The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess.

• (5) For the purposes of paragraph (4)—

• (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

• (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

• (6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

• (7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 (street works in England and Wales) of the 1991 Act, but instead—

• (a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

• (b) the allowable costs are to be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

• (8) In this article—

• “relocation works” means work executed, or apparatus provided, under paragraph (2); and

• “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation) of the Communications Act 2003²⁸.

Recovery of costs of new connections

32

• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 30 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 30 (statutory undertakers), any person who is—

• (a) the owner or occupier of premises the drains of which communicated with that sewer; or

• (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

• (3) This article does not have effect in relation to apparatus to which article 31 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 (street works in England and Wales) of the 1991 Act applies.

• (4) In this article—

• “public communications provider” has the same meaning as in section 151(1) (interpretation) of the Communications Act 2003; and

• “public utility undertaker” has the same meaning as in the 1980 Act.

Compulsory acquisition of land – incorporation of the mineral code

33

Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981²⁹ are incorporated in this Order subject to the modifications that—

• (a) paragraph 8(3) is not incorporated;

• (b) for “the acquiring authority” substitute “the undertaker”; and

• (c) for “minerals” substitute “minerals and other substances”.

Special category land

34

• (1) Subject to paragraph (2), so much of the special category land as is required for the purposes of the exercise by the undertaker of the Order rights is discharged from all rights, trusts and incidents to which it was previously subject.

• (2) Plots 10-01a and 10-01b are not to be discharged from the rights, trusts and incidents to which they were previously subject until the Secretary of State has certified that a scheme for the provision of replacement land as common has been implemented to the Secretary of State’s satisfaction.

• (3) In this article—

• “the Order rights” means rights exercisable over special category land by the undertaker under articles 19 (authority to survey and investigate land), 20 (compulsory acquisition of land), 22 (compulsory acquisition of rights), or 28 (temporary use of land for carrying out the authorised development);

• “the special category land” means the land identified as forming open space and registered common land and numbered 10-01a, 10-01b, 18-19, 20-03, 20-27, 20-28, 20-32, 20-33, 20-34, 20-35, 20-36, 20-37a, 20-37c, 20-41a, 20-41c, 21-01, 21-02a, 21-02c, 21-02d, 21-12a, 21-13, 21-15, 21-16, 21-17, 22-12, 22-26, 23-04, 23-32, 23-33, 23-34, 23-35 in the book of reference and on the land plans; and

• “the replacement land” means the land identified on the plan entitled “replacement land plan”.

PART 6 — MISCELLANEOUS AND GENERAL

Felling or lopping of trees

35

• (1) The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

• (b) from constituting a danger to persons using the authorised development.

• (2) In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

• (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Trees subject to tree preservation orders

36

• (1) The undertaker may fell or lop any tree described in Schedule 8 (trees subject to tree preservation orders), cut back its roots or undertake such other works described in column (2) of that Schedule if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub—

• (a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

• (b) from constituting a danger to persons using the authorised development.

• (2) In carrying out any activity authorised by paragraph (1)—

• (a) the undertaker is to do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss of damage arising from such activity; and

• (b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act is not to apply.

• (3) The authority given in paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

• (4) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Operational land for purposes of the 1990 Act

37

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

38

• (1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990³⁰ in relation to a nuisance falling within paragraphs (c), (d), (e), (fb), (g), (ga) and (h) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if—

• (a) the defendant shows that the nuisance—

• (i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974³¹; or

• (ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

• (b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

• (2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protection of interests

39

Schedule 9 (protection of interests) has effect.

Certification of plans, etc.

40

• (1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

• (a) the land plans (Document Reference No. 2.2, dated January 2016) which are listed in full in Schedule 10 (documents subject to certification);

• (b) the works plans (Document Reference No. 2.3, dated February 2016) which are listed in full in Schedule 10;

• (c) the rights of way and access plans (Document Reference No. 2.4, dated March 2015;

• (d) the engineering drawings and sections (Document Reference Nos. 2.5 - 2.9, dated March 2015) which are listed in full in Schedule 12 (engineering drawings, sections and other information);

• (e) the book of reference (Document Reference No. 4.3, dated January 2016);

• (f) the environmental statement (Document Reference No. 6.1, dated March 2015);

• (g) the outline environmental management plan (Document Reference No. 6.3/4.2, dated March 2015);

