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The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

  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 and highways

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

    7. 17.Creation or improvement of means of access to works

    8. 18.Clearways, prohibitions and restrictions

    9. 19.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 20.Discharge of water

    2. 21.Protective works to buildings

    3. 22.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 23.Compulsory acquisition of land

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

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

    4. 26.Compulsory acquisition of rights

    5. 27.Public rights of way

    6. 28.Private rights over land

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

    8. 30.Application of the 1981 Act

    9. 31.Acquisition of subsoil or airspace only

    10. 32.Rights under or over streets

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

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

    13. 35.Statutory undertakers

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

    15. 37.Recovery of costs of new connections

  7. PART 6 OPERATIONS

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

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 39.Application of landlord and tenant law

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

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

    4. 42.Protective provisions

    5. 43.Certification of plans etc.

    6. 44.Service of notices

    7. 45.Arbitration

    8. 46.Removal of human remains

    9. 47.Crown rights

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the administrative areas of Somerset County Council and South...

      2. The authorised development is a nationally significant infrastructure project as...

      3. Work No. 1 – Shown on sheets 1, 2, 3...

      4. Work No. 2 – Shown on sheets 1, 2, 3...

      5. Work No. 3 – The construction of a new multi-purpose...

      6. Work No. 4 – The construction of a new multi-purpose...

      7. Work No. 5 – Works associated with the closure of...

      8. Work No. 6 – The construction of ‘Pond 1’, shown...

      9. Work No. 7 – The construction of ‘Pond 2’, shown...

      10. Work No. 8 – The installation of new telecommunications cable...

      11. Work No. 9 – The decommissioning of 75 metres of...

      12. Work No. 11 – The construction of new multi-purpose ‘Track...

      13. Work No. 12 – The construction of new multi-purpose ‘Track...

      14. Work No. 13 – The diversion of 1370 metres of...

      15. Work No. 14 – The construction of new access ‘Track...

      16. Work No. 15 – The construction of ‘Camel Cross link’,...

      17. Work No. 16 – The construction of ‘B3151 link’, shown...

      18. Work No. 17 – The construction of ‘Downhead Lane’, shown...

      19. Work No. 18 – The construction of ‘Downhead Junction Link’,...

      20. Work No. 19 – The construction of ‘Howell Hill Link...

      21. Work No. 20 – The construction of ‘Steart Hill Link...

      22. Work No. 21 – The construction of ‘Steart Hill Overbridge’,...

      23. Work No. 22 – The construction of ‘Bund 1’, shown...

      24. Work No. 23 - The construction of ‘Bund 2’, shown...

      25. Work No. 24 – The construction of new maintenance access...

      26. Work No. 25 – Works associated with the retention of...

      27. Work No. 26 – Works associated with the retention of...

      28. Work No. 27 – Works associated with the closure of...

      29. Work No. 28 – The construction of ‘pond 3’, shown...

      30. Work No. 29 - The construction of ‘pond 4’, shown...

      31. Work No. 30 – The construction of ‘Steart Hill Roundabout’,...

      32. Work No. 31 – The installation of new telecommunications cable...

      33. Work No. 32 – The diversion of 500 metres of...

      34. Work No. 33 – The diversion of 295 metres of...

      35. Work No. 34 – The installation of new telecommunications cable...

      36. Work No. 35 – Shown on sheet 2 of the...

      37. Work No. 36 – The diversion of 430 metres of...

      38. Work No. 37 – The diversion of 50 metres of...

      39. Work No. 38 – The diversion of 500 metres of...

      40. Work No.38a – The decommissioning of 275 metres of electrical...

      41. Work No. 41 – The construction of ‘Steart Hill Link’,...

      42. Work No. 42 – The construction of ‘Howell Hill Link...

      43. Work No. 43 – The diversion of 1210 metres of...

      44. Work No. 44 – The diversion of 1470 metres of...

      45. Work No. 45 – The diversion of 560 metres of...

      46. Work No. 46 – The diversion of 250 metres of...

      47. Work No. 47 - The diversion of 340 metres of...

      48. Work No. 48 – The diversion of 380 metres of...

      49. Work No. 49 – The construction of a temporary southern...

      50. Work No. 50 – The construction of ‘Hazlegrove Junction Eastbound...

