollution

        13. 13.Repayment of the Trust's fees

        14. 14.Maintenance of works

        15. 15.Compensation and indemnity

        16. 16.The Trust must, on receipt of a written request from...

        17. 17.In the assessment of any sums payable to the Trust...

        18. 18.The undertaker and the Trust may enter into, and carry...

        19. 19.The undertaker must repay to the Trust in accordance with...

        20. 20.(1) If any permanent or temporary alterations or additions to...

        21. 21.Costs of alterations

        22. 22.(1) The fact that any act or thing may have...

        23. 23.Fencing

        24. 24.Capitalised sums

        25. 25.Expert determination

      8. PART 8 FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER

        1. 1.Application

        2. 2.Interpretation

        3. 3.On Street Apparatus

        4. 4.Apparatus of Cadent 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

        9. 9.Expenses

        10. 10.Indemnity

        11. 11.Enactments and agreements

        12. 12.Co-operation

        13. 13.Access

        14. 14.Arbitration

        15. 15.Notices

      9. PART 9 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 1.The provisions of this Part of this Schedule have effect...

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

        3. 3.The exercise of the powers conferred by article 32 (statutory...

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

      10. PART 10 FOR THE PROTECTION OF WATER AND SEWERAGE UNDERTAKERS

        1. 1.The provisions of this Part of this Schedule have effect...

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

        3. 3.On street apparatus

        4. 4.Apparatus 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

        9. 9.Expenses and costs

        10. 10.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. 11.Cooperation

        12. 12.Nothing in this Part of this Schedule affects the provisions...

    14. SCHEDULE 14

      MISCELLANEOUS CONTROLS

      1. Public general legislation

        1. 1.Introduction

        2. 2.Highways Act 1980

        3. 3.New Roads and Street Works Act 1991

        4. 4.Local Government (Miscellaneous Provisions) Act 1976

        5. 5.Town and Country Planning Act 1990

        6. 6.Environment Act 1995

    15. SCHEDULE 15

      CERTIFICATION DOCUMENTS

      1. 1.Documents for certification that they are true copies of the...

  10. Explanatory Note

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