- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The A57 Link Roads Development Consent Order 2022.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Article 2
Commencement Information
I1Sch. 1 in force at 7.12.2022, see art. 1
In the administrative area of Tameside Metropolitan Borough Council and High Peak Borough Council
A nationally significant infrastructure project as defined in sections 14 and 22(1) of the 2008 Act, and associated development as defined in section 115(2)(2) of the 2008 Act, comprising:
Work No. 1 - Shown on sheet 1 of the works plans is the construction of a new eastbound lane 350 metres in length on the M67 approaching the roundabout at Junction 4. To include upgraded lighting, new signs and new traffic signals plus signal controlled cyclist/pedestrian crossings.
Work No. 2 - Shown on sheet 1 of the works plans is the widening of the entry, for a length of 370 metres, from the Junction 4 roundabout on to the M67 westbound. Works will include the addition of low noise surfacing, controlled pedestrian/cyclist crossing and upgraded lighting.
Work No. 3 - Shown on sheet 1 of the works plans is the works to improve the M67 Junction 4 (Hattersley) roundabout including:
(i)widening of the circulatory carriageway, upgrading lighting and installation of traffic signals and signal controlled cyclist/pedestrian crossings;
(ii)realignment of spur to Edge Lane for a length of 42 metres and upgraded pedestrian/cyclist crossing facility;
(iii)upgrade to Stockport Road for a length of 145 metres, installation of new signs, upgraded lighting, resurfacing and addition of traffic signals including signal controlled pedestrian/cyclist crossings at junction;
(iv)upgrade to Mottram Road for a length of 160 metres, installation of new signs, upgraded lighting, resurfacing and addition of traffic signals including signal controlled pedestrian/cyclist crossings at junction;
(v)new westbound throughabout at M67 Junction 4 roundabout, which consists of a new, two lane carriageway through the centre of the existing roundabout, of length 100 metres, including new lighting, signs and traffic signals; and
(vi)upgraded entry to M67 Westbound from M67 Junction 4 roundabout, comprising new traffic signals, signal controlled pedestrian/cyclist crossing, upgraded lighting and resurfacing.
Work No. 4 - Shown on sheet 1 of the works plans is the works to improve the non-motorised user provision at the roundabout including:
(i)existing footway upgraded to a combined footway/cycleway on the northern side of M67 Junction 4 roundabout;
(ii)creation of new signal controlled pedestrian/cycle crossings across the M67 and roundabout circulatory carriageway on the west side of M67 Junction 4 roundabout;
(iii)creation of signal controlled pedestrian/cycle crossings across Mottram Road at M67 Junction 4 roundabout including crossing of roundabout circulatory carriageway;
(iv)creation of pedestrian/cyclist routes through centre of M67 Junction 4 Roundabout;
(v)creation of signal controlled pedestrian/cycle crossings across Hyde Road at M67 Junction 4 roundabout including crossing of roundabout circulatory carriageway;
(vi)creation of signal controlled pedestrian/cycle crossings across Stockport Road at M67 Junction 4 roundabout;
(vii)existing footway upgraded to a combined footway/cycleway for 80 metres between Mottram Road and the M67 at M67 Junction 4 roundabout;
(viii)creation of an equestrian route through the centre of M67 Junction 4 roundabout including crossing of the circulatory carriageway; and
(ix)existing footway/cycleway upgraded to a combined footway/cycleway with equestrian use for 140 metres to the north of the A57 Hyde Road.
Work No. 5 - Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of a new section of the eastbound A57 dual carriageway, known as Mottram Moor Link Road, 1,640m in length, including earthworks, new drainage, signs, lighting and traffic signals at each end.
Work No. 6 - Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of a new section of the westbound A57 dual carriageway, known as Mottram Moor Link Road, 1,720m in length, including earthworks, new drainage, signs, lighting and traffic signals at each end.
Work No. 7 - Shown on sheets 1 and 2 of the works plans is the creation of new public rights of way, north and south of the proposed new dual carriageway including:
(i)a proposed combined footway/cycleway with equestrian use (230 metres in length) including access to culverts, and new private access to overhead electric line/pylon, plus connections to existing footpaths and field accesses;
(ii)a proposed combined footway/cycleway with equestrian use (935 metres in length) including access to culverts, Pond 1, plus connections to existing footpaths and field accesses;
(iii)a footpath connection north of proposed combined footway/cycleway with equestrian use (20 metres in length);
(iv)a footpath connection north of proposed combined footway/cycleway with equestrian use (10 metres in length); and
(v)a footpath connection and field access south of proposed combined footway/cycleway with equestrian use (20 metres in length).
Work No. 8 - Shown on sheet 1 of the works plans is the construction of a private access track to support the maintenance of Pond 1 70 metres in length.
Work No. 9 - Shown on sheet 2 of the works plans is the creation of a means of access and egress points serving land situated south of Edge Lane including:
(i)a proposed footpath connection 125 metres in length linking the proposed combined footway/cycleway with equestrian use with the existing public footpath LON 52/10 and providing field access to Old Mill Farm to the north of the proposed combined footway/cycleway with equestrian use; and
(ii)a proposed field access north of the proposed footpath 50 metres in length, providing access to Old Mill Farm.
Work No. 10 - Shown on sheet 3 of the works plans is the realignment of Old Hall Lane for a length of 110 metres.
Work No. 11 - Shown on sheets 3 and 4 of the works plans is the creation of means of access and egress to the south of the land currently known as the Showground, including:
(i)creation of a combined footway/cycleway with equestrian use of 720 metres in length, providing access to land south of the Showground and a connection between Old Hall Lane and the west side of Mottram Moor Junction;
(ii)creation of a field access 10 metres in length;
(iii)creation of a signal controlled equestrian crossing; and
(iv)creation of an equestrian holding pen and combined footway/cycleway with equestrian use diversion, on the approach to the equestrian crossing 35 metres in length.
Work No. 12 - Shown on sheet 4 of the works plans and is the construction of the following works at Mottram Moor Junction and including traffic signals, signs and lighting:
(i)A57 northbound approach 165 metres in length to Mottram Moor Junction;
(ii)A57 southbound exit from Mottram Moor Junction 20 metres in length;
(iii)westbound approach from Back Moor Junction to Mottram Moor Junction 165 metres in length;
(iv)eastbound exit from Mottram Moor Junction towards Tintwistle 140 metres in length;
(v)eastbound approach from Tintwistle to Mottram Moor Junction 140 metres in length;
(vi)westbound exit from Mottram Moor Junction 175 metres in length towards Back Moor;
(vii)southbound approach to Mottram Moor Junction from A57 Link Road 150 metres in length; and
(viii)southbound exit from Mottram Moor Junction to A57 Link Road 145 metres in length.
Work No. 13 - Shown on sheet 4 of the works plans is the creation of new non-motorised user provision associated with Mottram Moor Junction, including the creation of a:
(i)footway on the westbound carriageway opposite Back Moor Junction, 100 metres in length;
(ii)combined footway/cycleway on the westbound approach to Mottram Moor Junction, 100 metres in length;
(iii)signal controlled pedestrian/cycle crossing across the northern arm of Mottram Moor Junction, 55 metres in length;
(iv)signal controlled pedestrian/cycle crossing across the eastern arm of Mottram Moor Junction, 40 metres in length;
(v)signal controlled pedestrian/cycle crossing across the southern arm of Mottram Moor Junction, 50 metres in length;
(vi)signal controlled pedestrian/cycle crossing across the western arm of Mottram Moor Junction, 35 metres in length;
(vii)combined footway/cycleway including signal controlled pedestrian/cycle crossing on the eastern arm of Mottram Moor Junction, 123 metres in length;
(viii)segregated cycle track on the eastern arm of Mottram Moor Junction 97 metres in length;
(ix)combined footway/cycleway including signal controlled pedestrian/cycle crossing on the eastbound approach from the eastern arm of Mottram Moor Junction, 140 metres in length; and
(x)footway between the existing footway on the north side of the Mottram Moor and the westbound approach to Mottram Moor Junction, 20 metres in length.
Work No. 14 - Shown on sheets 4, 5, 6 and 8 of the works plans is the creation of a new combined footway/cycleway with equestrian use along the south side of the A57 Link Road, 985 metres in length.
Work No. 15 - Shown on sheets 4 and 8 of the works plans, the realignment of the (A6018) Back Moor 125 metres in length to link with Mottram Moor Junction, including new lighting and traffic signs.
Work No. 16 - Shown on sheet 8 of the works plans is the realignment of Hyde Road (A57) including construction of new lighting and signs on its approach to Back Moor Junction, for 50 metres in length.
Work No. 17 - Shown on sheet 4 of the works plans is the retention of the existing carriageway, reduced to two single lanes, ending in a turning head. This short section of road to the west of Mottram Moor Junction will be 95 metres in length between the junction with the realigned (A6018) Back Moor and the turning head.
Work No. 18 - Shown on sheet 4 of the works plans is the retention of the existing carriageway, reduced to two single lanes, ending in a turning head. This short section of road to the east of Mottram Moor Junction will be 90 metres in length between the junction with the realigned Mottram Moor and the turning head.
Work No. 19 - Shown on sheet 4 of the works plans is the alignment and surface improvement of Mottram Moor Junction and the existing A57 (T) Mottram Moor, for 90 metres in length and including new lighting and signs.
Work No. 20 - Shown on sheet 4 of the works plans is the creation of a private access track, 75 metres in length to accommodate the maintenance of Pond 2.
Work No. 21 - Shown on sheets 4 and 8 of the works plans is the creation of a public footpath 82 metres in length, located between the new Mottram Moor Junction and the existing public footpath LON 87/10 to the west of Mottram Moor Junction.
Work No. 22 - Shown on sheets 4, 5 and 6 of the works plans is the A57 Link Road (being a new section of single carriageway 1,090m in length between the proposed Mottram Moor Junction and Woolley Bridge Junction), including earthworks, new drainage, signs, lighting and traffic signals at each end.
Work No. 23 - Shown on sheets 5 and 9 of the works plans is the realignment of Carrhouse Lane 310 metres in length; together with a new access track and public footpath, including associated earthworks and drainage.
Work No. 24 - Shown on sheet 5 of the works plans is the creation of a private, field access track, 76 metres in length from Carrhouse Lane to a field east of Carrhouse Lane.
Work No. 25 - Shown on sheet 6 of the works plans is the:
(i)diversion of public footpath LON 90/10 for 200 metres in length between work number 25 (ii) and an access on the south side of the A57 Link Road facilitating a private access track to Pond 3 and access to an existing maintenance track;
(ii)creation of an access track to Pond 3, located between work number 25 (i) and Pond 3, 10 metres in length;
(iii)diversion of public footpath LON 90/10 and creation of a new access track to Tara Brook Farm for 210 metres in length between work number 25 (i) and Tara Brook Farm; and
(iv)creation of private access to Hope Farm for 10 metres in length.
Work No. 26 - Shown on sheet 6 of the works plans is the creation of a combined footway/cycleway with equestrian use of 520 metres in length along south side of A57 Link Road, between the access off the south side of the proposed A57 Link Road and Woolley Bridge Junction.
Work No. 27 - Shown on sheet 6 of the works plans is the construction of an at grade signal controlled T-Junction between the new A57 Link Road and Woolley Bridge including new traffic signals, signs, drainage, lighting and associated earthworks, and the construction of a new:
(i)eastbound approach to Woolley Bridge Junction from A57 Link Road, 95 metres in length;
(ii)westbound exit from Woolley Bridge Junction to A57 Link Road, 95 metres in length;
(iii)westbound approach to Woolley Bridge Junction, a short length of road to facilitate a proposed housing development, 15 metres in length;
(iv)southbound approach to Woolley Bridge Junction from Woolley Bridge, 65 metres in length;
(v)northbound exit from Woolley Bridge Junction to Woolley Bridge, 70 metres in length;
(vi)southbound exit from Woolley Bridge Junction to Woolley Bridge 100 metres in length; and
(vii)northbound approach to Woolley Bridge Junction from Woolley Bridge 100 metres in length.
Work No. 28 - Shown on sheet 6 of the works plans road widening and resurfacing between Woolley Bridge Junction and A57 Brookfield, 55 metres in length.
Work No. 29 - Shown on sheet 6 of the works plans being the creation of:
(i)signal controlled pedestrian/cycle crossing across the eastern arm of Woolley Bridge Junction, 10 metres in length; and
(ii)signal controlled pedestrian/cycle crossing across the southern arm of Woolley Bridge Junction, 30 metres in length.
Work No. 30 - Shown on sheet 6 of the works plans is the creation of:
(i)a new private access to the field on the east of River Etherow, 15 metres in length; and
(ii)creation of a highway layby, 15 metres in length, to the south west of Woolley Bridge Junction.
Work No. 31 – Shown on sheet 2 of the works plans is the construction of the proposed Old Mill Farm underpass, 35 metres in length to carry work number 7 (ii) and farm access tracks facilitating various farm access points (work numbers 7 (iii), 7 (iv), 7(v), 9 (i) and 9 (ii)).
Work No. 32 – Shown on sheet 2 of the works plans is the construction of the proposed Roe Cross Road Bridge and retaining walls to Mottram Underpass, carrying Roe Cross Road over works number 5 and 6 on the existing alignment for 60 metres in length, and space for traffic diversions during construction.
Work No. 33 – shown on sheet 3 of the works plans is the construction of the proposed Mottram Underpass of 130 metres in length, carrying both Old Road and Old Hall Lane above work numbers 5 and 6, including reinstatement and landscaping on land above and between the roads, and space for traffic diversions during construction.
Work No. 34 - Shown on sheet 5 of the works plans is the construction of the proposed Carrhouse Lane underpass at Carrhouse Lane, 30 metres in length to accommodate work number 23, below the proposed A57 Link Road.
Work No. 35 - Shown on sheet 6 of the works plans is the construction of the proposed River Etherow bridge over the River Etherow, 45 metres in length, including all associated bridge foundations, carriageway, parapets and other associated structures.
Work No. 36 – Shown on sheets 1, 2, 4, 5 and 6 of the works plans and comprising the following works to the culverted watercourses:
(i)creation of a culvert to carry an unnamed ordinary watercourse below work numbers 5 and 6 for a length of 85 metres (Sheet 1);
(ii)creation of a culvert to carry an unnamed ordinary watercourse below work numbers 5 and 6 for a length of 80 metres (Sheet 1);
(iii)creation of a culvert to carry drainage outfall below work number 7 (ii) for a length of 20 metres (sheet 1);
(iv)creation of a culvert to carry an unnamed ordinary watercourse below an existing public right of way LON/50/10 for a length of 15 metres (sheet 1);
(v)creation of a culvert to carry an unnamed ordinary watercourse below an existing public right of way LON/51/20 for a length of 15 metres (sheet 2);
(vi)creation of a culvert to carry a drainage ditch below farmland for a length of 35 metres (sheet 2);
(vii)creation of a culvert to carry Hurtsclough Brook below works 5 and 6 for a length of 55 metres (sheet 2);
(viii)creation of a culvert to support a drainage ditch below farmland for a length of 50 metres (sheet 2);
(ix)creation of a culvert to carry unnamed watercourse below work numbers 5 and 6 for a length of 119 metres (sheet 4);
(x)creation of a culvert to carry Tara Brook below work number 21, for a length of 35 metres (sheet 4);
(xi)creation of a culvert to carry Tara Brook below work number 22, for a length of 73 metres (sheet 4);
(xii)creation of a culvert to carry a drainage ditch below work number 56 for a length of 15 metres (sheets 5 and 6); and
(xiii)creation of a culvert to carry drainage ditch below work number 25 (iii) for a length of 15 metres (sheet 6).
