In this Order—

• “the 1961 Act” means the Land Compensation Act 196110

• “the 1965 Act” means the Compulsory Purchase Act 196511;

• “the 1980 Act” means the Highways Act 198012;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 198113;

• “the 1984 Act” means the Road Traffic Regulation Act 198414;

• “the 1990 Act” means the Town and Country Planning Act 199015;

• “the 1991 Act” means the New Roads and Street Works Act 199116;

• “the 2004 Act” means the Traffic Management Act 200417;

• “the 2008 Act” means the Planning Act 200818;

• “the 2017 Regulations” means the Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 201719;

• “address” includes any number or address for the purposes of electronic transmission;

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

• “authorised development” means the development described in Schedule 1 (authorised development) or any part of it, which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

• “the book of reference” means the book of reference referred to in Schedule 10 (documents to be certified) and certified by the Secretary of State as the book of reference for the purposes of this Order;

• “British Telecommunications PLC” means the company registered in England and Wales, company number 01800000, whose registered address is 1 Braham Street, London, United Kingdom, E1 8EE;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “bridleway” has the same meaning as in the 1980 Act and for the purposes of this Order includes a right of way on pedal cycles;

• “Cadent Gas Limited” means the Company registered in England and Wales, company number 10080864, whose registered address is Cadent, Pilot Way, Ansty, Coventry, England, CV7 9JU;

• “carriageway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

• “the classification of roads plans” means the plans of that description referred to in Schedule 10 (documents to be certified) and certified by the Secretary of State as the classification of road plans for the purposes of this Order;

• “commence” means beginning to carry out any material operation (as defined in section 56(4)20 (time when development begun) of the 1990 Act) forming part of the authorised development other than operations consisting of archaeological investigations and mitigation works, ecological surveys and mitigation works, environmental surveys and monitoring, investigations for the purpose of assessing and monitoring ground conditions and levels, remedial work in respect of any contamination or other adverse ground conditions, erection of any temporary means of enclosure, establishment of work areas and compounds, receipt of construction plant and equipment, erection of construction plant and equipment for the preliminary works (as defined in paragraph 1 of Schedule 2 (requirements)), diversion and laying of underground apparatus and site clearance, and the temporary display of site notices or information and “commencement” and “commencing” are to be construed accordingly;

• “cycle track” has the same meaning as in section 329(1) of the 1980 Act and includes part of a cycle track21;

• “cycleway” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way: a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 198822) with a right of way on foot or a right of way on horseback or leading a horse;

• “Electricity North West Limited” means the company registered in England and Wales, company number 02366949, whose registered address is Electricity North West, Borron Street, Stockport, England, SK1 2JD;

• “electronic transmission” means a communication transmitted—

  1. a

     by means of an electronic communications network; or

  2. b

     by other means but while in electronic form,

  and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 200323;

• “the engineering drawings and sections” means the drawings and sections referred to in Schedule 10 (documents to be certified) and certified as the engineering drawings and sections by the Secretary of State for the purposes of this Order ;

• “the environmental statement” means the document of that description submitted with the application for this Order and referred to in Schedule 10 (documents to be certified) and certified as the environmental statement by the Secretary of State for the purposes of this Order;

• “footway” and “footpath” have the same meaning as in section 329(1) of the 1980 Act;

• “highway” and “highway authority” have the same meaning as in the 1980 Act and “highway” includes part of a highway;

• “the land plans” means the plans referred to in Schedule 10 (documents to be certified) and certified as the land plans by the Secretary of State for the purposes of this Order;

• “local highway authority” has the same meaning as in section 329(1)24 of the 1980 Act;

• “maintain” in relation to the authorised development includes, to the extent that is unlikely to give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement, inspect, repair, adjust, alter, remove or reconstruct and any derivative of “maintain” is to be construed accordingly;

• “the Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference;

• “the Order limits” means the limits of land to be acquired or used permanently or temporarily shown on the land plans and works plans within which the authorised development may be carried out;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198125;

• “relevant planning authority” has the same meaning as in section 173 (the relevant local planning authority) of the 2008 Act;

• “special road” means a highway which is a special road in accordance with section 16 (general provisions as to special roads) of the 1980 Act or by virtue of an order granting development consent;

• “the speed limits and traffic regulations plans” means the plans referred to in Schedule 10 (documents to be certified) and certified by the Secretary of State as the speed limits and traffic regulations plans for the purposes of this Order;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land), of the 2008 Act;

• “street” means a street within the meaning of section 4826 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways;

• “street authority” has the same meaning as in Part 327 of the 1991 Act;

• “streets, rights of way and access plans” means the plans referred to in Schedule 10 (documents to be certified) and certified as the streets, rights of way and access plans by the Secretary of State for the purposes of this Order;

• “traffic authority” has the same meaning as in section 121A28 (traffic authorities) of the 1984 Act;

• “TPO and hedgerow plans” means the document referred to in Schedule 10 (documents to be certified) and certified as the TPO and hedgerow plans by the Secretary of State for the purposes of this Order;

• “trunk road” means a highway which is a trunk road by virtue of—

  1. a

     section 1029 (general provisions as to trunk roads) or 19(1)30 (certain special roads and other highways to become trunk roads) of the 1980 Act;

  2. b

     an order made or direction given under section 10 of that Act;

  3. c

     an order granting development consent; or

  4. d

     any other enactment;

• “the undertaker” means National Highways Limited (Company No. 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

• “United Utilities Water Limited” means the Company registered in England and Wales, company number 02366678, whose registered office is at Haweswater House, Lingley Mere Business Park, Lingley Green Avenue, Great Sankey, Warrington WA5 3LP;

• “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 referred to in Schedule 10 (documents to be certified) and certified as the works plans by the Secretary of State for the purposes of this Order.