      51. Work No. 51 – The construction of ‘Steart Hill (North)’,...

      52. Work No. 52 – The construction of ‘Steart Hill (South)’,...

      53. Work No. 53 – The construction of ‘Vale Farm Link’,...

      54. Work No. 54 – The construction of ‘Hazlegrove Junction Underbridge’,...

      55. Work No. 55 – The construction of ‘Bund 3’, shown...

      56. Work No. 56 - The construction of ‘Bund 4’, shown...

      57. Work No. 57 – The construction of new multi-purpose ‘Track...

      58. Work No. 58 – The construction of new multi-purpose ‘Track...

      59. Work No. 59 – Work number not used.

      60. Work No. 60 – Works associated with the retention of...

      61. Work No. 61 – Works associated with the closure of...

      62. Work No. 62 - Works associated with the closure of...

      63. Work No. 63 – Works associated with the closure of...

      64. Work No. 64 – Works associated with the closure of...

      65. Work No. 65 – The construction of Camel Hill Roundabout,...

      66. Work No. 66 – Works to local road at Camel...

      67. Work No. 67 – Works to access from local road...

      68. Work No. 68 – Works to the existing ‘Steart Hill’,...

      69. Work No. 69 – The installation of new telecommunications cable...

      70. Work No. 70 – The diversion of 65 metres of...

      71. Work No. 71 – The diversion of 800 metres of...

      72. Work No. 72 – The diversion of 920 metres of...

      73. Work No. 73 – The diversion of 40 metres of...

      74. Work No. 74 – The diversion of 320 metres of...

      75. Work No. 75 – The diversion of 215 metres of...

      76. Work No. 76 – The diversion of 260 metres of...

      77. Work No. 77 – The diversion of 50 metres of...

      78. Work No. 78 – The diversion of 40 metres of...

      79. Work No. 79 – The diversion of 275 metres of...

      80. Work No. 80 – The construction of a temporary northern...

      81. Work No. 81 – The construction of ‘Camel Hill Link’,...

      82. Work No. 82 - The construction of ‘Bund 5’, shown...

      83. Work No. 83 – Works associated with the retention of...

      84. Work No. 84 – The installation of new telecommunications cable...

      85. Work No. 85 – The construction of ‘Hazlegrove Junction Eastbound...

      86. Work No. 86 – The construction of ‘Hazlegrove Junction Westbound...

      87. Work No. 87 – The construction of ‘Hazlegrove Junction Westbound...

      88. Work No. 88 – The construction of ‘Ridge Copse Link’,...

      89. Work No. 89 - The construction of ‘Bund 6’, shown...

      90. Work No. 90 - The construction of ‘Bund 7’, shown...

      91. Work No. 91 - The construction of new maintenance access...

      92. Work No. 92 – The construction of ‘Hazlegrove School Access’,...

      93. Work No. 93 – Works to the existing Hazlegrove Roundabout,...

      94. Work No. 94 - The construction of ‘Pond 5’, shown...

      95. Work No. 95 – Works to the existing ‘Pond 6’,...

      96. Work No. 96 – The installation of new telecommunications cable...

      97. Work No. 97 – The installation of new telecommunications cable...

      98. Work No. 98 – The installation of new telecommunications cable...

      99. Work No. 100 – The retention of a section of...

      100. Work No. 101 – The retention of a section of...

      101. Work No. 102 – The installation of new signage around...

      102. Work No. 103 – The installation of a new sign...

      103. Work No. 105 – The construction of new multi-purpose ‘Track...

      104. Works comprising associated development within the meaning of section 115(2)...

      105. Work No. 10 – Ecological mitigation area for Greats Crested...

      106. Work No. 39 – Ecological mitigation area for common reptiles,...

      107. Work No. 40 – Ecological mitigation area for common reptiles,...

      108. Work No. 99 – Ecological mitigation area for Great Crested...

      109. Work No. 104 – Widening of the carriageway of the...

      110. In connection with the construction of any of those works,...

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Construction Environmental Management Plan

        4. 4.Landscape and ecological management plan

        5. 5.Details of consultation

        6. 6.Landscaping

        7. 7.Implementation and maintenance of landscaping

        8. 8.Land and groundwater contamination

        9. 9.Archaeology

        10. 10.Ecology, Priority and Protected species

        11. 11.Traffic management

        12. 12.Detailed design

        13. 13.Surface water drainage

        14. 14.Noise mitigation

        15. 15.Highway lighting

        16. 16.Delivery approach plan

        17. 17.Provision of non-motorised user route at western end

        18. 18.No through road signs for Traits Lane and Gason Lane

        19. 19.Speed limit on B3151

        20. 20.Traffic monitoring and mitigation in Sparkford

        21. 21.Approvals and amendments to approved details

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 22.Applications made under requirements