Work No. 37 - Shown on sheet 1 of the works plans is the construction of a drainage attenuation pond (Pond 1) 3430 square metres in size, with sediment forebay for attenuation, prior to outfall, including associated earthworks and drainage connections.
Work No. 38 - Shown on sheet 4 of the works plans is the construction of a drainage attenuation pond (Pond 2) 6440 square metres in size with sediment forebay for attenuation, prior to outfall, including associated earthworks and drainage connections.
Work No. 39 – Shown on sheet 6 of the works plans is the construction of a drainage attenuation pond (Pond 3) 3305 square metres in size for attenuation, prior to outfall, including associated earthworks and drainage connections.
Work No. 40 – Shown on sheets 1 and 2 of the works plans is the construction of new drainage ditches to the north of the A57 link between M67 and Roe Cross Road.
Work No. 41 – Shown on sheets 1 and 2 of the works plan is the construction of new watercourses to north of work number 5 between M67 and Roe Cross Road.
Work No. 42 - Shown on sheets 1 and 2 of the works plans is the construction of a highway drainage ditch to south of work number 6, for 265 metres.
Work No. 43 – Shown on sheet 2 of the works plans is the diversion of Hurstclough Brook along a length of 220 metres, south of work number 6.
Work No. 44 - Shown on sheets 3 and 4 of the works plans are new watercourses to manage local drainage; a proposed watercourse to the east of Old Hall Lane and on the north side of the proposed cutting to the east of the proposed underpass.
Work No. 45 – Shown on sheets 4 and 8 of the works plans is the diversion of Tara Brook either side of work number 22 linked though the culvert constructed pursuant to work number 36(xi).
Work No. 46 - Shown on sheets 4, 5, 6 and 9 of the works plans is the construction of various drainage ditches relating to A57 Link Road (work number 22).
Work No. 47 - Shown on sheets 1 and 2 of the works plans is the construction of:
(i)an earthwork screening bund along the north side of work number 5, 145 metres in length as shown on sheet 1 of the works plans;
(ii)an earthwork screening bund along the north side of work number 5, 180 metres in length (sheet 2); and
(iii)an earthwork screening bund along the south side of work number 6, 165 metres in length (sheet 2).
Work No. 48 – Shown on sheets 4, 5 and 6 of the works plans is the construction of:
(i)an earthwork screening bund to the south west of work number 14, 135 metres in length as shown on sheet 4 of the works plans;
(ii)an earthwork screening bund to the south west of work number 22, 280 metres in length as shown on sheet 4 of the works plans;
(iii)an earthwork screening bund to the south of work number 22, 55 metres in length as shown on sheet 5 of the works plans;
(iv)an earthwork screening bund to the south of work number 22, 260 metres in length, as shown on sheets 5 and 6 of the works plans; and
(v)an earthwork screening bund to the north side of work number 22, west of Carrhouse Lane, 330 metres in length, as shown on sheets 4 and 5 of the works plans.
Work No. 49 – shown on sheets 2 and 8 of the works plans, indicates specific environmental mitigation works:
(i)new ecological mitigation area on land situated to the north of work number 5 (sheet 2); and
(ii)new ecological mitigation works on land situated to the south of work number 14 (sheet 8).
Work No. 50 - shown on sheets 2, 3, 4, 5, 6 and 8 of the works plans to indicate the location of bat boxes installed on existing trees.
Work No. 51 - Shown on sheets 1, 7 and 8 of the works plans is the detrunking of the existing A57 (T) between the M67 Junction 4 and Mottram Moor Junction for a length of 1587 metres, including associated traffic calming measures and signage.
Work No. 52 - Shown on sheets 4 and 9 of the works plans is the improvement of the existing A57 (T) for a length of 360 metres from Mottram Moor Junction to Gun Inn Junction, including improvements to pedestrian and cycle facilities.
Work No. 53 - Shown on sheet 9 of the works plans:
(i)the installation of new traffic signals, signs and pedestrian facilities at the existing Gun Inn Junction western arm (20 metres in length);
(ii)the installation of new traffic signals, signs and pedestrian facilities at the existing Gun Inn Junction northern arm (20 metres in length);
(iii)the installation of new traffic signals, signs and pedestrian facilities at the existing Gun Inn Junction eastern arm (30 metres in length); and
(iv)the installation of new traffic signals, signs and pedestrian facilities at the existing Gun Inn Junction southern arm (25 metres in length).
Work No. 54 - Shown on sheets 6, 9 and 10 of the works plans, improvements to Woolley Lane for 810 metres to include improved facilities for non-motorised users, signage and traffic calming measures.
Work No. 55 - Shown on sheet 6 of the works plans, the construction of the River Etherow flood compensation area, with an area of 5595 square metres.
Work No. 56 - Shown on sheets 5 and 6 of the works plans, the creation of a new access track to Carrhouse Lane Farm of 380 metres in length.
Work No. 57 - Shown on sheet 3 of the works plans, a new ecological mitigation area, including an ecological mitigation (bat) structure.
Work No. 58 – Shown on sheets 3 and 4 of the works plans diversion of United Utilities Water Limited water sewerage pipes for 735 metres.
Work No. 59 - Shown on sheet 4 of the works plans, the diversion of United Utilities Water Limited water main for 420 metres.
Work No. 60 - Shown on sheets 1 and 2 of the works:
(i)diversion of United Utilities Water Limited water distribution main for 135 metres;
(ii)diversion of United Utilities Water Limited water distribution main for 205 metres; and
(iii)diversion of United Utilities Water Limited water distribution main for 215 metres.
Work No. 61 - Shown on sheets 3 and 4 of the works plans, diversion of existing 33kv, 415V and 11kV Electricity North West Limited buried power cables, for 465 metres, to the east of work number 5, crossing the eastern and southern arms of Mottram Moor Junction.
Work No. 62 – Shown on sheet 4 of the works plans, diversion of a various utilities for 400 metres north and south of Mottram Moor Junction, including:
(i)the diversion of existing Electricity North West Limited buried power cables;
(ii)the diversion or protection works to existing British Telecommunications PLC buried communications cables;
(iii)diversion of existing Cadent Gas Limited gas main pipes; and
(iv)diversion of United Utilities Water Limited clean water mains and protection of existing sewerage pipes.
Work No. 63 – Shown on sheet 5 of the works plans, diversion of an existing Cadent Gas Limited gas main pipe, for 70 metres.
Work No. 64 - Shown on sheets 5 and 6 of the works plans, diversion of existing Electricity North West Limited buried power cables, for 100 metres.
Work No. 65 - Shown on sheet 6 of the works plans, diversion of existing United Utilities Water Limited water main, for 210 metres.
Work No. 66 – Shown on sheets 2, 3, 4, 5, 6 of the works plans:
(i)a noise barrier to the north side of work number 5, 180 metres in length as shown on sheet 2 of the works plans;
(ii)a noise barrier to the south side of work number 6, 307 metres in length as shown on sheet 2 of the works plans;
(iii)a noise barrier curving from the north west to the east on the south side of work number 6, 133 metres in length as shown on sheet 3 of the works plans;
(iv)a noise barrier to the north side of work number 5, 173 metres in length as shown on sheet 3 of the works plans;
(v)a noise barrier to the south side of work number 6, 125 metres in length as shown on sheet 4 of the works plans;
(vi)a noise barrier to the north side of work number 12 (i), 128 metres in length as shown on sheet 4 of the works plans;
(vii)a noise barrier to the south side of work number 14, 333 metres in length as shown on sheet 5 of the works plans; and
(viii)a noise barrier to the north side of work number 22, 330 metres in length as shown on sheets 5 and 6 of the works plans.
Work No. 67 - Shown on sheets 4 and 8 of the works plans, creation of a combined footway/cycleway 150 metres in length on the eastbound approach to Mottram Moor Junction.
Work No. 68 - Shown on sheet 8 of the works plans, diversion of a footway 50 metres in length on the south side of Mottram Moor.
Work No. 69 - Shown on sheet 8 of the works plans, diversion of a footway 60 metres in length between Mottram Moor and Back Moor.
In connection with the construction of any of those works, further development within the Order limits provided that it does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement, consisting of—
(a)alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track, cycleway or verge within the street; altering the level or increasing the width of any such kerb, footpath, footway, cycle track, cycleway or verge; and reducing the width of the carriageway of the street;
(b)works required for the strengthening, improvement, maintenance, or reconstruction of any street;
(c)works for the strengthening, alteration or demolition of any building;
(d)ramps, means of access, non-motorised links, footpaths, footways, bridleways, cycle tracks, cycleways and crossing facilities;
(e)embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, outfalls, ditches, pollution control devices, wing walls, highway lighting, fencing and culverts;
(f)street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;
(g)works to place, alter, divert, relocate, remove or maintain the position of apparatus, services, plant and other equipment in a street, or in other land, including mains, sewers, drains, pipes, lights and cables;
(h)works to alter the course of, or otherwise interfere with a watercourse;
(i)landscaping, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;
(j)works for the benefit or protection of land affected by the authorised development;
(k)works to place, alter, remove or maintain road furniture;
(l)site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soils stripping and storage, site levelling);
(m)the felling of trees and hedgerows;
(n)establishment of site construction compounds, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction lighting, haulage roads and other machinery, apparatus, works and conveniences;
(o)the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development; and
(p)such other works, working sites storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development.
Article 3
1. In this Schedule—E+W+S
“contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990(3);
“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(4);
“the Design Council’s Design Review panel” means the group of independent professionals assembled by the Design Council (registered charity number 272099) to undertake reviews of the design of infrastructure projects in accordance with guidance published by the Design Council from time to time;
“the first iteration EMP” means the document of that description referred to in Schedule 10 (documents to be certified) being the first iteration environmental management plan submitted with the application for this Order and certified as the first iteration environmental management plan by the Secretary of State for the purposes of this Order;
“flood risk assessment” means the document of that description set out in Schedule 10 certified by the Secretary of State as the flood risk assessment for the purposes of this Order;
“the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;
“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981(5);
“the Outline Landscape and Ecological Management and Monitoring Plan” means the document of that description referred to in Schedule 10 and certified by the Secretary of State as the Outline Landscape and Ecological Management and Monitoring Plan for the purposes of this Order;
“PAS 2080” means PAS 2080: 2016 Carbon management in infrastructure, a specification published by the British Standards Institution;
“preliminary works” means 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, diversion and laying of underground apparatus and site clearance, the temporary display of site notices or information and the receipt of construction plant and equipment, and the erection of construction plant and equipment for the preliminary works;
“REAC” means the register of environmental actions and commitments contained in the first iteration EMP;
“the second iteration EMP” means the second revision of the first iteration EMP which is refined during the construction stage for the consented project, in advance of construction;
“the third iteration EMP” means the third revision of the first iteration EMP, which builds upon the second iteration EMP refined at the end of the construction stage to support future management and operation.
Commencement Information
I2Sch. 2 para. 1 in force at 7.12.2022, see art. 1
2. The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.E+W+S
Commencement Information
I3Sch. 2 para. 2 in force at 7.12.2022, see art. 1
3.—(1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the works plans and the engineering drawings and sections, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority on matters related to their functions and provided that the Secretary of State is satisfied that any amendments to the works plans and the engineering drawings and sections showing departures from the preliminary scheme design would not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement.E+W+S
(2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.
(3) No part of the authorised development is to commence until options for the detailed design of that part of the authorised development have been submitted to the Design Council’s Design Review panel and the undertaker has received and considered the advice of the Design Council’s Design Review panel in respect of the detailed design of that part of the authorised development.
(4) The undertaker must, in the course of developing the detailed design of the authorised development consult with the relevant planning authority, local highway authority and other parties identified in the Community Engagement Plan.
(5) No part of the authorised development is to commence until details of the external appearance of the Mottram Underpass and Roe Cross Road Bridge to be constructed pursuant to Work Nos. 32 and 33, the River Etherow Bridge to be constructed pursuant to Work No. 35, and the noise barriers to be constructed pursuant to Work No. 66 have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and local highway authority on matters related to their functions.
(6) The authorised development must be carried out in accordance with the approved details referred to in sub-paragraph (5).
Commencement Information
I4Sch. 2 para. 3 in force at 7.12.2022, see art. 1
4.—(1) No part of the authorised development is to commence until a second iteration EMP, substantially in accordance with the first iteration EMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the local highway authority and the Environment Agency on matters related to their functions.E+W+S
(2) The second iteration EMP must be written in accordance with ISO 14001 and must—
(a)be in accordance with the mitigation measures set out in the REAC;
(b)contain a record of all sensitive environmental features that have the potential to be affected by the construction of the proposed development;
(c)require adherence to working hours of 07:30–18:00 on Mondays to Fridays and 07:30–16:00 on Saturdays except for—
(i)movements to work, maintenance and general preparation works but not including running plant and machinery for a period of one hour either side of the above times;
(ii)night-time closures including for road crossings and final surfacing tie ins provided that the activity does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement;
(iii)any oversize deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation;
(iv)junction tie-in works;
(v)repair or maintenance of construction equipment;
(vi)removal of overhead power lines provided that the activity does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement;
(vii)overnight traffic management measures;
(viii)cases of emergency; and
(ix)as otherwise agreed by the relevant planning authority in advance provided that any other work carried out outside the specified working hours or any extension to the working hours will only be permitted if there has been prior written agreement of the relevant environmental health officer of the relevant planning authority and provided that the activity does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement; and
(x)provided that written notification of the extent, timing and duration of each activity is given to the relevant local authority in advance of any works that are to be undertaken outside of the specified hours, except in cases of emergency or for the repair or maintenance of construction equipment, which are to be notified to the relevant local authority as soon as is practicable;
(d)include the Design Approach Document which must be in accordance with the version of that document forming part of the first iteration EMP and must include the following management plans which must be in accordance with the first iteration EMP, the REAC and the Outline Landscape and Ecological Management and Monitoring Plan—
(i)Soil Resource Plan;
(ii)Noise and Vibration Management Plan;
(iii)Pollution Prevention Plan;
(iv)Emergency Spillage Response Plan;
(v)Emergency Flood Response Plan;
(vi)Dewatering Management Plan;
(vii)Construction Water Management Plan;
(viii)Site Waste Management Plan;
(ix)Materials Management Plan;
(x)Asbestos Management Plan;
(xi)Arboricultural Method Statement;
(xii)Community Engagement Plan;
(xiii)Nuisance Management Plan;
(xiv)Ecological Management Plan;
(xv)Traffic Management Plan;
(xvi)Biosecurity Management Plan;
(xvii)Invasive Non Native Management Plan;
(xviii)Landscape and Ecological Management and Monitoring Plan;
(xix)Archaeological Fieldwork Strategy; and
(xx)Carbon Management Plan;
(e)contain a record of all applications made pursuant to section 61 of the Control of Pollution Act 1974 to demonstrate that where the undertaker is acting further to section 61 of that Act in relation to the construction of the authorised development the undertaker has included particulars in the application to demonstrate that the works that are the subject of the application, including the method by which they are to be carried out and the steps proposed to be taken to minimise noise resulting from the works, would not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environment statement;
(f)contain a record of the consents, commitments and permissions resulting from liaison with statutory bodies;
(g)incorporate the measures for the construction stage identified in the environmental statement;
(h)be kept up to date with any material changes during construction and include a mechanism for consultation on such material changes with the relevant planning authority, the local highway authority and the Environment Agency on matters related to their functions; and
(i)include details of the process for the preparation of the third iteration EMP, which must include for the third iteration EMP to be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the local highway authority and the Environment Agency on matters related to their functions.
