The Northampton Gateway Rail Freight Interchange Order 2019

• (7) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 48, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

• (8) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

Facilities and rights for alternative apparatus

7

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 48 (arbitration).

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

8

• (1) Not less than 60 days before starting the execution of any specified works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2) of this Part of this Schedule, the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

• (2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 60 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

• (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 5 to 7 of this Part of this Schedule apply as if the removal of the apparatus had been required by the undertaker under paragraph 6(2) of this Part of this Schedule.

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 60 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

Expenses and costs

9

The undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2) of this Part of this Schedule.

10

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 6(2) of this Part of this Schedule, or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

• (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker, by reason or in consequence of any such damage or interruption.

• (2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

• (4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

11

At all times when carrying out any works authorised under the Order the undertaker must comply with the utility undertaker’s “Avoidance of Danger from Electricity Overhead Lines and Underground Cables” (2014), the Energy Network Association’s “A Guide to the Safe Use of Mechanical Plant in the Vicinity of Electricity Overhead Lines” (undated), the Health and Safety Executive’s GS6 “Avoiding Danger from Overhead Power Lines” and the Health and Safety Executive’s HSG47 “Avoiding Danger from Underground Services” (Third Addition) (2014) as the same may be replaced from time to time.

Co-operation

12

Where in consequence of the proposed construction of any of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 6(2) of this Part of this Schedule or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 8 of this Part of this Schedule, the undertaker must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 7 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

1

The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and the operator.

2

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00102];

• “electronic communications apparatus” has the same meaning as in the electronic communications code[^f00103];

• “the electronic communications code” has the same meaning as in section 106(1)[^f00104] (application of the electronic communications code) of the 2003 Act;

• “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and an electronic communications network which the undertaker is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

• “infrastructure system” has the same meaning as in the electronic communications code and reference to providing an infrastructure system are to be construed in accordance with paragraph 7(2) of that code; and

• “operator” means the operator of an electronic communications code network.

3

The exercise of the powers conferred by article 32 (statutory undertakers and operators of the electronic communications code network) is subject to Part 10 of the electronic communications code.

4

• (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

• (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 48 (arbitration).

• (5) This Part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

• (b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.

• (6) Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

SCHEDULE 14 — MISCELLANEOUS CONTROLS

Public general legislation

Introduction

1

This Schedule applies, modifies and excludes statutory provisions which relate to matters for which provision may be made in this Order.

Highways Act 1980

2

• (1) Section 141 (restriction on planting trees etc. in or near carriageway) of the 1980 Act[^f00105]does not apply to any tree or shrub planted in the course of the authorised development before completion of construction.

• (2) Section 167 (powers relating to retaining walls near streets) of the 1980 Act[^f00106] does not apply in relation to—

• (a) the erection of a wall in the course of the authorised development before completion of construction; or

• (b) a wall on land on which works are being carried out, or are to be carried out, in pursuance of the authorised development before completion of construction.

New Roads and Street Works Act 1991

3

• (1) The powers conferred by section 56(1) and (1A) (powers to give directions as to the timing of proposed and subsisting street works) of the 1991 Act[^f00107] do not apply in relation to the authorised development.

• (2) Section 56A[^f00108] (power to give directions as to placing of apparatus) of the 1991 Act do not apply in relation to the placing of apparatus in the course of the authorised development.

• (3) No restriction under section 58(1)[^f00109] (power to impose restriction on execution of street works in the twelve months following completion of substantial road works) of the 1991 Act has effect in relation to the authorised development.

• (4) Section 61(1) (under which the consent of the street authority is required for the placing of apparatus in a protected street) of the 1991 Act does not apply to the placing of apparatus in the course of the authorised development.

• (5) Section 62(2) (power following designation of a protected street to require removal or repositioning of apparatus already placed in the street) of the 1991 Act does not apply in relation to apparatus placed in the course of the authorised development.

• (6) Section 62(4) (power when designation as protected street commences or ceases to give directions with respect to works in progress) of the 1991 Act does not apply in relation to the authorised development.

• (7) Section 63(1) (under which Schedule 4 to that Act has effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties) of the 1991 Act does not apply in relation to the authorised development.

• (8) The powers conferred by section 73A(1)[^f00110] and 78A(1)[^f00111] (requirements for undertaker to re-surface street) of the 1991 Act are not to be exercised in relation to the authorised development.

• (9) Sections 74[^f00112] and 74A[^f00113] (charge for occupation of the highway and charge determined by reference to duration of works) of the 1991 Act do not apply in relation to the authorised development.

• (10) Schedule 3A[^f00114] (restriction on works following substantial street works) to the 1991 Act does not apply where a notice under section 54[^f00115] (advance notice of certain works) or 55[^f00116] (notice of starting date of works) of that Act is given in respect of the authorised development.

• (11) No notice under paragraph 2(1)(d) (power by notice to require notification of works which an undertaker proposes to carry out in a part of a highway to which a proposed restriction applies) of Schedule 3A to the 1991 Act has effect to require the notification of works proposed to be carried out in the course of the authorised development.

• (12) No directions under paragraph 3 (directions as to the date on which undertakers may begin to execute proposed works) of Schedule 3A to the 1991 Act are to be issued to the undertaker in relation to the authorised development.

• (13) Paragraph 3(4) (under which it is an offence for an undertaker to execute street works before the completion of certain other street works) of Schedule 3A to the 1991 Act does not apply in relation to the execution of works in the course of the authorised development.

