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The A303 (Amesbury to Berwick Down) Development Consent Order 2023

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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

  3. PART 2 WORKS PROVISIONS

    1. Principal Powers

      1. 4.Development consent, etc. granted by the Order

      2. 5.Maintenance of the authorised development

      3. 6.Planning permission

      4. 7.Limits of deviation

    2. Streets

      1. 8.Application of the 1991 Act

      2. 9.Construction and maintenance of new, altered or diverted streets and other structures

      3. 10.Permanent stopping up of streets and private means of access

      4. 11.Temporary stopping up and restriction of use of streets

      5. 12.Access to works

    3. Supplemental Powers

      1. 13.Discharge of water

      2. 14.Protective works to buildings

      3. 15.Authority to survey and investigate land

      4. 16.Removal of human remains

      5. 17.Felling or lopping of trees and hedgerows

      6. 18.Maintenance of drainage works

  4. PART 3 POWERS OF ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 19.Compulsory acquisition of land

      2. 20.Compulsory acquisition of land – incorporation of the minerals code

      3. 21.Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily

      4. 22.Compulsory acquisition of rights

      5. 23.Private rights over land

      6. 24.Power to override easements and other rights

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

      8. 26.Application of the 1981 Act

      9. 27.Acquisition of subsoil, etc., only

      10. 28.Rights over or under streets

      11. Temporary possession of land

        1. 29.Temporary use of land for constructing the authorised development

        2. 30.Temporary use of land for maintaining the authorised development

      12. Supplementary

        1. 31.Statutory undertakers

        2. 32.Apparatus and rights of statutory undertakers in stopped up streets

        3. 33.Recovery of costs of new connection

        4. 34.Special category land

      13. Compensation

        1. 35.Disregard of certain interests and improvements

        2. 36.Set-off for enhancement in value of retained land

        3. 37.No double recovery

  5. PART 4 OPERATIONAL PROVISIONS

    1. 38.Power to operate and use the tunnel

    2. 39.Closing the tunnel

    3. 40.No apparatus in the tunnel area without consent

    4. 41.Removal of vehicles

    5. 42.Removal of obstructions

    6. 43.Dangerous goods

    7. 44.Byelaws relating to the tunnel area

    8. 45.Fixed penalty notices

    9. 46.Classification of roads, etc.

    10. 47.Clearways

    11. 48.Traffic regulation measures

  6. PART 5 MISCELLANEOUS AND GENERAL

    1. 49.Benefit of the Order

    2. 50.Consent to transfer benefit of Order

    3. 51.Application of landlord and tenant law

    4. 52.Operational land for purposes of the 1990 Act

    5. 53.Defence to proceedings in respect of statutory nuisance

    6. 54.Protective provisions

    7. 55.Certification of plans, etc.

    8. 56.Service of notices

    9. 57.Arbitration

    10. 58.Consents, agreements and approvals

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the administrative area of Wiltshire Council

      2. Ancillary Works

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Preparation of detailed design, etc.

        4. 4.Outline Environmental Management Plan

        5. 5.Archaeology

        6. 6.Protected species

        7. 7.Contaminated land and groundwater

        8. 8.Implementation and maintenance of landscaping

        9. 9.Traffic management

        10. 10.Drainage

        11. 11.Details of consultation

        12. 12.Stone curlew breeding plots

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 13.Applications made under requirements

        2. 14.Determination of applications by the planning authority

        3. 15.Further information

        4. 16.Register of requirements

        5. 17.Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

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

      1. PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

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

      3. PART 3 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

      4. PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    4. SCHEDULE 4

      LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

    5. SCHEDULE 5

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE 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 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...

    6. SCHEDULE 6

      LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS IN AND ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED

    7. SCHEDULE 7

      LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      BYELAWS

      1. PART 1 PRELIMINARY

        1. 1.These byelaws may be cited as the A303 (Amesbury to...

        2. 2.Interpretation

      2. PART 2 CONDUCT AND BEHAVIOUR

        1. 3.Smoking etc.

        2. 4.Unacceptable behaviour

      3. PART 3 EQUIPMENT AND SAFETY

        1. 5.General safety

      4. PART 4 ACCESS AND TRAFFIC

        1. 6.Unauthorised access and loitering

        2. 7.Traffic regulation

        3. 8.Dangerous goods

      5. PART 5 ENFORCEMENT, ETC.

        1. 9.Name and address

        2. 10.Compliance with instructions and notices, etc.

        3. 11.Identification of authorised persons

        4. 12.Breaches by authorised persons

        5. 13.Attempted breach

    9. SCHEDULE 9

      CLASSIFICATION OF ROADS ETC.