(3) The construction of the authorised development must be carried out in accordance with the approved second iteration EMP.
(4) A third iteration EMP must be developed and completed by the end of the construction, commissioning and handover stage of the authorised development, in accordance with the process set out in the approved second iteration EMP.
(5) The third iteration EMP must substantially accord with the measures for the management and operation of the authorised development included in the first iteration EMP and address the matters set out in the environmental statement and the approved second iteration EMP that are relevant to the operation and maintenance of the authorised development, and must contain—
(a)the environmental information needed for the future maintenance and operation of the authorised development;
(b)the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and
(c)a record of the consents, commitments and permissions resulting from liaison with statutory bodies.
(6) The third iteration EMP must require—
(a)monitoring of air quality in the Tintwistle and Dinting Value Air Quality Management Areas;
(b)the implementation of mitigation measures if a breach of any national air quality objectives is reasonably attributable to the operation of the authorised development in those areas; and
(c)in the event that mitigations measures are put in place, such measures are to be approved in writing by the Secretary of State following consultation with the relevant local planning authority.
(7) The authorised development must be operated and maintained in accordance with the approved third iteration EMP.
Commencement Information
I5Sch. 2 para. 4 in force at 7.12.2022, see art. 1
5.—(1) No part of the authorised development is to commence unless a written landscaping scheme which sets out details of all proposed hard and soft landscaping works for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its functions.E+W+S
(2) The authorised development must be landscaped in accordance with the landscaping scheme approved under sub-paragraph (1).
(3) The landscaping scheme prepared under sub-paragraph (1) must reflect the mitigation measures set out in the REAC and must be based on the illustrative environmental masterplan annexed to the environmental statement.
(4) The landscaping scheme prepared under sub-paragraph (1) must include details of—
(a)location, number, species mix, size and planting density of any proposed planting;
(b)cultivation, importing of materials and other operations to ensure plant establishment;
(c)existing trees to be retained, with measures for their protection during the construction period;
(d)proposed finished ground levels; and
(e)implementation timetables for all landscaping works.
(5) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised standards and codes of good practice, as specified in the Landscape and Ecological Management and Monitoring Plan for the authorised development.
(6) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the Secretary of State, following consultation with the relevant planning authority on matters related to its function, gives consent to a variation.
Commencement Information
I6Sch. 2 para. 5 in force at 7.12.2022, see art. 1
6.—(1) No part of the authorised development is to commence until for that part a remediation strategy or design statement, if remediation is not required, to deal with the risks associated with contamination of the site in respect of the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency on matters related to their functions.E+W+S
(2) The remediation strategy or design statement, if remediation is not required, prepared under sub-paragraph (1) must include details of—
(a)a site investigation, based on the preliminary risk assessment bearing reference HE551473-ARC-TPU-RP-CE-3199 reported in chapter 9 (geology and soils) of the environmental statement, to provide information for a relevant risk assessment of the risk to the identified receptors that may be affected, including those outside the Order limits;
(b)the results of the site investigation and the relevant risk assessment referred to in sub-paragraph (a) and, based on these, an options appraisal and remediation strategy, where necessary, giving full details of the remediation measures required to render the land fit for its intended purpose and how they are to be undertaken; and
(c)a verification plan, where necessary, providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy under sub-paragraph (b) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
(3) In the event that soil or water contamination, including groundwater, is found at any time when carrying out the authorised development, which was not previously identified and accounted for within the approved remediation strategy, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must update the remediation strategy in consultation with the relevant planning authority and the Environment Agency on matters related to their functions.
(4) Remediation, where necessary, must be carried out in accordance with the approved remediation strategy unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the Environment Agency on matters related to their functions.
(5) Where remediation is necessary, no part of the authorised development is to be brought into use until for that part a verification report demonstrating the completion of the works set out in the approved remediation strategy and the effectiveness of the remediation has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency on matters related to their functions. The verification report must include results of sampling and monitoring carried out in accordance with the approved details.
(6) The authorised development is not to commence until an updated hydrogeological risk assessment report that addresses the risks to the groundwater resources that may be impacted by the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency on matters related to their functions.
(7) The report prepared under sub-paragraph (6) must include details of—
(a)the pre-construction baseline conditions of all features identified during a comprehensive water features survey;
(b)an updated hydrogeological model for the area that has been identified as being affected by the construction of all elements of the authorised development;
(c)suitable monitoring locations and parameters to be used for the duration of the construction of the authorised development and will serve as monitoring points for the verification of a successful scheme; and
(d)a dewatering management plan containing a groundwater monitoring programme that must be implemented to ensure the continued safeguards of abstractions identified by the water features survey.
(8) The authorised development must be carried out in accordance with the approved dewatering management plan as informed by the updated hydrogeological risk assessment.
Commencement Information
I7Sch. 2 para. 6 in force at 7.12.2022, see art. 1
7.—(1) No part of the authorised development is to commence until for that part final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by any part of the authorised development, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.E+W+S
(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—
(a)a protected species is shown to be present, or where there is a reasonable likelihood of it being present;
(b)application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and
(c)that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,
the relevant parts of the relevant works likely to affect the identified protected species must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.
(3) The undertaker must consult Natural England on the scheme referred to in sub-paragraph (2) prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.
(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after the Secretary of State has consulted Natural England, and under any necessary licences.
Commencement Information
I8Sch. 2 para. 7 in force at 7.12.2022, see art. 1
8.—(1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the relevant lead local flood authority and the Environment Agency on matters related to their functions.E+W+S
(2) The surface and foul water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant lead local flood authority on matters related to its function, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement.
Commencement Information
I9Sch. 2 para. 8 in force at 7.12.2022, see art. 1
9.—(1) Subject to sub-paragraph (2), the authorised development must be carried out in accordance with the flood risk assessment or any update thereof approved by the Environment Agency, including the mitigation measures detailed in it, so that no part of the authorised development is predicted to result in any exceedance of the flood levels to properties and land shown in the flood risk assessment.E+W+S
(2) Sub-paragraph (1) does not apply in any circumstance where the undertaker proposes to carry out a part of the authorised development otherwise than in accordance with the flood risk assessment or demonstrates to the Environment Agency’s satisfaction, in consultation with the relevant lead local flood authority, that the part of the authorised development concerned would not result in an exceedance of the flood levels shown in the flood risk assessment.
(3) The authorised development is not to commence until a programme outlining the intended schedule and phasing of works and mitigation of flood risk during construction has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, relevant lead local flood authority and the Environment Agency on matters related to their functions.
(4) The authorised development must be carried out in accordance with the programme approved under sub-paragraph (3).
Commencement Information
I10Sch. 2 para. 9 in force at 7.12.2022, see art. 1
10.—(1) No part of the authorised development is to commence until for that part a written scheme for the investigation of areas of archaeological interest including a programme for post excavation analysis, reporting, publication or archiving, reflecting the relevant mitigation measures set out in the REAC, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, Greater Manchester Archaeological Advisory Service and the county archaeologist at Derbyshire County Council on matters related to their functions.E+W+S
(2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).
(3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme referred to in sub-paragraph (1).
(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and reported to the relevant planning authority as soon as reasonably practicable from the date they are identified.
(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date of any notice served under sub-paragraph (4) unless otherwise agreed in writing by the relevant planning authority.
(6) If the relevant planning authority determines in writing that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details to be submitted in writing to, and approved in writing by, the relevant planning authority.
(7) On completion of the authorised development, suitable resources and provisions for long term storage of the archaeological archive will be agreed with the county archaeologist.
(8) For the purposes of this requirement, reference to part shall include the preliminary works where the preliminary works comprise intrusive ground works.
Commencement Information
I11Sch. 2 para. 10 in force at 7.12.2022, see art. 1
11. Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with Volume 1, Series 0300 of the Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.E+W+S
Commencement Information
I12Sch. 2 para. 11 in force at 7.12.2022, see art. 1
12.—(1) No part of the authorised development is to commence until for that part a Carbon Management Plan has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the local highway authority on matters related to their functions.E+W+S
(2) The authorised development must be carried out in accordance with the Carbon Management Plan approved under sub-paragraph (1).
(3) The Carbon Management Plan prepared under sub-paragraph (1) must adhere to the principles of PAS 2080 and must—
(a)quantify the construction stage carbon emissions that are identified at the preliminary scheme design stage;
(b)set out the consideration given to the use of construction methods, materials and other means to reduce carbon emissions and identify a target for a reduction in construction stage carbon emissions from the preliminary scheme design stage to the completion of the authorised development; and
(c)provide a comparison of the construction stage carbon emissions, use of construction methods, materials and other means to reduce carbon emissions for the authorised development with other projects identified in consultation with the relevant planning authority and local highway authority.
(4) The undertaker must maintain up to date reports of the construction stage carbon emissions, use of construction methods and materials to reduce carbon emissions; and how those compare with the Carbon Management Plan, until the date of completion of the authorised development.
(5) The adherence of the Carbon Management Plan to the principles of PAS 2080, the construction stage carbon emissions quantified in the Carbon Management Plan, and the up to date reports referred to in sub-paragraph (4), must be verified by an independent body approved by the Secretary of State.
(6) The Carbon Management Plan prepared under sub-paragraph (1) and the up to date reports referred to in sub-paragraph (4), as verified in accordance with sub-paragraph (5), must be available in electronic form for inspection by members of the public until the date of completion of the authorised development.
Commencement Information
I13Sch. 2 para. 12 in force at 7.12.2022, see art. 1
13.—(1) No part of the authorised development is to commence until for that part a Piling Design Statement has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to their functions.E+W+S
(2) The authorised development must be carried out in accordance with the Piling Design Statement approved under sub-paragraph (1).
(3) The Piling Design Statement prepared under sub-paragraph (1) must include details of—
(a)options for the proposed piling method at each location where piling is proposed;
(b)for each piling method option at each location, noise and vibration mitigation measures and anticipated noise and vibration effects on identified receptors that are likely to be affected;
(c)the proposed piling method and noise and vibration mitigation measures at each location; and
(d)justification of why rotary bored piling is not feasible in any location where the use of percussive piling would lead to more adverse noise or vibration effects on the identified receptors that are likely to be affected.
Commencement Information
I14Sch. 2 para. 13 in force at 7.12.2022, see art. 1
14.—(1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, the undertaker must provide such other party with not less than 21 days for any response to the consultation and thereafter the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.E+W+S
(2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.
(3) The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.
(4) Where the consultation responses are not reflected in the details submitted to the Secretary of State for approval, the undertaker must state in the summary report referred to under sub-paragraph (1) the reasons why the consultation responses have not been reflected in the submitted details.
Commencement Information
I15Sch. 2 para. 14 in force at 7.12.2022, see art. 1
15. With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes or plans approved under this Schedule, the approved details or schemes or plans are taken to include any amendments that may subsequently be approved in writing by the Secretary of State.E+W+S
Commencement Information
I16Sch. 2 para. 15 in force at 7.12.2022, see art. 1
16.—(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—E+W+S
(a)the day immediately following that on which the application is received by the Secretary of State;
(b)the day immediately following that on which further information has been supplied by the undertaker under paragraph 17 (further information); or
(c)such longer period as may be agreed between the parties.
(2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
(3) Where—
(a)an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;
(b)the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and
(c)the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement,
the application is taken to have been refused by the Secretary of State at the end of that period.
Commencement Information
I17Sch. 2 para. 16 in force at 7.12.2022, see art. 1
17.—(1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.E+W+S
(2) In the event that the Secretary of State considers such further information to be necessary, the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within that 21 business day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.
(3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 16 (applications made under requirements) and in this paragraph.
(4) In this paragraph, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971(6).
(5) When making an application for consent under sub-paragraph (1), the undertaker must notify the Secretary of State of the effect of sub-paragraph (2).
Commencement Information
I18Sch. 2 para. 17 in force at 7.12.2022, see art. 1
18.—(1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.E+W+S
(2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.
(3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.
Commencement Information
I19Sch. 2 para. 18 in force at 7.12.2022, see art. 1
19. If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.E+W+S
Commencement Information
I20Sch. 2 para. 19 in force at 7.12.2022, see art. 1
Articles 12 and 13
Commencement Information
I21Sch. 3 Pt. 1 in force at 7.12.2022, see art. 1
(1) Road | (2) Extent |
---|---|
Existing M67 roundabout approach | Between points C1/1 and C1/2 or C1/5 on Sheet 1 of the classification of roads plans |
Commencement Information
I22Sch. 3 Pt. 2 in force at 7.12.2022, see art. 1
(1) Road | (2) Extent |
---|---|
Existing M67 Junction 4 roundabout | Between points C1/2 and C1/5 passing around the circulatory carriageway in a clockwise direction (north, east, south and west) on Sheet 1 of the classification of roads plans |
Proposed M67 Junction 4 throughabout link | Between points C1/5 and C1/6 on Sheet 1 of the classification of roads plans |
Proposed A57(T) Dual Carriageway | Between points C1/6 or C1/9 on Sheet 1 and C2/2 on Sheet 2 of the classification of roads plans |
Proposed Mottram Moor Junction | Between points C2/2 and C2/9, C2/10 and C2/11 on Sheet 2 of the classification of roads plans |
Improvements to existing A57 carriageway between Mottram Moor to Gun Inn | Between Mottram Moor Junction (point C2/11) and the existing Gun Inn Junction (Wedneshough/Market Street /Woolley Lane and A57(T) Mottram Moor) on Sheet 2 of the classification of roads plans |
Improvements to existing A628(T) Market St | Improvements to Market Street within the DCO limits. As shown on Sheet 2 of the classification of roads plans |
Commencement Information
I23Sch. 3 Pt. 3 in force at 7.12.2022, see art. 1
(1) Road | (2) Extent |
---|---|
A57 Link (single carriageway) (A Road) | Between points C2/9 and C2/4 on Sheet 1 and Sheet 2 of the classification of roads plans |
Hyde Rd (A57) (B Road) | Between points C1/7 or C1/8 and C2/3 Sheet 1 and Sheet 2 on the classification of road plans |
Mottram Moor Junction local roads exits (A and B Roads) | Between points C2/10 and C2/1 on Sheet 2 on the classification of road plans |
Mottram Moor Junction short road to the east of the Junction | Short, classified road between points C2/7 and C2/8 with an entrance to the east of the proposed Mottram Moor Junction (C2/7), serving local residents and providing access to nearby houses |
Mottram Moor Junction short road to the west of the Junction | Short, classified road between points C2/5 and C2/6 with an entrance to the west of the proposed Mottram Moor Junction (C2/5), serving local residents and providing access to nearby houses |
Commencement Information
I24Sch. 3 Pt. 4 in force at 7.12.2022, see art. 1
A length of 1587 metres of the existing A57(T) Hyde Road from points 1/3 on Sheet 1 of the speed limits and traffic regulations plans, being the junction of the M67 Junction 4 Roundabout in an easterly direction to the junction with Back Moor and then following the A57 Mottram Moor to the tie in at point 2.8, as shown on Sheet 2 of the speed limits and traffic regulations plans.
