Introductory Text
PART 1 PRELIMINARY
1.Citation and commencement
2.Interpretation
3.Disapplication of legislative provisions
4.Maintenance of drainage works
PART 2 PRINCIPAL POWERS
5.Development consent etc. granted by the Order
6.Maintenance of authorised development
7.Application of the 1990 Act
8.Planning permission
9.Limits of deviation
10.Benefit of Order
11.Consent to transfer benefit of Order
PART 3 STREETS
12.Application of the 1991 Act
13.Construction and maintenance of new, altered or diverted streets and other structures
14.Classification of roads, etc.
15.Speed limits
16.Power to alter layout etc. of streets
17.Street Works
18.Temporary alteration, diversion, prohibition and restriction of the use of streets
19.Permanent stopping up and restriction of use of streets and private means of access
20.Public rights of way
21.Access to works
22.Clearways, prohibitions and restrictions
23.Traffic Regulation
PART 4 SUPPLEMENTAL POWERS
24.Discharge of water
25.Protective work to buildings
26.Authority to survey and investigate the land
PART 5 POWERS OF ACQUISITION
27.Compulsory acquisition of land
28.Compulsory acquisition of land – incorporation of the mineral code
29.Time limit for exercise of authority to acquire land compulsorily
30.Compulsory acquisition of rights and imposition of restrictive covenants
31.Private rights over land
32.Power to override easements and other rights
33.Disregard of certain interests and improvements
34.Set-off for enhancement in value of retained land
35.No double recovery
36.Modification of Part 1 of the 1965 Act
37.Application of the 1981 Act
38.Acquisition of subsoil or airspace only
39.Rights under or over streets
40.Temporary use of land for carrying out the authorised development
41.Temporary use of land for maintaining the authorised development
42.Statutory undertakers
43.Apparatus and rights of statutory undertakers in stopped up streets
44.Recovery of costs of new connections
45.Special category land
PART 6 OPERATIONS
46.Felling or lopping of trees and removal of hedgerows
47.Trees subject to tree preservation orders, etc.
PART 7 MISCELLANEOUS AND GENERAL
48.Application of landlord and tenant law
49.Operational land for purposes of the 1990 Act
50.Defence to proceedings in respect of statutory nuisance
51.Removal of human remains
52.Crown Rights
53.Use of private roads for construction
54.Disapplication of local legislation
55.Disapplication and modification of byelaws
56.Use of land between Bury Lane and Station Road, Hatfield Peverel
57.Use of consecrated land
58.Protective provisions
59.Certification of documents, etc.
60.Service of notices
61.Arbitration
Signature
SCHEDULES
SCHEDULE 1
AUTHORISED DEVELOPMENT
In the County of Essex, in the administration areas of Chelmsford City Council, Braintree District Council, Maldon District Council and Colchester City Council.
Permanent Works
Temporary Works
Utilities Works
Other associated development
SCHEDULE 2
REQUIREMENTS
PART 1 REQUIREMENTS
1.Interpretation
2.Time limits
3.Second Iteration EMP
4.Third Iteration EMP
5.Landscaping
6.Contaminated Land and groundwater
7.Archaeology
8.Protected species
9.Traffic management
10.Detailed design
11.Surface and foul water drainage
12.Flood risk assessment
13.Noise mitigation
14.Boreham operation phase traffic mitigation measures
15.Messing operation phase traffic mitigation measures
16.Operation phase local traffic monitoring
17.Pre-commencement works
18.Junction 21
19.De-trunking
20.Walking, cycling and horse-riding bridges
21.Approvals and amendments to approved details
PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS
22.Applications made under requirements
23.Further information
24.Register of requirements
25.Anticipatory steps towards compliance with any requirement
26.Timing of consultation
27.Details of consultation
SCHEDULE 3
CLASSIFICATION OF ROADS, ETC.
PART 1 TRUNK ROADS
PART 2 CLASSIFIED A ROADS
PART 3 CLASSIFIED B ROADS
PART 4 CLASSIFIED C ROADS
PART 5 UNCLASSIFIED ROADS
PART 6 SPEED LIMITS
PART 7 VARIABLE SPEED LIMITS
PART 8 TRAFFIC REGULATION MEASURES (CLEARWAYS)
PART 9 TRAFFIC REGULATION MEASURES (PROHIBITIONS)
PART 10 TRAFFIC REGULATION MEASURES (NO ENTRY)
PART 11 TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)
PART 12 REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
PART 13 FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS
PART 14 ROADS TO BE DE-TRUNKED
SCHEDULE 4
PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
PART 2 HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 3 NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 5 NEW PRIVATE MEANS OF ACCESS WHICH ARE TO BE PROVIDED
PART 6 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 5
LAND IN WHICH NEW RIGHTS ETC. MAY BE ACQUIRED
SCHEDULE 6
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
1.Compensation enactments
2.(1) Without limitation on the scope of paragraph 1, the...
