The A47 Wansford to Sutton Development Consent Order 2023

PART 2 E+W+S PRINCIPAL POWERS

Development consent etc. granted by the Order E+W+S

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

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

(3) In this article “land adjacent to the Order limits” means any land outside but adjacent to the Order limits which is reasonably necessary to construct or maintain the authorised development or any section or part of the authorised development.

Commencement Information

I1 Art. 5 in force at 10.3.2023, see art. 1

Maintenance of authorised development E+W+S

6.  The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Commencement Information

I2 Art. 6 in force at 10.3.2023, see art. 1

Planning permission E+W+S

7.  If planning permission is granted under the powers conferred by the 1990 Act for development any part of which is within the Order limits following the coming into force of this Order that is—

(a) not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; or

(b) required to complete or enable the use or operation of any part of the development authorised by this Order,

then the carrying out, use or operation of such development under the terms of the planning permission does not constitute a breach of the terms of this Order.

Commencement Information

I3 Art. 7 in force at 10.3.2023, see art. 1

Limits of deviation E+W+S

8.—(1) In constructing Work Nos. 1, 2, 6, 11, 12, 13, 15, 19, 20, 21, 22, 23, 37, 40, 41, 42, 43, 44, 45, 47, 51, 53 and 55 the undertaker may—

(a) deviate laterally from the centrelines shown on the works plans to the extent that the situation of the centreline is varied by up to a maximum of 3 metres either side of the centreline of that work as shown on the works plans provided the works do not extend beyond the Order limits; and

(b) deviate by up to 3 metres from the points of commencement and termination.

(2) In constructing any other work comprised in the authorised development the undertaker must construct any such work within the lateral limits of deviation shown on the works plan for the relevant work except that these maximum limits of lateral deviation and commencement and termination limits of deviation do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects from those reported in the environmental statement.

(3) In carrying out any work comprised in the authorised development the undertaker may deviate vertically from the levels of the authorised development shown on the engineering drawings and sections, to a maximum of 1 metre upwards or 1 metre downwards, except that these maximum limits of vertical deviation do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Commencement Information

I4 Art. 8 in force at 10.3.2023, see art. 1

Benefit of Order E+W+S

9.—(1) Subject to article 10 (consent to transfer benefit of Order) and paragraph (2), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

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

Commencement Information

I5 Art. 9 in force at 10.3.2023, see art. 1

Consent to transfer benefit of Order E+W+S

10.—(1) Subject to paragraph (5) the undertaker may with the written consent of the Secretary of State—

(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (5), include references to the transferee or the lessee.

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

(4) If the benefit of the provisions of this Order relating to compulsory acquisition is transferred or granted to a transferee or lessee pursuant to this article and the transferee or lessee exercises those powers then the undertaker alone is liable for any compensation that is payable to another party as a consequence of the exercise of those powers by the transferee or lessee.

(5) The consent of the Secretary of State is required for a transfer or grant under this article, except where the transfer or grant is made to—

(a) Anglian Water for the purposes of undertaking Work Nos. 27 and 49;

(b) NGED for the purposes of undertaking Work Nos. 3, 5, 8, 9, 14, 18, 26, 29, 36, 48, 52, 54, 57 and 58; or

(c) NGG for the purposes of undertaking Work No. 4.

Commencement Information

I6 Art. 10 in force at 10.3.2023, see art. 1