Commencement Information
I25Sch. 3 Pt. 5 in force at 7.12.2022, see art. 1
(1) Road name and number | (2) Extent | (3) Speed Limit |
---|---|---|
Proposed Throughabout link at M67 Junction 4 | From point 1/2 on the eastern side of the M67 Junction 4 roundabout, crossing the roundabout to point 1/5 at the western exit from the roundabout to the M67 for a distance of 160 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour |
Proposed A57(T) Dual Carriageway (both directions) | From points A and B, 70 metres north east of its junction with the M67 Junction 4 roundabout circulatory carriageway along its length to within 110 metres of Mottram Moor Junction (points L, M and N) for a total distance of 1650 metres as shown on Sheets 1 and 2 of the speed limits and traffic regulations plans. | 50 miles per hour |
Proposed A57(T) Dual Carriageway (both directions) | From its junction with the M67 Junction 4 roundabout (points 1/1 and 1/2) along its length for a total distance of 70 metres to points A and B, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour |
Proposed Mottram Moor Junction (all four directions) | The cross road identified as Mottram Moor Junction, from its tie in with the proposed A57(T) Dual Carriageway (points L, M and N), its tie in with Mottram Moor (points 2/8), its tie in with Back Moor (point 2/7), its tie in with Hyde Road (point 2/6) and its linkage with the Proposed A57 Link Road (Single Carriageway) as shown on Sheet 2 of the speed limits and traffic regulations plans. (This includes the short stretches of retained existing highway, either side of Mottram Moor Junction.) | 30 miles per hour |
Proposed A57 Link Road (Single Carriageway) (both directions) | From the Mottram Moor Junction (points L, M and N) along its length to the Woolley Bridge Junction (point 2/9) for a total distance of 1250 metres as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour |
A57 (T) (Hyde Road) from the M67 Junction 4 to the tie in at the junction with A6018 Back Moor (both directions) | From a point 23 metres east of its junction with the M67 Junction 4 roundabout (points C and D) to its tie in with the realigned junction with A6018 Back Moor (points P and O) for a total distance of 1100metres, as shown on Sheets 1 and 2 of the speed limits and traffic regulations plans. | 20 miles per hour |
Junction between Hyde Rd and Stalybridge Road (all directions) | From Stalybridge Road (points K and H) 20 metres north of the Junction with A57(T) Hyde Road to A57(T) Hyde Road as shown on Sheet 1 of the speed limits and traffic regulations plans. | 20 miles per hour |
Junction between Hyde Rd and Broadbottom Road (all directions) | From Broadbottom Road (points J and I) 20 metres south of the Junction with A57(T) Hyde Road to A57(T) Hyde Road as shown on Sheet 1 of the speed limits and traffic regulations plans. | 20 miles per hour |
A57 Woolley Lane (both directions) | From the Junction between A57(T) Mottram Moor, Wedneshough and Market Street (points Q, R, S and T) for a total of 665 metres, to its junction with Woolley Bridge Road (points U and V), as shown on Sheet 2 of the speed limits and traffic regulations plans. | 20 miles per hour |
Existing M67 Junction 4 | The whole length of the improved M67 Junction 4 circulatory carriageway, for a distance of 422 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour, as existing limit |
Existing M67 (both directions) | Along the length of the improved M67 carriageway, for a total distance of 330 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 70 miles per hour, as existing limit |
Existing A6018 Roe Cross Road (both directions) | Along the length of the existing Roe Cross Road within the DCO boundary, for a distance of 295 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour and 30 miles per hour, as existing limits |
Existing Old Hall Lane (both directions) | Along the length of the existing Old Road within the DCO boundary, for a distance of 133 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Existing Market Street (leading into Broadbottom Road) | Along the length of the existing Market Street, (leading into Broadbottom Road) within the DCO boundary, for a distance of 50 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Existing B6174 Stalybridge Road | Along the length of the existing Stalybridge Road within the DCO boundary, for a distance of 50 metres and a further section of 20 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Existing Old Road (both directions) | Along the length of the existing Old Road within the DCO boundary, for a distance of 185 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Existing Mottram Road (both directions) | Along the length of the existing Mottram Road within the DCO boundary, for a distance of 200 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour, as existing limit |
Existing Stockport Road (both directions) | Along the length of the existing Stockport Road within the DCO boundary, for a distance of 223 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Existing Market St (both directions) | Along the length of the existing Market Street within the DCO boundary, for a distance of 173 metres, as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Existing A57 Woolley Bridge (both directions) | Along the length of the existing A57 Woolley Bridge within the DCO boundary, for a distance of 370 metres, north and south of proposed Wooley Bridge Junction, as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Existing A6018 Back Moor (both directions) | Along the length of the existing A6018 Back Moor within the DCO boundary, for a distance of 18 metres and 69 metres, as shown on Sheets 1 and 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Existing A57(T) Mottram Moor | Along the length of the existing A57 Mottram Moor within the DCO boundary, for a distance of 390 metres, as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Existing Wedneshough | Along the length of the existing Wedneshough within the DCO boundary, for a distance of 53 metres, as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
Commencement Information
I26Sch. 3 Pt. 6 in force at 7.12.2022, see art. 1
(1) Area | (2) Road name and number and length | (3) Clearway and prohibitions |
---|---|---|
Longdendale Ward, Tameside | Proposed A57(T) dual carriageway (both directions from its junction with the M67 Junction 4 roundabout (points 1/1 and 1/2) to Mottram Moor Junction (points 2/1, 2/2, 2/3, 2/4, and 2/5) a total distance of 2980 metres as shown on Sheet 1 and Sheet 2 of the speed limits and traffic regulations plans. | Clearway (to include verges) Prohibition of pedestrians. Prohibition of cyclists. Prohibition of ridden or accompanied horses |
Commencement Information
I27Sch. 3 Pt. 7 in force at 7.12.2022, see art. 1
(1) Area | (2) Road name, number and length | (3) Title of Order | (4) Revocations or Variations |
---|---|---|---|
Longdendale Ward, Tameside | Hyde Road (A57 (T)) and Mottram Moor (A57 (T)) as shown on Sheet 1 of the speed limits and traffic regulations plans between points 1/3 and 2/8 | The A57 Trunk Road (Hyde Road and Mottram Roundabout) (30 Miles Per Hour and 40 Miles Per Hour Speed Restriction) Order 2013 | To be revoked in so far as it is in force and within the Order Limits |
Commencement Information
I28Sch. 3 Pt. 8 in force at 7.12.2022, see art. 1
(1) Public right of way | (2) Extent |
---|---|
Proposed combined footway/cycleway with equestrian use | 1566 metres of combined footway/cycleway with equestrian use connecting point 6/9 and point 4/16, as shown on Sheets 4, 5 and 6 of the streets, rights of way and access plans. |
Proposed footpath | 249 metres of footpath connecting point 5/2 on Sheet 5 and point 9/2 on Sheet 9 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway with equestrian use | 1170 metres of new combined footway/cycleway with equestrian use as shown between point 1/7 on Sheet 1, points 2/8 and 2/6 on Sheet 2 and point 1/8 on Sheet 1 of the streets, rights of way and access plans. |
Proposed footpath | 124 metres of new footpath running in a north eastern direction as shown between points 2/8 and 2/5 on Sheet 2 of the streets, rights of way and access plans. |
Proposed footpath | 15 metres of new footpath between points 1/42 and 1/43 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 65 metres of combined footway/cycleway as shown between points 1/4 and 1/1 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 50 metres of combined footway/cycleway as shown between point 1/1 and 1/37 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 40m of combined footway/cycleway as shown between points 1/27 and 1/37 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 15 metres of combined footway/cycleway as shown between points 1/25 and 1/26 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 55 metres of combined footway/cycleway as shown between points 1/25 and 1/22 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 20 metres of combined footway/cycleway as shown between points 1/22 and 1/29 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 20 metres of combined footway/cycleway as shown between points 1/29 and 1/28 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 15 metres of combined footway/cycleway as shown between points 1/29 and 1/30 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway with equestrian use | 105 metres of combined footway/cycleway with equestrian use as shown between points 1/22 and 1/21 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 15 metres of combined footway/cycleway as shown between points 1/21 and 1/20 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway with equestrian use | 35 metres of combined footway/cycleway with equestrian use as shown between points 1/21 and 1/19 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway with equestrian use | 35 metres of combined footway/cycleway with equestrian use as shown between points 1/23 and 1/27 of Sheet 1 of the streets, rights of way and access plans. |
Proposed segregated equestrian route | 15 metres of segregated equestrian route as shown between points 1/27 and 1/22 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway with equestrian use | 140 metres of combined footway/cycleway with equestrian use as shown between points 1/19 and 1/24 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 50 metres of combined footway/cycleway as shown between points 1/15 to 1/16 on Sheet 1 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway with equestrian use | 736 metres of new combined footway/cycleway with equestrian use as shown between point 3/3 and point 4/10 on Sheet 3 and 4 of the Streets, Rights of Way and Access Plan. |
Proposed combined footway/cycleway | 205 metres of combined footway/cycleway (comprising crossing points at Mottram Moor Junction) as shown between points 4/9 to 4/19, points 4/19 to 4/3, points 4/3 to 4/22, points 4/22 to 4/4, points 4/4 to 4/23 and points 4/23 to 4/5, points 4/5 to 4/9 on Sheet 4 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 100 metres of combined footway/cycleway, as shown between points 4/8 and 4/9 on Sheet 4 of the streets, rights of way and access plans. |
Proposed footway | 20 metres of footway as shown between points 4/28 and 4/29 on Sheet 4 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 200 metres of combined footway/cycleway, as shown between points 4/19 and 4/20 on Sheet 4 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 150 metres of combined footway/cycleway, as shown between points 4/21 and 4/22 on Sheet 4 of the streets, rights of way and access plans. |
Proposed combined footway/cycleway | 150 metres of combined footway/cycleway as shown between point 4/17 on Sheet 4 and point 8/10 on Sheet 8 of the streets, rights of way and access plans. |
Proposed footway | 15 metres of footway/crossing as shown between points 6/14 and 6/15 on Sheet 6 of the streets, rights of way and access plans. |
Proposed footway | 7.5 metres of footway as shown between points 6/16 and 6/17 on Sheet 6 of the streets, rights of way and access plans. |
Proposed footpath | 425 metres of footpath as shown between points 6/3 and 6/5 on Sheet 6 of the streets, rights of way and access plans. |
Proposed footpath | 85 metres of footpath as shown between point 4/18 on Sheet 4 and point 8/11 on Sheet 8 of the streets, rights of way and access plans. |
Proposed footway | 60 metres of footway as shown between points 8/9 and 8/10 on Sheet 8 of the streets, rights of way and access plans. |
Proposed/diverted footway | 100 metres of proposed/diverted footway as shown between points 8/4 and 4/7 on Sheets 4 and 8 of the streets, rights of way and access plans. |
Proposed footway | 60 metres of footway as shown between points 8/5 and 8/6 on Sheet 8 of the streets, rights of way and access plans. |
Proposed footpath | 10 metres of footpath as shown between points 2/1 and 2/2 on Sheet 2 of the streets, rights of way and access plans. |
Proposed footpath | 20 metres of footpath as shown between points 2/6 and 2/7 on Sheet 2 on the streets, rights of way and access plans. |
Commencement Information
I29Sch. 3 Pt. 9 in force at 7.12.2022, see art. 1
(1) Road | (2) Extent |
---|---|
New private maintenance track to be created to maintain Old Mill Farm underpass | As shown on Sheets 1 and 2 of the works plans, the extent of Work No. 7(i) and 7(ii) |
New private maintenance track to be created to maintain the new Pond 1 | As shown on Sheet 1 of the works plans, the extent of Work No. 8 |
New private access track providing access to farms and for maintenance of Electricity pylon and overhead lines | As shown on Sheet 3 and 4 of the works plans, the extent of Work No. 11(i) |
New private maintenance track to be created to maintain the new Pond 2 | As shown on Sheet 4 of the works plans, the extent of Work No. 20(i) and 20(ii) |
Article 15
Commencement Information
I30Sch. 4 Pt. 1 in force at 7.12.2022, see art. 1
(1) Public right of way or highway to be stopped up | (2) Extent of stopping up | (3) New highway to be substituted/provided |
---|---|---|
Footpath LON/90/100 | For a distance of 60 metres between points 6/4 and 6/5 as shown on Sheet 6 of the streets, rights of way and access plans | New footpath heading south east from points 6/3 to 6/1 on Sheet 6 of the streets, rights of way and access plans. |
Footpath LON/88/60 | For a distance of 210 metres between point 9/2 on Sheet 9 and point 5/2 on Sheet 5 of the streets, rights of way and access plans | New footpath from point 9/2 on Sheet 9 to point 5/2 on Sheet 5 of the streets, rights of way and access plans. |
Footpath LON/87/10 | For a distance of 160 metres between points 4/14 on Sheet 4 and point 8/11 on Sheet 8 of the streets, rights of way and access plans | Proposed footpath will connect directly onto the new A57 Link Roads ‘Mottram Moor Junctions’ footway (south west corner) via points 4/19, 4/a and 4/18 to point 8/11. |
Footpath LON/52/10 | For a distance of 230 metres between points 2/5 and 2/4 on Sheet 2 of the streets, rights of way and access plans | New footpath connection from points 2/5 to 2/8, new combined footway/cycleway with equestrian use between points 2/8 and 2/6 and new footpath between points 2/6 and 2/4 on Sheet 2 of the streets, rights of way and access plans. |
