PART 1PRELIMINARY
Citation and commencement1.
This Order may be cited as the A47/A11 Thickthorn Junction Development Consent Order 2022 and comes into force on 4th November 2022.
Interpretation2.
(1)
In this Order except where provided otherwise—
“address” includes any number or address for the purposes of electronic transmission;
“Anglian Water” means Anglian Water Services Limited (company number 2366656), whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, United Kingdom, PE29 6XU (or a related subsidiary company);
“apparatus” has the same meaning as in Part 3 of the 1991 Act;
“authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order,
“the book of reference” means the document of that description certified by the Secretary of State as the book of reference for the purposes of this Order under article 49 (certification of documents, etc.);
“bridleway” has the same meaning as in section 329(1) of the 1980 Act;
“building” includes any structure or erection or any part of a building, structure or erection;
“Cadent” means Cadent Gas Limited (company number 10080864), whose registered office is at Pilot Way, Ansty, Coventry CV7 9JU;
“carriageway” has the same meaning as in section 329(1) of the 1980 Act;
“classification of roads plans” means the documents of that description certified by the Secretary of State as the classification of roads plans for the purposes of this Order under article 49 (certification of documents, etc.);
“electronic transmission” means a communication transmitted—
(a)
by means of an electronic communications network; or
(b)
by other means but while in electronic form;
“engineering drawings and sections” means the documents of that description certified by the Secretary of State as the engineering drawings and sections for the purposes of this Order;
“environmental statement” means the document of that description certified by the Secretary of State as the environmental statement for the purposes of this Order under article 49 (certification of documents, etc.);
“footpath” and “footway” has the same meaning as in section 329(1) of the 1980 Act;
“general arrangement plans” means the documents of that description certified by the Secretary of State as the general arrangement plans for the purposes of this Order under article 49 (certification of documents, etc.);
“hedgerow plans” means the documents of that description certified by the Secretary of State as the hedgerow plans for the purposes of this Order under article 49 (certification of documents, etc.);
“highway” has the same meaning as in section 328(1) of the 1980 Act;
“highway authority” means the undertaker;
“land plans” means the documents of that description certified by the Secretary of State as the land plans for the purposes of this Order under article 49 (certification of documents, etc.);
“limits of deviation” means the limits of deviation referred to in article 8 (limits of deviation);
“local highway authority” means Norfolk County Council;
“maintain” in relation to the authorised development, includes to inspect, repair, adjust, alter, remove, replace or reconstruct, provided such works do not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement, and any derivative of “maintain” is to be construed accordingly;
“Openreach” means Openreach Limited (company number 10690039), whose registered office is at Kelvin House, 123 Judd Street, London WC1H 9NP;
“Order land” means the land shown on the land plans which is within the limits of the land to be acquired or used permanently or temporarily and described in the book of reference;
“Order limits” means the limits of land to be acquired permanently or used temporarily as shown on the land plans and works plans within which the authorised development may be carried out;
“outline traffic management plan” means the document of that description certified by the Secretary of State as the outline traffic management plan for the purposes of this Order under article 49 (certification of documents, etc.);
“relevant planning authority” means in any given provision of this Order the planning authority for the area in which the land to which the provision relates is situated;
“rights of way and access plans” means the documents of that description certified by the Secretary of State as the rights of way and access plans for the purposes of this Order under article 49 (certification of documents, etc.);
“special category land plans” means the documents of that description certified by the Secretary of State as the special category land plans for the purposes of this Order under article 49 (certification of documents, etc.);
“statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“traffic regulation plans” means the plans of that description certified by the Secretary of State as the traffic regulation plans for the purposes of this Order under article 49 (certification of documents, etc.);
“tribunal” means the Lands Chamber of the Upper Tribunal;
“trunk road” means a highway which is a trunk road by virtue of—
(a)
(b)
an order made or direction given under section 10 of that Act;
(c)
an order granting development consent; or
(d)
any other enactment;
“UKPN” means UK Power Networks (Operations) Limited (company number 03870728), whose registered office is at Newington House, 237 Southwark Bridge Road, London SE1 6NP;
“undertaker” means National Highways Limited, company number 09346363, whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;
“Virgin Media” means Virgin Media Limited (company number 02591237), whose registered office is at 500 Brook Drive, Reading RG2 6UU;
“Vodafone” means Vodafone Limited (company number 01471587), whose registered office is at Vodafone House, The Connection, Newbury, Berkshire RG14 2FN;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
“the works plans” means the plans of that description certified by the Secretary of State as the works plans for the purposes of this Order under article 49 (certification of documents, etc.).
(2)
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.
(3)
All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.
(4)
For the purposes of this Order, all areas described in square metres in the book of reference are approximate.
(5)
References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the relevant plans.
(6)
References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).
(7)
The expression “includes” may be construed without limitation.
Disapplication of legislative provisions3.
(1)
(2)
Maintenance of drainage works4.
(1)
Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise agreed in writing between the undertaker and the person responsible.