The A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024

  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Disapplication of legislative provisions

  3. PART 2 PRINCIPAL POWERS

    1. 4.Development consent etc. granted by the Order

    2. 5.Maintenance of authorised development

    3. 6.Maintenance of drainage works

    4. 7.Planning permission

    5. 8.Limits of deviation

    6. 9.Benefit of the Order

    7. 10.Consent to transfer benefit of the Order

  4. PART 3 STREETS

    1. 11.Application of the 1991 Act

    2. 12.Power to alter layout etc. of streets

    3. 13.Street works

    4. 14.Construction and maintenance of new, altered or diverted streets

    5. 15.Classification of roads etc.

    6. 16.Temporary alteration, diversion, prohibition and restriction of the use of streets

    7. 17.Permanent stopping up and restriction of use of streets, public rights of way and private means of access

    8. 18.Access to works

    9. 19.Clearways

    10. 20.Speed restrictions

    11. 21.Closure of bus stop lay-bys and parking lay-bys

    12. 22.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 23.Powers in relation to relevant watercourses

    2. 24.Discharge of water

    3. 25.Protective work to buildings

    4. 26.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION

    1. 27.Compulsory acquisition of land

    2. 28.Compulsory acquisition of land – incorporation of the mineral code

    3. 29.Time limit for exercise of authority to acquire land compulsorily

    4. 30.Compulsory acquisition of rights and imposition of restrictive covenants

    5. 31.Private rights over land

    6. 32.Modification of Part 1 of the 1965 Act

    7. 33.Application of the 1981 Act

    8. 34.Acquisition of subsoil or airspace only

    9. 35.Rights under or over streets

    10. 36.Temporary use of land for carrying out the authorised development

    11. 37.Temporary use of land for maintaining the authorised development

    12. 38.Statutory undertakers

    13. 39.Apparatus and rights of statutory undertakers in stopped up streets

    14. 40.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 41.Felling or lopping of trees and removal of hedgerows

    2. 42.Trees subject to tree preservation orders

  8. PART 7 MICELLANEOUS AND GENERAL

    1. 43.Application of landlord and tenant law

    2. 44.Operational land for purposes of the 1990 Act

    3. 45.Defence to proceedings in respect of statutory nuisance

    4. 46.Protection of interests

    5. 47.Certification of documents, etc.

    6. 48.Service of notices

    7. 49.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the administrative area of Northumberland County Council

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Detailed design

        4. 4.Construction and handover environmental management plans

        5. 5.Landscaping

        6. 6.Contaminated land and groundwater

        7. 7.Protected species

        8. 8.Surface and foul water drainage

        9. 9.Archaeological remains

        10. 10.Safeguarding of milestones

        11. 11.Traffic management

        12. 12.Amendments to approved details

        13. 13.Fencing

        14. 14.Public rights of way

        15. 15.Ancient Woodland and Compensatory Planting

        16. 16.Works in River Coquet

        17. 17.Landscape and ecological management plan

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 18.Applications made under requirements

        2. 19.Further information

        3. 20.Register of requirements

        4. 21.Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 TRUNK ROADS

      2. PART 2 ROADS TO BE DE-TRUNKED

      3. PART 3 CLASSIFIED ROADS

      4. PART 4 UNCLASSIFIED ROADS

      5. PART 5 OTHER PUBLIC RIGHTS OF WAY

      6. PART 6 FOOTWAYS AND CYCLEWAYS TO BE PROVIDED

    4. SCHEDULE 4

      PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS

      1. PART 1 STREETS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 PUBLIC RIGHTS OF WAYS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      3. PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      4. PART 4 PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS NOT TO BE PROVIDED

      5. PART 5 PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS NOT TO BE PROVIDED

    5. SCHEDULE 5

      PUBLIC RIGHTS OF WAY TO BE TEMPORARILY PROHIBITED AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

    6. SCHEDULE 6

      LAND IN RESPECT OF WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.Without limitation on the scope of paragraph 1, the 1961...

        3. 3.(1) Without limitation on the scope of paragraph 1, the...

      2. Application of Part 1 of the 1965 Act

        1. 4.(1) Part 1 (compulsory purchase under Acquisition of Land Act...

        2. 5.(1) The modifications referred to in paragraph 4(1)(a) are as...

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      TREES AND HEDGEROWS

      1. PART 1 REMOVAL OF HEDGEROWS

      2. PART 2 REMOVAL OF IMPORTANT HEDGEROWS

      3. PART 3 TREES SUBJECT TO TREE PRESERVATION ORDERS

    10. SCHEDULE 10

      FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

        1. 1.For the protection of the utility undertakers referred to in...

        2. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. On street apparatus

          1. 3.This Part of this Schedule does not apply to apparatus...

        4. Apparatus in stopped up streets

          1. 4.(1) Where any street is stopped up under article 17...

        5. Protective works to buildings

          1. 5.The undertaker, in the case of the powers conferred by...

        6. Acquisition of land

          1. 6.Regardless of any provision in this Order or anything shown...

        7. Removal of apparatus

          1. 7.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 8.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 9.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 10.(1) Subject to the following provisions of this paragraph, the...

          2. 11.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Co-operation

          1. 12.Where in consequence of the proposed construction of any of...

          2. 13.Nothing in this Part of this Schedule affects the provisions...

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 14.For the protection of any operator, the following provisions have...

        2. 15.In this Part of this Schedule— “the 2003 Act” means...

        3. 16.The exercise of the powers conferred by article 38 (statutory...

        4. 17.(1) Subject to sub-paragraphs (2) to (4), if as the...

      3. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 18.(1) The following provisions apply for the protection of the...

        2. 19.(1) Where in the exercise of the powers conferred by...

        3. 20.If, in the exercise of the powers conferred by this...

        4. 21.The undertaker must indemnify theAgency in respect of all costs,...

        5. 22.Any dispute arising between the undertaker and the Agency under...

      4. PART 4 FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER

        1. Application

          1. 23.(1) For the protection of National Gas as referred to...

        2. Interpretation

          1. 24.In this Part of this Schedule— “alternative apparatus” means appropriate...

        3. On Street Apparatus

          1. 25.Except for paragraphs 26 (apparatus of National Gas in stopped...

        4. Apparatus of National Gas in stopped up streets

          1. 26.(1) Where any street is stopped up under article 17...

        5. Protective works to buildings

          1. 27.The undertaker must exercise the powers conferred by article 25...

        6. Acquisition of land

          1. 28.(1) Regardless of any provision in this Order or anything...

        7. Removal of apparatus

          1. 29.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 30.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus: protection of gas undertaker

          1. 31.(1) Not less than 56 days before the commencement of...

        10. Expenses

          1. 32.(1) Subject to the following provisions of this paragraph, the...

        11. Indemnity

          1. 33.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 34.Nothing in this Part of this Schedule affects the provisions...

        13. Co-operation

          1. 35.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 36.If in consequence of the agreement reached in accordance with...

        15. Arbitration

          1. 37.Save for differences or disputes arising under paragraphs 29(2) or...

        16. Notices

          1. 38.Notwithstanding article 48 (service of notices), any plans submitted to...

    11. SCHEDULE 11

      TRAFFIC REGULATION MEASURES

      1. PART 1 SPEED LIMTS

      2. PART 2 CLOSURES OF BUS STOP LAY-BYS AND PARKING LAY-BYS

    12. SCHEDULE 12

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note