Footpath LON/51/20 | For a distance of 100 metres between points 2/3 and 2/4 on Sheet 2 of the streets, rights of way and access plans | New combined footway/cycleway with equestrian use connecting points 2/3 to 2/6 and new footpath between points 2/6 and 2/4 on Sheet 2 of the streets, rights of way and access plans. |
Footpath LON/50/10 | For a distance of 160 metres between points 1/42 and 1/44 on Sheet 1 of the streets, rights of way and access plans | New footpath link provided to new combined footway/cycleway with equestrian use between points 1/42 and 1/43. The new combined footway/cycleway with equestrian use will connect points 1/43 and 1/7, a diversion will then use the new combined footway/cycleway provision at the M67 Junction 4, leaving at point 1/19 and then using the existing footway to reach point 1/8 of the new combined footway/cycleway with equestrian use, which then links back to point 1/44. An alternative is to travel along the new bridleway between points 1/43 and 2/8 using the proposed Old Mill underpass and travelling past points 2/6 to 1/44. |
Footpath LON/52/20 | For a distance of 380 metres between points 1/45 on Sheet 1 and point 2/4 on Sheet 2 of the streets, rights of way and access plans | New footpath link provided between points 2/7 and 2/6 with the new combined footway/cycleway with equestrian use connecting point 2/6 on Sheet 2, point 1/44 on Sheet 1 and point 1/8 on Sheet 1 of the streets, rights of way and access plans. |
Footway along north eastern corner of the M67 Junction 4 roundabout | For a distance of 135 metres between points 1/4 and 1/19 on Sheet 1 of the streets, rights of way and access plans | New combined footway/cycleway from point 1/4 to 1/1 to 1/26 to 1/25 to 1/24 to 1/23 to 1/21 and 1/19 on Sheet 1 of the streets, rights of way and access plans. |
Footway/Shared User Path/crossing along the southern edge of the M67 Junction 4 roundabout | For a distance of 49 metres between points 1/17 and 1/16 on Sheet 1 of the streets, rights of way and access plans | New combined footway/cycleway from points 1/15 to 1/14 on Sheet 1 of the streets, rights of way and access plans. |
Footway/Shared User Path/crossing along the western edge of the M67 Junction 4 roundabout | For a distance of 52 metres between points 1/38 and 1/37 on Sheet 1 of the streets, rights of way and access plans | New combined footway/cycleway from points 1/1 to 1/27 on Sheet 1 of the streets, rights of way and access plans. |
Footway/crossing | For a distance of 25 metres between points 1/6 and 1/19 on Sheet 1 of the Street, Rights of Way and Access Plans | New combined footway/cycleway from point 1/20 to 1/21 to 1/19 on Sheet 1 of the streets, rights of way and access plans. |
Footway/crossing | For a distance of 340 metres between point 4/15 on Sheet 4 and point 8/10 on Sheet 8 of the streets, rights of way and access plans | New combined footway/cycleway from point 4/21 to 4/22 to 4/23 on Sheet 4 of the streets, rights of way and access plans and new combined footway/cycleway with equestrian use from points 4/23 to 4/17 and then on combined footway cycleway from point 4/17 to point 8/10 on Sheet 8 of the streets, rights of way and access plans. |
Footway/crossing | For a distance of 45 metres between points 4/13 to 4/12 on Sheet 4 of the streets, rights of way and access plans | New combined footway/cycleway from points 4/19 to point 4/9 on the streets, rights of way and access plans. |
Commencement Information
I31Sch. 4 Pt. 2 in force at 7.12.2022, see art. 1
(1) Private means of access to be stopped up | (2) Extent of stopping up | (3) New private means of access to be substituted |
---|---|---|
Carrhouse Lane | For a distance of 70 metres shown between points 5/3 and 5/4 on Sheet 5 on the Streets, Rights of Way and Access Plan | Work No. 23 |
Informal field access off Edge Lane | Vehicular access point 2/4 on Sheet 2 on the Streets, Rights of Way and Access Plan | Work No. 7(v) |
Existing maintenance track (multi user) | For a distance of 60 metres shown between points 6/4 and 6/5 on Sheet 6 on the Streets, Rights of Way and Access Plan. | Work No. 25(i), 25(iii) |
Field access | Vehicular track access point close to point 1/9 on Sheet 1 on the Streets, Rights of Way and Access Plan | Work number 7(i) |
Commencement Information
I32Sch. 4 Pt. 3 in force at 7.12.2022, see art. 1
(1) Private means of access to be altered | (2) Extent of alteration |
---|---|
Realignment of existing private maintenance access to an electricity pylon from southern point of Edge Lane/ northern access of the M67 Junction 4 | As shown on Sheet 1 of the works plans, the extent of Work No. 7(i) |
Realignment of existing private means of access into agricultural fields | As shown on Sheets 1 and 2 of the works plans, the extent of Work No. 7(i), 7(ii), 7(iii), 7(iv), 7(v), 9(i) and 9(ii) |
Realignment of existing private means of access into agricultural fields and current Showground | As shown on Sheet 3 of the works plans, the extent of Work No. 11(i) and 11(ii) |
Realignment of existing private means of access into agricultural fields | As shown on Sheet 5 of the works plans, the extent of Work No. 24 |
Realignment of existing private means of access to Tara Brook Farm | As shown on Sheet 6 of the works plans, the extent of Work No. 25(iii) |
Realignment of existing private means of access to Hope Farm to be created within farmer’s own land | As shown on the Sheet 6 of the works plans, the extent of Work No. 25(iv) |
Provision of gated field access to land west of the River Etherow | As shown on Sheet 6 of the works plans the extent of Work No. 30(i) |
Realignment of private means of access to Carrhouse Farm to be created | As shown on Sheet 5 and 6 of the works plans the extent of Work No. 56 |
Article 25(2)
Commencement Information
I33Sch. 5 in force at 7.12.2022, see art. 1
(1) Plot Reference Number shown on Land Plans | (2) Purpose for which rights over land may be acquired | (3) Relevant part of the authorised development |
---|---|---|
Land Plans – Sheet 1 | ||
1/6c | Required for access to culvert for structural inspections and maintenance | Work No. 36 |
1/9a | Required for access to culvert for structural inspections and maintenance | Work No. 36 |
1/9b | Required for maintenance and access to existing water distribution main and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 60 |
Land Plans – Sheet 2 | ||
2/1a | Required for maintenance and access to existing water distribution main and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 60 |
2/1g | Required to create access and egress points serving land situated south of Edge Lane, access to culvert for structural inspections and maintenance, and the establishment of environmental mitigation and enhancement | Work Nos. 9, 36, 49 |
2/1i | Required for access to culvert for structural inspections and maintenance, and the establishment of environmental mitigation and enhancement | Work Nos. 36, 50 |
Land Plans – Sheet 3 | ||
3/3c | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
Land Plans – Sheet 4 | ||
4/3b | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
4/4m | Required to allow access for maintenance of pond | Work No. 20 |
4/12a | Required for access to culvert for structural inspections and maintenance | Work No. 36 |
4/13b | Required for access to culvert for structural inspections and maintenance | Work No. 36 |
4/13g | Required for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 59 |
4/13j | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
4/21 | Required to allow access for maintenance of pond | Work No. 20 |
4/22a | Required for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 59 |
Land Plans – Sheet 5 | ||
5/1b | Required for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 63 |
5/1f | Required for construction of realigned Carrhouse Lane and for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work Nos. 34, 63 |
5/1i | Required for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 63 |
5/1j | Required for use of the realigned Carrhouse Lane | Work No. 23 |
5/4 | Required for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 63 |
5/7d | Required for use of the realigned Carrhouse Lane | Work No. 23 |
5/7f | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
5/9d | Required for the establishment of environmental mitigation and enhancement and for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work Nos. 50, 64 |
Land Plans – Sheet 6 | ||
6/1b | Required for the establishment of environmental mitigation and enhancement and for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work Nos. 50, 64 |
6/1d | Required for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 65 |
6/1f | Required for the establishment of environmental mitigation and enhancement including for flood storage | Work Nos. 50. 55 |
6/2a | Required for the establishment of environmental mitigation and enhancement including for flood storage, plus maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work Nos. 50, 55, 65 |
6/2d | Required to facilitate a new access to Tara Brook Farm | Work No. 25 |
6/2i | Required for the establishment of flood storage | Work No. 55 |
6/2j | Required for structures to facilitate the proposed River Etherow Bridge | Work Nos. 35, 50 |
6/2l | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
6/2n | Required for the establishment of flood storage | Work No. 55 |
6/3b | Required for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 65 |
Land Plans – Sheet 7 | ||
7/1d | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
Land Plans – Sheet 8 | ||
8/6 | Rights required to undertake and maintain works associated with the detrunking of the existing A57(T) between the M67 Junction 4 and Mottram Moor Junction including associated traffic calming measures and signage | Work No. 51 |
8/8c | Required for the establishment of environmental mitigation and enhancement and a new footpath between Mottram Moor Junction and existing LON 87/10 | Work Nos. 21, 49, 50 |
Land Plans – Sheet 9 | ||
9/3 | Rights are required for Tameside MBC for maintenance and structural inspections of the underpass at Carrhouse Lane | Work No. 34 |
9/5 | Rights are required for Tameside MBC for maintenance and structural inspections of the underpass at Carrhouse Lane | Work No. 34 |
9/7c | Rights are required for Tameside MBC for maintenance and structural inspections of the underpass at Carrhouse Lane | Work No. 34 |
9/9c | Rights are required for Tameside MBC for maintenance and structural inspections of the underpass at Carrhouse Lane | Work No. 34 |
Article 25
1. The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply in respect of compensation for the compulsory purchase of land and interests in land.E+W+S
Commencement Information
I34Sch. 6 para. 1 in force at 7.12.2022, see art. 1
2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modifications set out in sub-paragraph (2).E+W+S
(2) For section 5A(5A) (relevant valuation date) of the 1961 Act, substitute—
“(5A) If—
(a)the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the A57 Link Roads Development Consent Order 2022 (“the A57 Link Roads Order”));
(b)the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the A57 Link Roads Order) to acquire an interest in the land; and
(c)the acquiring authority enters on and takes possession of that land,
the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.”.
Commencement Information
I35Sch. 6 para. 2 in force at 7.12.2022, see art. 1
3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(7) has effect subject to the modifications set out in sub-paragraph (2).E+W+S
(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—
(a)for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and
(b)for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.
Commencement Information
I36Sch. 6 para. 3 in force at 7.12.2022, see art. 1
4. Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 27 (modification of part 1 the 1965 Act)) to the acquisition of land under article 22 (compulsory acquisition of land), applies to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 25 (compulsory acquisition of rights and restrictive covenants)—E+W+S
(a)with the modifications specified in paragraph 5; and
(b)with such other modifications as may be necessary.
Commencement Information
I37Sch. 6 para. 4 in force at 7.12.2022, see art. 1
5.—(1) The modifications referred to in paragraph 4(a) are as follows.E+W+S
(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—
(a)the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or
(b)the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.
(3) For section 7 (measure of compensation in the case of severance) of the 1965 Act substitute—
“7. In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the Special Act.”.
(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—
(a)section 9(4) (failure by owners to convey);
(b)paragraph 10(3) of Schedule 1 (owners under incapacity);
(c)paragraph 2(3) of Schedule 2 (absent and untraced owners); and
(d)paragraphs 2(3) and 7(2) of Schedule 4 (common land),
are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.
(5) Section 11(8) (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 22), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A(9) (powers of entry; further notices of entry), 11B(10) (counter-notice requiring possession to be taken on specified date), 12(11) (penalty for unauthorised entry) and 13(12) (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.
(6) Section 20(13) (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.
(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 27(4) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.
(8) For Schedule 2A of the 1965 Act substitute—
1.—(1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 28 (application of the 1981 Act) of the A57 Link Roads Development Consent Order 2022 in respect of the land to which the notice to treat relates.
(2) But see article 29 (acquisition of subsoil and airspace only) of the A57 Link Roads Development Consent Order 2022 which excludes the acquisition of subsoil or airspace only from this Schedule.
2. In this Schedule, “house” includes any park or garden belonging to a house.
3. A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory.
4. A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.
5. On receiving a counter-notice, the acquiring authority must decide whether to—
(a)withdraw the notice to treat,
(b)accept the counter-notice, or
(c)refer the counter-notice to the Upper Tribunal.
6. The acquiring authority must serve notice of its decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
7. If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period.
8. If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period.
9. If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.
10. On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would—
(a)in the case of a house, building or factory, cause material detriment to the house, building or factory, or
(b)in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
11. In making its determination, the Upper Tribunal must take into account—
(a)the effect of the acquisition of the right or the imposition of the covenant,
(b)the use to be made of the right or covenant proposed to be acquired or imposed, and
(c)if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
12. If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take.
13. If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.
14.—(1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.
