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The A57 Link Roads Development Consent Order 2022

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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.Planning Permission

    5. 7.Limits of deviation

    6. 8.Benefit of Order

    7. 9.Consent to transfer benefit of Order

  4. PART 3 STREETS

    1. 10.Street Works

    2. 11.Application of the 1991 Act

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

    4. 13.Classification of roads etc.

    5. 14.Temporary alteration, diversion, prohibition and restriction of the use of streets

    6. 15.Permanent stopping up and restriction of use of highways, streets and private means of access

    7. 16.Access to works

    8. 17.Clearways

    9. 18.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 19.Discharge of water

    2. 20.Protective work to buildings

    3. 21.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION

    1. 22.Compulsory acquisition of land

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

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

    4. 25.Compulsory acquisition of rights and restrictive covenants

    5. 26.Private rights over land

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

    7. 28.Application of the 1981 Act

    8. 29.Acquisition of subsoil or airspace only

    9. 30.Rights under or over streets

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

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

    12. 33.Statutory undertakers

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

    14. 35.Recovery of costs of new connections

  7. PART 6 OPERATIONS

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

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 37.Application of landlord and tenant law

    2. 38.Trees subject to tree preservation orders

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

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

    5. 41.Protection of interests

    6. 42.Certification of documents, etc.

    7. 43.Service of notices

    8. 44.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. Interpretation

          1. 1.In this Schedule— “contaminated land” has the same meaning as...

        2. Time limits

          1. 2.The authorised development must commence no later than the expiration...

        3. Detailed design

          1. 3.(1) The authorised development must be designed in detail and...

        4. Second Iteration EMP

          1. 4.(1) No part of the authorised development is to commence...

        5. Landscaping

          1. 5.(1) No part of the authorised development is to commence...

        6. Contaminated land and groundwater

          1. 6.(1) No part of the authorised development is to commence...

        7. Protected species

          1. 7.(1) No part of the authorised development is to commence...

        8. Surface and foul water drainage

          1. 8.(1) No part of the authorised development is to commence...

        9. Flood risk assessment

          1. 9.(1) Subject to sub-paragraph (2), the authorised development must be...

        10. Archaeological remains

          1. 10.(1) No part of the authorised development is to commence...

        11. Fencing

          1. 11.Any permanent and temporary fencing and other means of enclosure...

        12. Carbon management

          1. 12.(1) No part of the authorised development is to commence...

        13. Piling

          1. 13.(1) No part of the authorised development is to commence...

        14. Details of consultation

          1. 14.(1) With respect to any requirement which requires details to...

        15. Amendments to approved details

          1. 15.With respect to any requirement which requires the authorised development...

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. Applications made under requirements

          1. 16.(1) Where an application has been made to the Secretary...

        2. Further information

          1. 17.(1) In relation to any part of an application made...

        3. Register of requirements

          1. 18.(1) The undertaker must, as soon as practicable following the...

        4. Anticipatory steps towards compliance with any requirement

          1. 19.If before the coming into force of this Order the...

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 SPECIAL ROADS

      2. PART 2 TRUNK ROADS

      3. PART 3 CLASSIFIED ROADS

      4. PART 4 ROAD TO BE DETRUNKED

      5. PART 5 SPEED LIMITS

      6. PART 6 CLEARWAYS AND OTHER PROHIBITIONS

      7. PART 7 REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDER

      8. PART 8 PUBLIC RIGHTS OF WAY

      9. PART 9 PRIVATE MEANS OF ACCESS

    4. SCHEDULE 4

      PERMANENT STOPPING UP AND ALTERATION OF HIGHWAYS, STREETS AND PRIVATE MEANS OF ACCESS

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

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

      3. PART 3 ALTERATIONS TO PRIVATE MEANS OF ACCESS

    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 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 Part 1 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...

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      HEDGEROWS AND TREES

      1. PART 1 HEDGEROWS

      2. PART 2 TREES SUBJECT TO TREE PRESERVATION ORDERS

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE 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 15...

        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 33 (statutory...

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

      3. PART 3 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

        1. 18.The provisions of this Part have effect for the protection...

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

        3. 20.(1) Not less than 2 months before commencing construction of...

        4. 21.Without limiting the scope of paragraph 20, the requirements which...

        5. 22.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 23.(1) Subject to sub-paragraph (5), the undertaker must from the...

        7. 24.If by reason of the construction of a specified work...

        8. 25.The undertaker must indemnify the drainage authority in respect of...

        9. 26.(1) Without limiting the other provisions of this Part of...

        10. 27.The fact that any work or thing has been executed...

        11. 28.Any dispute arising between the undertaker and the drainage authority...

      4. PART 4 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER

        1. 29.Application

        2. 30.Interpretation

        3. 31.Except for paragraphs 32 (apparatus in stopped up streets), 37...

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

        5. 33.Protective works to buildings

        6. 34.Acquisition of land

        7. 35.Removal of apparatus

        8. 36.Facilities and rights for alternative apparatus

        9. 37.Retained apparatus: protection

        10. 38.Expenses

        11. 39.Indemnity

        12. 40.Enactments and agreements

        13. 41.Co-operation

        14. 42.Access

        15. 43.Arbitration

        16. 44.Notices

      5. PART 5 FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER

        1. 45.Application

        2. 46.Interpretation

        3. 47.On Street Apparatus

        4. 48.Apparatus of Cadent in stopped up streets

        5. 49.Protective works to buildings

        6. 50.Acquisition of land

        7. 51.Removal of apparatus

        8. 52.Facilities and rights for alternative apparatus

        9. 53.Retained apparatus: protection of Cadent

        10. 54.Expenses

        11. 55.Indemnity

        12. 56.Enactments and agreements

        13. 57.Co-operation

        14. 58.Access

        15. 59.Arbitration

        16. 60.Notices

      6. PART 6 ENVIRONMENT AGENCY

        1. 61.(1) The following provisions will apply for the protection of...

        2. 62.(1) Where in the exercise of the powers conferred by...

        3. 63.If, in the exercise of the powers conferred by this...

        4. 64.The undertaker must indemnify the Agency in respect of all...

        5. 65.Any dispute arising between the undertaker and the Agency under...

    10. SCHEDULE 10

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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