• (14) Paragraph 5(1) (effect of direction under paragraph 4 restricting further works) of Schedule 3A to the 1991 Act does not apply in relation to the execution of works in the course of the authorised development.

Local Government (Miscellaneous Provisions) Act 1976

4

Section 42 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) of the Local Government (Miscellaneous Provisions) Act 1976[^f00117] does not apply to the extent that it would make provisions of this Order authorising the authorised development subject to other provisions.

SCHEDULE 15 — MEMBERSHIP, ROLE AND PROTOCOL OF THE SUSTAINABLE TRANSPORT WORKING GROUP

1

The Sustainable Transport Working Group (“STWG”) will comprise representatives of—

• (a) the undertaker, who will normally take the Chair;

• (b) the local highway authority;

• (c) each of the district planning authorities within whose administrative area the Order limits lie;

• (d) interested railway or bus operators (non-voting);

• (e) travel plan co-ordinators for the individual warehouses (non-voting); and

• (f) such other interested parties, stakeholders and expert bodies whose attendance members of the STWG may from time to time believe to be beneficial (non-voting),

except that if at the time the STWG is constituted or any time thereafter a unitary authority is stablished then paragraphs (b) and (c) will be replaced by both a highway representative and a planning representative of the unitary authority.

2

The role of the STWG will be—

• (a) to oversee the delivery of the framework travel plan and the public transport strategy;

• (b) to review the public transport services serving the authorised development in light of levels of usage and timing of provision with the objective of maximising usage as set out in the public transport strategy;

• (c) to decide upon the appropriate disbursement of monies from the bus service fund payable pursuant to the related provisions contained in the development consent obligation;

• (d) to oversee the work of the area-wide Travel Plan Co-ordinator appointed under the provisions of the framework travel plan, receiving the monitoring and review reports on the performance of the framework travel plan and public transport strategy and recommending further action to maximise sustainable travel patterns in connection with the authorised development as deemed necessary;

• (e) to consider all occupier-specific travel plans submitted pursuant to requirement 4(2) (sustainable transport) and to advise the relevant planning authority on their consistency with, and support for, the agreed measures and targets in the framework travel plan and public transport strategy; and

• (f) to participate in any reviews of the framework travel plan and the public transport strategy.

3

• (1) The STWG will be administered by the undertaker in accordance with the following protocol.

• (2) Meetings of the STWG will be convened, administered and serviced by the area-wide Travel Plan Co-ordinator appointed under the provisions of the framework travel plan.

• (3) Meetings will take place at not more than 6 monthly intervals in a venue provided by the undertaker (or such other frequency, place and timing as the STWG members may subsequently agree upon).

• (4) Not less than ten clear working days’ notice of meetings will be given to all parties accompanied by an agenda and background papers with relevant information for the matters to be considered.

• (5) All members will have the right to propose an item to be discussed at the meeting under urgent business.

• (6) A meeting will only be quorate if a representative from both the local highway authority and the undertaker is present.

• (7) The area-wide Travel Plan Co-ordinator must minute each meeting and circulate copies of the minutes as soon as practical to all invited parties. Such minutes, once confirmed at the subsequent meeting, will become a matter of public record, subject to redaction of individual items of commercial or personal confidentiality.

• (8) The STWG will at all times be free to consult with other relevant authorities and bodies and will at the election of any member be at liberty to invite persons to attend meetings in a non-voting capacity.

4

Decisions of the STWG are to be taken on a majority vote with each voting member of the STWG present having a single vote. In the event of a vote causing an impasse, or if any of the voting members disagree with the decision made and wish it to be reviewed, the decision (the “disputed decision”) will be reviewed using the decision review mechanism set out in paragraph 5.

5

• (1) In the event of any disputed decision of the STWG being subject to review as provided by paragraph 4 the following protocol applies.

• (2) The voting members involved in the disputed decision (“the relevant members”) will attempt to resolve the matter and reach agreement on the disputed decision if possible without delay.

• (3) If the relevant members are unable to resolve the matter within three weeks of the disputed decision having been taken any relevant member may, by serving notice by email and recorded delivery post on all the other relevant members (“the notice”), with a copy to all other members of the STWG, within fourteen days of the expiry of the three weeks referred to above, or later by agreement between the relevant members, refer the disputed decision to an expert (“the expert”) for resolution.

• (4) In order to refer the disputed decision to the expert the notice must specify—

• (a) the nature, basis and brief description of the disputed decision; and

• (b) the expert proposed.

• (5) In the event that the relevant members are unable to agree whom should be appointed as the expert within 14 days after the date of the notice then any of the relevant members may request the President of the Law Society to nominate the expert at their joint expense.

• (6) The expert will be appointed subject to an express requirement that the expert reaches a decision on how the disputed decision is to be resolved and communicates it to the relevant members within the minimum practicable timescale allowing for the process in sub-paragraph (7) and the nature and complexity of the disputed decision and in any event not more than 42 days from the date of the expert’s appointment to act.

• (7) Following appointment the expert will be required to give notice to each of the relevant members inviting each of them to submit to the expert within 21 days written submissions and supporting material on their position in relation to the disputed decision with copies of those submissions and material being provided at the same time to the other relevant members. The expert will afford to each of the relevant members an opportunity to make counter submissions within a further 14 days in respect of any such submission and material.