(2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
15. Any dispute as to the compensation is to be determined by the Upper Tribunal.”.
Commencement Information
I38Sch. 6 para. 5 in force at 7.12.2022, see art. 1
Article 31
Commencement Information
I39Sch. 7 in force at 7.12.2022, see art. 1
(1) Plot Reference Number shown on Land Plans | (2) Purpose for which temporary possession may be taken | (3) Relevant part of the authorised development | ||
---|---|---|---|---|
Land Plans – Sheet 1 | ||||
1/1h | Required for works to improve the M67 Junction 4 roundabout, the construction of a drainage ditch, and the creation of a new public right of way | Work Nos. 3, 7, 40 | ||
1/6a | Required for works to improve the M67 Junction 4 roundabout, the construction of a drainage ditch, and the creation of a new public right of way | Work Nos. 3, 7, 40 | ||
1/9c | Required for access to and creation of new culverts for structural inspections and maintenance and the construction of new drainage ditches to the north of the A57 link between M67 and Roe Cross Road | Work Nos. 36, 40 | ||
Land Plans – Sheet 2 | ||||
2/1c | Required for works to culverted watercourses and to create new watercourse | Work Nos. 36, 41 | ||
2/1d | Required for the creation of access and egress points serving land situated south of Edge Lane and for works to culverted watercourses and to create new watercourse | Work Nos.. 9, 36, 41 | ||
2/1e | Required for the creation of new public rights of way, north and south of the proposed new dual carriageway | Work No. 7 | ||
2/1h | Required for the creation of new public rights of way, north and south of the proposed new dual carriageway and for the diversion of Hurstclough Brook | Work Nos. 7, 43 | ||
2/1j | Required for the construction of new drainage ditches. | Work No. 40 | ||
2/2a | Required for the construction of the proposed Roe Cross Road Bridge and retaining walls to Mottram Underpass and for the creation of drainage ditches | Work Nos. 32, 40 | ||
2/2d | Required for the construction of the proposed Roe Cross Road Bridge and retaining walls to Mottram Underpass | Work No. 32 | ||
2/2f | Required for the construction of the proposed Roe Cross Road Bridge and retaining walls to Mottram Underpass | Work No. 32 | ||
Land Plans – Sheet 3 | ||||
3/2x | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/2aa | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/2bb | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/2cc | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/3e | Required for the construction of a new section of the eastbound A57 dual carriageway, new watercourses and utility diversions | Work Nos. 5, 44, 58 | ||
3/3f | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/3h | Required for the construction of a new section of the eastbound A57 dual carriageway, new watercourse and the diversion of buried power cables | Work Nos. 5, 44, 61 | ||
3/14 | Required for the realignment of Old Hall Lane and the creation of a means of access and egress to the south of land currently known as the Showground | Work Nos. 10, 11 | ||
3/15b | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/16b | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/17a | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/18 | Required for the realignment of Old Hall Lane | Work No. 10 | ||
3/20a | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/22b | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work Nos. 11, 66 | ||
3/22c | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/22d | Required for the construction of new watercourses to manage local drainage | Work No. 44 | ||
3/22e | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work Nos. 11, 66 | ||
3/24 | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/25 | Required for the construction of new watercourses to manage local drainage | Work No. 44 | ||
3/27b | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/27c | Required for the construction of a new section of the eastbound A57 dual carriageway, the diversion of a water sewerage pipe, the construction of new watercourses to manage local drainage and diversion of water sewage pipes | Work Nos. 5, 44, 58 | ||
3/27d | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/28a | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/28b | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
3/29 | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
Land Plans – Sheet 4 | ||||
4/3a | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
4/8b | Required for the construction of an earthworks screening bund | Work No. 48 | ||
4/9 | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
4/10a | Required for the creation of means of access and egress to the south of the land currently known as the Showground | Work No. 11 | ||
4/10c | Required for the diversion of buried power cables | Work No. 61 | ||
4/12c | Required for the creation of means of access and egress to the south of the land currently known as the Showground and the development of a short cul de sac to the west of the proposed Mottram Moor Junction | Work Nos. 11, 17, 66 | ||
4/12d | Required for the diversion of buried power cables | Work No. 61 | ||
4/13a | Required for the creation of a footpath between the Mottram Moor Junction and the existing footpath, the creation of a culvert to carry an unnamed watercourse and a diversion of Tara Brook south | Work Nos. 21, 36, 45 | ||
4/13c | Required for the creation of a footpath between the Mottram Moor Junction and the existing footpath the creation of a culvert to carry Tara Brook, a diversion of Tara Brook and the construction of an earthworks screening bund | Work Nos. 21, 36, 45, 48 | ||
4/13f | Required for the creation of a private access track for the maintenance of a pond | Work No. 20 | ||
4/13h | Required for the creation of a culvert to carry Tara Brook, a diversion of Tara Brook and the construction of various drainage ditches | Work Nos. 36, 45, 46 | ||
4/13i | Required for the construction of a drainage retention pond, the diversion of Tara Brook and the diversion of existing water main | Work Nos. 38, 45, 59 | ||
4/13k | Required for the construction of various drainage ditches and the construction of an earthworks screening bund | Work Nos. 46, 48 | ||
4/14b | Required for the diversion of buried power cables | Work No. 61 | ||
4/20 | Required for the creation of a private access track for the maintenance of a pond | Work No. 20 | ||
4/22b | Required for the diversion of existing water main and the diversion of Tara Brook | Work Nos. 59, 45 | ||
Land Plans – Sheet 5 | ||||
5/1a | Required for the construction of various drainage ditches and the construction of an earthworks screening bund | Work Nos. 46, 48 | ||
5/1c | Required for the realignment of Carrhouse Lane and the construction of various drainage ditches | Work Nos. 23, 46 | ||
5/1e | Required for the creation of a new bridleway, the construction of the A57 Link Road and the realignment of Carrhouse Lane | Work Nos. 14, 22, 23 | ||
5/1g | Required for the construction of the A57 Link Road and the realignment of Carrhouse Lane | Work Nos. 22, 23 | ||
5/1h | Required for the realignment of Carrhouse Lane | Work No. 23 | ||
5/1k | Required for the realignment of Carrhouse Lane and the construction of various drainage ditches | Work Nos. 23, 46 | ||
5/2 | Required for the construction of the A57 Link Road and the creation of a private, field access track from Carrhouse Lane to a field east of Carrhouse Lane | Work Nos. 22, 24 | ||
5/3 | Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage | Work No. 23 | ||
5/6a | Required for the creation of a private, field access track from Carrhouse Lane to a field east of Carrhouse Lane | Work No. 24 | ||
5/6d | Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage | Work No. 23 | ||
5/7b | Required for the construction of various drainage ditches | Work No. 46 | ||
5/7c | Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage | Work No. 23 | ||
5/7e | Required for the creation of a new access track to Carrhouse Lane Farm | Work No. 56 | ||
5/7g | Required for the creation of a new access track to Carrhouse Lane Farm | Work No. 56 | ||
5/7h | Required for the creation of a new access track to Carrhouse Lane Farm | Work No. 56 | ||
5/8 | Required for the construction of various drainage ditches | Work No. 46 | ||
5/9a | Required for the creation of a private, field access track from Carrhouse Lane to a field east of Carrhouse Lane and the construction of various drainage ditches | Work Nos. 24, 46, 66 | ||
5/9c | Required for the creation of a new access track to Carrhouse Lane Farm | Work No. 56 | ||
5/9e | Required for the creation of a new access track to Carrhouse Lane Farm | Work No. 56 | ||
5/9f | Required for the creation of a new access track to Carrhouse Lane Farm | Work No. 56 | ||
5/9g | Required for the creation of a new access track to Carrhouse Lane Farm | Work No. 56 | ||
Land Plans – Sheet 6 | ||||
6/1a | Required for the diversion of a footpath facilitating a private access track to Pond 3 and access to an existing maintenance track, the creation of a culvert to carry a drainage ditch and the construction of various drainage ditches | Work Nos. 25, 36, 46 | ||
6/1c | Required for the construction of various drainage ditches | Work Nos. 46, 66 | ||
6/2c | Required for the diversion of a footpath facilitating a private access track to Pond 3 and access to an existing maintenance track, plus the construction of various drainage ditches | Work Nos. 25, 46, 66 | ||
6/2e | Required for the diversion of a footpath and the creation of new access tracks, the construction of the proposed River Etherow bridge, the creation of a culvert to carry drainage ditch and the construction of various drainage ditches | Work Nos. 25, 35, 36, 46 | ||
6/2f | Required for the construction of the proposed River Etherow bridge, the construction of various drainage ditches and the establishment of environmental mitigation and enhancement | Work Nos. 35, 46, 50 | ||
6/2h | Required for the construction of various drainage ditches | Work No. 46 | ||
6/2k | Required for the construction of the proposed River Etherow bridge and the construction of various drainage ditches | Work Nos. 35, 46 | ||
6/2m | Required for the construction of various drainage ditches | Work No. 46 | ||
6/2p | Required for the construction of an at grade signalised T-Junction | Work No. 27 | ||
6/2q | Required for the creation of a bridleway along the south side of A57 Link Road and road widening and resurfacing | Work Nos. 26, 28 | ||
6/2r | The creation of a bridleway along the south side of A57 Link Road, the construction of an at grade signalised T-Junction and the construction of a new private access | Work Nos. 26, 27, 30 | ||
6/3a | Required for the construction of various drainage ditches | Work Nos. 46, 66 | ||
6/3d | Required for the diversion of a footpath and creation of an access track | Work No. 25 | ||
6/5 | Required for the construction of an at grade signalised T-Junction and the creation of controlled pedestrian/cycle crossing | Work Nos. 27, 29 | ||
6/6 | Required for the construction of an at grade signalised T-Junction and the creation of controlled pedestrian/cycle crossing | Work Nos. 27, 29 | ||
Land Plans – Sheet 7 | ||||
7/1a | Required for the establishment of a construction compound and the undertaking of associated construction activities | All works | ||
7/1c | Required for the establishment of a construction compound and the undertaking of associated construction activities | All works | ||
Land Plans – Sheet 8 | ||||
8/7a | Required for the creation of an earthwork screening bund | Work No. 48 | ||
8/8a | Required for the creation of a footpath between the new Mottram Moor Junction and existing footpath, creation of a culvert to carry Tara Brook, the diversion of Tara Brook and the location of bat boxes installed on existing trees | Work Nos. 21, 36, 45, 50 | ||
8/8d | Required for the creation of a footpath between the new Mottram Moor Junction and existing footpath and the diversion of Tara Brook | Work Nos. 21, 45 | ||
Land Plans – Sheet 9 | ||||
9/7a | Required for the realignment of Carrhouse Lane and the construction of various drainage ditches | Work Nos. 23, 46 | ||
9/7e | Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage | Work No. 23 | ||
9/9a | Required for the realignment of Carrhouse Lane and the construction of various drainage ditches. | Work Nos. 23, 46 | ||
9/16 | Required for the realignment of Carrhouse Lane, together with a new access track and public footpath, including associated earthworks and drainage | Work No. 23 |
Articles 36 and 38
Commencement Information
I40Sch. 8 Pt. 1 in force at 7.12.2022, see art. 1
(1) Hedgerow | (2) Work to be carried out | (3) Relevant part of the authorised development | (4) Important Hedgerow |
---|---|---|---|
H1 – Defunct – Species Poor – 93 metres | Partial removal | Work Nos. 7(i) & 40 | No |
H3 – Defunct – Species Poor – 87 metres | Full removal | Work Nos. 5 & 6 | No |
H5 – Defunct – Species Poor – 310 metres | Partial removal | Work Nos. 5 & 6 | No |
H7 – Intact – Species Poor – 104 metres | Full removal | Work Nos. 15 & 16 | No |
H8 – Defunct – Species Poor – 119 metres | Full removal | Work No. 6 | No |
H9 – Hedgerows with Trees – Species Poor – 64 metres | Full removal | Work No. 6 | No |
H10 – Hedgerow with tree species – Species Poor – 66 metres | Full removal | Work No. 5 & 6 | No |
H11 – Defunct – Species Poor – 66 metres | Full removal | Work No. 6 | No |
H12 – Intact – Species Poor – 247 metres | Partial removal | Work No. 5 & 6 | No |
H13 – Intact – Species Poor – 93 metres | Full removal | Work No. 12 | No |
H14 – Intact – Species Poor – 173 metres | Full removal | Work No. 12 | No |
H15 – Defunct – Species Poor – 56 metres | Full removal | Work No. 5 | No |
H16 – Hedgerow with tree species – Species Poor – 145 metres | Partial removal | Work Nos. 44 & 58 | No |
H17 – Intact – Species Poor – 119 metres | Partial removal | Work Nos. 61 & 44 | No |
H24 – Hedgerow with tree species – Species Rich – 131 metres | Partial removal | Work Nos. 61 & 5 | Yes |
H28 – Defunct – Species Poor – 159 metres | Partial removal | Work No. 56 | No |
H29 – Hedgerows with Trees – Species Poor – 252 metres | Partial removal | Work No. 22 | No |
H31 – Intact – Species Poor – 183 metres | Full removal | Work No. 27 | No |
H32 – Intact – Species Rich – 140 metres | Partial removal | Work No. 22 | No |
H33 – Defunct – Species Poor – 371 metres | Partial removal | Work No. 22 | No |
H36 – Intact – Species Poor – 67 metres | Full removal | Work No. 22 | No |
H37 – Hedgerows with Trees – Species Poor – 157 metres | Partial removal | Work No. 22 | No |
H39 – Hedgerows with Trees – Species Poor – 101 metres | Partial removal | Work Nos. 22 & 23 | No |
H42 – Hedgerows with Trees – Species Poor – 42 metres | Full removal | Work No. 35 | No |
H43 – Line of Trees – 326 metres | Partial removal | Work Nos. 47(iii) & 6 | No |
H45 – Intact Species Rich – 192 metres | Full removal | Work Nos. 5 & 6 | No |
H46 – Line of Trees – 115 metres | Full removal | Works no. 5 & 6 | No |
H47 – Line of Trees – 146 metres | Partial removal | Work No. 56 | No |
H48 – Hedgerow Species Poor – 29 metres | Partial removal | Work No. 35 | No |
Commencement Information
I41Sch. 8 Pt. 2 in force at 7.12.2022, see art. 1
(1) Type of tree | (2) Work to be carried out | (3) Relevant part of the authorised development | (4) Tree Preservation Order (TPO) reference |
---|---|---|---|
W042 – Beech (Fagus sylvatica), Sycamore (Acer pseudoplatanus), Elm (Ulmus spp.), Horse Chestnut (Aesculus hippocastanum), Ash (Fraxinus excelsior) | Felling (part of Group) | Work No. 33 | L13-W2 |
W042 – Beech (Fagus sylvatica), Sycamore (Acer pseudoplatanus), Elm (Ulmus spp.), Horse Chestnut (Aesculus hippocastanum), Ash (Fraxinus excelsior) | Partial felling (part of Group that sits within the Red Line Boundary) | Work Nos. 5 & 6 | L15-W1 |
Articles 33 and 41
1.—(1) For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise identified in another Part of this Schedule or agreed in writing between the undertaker and the utility undertaker concerned.E+W+S
(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and the utility undertaker concerned, where the benefit of this Order is transferred or granted to another person under article 9 (consent to transfer benefit of Order), any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between the utility undertaker concerned and the transferee or grantee (as the case may be).
(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to the utility undertaker concerned (but see paragraph 11(3)(b)).
Commencement Information
I42Sch. 9 para. 1 in force at 7.12.2022, see art. 1
2. In this Part of this Schedule—E+W+S
“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means—
in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(14)), belonging to or maintained by that utility undertaker for the purposes of electricity supply;
in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986(15) for the purposes of gas supply;
in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and
in the case of a sewerage undertaker—
any drain or works vested in the utility undertaker under the Water Industry Act 1991(16); and
any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)(17) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104(18) (agreement to adopt sewers, drains or sewage disposal works at a future date) of that Act,
and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
“functions” includes powers and duties;
“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;
“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and
“utility undertaker” means—
any licence holder within the meaning of Part 1 of the Electricity Act 1989;
a gas transporter within the meaning of Part 1 of the Gas Act 1986;
a water undertaker within the meaning of the Water Industry Act 1991; and
a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,
for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.
Commencement Information
I43Sch. 9 para. 2 in force at 7.12.2022, see art. 1
3. This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.E+W+S
Commencement Information
I44Sch. 9 para. 3 in force at 7.12.2022, see art. 1
4.—(1) Where any street is stopped up under article 15 (permanent stopping up and restriction of use of highways, streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.E+W+S
(2) Regardless of the temporary alteration, diversion prohibition, or restriction of the use of any highway under the powers conferred by article 14 (temporary alteration, diversion, prohibition and restriction of the use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary alteration, diversion, prohibition or restriction of the use of any highway was in that highway.
Commencement Information
I45Sch. 9 para. 4 in force at 7.12.2022, see art. 1
5. The undertaker, in the case of the powers conferred by article 20 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.E+W+S
Commencement Information
I46Sch. 9 para. 5 in force at 7.12.2022, see art. 1
6. Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.E+W+S
Commencement Information
I47Sch. 9 para. 6 in force at 7.12.2022, see art. 1
7.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6).E+W+S
(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 44 (arbitration).
(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 44 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.
Commencement Information
I48Sch. 9 para. 7 in force at 7.12.2022, see art. 1
8.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 44 (arbitration).E+W+S
(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Commencement Information
I49Sch. 9 para. 8 in force at 7.12.2022, see art. 1
9.—(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.E+W+S
(2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.
(3) Any requirements made by a utility undertaker under sub-paragraph (2) are to be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.
(4) If a utility undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).
(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.
Commencement Information
I50Sch. 9 para. 9 in force at 7.12.2022, see art. 1
10.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).E+W+S
(2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deduced from any sum payable under sub-paragraph (1), that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 44 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.
(4) For the purposes of sub-paragraph (3)—
(a)an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), 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 utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.
Commencement Information
I51Sch. 9 para. 10 in force at 7.12.2022, see art. 1
11.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—E+W+S
(a)bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and
(b)make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,
by reason or in consequence of any such damage or interruption.
(2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—
(a)any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents, or
(b)any part of the authorised development carried out by a utility undertaker in the exercise of any functions conferred by this Order pursuant to a transfer or grant under article 9 (consent to transfer benefit of Order).
(4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
Commencement Information
I52Sch. 9 para. 11 in force at 7.12.2022, see art. 1
12. Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.E+W+S
Commencement Information
I53Sch. 9 para. 12 in force at 7.12.2022, see art. 1
13. Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.E+W+S
Commencement Information
I54Sch. 9 para. 13 in force at 7.12.2022, see art. 1
14. For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.E+W+S
Commencement Information
I55Sch. 9 para. 14 in force at 7.12.2022, see art. 1
15. In this Part of this Schedule—E+W+S
“the 2003 Act” means the Communications Act 2003(19);
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in section 106(20) (application of the electronic communications code) of the 2003 Act;
“electronic communications code network” means—
so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and
an electronic communications network which the undertaker is providing or proposing to provide;
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
“infrastructure system” has the same meaning as in the electronic communications code and reference to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and
“operator” means the operator of an electronic communications code network.
Commencement Information
I56Sch. 9 para. 15 in force at 7.12.2022, see art. 1
16. The exercise of the powers conferred by article 33 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.E+W+S
Commencement Information
I57Sch. 9 para. 16 in force at 7.12.2022, see art. 1
17.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from the authorised development—E+W+S
(a)any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or
(b)there is any interruption in the supply of the service provided by an operator,
the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it by reason, or in consequence of, any such damage or interruption.
