The A57 Link Roads Development Consent Order 2022

Classification of roads etc. E+W+S

13.—(1) The road described in Part 1 (special roads) of Schedule 3 (classification of roads, etc.) is to be—

(a) classified as a special road for the purposes of any enactment or instrument which refers to highways classified as special roads; and

(b) provided for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the 1980 Act.

(2) From the date on which the undertaker notifies the Secretary of State that the road described in Part 1 (special roads) of Schedule 3 has been completed and is open for traffic—

(a) the undertaker is the highway authority for that road; and

(b) it is classified as a trunk road for the purposes of any enactment or instrument which refers to highways classified as trunk roads.

(3) On the date on which the authorised development is open for traffic the roads described in Part 2 (trunk roads) of Schedule 3 are to become trunk roads as if they had become so by virtue of an order under section 10(2)(1) (general provision as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads.

(4) On the date on which the authorised development is open for traffic the roads described in Part 3 (classified roads) of Schedule 3 are to become classified roads for the purpose of any enactment or instrument which refers to highways classified as classified roads as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act.

(5) On a date to be determined by the undertaker, the road described in Part 4 (road to be detrunked) of Schedule 3 is to cease to be trunk road as if it had ceased to be a trunk road by virtue of an order made under section 10(2) of the 1980 Act specifying that date as the date on which it was to cease to be a trunk road.

(6) On or after the date on which the roads specified in Part 5 (speed limits) of Schedule 3 are open for traffic, no person is to drive any motor vehicle at a speed exceeding the limit in miles per hour specified in column (3) of Part 5 of Schedule 3 along the lengths of road identified in the corresponding row of column (1) of that Part to the extent described in column (2) of that Part.

(7) Subject to article 17 (clearways), on or after a date determined by the undertaker, the prohibitions specified in column (3) of Part 6 (clearways and other prohibitions) of Schedule 3 are to apply to the length of road identified in column (2) of that Part and those prohibitions are to have effect as if contained in an order made under the 1984 Act.

(8) On a date to be determined by the undertaker, the order specified in column (3) of Part 7 (revocations and variations of existing traffic regulation order) of Schedule 3 is to be varied or revoked as specified in the corresponding row of column (4) of that Part in respect of the length of road specified in column (2) of that Part.

(9) The proposed public rights of way described in Part 8 (public rights of way) of Schedule 3 and identified in the streets, rights of way and access plans will, on or after the date that they are first open for use, be of the type described in column (1) of that Part to the extent described in column (2) and, unless otherwise agreed with the local highway authority, are to be constructed by the undertaker in the specified locations and open for use no later than the date on which the authorised development is open for traffic.

(10) An agreement may not be made with a local highway authority under paragraph (9) if it would include a provision that would result in any materially new or materially worse environmental effects than those reported in the environmental statement.

(11) Unless otherwise agreed with the relevant land owner, the private means of access specified in column (2) of Part 9 (private means of access) of Schedule 3 and as identified on the rights of way and access plans are to be constructed by the undertaker in the specified locations and open for use no later than the date on which the authorised development is open for traffic.

(12) The application of paragraphs (1) to (11) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters, including by an instrument made under the 1984 Act where the matter in question could have been included in an order made under that Act.

Commencement Information

I1 Art. 13 in force at 7.12.2022, see art. 1

(1)

Section 10(2) was amended by section 22(2)(a) of the 1991 Act, and by section 1(6) of, and paragraphs 1 and 10(1) and (2) of Schedule 1 to, the Infrastructure Act 2015.