• (8) The expert when making the expert’s determination shall have regard to the contents of any relevant national planning or transport policy and any relevant transportation policy adopted by the local highway authority and, where relevant, any increase or decrease in the traffic including public transport and travel by other sustainable means arising from the authorised development compared with that presented in the transport assessment or such other assessment, automatic traffic counts or monitoring data as may be supplied by the relevant members.

• (9) The expert will act as an expert and not as an arbitrator and the expert’s decision will (in the absence of manifest error) be final and binding on the relevant members and at whose cost will be at the discretion of the expert or in the event that the expert makes no determination, such costs will be borne by the relevant members in equal shares.

SCHEDULE 16 — CERTIFICATION OF PLANS AND DOCUMENTS

Document/Plan	Document Number	Document date/Plan number with revision number
Access and rights of way plans
Key Plan	2.3	NGW-BWB-LSI-XX-DR-C-00170-P5
Sheet 1	2.3A	NGW-BWB-LSI-01-DR-C-00171-P6
Sheet 2	2.3B	NGW-BWB-LSI-02-DR-C-00172-P5
Sheet 3	2.3C	NGW-BWB-LSI-03-DR-C-00173-P7
Sheet 4	2.3D	NGW-BWB-LSI-04-DR-C-00174-P7
Sheet 5	2.3E	NGW-BWB-LSI-05-DR-C-00175-P5
The book of reference	4.3B	26 March 2019
The design and access statement	6.9	Rev S2 18 May 2018
The environmental statement	5.2	18 May 2018 (subject to the substitutions set out below):(i) Figures 2.1, 2.2, 2.3 and 10.1 – 13 August 2018;(ii) Appendix 2.1 (Construction and Environmental Management Plan) –19 March 2019;(iii) Appendix 2.4 (Comparative Assessment of Northampton Gateway and Rail Central) – 8 January 2019;(iv) Appendix 5.12 (Landscape and Ecological Management Plan) – 30 November 2018(v) Chapter 9 (Air Quality) – 26 February 2019
The highway classification plans
Key Plan	2.5	NGW-BWB-LSI-XX-DR-C-180-P5
Sheet 1	2.5A	NGW-BWB-LSI-01-DR-C-181-P5
Sheet 2	2.5B	NGW-BWB-LSI-02-DR-C-182-P5
Sheet 3	2.5C	NGW-BWB-LSI-03-DR-C-183-P6
Sheet 4	2.5D	NGW-BWB-LSI-04-DR-C-184-P5
The highway plans
Key Plan	2.4	NGW-BWB-HGN-XX-DR-C-100-P6
General Arrangement Sheet 1	2.4A	NGW-BWB-HGN-01-DR-C-101-P8
General Arrangement Sheet 2	2.4B	NGW-BWB-HGN-02-DR-C-102-P9
General Arrangement Sheet 3	2.4C	NGW-BWB-HGN-03-DR-C-103-P9
General Arrangement Sheet 4	2.4D	NGW-BWB-HGN-04-DR-C-104-P10
General Arrangement Sheet 5	2.4E	NGW-BWB-HGN-05-DR-C-105-P8
General Arrangement Sheet 6	2.4F	NGW-BWB-HGN-06-DR-C-106-P9
Cross Sections Sheet 1	2.4G	NGW-BWB-HGN-01-DR-C-131-P7
Cross Sections Sheet 2	2.4H	NGW-BWB-HGN-02-DR-C-132-P5
Cross Sections Sheet 3	2.4J	NGW-BWB-HGN-03-DR-C-133-P5
Cross Sections Sheet 4	2.4K	NGW-BWB-HGN-04-DR-C-134-P6
Cross Sections Sheet 5	2.4L	NGW-BWB-HGN-05-DR-C-135-P4
Long Sections Sheet 1	2.4M	NGW-BWB-HGN-01-DR-C-141-P7
Long Sections Sheet 2	2.4N	NGW-BWB-HGN-02-DR-C-142-P6
Long Sections Sheet 3	2.4P	NGW-BWB-HGN-03-DR-C-143-P6
Long Sections Sheet 4	2.4Q	NGW-BWB-HGN-04-DR-C-144-P4
Long Sections Sheet 5	2.4R	NGW-BWB-HGN-05-DR-C-00145-P4
Long Sections Sheet 6	2.4S	NGW-BWB-HGN-06-DR-C-146-P3
General Arrangement Alternative to Document 2.4A	2.4T	NGW-BWB-HGN-01-DR-C-107-P3
General Arrangement Alternative to Document 2.4B	2.4U	NGW-BWB-HGN-02-DR-C-108-P4
The illustrative rail terminal plan	2.8	4054-17-S1
The land plans
Key Plan	2.1	62241114-001 2.1 08
Sheet 1	2.1A	62241114-001 2.1A 06
Sheet 2	2.1B	62241114-001 2.1B 08
Sheet 3	2.1C	62241114-001 2.1C 06
Sheet 4	2.1D	62241114-001 2.1D 09
Sheet 5	2.1E	62241114-001 2.1E 06
Sheet 6	2.1F	62241114-001 2.1F 07
The parameters plan	2.10	4054-R007-S4
The railway plans
General Arrangement	2.9A	NGW-BWB-RGN-XX-DR-C-110-P6
Long Sections Sheet 1 of 2	2.9B	NGW-BWB-RGN-01-DR-C-111-P4
Long Sections Sheet 2 of 2	2.9C	NGW-BWB-RGN-02-DR-C-112-P4
Cross Sections	2.9D	NGW-BWB-RGN-XX-DR-C-113-P4
The Rail Central footpath connections plan	2.15	NGW-BWB-GEN-XX-SK-C-SK91-P3
The speed limit plans
Key Plan	2.7	NGW-BWB-LSI-XX-DR-C-00190-P5
Sheet 1	2.7A	NGW-BWB-LSI-01-DR-C-00191-P6
Sheet 2	2.7B	NGW-BWB-LSI-02-DR-C-00192-P6
Sheet 3	2.7C	NGW-BWB-LSI-03-DR-C-00193-P7
Sheet 4	2.7D	NGW-BWB-LSI-04-DR-C-00194-P5
The traffic regulation plans
Key Plan	2.6	NGW-BWB-LSI-XX-DR-C-00150-P5
Sheet 1	2.6A	NGW-BWB-LSI-01-DR-C-00151-P3
Sheet 2	2.6B	NGW-BWB-LSI-02-DR-C-00152-P3
Sheet 3	2.6C	NGW-BWB-LSI-03-DR-C-00153-P1
The works plans
Key Plan	2.2	NGW-BWB-LSI-XX-DR-C-00160-P13
Sheet 1	2.2A	NGW-BWB-LSI-01-DR-C-00161-P10
Sheet 2	2.2B	NGW-BWB-LSI-02-DR-C-00162-P7
Sheet 3	2.2C	NGW-BWB-LSI-03-DR-C-00163-P8
Sheet 4	2.2D	NGW-BWB-LSI-04-DR-C-00164-P6
Sheet 5	2.2E	NGW-BWB-LSI-05-DR-C-00165-P6
Sheet 6	2.2F	NGW-BWB-LSI-06-DR-C-00166-P6
Sheet 7	2.2G	NGW-BWB-LSI-XX-DR-C-00167-P5
The rail infrastructure plan	-	NGW-BWB-GEN-XX-SK-C-SK315-S2-P01