• (h) the outline construction environmental management plan (Document Reference No. 6.3/4.2, dated March 2016);

• (i) the engineering and design report (Document Reference No. 7.3, dated March 2015);

• (j) the environmental masterplan, being Annex A to the engineering and design report (Document Reference No. 7.4, dated February 2016);

• (k) the drainage strategy report (Document Reference No. 7.5, dated January 2016);

• (l) the replacement land plan (Document Reference 514451-MUH-ML-ZZ-SK-LR-301458, dated March 2015); and

• (m) the flood risk assessment (Document Reference No. 5.3, dated February 2016),

for certification that they are true copies of the plans or documents referred to in this Order.

• (2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

41

• (1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

• (a) by post;

• (b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

• (c) with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

• (2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978³² as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled only where—

• (a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

• (b) the notice or document is capable of being accessed by the recipient;

• (c) the notice or document is legible in all material respects; and

• (d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

• (6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

• (7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

• (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

• (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

• (b) such revocation will be final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

• (10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

42

Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

Traffic regulation

43

• (1) This article applies to roads in respect of which the undertaker is not the traffic authority.

• (2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development—

• (a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

• (b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

• (c) authorise the use as a parking place of any road;

• (d) make provision as to the direction or priority of vehicular traffic on any road; and

• (e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

• (3) Subject to paragraph (7), the power conferred by paragraph (2) must not be exercised after the expiry of 12 months from the opening of the authorised development for public use, but any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

• (4) The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

• (5) The undertaker must not exercise the powers conferred by paragraph (2) unless the undertaker has—

• (a) given not less than—

• (i) 12 weeks’ notice in writing of the undertaker’s intention to do so in the case of a prohibition, restriction or other provision intended to have effect permanently; or

• (ii) 4 weeks’ notice in writing of the undertaker’s intention to do so in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

• (b) advertised the undertaker’s intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

• (6) Any prohibition, restriction or other provision made by the undertaker under paragraph (2)—

• (a) has effect as if duly made by, as the case may be—

• (i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

• (ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act³³,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

• (b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004³⁴.

• (7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months from the opening of the authorised development.

• (8) Before exercising the powers conferred by paragraph (2) the undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.

• (9) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

• (10) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

• (11) If a traffic authority which receives an application for consent under paragraph (2) fails to notify the undertaker of its decision before the end of the period of 6 weeks beginning with the date on which the application was made, it is deemed to have granted consent.

Procedure in relation to certain approvals etc.

44

• (1) Where an application is made to or a request is made of a discharging authority or the Secretary of State for any consent, agreement or approval required or contemplated by any of the provisions of the Order such consent, agreement or approval must, if given, be given in writing and must not be unreasonably withheld.

• (2) Schedule 11 (procedure for discharge of certain approvals) has effect in relation to all consents, agreements or approvals granted, refused or withheld by a discharging authority, but does not apply to any decision of the Secretary of State to which the procedure under Part 2 of Schedule 2 (procedure for discharge of requirements) applies.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of West Berkshire Council, Wokingham Borough Council, Reading Borough Council, the Royal Borough of Windsor and Maidenhead, Bracknell Forest Council, Buckinghamshire County Council, South Bucks District Council, Slough Borough Council, the London Borough of Hillingdon, the London Borough of Hounslow and the Greater London Authority

Work No. 1a – The improvement of the eastbound carriageway of the M4 Motorway (51.3 kilometres in length) commencing at grid reference 465337E; 171339N and terminating at grid reference 510045E; 178287N; and

Work No. 2b – The realignment of the M4 Junction 12 (Theale) westbound off-slip commencing at grid reference 465643E; 171122N and terminating at grid reference 465192E; 171383N.

Work No. 3a – The realignment of the Reading Motorway Service Area eastbound off-slip commencing at grid reference 467119E; 170000N and terminating at grid reference 467427E; 169953N.

In the administrative area of West Berkshire Council

Work No. 2a – The realignment of the M4 Junction 12 (Theale) eastbound on-slip commencing at grid reference 465236E; 171427N and terminating at grid reference 465627E; 171163N.

Work No. 4d – The realignment of the M4 Junction 11 (Three Mile Cross) westbound on-slip commencing at grid reference 471298E; 168737N and terminating at grid reference 470873E; 169006N.

