The Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013

• (3) Remediation must be carried out in accordance with the approved scheme unless otherwise agreed in writing by the relevant planning authority.

Construction environmental management plan

7

• (1) No part of the authorised development is to commence until a written construction environmental management plan has been submitted to and approved in writing by the relevant planning authority.

• (2) The construction environmental management plan must include measures to address—

• (a) generation of dust arising during the construction period;

• (b) the monitoring of PM10 particulates, including the taking of appropriate mitigation measures if National Air Quality Strategy objectives are exceeded or are predicted to be exceeded;

• (c) the routeing of construction vehicles during the construction phase; and

• (d) vibration.

• (3) The construction of the development must be carried out in accordance with the approved construction environmental management plan.

Noise and vibration

8

• (1) No part of the authorised development is to commence until a plan showing the locations of the acoustic barriers and details of the height, design and materials of the acoustic barriers has been submitted in writing to and approved in writing by, the relevant planning authority.

• (2) The acoustic barriers must be erected in accordance with the approved details prior to the opening of the link road and must be retained in position throughout the life of the road.

• (3) All construction work must be undertaken in accordance with guidance detailed in the BS5228:2009 code of practice for noise and vibration control on construction and open sites, parts 1 and 2.

• (4) All plant, equipment and other machinery used in connection with the construction of the link road must be equipped with effective silencing equipment or sound proofing equipment to the standard of design set out in the manufacturer’s specification and must be maintained in accordance with that specification at all times during the carrying out of the authorised development.

Access by construction traffic

9

• (1) No part of the authorised development is to commence until the locations and details of the access points for construction traffic from the public highway into the authorised development have been submitted in writing to, and approved in writing by, the relevant planning authority.

• (2) All construction traffic must access the authorised development using an access point approved under sub-paragraph (1) at all times.

Highway approvals and complementary measures

10

• (1) No part of the authorised development is to commence until details of the proposed improvements to Junction 34 of the M6 Motorway as shown in outline on the special roads plan have been submitted in writing to, and approved in writing by, the Secretary of State for Transport.

• (2) The details to be submitted under sub-paragraph (1) must include—

• (a) details of the interface between the link road and the existing highway alignment;

• (b) details of the carriageway markings and lane destinations;

• (c) details of drainage, maintenance access, visibility zone requirements, service ducts, signage and lighting;

• (d) confirmation of compliance with the current Design Manual for Roads and Bridges (DMRB) and all other Department for Transport standards or with approved relaxations or departures from such standards;

• (e) independent stages one and two road safety audits carried out in accordance with current DMRB standards and advice notes, stage two to take into account any recommendations of the stage one road safety audit; and

• (f) a project appraisal report pursuant to the New Approach to Appraisal guidance.

• (3) No part of the link road is to be opened to vehicular traffic until the highway works approved in accordance with sub-paragraph (1) have been constructed.

• (4) The link road must not be opened to vehicular traffic until gateway markings or rumble strips have been marked out on the surface of the A6 to the south of Slyne with Hest village in a position to be first approved in writing by the relevant planning authority.

• (5) The Park and Ride site at Junction 34 of the M6 motorway must be completed and available for use before the link road is fully opened to vehicular traffic. The Park and Ride site is to be brought into use when available road space is created on Caton Road but not more than 1 month after the link road has been fully opened. Appropriate supportive priority measures for bus services linking the Park and Ride site to Lancaster City Centre must be implemented within 12 months of the link road being fully opened to traffic.

• (6) The link road must not be fully opened to vehicular traffic until an action plan of complementary traffic measures has been submitted to and approved in writing by the relevant planning authority, which must have regard to the findings of Lancaster and Morecambe Vision Board Study and include:

• (a) a review of the City Centre gyratory systems;

• (b) an investigation into the extension of the proposed Park and Ride network beyond the site at Junction 34 of the M6 Motorway;

• (c) a detailed feasibility study for a rapid transit route from Lancaster city centre, rail station and bus station to Morecambe and Heysham; and

• (d) a schedule of those measures that are to be implemented.

The action plan must aim to prevent road traffic growth within the central Lancaster area increasing to predicted “do minimum” levels between the opening and design years of the link road (thereby negating planned relief) and contain a timetable for implementation of the measures to be carried out.

• (7) The complementary traffic measures set out in the schedule to the action plan approved in accordance with sub-paragraph (6) must be carried out in accordance with the approved timetable or no later than 10 years of the opening of the link road whichever is the earlier.

• (8) The link road must not be fully opened to vehicular traffic until the undertaker has completed statutory consultation upon a proposal to make a traffic regulation order prohibiting HGVs from roads forming part of the A6 in central Lancaster and along A589 Morecambe Road east of the link road, except for access.

Building and construction materials - highways

11

• (1) No part of the authorised development is to commence until written details of the materials to be used for the surfacing of the new highway and the adjacent cycleway and footway have been submitted to and approved in writing by the relevant planning authority.

• (2) The details submitted under sub-paragraph (1) must include provision for the use of low noise road surfacing materials on the highway.

• (3) The authorised development must be carried out using the materials approved under sub-paragraph (1).

Building and construction materials - structures

12

• (1) No part of the authorised development is to commence until written details of the building materials to be used for the external facings of all structures, including bridges, retaining walls and culvert sides and headwalls, have been submitted to and approved in writing by the relevant planning authority.

• (2) The authorised development must be carried out using the materials approved under sub-paragraph (1).

Street lighting

13

• (1) No part of the authorised development is to commence until a scheme of the lighting to be erected along the link road has been submitted to and approved in writing by the relevant planning authority.

• (2) The scheme submitted under sub-paragraph (1) must include details of—

• (a) the areas of the link road to be lit;

• (b) the position of the lighting columns and their heights and designs, including any shielding that is to be incorporated into the lighting columns; and

• (c) the extent of the light spread from each column.

• (3) The authorised development must be carried out in accordance with the scheme approved under sub-paragraph (1).

Soil

14

• (1) All soil must be removed from any part of the Order land that is to be excavated or traversed by heavy vehicles, plant or machinery; or where roads, buildings, plant yards or stores are to be constructed on it, and all such soil must be stored on the site for use in the restoration of the site.

• (2) No movement of soil is to occur during the inclusive period between 1 November in any year and 1 March in the following year without the prior written consent of the relevant planning authority, and at all times the stripping, movement and redistribution of soil must be restricted to times when the soil is dry and friable and the ground is sufficiently dry to allow the passage of heavy vehicles, plant and machinery over it without damage to the soil.

• (3) No soil is to be sold or otherwise removed from the Order land without the prior written consent of the relevant planning authority.

Hours of working

15

• (1) No delivery or removal of materials or construction works are to take place outside the hours of—

• (a) 0730 to 1800 hours on Mondays to Fridays (except for Public Holidays); and

• (b) 0730 to 1500 hours on Saturdays or on Public Holidays.

• (2) Sub-paragraph (1) does not prevent—

• (a) the use of pumping equipment or the carrying out of essential on-site repairs to plant and machinery; and

• (b) delivery or removal of materials or construction works carried out with the prior approval of the relevant planning authority

outside such hours.

Dust and mud during construction

16

• (1) No part of the authorised development is to commence until wheel cleaning facilities have been installed, the design, specification and locations of which must first be submitted in writing to, and approved in writing by, the relevant planning authority.

• (2) These facilities must remain in position and be maintained in full working order and be used by all heavy goods vehicles throughout the construction of the authorised development to minimise the risk that dust, mud or other deleterious matter is transferred to the public highway by vehicles leaving the authorised development.