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.

All distances, directions, areas 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.

For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

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.

References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

Any enactment applying to land within or adjacent to the Order limits has effect subject to the provisions of this Order.

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, unless otherwise agreed in writing between the undertaker and the person responsible except where access to works connected with the drainage of land is restricted by the undertaker. During any period where access is restricted, the undertaker is responsible for the maintenance of any works connected with the drainage of land..

In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 199131.

Subject to paragraph (2) and article 9 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), includes references to the transferee or the lessee.

The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

Subject to article 11 (application of the 1991 Act), the provisions of section 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).

In Part 3 of the 1991 Act, references to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), to be construed as references to the undertaker.

The following provisions of Part 3 the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

• section 5634 (power to give directions as to timing of street works);

• section 56A35 (power to give directions as to placing of apparatus);

• section 5836 (restriction on works following substantial road works);

• section 58A37 (restriction on works following substantial street works);

• Schedule 3A38 (restriction on works following substantial street works).

The provisions of the 1991 Act referred to in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 14 (temporary alteration, diversion, prohibition and restriction of the use of streets), whether or not the alteration or diversion constitutes street works within the meaning of that Act.

The provisions of the 1991 Act39 referred to in paragraph (4) are—

• section 5440 (advance notice of certain works), subject to paragraph (6);

• section 5541 (notice of starting date of works), subject to paragraph (6);

• section 5742 (notice of emergency works);

• section 5943 (general duty of street authority to co-ordinate works);

• section 60 (general duty of undertakers to co-operate);

• section 68 (facilities to be afforded to street authority);

• section 69 (works likely to affect other apparatus in the street);

• section 75 (inspection fees);

• section 76 (liability for cost of temporary traffic regulation); and

• section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

Any highway (other than a trunk road or special road) to be constructed under this Order must be completed to the reasonable satisfaction of the local highway authority in whose area the highway lies and, unless otherwise agreed in writing with the local highway authority, the highway including any culverts or other structures laid under it must be maintained by and at the expense of the local highway authority from its completion.

Where a highway (other than a trunk road or a special road) is altered or diverted under this Order, the altered or diverted part of the highway must, when completed to the reasonable satisfaction of the local highway authority in whose area the highway lies and, unless otherwise agreed in writing with the highway authority, that part of the highway including any culverts or other structures laid under it must be maintained by and at the expense of the highway authority from its completion.

Where a street which is not and is not intended to be a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority and unless otherwise agreed in writing with the street authority, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street or other structure under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street or other structure to which the action relates was not dangerous to traffic.

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)45 (general provision as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Without limitation on the scope of paragraph (1), the undertaker may use any street where the use has been temporarily prohibited or restricted under the powers conferred by this article, and which is within the Order limits, as a temporary working site.

The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary alteration, diversion, prohibition or restriction of a street under this article if there would otherwise be no such access.

Save as to streets in respect of which the undertaker is the street authority, the undertaker must not temporarily alter, divert, prohibit or restrict the use of any street without the consent of the street authority, which may attach reasonable conditions to any consent but such consent must not be unreasonably withheld or delayed.

Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

Subject to the undertaker complying with paragraph (7), if a street authority which receives an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent.

When making an application for consent under paragraph (4), the undertaker must notify the street authority of the effect of paragraph (6).

Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in column (1) of Parts 1 and 2 of Schedule 4 (permanent stopping up and alteration of highways, streets and private means of access) to the extent specified and described in column (2) of that Schedule.

The undertaker may, in connection with the carrying out of the authorised development alter the private means of access specified in column (1) of Part 3 (alterations to private means of access) of Schedule 4 to the extent specified in column (2) of that Part.

Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

This article is subject to article 34 (apparatus and rights of statutory undertakers in stopped up streets).

On or after the date on which the roads described in Part 1 of Schedule 3 (classification of roads, etc.) and in Part 6 of Schedule 3 (clearway and other restrictions) are open to traffic, except as provided in paragraph (2), no person is to cause or permit any vehicle to wait on any part of those roads, other than a lay-by, except upon the direction of, or with the permission of, a uniformed constable or uniformed traffic officer.

No person is to cause or permit any vehicle to wait on any part of the roads described in paragraph (1) for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

Paragraphs (1), (2) and (3) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

In this article, “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the 2004 Act.

This article applies to roads in respect of which the undertaker is not the traffic authority.

The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months beginning with the date of the opening of the authorised development.

Before exercising the powers conferred by paragraph (2) the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person.

Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

Subject to the undertaker complying with paragraph (12), if the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent.

When making an application for consent under paragraph (2) the undertaker must notify the traffic authority of the effect of paragraph (11).

Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 199149.

The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

The undertaker must not, in carrying out or maintaining works under this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

Nothing in this article overrides the requirement for an environmental permit under regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 201650.

Subject to the undertaker complying with paragraph (10), if a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application that person will be deemed to have granted consent or given approval, as the case may be.

When making an application for consent under paragraph (3) or approval under paragraph (4)(a) the undertaker must notify the person receiving the application of the effect of paragraph (9).

Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building which may be affected by the authorised development as the undertaker considers necessary or expedient.

For the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage.

Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 45 (arbitration).

The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

Nothing in this article relieves the undertaker from any liability to pay compensation under section 15252 (compensation in case where no right to claim in nuisance) of the 2008 Act.

Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

When making an application for consent under paragraph (4)(a) or 4(b) the undertaker must notify the local highway authority or the street authority of the effect of paragraph (6).

The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or is incidental to it.

This article is subject to paragraph (2) of article 25 (compulsory acquisition of rights and restrictive covenants) and paragraph (9) of article 31 (temporary use of land for carrying out the authorised development).

The authority conferred by article 31 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker from remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Subject to paragraphs (2) to (4), the undertaker may acquire such rights over the Order land, or impose restrictive covenants affecting the Order land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 22 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence.

In the case of the Order land specified in column (1) of Schedule 5 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants, as may be required for the purpose specified in relation to that land in column (2) of that Schedule and relating to that part of the authorised development specified in column (3) of that Schedule.

The power to impose restrictive covenants under paragraph (1) is exercisable only in respect of the plots specified in column (1) of Schedule 5.

Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act, (as substituted by paragraph 5(8) of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants)), where the undertaker acquires a right over land or the benefit of a restrictive covenant under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.

Schedule 6 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

Subject to the provisions of this article, all private rights over land owned by the undertaker that are within the Order limits are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

Subject to the provisions of this article, all private rights over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 15255 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

This article does not apply in relation to any right to which section 13856 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 33 (statutory undertakers) applies.

References in this article to private rights over land include any trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Part 1 of the 1965 Act, as applied to this Order by section 12557 (application of compulsory acquisition provisions) of the 2008 Act is modified as follows.

In section 4A(1)58 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 24 (time limit for exercise of authority to acquire land compulsorily) of the A57 Link Roads Development Consent Order 2022”.

In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 24 (time limit for exercise of authority to acquire land compulsorily) of the A57 Link Roads Development Consent Order 2022”.

The 1981 Act applies as if this Order were a compulsory purchase order.

The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

In section 1 (application of Act) for subsection (2) substitute—

In section 561 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

Omit section 5A62 (time limit for general vesting declaration).

In section 5B(1)63 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008 the five year period mentioned in article 24 (time limit for exercise of authority to acquire land compulsorily) of the A57 Link Roads Development Consent Order 2022”.

In section 664 (notices after execution of declaration) in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

In section 765 (constructive notice to treat) in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

In Schedule A166 (counter-notice requiring purchase of land not in general vesting declaration) omit paragraph 1(2).

References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 27 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 22 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over the land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

The undertaker may enter on and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

Compensation is not payable under paragraph (4) to any person who is a statutory undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph (1)(a)(ii).

The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

Any dispute as to the removal of temporary works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

Nothing in this article affects any liability to pay compensation under section 15270 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i).

Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

Section 1371 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

The provisions of the Neighbourhood Planning Act 201772 do not apply insofar as they relate to temporary possession of land under this article in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development.

Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken.

The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the condition it was in on the date on which possession of the land was first taken by the undertaker or such other condition as may be agreed with the owners of the land.

The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

The provisions of the Neighbourhood Planning Act 2017 do not apply insofar as they relate to the temporary possession of land under this article in relation to the maintenance of any part of the authorised development within the maintenance period.

In this article “the maintenance period”, in relation to any part of the authorised development means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

Where a street is stopped up under article 15 (permanent stopping up and restriction of use of highways, streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

In this article—

• “apparatus” has the same meaning as in Part 3 of the 1991 Act;

• “relocation works” means work executed, or apparatus provided, under paragraph (2); and

• “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation of Chapter 1) of the Communications Act 200373.

Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 34 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

This article does not have effect in relation to apparatus to which article 35 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

In this article—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003; and

• “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove (or partially remove, as the case may be) any hedgerow described in Part 1 (hedgerows) of Schedule 8 (hedgerows and trees).

The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow which is not described in Part 1 of Schedule 8 (hedgerows and trees) with the prior consent of the relevant planning authority.

In carrying out any activity authorised by paragraph (4), the undertaker must pay compensation to any person for any loss or damage arising from such activity.

Any dispute as to a person’s entitlement to compensation under paragraph (2) (or (5), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 199774 and includes important hedgerows for the purposes of those regulations.

No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 10 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

Where any plan or document set out in Schedule 10 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

This article does not exclude the employment of any method of service not expressly provided for by it.

In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.