Work No. 5e – The improvement of the M4 Junction 10 (Winnersh) westbound on-slip (1) commencing at grid reference 479941E; 170955N and terminating at grid reference 479741E; 170888N.

Work No. 5f – The realignment of the M4 Junction 10 (Winnersh) westbound on-slip (2) commencing at grid reference 479576E; 170692N and terminating at grid reference 479056E; 170283N.

In the administrative area of Wokingham Borough Council and Reading Borough Council

Work No. 4a – The realignment of the M4 Junction 11 (Three Mile Cross) eastbound off-slip commencing at grid reference 470765E; 169102N and terminating at grid reference 471343E; 168783N.

In the administrative area of Wokingham Borough Council

Work No. 5a – The realignment of the M4 Junction 10 (Winnersh) eastbound off-slip commencing at grid reference 478879E; 170222N and terminating at grid reference 479314E; 170512N.

In the administrative area of the Royal Borough of Windsor and Maidenhead

Work No. 6a – The realignment of the M4 Junction 8/9 (Holyport) eastbound off-slip commencing at grid reference 487916E; 178093N and terminating at grid reference 488542E; 178548N.

Work No. 15 – The extension of Chalvey Culvert to both north and south at the location shown on the works plans to accommodate Works 16a and 16d.

Work No. 16a – The realignment of the M4 Junction 6 (Chalvey) eastbound off-slip commencing at grid reference 495259E; 179448N and terminating at grid reference 495873E; 179259N.

Work No. 16b – The realignment of the M4 Junction 6 (Chalvey) eastbound on-slip commencing at grid reference 496277E; 179133N and terminating at grid reference 497074E; 179076N.

In the administrative areas of the Royal Borough of Windsor and Maidenhead and Buckinghamshire County Council, South Bucks District Council

Work No. 9a – The widening of the M4 motorway at the location of the existing Thames Bray underbridge commencing at grid reference 491117E; 179361N and terminating at grid reference 491608E; 179713N, including realignment of the M4 central reserve and realignment of the footway and cycle way along the motorway.

In the administrative area of Buckinghamshire County Council, South Bucks District Council

Work No. 10a – The widening of the eastbound carriageway of the M4 motorway on the north side at the location of the existing Marsh Lane overbridge commencing at grid reference 491720E; 179753N and terminating at grid reference 491879E; 179796N.

In the administrative area of Buckinghamshire County Council, South Bucks District Council and Slough Borough Council

Work No. 12a – The realignment of the M4 Junction 7 (Huntercombe) eastbound off-slip commencing at grid reference 493056E; 180075N and terminating at grid reference 493372E; 180147N.

In the administrative area of Slough Borough Council

Work No. 13a – The realignment of the M4 Junction 7 (Huntercombe) eastbound off-slip commencing at grid reference 493056E; 180075N and terminating at grid reference 493372E; 180147N.

and in connection with such works and to the extent that they do not otherwise form part of any such work, and whether or not shown on the plans referred to in the requirements including—

• (a) the provision of up to 9 no. construction compounds in the areas shown on the works plans;

• (b) alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level or increasing the width of any such kerb, footway, cycle track or verge; and reducing the width of the carriageway of the street;

• (c) ramps, means of access, footpaths, bridleways, cycle tracks, embankments, aprons, abutments, shafts, foundations, retaining walls, wing walls, bunds, embankments, swales, fencing, boundary treatments and highway lighting including the mounting of lighting columns on the rigid concrete barrier, subject to requirement 19;

• (d) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street; works to place or maintain apparatus in a street; works to alter the position of apparatus, including mains, sewers, drains and cables;

• (e) the provision of thin surface course and carriageway markings;

• (f) diversion of utilities apparatus, including gas and water pipelines and electric cables;

• (g) earthworks, including the extension of earthworks;

• (h) retaining structures;

• (i) barriers;

• (j) refurbishment works to any existing bridge or gantry;

• (k) works to alter or remove road furniture;

• (l) works to alter the course of, or otherwise interfere with a watercourse;

• (m) water supply works, foul drainage provision, surface water management systems, and culverting;

• (n) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

• (o) the provision of environmental mitigation;

• (p) works for the benefit or protection of land affected by the authorised development;

• (q) the demolition of buildings and structures within the Order limits;

• (r) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soil stripping and storage, site levelling);

• (s) works required for the strengthening, improvement, maintenance or reconstruction of any streets; and

• (t) such other works, including contractors’ compounds, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development.

Work No. 16d – The realignment of the M4 Junction 6 (Chalvey) westbound on-slip commencing at grid reference 495221E; 179428N and terminating at grid reference 495864E; 179204N.

Work No. 17 – The widening of Windsor Branch Railway underbridge to the south side of the existing bridge, at the location shown on the works plans, including widening of foundations, substructure and bridge deck to accommodate Works 16b and 16c.

Work No. 18 – The extension of the water and gas main subway under the M4 carriageway west of Datchet Road to both north and south at the location shown on the works plans including diversion of the utilities passing through the subway and closure of the existing access manholes in the hard shoulders of the M4 motorway.

In the administrative area of Slough Borough Council and the Royal Borough of Windsor and Maidenhead

Work No. 19a – The widening of the eastbound carriageway of the M4 motorway on the north side at the location of the existing Datchet Road overbridge commencing at grid reference 497855E; 178907N and terminating at grid reference 497983E; 178805N.

In the administrative area of the Royal Borough of Windsor and Maidenhead

Work No. 20a – The widening of the eastbound carriageway of the M4 motorway on the north side at the location of the existing Recreation Ground overbridge commencing at grid reference 498117E; 178655N and terminating at grid reference 498210E; 178520N.

In the administrative areas of the Royal Borough of Windsor and Maidenhead and Slough Borough Council

Work No. 24a – The realignment of the M4 Junction 5 (Langley) eastbound off-slip commencing at grid reference 500685E; 177740N and terminating at grid reference 501031E; 177926N.

In the administrative areas of Buckinghamshire County Council, South Bucks District Council and Slough Borough Council

Work No. 25 – The demolition of the existing Old Slade Lane overbridge over the M4 and construction of a new bridge over the M4 and the realignment of Old Slade Lane commencing at grid reference 503720E; 178176N and terminating at grid reference 503729E; 178491N, including construction of retaining walls.

In the administrative area of Slough Borough Council

Work No. 26a – The realignment of the M4 Junction 4b (M25) eastbound off-slip and widening of the eastbound carriageway of the M4 motorway on the north side at the location of the existing Old Slade Lane overbridge commencing at grid reference 503425E; 178213N and terminating at grid reference 504178E; 178422N.

In the administrative area of the London Borough of Hillingdon

Work No. 27a – The realignment of the M4 Junction 4b (M25) eastbound on-slip commencing at grid reference 505255E; 178385N and terminating at grid reference 505643E; 178384N and the construction of a sign-only cantilever gantry above the on-slip within the gantry siting locations shown as “Gantry Type 4” on the works plans, including gantry foundations gantry structure, signs, sign illumination, control cabinets and power cable connections.

SCHEDULE 2

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “CEMP” means the construction environmental management plan to be submitted and approved under requirement 8;

• “EMP” means the environmental management plan to be submitted and approved under requirement 7;

• “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017; and

• “HEMP” means the handover environmental management plan, being the CEMP to be developed towards the end of the construction of the authorised development which is to contain—the environmental information needed for the future maintenance and operation of the authorised development;the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; anda record of the consents, commitments and permissions resulting from liaison with statutory bodies.

Time limits

2

The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Detailed design

3

Except where the authorised development is carried out in accordance with the plans listed in requirement 4, no part of the authorised development is to commence until details of the layout, scale, siting, design, dimensions and external appearance of Works Nos. 7a, 8c, 9b, 10c, 11c, 12e, 13c, 14c, 17, 19c, 20c, 22c, 24g, 24i and 25, earthworks and retaining structures comprised in the authorised development so far as they do not accord with the development shown in the plans listed in requirement 6 have been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority and any relevant statutory authority. The authorised development must be carried out in accordance with the details shown in the plans listed in requirement 6 or approved under this requirement.

Gantry design

4

The gantries to be constructed described as Gantry Type 5 in Schedule 1 (authorised development) are to be designed in accordance with drawing 514451-MUH-ST-ZZ-DR-GN-301415 or drawing 514451-MUH-ST-ZZ-DR-GN-301416 of the engineering drawings and sections, in accordance with details to be submitted to and approved by the Secretary of State following consultation with the relevant planning authority.

Carriageway surfacing

5

• (1) Where any carriageway comprised in Work No. 1a and 1b, or any slip road, is to be resurfaced as part of the authorised development, TSCS is to be provided unless otherwise approved by the Secretary of State. Any material approved by the Secretary of State as low noise surfacing must have similar noise reduction properties as TSCS.

• (2) Any subsequent resurfacing of any carriageway or slip road referred to in sub paragraph (1) must be carried out using low noise surfacing material with similar (or improved) noise reduction properties to the TSCS unless otherwise approved by the Secretary of State following consultation with the relevant planning authority.

Engineering drawings, sections and other information

6

• (1) The authorised development must be carried out in accordance with the approved plans submitted with the application (unless otherwise approved by the Secretary of State, following consultation with the relevant planning authority and provided that the altered development accords with the principles of the engineering and design report (Application Document Reference No. 7.3) and falls within the Order limits) as listed in Schedule 12 (engineering drawings, sections and other information).

• (2) Where any alternative details are approved under this requirement or requirements 3 (detailed design) or 20 (amendments to approved details), those details are deemed to be substituted for the corresponding details in the approved plans as listed in Schedule 12.

Environmental Management Plan

7

• (1) No part of the authorised development is to commence until an EMP, substantially in accordance with the outline EMP (Application Document Reference No. 6.3, Appendix 4.2), has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

• (2) All construction work must be carried out in accordance with the approved EMP unless otherwise approved by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

Construction Environmental Management Plan

8

• (1) No part of the authorised development is to commence until a CEMP, substantially in accordance with the outline CEMP (Application Document Reference No. 6.3, Appendix 4.2A), annexed to the outline EMP (Application Document Reference No. 6.3, Appendix 4.2) has been submitted to and approved by the Secretary of State, following consultation with the Environment Agency and the relevant planning authority.

• (2) The construction of the authorised development must be carried out in accordance with the CEMP.

• (3) Upon completion of construction of the authorised development the CEMP must be converted into the HEMP.

• (4) The authorised development must be operated and maintained in accordance with the HEMP.

Implementation and maintenance of landscaping

9

• (1) No part of the authorised development is to commence until a landscaping scheme and programme has been submitted to and approved by the Secretary of State following consultation with the relevant planning authority.

• (2) The landscaping scheme must reflect the mitigation measures included in the environmental masterplan annexed to the engineering and design report (Application Document Reference No. 7.3) and set out details of all proposed hard and soft landscaping works, including—

• (a) location, number, species (which must be native species), size and planting density of any proposed planting;

• (b) cultivation, importing of materials and other operations to ensure plant establishment;

• (c) details of existing trees to be retained, with measures for their protection during the construction period; and

• (d) a programme, which may relate to any part of the authorised development, or the whole, for the implementation of the landscaping scheme.

• (3) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

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

• (5) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, dies or becomes, in the opinion of the Secretary of State, seriously diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the Secretary of State gives consent to any variation.

Fencing

10

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with Highways England’s Manual of Contract Documents for Highway Works, Volume 1 – Specification for Highway Works (consolidated edition, November 2005, amended as at May 2014 or as subsequently amended), except where any departures from that manual are agreed by the Secretary of State, following consultation with the relevant planning authority.

Ecological mitigation

11

Ecological mitigation of the authorised development with respect to protected species, including the provision of any mammal underpasses or tunnels, set out in the environmental masterplan (Application Document Reference No. 7.4, Annex A) and the CEMP, must be provided in accordance with the principles of guidance in Highways England’s Design Manual for Roads and Bridges, Volume 10, Section 4 (Volume 10, October 1994, amended as at May 2014 or as subsequently amended), as supported by additional guidance from the Institute of Ecology and Environmental Management, published ecological literature, and consultation with statutory and non-statutory nature conservation bodies, except where any departures from that guidance are agreed by the Secretary of State, following consultation with Natural England and the relevant planning authority.

Contaminated land and groundwater

12

• (1) No part of the authorised development is to commence until a geotechnical design report has been produced based on and including the results of ground investigation, which are to inform (where and to the extent necessary) a written scheme to deal with contaminated groundwater due to landfill (if any is identified within the report) and which has been submitted to and approved by the Secretary of State following consultation with the Environment Agency, the relevant water undertaker and the relevant planning authority.

• (2) Any scheme to deal with contaminated groundwater produced in accordance with sub-paragraph (1) must be implemented as part of the authorised development.

• (3) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, the undertaker must cease construction of the authorised development in the vicinity of that contaminated land and must report it immediately to the Environment Agency, the relevant water undertaker, the relevant planning authority and the Secretary of State, and the undertaker must complete a risk assessment of the contamination.

• (4) Where the Secretary of State determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved by the Secretary of State, following consultation with the Environment Agency, the relevant water undertaker and the relevant planning authority.

• (5) No remedial work constituting a material operation (as defined in section 155 (when development begins) of the 2008 Act) in respect of contamination of any land, including groundwater, within the Order limits is to be carried out until the scheme for remediation has been approved under sub-paragraph (4).

• (6) Remediation must be carried out in accordance with the scheme approved under sub-paragraph (4).

• (7) In this requirement ‘relevant water undertaker’ means the water undertaker within the meaning of the Water Industry Act 1991³⁵ for the land in question.

Protected species

13

• (1) No part of the authorised development is to commence until final pre-construction survey work for that part has been undertaken to establish whether European or nationally protected species are present on any of the land affected, or likely to be affected, by that part of the authorised development or in any of the trees and shrubs to be lopped or felled as part of the authorised development.

• (2) Where a protected species is shown to be, or where there is a reasonable likelihood of it being, present, the relevant part of the authorised development must not begin until a scheme of protection and mitigation measures or translocation of the relevant species has been submitted to and approved by the Secretary of State, following consultation with Natural England.

• (3) The relevant part of the authorised development must be carried out in accordance with the approved scheme, or with any amended scheme that may be subsequently approved by the Secretary of State, following consultation with Natural England, and under any necessary protected species licence.

• (4) Monitoring of impacts on protected species and habitats prior to, during and after construction, together with the monitoring and management of mitigation measures, must be carried out as far as required to meet the protected species licence requirements.

• (5) In the event that any protected species are found at any time when carrying out the authorised development which were not previously identified in the environmental statement—

• (a) the finding must be reported immediately to Natural England; and

• (b) no activities requiring a protected species licence are to continue until a scheme of protection and mitigation measures for the protected species has been submitted to, and approved by, Natural England and the Secretary of State.

Surface water drainage

14

• (1) No part of the authorised development is to commence until a surface and foul water drainage scheme has been submitted to and approved by the Secretary of State, following consultation with the relevant lead local flood authority and South East Water Limited. The surface and foul water drainage scheme must—

• (a) include a survey of the existing drainage system in the Order land to identify areas affected by the works where repair or replacement of existing drainage infrastructure is required; and

• (b) reflect the mitigation measures in the drainage strategy report (Application Document Reference No. 7.5) and include means of pollution control.

• (2) The surface and foul water drainage system must be constructed in accordance with the approved surface and foul water drainage scheme.

Archaeological remains

15

• (1) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be investigated and recorded and reported to the Secretary of State, Historic England and the relevant planning authority by means of a technical report identifying the location for the housing of any finds.

• (2) 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 by the Secretary of State, following consultation with Historic England and the relevant planning authority.

• (3) If the Secretary of State is 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 further investigation and recording of the remains in accordance with details first submitted to, and approved by, the Secretary of State, following consultation with Historic England and the relevant planning authority.

Written scheme of investigation

16

• (1) No part of construction compound 5 is to be constructed or used until a programme of archaeological work including a written scheme of investigation has been submitted to and approved by the relevant planning authority. The written scheme of investigation must include—

• (a) a programme and methodology of site investigation and recording;

• (b) a programme for post investigation assessment;

• (c) provision for analysis of the site investigation recording;

• (d) provision for publication and dissemination of the analysis and records of the site investigation;

• (e) provision to be made for archive deposition of the analysis and records of the site investigation; and

• (f) nomination of a competent person or organisation to undertake the work set out within the written scheme of investigation.

• (2) Construction compound 5 is not to be constructed or used other than in accordance with the written scheme of investigation approved under sub-paragraph (1).

• (3) The site investigation and post investigation assessment is to be completed in accordance with the programme set out in the written scheme of investigation approved under sub-paragraph (1).

Buildings at risk

17

No part of the authorised development is to be carried out in the vicinity of any buildings assessed to be at risk in the environmental statement or in the opinion of the relevant planning authority without first notifying the relevant planning authority.

Construction traffic management

18

• (1) No part of the authorised development is to commence until a construction traffic management plan, detailing traffic management measures during construction of the authorised development and substantially in accordance with the outline construction traffic management plan annexed to the outline CEMP (Application Document Reference No. 6.3, Appendix 4.2A, Annex E), has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority.

• (2) The authorised development must be constructed in accordance with the approved details.

Permanent lighting

19

• (1) No permanent lighting forming part of the authorised development is to be installed until a written lighting scheme has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority.

• (2) The authorised development must be constructed in accordance with the approved scheme.

• (3) Lighting installed as part of the authorised development must not be more than 1 metre higher than the existing lighting columns.

Amendments to approved details

20

With respect to any requirement which requires the authorised development to be carried out in accordance with any details or scheme approved under this Schedule, the approved details or scheme are to be taken to include any amendments that may subsequently be approved.

Control of noise during construction of the scheme

21

• (1) No part of the authorised development is to commence until a written scheme for noise management during construction of the authorised development has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority.

• (2) The scheme is to set out the particulars of—

• (a) the reasonable noise management measures to be taken in relation to noise resulting from the construction of the scheduled works; and

• (b) measures for monitoring noise levels during construction of the scheduled works to ensure compliance with the scheme and the effectiveness of the management measures.

• (3) The scheduled works must be undertaken in accordance with the approved noise management scheme.

Acoustic barriers

22

• (1) No part of the authorised development is to commence until details of a scheme to install or replace acoustic barriers in the locations shown on the environmental masterplan (Application Document Reference No. 7.4, Annex A) contained within the environmental statement has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority.

• (2) The acoustic barriers installed in accordance with the scheme approved in sub-paragraph (1) must—

• (a) match adjacent retained acoustic barriers so far as possible; and

• (b) be compliant with any engineering requirements governing the form of acoustic barriers which may be installed.

• (3) Where the barriers as shown on the environmental masterplan are found not to be fit for purpose as acoustic barriers of equivalent standard to the requirements for acoustic barriers set out in the Specification for Highway Works CI.2504, or as amended, whether by reason of—

• (a) their state of repair; or

• (b) their original design,

the scheme referred to in sub-paragraph (1) is to provide for their removal and replacement with acoustic barriers consistent with the requirements for acoustic barriers set out in the Specification for Highway Works CI.2504, or as amended.

• (4) The scheme approved under sub-paragraph (1) must be implemented before operation of the authorised development commences and maintained in accordance with the details of the approved scheme, unless the Secretary of State agrees, following consultation with the relevant planning authority, that any acoustic barrier comprised in the approved scheme no longer needs to be maintained.

Flood risk

23

• (1) No scheduled works within Flood Zone 3 as shown on annex H to the flood risk assessment are to commence until a detailed scheme of compensation works for the effects of the authorised development upon flood risk in Flood Zone 3 (“flood compensation scheme”) has been submitted to and approved by the Secretary of State, following consultation with the Environment Agency and the relevant planning authority.

• (2) The flood compensation scheme must ensure that compensation works—

• (a) are carried out in accordance with the outline flood compensation scheme shown on drawing TR010019-2.3-v-20 sheets 1 to 13; or

• (b) where alternate mitigation works or measures not detailed in the flood risk assessment are proposed, demonstrate that the works or measures are at least as effective as those set out in paragraph (a).

• (3) The flood compensation scheme must ensure that compensation works provide sufficient compensation to ensure that the authorised development will not increase flood risk for all events up to and including the 1% annual exceedance probability plus a 20 per cent allowance for climate change.

• (4) The flood compensation scheme must provide for phasing of the provision of flood risk compensation in accordance with any phasing of the construction of the authorised development.

• (5) The authorised development and the flood compensation scheme must be implemented in accordance with the details approved under sub-paragraph (1).

• (6) No part of the Order land situated in Flood Zone 3 plus a 20 per cent allowance for climate change is to be used for storage, except as shown on annex H to the flood risk assessment.

Biodiversity management strategy

24

• (1) No part of the authorised development is to commence until a written strategy of biodiversity management measures has been submitted to and approved by the Secretary of State following consultation with the Environment Agency, Natural England and the relevant planning authority.

• (2) The biodiversity management strategy is to include—

• (a) provision of otter ledges within culverts affected by the authorised development;

• (b) provision of otter fencing at those locations shown on the environmental masterplan (Application Document Reference No. 7.4, Annex A);

• (c) provision of bat boxes at appropriate locations within the Order limits together with arrangements for their monitoring and maintenance by local bat groups or others;

• (d) the removal or management of invasive non-native species within the Order limits; and

• (e) maximising the biodiversity potential of any soft landscaping to be provided as part of the authorised development through detailed design.

• (3) The approved strategy and any measures under it must be implemented during construction and operation of any part of the authorised development.

Road restraint standard

25

Any verge mounted road restraints to be provided as part of the authorised development must be constructed and installed in accordance with Highways England’s Requirement for Road Restraint Systems, TD 19/06 (Design Manual for Roads and Bridges, August 2006, or as amended) except where any departures from that standard are agreed by the Professional Technical Solutions directorate of Highways England.

Air quality monitoring and management

26

• (1) No part of the authorised development is to commence until the undertaker has prepared a monitoring scheme for Nitrogen Dioxide (“NO₂”). The monitoring scheme must—

• (a) be prepared in consultation with the relevant local authorities (“the air quality authorities”) for those Air Quality Management Areas in which the authorised development is located where both a change in air quality in excess of 0.4μg/m³ is predicted in the environmental statement, and where annual mean concentrations are above the national air quality objective value;

• (b) set out the location and specification for operation and data provision for any monitors to be installed in line with guidance on air quality monitoring issued by the Department for Environment, Food and Rural Affairs from time to time (but the duplication of existing monitoring is not required where its data is available); and

• (c) provide for the monitors to—

• (i) be installed during the construction period of the authorised development;

• (ii) be operated from the opening of the authorised development for public use; and

• (iii) remain in place for a period of 3 years or until the monitoring shows a continuous period of 12 months in which there is no exceedance of the annual national air quality objective for the NO₂ monitored, whichever is the longer (“the monitoring period”).

• (2) During the monitoring period, the undertaker must make all data obtained from the monitors available to the air quality authorities.

• (3) The monitoring data must be accompanied by a review undertaken by a firm of air quality experts appointed by the undertaker in consultation with the air quality authorities and submitted at 12-monthly intervals during the monitoring period. If any such review demonstrates in the opinion of the appointed firm of experts that the authorised development has materially worsened air quality where there are exceedances of national air quality objectives, the undertaker must—

• (a) consult with the air quality authorities on a scheme of mitigation (including a programme for its implementation) within 6 months of the data review, taking into consideration any local air quality action plans adopted by each air quality authority as part of its local air quality management duties;

• (b) submit the scheme of mitigation to the Secretary of State for approval within 1 month of concluding its consultation with the air quality authorities; and

• (c) implement the scheme of mitigation in accordance with the programme contained in the scheme of mitigation following approval by the Secretary of State.

• (4) Before considering whether to approve the scheme of mitigation, the Secretary of State must consult the air quality authorities and take into consideration any local air quality action plans adopted by an air quality authority as part of its local air quality management duties.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirement

27

• (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in the Order, the Secretary of State must give notice to the undertaker of its decision on the application within a period of 8 weeks beginning with—

• (a) the day immediately following that on which the application is received by the Secretary of State;

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

• (c) such longer period as may be agreed between the parties.

• (2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

• (3) Where—

• (a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order; and

• (b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

• (c) the application is accompanied by a statement that the subject matter of the application is likely to give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement,

then the application is taken to have been refused by the Secretary of State at the end of that period.

• (4) With respect to any requirement that requires details to be submitted to the Secretary of State for approval under this Schedule, the details must be accompanied by a statement as to whether the subject matter of the application is likely to give rise to any new or materially worse environmental effects in comparison with those reported in the environmental statement.

Further information

28

• (1) In relation to any part of an application made under this Schedule, the Secretary of State may request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

• (2) In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within this 21 business-day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

• (3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 27 and in this paragraph.

Register of requirements

29

• (1) The undertaker must, as soon as practicable, following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

• (2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

• (3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Details of consultation

30

• (1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule, the details submitted must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

• (2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.

• (3) The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.

• (4) Where the consultation responses are not reflected in the details submitted to the Secretary of State for approval, the undertaker must state in the summary report referred to under sub-paragraph (1), the reasons why the consultation responses have not been reflected in the submitted details.

SCHEDULE 3 — PERMANENT STOPPING UP OF STREETS FOR WHICH A SUBSITUTE IS TO BE PROVIDED