(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.
(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 44 (arbitration).
(5) This Part of this Schedule does not apply to—
(a)any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or
(b)any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.
(6) Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Commencement Information
I58Sch. 9 para. 17 in force at 7.12.2022, see art. 1
18. The provisions of this Part have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.E+W+S
Commencement Information
I59Sch. 9 para. 18 in force at 7.12.2022, see art. 1
19. In this Part of this Schedule—E+W+S
“construction” includes execution, placing, altering, replacing, relaying and removal, and “construct” is to be construed accordingly;
“drainage authority” means—
the drainage board concerned within the meaning of section 23(21) (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991; or
in the case of any area for which there is no such drainage board, the lead local flood authority within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010(22);
“drainage work” means any watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence which is the responsibility of the drainage authority subject to such changes as notified to the undertaker;
“ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991;
“plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements;
“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to—
affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;
affect the flow, purity or quality of water in any watercourse; or
affect the conservation, distribution or use of water resources.
Commencement Information
I60Sch. 9 para. 19 in force at 7.12.2022, see art. 1
20.—(1) Not less than 2 months before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 28 days of the submission of the plans reasonably require.E+W+S
(2) The undertaker must not commence construction of the specified work until 2 months’ notice of the commencement of the specified work has been given to the drainage authority and approval, unconditionally or conditionally, has been given as provided in this paragraph.
(3) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 28.
(4) Any approval of the drainage authority required under this paragraph—
(a)must not be unreasonably withheld or delayed; and
(b)is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later, and may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, for the protection of any navigation work, for the protection of water resources, for the prevention of pollution or in the discharge of its environmental functions.
(5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.
Commencement Information
I61Sch. 9 para. 20 in force at 7.12.2022, see art. 1
21. Without limiting the scope of paragraph 20, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—E+W+S
(a)to safeguard any drainage work against damage by reason of any specified work; or
(b)to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased, by reason of any specified work.
Commencement Information
I62Sch. 9 para. 21 in force at 7.12.2022, see art. 1
22.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 21, must be constructed—E+W+S
(a)without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and
(b)to the reasonable satisfaction of the drainage authority, and an officer of the drainage authority is entitled to watch and inspect the construction of such works.
(2) The undertaker must give to the drainage authority—
(a)not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and
(b)notice in writing of its completion not later than 7 days after the date of completion.
(3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.
(4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.
(5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the undertaker.
(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.
Commencement Information
I63Sch. 9 para. 22 in force at 7.12.2022, see art. 1
23.—(1) Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of the specified work maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.E+W+S
(2) If any drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of the work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.
(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.
(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.
(5) This paragraph does not apply to—
(a)drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and
(b)any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule, provided that any obstruction is removed as soon as reasonably practicable.
Commencement Information
I64Sch. 9 para. 23 in force at 7.12.2022, see art. 1
24. If by reason of the construction of a specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.E+W+S
Commencement Information
I65Sch. 9 para. 24 in force at 7.12.2022, see art. 1
25. The undertaker must indemnify the drainage authority in respect of all costs, charges and expenses which the drainage authority may reasonably incur, have to pay or sustain—E+W+S
(a)in the examination or approval of plans under this Part of this Schedule;
(b)in inspecting the construction of the specified work or any protective works required by the drainage authority under this Part of this Schedule; and
(c)in carrying out any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified work.
Commencement Information
I66Sch. 9 para. 25 in force at 7.12.2022, see art. 1
26.—(1) Without limiting the other provisions of this Part of this Schedule, the undertaker must indemnify the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the drainage authority by reason of—E+W+S
(a)any damage to any drainage work;
(b)any raising or lowering of the water table in land adjoining the authorised project or in any sewers, drains and watercourses; or
(c)any flooding or increased flooding of any such lands,
caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.
(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.
Commencement Information
I67Sch. 9 para. 26 in force at 7.12.2022, see art. 1
27. The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.E+W+S
Commencement Information
I68Sch. 9 para. 27 in force at 7.12.2022, see art. 1
28. Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 44 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and [F1the Secretary of State for Energy Security and Net Zero] acting jointly on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other.E+W+S
Textual Amendments
F1Words in Sch. 9 para. 28 substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 78 (with art. 17)
Commencement Information
I69Sch. 9 para. 28 in force at 7.12.2022, see art. 1
29.—(1) For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.
(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 9 (consent to transfer benefit of Order)—
(a)any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and
(b)written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.
(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 39(3)(b)).
Commencement Information
I70Sch. 9 para. 29 in force at 7.12.2022, see art. 1
30. In this Part of this Schedule—
“alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by National Grid together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;
“authorised works” has the same meaning as is given to the term “authorised development” in article 2(1) and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;
“commence” and “commencement” in paragraph 38, 39 and 41 includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;
“functions” includes powers and duties;
“ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
“maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;
“National Grid” means National Grid Electricity Transmission Plc or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;
“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;
“specified works” means any of the authorised works or activities undertaken in association with the authorised works which—
will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 35(2) or otherwise; or
may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 35(2) or otherwise.
Commencement Information
I71Sch. 9 para. 30 in force at 7.12.2022, see art. 1
31. Except for paragraphs 32 (apparatus in stopped up streets), 37 (retained apparatus: protection) and 39 (indemnity) of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.
Commencement Information
I72Sch. 9 para. 31 in force at 7.12.2022, see art. 1
32.—(1) Where any street is stopped up under article 15 (permanent stopping up, restriction of use of highways, streets and private means of access), if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 35 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 37.
(2) Notwithstanding the temporary alteration, diversion, prohibition or restriction of the use of any highway under the powers of article 14 (temporary alteration, diversion prohibition and restriction of the use of streets), National Grid is at liberty at all times to take all necessary access across any such altered, diverted, prohibited or restricted highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the alteration, diversion, prohibition or restriction of the use was in that highway.
Commencement Information
I73Sch. 9 para. 32 in force at 7.12.2022, see art. 1
33. The undertaker must exercise the powers conferred by article 20 (protective work to buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid (such consent not to be unreasonably withheld).
Commencement Information
I74Sch. 9 para. 33 in force at 7.12.2022, see art. 1
34.—(1) Regardless of any provision in this Order or anything shown on the land plans, the undertaker may not acquire any interest in land or apparatus or override any easement or other interest of National Grid otherwise than by agreement.
(2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the undertaker to procure and secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.
(3) The undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule prevail.
(4) Any agreement or consent granted by National Grid under paragraph 37 or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).
Commencement Information
I75Sch. 9 para. 34 in force at 7.12.2022, see art. 1
35.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5).
(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its reasonable satisfaction (taking into account paragraph 36(1)) the necessary facilities and rights—
(a)for the construction of alternative apparatus in other land of, or secured by, the undertaker; and
(b)subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.
(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.
(5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
Commencement Information
I76Sch. 9 para. 35 in force at 7.12.2022, see art. 1
36.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.
(2) If the facilities and rights to be afforded by the undertaker under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter may be referred to arbitration in accordance with paragraph 43 (arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Commencement Information
I77Sch. 9 para. 36 in force at 7.12.2022, see art. 1
37.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity tower foundations.
(2) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—
(a)the exact position of the works;
(b)the level at which these are proposed to be constructed or renewed;
(c)the manner of their construction or renewal including details of excavation, positioning of plant;
(d)the position of all apparatus;
(e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;
(f)any intended maintenance regimes; and
(g)an assessment of risks of rise of earth issues.
(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-paragraph (2), include a method statement describing—
(a)details of any cable trench design including route, dimensions, clearance to pylon foundations;
(b)demonstration that pylon foundations will not be affected prior to, during and post construction;
(c)details of load bearing capacities of trenches;
(d)details of any cable installation methodology including access arrangements, jointing bays and backfill methodology;
(e)a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route;
(f)written details of the operations and maintenance regime for any cable, including frequency and method of access;
(g)assessment of earth rise potential if reasonably required by National Grid’s engineers; and
(h)evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to 26 tonnes in weight.
(4) The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until National Grid has given written approval of the plan so submitted.
(5) Any approval of National Grid required under sub-paragraphs (4)—
(a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (8); and
(b)must not be unreasonably withheld.
(6) In relation to any work to which sub-paragraphs (2) or (3) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.
(7) Works executed under sub-paragraphs (2) or (3) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.
(8) Where under sub-paragraph (6) National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid’s satisfaction prior to the commencement of any specified works for which protective works are required and National Grid must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).
(9) If National Grid in accordance with sub-paragraphs (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 29 to 31 and 34 to 36 apply as if the removal of the apparatus had been required by the undertaker under paragraph 35(2).
(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
(11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances.
(12) In sub-paragraph (11) “emergency works” means works whose execution at the time when they are executed is required in order to put an end to or to prevent the occurrence of circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.
Commencement Information
I78Sch. 9 para. 37 in force at 7.12.2022, see art. 1
38.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works including without limitation—
(a)any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid—
(i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 35(3); or
(ii)exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid;
(b)in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;
(c)the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;
(d)the approval of plans;
(e)the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;
(f)the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.
(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 43 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.
(4) For the purposes of sub-paragraph (3)—
(a)an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.
(5) Any amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) will, 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 National Grid 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.
Commencement Information
I79Sch. 9 para. 38 in force at 7.12.2022, see art. 1
39.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will—
(a)bear and pay on demand accompanied by an invoice or claim from National Grid the cost reasonably and properly incurred by National Grid in making good such damage or restoring the supply; and
(b)indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid other than arising from any default of National Grid.
(2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.
(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—
(a)any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents;
(b)any part of the authorised works carried out by National Grid in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 9 (consent to transfer benefit of Order).
(4) National Grid must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.
(5) National Grid must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.
(6) National Grid must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid’s control and if reasonably requested to do so by the undertaker National Grid must provide an explanation of how the claim has been minimised, where relevant.
Commencement Information
I80Sch. 9 para. 39 in force at 7.12.2022, see art. 1
40. Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Commencement Information
I81Sch. 9 para. 40 in force at 7.12.2022, see art. 1
41.—(1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or National Grid requires the removal of apparatus under paragraph 35(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 37, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid must use its best endeavours to co-operate with the undertaker for that purpose.
(2) For the avoidance of doubt whenever the undertaker’s or National Grid’s consent, agreement or approval is required in relation to plans, documents or other information submitted under this Part of this Schedule, or agreement is required to be reached between the parties under this Part of this Schedule, it must not be unreasonably withheld or delayed.
Commencement Information
I82Sch. 9 para. 41 in force at 7.12.2022, see art. 1
42. If in consequence of the agreement reached in accordance with paragraph 34(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.
Commencement Information
I83Sch. 9 para. 42 in force at 7.12.2022, see art. 1
43. Save for differences or disputes arising under paragraph 35(2), 35(4) and 36(1), any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 44 (arbitration).
Commencement Information
I84Sch. 9 para. 43 in force at 7.12.2022, see art. 1
44. Notwithstanding article 43 (service of notices), any plans submitted to National Grid by the undertaker pursuant to paragraph 37 must be sent to National Grid Plant Protection at plantprotection@nationalgrid.com or such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.
Commencement Information
I85Sch. 9 para. 44 in force at 7.12.2022, see art. 1
45. For the protection of Cadent the following provisions will, unless otherwise agreed in writing between the undertaker and Cadent, have effect.
Commencement Information
I86Sch. 9 para. 45 in force at 7.12.2022, see art. 1
46. In this Part of this Schedule—
“alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of Cadent to enable Cadent to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by Cadent for the purposes of Cadent’s undertaking together with any replacement apparatus and such other apparatus constructed pursuant to this Order that becomes operational apparatus of Cadent for the purposes of Cadent’s undertaking and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;
“Cadent” means Cadent Gas Limited and includes its successors in title or any successor as a gas transporter within the meaning of Part 1 of the Gas Act 1986;
“Cadent’s undertaking” means the rights, duties and obligations of Cadent Gas Limited as a public gas transporter within the meaning of section 7 of the Gas Act 1986 (as amended by the Gas Act 1995);
“commence” has the same meaning as in article 2(1) (interpretation) and “commencement” shall be construed to have the same meaning save that for the purposes of this Part of the Schedule the terms “commence” and “commencement” include any below ground surveys, monitoring, work operations, remedial work in respect of any contamination or other adverse ground conditions, the receipt and erection of construction plant and equipment, and non-intrusive investigations for the purpose of assessing ground conditions;
“deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;
“facilities and rights” for construction and for maintenance include any appropriate working areas required to reasonably and safely undertake that construction or maintenance, and any necessary rights of access;
“functions” includes powers and duties;
“ground mitigation scheme” means a scheme approved by Cadent (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;
“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, shall require the undertaker to submit for Cadent’s approval a ground mitigation scheme;
“ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;
“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
“maintain” and “maintenance” for the purposes of this Part of the Schedule shall have effect as if Cadent’s existing apparatus was authorised development and as if the term maintain includes protect and use, improve, landscape, preserve, decommission, refurbish or replace;
“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;
“rights” includes restrictive covenants and, in relation to decommissioned apparatus, the surrender of rights, release of liabilities and transfer of decommissioned apparatus; and
“specified works” means any of the authorised development or activities (including maintenance) undertaken in association with the authorised development which—
will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under sub-paragraph 51(2) (removal of apparatus) or otherwise; or
may in any way adversely affect any apparatus the removal of which has not been required by the undertaker under sub-paragraph 51(2) (removal of apparatus) or otherwise.
Commencement Information
I87Sch. 9 para. 46 in force at 7.12.2022, see art. 1
47.—(1) This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and Cadent are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act except for—
(a)paragraphs 48 (apparatus of Cadent in stopped up streets), 53 (retained apparatus: protection of Cadent), 54 (expenses) and 55 (indemnity); and
(b)where sub-paragraph (2) applies, paragraphs 51 (removal of apparatus) and 52 (facilities and rights for alternative apparatus).
(2) This sub-paragraph applies where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within the existing adopted public highway, notwithstanding that any diversion may be carried out under the provisions of Part 3 of the 1991 Act.
(3) Paragraph 54 (expenses) does not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—
(a)the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and
(b)the allowable costs are to be borne by the undertaker and Cadent in such proportions as may be prescribed by any such regulations.
Commencement Information
I88Sch. 9 para. 47 in force at 7.12.2022, see art. 1
48.—(1) Where any street is stopped up under article 15 (permanent stopping up and restriction of use of highways, streets, and private means of access), if Cadent has any apparatus in the street or accessed via that street Cadent is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to Cadent, or procure the granting to Cadent of, legal easements reasonably satisfactory to Cadent in respect of such apparatus and access to it prior to the stopping up of any such street or highway, but nothing in this paragraph shall affect any right of the undertaker or of Cadent to require the removal of that apparatus under paragraph 51 (removal of apparatus).
(2) Notwithstanding the temporary alteration, diversion prohibition or restriction of the use of any street under the powers of article 14 (temporary alteration, diversion, prohibition and restriction of the use of streets), Cadent will be at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as it would have been entitled to do immediately before such temporary alteration, diversion prohibition or restriction of use of any such street in respect of any apparatus which at the time of the alteration, diversion prohibition or restriction of the use of any street was in that street.
Commencement Information
I89Sch. 9 para. 48 in force at 7.12.2022, see art. 1
49. The undertaker must exercise the powers conferred by article 20 (protective work to buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of Cadent such consent not to be unreasonably withheld or delayed.