Signed

Signed by authority of the Secretary of State for Transport

Ros Wall — Director, Road Safety Standards and Services — Department for Transport — 9th October 2019

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants development consent for, and authorises Roxhill (Junction 15) Limited (“the undertaker”) to construct, operate and maintain the new Northampton Gateway Rail Freight Interchange together with associated development. The undertaker is authorised by the Order to acquire compulsorily land and rights over land. The Order also authorises the making of alterations to the highway network, stopping up and diversion of public rights of way and the discharge of water.

A copy of the plans and book of reference referred to in this Order and certified in accordance with article 46 (certification of plans and documents) of this Order may be inspected free of charge at the offices of South Northamptonshire District Council at The Forum, Moat Lane, Towcester, NN12 6AD and at Northampton Borough Council at The Guildhall, St Giles’ Square, Northampton, NN1 1DE.

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378 and S.I. 2019/734.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00004]: 1961 c. 33.

[^f00005]: 1965 c. 56.

[^f00006]: 1980 c. 66.

[^f00007]: 1981 c. 66.

[^f00008]: 1984 c. 27.

[^f00009]: 1990 c. 8.

[^f00010]: 1991 c. 22.

[^f00011]: S.I. 1996/428, as amended by S.I. 1998/1701.

[^f00012]: 2008 c. 29.

[^f00013]: S.I. 2010/948 as amended by S.I. 2011/987, S.I. 2012/635, S.I. 2012/666, S.I. 2012/702, S.I. 2012/2975, S.I. 2013/982, S.I. 2014/385, S.I. 2015/377, S.I. 2015/664, S.I. 2015/836, S.I. 2018/172, S.I. 2019/966 and S.I. 2019/1103.

[^f00014]: S.I. 2017/572, amended by S.I. 2017/1012, S.I. 2018/695, S.I. 2018/834 and S.I. 2018/1232.

[^f00015]: S.I. 2016/362. There are amendments to the Regulations which are not relevant to this Order.

[^f00016]: The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00017]: Section 106 was substituted by section 12(1) of the Planning and Compensation Act 1991 (c. 34) and was subsequently amended by section 33 of the Greater London Authority Act 2007 (c. 24), section 174 of the Planning Act 2008 (c. 29) and paragraphs 1 and 3 of Schedule 2 to the Growth and Infrastructure Act 2013 (c. 27).

[^f00018]: 2003 c. 21. Section 106 was amended by section 4 of the Digital Economy Act 2017 (c. 30).

[^f00019]: S.I. 1997/1160. There are amendments to the Regulations which are not relevant to this Order.

[^f00020]: S.I. 2015/376.

[^f00021]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 but none are relevant to this Order.

[^f00022]: There are amendments to section 151 of the Communications Act 2003 which are not relevant to this Order.

[^f00023]: Section 48(3A) was inserted by section 124 of the Local Transport Act 2008 (c. 26).

[^f00024]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Part 2 of Schedule 8 to, the New Roads and Street Works Act 1991 (c. 22), and was amended by section 1(b) of, and paragraphs 70 and 95(1) and (3) of Part 2 of Schedule 1 to, the Infrastructure Act 2015 (c. 7). There are other amendments to schedule 121A of the Act which are not relevant to this Order.