• (3) Measures must be taken during road construction operations to minimise the risk that dust or windblown material is carried on to adjacent property and in particular must include the watering of all haul and access roads and the spraying of storage heaps or operational construction areas as necessary during dry weather conditions.

• (4) All heavy goods vehicles carrying materials in to or out of the authorised development during the construction of the development must be securely sheeted unless the load is otherwise enclosed.

Safeguarding of watercourses and drainage

17

• (1) Provision must be made for the collection, treatment and disposal of all water entering or arising on the Order land during highway construction operations to ensure that there is no discharge of contaminated or polluted drainage to ground or surface waters.

• (2) All foul drainage must be discharged to a public sewer or else to a sealed tank, the contents of which must be removed from the Order land in their entirety.

• (3) Any chemical, oil or fuel storage container on the Order land must be sited on an impervious surface with bund walls, and the volume of the bunded area must be the equivalent of 110% of the volume of the container and must contain within its curtilage all fill and draw pipes, vents, gauges and sight glasses.

• (4) The drainage system of the bund must be sealed with no discharge to any watercourse, land or underground strata.

• (5) No part of the authorised development is to commence until, after consultation with the relevant planning authority and the Environment Agency, a scheme and programme of pollution control measures has been submitted to and approved in writing by the relevant planning authority. The scheme must include measures for sediment removal at all drainage outfalls.

• (6) The authorised development must be carried out in accordance with the scheme and programme approved under sub-paragraph (5) unless otherwise approved in writing by the relevant planning authority.

Archaeology

18

• (1) No part of the authorised development is to commence until a written scheme of archaeological investigation has been submitted to and approved in writing by the relevant planning authority.

• (2) The authorised development must be carried out at all times in accordance with the scheme approved under sub-paragraph (1) unless otherwise agreed in writing by the relevant planning authority.

• (3) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in place and reported to the relevant planning authority in writing within 3 working days.

• (4) No construction operations are to take place within 10 metres of such remains for a period of 14 days from the date of such notification unless otherwise agreed in writing by the relevant planning authority.

• (5) If the relevant planning authority are of the view that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the investigation and recording of the remains in accordance with details first submitted in writing to, and approved in writing by, the relevant planning authority.

Cultural heritage

19

• (1) No part of the authorised development is to commence until a written cultural heritage scheme and programme has been submitted in writing to, and approved in writing by, the relevant planning authority.

• (2) The scheme submitted under sub-paragraph (1) must include details of—

• (a) records to be taken to show the current appearance and setting of historic buildings impacted by the works;

• (b) mitigation measures to protect—

• (i) the boundary stone, described as site no. 48 on page 8.65 of Volume 1, Part A of the environmental statement;

• (ii) the canal milestone, described as site no. 79 on page 8.65 of Volume 1, Part A of the environmental statement;

• (iii) the milestone on Slyne Road, described as site no. 108 on page 8.65 of Volume 1, Part A of the environmental statement; and

• (c) the future use to which the listed building within Cottams Farm is to be put, or if no use is identified, the works that are to be carried out to the building to protect its historical interest and a timescale for their implementation.

• (3) The authorised development must be carried out in accordance with the scheme and programme approved under sub-paragraph (1).

Landscaping and management of tree and hedge planting

20

• (1) No part of the authorised development is to commence until a detailed landscaping scheme has been submitted in writing to, and approved in writing by, the relevant planning authority.

• (2) All landscaping works must be carried out in accordance with the detailed landscaping scheme approved under sub-paragraph (1).

• (3) Any tree or shrub planted as part of the approved detailed landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes in the opinion of the relevant planning authority, seriously damaged or diseased must be replaced in the first available planting season with a specimen of the same species as that originally planted, unless otherwise approved in writing by the relevant planning authority.

• (4) All hedges and trees forming part of the boundary of the Order land or situated within it (unless shown to be removed in the environmental statement (Volume 1, Part B, Fig 10.5.1)) must be protected from any damage and maintained throughout the authorised development.

• (5) If any hedge or tree protected under sub-paragraph (4) is removed, uprooted, destroyed or dies it must be replaced in the first available planting season and afterwards maintained for a period of 5 years.

• (6) All areas of the site left undisturbed, and all soil, soil-making material and overburden mounds must be kept free from invasive and noxious weeds throughout the carrying out of the authorised development.

Requirements relating to Lancaster and Morecambe College

21

• (1) The existing access to Lancaster and Morecambe College playing field on the west side of the main car parking area must remain open until the underpass shown on the approved development plans has been constructed and is available for use.

• (2) Other than the construction of the embankment and the drainage works between Morecambe Road and Torrisholme Road no works are to be carried out between Morecambe Road and Torrisholme Road until the acoustic barriers alongside the link road between Morecambe Road and Torrisholme Road have been installed.

• (3) The authorised development must not be opened to traffic until the acoustic barriers between Morecambe Road and Torrisholme Road (including that on Torrisholme Road Bridge) have been installed.

• (4) The existing car park to Lancaster and Morecambe College must remain available for use until the replacement car park has been laid out in accordance with the approved development plans and is available for use as a car park to serve Lancaster and Morecambe College, and the undertaker must not prevent the parking of cars there at any time.

• (5) A replacement 6 metre wide surfaced and lit route through the Lancaster and Morecambe College must be provided in accordance with the approved development plans or such other route as may be agreed between Lancaster and Morecambe College and the undertaker subject to Lancaster and Morecambe College obtaining planning permission for such other route before the commencement of work on the replacement route; and the existing through route must remain open until the replacement through route shown on the approved development plans (or such other agreed alternative route) has been constructed and is available for use.

Highway safety measures

22

• (1) No part of the authorised development is to commence until a scheme and programme of highway signage and road safety measures to be provided on Church Brow has been submitted to, and approved in writing by, the relevant planning authority.

• (2) The scheme and programme must contain details of –

• (a) the type and location of vehicle activated bends sign;

• (b) the type, number and location of signs warning of pedestrians in the road;

• (c) the number and location of “SLOW” carriageway markings; and

• (d) the number and location of gateway markings.

• (3) No part of the link road is to be opened to vehicular traffic until the highway signage and road safety measures approved in accordance with sub- paragraph (1) have been implemented in full.

• (4) The connecting road from Shefferlands Roundabout to Halton Road must not be opened to vehicular traffic until the undertaker has completed statutory consultation upon a proposal to make a traffic regulation order for a mandatory 20 miles per hour (mph) speed limit on Halton Road, Church Brow and High Road from a point on Halton Road 50 metres west of the centre line of its junction with Halton Hall Gardens to a point on High Road 120 metres south-west of the centre line of its junction with St. Wilfred’s Park.

• (5) The connecting road from Shefferlands Roundabout to Halton Road must not be opened to vehicular traffic until the undertaker has completed statutory consulation upon a proposal to make a traffic regulation order for a mandatory speed limit of 30 mph on Halton Road from Halton Army Camp (Gate no 4) to a point 50 metres west of the centre line of its junction with Halton Hall Gardens.

Gas Main Diversion

23

No part of the link road is to be opened for traffic until the undertaker or National Grid have certified to the Health and Safety Executive that work No. 1 (xxii) has been fully completed.

