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

PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 and shall come into force on 14th June 2024.

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1980 Act” means the Highways Act 1980(3);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(4);

“the 1984 Act” means the Road Traffic Regulation Act 1984(5);

“the 1990 Act” means the Town and Country Planning Act 1990(6);

“the 1991 Act” means the New Roads and Street Works Act 1991(7);

“the 2004 Act” means the Traffic Management Act 2004(8);

“the 2008 Act” means the Planning Act 2008;

“address” includes any number or address for the purposes of electronic transmission;

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“authorised development” means the development described in Schedule 1 (authorised development) or any part of it and any other development authorised by this Order or part of it, which is development within the meaning of section 32 (meaning of development) of the 2008 Act;

“the book of reference” means the document of that description listed in Schedule 12 (documents to be certified) and certified as the book of reference by the Secretary of State for the purposes of this Order;

“bridleway” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in section 329(1) of the 1980 Act(9);

“commence” means beginning to carry out any material operation (as defined in section 56(4) of the 1990 Act(10)) forming part of the authorised development other than operations consisting of pre-construction archaeological investigations and mitigation, ecological surveys and pre-construction ecological mitigation, investigation for the purpose of assessing and monitoring ground conditions and levels, remedial work in respect of any contamination or other adverse ground conditions, erection of any temporary means of enclosure, receipt and erection of construction plant and equipment, diversion and laying of underground apparatus and site clearance, and the temporary display of site notices or advertisements and “commencement” is to be construed accordingly;

“cycle track” has the same meaning as in section 329(1) of the 1980 Act and includes part of a cycle track(11);

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form,

and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003(12);

“engineering drawings and sections” means the document of that description listed in Schedule 12 (documents to be certified) and certified as the engineering drawings and sections by the Secretary of State for the purposes of this Order;

“environmental statement” means the document of that description listed in Schedule 12 (documents to be certified) and certified as the environmental statement by the Secretary of State for the purposes of this Order;

“footway” and “footpath” have the same meaning as in the section 329(1) of the 1980 Act and include part of a footway or footpath;

“the general arrangement plans” means the document of that description listed in Schedule 12 (documents to be certified) and certified as the general arrangement plans by the Secretary of State for the purposes of this Order;

“highway” has the same meaning as in section 328(1) (meaning of “highway”) of the 1980 Act and includes part of a highway;

“the land plans” means the plans listed in Schedule 12 (documents to be certified) and certified as the land plans by the Secretary of State for the purposes of this Order;

“limits of deviation” means the limits of deviation referred to in article 8 (limits of deviation);

“local highway authority” means Northumberland County Council;

“maintain” in relation to the authorised development includes inspect, repair, adjust, alter, improve, landscape, preserve, remove, reconstruct, refurbish or replace, provided such works do not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement and any derivative of “maintain” is to be construed accordingly;

“Northern Gas Networks Limited” means the company registered in England and Wales, company number 05167070, whose registered address is 1100 Century Way, Thorpe Park Business Park, Colton, Leeds LS15 8TU;

“National Gas Transmission PLC” means the company registered in England and Wales, company number 02006000, whose registered office is National Grid House, Warwick Technology Park, Gallows Hill, Warwick, GU1 4LZ;

“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference;

“Order limits” means the limits of lands to be acquired or used permanently or temporarily shown on the land plans and works plans within which the authorised development may be carried out;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(13);

“Public communications provider” means a public communications provider as defined in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003(14);

“relevant planning authority” means Northumberland County Council;

“rights of way and access plans” means the document of that description listed in Schedule 12 (documents to be certified) and certified as the rights of way and access plans by the Secretary of State for the purposes of this Order;

“statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act(15);

“street” means a street within the meaning of section 48 (street, street works and undertakers) of the 1991 Act(16), together with land on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“structures engineering drawings and sections” means the document of that description listed in Schedule 12 (documents to be certified) and certified as the structures engineering drawings and sections by the Secretary of State for the purposes of this Order;

“traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act(17);

“traffic regulation plans” means the document of that description listed in Schedule 12 (documents to be certified) and certified as the traffic regulation plans by the Secretary of State for the purposes of this Order;

“the tribunal” means the Lands Chamber of the Upper Tribunal;

“trunk road” means a highway which is a trunk road by virtue of—

(a)

section 10(18) (general provision as to trunk roads) or 19(1) (certain special roads and other highways to become trunk roads) of the 1980 Act;

(b)

an order or direction under section 10 of that Act;

(c)

an order granting development consent; or

(d)

any other enactment;

“undertaker” means National Highways Limited, the company registered in England & Wales, company number 09346363, whose registered address is Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

“vegetation clearance plans” means the document of that description listed in Schedule 12 (documents to be certified) and certified as the vegetation clearance plans by the Secretary of State for the purposes of this Order;

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

“the works plans” means the document of that description listed in Schedule 12 (documents to be certified) and certified as the works plans by the Secretary of State for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the streets, rights of way and access plans.

(6) References in this Order to numbered works are references to works as numbered in Schedule 1 (authorised development).

Disapplication of legislative provisions

3.  The provisions of the Neighbourhood Planning Act 2017(19), insofar as they relate to temporary possession of land under articles 36 (temporary use of land for carrying out the authorised development) and 37 (temporary use of land for maintaining the authorised development) of this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 37(12), any maintenance of any part of the authorised development.

(1)

1961 c. 33.

(2)

1965 c. 56.

(3)

1980 c. 66.

(4)

1981 c. 66.

(5)

1984 c. 27.

(6)

1990 c. 8.

(7)

1991 c. 22.

(8)

2004 c. 18.

(9)

There are amendments to section 329 which are not relevant to this Order.

(10)

Section 56(4) was amended by section 32 of, and paragraph 10(2) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 56 which are not relevant to this Order.

(11)

The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54). There are other amendments to section 329 which are not relevant to this Order.

(12)

2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

(13)

1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1992 (c.34). There are other amendments to section 7 which are not relevant to this Order.

(14)

There are amendments to section 151 which are not relevant to this Order.

(15)

There are amendments to section 127 which are not relevant to this Order.

(16)

There are amendments to section 48 which are not relevant to this Order.

(17)

Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to the New Roads and Street Works Act 1991 and amended by paragraphs 70 and 95 of Schedule 1 to the Infrastructure Act 2015 (c. 7). There are other amendments to section 121A which are not relevant to this Order.

(18)

Section 10 was amended by section 22(2) of the New Roads and Street Works Act 1991, by section 36 of, and paragraph 22 of Schedule 2 to the Planning Act 2008, and by section 1(6) of, and paragraph 10 of Schedule 1 to, the Infrastructure Act 2015. There are other amendments to sections 10 and 19 which are not relevant to this Order.

(19)

2017 c. 20.