[^f00025]: 2004 c. 18.

[^f00026]: Section 198 was amended by sections 192(1), (2)(a), (b) and (c), and section 238 of, and paragraphs 7 and 8 of Schedule 8, and Schedule 13 to, the Planning Act 2008 (c. 29), and sections 31, 32, 84 of, and paragraph 20 of Schedule 6, paragraph 34 of Schedule 7 and Parts 1 and 2 of, Schedule 19 to, the Planning and Compensation Act 1991 (c. 34) and section 42(3) of the Planning and Compulsory Purchase Act 2004 (c. 5).

[^f00027]: Section 10 was amended by section 22(2)(a), (b) and (cc) of the New Roads and Street Works Act 1991 (c. 22), section 36 of, and paragraphs 21 and 22 of Schedule 2 to, the Planning Act 2008 (c. 29) and section 1(6) of, and paragraphs 1, 10(1) to (4) of Part 1 of Schedule 1 to, the Infrastructure Act 2015 (c. 7),. Section 19(1) was amended by section 1(6) of, and paragraphs 1 and 15 of Part 1 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00028]: Section 10(2) was amended by section 22(2)(a) of the New Roads and Street Works Act 1991 (c. 22).

[^f00029]: S.I. 2011/935.

[^f00030]: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51). There are other amendments to section 32 which are not relevant to this Order.

[^f00031]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

[^f00032]: 1991 c. 56.

[^f00033]: 2000 c. 26.

[^f00034]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43) and sections 36(2) and 99 of the Water Act 2003 (c. 37) (subject to the transitional provisions contained in article 6 of, and Schedule 3 to, S.I. 2004/641) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00035]: S.I. 2016/1154. There are amendments to regulation 12 which are not relevant to this Order.

[^f00036]: 1991 c. 57.

[^f00037]: Section 134 was amended by sections 142(1) to (4) and section 237 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.

[^f00038]: Section 8 was amended by paragraphs 1 and 2 of Schedule 17 to the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00039]: Schedule 2A was inserted by paragraphs 1 and 3 of Schedule 17 to the Housing and Planning Act 2016 (c. 22).

[^f00040]: Section 11(1) was amended by section 186(1) and (2), section 187(1) and (2) and section 188 of the Housing and Planning Act 2016 (c. 22) and section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No 1).

[^f00041]: Section 152 was amended by S.I. 2009/1307.

[^f00042]: Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 (c. 27) and, S.I. 2017/1285.

[^f00043]: Section 10 was amended by S.I. 2009/1307.

[^f00044]: 1981 c. 67.

[^f00045]: Section 4 was amended by sections 184, 185 and 199(2) of, and paragraphs 1 and 2 of Part 1 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

[^f00046]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00047]: Section 118 was amended by paragraphs 1 and 59 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00048]: S.I. 2019/1358.

[^f00049]: Section 5 was amended by section 183 of, and paragraph 6 of Schedule 15 to, the Housing and Planning Act 2016 (c. 22).

[^f00050]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).

[^f00051]: Section 5B(1) was inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).

[^f00052]: Section 6 was amended by section 183 of, and paragraphs 4 and 7 of Schedule 15 to, the Housing and Planning Act 2016 (c. 22) and section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11).

[^f00053]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 and S.I. 2012/16.

[^f00054]: Section 7 was amended by section 199(2) of, and paragraphs 1 and 3 of Part 1 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

[^f00055]: Schedule A1 was inserted by paragraph 6 of Part 1 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

[^f00056]: Section 11 was amended by section 186(1) and (2), section 187(1) and (2) and section 188 of, and paragraphs 1 and 2 of Schedule 16 to, and paragraph 6 of Schedule 14 to, the Housing and Planning Act 2016 (c. 22), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous provisions) Measure 2006 (2006 No 1), and S.I. 2009/1307.

[^f00057]: Section 13 was amended by section 139(4) to (9) and section 62(3) of, paragraphs 27 and 28(1) to (3) of Schedule 13 to, and Part 3 of Schedule 28 to, the Tribunal, Courts and Enforcement Act 2007 (c. 15).

[^f00058]: Section 125 was amended by paragraph 17 of Schedule 16 to the Housing and Planning Act 2016 (c. 22).

[^f00059]: 1990 c. 43. There are amendments to this section which are not relevant to this Order.

[^f00060]: Section 79(1) was amended by sections 101 and 102 of the Clean Neighbourhood and Environment Act 2005 (c. 16). There are other amendments to that section which are not relevant to this Order.

[^f00061]: Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40) and paragraph 6(b) of Schedule 17 to the Environment Act 1995 (c. 25).

[^f00062]: 1974 c. 40. Section 61(2) was amended by section 133(2) of, and Schedule 7 to, the Building Act 1984 (c. 55).

[^f00063]: Section 61(9) was amended by paragraph 15(1) and (3) of Schedule 15 to the Environmental Protection Act 1990 (c. 43) and section 120 of, and Schedule 24 to, the Environment Act 1995 (c. 25).

[^f00064]: 1991 c. 59. Section 23 was amended by section 31 of, and paragraphs 25 and 32 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29).

[^f00065]: Section 32 was amended by S.I. 2013/755.

[^f00066]: Section 66 was amended by section 31 of, and paragraphs 25 and 38 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29) and section 86(1) and (3) of the Water Act 2014 (c. 21). There are other amendments to section 66 but none are relevant.

