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The M42 Junction 6 Development Consent 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 etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Maintenance of drainage works

    4. 6.Limits of deviation

    5. 7.Benefit of Order

    6. 8.Consent to transfer benefit of Order

    7. 9.Application of the 1990 Act

    8. 10.Application of the Community Infrastructure Levy Regulations 2010

    9. 11.Planning permission

  4. PART 3 STREETS

    1. 12.Street works

    2. 13.Application of the 1991 Act

    3. 14.Construction and maintenance of new, altered or diverted streets and other structures

    4. 15.Classification of roads etc.

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

    6. 17.Permanent stopping up, restriction of use of streets, public rights of way and private means of access

    7. 18.Access to works

    8. 19.Clearways, prohibitions and restrictions

    9. 20.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 21.Discharge of water

    2. 22.Protective work to buildings

    3. 23.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

    1. 24.Compulsory acquisition of land

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

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

    4. 27.Compulsory acquisition of rights and restrictive covenants

    5. 28.Private rights over land

    6. 29.Modification of Part 1 of the 1965 Act

    7. 30.Application of the 1981 Act

    8. 31.Acquisition of subsoil or airspace only

    9. 32.Rights under or over streets

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

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

    12. 35.Statutory undertakers

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

    14. 37.Crown rights

    15. 38.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 39.Felling or lopping of trees and removal of hedgerows

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 40.Application of landlord and tenant law

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

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

    4. 43.Protection of interests

    5. 44.Certification of plans and documents, etc.

    6. 45.Service of notices

    7. 46.No double recovery

    8. 47.Arbitration

    9. 48.Removal of human remains

    10. 49.Application, disapplication and modification of legislative provisions

    11. 50.Amendment of local legislation

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Detailed design

        4. 4.Outline Environmental Management Plan

        5. 5.Landscaping

        6. 6.Contaminated land and groundwater

        7. 7.Protected species

        8. 8.Surface and foul water drainage

        9. 9.Archaeological remains

        10. 10.Traffic management

        11. 11.Amendments to approved details

        12. 12.Fencing

        13. 13.Bickenhill Meadows SSSI

        14. 14.Relocation of Work No. 35 underground storage tank and access

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 15.Applications made under requirements

        2. 16.Further information

        3. 17.Register of requirements

        4. 18.Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

      STREETS SUBJECT TO STREET WORKS

    4. SCHEDULE 4

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 SPECIAL ROADS

      2. PART 2 TRUNK ROADS

      3. PART 3 CLASSIFIED ROADS

      4. PART 4 UNCLASSIFIED ROADS

      5. PART 5 SPEED LIMITS

      6. PART 6 PUBLIC RIGHTS OF WAY

    5. SCHEDULE 5

      STREETS TO BE TEMPORARILY STOPPED UP

    6. SCHEDULE 6

      PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS

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

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

      3. PART 3 PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      4. PART 4 PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      5. PART 5 PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      6. PART 6 PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      7. PART 7 ALTERATIONS TO PRIVATE MEANS OF ACCESS

    7. SCHEDULE 7

      CLEARWAYS, PROHIBITIONS AND RESTRICTIONS

      1. PART 1 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

      2. PART 2 TRAFFIC REGULATION MEASURES (WEIGHT RESTRICTIONS)

    8. SCHEDULE 8

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    9. SCHEDULE 9

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

      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...

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

      2. Application of the 1965 Act

        1. 4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...

        2. 5.(1) The modifications referred to in paragraph 4(a) are as...

    10. SCHEDULE 10

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    11. SCHEDULE 11

      FELLING OR LOPPING OF TREES AND REMOVAL OF HEDGEROWS

      1. PART 1 TREES IN CONSERVATION AREA

      2. PART 2 HEDGEROWS TO BE REMOVED OR MANAGED

    12. SCHEDULE 12

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

        1. 1.(1) For the protection of the utility undertakers referred to...

        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 17...