        2. 23.Further information

        3. 24.Register of requirements

        4. 25.Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 TRUNK ROADS

        1. Shown as dashed purple lines on the Classification of Roads...

      2. PART 2A ROADS TO BE DE-TRUNKED AND VESTED IN SOMERSET COUNTY COUNCIL

      3. PART 2B ROADS TO BE DE-TRUNKED AND REMAIN UNDER THE CONTROL AND MANAGEMENT OF THE UNDERTAKER

      4. PART 3 CLASSIFIED A ROADS

        1. Shown as dashed blue lines on the Classification of Roads...

      5. PART 4 CLASSIFIED B ROADS

        1. Shown as dashed green lines on the Classification of Roads...

      6. PART 5 UNCLASSIFIED ROADS

        1. Shown as dashed orange lines on the Classification of Roads...

      7. PART 6 SPEED LIMITS

      8. PART 7 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

      9. PART 8 TRAFFIC REGULATION MEASURES (WEIGHT RESTRICTIONS)

      10. PART 9 TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)

      11. PART 10 REVOCATIONS AND VARIATIONS OF ORDERS

      12. PART 11 PUBLIC RIGHTS OF WAY

      13. PART 12 NOTIFICATION OF DATES TO BE DETERMINED

        1. 26.(1) Where in accordance with article 14 (classification of roads,...

    4. SCHEDULE 4

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

      1. In relating this Schedule to the rights of way and...

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

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

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

      5. PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      6. PART 5 ALTERATIONS TO PRIVATE MEANS OF ACCESS

      7. PART 6 NEW PRIVATE MEANS OF ACCESS

    5. SCHEDULE 5

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE PERMANENTLYACQUIRED

    6. SCHEDULE 6

      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...

        4. 4.Application of Part 1 of the 1965 Act

        5. 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 alternative...

        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 35 (statutory...

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

      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) Before commencing construction of a specified work, the undertaker...

        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 THE LOCAL HIGHWAY AUTHORITY REGARDING VEHICULAR HIGHWAYS

        1. 29.The provisions of this Part of this Schedule have effect...

        2. 30.In this Part of this Schedule— “Commuted Sum” means the...

        3. 31.Before commencing the construction of, or the carrying out of...

        4. 32.(1) Before commencing the construction of, or the carrying out...

        5. 33.(1) Before commencing the construction of, or the carrying out...

        6. 34.(1) The undertaker will allow and facilitate an appropriately qualified...

        7. 35.(1) Any officer of the local highway authority duly appointed...

        8. 36.(1) The undertaker must procure that an appropriately qualified safety...

        9. 37.Provision must be made in accordance with the local highway...

        10. 38.The undertaker must not, except with the consent of the...

        11. 39.Except in an emergency or where necessary to secure the...

        12. 40.In exercising the powers conferred by the Order in relation...

        13. 41.The undertaker must, if reasonably required by the local highway...

        14. 42.(1) If reasonably requested by the local highway authority, the...

        15. 43.(1) Where the undertaker carries out any Works to any...

        16. 44.(1) The Works must all be completed on such date...

        17. 45.The undertaker will hold the local highway authority harmless and...

        18. 46.(1) When the undertaker considers that the Works have reached...

        19. 47.The local highway authority must, if requested to do so...

        20. 48.No earlier than 52 weeks from the date of issue...

        21. 49.The undertaker must pay to the local highway authority in...

        22. 50.(1) The undertaker must, within 3 months of the date...

        23. 51.Nothing in this Part of this Schedule prevents the local...

        24. 52.Any difference arising between the undertaker and the local highway...

      5. PART 5 FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING NON- VEHICULAR HIGHWAYS

        1. 53.The provisions of this Part of this Schedule have effect...

        2. 54.In this Part of this Schedule— “Design Detailing” in relation...

        3. 55.Before commencing the construction of, or the carrying out of...

        4. 56.Any officer of the local highway authority duly appointed for...

        5. 57.The testing of materials used in any Works affecting local...

        6. 58.(1) Where the undertaker carries out any Works to any...

        7. 59.The undertaker must notify the local highway authority of the...

        8. 60.The undertaker will hold the local highway authority harmless and...

        9. 61.The undertaker must indemnify the local highway authority in respect...

        10. 62.Nothing in this Part of this Schedule prevents the local...

        11. 63.Any difference arising between the undertaker and the local highway...

    9. SCHEDULE 9

      DOCUMENTS TO BE CERTIFIED

      1. The reference to a document in the table with a...

      2. PART 1 CLASSIFICATION OF ROADS PLANS

      3. PART 2 DE-TRUNKING PLANS

      4. PART 3 THE ENGINEERING SECTIONS

      5. PART 4 THE ENVIRONMENTAL STATEMENT

      6. PART 5 GENERAL ARRANGEMENT PLANS

      7. PART 6 LAND PLANS, CROWN LAND PLAN AND BOOK OF REFERENCE

      8. PART 7 PERMANENT SPEED LIMITS PLANS

      9. PART 8 RIGHTS OF WAY AND ACCESS PLANS

      10. PART 9 TRAFFIC REGULATION MEASURES PLANS

      11. PART 10 WORKS PLANS

      12. PART 11 OTHER DOCUMENTS

  11. Explanatory Note