[^f00067]: 1981 c. 69. Section 28E was amended by section 105(1) of, and paragraphs 79 and 80 of Part 1 of Schedule 11 to, Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00068]: 2017 c. 20.

[^f00069]: Sections 160 and 161 were amended by S.I. 2015/664. Section 161 was also amended by section 112(2) of, and paragraph 4 of Part 1 of Schedule 8 to, the Marine and Coastal Access Act 2009 (c. 23).

[^f00070]: S.I. 2007/783.

[^f00071]: Regulation 5 was amended by S.I. 2012/2975 and S.I. 2013/982.

[^f00072]: 1978 c. 30.

[^f00073]: OJ No. L 188, 18.7.2009, p. 1.

[^f00074]: Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00075]: 2010 c. 29.

[^f00076]: 1974 c 40.

[^f00077]: S.I. 2012/2920, as amended by S.I. 2013/2153, S.I. 2014/357, S.I. 2014/2026, S.I. 2015/643 and S.I. 2017/1314.

[^f00078]: The appointment is made at the discretion of the Secretary of State, and such appointment may be made by the Planning Inspectorate on behalf of the Secretary of State.

[^f00079]: The costs of the appointed person are calculated based on the applicable day rate for a Single Inspector as if he or she were appointed under sections 78 and 79 of the 2008 Act. See the National Infrastructure Planning website for more information: https://infrastructure.planninginspectorate.gov.uk/application-process/application-fees/

[^f00080]: 1971 c. 80.

[^f00081]: 1973 c. 26.

[^f00082]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

[^f00083]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

[^f00084]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016 (c.22).

[^f00085]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00086]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00087]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00088]: 1993 c. 43. Section 8 was amended by section 216 of, and paragraphs 1 and 4 of Schedule 17 and Part 4 of Schedule 31 to, the Transport Act 2000 (c. 38), paragraphs 1 and 5 of Schedule 2 to the Railways and Transport Safety Act 2003 (c. 20), paragraph 3 of Schedule 1, and Part 1 of Schedule 13, to the Railways Act 2005 (c. 14) and S.I. 2015/1682.

[^f00089]: 2006 c. 46.

[^f00090]: 1971 c. 80.

[^f00091]: Section 272 was amended by paragraph 103(1) and (2) of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00092]: S.I. 2016/362.

[^f00093]: S.I. 2015/51.

[^f00094]: S.I. 2016/362.

[^f00095]: S.I. 2015/51.

[^f00096]: 1986 c. 44.

[^f00097]: 1991 c. 56.

[^f00098]: As amended by section 96(1) of the Water Act 2003 (c. 37) and paragraphs 2 and 90 of Schedule 7 to the Water Act 2014 (c. 21).

[^f00099]: As amended by section 96(4) of, and Part 3 of Schedule 9 to, the Water Act 2003 (c. 37), section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(1) and (2) of, and section 11(1) and (2) of the Water Act 2014 (c. 21).

[^f00100]: S.I. 2016/1154.

[^f00101]: 1989 c. 29.

[^f00102]: 2003 c. 21.

[^f00103]: See paragraph 5 of Schedule 3A (the electronic communications code) to the Communications Act 2003 (c. 21). Schedule 3A was inserted by Schedule 1 to the Digital Economy Act 2017 (c. 30).

[^f00104]: Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).

[^f00105]: 1980 c. 66. Section 141 was amended by sections 37 and 46 of the Criminal Justice Act 1982 (c. 48).

[^f00106]: 1980 c. 66. Section 167 was amended by sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48).

[^f00107]: 1991 c. 22. Section 56(1) and (1A) were amended by section 43 of the Traffic Management Act 2004 (c. 18).

[^f00108]: Section 56A was inserted by section 44 of the Traffic Management Act 2004 (c. 18).

[^f00109]: Section 58(1) was amended by section 51(1), (2) of the Traffic Management Act 2004 (c. 18).

[^f00110]: Section 73A was inserted by section 55(1) of the Traffic Management Act 2004 (c. 18).

[^f00111]: Section 78A was inserted by section 57(1) of the Traffic Management Act 2004 (c. 18).

[^f00112]: Section 74 was amended by sections 256 and 274 of, and Part 5(2) of Schedule 31 to, the Transport Act 2000 (c. 38), section 40(4) and section 52(5) of the Traffic Management Act 2004 (c. 18), and section 1(6) of, and paragraphs 113 and 119 of Part 2 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00113]: Section 74A was inserted by section 255(1) of the Transport Act 2000 (c. 38) and was amended by section 1(6) of, and paragraphs 113 and 120 of Part 2 of Schedule 1 to, the Infrastructure Act 2015 (c. 7) and section 40(4) of the Traffic Management Act 2004 (c. 18).

[^f00114]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004 (c. 18).

[^f00115]: Section 54 was amended by section 40(1) and (2) and section 49(1) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00116]: Section 55 was amended by section 40(1) and (2), section 49(2) and section 51(1) and (9) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00117]: 1976 c. 57. Section 42 was amended by section 6(2) of, and the Schedule to, the Ports (Finance) Act 1985 (c. 30), and section 15 of the Food and Environment Protection Act 1985 (c. 48).

1

In this Schedule unless the context requires otherwise—

• “authorised buildings” means any buildings erected as part of the authorised development;

• “component of the authorised development on the main site” means the components listed in requirement 3(1)(a) to (j) (components of development and phasing);

• “construction and environmental management plan” means the document of that description contained in appendix 2.1 of the environmental statement;

• “the design and access statement” means the document of that description referred to in Schedule 16 (certification of plans and documents) and certified by the Secretary of State as the design and access statement for the purposes of this Order;

• “flood risk assessment” means the document of that description contained in appendix 7.1 of the environmental statement;

• “framework site waste management strategy” means the document of that description in appendix 14.2 of the environmental statement;

• “ecological mitigation works” means the relocation/translocation of hedgerows, grassland translocation and creation of an artificial badger sett;

• “employment scheme” means a scheme for the provision of employment and training for those employed at the authorised development comprising—details of how the initial employment opportunities at the authorised development will be advertised and how liaison with the relevant planning authorities and Northamptonshire County Council or any successor body will take place with the objective of maximising access to information about such employment opportunities for the local workforce and, in particular, unemployed persons;details of how training opportunities will be provided for employees;details of an apprenticeship scheme;details of measures to be taken to provide college and/or work placement opportunities for students and unemployed persons within the locality;other measures where appropriate (including but not limited to)—a recruitment/training programme for construction employees with a focus on the job centres in locations where employment deprivation has been identified;provision of skills training; andpreference to be given to procurement of local products and services where efficient, cost effective and lawful; anddetails of the reporting and monitoring of the above measures;

• “Euro VI compliant” means compliant with the Euro VI emission standard for the vehicle in question contained in Regulation (EC) No 595/2009[^f00073];

• “HGV monitoring scheme” means a scheme dealing with the location, installation, operation and enforcement of the HGV monitoring system all as described in the transport assessment;

• “HGV monitoring system” means a system of monitoring the number, and identity, of any HGV departing from the main site and travelling south along the A508 either by turning right out of the main site access or by turning left out of the main site access and using junction 15 of the M1 motorway to proceed around the roundabout and return along the A508 thus enabling the HGV to travel south along the A508;

• “illustrative landscape plan (main site)” means the document of that description contained in chapter 4 of the environmental statement;

• “landscape and ecological management plan” means the document of that description contained in appendix 5.12 of the environmental statement;

• “lighting strategy” means the document of that description contained in appendix 11.3 of the environmental statement;

• “main site built development and landscape surrounds proposed components and sequence plan” means the document of that description contained in chapter 2 of the environmental statement;

• “main site phasing plan” means the document of that description contained in chapter 2 of the environmental statement;

• “occupation” means occupation of the authorised buildings other than for the purpose of constructing, fitting out, commissioning or site security;

• “Rail Central development” means the development of a rail freight interchange (as defined in section 26 (rail freight interchanges) of the 2008 Act) on land situated to the west of the Northampton Loop Line and to the north of the West Coast Main Line on the opposite side of the Northampton Loop Line to the authorised development;

• “Rail Central footpath connections” means the connections of the footpaths leading from the Rail Central development to footpaths within the authorised development connecting at points A and B as shown on the Rail Central footpath connections plan or any alternative connections agreed between the undertaker (by which expression is meant the undertaker relating to the authorised development as defined in this Order) and the Rail Central undertaker, and approved by the relevant planning authority;

• “Rail Central footpath connections plan” means the plan of that description referred to in Schedule 16 (certification of plans and documents) and certified by the Secretary of State as the Rail Central footpath connections plan for the purposes of this Order;

• “Rail Central Order” means the order made by the Secretary of State under section 114[^f00074] (grant or refusal of development consent) of the 2008 Act if development consent is granted for the Rail Central development pursuant to the application accepted for examination on 15th November 2018, including any amendment to that order; or any subsequent development consent order for the Rail Central development;

• “Rail Central undertaker” means the undertaker as defined in the Rail Central Order (if made);

• “relevant body” means, in respect of each of the highway works, the body referred to in respect of each of those works in column (4) of the table in requirement 6 (design and phasing of highway works);

• “relevant highway authorities” means both the local highway authority and Highways England;

• “relevant planning authorities” means all the district planning authorities within whose administrative areas the Order limits lie;

• “sustainable drainage statement” means the document of that description contained in appendix 7.3 of the environmental statement;

• “sustainable drainage strategy” means the strategy for surface water drainage set out in the sustainable drainage statement;

• “sustainability statement” means the document titled sustainability statement for planning contained in appendix 2.2 of the environmental statement;

• “sustainable transport working group” means the group membership, duties and protocol of which is set out in Schedule 15; and

• “water framework directive assessment” means the document of that description (document number NGW-BWB-EWE-XX-RP-YE-0004_S2_P2) contained in the statement of common ground dated 2nd November 2018 made between the Environment Agency and Roxhill (Junction 15) Ltd (examination library reference [REP1-015]).

2

The authorised development must commence within 5 years of the date on which this Order comes into force.

3

• (1) No component of the authorised development on the main site is to commence until details of the phasing of that component have been submitted to and approved in writing by the relevant planning authority (following consultation with Northampton Borough Council or any successor authority). The components for the purposes of this schedule are—

• (a) earthworks;

• (b) rail terminal and related infrastructure;

• (c) roads within the main site;

• (d) surface water and foul drainage;

• (e) development plots;

• (f) landscaping and ecological mitigation;

• (g) permanent advertisements in the locations identified as S1 and S2 on the parameters plan;

• (h) any temporary means of enclosure;

• (i) any temporary site notices or advertisements; and

• (j) services.

• (2) The authorised development must be carried out in accordance with the approach to phasing set out on the main site phasing plan and the main site built development and landscape surrounds proposed components and sequence plan unless otherwise agreed in writing with the relevant planning authority.

• (3) There is to be no occupation of any of the warehousing until the undertaker has completed the rail infrastructure within the area coloured pink on the rail infrastructure plan. On completion of the rail infrastructure, no more than 232,260 square metres of the warehousing is to be occupied (including any warehouse erected pursuant to the planning permission reference WNS/2021/1860/MAF, as amended) until both of the connections to the West Coast Main Line railway have been constructed and commissioned sufficient for the rail terminal to be operational.

• (4) Following the provision of the rail infrastructure, no rail infrastructure must be removed which would impede the ability of the rail terminal to handle four intermodal trains per day unless otherwise agreed in writing by the relevant planning authority.

4

• (1) The provisions of the framework travel plan or any variation of such plan agreed by the transport working group must be complied with at all times following the commencement of the authorised development unless otherwise agreed in writing by the relevant planning authority.

• (2) Prior to the occupation of each individual warehouse unit an occupier-specific travel plan is to be submitted to, and approved in writing by, the relevant planning authority. Each specific travel plan must be in accordance with the framework travel plan or any approved variation thereto pursuant to sub-paragraph (1) and must be complied with at all times following the occupation of the relevant warehouse unit to which it relates.

• (3) The public transport strategy must be implemented and complied with at all times.

• (4) Where in the framework travel plan or public transport strategy reference is made to employees in the context of sustainable transport measures then that reference must be construed as including all persons attending the authorised development as their usual place of work and is not to be confined solely to persons who are directly employed by an occupier of the authorised development.

• (5) The undertaker must use reasonable endeavours to maximise the use of Euro VI compliant HGV and public transport vehicles in respect of—

• (a) any HGV fleets operated by occupiers of the warehouses which visit the warehouses; and

• (b) any public transport service provided pursuant to the public transport strategy and dedicated to serving the authorised development.

• (6) Prior to the commencement of the construction of any warehousing, the undertaker must establish the sustainable transport working group to discharge the role of that group in relation to the provisions of the framework travel plan and public transport strategy in accordance with the provisions of Schedule 15 (membership, role and protocol of the sustainable transport working group).

• (7) The membership, role and protocol of the sustainable transport working group will be as set out in Schedule 15 and the group will be administered by the undertaker, and operated, in accordance with the provisions of Schedule 15.

• (8) The sustainable transport working group is to continue its duties until the expiry of five years from full occupation of the authorised development unless otherwise agreed with the relevant planning authorities.

• (9) Prior to the occupation of any warehouse, the HGV monitoring scheme (including the HGV monitoring system) must be approved in writing by the local highway authority. The monitoring system must be installed in accordance with the approved HGV monitoring scheme and must be operative prior to the occupation of any warehouse. Thereafter the HGV monitoring system must be kept in operation and in good working order at all times and any deficiencies in the operation of the system must be remedied as expeditiously as possible.

5

• (1) The highway works must be carried out in accordance with details first submitted to and approved by the relevant body in accordance with the provisions of Parts 2 and 3 of Schedule 13 (protective provisions).

• (2) The height of fencing along the Roade bypass (Works No. 13) is to be in accordance with Figure 8.6 of Chapter 8 of the environmental statement.

6

The undertaker must complete the highway works identified in column (1) of the table below by no later than the stage of the authorised development set out in column (3) of the table below or such alternative later stage or event as agreed by the relevant body identified in column (4).

(1)Works as described in Schedule 1	(2)Description	(3)Stage of Development	(4)Relevant Body
Works No. 7(1)	A508 dualling and main site access roundabout	To be completed prior to the occupation of first warehouse to be occupied	Local highway authority
Works No. 8(1), (2) and (3)	M1 Junction 15 improvements including A45	To be completed prior to the occupation of first warehouse to be occupied	Highways England
Works No. 9(1), (2) and (3)	Saxon Avenue, C67 Watering Lane and Collingtree Footpath Bridge (highway works)	To be completed prior to the occupation of first warehouse to be occupied	Local highway authority
Works No. 11(1)	M1 Junction 15A improvements	Subject to requirement 31 to be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Highways England
Works No. 11(2)	M1 Junction 15A improvements (A5123)	Subject to requirement 31 to be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 12(1)	A508 Blisworth Road junction improvement including footway improvements	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 13	A508 Roade Bypass	To be completed within the earliest of—(i) 2 years of occupation of first warehouse to be occupied; or(ii) 4 years from the commencement of Works No. 8	Local highway authority
Works No. 14	A508/C26 Rookery Lane/ Ashton Road junction improvement	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 15	A508/C85 Pury Road junction improvement	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 16(1) and (2)	Knock Lane/Blisworth Road (Parish of Roade) improvements	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority
Works No. 17	A508 Grafton Regis improvements	To be completed prior to the opening to traffic of the A508 Roade Bypass (Works No. 13)	Local highway authority

7

The works described in Works No. 8(2)(b) and shown on Documents 2.4T and 2.4U are only to be constructed as an alternative to those described in Works No. 8(2)(a) and shown on Documents 2.4A and 2.4B in the event that—