Commencement Information
I90Sch. 9 para. 49 in force at 7.12.2022, see art. 1
50.—(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not appropriate or acquire any interest in land or appropriate, acquire, extinguish, interfere with or override any easement or other interest in land of Cadent otherwise than by agreement.
(2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out or maintenance of any part of the authorised development (or in such other timeframe as may be agreed between Cadent and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of Cadent or affect the provisions of any enactment or agreement regulating the relations between Cadent and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as Cadent reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between Cadent and the undertaker acting reasonably and which must be no less favourable on the whole to Cadent unless otherwise agreed by Cadent, and it will be the responsibility of the undertaker to procure or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development or maintenance thereof.
(3) The undertaker and Cadent agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus, including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by Cadent and other enactments relied upon by Cadent as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule prevail.
(4) Any agreement or consent granted by Cadent under paragraph 53 (retained apparatus: protection of Cadent) or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).
(5) As a condition of an agreement under sub-paragraph (1) that involves de-commissioned apparatus being left in situ the undertaker must accept a surrender of any existing easement or other interest of Cadent in such decommissioned apparatus and release Cadent from all liabilities in respect of such de-commissioned apparatus from the date of such surrender.
(6) Where an undertaker acquires land which is subject to any Cadent right or interest (including, without limitation, easements and agreements relating to rights or other interests) and the provisions of paragraph 51 (removal of apparatus) do not apply, the undertaker must, unless Cadent agrees otherwise—
(a)retain any notice of Cadent’s easement, right or other interest on the title to the relevant land when registering the undertaker’s title to such acquired land; and
(b)(where no such notice of Cadent’s easement, right or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register) include (with its application to register title to the undertaker’s interest in such acquired land at the Land Registry) a notice of Cadent’s easement, right or other interest in relation to such acquired land.
Commencement Information
I91Sch. 9 para. 50 in force at 7.12.2022, see art. 1
51.—(1) If, in the exercise of the powers conferred by this Order, including pursuant to any agreement reached in accordance with article 22 (compulsory acquisition of land), the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be decommissioned or removed under this Part of this Schedule and any right of Cadent to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, is in operation, and the facilities and rights referred to in sub-paragraph (2) have been provided, to the reasonable satisfaction of Cadent and in accordance with sub-paragraphs (2) to (5) inclusive.
(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to Cadent advance written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Cadent reasonably needs to move or remove any of its apparatus) the undertaker must afford to Cadent to its satisfaction (taking into account -paragraph 52(1) (facilities and rights for alternative apparatus) the necessary facilities and rights—
(a)for the construction of alternative apparatus; and
(b)subsequently for the maintenance of that apparatus.
(3) If the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, Cadent must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to assist the undertaker in obtaining the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for Cadent to use its compulsory purchase powers to this end unless it (in its absolute discretion) elects to so do.
(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Cadent and the undertaker.
(5) Cadent must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to Cadent of such facilities and rights as are referred to in sub-paragraph (2) or (3), then proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be decommissioned or removed under the provisions of this Part of this Schedule.
Commencement Information
I92Sch. 9 para. 51 in force at 7.12.2022, see art. 1
52.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for Cadent facilities and rights in land for the access to, construction and maintenance of alternative apparatus in substitution for apparatus to be decommissioned or removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and Cadent and must be no less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by Cadent.
(2) If the facilities and rights to be afforded by the undertaker and agreed with Cadent under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to Cadent than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed then the terms and conditions to which those facilities and rights are subject in the matter may be referred to arbitration in accordance with paragraph 59 (arbitration) and the arbitrator must make such provision for the payment of compensation by the undertaker to Cadent as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Commencement Information
I93Sch. 9 para. 52 in force at 7.12.2022, see art. 1
53.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to Cadent a plan and, if reasonably required by Cadent, a ground monitoring scheme in respect of those works.
(2) The plan to be submitted to Cadent under sub-paragraph (1) must include a method statement and describe—
(a)the exact position of the works;
(b)the level at which these are proposed to be constructed or renewed;
(c)the manner of their construction or renewal including details of excavation, positioning of plant etc.;
(d)the position of all apparatus;
(e)by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and
(f)any intended maintenance regimes.
(3) The undertaker must not commence any specified works until Cadent has given written approval of the plan so submitted (and the ground monitoring scheme if required).
(4) Any approval of Cadent given under sub-paragraph (3)—
(a)may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5); and
(b)must not be unreasonably withheld or delayed and Cadent must meaningfully engage with the undertaker within 28 days of the date of submission of the plan under sub-paragraph (1).
(5) Cadent may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.
(6) Specified works must only be executed in accordance with—
(a)the plan submitted under sub-paragraph (1) (and ground monitoring scheme if required), as approved or as amended from time to time by agreement between the undertaker and Cadent; and
(b)all conditions imposed under sub-paragraph (4)(a),
and Cadent will be entitled to watch and inspect the execution of those works.
(7) Where Cadent requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to Cadent’s satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required prior to commencement.
(8) If Cadent, in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 45 to 47 and 50 to 52 apply as if the removal of the apparatus had been required by the undertaker under sub-paragraph 51(2) (removal of apparatus).
(9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan (and ground monitoring scheme if required), instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan (and ground monitoring scheme if required).
(10) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development (including such an event attributable to its maintenance)—
(a)the undertaker must implement an appropriate ground mitigation scheme; and
(b)Cadent retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 54 (expenses).
(11) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to Cadent notice as soon as is reasonably practicable and a plan of those works and must comply with the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances.
(12) In this paragraph, “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.
Commencement Information
I94Sch. 9 para. 53 in force at 7.12.2022, see art. 1
54.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to Cadent on demand all charges, costs and expenses reasonably anticipated or reasonably incurred by Cadent in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised development including without limitation—
(a)any costs reasonably incurred by or compensation properly paid by Cadent in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs (including professional fees) incurred by Cadent as a consequence of Cadent—
(i)using its own compulsory purchase powers to acquire any necessary rights under paragraph 51(3) (removal of apparatus) if it elects to do so; or
(ii)exercising any compulsory purchase powers under this Order transferred to or benefitting Cadent;
(b)in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;
(c)the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;
(d)the approval of plans;
(e)the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;
(f)the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule;
(g)any watching brief pursuant to sub-paragraph 53(6) (retained apparatus: protection of Cadent).
(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 59 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to Cadent by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances (or it would be unlawful due to a statutory or regulatory change) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.
(4) For the purposes of sub-paragraph (3)—
(a)an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph would be payable to Cadent in respect of works by virtue of sub-paragraph (1) will, 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 Cadent 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.
Commencement Information
I95Sch. 9 para. 54 in force at 7.12.2022, see art. 1
55.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule (including without limitation relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised development (including works carried out under article 20 (protective work to buildings) by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development) or property of Cadent, or there is any interruption in any service provided, or in the supply of any goods, by Cadent, or Cadent becomes liable to pay any amount to any third party, the undertaker will—
(a)bear and pay on demand accompanied by an invoice or claim from Cadent, the cost reasonably incurred by Cadent in making good such damage or restoring the supply; and
(b)indemnify Cadent for any other expenses, loss, demands, proceedings, damages, claims, penalty, compensation or costs properly incurred by, paid by or recovered from Cadent, by reason or in consequence of any such damage or interruption or Cadent becoming liable to any third party as aforesaid other than arising from any default of Cadent.
(2) The fact that any act or thing may have been done by Cadent on behalf of the undertaker or in accordance with a plan approved by Cadent or in accordance with any requirement of Cadent or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless Cadent fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.
(3) Nothing in sub-paragraph (1) shall impose any liability on the undertaker in respect of—
(a)any damage or interruption to the extent that it is attributable to the neglect or default of Cadent, its officers, servants, contractors or agents;
(b)any part of the authorised development carried out by Cadent in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 9 (consent to transfer benefit of Order); and
(c)any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable at the commencement of the relevant works referred to in sub-paragraph (1).
(4) Cadent must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.
Commencement Information
I96Sch. 9 para. 55 in force at 7.12.2022, see art. 1
56. Except where in this Part of this Schedule provides otherwise or by agreement in writing between Cadent and the undertaker, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and Cadent in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.
Commencement Information
I97Sch. 9 para. 56 in force at 7.12.2022, see art. 1
57.—(1) Where in consequence of the proposed construction of any part of the authorised development, the undertaker or Cadent requires the removal of apparatus under paragraph 51(2) (removal of apparatus) or Cadent makes requirements for the protection or alteration of apparatus under paragraph 53 (retained apparatus: protection of Cadent), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of Cadent’s undertaking and Cadent must use its best endeavours to co-operate with the undertaker for that purpose.
(2) For the avoidance of doubt whenever Cadent’s consent, agreement or approval is required in relation to plans, documents or other information submitted by Cadent or the taking of action by Cadent, it must not be unreasonably withheld or delayed.
Commencement Information
I98Sch. 9 para. 57 in force at 7.12.2022, see art. 1
58. If in consequence of any agreement reached in accordance with paragraph 50(1) (acquisition of land) or the powers conferred by this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable Cadent to maintain or use the apparatus no less effectively than was possible before such obstruction.
Commencement Information
I99Sch. 9 para. 58 in force at 7.12.2022, see art. 1
59. Save for differences or disputes arising under paragraphs 51(2) or 51(4) (removal of apparatus) or 53(11) (retained apparatus protection of Cadent) any difference or dispute arising between the undertaker and Cadent under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and Cadent, be determined by arbitration in accordance with article 45 (arbitration).
Commencement Information
I100Sch. 9 para. 59 in force at 7.12.2022, see art. 1
60. Notwithstanding article 43 (service of notices) the plans submitted to Cadent by the undertaker pursuant to paragraph 53(1) (retained apparatus protection of Cadent) must be sent to Cadent Gas Limited Plant Protection via email to plantprotection@cadentgas.com as well as by post to Plant Protection Limited, Cadent Gas limited, Brick Kiln Street, Hinckley, Leicestershire, LE10 0NA or such other address as Cadent may from time to time appoint instead for that purpose and notify to the undertaker in writing.
Commencement Information
I101Sch. 9 para. 60 in force at 7.12.2022, see art. 1
61.—(1) The following provisions will apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.E+W+S
(2) In this part of this Schedule—
“the Agency” means the Environment Agency;
“emergency” means a situation which—
is unexpected, in that there is little or no warning, or aspects of the event could not have reasonably been predicted in advance;
is a serious event presenting a risk of harm or damage to people, property or the environment; and
requires a need for urgent action, in that immediate action is required to address the risk of harm, repair or prevent a worsening of the situation; and
“relevant watercourse” means so much of the River Etherow as the context requires.
Commencement Information
I102Sch. 9 para. 61 in force at 7.12.2022, see art. 1
62.—(1) Where in the exercise of the powers conferred by this Order, the undertaker proposes to interfere with or obstruct access by the Agency to a relevant watercourse, it must give the Agency 56 days’ written notice of that requirement.E+W+S
(2) Except in cases of emergency where the undertaker interferes with or obstructs access by the Agency to a relevant watercourse and it is not possible for the undertaker to give the Agency the notice required under sub-paragraph (1), a suitable alternative access must be provided prior to and for the duration of any such interference.
Commencement Information
I103Sch. 9 para. 62 in force at 7.12.2022, see art. 1
63. If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest of the Agency in any land or proposes to interfere with, or remove, any of the Agency’s apparatus it must give the Agency 56 days’ written notice before any such interest is acquired or any apparatus is interfered with or removed.E+W+S
Commencement Information
I104Sch. 9 para. 63 in force at 7.12.2022, see art. 1
64. The undertaker must indemnify the Agency in respect of all costs, charges and expenses which it may reasonably incur or which it may sustain in the examination of approval of plans or other matters under this Part of this Schedule.E+W+S
Commencement Information
I105Sch. 9 para. 64 in force at 7.12.2022, see art. 1
65. Any dispute arising between the undertaker and the Agency under this Part of this Schedule is to be determined in accordance with article 44 (arbitration).E+W+S
Commencement Information
I106Sch. 9 para. 65 in force at 7.12.2022, see art. 1
Articles 2 and 42
Commencement Information
I107Sch. 10 in force at 7.12.2022, see art. 1
The reference to a document in the table with a numbered regulation is a reference to the regulation as numbered in the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(23).
(1) Document | (2) Document Reference | (3) Revision |
---|---|---|
Book of reference – Regulation 5(2)(d) | TR010034/APP/4.3 | 6 |
Classification of roads plans – Regulation 5(2)(o) | TR010034/APP/2.11 | 2 |
Engineering drawings and sections – Regulations 5(2)(o), 5(4) and 6(2) | TR010034/APP/2.7 | 3 |
Environmental statement (including the Register of Environmental Statement Changes) – Regulation 5(2)(a) | TR010034/APP/6.1 – 6.3 | Chapter and figure revisions are detailed in the Register of Environmental Statement Changes (reference TR010034/EXAM/9.61/REP10-008) |
First iteration environmental management plan (including the Register of Environmental Actions and Commitments) – Regulation 5(2)(q) | TR010034/APP/7.2 – TR010034/APP/7.3 | 5 7 |
Flood risk assessment – Regulation 5(2)(e) | TR010034/APP/5.5 | 6 |
Habitat regulations assessment screening report – Regulation 5(2)(g) | TR010034/APP/5.3 | 2 |
Land plans – Regulation 5(2)(i) | TR010034/APP/2.2 | 2 |
Location plan – Regulation 5(2)(o) | TR010034/APP/2.1 | 1 |
Outline Landscape and Ecological Management and Monitoring Plan | TR010034/EXAM/9.40 | 4 |
Scheme layout plan – Regulation 5(2)(o) | TR010034/APP/2.6 | 5 |
Speed limits and traffic regulations plans - Regulation 5(2)(o) | TR010034/APP/2.5 | 2 |
Streets, rights of way and access plans - Regulation 5(2)(k) | TR010034/APP/2.4 | 6 |
Temporary works plans - Regulation 5(2)(o) | TR010034/APP/2.8 | 2 |
TPO and hedgerow plans – Regulation 5(2)(o) | TR010034/APP/2.13 | 1 |
Water framework directive assessment – Regulation 5(2)(a) | TR010034/APP/5.4 | 2 |
Works plans – Regulation 5(2)(j) | TR010034/APP/2.3 | 6 |
Section 22 was substituted by article 3 of S.I. 2013/1883 and amended by section 1(6) of, and paragraph 153 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).
Section 115(2) was amended by section 160(1) and (3) of the Housing and Planning Act 2016 (c. 22).
1990 c. 43. Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86(2) of the Water Act 2003 c. 37.
Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.
Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.
Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.
Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraphs 2 and 4 of Schedule 16 to the Housing and Planning Act 2016.
Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).
Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.
1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).
1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6 and Schedule 8 to, the Utilities Act 2000, section 149(5) of the Energy Act 2004 (c. 20) and by S.I. 2011/2704.
Section 102 was amended by sections 96(1)(c) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003 (c. 37) and section 56 of, and paragraph 90 of Schedule 7 to the Water Act 2014 (c. 21).
Section 104 was amended by sections 96(4) of the Water Act 2003, section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(2) of the Water Act 2014.
Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).
1991 c. 59. The definition of “drainage board” is in section 23(8), which was amended by paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29).
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: