xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 PRELIMINARY
1.Citation and commencement
2.Interpretation
PART 2 PRINCIPAL POWERS
3.Development consent etc. granted by the Order
4.Maintenance of authorised development
5.Maintenance of drainage works
6.Planning permission
7.Limits of deviation
8.Benefit of Order
9.Consent to transfer benefit of Order
PART 3 STREETS
10.Application of the 1991 Act
11.Construction and maintenance of new, altered or diverted streets and other structures
12.Access to works
13.Temporary stopping up and restriction of use of streets
14.Use of private roads
15.Permanent stopping up of streets
16.Classification of roads, etc.
17.Clearways
18.Traffic regulation
PART 4 SUPPLEMENTAL POWERS
19.Discharge of water
20.Powers in relation to watercourses
21.Protective work to buildings
22.Authority to survey and investigate the land
23.Felling or lopping of trees and removal of hedgerows
24.Trees subject to tree preservation orders
PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND
25.Compulsory acquisition of land
26.Compulsory acquisition of land – incorporation of the mineral code
27.Time limit for exercise of authority to acquire land compulsorily
28.Compulsory acquisition of rights and imposition of restrictive covenants
29.Private rights over land
30.Modification of Part 1 of the 1965 Act
31.Application of the 1981 Act
32.Acquisition of subsoil or airspace only
33.Rights under or over streets
34.Temporary use of land for carrying out the authorised development
35.Temporary use of land for maintaining the authorised development
36.Crown rights
37.Statutory undertakers
38.Apparatus and rights of statutory undertakers in stopped up streets
39.Recovery of costs of new connections
40.Special category land
PART 6 MISCELLANEOUS AND GENERAL
41.Application of landlord and tenant law
42.Operational land for purposes of the 1990 Act
43.Defence to proceedings in respect of statutory nuisance
44.Protection of interests
45.Certification of documents, etc.
46.Service of notices
47.Disapplication of legislative provisions
48.Amendment of local legislation
49.No double recovery
50.Disregard of certain improvements etc.
51.Set off for enhancement in value of retained land
52.Appeals relating to the Control of Pollution Act 1974
53.Arbitration
Signature
SCHEDULES
SCHEDULE 1
AUTHORISED DEVELOPMENT
SCHEDULE 2
REQUIREMENTS
PART 1 REQUIREMENTS
1.Interpretation
2.Time limits
3.Detailed design
4.Construction Environmental Management Plan
5.Landscaping
6.Contaminated land and groundwater
7.Protected species
8.Surface and foul water drainage
9.Archaeological remains
10.Traffic management
11.Trees
12.Approvals and amendments to approved details
13.Fencing
14.Operation of M25 Junction 28 Roundabout
15.Maylands Golf Course accommodation works
16.Grove Farm
17.Non-motorised users’ route
18.Code of construction practice
19.Gardens of Peace Muslim Cemetery
PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS
20.Applications made under requirements
21.Further information
22.Register of requirements
23.Anticipatory steps towards compliance with any requirement
24.Details of consultation
SCHEDULE 3
PERMANENT STOPPING UP OF STREETS
PART 1 HIGHWAYS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 2 PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 4
CLASSIFICATION OF ROADS, ETC.
PART 1 SPECIAL ROADS
PART 2 TRANSPORT FOR LONDON ROAD NETWORK
PART 3 TRUNK ROADS
PART 4 SPEED LIMITS
PART 5 TRAFFIC REGULATION MEASURES (CLEARWAYS)
PART 6 OTHER PUBLIC RIGHTS OF WAY
SCHEDULE 5
TREES SUBJECT TO TREE PRESERVATION ORDERS
SCHEDULE 6
LAND IN WHICH NEW RIGHTS ONLY ETC. MAY BE ACQUIRED
SCHEDULE 7
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
Compensation enactments
1.The enactments for the time being in force with respect...
2.(1) Without limitation on the scope of paragraph 1, the...
3.(1) Without limitation on the scope of paragraph 1, the...
Application of the 1965 Act
4.Part 1 of the 1965 Act as applied by section...
5.(1) The modification referred to in paragraph 4(a) are as...
SCHEDULE 8
LAND OF WHICH TEMPORARY POSSESSION ONLY MAY BE TAKEN
SCHEDULE 9
PROTECTIVE PROVISIONS
PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
Application
1.For the protection of the utility undertakers referred to in...
Interpretation
2.In this Part of this Schedule— “alternative apparatus” means alternative...
On street apparatus
3.This Part of this Schedule does not apply to apparatus...
Apparatus in stopped up streets
4.(1) Where any street is stopped up under article 15...
Protective works to buildings
5.The undertaker, in the case of the powers conferred by...
Acquisition of land
6.Regardless of any provision in this Order or anything shown...
Removal of apparatus
7.(1) If, in the exercise of the powers conferred by...
Facilities and rights for alternative apparatus
8.(1) Where, in accordance with the provisions of this Part...
Retained apparatus
9.(1) Not less than 28 days before starting the execution...
Expenses and costs
10.(1) Subject to the following provisions of this paragraph, the...
11.(1) Subject to sub-paragraphs (2) and (3), if by reason...
Co-operation
12.Where in consequence of the proposed construction of any of...
13.Nothing in this Part of this Schedule affects the provisions...
PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
14.For the protection of any operator, the following provisions have...
15.In this Part of this Schedule— “the 2003 Act” means...
16.The exercise of the powers conferred by article 37 (statutory...
17.(1) Subject to sub-paragraphs (2) to (4), if as the...
PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
18.(1) The following provisions will apply for the protection of...
19.(1) Before beginning to construct any specified work, the undertaker...
20.Without limiting paragraph 19, the requirements which the Agency may...
21.(1) Subject to sub-paragraph (2), any specified work, and all...
22.(1) Subject to sub-paragraph (6) the undertaker must from the...
23.If by reason of the construction of any specified work...
24.If by reason of construction of the specified work the...
25.(1) The undertaker must take all such measures as may...
26.The undertaker must repay to the Agency all reasonable costs,...
27.(1) The undertaker must make reasonable compensation for costs and...
28.Any dispute arising between the undertaker and the Agency under...
PART 4 FOR THE PROTECTION OF DRAINAGE AUTHORITIES
29.The following provisions of this Part of this Schedule apply...
30.In this Part of this Schedule— “construction” includes execution, placing,...
31.(1) Before beginning to construct any specified work in relation...
32.The requirements or conditions which the drainage authority may make...
33.(1) Any specified work in relation to a key watercourse,...
34.(1) Subject to sub-paragraph (6), from the commencement of the...
35.(1) The undertaker must make reasonable compensation for costs, charges...
36.Any dispute arising between the undertaker and the drainage authority...
PART 5 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
Application
37.(1) For the protection of National Grid as referred to...
Interpretation
38.In this Part of this Schedule— “alternative apparatus” means appropriate...
39.Except for paragraphs 40 (apparatus of National Grid in stopped...
Apparatus of National Grid in stopped up streets
40.(1) Where any street is stopped up under article 15...
Protective works to buildings
41.The undertaker must exercise the powers conferred by article 21...
Acquisition of land
42.(1) Regardless of any provision in this Order or anything...
Removal of apparatus
43.(1) If, in the exercise of the powers conferred by...
Facilities and rights for alternative apparatus
44.(1) Where, in accordance with the provisions of this Part...
Retained apparatus: protection of electricity undertaker
45.(1) Not less than 56 days before the commencement of...
Retained apparatus: protection of gas undertaker
46.(1) Not less than 56 days before the commencement of...
Expenses
47.(1) Subject to the following provisions of this paragraph, the...
Indemnity
48.(1) Subject to sub-paragraphs (2) and (3), if by reason...
Enactments and agreements
49.Nothing in this Part of this Schedule affects the provisions...
Co-operation
50.(1) Where in consequence of the proposed construction of any...
Access
51.If in consequence of the agreement reached in accordance with...
Arbitration
52.Save for differences or disputes arising under paragraphs 43(2), 43(4)...
Notices
53.Notwithstanding article 46 (service of notices), any plans submitted to...
PART 6 FOR THE PROTECTION OF CADENT GAS LIMITED
Application
54.For the protection of Cadent the following provisions will, unless...
Interpretation
55.In this Part of this Schedule— “alternative apparatus” means appropriate...
On Street apparatus
56.(1) This Part of this Schedule does not apply to...
Apparatus of Cadent in stopped up streets
57.(1) Where any street is stopped up under article 15...
Protective works to buildings
58.The undertaker must exercise the powers conferred by article 21...
Acquisition of land
59.(1) Regardless of any provision in this Order or anything...
Removal of apparatus
60.(1) If, in the exercise of the powers conferred by...
Facilities and rights for alternative apparatus
61.(1) Where, in accordance with the provisions of this Part...
Retained apparatus: protection of Cadent
62.(1) Not less than 56 days before the commencement of...
Expenses
63.(1) Subject to the following provisions of this paragraph, the...
Indemnity
64.(1) Subject to sub-paragraphs (2) and (3), if by reason...
Enactments and agreements
65.Except where this Part of this Schedule provides otherwise, nothing...
Co-operation
66.(1) Where in consequence of the proposed construction of any...
Access
67.If in consequence of any agreement reached in accordance with...
Arbitration
68.Save for differences or disputes arising under sub-paragraphs 60(2) and...
Notices
69.Notwithstanding article 46 (service of notices) any plans submitted to...
PART 7 FOR THE PROTECTION OF TRANSPORT FOR LONDON
Application
70.The provisions of this Part of this Schedule have effect...
Interpretation
71.In this Part of this Schedule— “Commuted Sum” means the...
Costs
72.The undertaker must pay to Transport for London in respect...
Commuted Sum
73.(1) The undertaker must use reasonable endeavours to agree with...
Disputes
74.Any difference arising between the undertaker and Transport for London...
SCHEDULE 10
DOCUMENTS TO BE CERTIFIED
Explanatory Note