SCHEDULE 3 — STREETS SUBJECT TO ALTERATION OF LAYOUT

PART 1 — STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

(1) Street subject to alteration of layout	(2) Description of alteration
In the City of Lancaster—
A6 Lancaster Road	The creation of a temporary length of street during construction works for a distance of 280 metres generally in a southerly direction from 100 metres south of the property known as Morlich to 30 metres north of the property known as Geiranger, reference letter H on street plans Sheet 4, Inset 1.
Kellet Lane	The creation of a temporary length of street during construction works for a distance of 320 metres generally in a south-westerly direction from 170 metres south-west of the entrance to the property known as Beaumont Grange to 50 metres south-west of the property known as Carus Cottage, reference letter L on street plans Sheet 5.
Footpath FP7 (Slyne-with-Hest)	Temporary alterations as required in order to maintain safe route for the public across the line of the new road comprised in Work No. 1 during construction until permanent alteration is available across Beaumont Gate Occupation Bridge.
Footpath FP9 (Halton-with-Aughton)	Temporary alterations as required to maintain safe route for the public during construction works to adjacent Lune West Bridge.
Footpath FP15 (Quernmore)	Temporary alterations as required to maintain safe route for the public during construction works to adjacent Lune West Bridge.
Lune cycle path	Temporary alterations as required to maintain safe route for the public during construction works to adjacent Lune West Bridge.

PART 2 — STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

(1) Street subject to alteration of layout	(2) Description of alteration
In the City of Lancaster—
Northgate	An increase to the width and alteration of the level of the carriageway and adjoining kerbs, footways and verges for a distance of 130 metres on the eastbound approach and 100 metres on the westbound approach to the junction with A683 Lancaster - Morecambe Bypass.
A683 Lancaster - Morecambe Bypass	An increase to the width and alteration of the level of the carriageway and adjoining kerbs, footway and verges for a distance of 550 metres generally in a north-easterly direction commencing 100 metres south-west of the junction with Northgate to the junction with A589/A683 Morecambe Road.
Hadrian Road	An alteration of the alignment commencing 10 metres east from unnamed cul-de-sac outside No. 2 Hadrian Road to new traffic signal controlled junction on A683 Lancaster - Morecambe Bypass, reference letter B on street plans – Sheet 1, Inset 2; a reduction of the carriageway width of the existing Hadrian Road for a distance of 100 metres in a north-easterly direction from where the new alignment meets the present road to form a new exit road from McDonald’s Restaurant.
Lancaster to Morecambe Cycle track	An alteration of the alignment to follow the new alignment of Hadrian Road, reference letter A on the street plans – Sheet 1, Inset 2.
A589 Morecambe Road	Removal of the existing roundabout with the A683 Lancaster – Morecambe Bypass and A683 Morecambe Road and its replacement with signal controlled cross roads; an increase in width, reconstruction and alteration of the level of the kerbs, carriageway and adjoining footways, cycle tracks and verges, for a distance of 250 metres in a westerly direction from the present roundabout.
A683 Morecambe Road	Removal of the existing roundabout with the A683 Lancaster – Morecambe Bypass and A589 Morecambe Road and its replacement with signal controlled cross roads; an increase in width, reconstruction and alteration of the level of the kerbs, carriageway and adjoining footways, cycle tracks and verges, for a distance of 180 metres in an easterly direction from the present roundabout.
B5321 Lancaster Road/Torrisholme Road	An increase in width, the provision of cycle track and an alteration of the alignment and level of the carriageway and kerbs and adjoining footways and verges for a distance of 190 metres initially in an easterly and then south-easterly direction commencing at No. 364 Lancaster Road (B5321) to 25 metres north-west of the Torrisholme Road (B5321) entrance to Lancaster and Morecambe College.
Barley Cop Lane	An increase in width, and alteration of the alignment and level of the existing carriageway and verges for a distance of 120 metres initially in a westerly and then south-westerly direction commencing 115 metres west of the entrance to Torrisholme Cricket Club to new priority junction on the realigned B5321 Torrisholme Road, reference letter C on the street plans – Sheet 2, Inset 1.
Powder House Lane	An increase in the width, and alteration of the alignment and level of the existing carriageway and verges for a distance of 420 metres initially in an easterly and then southerly direction to pass beneath the new Folly Railway Bridge, commencing 220 metres north of its existing junction with Barley Cop Lane to new priority junction on Barley Cop Lane, 325 metres east of the existing junction, reference letter D on the street plans – Sheet 3.
Folly Lane	An increase in width, and alteration of the alignment and level of existing carriageway and verges for a distance of 320 metres initially in a south-westerly and then southerly direction to pass beneath the new Folly Railway Bridge, commencing at the property known as Brookside to 80 metres north of its present junction with Barley Cop Lane, reference letter E on the street plans – Sheet 3.
A6 Lancaster Road	An alteration of the alignment and level of carriageway and kerbs, an increase in width of carriageway and adjoining footways and verges, and the provision of cycle tracks to cross the new Lancaster Road bridge over the new road comprised in Work No. 1 for a distance of 800 metres generally in a southerly direction commencing at the property known as Lonsdale to the access track by the pumping station 50 metres north of the entrance to Beaumont College.
Green Lane	An alteration of the alignment and level, an increase in carriageway and verge width to cross the new Beaumont Bridge over the new road comprised in Work No. 1 for a distance of 300 metres initially in a south-westerly and then south-easterly direction commencing 830metres south from its junction with Bottomdale Road
Kellet Lane	An alteration of the alignment and level of carriageway to cross new Carus Bridge over the new road comprised in Work No. 1 for a distance of 490 metres in a south-westerly direction commencing 50 metres south-west of the entrance to the property known as Beaumont Grange to the access to Littledale Mews.
Halton Road	An alteration of the alignment and level of carriageway and kerbs, an increase in carriageway, footway and verge width to pass under new Shefferlands Bridge carrying the new road comprised in Work No. 1 for a distance of 250 metres initially in a westerly and then south-westerly direction commencing at the present bridge carrying the M6 Motorway over Halton Road
A683 Caton Road/Lancaster Road	An alteration of the alignment and level of carriageway and kerbs, an increase in carriageway, footway and verge widths, the provision of new cycle track, the re-siting of the existing traffic signal controlled junction for M6 Motorway northbound slip roads 100 metres east of the present location, the replacement and remodelling of the existing traffic signal controlled junction for M6 Motorway southbound slip roads at its present location, for a distance of 800 metres initially in a westerly and then south-westerly direction commencing 50 metres east of the entrance to the property known as Tarn View to 40 metres south-west of the entrance to the Holiday Inn Hotel.
M6 Motorway northbound entry slip road	An alteration of the alignment and level of the carriageway and verge generally in a northerly direction for a distance of 450 metres from Shefferlands junction to the point of merge with the existing M6 Motorway northbound carriageway, as reference letter AA on the special roads plan.
M6 Motorway northbound exit slip road	An alteration of the alignment and level of the carriageway and verge in a northerly direction for a distance of 530 metres from the point of diverge from the existing M6 Motorway northbound carriageway to a new junction with the exit road from the park and ride, reference letter BB on the special roads plan, and continuing in a northerly direction for a further 230 metres to a new junction on A683 Caton Road 100metres east of the present junction Caton Road junction.
M6 Motorway southbound entry slip road	An alteration of the alignment and level of the carriageway and verge in a southerly direction for a distance of 640 metres from A683 Caton Road to the point of merge with the existing M6 Motorway southbound carriageway, reference letter DD on the special roads plan.
M6 Motorway southbound exit slip road	An alteration of the alignment and level of the carriageway and verge initially in a southerly then easterly and then northerly direction for a distance of 480 metres from the point of diverge from the existing M6 Motorway southbound carriageway to the junction on A683 Caton Road, reference letter CC on the special roads plan.
Footpath FP7 (Slyne-with-Hest)	A re-routing of the public footpath to the west of its present route onto Beaumont Gate Occupation Bridge to cross over the route of the new road comprised in Work No. 1, reference letter J on the street plans – Sheet 4, Inset 3.
Footpath FP9 (Halton-with-Aughton)	A re-routing of the public footpath to the north of its present route to avoid new north abutment of Lune West Bridge, reference letter O on the street plans – Sheet 7, Inset 1.

SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS

(1) Location	(2) Street subject to street works
City of Lancaster	Northgate
	A683 Lancaster - Morecambe Bypass
	Hadrian Road
	A589 Morecambe Road
	A683 Morecambe Road
	B5321 Lancaster Road/Torrisholme Road
	Barley Cop Lane
	Powder House Lane
	Folly Lane
	A6 Lancaster Road
	Green Lane
	Kellet Lane
	Halton Road
	Bottomdale Road
	A683 Caton Road/Lancaster Road
	M6 Motorway

SCHEDULE 5 — SPECIAL ROADS

In the City of Lancaster—

1

A road constructed on a route 452 metres in length, starting at a point 331 metres south of a point on the centreline of Bottomdale Road 104 metres east of its junction with Foundry Lane proceeding in a north-easterly direction to a point 65 metres north of a point on the centre line of Bottomdale Road 5 metres east of the intersection of Bottomdale Road centre line with the centre line of the M6 Motorway, reference letter AA on the special roads plan.

2

A road constructed on a route 532 metres in length, starting at a point 763 metres south of a point on the centre line of the A683 Caton Road 57 metres west of the intersection of the centre line of the A683 Caton Road with the centre line of the M6 Motorway proceeding in a northerly direction to a point 247 metres south of a point on the centre line of the A683 Caton Road 111 metres west of the intersection of the centre line of the A683 Caton Road with the centre line of the M6 Motorway, reference letter BB on the special roads plan.

3

A road constructed on a route 484 metres in length, starting at a point 234 metres south of a point on the centre line of the A683 Lancaster Road/Caton Road 34 metres east of the intersection of the centre line of the A683 Lancaster Road/Caton Road with the centre line of the M6 Motorway proceeding in a southerly, then easterly, then northerly direction to a point 18 metres south on the centre line of the A683 Lancaster Road/Caton Road 176 metres east of the intersection of the centre line of the A683 Lancaster Road/Caton Road with the centre line of the M6 Motorway, reference letter CC on the special roads plan.

4

A road constructed on a route 640 metres in length, starting at a point 16 metres south of a point on the centre line of the A683 Lancaster Road/Caton Road 194 metres east of the intersection of the centre line of the A683 Lancaster Road/Caton Road and the centre line of the M6 Motorway in a southerly and then south-westerly direction to a point 609 metres south of a point on the centre line of the A683 Lancaster Road/Caton Road 12 metres west of the intersection of the centre line of the A683 Lancaster Road/Caton Road with the centre line of the M6 Motorway, reference letter DD on the special roads plan.

SCHEDULE 6 — STREETS TO BE STOPPED UP

PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New Street to be substituted
City of Lancaster	Lancaster to Morecambe Cycle Track	From a point 40 metres north-east of its junction with the Lancaster to Morecambe Cycle Track in a north-easterly and north-westerly direction for a maximum distance of 205 metres	Reference Letter A on the street plans (footpath and cycle track)
	A north-western part width of Hadrian Road	From a point 25 metres south-west of its junction with the A683/A589 roundabout junction of the A683 Lancaster - Morecambe Bypass and the A589/A683 Morecambe Road in a south-westerly direction for a maximum distance of 67 metres	Reference Letter B on the street plans
	Barley Cop Lane	From its junction with the B5321 Lancaster Road/Torrisholme Road in an easterly direction for a maximum distance of 73 metres	Reference Letter C on the street plans
	Powder House Lane	From its junction with Barley Cop Lane in a northerly direction for a maximum distance of 190 metres	Reference Letter D on the street plans
	Folly Lane	From a point 76 metres north of its junction with Barley Cop Lane in a north-easterly and northerly direction for a maximum distance of 284 metres	Reference Letter E on the street plans
	A6 Lancaster Road	From a point 11 metres north of the northern boundary of the property known as Geiranger in a northerly direction for a maximum distance of 78 metres	Reference Letters F, G and I on the street plans
	Footpath FP7 (Slyne –with-Hest)	From a point 414 metres north of its junction with Green Lane in a northerly, westerly and northerly direction for a maximum distance of 147 metres	Reference Letter J on the street plans (footpath)
	Green Lane	From a point 83 metres south of Howgill Brook in a southerly direction for a maximum distance of 204 metres	Reference Letter K on the street plans
	Kellet Lane	From a point 255 metres south-west of its junction with the entrance to Beaumont Grange in a south-westerly direction for a maximum distance of 125 metres	Reference Letter M on the street plans
	Halton Road	From a point 95 metres west of the centreline of the M6 Motorway in an easterly direction for a maximum distance of 46 metres	Reference Letter N on the street plans
	Footpath FP9 (Halton-with-Aughton)	From a point 53 metres south of a point on the south boundary of Halton Road 44 metres west of the centreline of the M6 Motorway in a southerly and south-westerly direction for a maximum distance of 132 metres	Reference Letter O on the street plans (footpath)
	M6 Motorway (northbound)	Northbound entry and exit slip roads from their junction with the A683 Caton Road in a northerly and easterly direction for a maximum distance of 225 metres	Reference Letters P, Y and Z on the street plans
	M6 Motorway (southbound)	Southbound entry and exit slip roads from their junction with the A683 Caton Road in a southerly and westerly direction for a maximum distance of 254 metres	Reference Letters W and X on the street plans

