The A19 Downhill Lane Junction Development Consent Order 2020

1. Introductory Text

2. PART 1

   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

4. PART 3 STREETS

   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. Temporary stopping up and restriction of use of streets

   5. 13. Permanent stopping up and restriction of use of streets and private means of access

   6. 14. Access to works

   7. 15. Clearways

   8. 16. Traffic regulation

5. PART 4 SUPPLEMENTAL POWERS

   1. 17. Discharge of water

   2. 18. Protective work to buildings

   3. 19. Authority to survey and investigate the land

6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

   1. 20. Compulsory acquisition of land

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

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

   4. 23. Compulsory acquisition of rights

   5. 24. Private rights over land

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

   7. 26. Application of the 1981 Act

   8. 27. Acquisition of subsoil or airspace only

   9. 28. Rights under or over streets

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

   11. 30. Temporary use of land for construction compound

   12. 31. Temporary use of land for maintaining the authorised development

   13. 32. Statutory undertakers

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

   15. 34. Recovery of costs of new connections

7. PART 6 OPERATIONS

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

8. PART 7 MISCELLANEOUS AND GENERAL

   1. 36. Disapplication of legislative provisions, etc.

   2. 37. Application of landlord and tenant law

   3. 38. Operational land for purposes of the 1990 Act

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

   5. 40. Protection of interests

   6. 41. Certification of documents, etc.

   7. 42. Service of notices

   8. 43. Arbitration

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. Construction 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

       2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

          1. 13. Applications made under requirements

          2. 14. Further information

          3. 15. Register of requirements

          4. 16. Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

       CLASSIFICATION OF ROADS, ETC.

       1. PART 1 TRUNK ROADS

       2. PART 2 OTHER CLASSIFIED ROADS

       3. PART 3 NON-MOTORISED USER ROUTES

       4. PART 4 ROADS SUBJECT TO 40 MILES PER HOUR LIMIT

    4. SCHEDULE 4

       PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS

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

       2. PART 2 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

       3. PART 3 STREETS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    5. SCHEDULE 5

       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...

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

       2. Application of Part 1 of the 1965 Act

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

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

    6. SCHEDULE 6

       LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    7. SCHEDULE 7

       PROTECTIVE PROVISIONS

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

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

          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 13...

          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. Cooperation

              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 32 (statutory...

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

    8. SCHEDULE 8

       AMENDMENTS TO THE A19/A184 TESTO’S JUNCTION ALTERATION DEVELOPMENT CONSENT ORDER 2018

    9. SCHEDULE 9

       DOCUMENTS TO BE CERTIFIED

11. Explanatory Note