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The A417 Missing Link Development Consent Order 2022

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Disapplication of legislative provisions

    4. 4.Maintenance of drainage works

  3. PART 2 PRINCIPAL POWERS

    1. 5.Development consent etc. granted by the Order

    2. 6.Maintenance of authorised development

    3. 7.Planning permission

    4. 8.Limits of deviation

    5. 9.Benefit of Order

    6. 10.Consent to transfer benefit of Order

  4. PART 3 STREETS

    1. 11.Street works

    2. 12.Application of the 1991 Act

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

    4. 14.Classification of roads, etc.

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

    6. 16.Permanent stopping up and restriction of use of streets and private means of access

    7. 17.Access to works

    8. 18.Clearways

    9. 19.Traffic regulation

    10. 20.Cotswold Way national trail

  5. PART 4 SUPPLEMENTAL POWERS

    1. 21.Discharge of water

    2. 22.Protective works to buildings

    3. 23.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    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.Public rights of way

    6. 29.Private rights over land

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

    8. 31.Application of the 1981 Act

    9. 32.Acquisition of subsoil or airspace only

    10. 33.Rights under or over streets

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

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

    13. 36.Statutory undertakers

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

    15. 38.Recovery of costs of new connections

    16. 39.Special category land

  7. PART 6 OPERATIONS

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

    2. 41.Removal of human remains

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 42.Application of landlord and tenant law

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

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

    4. 45.Protective provisions

    5. 46.Certification of plans etc.

    6. 47.Service of notices

    7. 48.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the administrative areas of Gloucestershire County Council, Cotswold District Council and Tewkesbury Borough Council.

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Environmental Management Plan (Construction Stage)

        4. 4.Details of consultation

        5. 5.Landscaping

        6. 6.Implementation and maintenance of landscaping

        7. 7.Fencing

        8. 8.Land and groundwater contamination

        9. 9.Archaeology

        10. 10.Protected species

        11. 11.Detailed design

        12. 12.Surface and foul water drainage

        13. 13.Noise Mitigation

        14. 14.Approvals and amendments to approved details

      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

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 TRUNK ROADS

      2. PART 2 ROADS TO BE DE-TRUNKED

      3. PART 3 CLASSIFIED ROADS

      4. PART 4 UNCLASSIFIED ROADS

      5. PART 5 SPEED LIMITS

      6. PART 6 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

      7. PART 7 REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

      8. PART 8 PUBLIC RIGHTS OF WAY

    4. SCHEDULE 4

      PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

      1. PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

      3. PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      4. PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

    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 of the 1965 Act, as applied by section...

        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

      PROTECTIVE PROVISIONS

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

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

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

        3. 3.On street apparatus

        4. 4.Apparatus in stopped up streets

        5. 5.Protective works to buildings

        6. 6.Acquisition of land

        7. 7.Removal of apparatus

        8. 8.Facilities and rights for alternative apparatus

        9. 9.Retained apparatus

        10. 10.Expenses and costs

        11. 11.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. 12.Cooperation

        13. 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 36 (statutory...

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

        5. 18.This Part of this Schedule does not apply to—

        6. 19.Nothing in this Part of this Schedule affects the provisions...

    9. SCHEDULE 9

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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