PART 2 — PRIVATE ACCESSES FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private access to be stopped up	(3) Extent of stopping up	(4) Private Access to be substituted
City of Lancaster	Access X1 on the street plans	To a track from a point 10 metres south of the centreline of Hadrian Road 104 metres west and south-west of its junction with the A683/A589 roundabout junction of the A683 Lancaster- Morecambe Bypass and the A589/A683 Morecambe Road in a south-westerly direction for a distance of 52 metres	Reference Number 1 on the street plans
	Access X2 on the street plans	To McDonalds Restaurant from a point on the north boundary of Hadrian Road 7 metres west of its connection to the roundabout junction of the A683 Lancaster - Morecambe Bypass and the A589/A683 Morecambe Road in a northerly direction	Reference Number 2 on the street plans
	Access X3 on the street plans	To McDonalds Restaurant from a point on the south boundary of the A589 Morecambe Road 80 metres north-west of its connection to the roundabout junction of the A683 Lancaster - Morecambe Bypass and the A589/A683 Morecambe Road	Reference Number 2 on the street plans
	Access X4 on the street plans	On the south boundary of Barley Cop Lane at its junction with the B5321 Lancaster Road/Torrisholme Road over the width of the access	Reference Number 5 on the street plans
	Access X5 on the street plans	On the north boundary of Barley Cop Lane at its junction with the B5321 Lancaster Road/Torrisholme Road over the width of the access	Reference Number 6 on the street plans
	Access X6 on the street plans	On the north boundary of Barley Cop Lane at a point 15 metres south-east of its junction with the B5321 Lancaster Road/Torrisholme Road over the width of the access	Reference Number 8 on the street plans
	Access X8 on the street plans	On the north boundary of Folly Lane at a point 80 metres north-west of its junction with Barley Cop Lane over the width of the access	Reference Number 16 on the street plans
	Access X9 on the street plans	On the west boundary of Folly Lane at a point 110 metres south of the southern boundary of the property known as Brookside over the width of the access	Reference Number 16 on the street plans
	Access X11 on the street plans	On the west boundary of the A6 Lancaster Road at a point 70 metres south of its junction with Turnpike Fold over the width of the access	Reference Number 20 on the street plans
	Access X12 on the street plans	On the west boundary of the A6 Lancaster Road at a point 93 metres north of the northern boundary of the property known as Geiranger over the width of the access	Reference Number 22 on the street plans
	Access X14 on the street plans	On the west boundary of the A6 Lancaster Road at a point 77 metres south of the southern boundary of the property known as Morlich over the width of the access	Reference Number 22 on the street plans
	Access X16 on the street plans	On the west boundary of Green Lane at a point 196 metres south of Howgill Brook over the width of the access	Reference Number 28 on the street plans
	Access X17 on the street plans	On the west boundary of Kellet Lane at a point 334 metres south-west of its junction with the entrance to Beaumont Grange over the width of the access	Reference Number 31 on the street plans
	Access X20 on the street plans	On the north boundary of Foundry Lane at a point 57 metres west of the centreline of the M6 Motorway over the width of the access	Reference Number 33 on the street plans
	Access X21 on the street plans	On the south boundary of Foundry Lane at a point 31 metres west of the centreline of the M6 Motorway over the width of the access	Reference Number 32 on the street plans
	Access X24 on the street plans	On the north boundary of the A683 Caton Road/Lancaster Road at a point 72 metres west of the centreline of the M6 Motorway over the width of the access	Reference Number 36 on the street plans
	Access X26 on the street plans	On the south boundary of the A683 Caton Road/Lancaster Road at a point 217 metres east of the centreline of the M6 Motorway over the width of the access	Reference Number 40 on the street plans
	Access X27 on the street plans	To the property known as Croskells Farm on the south boundary of the A683 Caton Road/Lancaster Road at a point 52 metres west of the centreline of the M6 Motorway over the width of the access	Reference Number 38 on the street plans
	Access X28 on the street plans	On the south boundary of the A683 Caton Road/Lancaster Road at a point 126 metres east of the centreline of the M6 Motorway over the width of the access	Reference Number 37 on the street plans
	Access X30 on the street plans	On the south boundary of the A683 Caton Road/Lancaster Road at a point 198 metres east of the centreline of the M6 Motorway over the width of the access	Reference Number 39 on the street plans
	Access X31 on the street plans	On the south boundary of the A683 Caton Road/Lancaster Road at a point 201 metres east of the centreline of the M6 Motorway over the width of the access	Reference Number 39 on the street plans
	Access X32 on the street plans	Along Grimeshaw Lane from a point 24 metres north-west of the centreline of Grimeshaw Lane Bridge and 41 metres east of the centreline of the M6 Motorway in a north-westerly direction for a distance of 97 metres	Reference Number 42 on the street plans
	Access X33 on the street plans	On the north boundary of Grimeshaw Lane from a point 88 metres north-west of the centreline of Grimeshaw Lane Bridge and 37 metres east of the centreline of the M6 Motorway over the width of the access	Reference Number 43 on the street plans

PART 3 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
City of Lancaster	Footpath FP12 (Morecambe and Heysham)	From a point 10 metres south of a point on the centreline of Hadrian Road 92 metres west and south-west of its junction with the A683/A589 roundabout junction of the A683 Lancaster - Morecambe Bypass and the A589/A683 Morecambe Road in a south-westerly direction for a distance of 52 metres
	A northern part width of the B5321 Lancaster Road/Torrisholme Road	From a point 66 metres south-east of its junction with Russell Drive in a south-easterly direction for a maximum distance of 53 metres
	Shefferlands Lane	From a point on the north boundary of Halton Road 131 metres west of the centreline of the M6 Motorway in a north-westerly and north-easterly direction for a distance of 230 metres to the west boundary of the M6 Motorway
	Foundry Lane	From a point on 311 metres south-west of its junction with Bottomdale Road in an easterly direction for a distance of 43 metres to the west boundary of the M6 Motorway
	Bottomdale Road (embankments only)	From a point 23 metres north-west of the centreline of the M6 Motorway in a north-westerly direction for a maximum distance of 45 metres

PART 4 — PRIVATE ACCESSES FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private Access to be stopped up	(3) Extent of stopping up
City of Lancaster	Access X7 on the street plans	On the east boundary of Powder House Lane at a point 133 metres north of the centre of its crossroad junction with Barley Cop Lane over the width of the access
	Access X10 on the street plans	On the east boundary of Folly Lane at a point 109 metres south of the southern boundary of the property known as Brookside over the width of the access
	Access X13 on the street plans	On the east boundary of the A6 Lancaster Road at a point 85 metres north of the northern boundary of the property known as Geiranger over the width of the access
	Access X15 on the street plans	On the east boundary of the A6 Lancaster Road at a point 52 metres south of the southern boundary of the property known as Morlich over the width of the access
	Access X18 on the street plans	On the east boundary of Kellet Lane at a point 301 metres southwest of its junction with the entrance to Beaumont Grange over the width of the access
	Access X19 on the street plans	On the east boundary of Kellet Lane at a point 208 metres south-west of its junction with the entrance to Beaumont Grange over the width of the access
	Access X22 on the street plans	On the north boundary of Halton Road at a point 48 metres west of the centreline of the M6 Motorway over the width of the access
	Access X23 on the street plans	On the north boundary of the A683 Caton Road/Lancaster Road at a point 188 metres west of the centreline of the M6 Motorway over the width of the access
	Access X25 on the street plans	On the north boundary of the A683 Caton Road/Lancaster Road at a point 122 metres east of the centreline of the M6 Motorway over the width of the access
	Access X29 on the street plans	On the south boundary of the A683 Caton Road/Lancaster Road at a point 113 metres west of the centreline of the M6 Motorway over the width of the access

SCHEDULE 7 — TEMPORARY PROHIBITION OR RESTRICTION OF USE OF STREETS

(1) Area	(2) Temporary prohibition or restriction of use of streets	(3) Extent of temporary prohibition or restriction of use of streets
City of Lancaster	Northgate	Over a distance of 130 metres west and 100 metres east from its junction with A683 Lancaster – Morecambe Bypass, the length shown hatched on street plan Sheet 1, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
	A683 Lancaster - Morecambe Bypass	Over a distance of 550 metres from 100 metres south-west of the junction with Northgate north-eastwards to the junction with A589/A683 Morecambe Road, the length shown hatched on street plan Sheet1; as required to ensure the safety of both the public and the workforce.
	Lancaster to Morecambe Cycle Track	Short term closure across construction site as required to ensure the safety of both the public and the workforce, until new permanent route is available.
	Hadrian Road	From its present junction at the roundabout on A589/A683 Morecambe Road to a point 10 metres east from unnamed cul-de-sac outside No 2 Hadrian Road, as required to ensure the safety of both the public and the workforce, until new permanent route is available. Access to frontages to be maintained at all reasonable times.
	A589 Morecambe Road	Over a distance of 250 metres west from the present roundabout, as the length shown hatched on Street Plans, Sheet 1, as required to ensure the safety of both the public and the workforce.. Access to frontages to be maintained at all reasonable times. This street is not to be closed at the same time as B5321 Lancaster Road/Torrisholme Road.
	A683 Morecambe Road	Over a distance of 180 metres east from the present roundabout, as the length shown hatched on street plan, Sheet 1, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times. This street is not to be closed at the same time as B5321 Lancaster Road/Torrisholme Road.
	B5321 Lancaster Road/Torrisholme Road	Over a distance of 190 metres east and south-east from No. 364 Lancaster Road (B5321) to 25 metres north-west of the Torrisholme Road (B5321) entrance to Lancaster and Morecambe College, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times. This street is not to be closed at the same time as A589/A683 Morecambe Road.
	Barley Cop Lane	From its junction with B5321 Lancaster Road/Torrisholme Road and Powder House Lane, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
	Powder House Lane	From its junction with Barley Cop Lane to its junction with Hasty Brow Road, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
	Folly Lane	North and west from its junction with Barley Cop Lane for a distance of 370 metres, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
	A6 Lancaster Road	Over a distance of 800 metres southwards from the property known as Lonsdale to the access track by the pumping station 50 metres north of the entrance to Beaumont College, the length shown hatched on street plan, Sheet 4, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
	Green Lane	From its junction with Bottomdale Road to the junction at Beaumont Hall bridge, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times.
	Kellet Lane	From its junction with Bottomdale Road to the junction with Halton Road, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times. This street is not to be closed at the same time as Bottomdale Road and Halton Road.
	Halton Road	From its junction with Kellet Lane to the junction with Church Brow, Halton, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times. This street is not to be closed at the same time as Kellet Lane and Bottomdale Road.
	Bottomdale Road	From its junction with Foundry Lane to the junction with Church Brow, Halton, as required to ensure the safety of both the public and the workforce. Access to frontages to be maintained at all reasonable times. This street is not to be closed at the same time as Kellet Lane and Halton Road.
	A683 Caton Road/Lancaster Road	Over a distance of 800 metres west and then south-west from a point 50 metres east of the entrance to the property known as Tarn View to a point 40 metres south-west of the entrance to the Holiday Inn Hotel, the length shown hatched on street plan Sheet 8 as required to ensure safe operations for both the public and the workforce. Access to frontages to be maintained at all reasonable times.
	M6 Motorway	Overnight closure between junctions 33 & 34 to allow erection of new sign gantries across the motorway as required.
	Footpath FP7 (Slyne –with-Hest)	Short term closure across construction site as required to ensure the safety of both the public and the workforce when alternative safe route not feasible, until new permanent route is available.
	Footpath FP9 (Halton-with-Aughton)	Short term closure across construction site as required during construction of the Lune West Bridge (Work No. 1 (xxvi)) to ensure the safety of both the public and the workforce when alternative safe route for pedestrians not feasible, until new permanent route is available.
	Footpath FP15 (Quernmore)	Short term closure across construction site as required during construction of the Lune West Bridge (Work No. 1 (xxvi)) to ensure the safety of both the public and the workforce when alternative safe route for pedestrians not feasible.
	Lune cycle path	Short term closure across construction site as required during construction of the Lune West Bridge (Work No. 1 (xxvi)) to ensure the safety of both the public and the workforce when alternative safe route for pedestrians not feasible.

SCHEDULE 8 — ACCESS TO AND FROM WORKS

PART 1 — PUBLIC ACCESS TO AND FROM WORKS

(1) Area	(2) Description of access
City of Lancaster	New access north-east from College Junction on A589/A683 – street plans Reference a
	Footpath and cycle track west off B5321 Torrisholme Road – street plans Reference b
	Footpath and cycle track east off B5321 Lancaster Road - within highway authority land – street plans Reference c
	Footpath west off Powder House Lane - within highway authority land – street plans Reference d
	Footpath west off Powder House Lane - within highway authority land – street plans Reference e
	Footpath and cycle track east off Folly Lane - within highway authority land – street plans Reference f
	Footpath and cycle track west off Lancaster Canal towpath - within highway authority land – street plans Reference g
	New access west off A6 Lancaster Road -Beaumont Link – street plans Reference h
	Footpath and cycle track south-west off A6 Lancaster Road - within highway authority land – street plans Reference i
	Footpath and bridleway east off Green Lane - within highway authority land – street plans Reference j
	Footpath and cycle track north-west off Kellet Lane - within highway authority land – street plans Reference k
	New access north off Halton Road – street plans Reference l
	Footpath, cycle track and bridleway north-west off Halton Road - within highway authority land – street plans Reference m
	New accesses north from Croskells junction, Caton Road – street plans Reference n
	Footpath and cycle track north off Caton Road - within highway authority land – street plans Reference o
	Footpath and cycle track south off Lune cycle path - within highway authority land – street plans Reference p
	New accesses south from Croskells junction, Caton Road – street plans Reference q
	Footpath and cycle track north off Barley Cop Lane - within highway authority land – street plans Reference r

PART 2 — PRIVATE ACCESS TO AND FROM WORKS

(1) Area	(2) Description of access
City of Lancaster	New private means of access – street plans Reference Number 3
	New private means of access – street plans Reference Number 4
	New private means of access – street plans Reference Number 7
	New private means of access – street plans Reference Number 9
	New private means of access – street plans Reference Number 10
	New private means of access – street plans Reference Number 11
	New private means of access – street plans Reference Number 12
	New private means of access – street plans Reference Number 13
	New private means of access – street plans Reference Number 14
	New private means of access – street plans Reference Number 15
	New private means of access – street plans Reference Number 17
	New private means of access – street plans Reference Number 18
	New private means of access – street plans Reference Number 19
	New private means of access – street plans Reference Number 21
	New private means of access – street plans Reference Number 23
	New private means of access – street plans Reference Number 24
	New private means of access – street plans Reference Number 25
	New private means of access – street plans Reference Number 26
	New private means of access – street plans Reference Number 27
	New private means of access – street plans Reference Number 29
	New private means of access – street plans Reference Number 30
	New private means of access – street plans Reference Number 34
	New private means of access – street plans Reference Number 35
	New private means of access – street plans Reference Number 41

