PART 2WORKS PROVISIONS
Principal Powers
Development consent, etc. granted by the Order4
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.
2
Any enactment applying to land within or adjacent to the Order limits has effect subject to the provisions of this Order.
Maintenance of the authorised development5
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.
Planning permission6
1
Subject to paragraph (3), 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 not—
a
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 construction, maintenance, use or operation of that development under the terms of the planning permission does not constitute a breach of the terms of this Order.
2
Except as expressly provided, nothing in this Order is to prejudice the operation of, and the powers and duties of the undertaker under, the 1980 Act, the 1991 Act and the Town and Country Planning (General Permitted Development) (England) Order 201537.
3
Within the World Heritage Site, the undertaker may not rely on planning permission granted by class B of Part 9 (development relating to roads) of Schedule 2 (permitted development rights) of the Town and Country Planning (General Permitted Development) (England) Order 2015 for any part of the authorised development.
Limits of deviation7
1
The following provisions of this article have effect subject to the requirement that the undertaker must, save for any works or operations authorised under articles 14 (protective works to buildings) or 15 (authority to survey and investigate land), construct the authorised development within the Order limits.
2
In constructing and maintaining the non-linear works comprised in the authorised development, the undertaker may deviate laterally within the limits of deviation for those works shown on the works plans, to the extent the undertaker considers necessary.
3
In constructing or maintaining the linear works comprised in the authorised development the undertaker may deviate laterally from the lines or situations shown on the works plans to the extent of the Order limits, so far as the undertaker considers to be necessary, save that—
a
in constructing or maintaining any linear work, other than Work No. 1F, in deviating laterally from the centrelines shown on the works plans, the situation of the centreline may be varied up to a maximum of 3 metres either side of the centreline of that work as shown on the works plans;
b
in constructing or maintaining Work No. 1F, the undertaker may deviate laterally within the Order limits so far as the undertaker considers to be necessary, and the lateral limits of deviation provided for in sub-paragraph (a) does not apply; and
c
in constructing or maintaining the authorised development comprised in Work No. 6(a), the undertaker may deviate laterally only within the bounds of the carriageway and verges of the existing A303 (to be de-trunked under this Order).
4
Except in the case of Work No. 1F, in constructing or maintaining the authorised development, the undertaker may deviate vertically from the levels shown on the engineering section drawings (plan and profiles) and the engineering section drawings (cross sections)—
a
to any extent upwards as the undertaker considers to be necessary but not exceeding 0.5 metres, or, in relation to the parts of the authorised development referred to in column (1) of the table below, not exceeding the permitted limit for each such part, set out in the corresponding entry in column (2) of that table; and
b
subject to paragraph (5), to any extent downwards as the undertaker considers to be necessary, but not exceeding 1 metre, or, in relation to the parts of the authorised development referred to in column (1) of the table below, not exceeding the permitted limit for each such part, set out in the corresponding entry in column (3) of that table.
(1) Part of authorised development | (2) Upwards vertical limit of deviation | (3) Downwards vertical limit of deviation |
|---|---|---|
Works Nos. 1A and 2 | 1 metre | 1 metre |
Work Nos. 1B and 1H | 0.5 metres | 0.5 metres |
Work Nos. 1C, 3A, 3B, 3C, 4, 5 and 7 | 0.5 metres | 1 metre |
(1) Work No. 1D, save for | (1) 0.5 metres | (1) 3 metres |
(2) the level of the ground above the structure comprised in Work No. 1D(i), which is to be reinstated at existing ground level subject to the limits in columns (2) and (3) which are to apply by reference to existing ground level | (2) 0.25 metres | (2) 0.25 metres |
(1) Work No. 1E, save for | (1) 0.5 metres | (1) 4 metres |
(2) the level of the ground above the structures comprised in Work No. 1E(i), which is to be reinstated at existing ground level subject to the limits in columns (2) and (3) which are to apply by reference to existing ground level | (2) 0.25 metres | (2) 0.25 metres |
(1) Work No. 1G save for | (1) 0.5 metres | (1) 3 metres |
(2) the level of the ground above the structures comprised in Work No. 1G(i) and (ii), which is to be reinstated at existing ground level subject to the limits in columns (2) and (3) which are to apply by reference to existing ground level | (2) 0.25 metres | (2) 0.25 metres |
Work No. 6 | 0.25 metres | 0.25 metres |
Work No. 8 | 3 metres | 3 metres, but not lower than the existing ground levels |
5
In constructing and maintaining the authorised development comprised in Work No. 1F the undertaker may deviate vertically—
a
upwards, to the maximum upper limit of deviation for the crown of the tunnel, as shown on the tunnel limits of deviation plan;
b
upwards, to the maximum upper limit of deviation for the finished road level shown on the tunnel limits of deviation plan; and
c
downwards, to a depth not exceeding the level at 36 metres above ordnance datum.
6
The maximum vertical limits of deviation referred to in paragraphs (4) and (5) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State certifies accordingly, following consultation with the planning authority and any other person the Secretary of State considers appropriate having regard to the proposed deviation in question and the statutory roles and responsibilities of such person, 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.
7
Without limitation on the scope of paragraphs (2) to (6), in constructing or maintaining the authorised development the undertaker may—
a
subject to sub-paragraph (b), deviate by up to 3 metres from the points of commencement and termination of any linear works;
b
in relation to the points of commencement and termination of the parts of the authorised development referred to in column (1) of the table below, the undertaker may deviate from those points of commencement and termination so far as the undertaker considers it necessary, in a generally westerly direction by the corresponding limit set out in column (2) or in a generally easterly direction by the corresponding limit set out in column (3); and
c
in constructing or maintaining Work Nos. 1E, 1F and 1G, deviate from the design of any tunnel or tunnel structure and vary the number of tunnel cross-passages shown on the engineering section drawings (plan and profiles) and the engineering section drawings (cross sections) to the extent that to do so would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
(1) Part of the authorised development | (2) Deviation permitted in a generally westerly direction | (3) Deviation permitted in a generally easterly direction |
|---|---|---|
Point of commencement of Work No. 1E and point of termination of Work No. 1D | 200 metres | 1 metre |
Point of commencement of Work No. 1F and point of termination of Work No. 1E | 200 metres | 1 metre |
Point of commencement of Work No. 1G and point of termination of Work No. 1F | 1 metre | 30 metres |
Point of commencement of Work No. 1H and point of termination of Work No. 1G | 1 metre | 30 metres |
8
In this article, references to—
a
“linear works” are references to any works shown on the works plans by way of a centreline; and
b
“non-linear works” are references to any other works shown on the works plans.
9
Despite the provisions of article 2(4), the distances and lengths referred to in this article are not to be taken as being approximate.