3.(1) Without limitation on the scope of paragraph 1, the...
4.Application of Part 1 of the 1965 Act
5.(1) The modifications referred to in paragraph 4(a) are as...
SCHEDULE 7
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 8
SPECIAL CATEGORY LAND
PART 1 SPECIAL CATEGORY LAND FOR WHICH REPLACEMENT LAND IS PROVIDED
PART 2 SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS PROVIDED
PART 3 SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS NOT PROVIDED
PART 4 REPLACEMENT LAND
SCHEDULE 9
HEDGEROWS AND TREES
PART 1 REMOVAL OF IMPORTANT HEDGEROWS
PART 2 REMOVAL OF OTHER HEDGEROWS
PART 3 TREES SUBJECT TO TREE PRESERVATION ORDERS
SCHEDULE 10
DISAPPLICATION AND MODIFICATION OF BYELAWS
SCHEDULE 11
PROTECTIVE PROVISIONS
PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
1.For the protection of the utility undertakers referred to in...
2.In this Part of this Schedule— “alternative apparatus” means alternative...
3.On street apparatus
4.Apparatus in stopped up streets
5.Protective works to buildings
6.Acquisition of land
7.Removal of apparatus
8.Facilities and rights for alternative apparatus
9.Retained apparatus
10.Expenses and costs
11.(1) Subject to sub-paragraphs (2) and (3), if by reason...
12.Co-operation
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 42 (statutory...
17.(1) Subject to sub-paragraphs (2) to (4), if as the...
PART 3 FOR THE PROTECTION OF ANGLIAN WATER
18.Application
19.Interpretation
20.On street apparatus
21.Schedule of apparatus
22.Apparatus in stopped up streets
23.Protective works to buildings
24.Acquisition of land
25.Removal of apparatus
26.Facilities and rights for alternative apparatus
27.Retained apparatus
28.Expenses and costs
29.(1) Subject to sub-paragraphs (2) and (3), if by reason...
30.Co-operation
31.Where the undertaker identifies any apparatus which may belong to...
32.Nothing in this Part of this Schedule affects the provisions...
33.Any time period in which an action must be taken...
PART 4 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC
34.Application
35.Interpretation
36.Except for paragraphs 37 (apparatus of National Grid in stopped...
37.Apparatus of National Grid in stopped up streets
38.Protective works to buildings
39.Acquisition of land
40.Removal of apparatus
41.Facilities and rights for alternative apparatus
42.Retained apparatus: protection of electricity undertaker
43.Expenses
44.Indemnity
45.Enactments and agreements
46.Co-operation
47.Access
48.Arbitration
49.Notice
PART 5 FOR THE PROTECTION OF CADENT AS GAS UNDERTAKER
50.Application
51.Interpretation
52.On street apparatus
53.Apparatus of Cadent in stopped up streets
54.Protective works to buildings
55.Acquisition of land
56.Removal of apparatus
57.Facilities and rights for alternative apparatus
58.Retained apparatus: protection of Cadent
59.Expenses
60.Indemnity
61.Enactments and agreements
62.Co-operation
63.Access
64.Arbitration
65.Notices
PART 6 FOR THE PROTECTION OF RAILWAY INTERESTS
66.The provisions of this Part of this Schedule have effect,...
67.In this Part of this Schedule— “asset protection agreement” means...
68.(1) Where under this Part of this Schedule Network Rail...
69.(1) The undertaker must not exercise the powers conferred by—...
70.(1) The undertaker must before commencing construction of any specified...
71.(1) Any specified work and any protective works to be...
72.The undertaker must— (a) at all times afford reasonable facilities...
73.Network Rail must at all times afford reasonable facilities to...
74.(1) If any permanent or temporary alterations or additions to...
75.The undertaker must repay to Network Rail all reasonable fees,...
76.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...
77.If at any time after the completion of a specified...
78.The undertaker must not provide any illumination or illuminated sign...
79.Any additional expenses which Network Rail may reasonably incur in...
80.(1) The undertaker must pay to Network Rail all reasonable...
81.Network Rail must, on receipt of a request from the...
82.In the assessment of any sums payable to Network Rail...
83.The undertaker and Network Rail may, subject in the case...
84.Nothing in this Order, or in any enactment incorporated with...
85.The undertaker must give written notice to Network Rail if...
86.The undertaker must no later than 28 days from the...
87.In relation to any dispute arising under this part of...
SCHEDULE 12
DOCUMENTS TO BE CERTIFIED
Explanatory Note