        5. Protective works to buildings

          1. 5.The undertaker, in the case of the powers conferred by...

        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. Co-operation

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

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

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

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

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

        3. 16.The exercise of the powers conferred by article 35 (statutory...

        4. 17.(1) Subject to sub-paragraphs (2) to (4), if as the...

      3. PART 3 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER

        1. Application

          1. 18.(1) For the protection of National Grid as referred to...

        2. Interpretation

          1. 19.In this Part of this Schedule— “alternative apparatus” means appropriate...

          2. 20.Except for paragraphs 21, 26, 27 and 28, this Part...

        3. Apparatus of National Grid in stopped up streets

          1. 21.(1) Where any street is stopped up under article 17...

        4. Protective works to buildings

          1. 22.The promoter, in the case of the powers conferred by...

        5. Acquisition of land

          1. 23.(1) Regardless of any provision in this Order or anything...

        6. Removal of apparatus

          1. 24.(1) If, in the exercise of the powers conferred by...

        7. Facilities and rights for alternative apparatus

          1. 25.(1) Where, in accordance with the provisions of this Part...

        8. Retained apparatus: protection of electricity undertaker

          1. 26.(1) Not less than 56 days before the commencement of...

        9. Expenses

          1. 27.(1) Subject to the following provisions of this paragraph, the...

        10. Indemnity

          1. 28.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Enactments and agreements

          1. 29.Nothing in this Part of this Schedule affects the provisions...

        12. Co-operation

          1. 30.(1) Where in consequence of the proposed construction of any...

        13. Access

          1. 31.If in consequence of the agreement reached in accordance with...

        14. Arbitration

          1. 32.Any difference or dispute arising between the promoter and National...

        15. Notices

          1. 33.Notwithstanding article 45 (service of notices), any plans submitted to...

      4. PART 4 FOR THE PROTECTION OF HIGH SPEED TWO (HS2) LIMITED

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

        2. 35.In this Part of this Schedule— “the Act limits” has...

        3. Regulation of powers

          1. 36.(1) The undertaker must before commencing construction of any specified...

          2. 37.(1) Any specified work must, when commenced, be constructed—

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

          4. 39.The undertaker must repay to the company all fees, costs,...

          5. 40.(1) Regardless of any provision in this Order or anything...

        4. Co-operation

          1. 41.(1) On a monthly basis, or such other period as...

        5. Indemnity

          1. 42.(1) Subject to sub-paragraphs (2) and (3), if by reason...

      5. PART 5 FOR THE PROTECTION OF CADENT GAS LIMITED

        1. Application

          1. 43.For the protection of Cadent the following provisions will, unless...

        2. Interpretation

          1. 44.In this Part of this Schedule— “alternative apparatus” means appropriate...

        3. On Street apparatus

          1. 45.(1) This Part of this Schedule does not apply to...

        4. Apparatus of Cadent in stopped up streets

          1. 46.(1) Where any street is stopped up under article 17...

        5. Protective works to buildings

          1. 47.The undertaker must exercise the powers conferred by article 22...

        6. Acquisition of land

          1. 48.(1) Regardless of any provision in this Order or anything...

        7. Removal of apparatus

          1. 49.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 50.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus: protection of Cadent

          1. 51.(1) Not less than 56 days before the commencement of...

        10. Expenses

          1. 52.(1) Subject to the following provisions of this paragraph, the...

        11. Indemnity

          1. 53.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 54.Except where this Part of this Schedule provides otherwise, nothing...

        13. Co-operation

          1. 55.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 56.If in consequence of any agreement reached in accordance with...

        15. Arbitration

          1. 57.Save for differences or disputes arising under sub-paragraphs 49(2) and...

        16. Notices

          1. 58.Notwithstanding article 45 (service of notices) any plans submitted to...

    13. SCHEDULE 13

      CERTIFICATION OF PLANS AND DOCUMENTS, ETC.

  11. Explanatory Note

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