      1. PART 1 THE NEW AND IMPROVED A303 TRUNK ROAD

        1. 1.An 11.6 kilometre length of new road

      2. PART 2 THE NEW LONGBARROW JUNCTION AND THE SLIP ROADS

        1. 2.A303 eastbound diverge slip road

        2. 3.A303 eastbound merge slip road

        3. 4.A303 westbound diverge slip road

        4. 5.A303 westbound merge slip road

      3. PART 3 THE NEW LONGBARROW JUNCTION AND LINK ROADS

        1. 6.A360 northern link to new Longbarrow junction

        2. 7.Northbound and Southbound Link between the new northern and southern roundabouts at Longbarrow Junction

        3. 8.A360 south-eastern link to new Longbarrow junction

        4. 9.South-western link to new Longbarrow junction

      4. PART 4 THE NEW ROLLESTONE CROSS

        1. 10.A 230 metre length of new road (B3086 northbound approach)

        2. 11.A 135 metre length of new road (Unclassified westbound approach)

        3. 12.A 140 metre length of new road (B3086 eastbound approach)

      5. PART 5 THE NEW B3083

        1. 13.A 725 metre length of new road (realigned B3083)

      6. PART 6 THE NEW COUNTESS JUNCTION SLIP ROADS

        1. 14.A303 eastbound diverge slip road

        2. 15.A303 eastbound merge slip road

        3. 16.A303 westbound diverge slip road

        4. 17.A303 westbound merge slip road

      7. PART 7 THE EXISTING A303

        1. 18.A 570 metre length of existing A303 trunk road

        2. 19.A 350 metre length of existing A303 trunk road

        3. 20.A 1.24 kilometre length of existing A303 trunk road

        4. 21.A 345 metre length of existing A303 trunk road

      8. PART 8 THE NEW ALLINGTON TRACK LINK ROAD

        1. 22.A 985 metre length of new road

      9. PART 9 ROADS TO BE DE-TRUNKED

        1. 23.A 2.28 kilometre length of the existing A303 trunk road

        2. 24.A 345 metre length of the existing A303 trunk road

    10. SCHEDULE 10

      TRAFFIC REGULATION MEASURES

      1. PART 1 SPEED LIMITS

      2. PART 2 CLEARWAYS AND PROHIBITIONS

      3. PART 3 REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

    11. SCHEDULE 11

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, 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 alternative...

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

        4. 4.(1) Regardless of the temporary stopping up, alteration or diversion...

        5. 5.Despite any provision in this Order or anything shown on...

        6. 6.(1) If, in the exercise of the powers conferred by...

        7. 7.(1) Where, in accordance with the provisions of this Part...

        8. 8.(1) Not less than 21 days before starting the carrying...

        9. 9.(1) Subject to the following provisions of this paragraph, the...

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

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

        1. 11.(1) For the protection of any operator, the following provisions...

        2. 12.The exercise of the powers of article 31 (statutory undertakers)...

        3. 13.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 14.This Part of this Schedule does not apply to—

        5. 15.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

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

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

        3. 18.(1) Before commencing construction of a specified work, the undertaker...

        4. 19.Without limiting paragraph 18, the requirements which the drainage authority...

        5. 20.(1) Subject to sub-paragraph (2), any specified work, and all...

        6. 21.(1) Subject to sub-paragraph (5), the undertaker must from the...

        7. 22.Subject to paragraphs 24 and 25 and sub-paragraph 21(5)(b), if...

        8. 23.If by reason of the construction of the specified work...

        9. 24.The undertaker must make reasonable compensation for costs, charges and...

        10. 25.(1) The undertaker must make reasonable compensation for costs and...

        11. 26.The fact that any work or thing has been executed...

        12. 27.Any dispute arising between the undertaker and the drainage authority...

      4. PART 4 FOR THE PROTECTION OF ESSO PETROLEUM COMPANY LIMITED

        1. 28.Application

        2. 29.Interpretation

        3. 30.Acquisition of apparatus

        4. 31.Removal of apparatus and rights for alternative apparatus

        5. 32.Facilities and rights for alternative apparatus

        6. 33.Retained apparatus: protection

        7. 34.Cathodic protection testing

        8. 35.Expenses

        9. 36.Damage to property and other losses

        10. 37.Co-operation and reasonableness

        11. 38.Miscellaneous

      5. PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 39.(1) The following provisions apply for the protection of the...

        2. 40.(1) Before commencing construction of any specified work, the undertaker...

        3. 41.Without limiting paragraph 40, the requirements which the Agency may...

        4. 42.(1) Subject to sub-paragraph (2), any specified work, and all...

        5. 43.(1) Subject to sub-paragraph (5) the undertaker must from the...

        6. 44.Subject to paragraphs 47 and 43(5)(b), if by reason of...

        7. 45.If by reason of construction of the specified work the...

        8. 46.(1) The undertaker must take all such measures as may...

        9. 47.The undertaker must make reasonable compensation for costs, charges and...

        10. 48.(1) The undertaker must make reasonable compensation for costs and...

        11. 49.Any dispute arising between the undertaker and the Agency under...

    12. SCHEDULE 12

      DOCUMENTS TO BE CERTIFIED

  9. Explanatory Note

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