SCHEDULE 9 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Number of land shown on land plans	(2) Purpose for which rights over the land may be acquired
41	The right of access and the right to carry out and maintain landscaping works for 20 years.
42, 60 and 61	The right of access, the right to construct, keep, and maintain, and rights for working spaces, in relation to the following works: boundary fences and embankments; the carrying out, and maintenance for 20 years only, of landscaping works; a new access track; wingwalls; a retaining wall; the installation of drainage pipes over land and playing fields forming part of premises known as Lancaster and Morecambe College.
49	Right of access to neighbouring land.
52	The right to construct, keep, and maintain, and rights for working spaces, in relation to works to erect and maintain boundary fences and embankments; to install and maintain drainage pipes; to construct and maintain wingwalls and foundations; to construct and maintain a retaining wall and foundations; the carrying out, and maintenance for 20 years only, of landscaping works.
56	The right to construct, keep and maintain retaining wall over land to the rear, south and north of premises known as Meter House (water), including related rights for working spaces and access.
65a	The right to construct and maintain an open watercourse along the north-west foot of the Heysham to M6 Link Road embankment, south of Torrisholme Road, including related rights for working spaces and access.
65b	The right to construct and maintain an open watercourse along the north-west foot of the Heysham to M6 Link Road embankment, and the right to divert across this land and maintain two water mains south of Torrisholme Road, including related rights for working spaces and access.
65c	The right to construct and maintain a jointing pit for high voltage electricity cables and the right to divert across this land and maintain two water mains south of Torrisholme Road, including related rights for working spaces and access.
65d	The right to divert across this land and maintain two water mains south of Torrisholme Road, including related rights for working spaces and access.
69	The right of access, and to construct, keep and maintain, and rights for working spaces, relating to the installation of drainage pipes and construction of a drainage headwall on adjacent land.
94, 95 and 96	The right to construct, keep and maintain a bridge to carry the Heysham to M6 Link Road and earthworks for Folly Lane and Powder House Lane diversions; related rights for access and working spaces, including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land and railway track.
108,110 and 112	The right to construct, keep and maintain a new bridge to carry the Heysham to M6 Link Road and sheet pile canal protection, related rights for access and working spaces, including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land.
120a and 121a	Rights to construct, keep and maintain apparatus, to create working spaces and access with or without vehicles, plant and machinery; to construct and maintain a temporary diversion of Lancaster Road (A6) and to regrade land upon removal of temporary diversion.
130, 132, 135, 136, 175 and 176	Rights of access, and to construct, keep and maintain, and rights for working spaces and access, relating to new bridges, including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land; for inspection and maintenance of Habitat Creation Area; to maintain culverted watercourse and headwall over grassland, pasture land and cattle grid forming part of Beaumont Gate Farm, including related rights for working spaces and access.
139, 142 to 172 inclusive	The right of access, to construct, keep and maintain Slynedales culvert including manholes, headwall and outfall cascade, and related rights for working spaces and access across grassland and pasture land forming part of Beaumont Gate Farm, part of Howgill Brook and part of public footpath (FP7) situated east of Lancaster Road (A6), below the Lancaster Canal, along Moss Place, Woodlands Road and Halton Road and Open Space off Halton Road.
182, 184, 185 and 186	The right to carry out, and maintain for 20 years, landscaping works.
192b, 193, 194 and 196	The right to construct, keep and maintain high pressure gas pipelines and medium pressure gas mains for National Grid in the Shefferlands area, and related rights for working spaces and access.
203	Right to install and maintain telecommunication ducts over land and access track.
220	The right to construct, keep and maintain drainage pipes and manholes to connect into existing Highways Agency drainage system including related rights for working spaces and access over land, verge and embankment, except those held by or on behalf of the Crown.
222	The right to construct, keep and maintain a new bridge to carry the Heysham to M6 Link Road, and related rights for working spaces and access including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land and the River Lune.
228	The right to construct, keep and maintain a new bridge to carry the Heysham to M6 Link Road, a reshaped existing cutting slope, a footpath and cycle track, and a culvert; related rights for working spaces and access, including the right to swing the jib of a crane, loaded or unloaded, in connection with development on adjoining land through the air-space over land (former railway), path, embankments and the Lune cycle path.
238 and 239	The right of access, and to maintain an existing culvert in, on, over or under land, car park, landscaped areas forming part of hotel premises known as Holiday Inn Lancaster and footpath (former railway), embankments and the Lune cycle path.
263	The right to construct, keep and maintain retaining wall forming part of Hudson’s farm; related rights for working spaces and access.
271	The right to carry out, and maintain for 20 years, landscaping works.
275, 277 and 278	The right to carry out, and maintain for 20 years, landscaping works.

SCHEDULE 10 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00021] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

• (a) for the words “land is acquired or taken” there are substituted the words “a right over land is purchased from”; and

• (b) for the words “acquired or taken from him” there are substituted the words “over which the right is exercisable”.

• (3) In section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5—

• (a) for the word “part” in paragraphs (a) and (b) there are substituted the words “a right over land consisting”;

• (b) for the word “severance” there are substituted the words “right over the whole of the house, building or manufactory or of the house and the park or garden”;

• (c) for the words “part proposed” there are substituted the words “right proposed”; and

• (d) for the words “part is” there are substituted the words “right is”.

Application of the 1965 Act

3

• (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired; or

• (b) the land over which the right is or is to be exercisable.

• (2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation in case of severance) there is substituted the following section—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (provisions as to divided land) there is substituted the following section—

(8) the Lancashire County Council (Torrisholme to the M6 Link (A683 Completion of Heysham to M6 Link Road)) Order 2013[^f00022] (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7

Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 11 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
City of Lancaster	8	Temporary working area to construct property boundary	Work No. 1(iv)
	9	Temporary working area to strengthen existing bridge	Work No. 1(iii)
	37	Temporary working area to provide new access off Morecambe Road (A589); new egress onto a road connecting to Hadrian Road and to reconfigure internal circulation and car parking layout	Work Nos. 1(v) and (vii)
	38	Temporary working area to construct and improve the existing access	Work No. 7
	39, 40, 43, 47, 48 and 50	Access and temporary working area to undertake accommodation works including erection of boundary fencing and gates, extending existing car parking area, construction of new access road and car parking areas and other mitigation works.	Work No. 7
	41	Temporary working area to construct screening mound	Work No. 7
	44	Temporary working area to demolish neighbouring buildings	Work No. 7
	67	Temporary working area to regrade existing ground	Work No. 1(x)
	82, 89, 99, 103, 116, 118, 122, 181, 197 and 207	Storage areas for soil arising and other materials	Work Nos. 1-17
	85	Temporary working area to construct new access	Work No. 1(xiii)
	89a	Temporary working area to lay down beams and other associated materials and to erect cranes in connection with the construction of the new railway bridge on adjoining land	Work No. 1(xiii)
	93	Temporary working area in connection with the construction of the new railway bridge	Work No. 1(xiii)
	100	Temporary working area to construct new access	Work No. 1(xiii)
	102, 104, 105, 106 , 107, 113 and 115	Temporary working area in connection with the construction of the new canal bridge including construction and maintenance of a temporary bridge over the canal and connection of new footpath and cycle track to canal towpath	Work Nos. 1(xiv) and (xv)
	120	Temporary working area to construct and maintain temporary diversion of Lancaster Road (A6) and to regrade land upon removal of temporary diversion	Work No. 1(xvii)
	121	Storage areas for soil arising and to regrade land upon removal soil arising	Work No. 1(xvii)
	125, 127 and 128	Temporary working area on part of Beaumont Gate Farm to regrade existing ground to new level of Lancaster Road (A6) and to improve existing accesses off the stopped up section of Lancaster Road (A6)	Work No. 1(xvii)
	129, 131, 133 and 134	Temporary working area in connection with the construction of the new farm occupation bridge and access track, including regrading land	Work No. 9
	139, 142 to 173	Temporary working area	Work No. 5
	140 and 141	Temporary right of access	Work No. 5
	180	Temporary working area to regrade existing ground to new level of Green Lane	Work No. 1(xix)
	182, 184, 185 and 186	Temporary working area to regrade and divert watercourse known as How Gill Brook	Work Nos. 1(xx) and 4
	183, 189, 190, 192 and 192a	Temporary working area to construct and maintain temporary diversion of Kellet Lane and to regrade existing ground to new level of Kellet Lane	Work No. 1(xxi)
	192b, 193, 194 and 196	temporary working area	Work No. 1(xxii)
	211 and 212	Temporary working area to regrade watercourse known as Cote Beck	Work No. 1(xxiii)
	217	Temporary working area to construct and reconfigure existing main access and entrance gate to Halton Training Camp off Halton Road	Work No. 8
	218	Compounds and ancillary features	Work Nos. 1-17
	227, 231, 232, 234 and 236	Temporary working area to construct the new bridge over the River Lune, to lay down beams and other associated materials, erect cranes and to construct a footpath and cycle track forming part of the Lancaster to Caton Cycle Track – River Lune Cycleway (No. 69) and River Lune Millennium Path	Work No. 1(xxvi)
	240	Temporary working area to construct and improve the existing access to the hotel known as Holiday Inn Lancaster	Work No. 1(xxix)
	241	Temporary right of access along access way to the west of the hotel known as Holiday Inn Lancaster	Work Nos. 1(xxvi) and (xxix)
	242	Temporary right of access along land (former railway), public footpath (No. 15) and the Lancaster to Caton Cycle Track – River Lune Cycleway (No. 69) and River Lune Millennium Path, Lune Valley Ramble, the Caton Trail and Halton Circular Walk	Work No. 1(xxix)
	261	Temporary working area to construct access track and fence for the premises known as Cuckoo Farm or Ridge Farm	Work No. 1(xxviii)
	262, 264 and 266	Temporary working area to erect retaining wall and to construct new access off Caton Road (A683), and to regrade existing ground, for the property known as Hudson’s Farm	Work Nos. 1(xxviii) and (xxxi)
	267, 268 and 269	Temporary working area to improve the existing access off Caton Road (A683) for the properties known as Tarn View and Three Acres	Work No. 1(xxx)
	271	Temporary working area to construct access track, regrade existing ground, and install drainage	Work No. 1(xxx)
	275, 277 and 278	Temporary working area to realign Grimeshaw Lane	Work No. 1(xxxiv)
	280, 283, 285 and 287	Temporary working area to construct foundations and erect new sign gantry	Work No. 1(xxxii)

SCHEDULE 12 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree	(2) Number of tree on land plan	(3) Work to be carried out
Sessile Oak (Quercus petraea)	TPO -1 (Barley Cop Lane – south verge 10 metres west of junction with Powder House Lane)	Lopping overhanging branches to prevent damage by construction traffic
Common Ash (Fraxinusexcelsior)	TPO -2 (Powder House Lane – west verge 50 metres south of junction with Barley Cop Lane)	Lopping overhanging branches to prevent damage by construction traffic
Sycamore (Acer pseudoplatanus)	TPO -3 (Powder House Lane – west verge 90 metres south of junction with Barley Cop Lane)	Lopping overhanging branches to prevent damage by construction traffic
Sycamore (Acer pseudoplatanus)	TPO 4 (Powder House Lane – west verge 100 metres south of junction with Barley Cop Lane)	Lopping overhanging branches to prevent damage by construction traffic
Sycamore (Acer pseudoplatanus)	TPO -5 (Powder House Lane – west verge 110 metres south of junction with Barley Cop Lane)	Lopping overhanging branches to prevent damage by construction traffic

SCHEDULE 13 — FOR THE PROTECTION OF THE CANAL & RIVER TRUST

Interpretation

1

• (1) For the protection of the Trust the following provisions of this Schedule, unless otherwise agreed in writing between the undertaker and the Trust, have effect.

• (2) In this Schedule

• “Authorised works” means the construction of any works authorised by this Order;

• “construction”, in relation to any specified work or protective work, includes– the execution and placing of that work; and any relaying, renewal, or maintenance of that work as may be carried out during the period of 12 months from the completion of that work; and “construct” and “constructed” have corresponding meanings;

• “detriment” means any damage to the waterway or any other property of the Trust and, without limitation on the scope of that meaning, includes— any obstruction of, or interference with, or hindrance or danger to, navigation or to any use of the waterway (including towing paths); the erosion of the bed or banks of the waterway, or the impairment of the stability of any works, lands or premises forming part of the waterway; the deposit of materials or the siltation of the waterway so as to materially damage the waterway; the pollution of the waterway; any significant alteration in the water level of the waterway, or significant interference with the supply of water to it, or drainage of water from it; any material harm to the ecology of the waterway (including any material adverse impact on any site of special scientific interest comprised in the Trust’s network); and (any interference with the exercise by any person of rights over the Trust’s network;

• “the engineer” means an engineer appointed by the Trust for the purpose in question;

• “plans” includes sections, designs, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction) and programmes;

• “practical completion” means practical completion of all of the specified work notwithstanding that items which would ordinarily be considered snagging items remain outstanding, and the expression “practically complete” and “practically completed” are to be construed accordingly

• “protective work” means a work constructed under paragraph 6(3)(a);

• “specified work” means so much of any of the authorised works as is situated upon, across, under, over or within 15 metres of, or may in any way affect the waterway;

• “towing path” means the towing path forming part of the waterway;

• “the Trust” means the Canal & River Trust;

• “the Trust’s network” means the Trust’s network of waterways;

• “the waterway” means the Lancaster Canal, and includes any works, lands or premises belonging to the Trust, or under its management or control, and held or used by the Trust in connection with that canal.

Powers requiring Canal & River Trust consent

2

• (1) The undertaker must not under the powers conferred by this Order acquire compulsorily any land of the Trust or any easement or other right over such land, or use any such land, unless such acquisition or use is with the consent of the Trust.

• (2) The undertaker must not in the exercise of the powers conferred by this Order obstruct or interfere with pedestrian or vehicular access to the waterway unless such obstruction or interference with such access is with the consent of the Trust.

• (3) The undertaker must not exercise the powers conferred by article 13 (temporary prohibition or restriction of use of streets) in relation to any way over land comprised in the waterway unless such exercise is with the consent of the Trust.

• (4) Nothing in article 18 (temporary closure of, and works in, the canal) authorises the undertaker—

• (a) to discharge any water directly or indirectly into the waterway; or

• (b) to carry out any works to, or make any opening in, or otherwise interfere with, the waterway (including its banks and bed),

except with the consent of the Trust and on terms that the Trust may reasonably require, and in accordance with plans approved by, and under the supervision (if given) of, the engineer.

• (5) The undertaker must not exercise any power conferred by this Order in such a way as to interfere with the supply of water to or the drainage of water from the waterway unless such exercise is with the consent of the Trust.

• (6) The undertaker must not exercise the powers conferred by article 18, or article 19 (authority to survey and investigate land) or section 11(3) of the 1965 Act (power of entry for surveying land), in relation to the waterway unless such exercise is with the consent of the Trust.

• (7) The undertaker must not exercise the powers conferred by section 271 of the Town and Country Planning Act 1990, in respect of any right of access to the waterway, unless such exercise is with the consent of the Trust.

• (8) The consent of the Trust under sub-paragraphs (1) to (7) and the approval of plans under sub-paragraph (4) must not be unreasonably withheld or delayed but may be given subject to reasonable terms and conditions which in the case of article 6 (discharge of water) may include conditions—

• (a) specifying the maximum volume of water which may be discharged in any period; and

• (b) authorising the Trust on giving reasonable notice (except in an emergency, when the Trust may require immediate suspension) to the undertaker to require the undertaker to suspend the discharge of water or reduce the flow of water where this is necessary by reason of any operational or environmental requirement of the Trust.

Vehicles, plant and machinery

3

The undertaker must not use any land or property of the Trust forming part of the waterway for the passage or siting of vehicles, plant or machinery employed in the construction of the specified works other than—

• (a) with the consent in writing of the engineer whose consent must not be unreasonably withheld; and

• (b) subject to compliance with such reasonable requirements as the engineer may from time to time specify—

• (i) for the prevention of detriment; or

• (ii) in order to avoid or reduce any inconvenience to the Trust, its officers and agents and all other persons lawfully on such land or property,

but nothing in this paragraph applies in relation to anything done in accordance with any approval given by the Trust under paragraph 7.

Fencing

4

Where so required by the engineer the undertaker must to the reasonable satisfaction of the engineer fence off a specified work or a protective work or take such other steps as the engineer may reasonably require to be taken for the purpose of separating a specified work or a protective work from the waterway, whether on a temporary or permanent basis or both.

Survey of waterway

5

• (1) Before the commencement of the initial construction of any part of the specified works and again following practical completion of the specified works the undertaker must appoint a qualified engineer (“the surveyor”) , to be approved by the Trust and must bear the reasonable cost of the carrying out by the surveyor of a topographical survey (including a dip-survey to measure the depth of the waterway) (“the survey”) of so much of the waterway and of any land and existing works of the undertaker which may provide support for the waterway as will or may be affected by the specified works.

• (2) For the purposes of the survey the undertaker must—