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The A30 Chiverton to Carland Cross Development Consent Order 2020

Type Statutory-Instrument

Publication 2020-02-06

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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(11) Paragraph (1)(a)(ii) does not authorise the undertaker to take temporary possession of any land which the undertaker is not authorised to acquire under article 23 (compulsory acquisition of land) or article 26 (compulsory acquisition of rights).

Temporary use of land for maintaining the authorised development

34

(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a) enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land explaining the purpose for which entry is to be taken.

(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11) In this article “the maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

Statutory undertakers

35

(1) Subject to the provisions of article 26(3) (compulsory acquisition of rights), Schedule 9 (protective provisions) and paragraph (2), the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and

(b) extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land.

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a) Part 3 (street works in England and Wales) of the 1991 Act; and

(b) article 36 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

36

(1) Where a street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 16 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

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 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 Chapter 1) of the Communications Act 2003[^f00055].

Recovery of costs of new connections

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(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 35 (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 35, 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 36 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this paragraph—

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

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

Special category land

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(1) The special category land is not to vest in the undertaker until the undertaker has acquired the replacement land and the Secretary of State (in consultation with the relevant planning authority) has certified that a satisfactory scheme for the provision of the replacement land as open space and a satisfactory timetable for the implementation of the scheme has been received from the undertaker.

(2) On the requirements of paragraph (1) being satisfied, the special category land is to vest in the undertaker and be discharged from all rights, trusts and incidents to which it was previously subject.

(3) On the date on which the replacement land is laid out and provided in accordance with the scheme requirements at paragraph (1), the replacement land is to vest in the person(s) in whom the special category land was vested immediately before it was vested in the undertaker and is to be subject to the same rights, trusts and incidents as attached to the special category land.

(4) In this article—

“the replacement land” means the land identified as such and numbered 9/4h in the book of reference and on the land plans;

“the special category land” means the land numbered 9/3 and 9/3a in the book of reference and on the land plans and forming part of open space which may be acquired compulsorily under this Order.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

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(1) The undertaker may fell or lop any tree or shrub, or cut back its roots, within or overhanging land within the Order limits 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—

(a) do no unnecessary damage to any tree or shrub;

(b) pay compensation to any person for any loss or damage arising from such activity; and

(c) take steps to avoid a breach of the provisions of the Wildlife and Countryside Act 1981[^f00056] and the Conservation of Habitats and Species Regulations 2017[^f00057] or any successor acts and regulations.

(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 of the 1961 Act.

(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraphs (2) and (5), remove any hedgerow within the Order limits that is required to be removed.

(5) In exercising its powers under paragraph (4) the undertaker may remove any hedgerow that is identified for removal on the trees and hedgerows to be removed or managed plans. It may remove any other hedgerow within the Order limits only where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority, certifies accordingly that the removal of the hedgerow would not give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

(6) In this article “hedgerow” includes—

(a) a hedgerow to which the Hedgerows Regulations 1997[^f00058] apply and includes important hedgerows for the purposes of those Regulations; and

(b) a Cornish hedge.

Trees subject to tree preservation orders

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(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 relating to the relevant part of the authorised development described in column (3) 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 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;

(b) the duty contained in section 206(1)[^f00059] (replacement of trees) of the 1990 Act is not to apply although where possible the undertaker is to seek to replace any trees which are removed; and

(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.

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

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(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

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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

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(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00060] in relation to a nuisance falling within paragraph (fb), (g) or (ga) 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)[^f00061] 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 sites), or a consent given under section 61[^f00062] (prior consent for work on construction sites), of the Control of Pollution Act 1974; or

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

(iii) 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.

Protective provisions

44

Schedule 9 (protective provisions) has effect.

Certification of plans etc.

45

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of each of the plans and documents set out in Schedule 10 (documents to be certified) for certification that they are true copies of the plans and 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

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(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

(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 1978[^f00063] 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 to be 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;

(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 is 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

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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 Lands Chamber of the Upper 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.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative area of Cornwall Council

The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act[^f00064] and associated development within the meaning of section 115(2) of the 2008 Act, comprising—

Work No. 1 – the construction of a new A30 dual carriageway road 14 kilometres in length between a point 985 metres to the west of Work No. 3 and a point 956 metres to the east of Work No. 5. To include—

(a) the construction of drainage attenuation pond no. 1 with associated drainage facilities, access and landscaping at the location shown on sheet 1 of the works plans;

(b) the construction of drainage attenuation pond no. 2 with associated drainage facilities, access and landscaping at the location shown on sheet 1 of the works plans;

(c) the construction of drainage attenuation pond no. 4 with associated drainage facilities, access and landscaping at the location shown on sheets 1 and 2 of the works plans;

(d) the construction of drainage attenuation pond no. 6 with associated drainage facilities, access and landscaping at the location shown on sheet 3 of the works plans;

(e) the construction of drainage attenuation pond no. 9 with associated drainage facilities, access and landscaping at the location shown on sheet 4 of the works plans;

(f) the construction of drainage attenuation pond no. 10 with associated drainage facilities, access and landscaping at the location shown on sheet 4 of the works plans;

(g) the construction of drainage attenuation pond no. 12 with associated drainage facilities, access and landscaping at the location shown on sheet 5 of the works plans;

(h) the construction of drainage attenuation pond no. 14 with associated drainage facilities, access and landscaping at the location shown on sheet 6 of the works plans;

(i) the construction of drainage attenuation pond no. 16 with associated drainage facilities, access and landscaping at the location shown on sheet 7 of the works plans;

(j) the construction of drainage attenuation pond no. 18 with associated drainage facilities, access and landscaping at the location shown on sheet 8 of the works plans;

(k) the construction of drainage attenuation pond no. 19 with associated drainage facilities, access and landscaping at the location shown on sheet 8 of the works plans;

(l) the construction of drainage attenuation pond no. 20 with associated drainage facilities, access and landscaping at the location shown on sheet 8 of the works plans;

(m) the construction of a green bridge over the main carriageway of the new A30 and the existing A30 at Marazanvose and associated construction compound no. 4 of 12149 square metres at the location shown on sheet 4 of the works plans, to include provision for a new bridleway (PR7) to connect U6082 and C0178 and a new footpath (PR8) to connect the bridleway (PR7) to FP319/16/1;

(n) the demolition of Marazan Farm House and associated outbuildings at the location shown on sheet 4 of the works plans;

(o) the demolition of the barn at Nancarrow Farm at the location shown on sheet 4 of the works plans;

(p) the demolition of the buildings at Hill View Farm at the location shown on sheet 3 of the works plans;

(q) the construction of 40 metres of reinforced earth slope around the pylon to the north of the new A30 dual carriageway at Nancarrow Farm at the location shown on sheet 5 of the works plans;

(r) the construction of 10 metres of reinforced earth slope at the location shown on sheet 8 of the works plans;

(s) the construction of a walking, cycling, horse riding, multispecies underbridge under the main carriageway of the new A30 at Church Lane at the location shown on sheet 5 of the works plans;

(t) the construction of a walking, cycling, horse riding, multispecies underbridge under the main carriageway of the new A30 at Newlyn Downs at the location shown on sheet 8 of the works plans;

(u) the construction of four public laybys on the eastbound carriageway of the new A30 and five public laybys on the westbound carriageway of the new A30 at the locations shown on sheets 2 to 7 of the works plans;

(v) the construction of thirteen private laybys for maintenance use on the eastbound carriageway of the new A30 and fifteen private laybys for maintenance use on the westbound carriageway of the new A30 at the locations shown on sheets 1 to 8 of the works plans;

(w) the construction of six emergency access points onto the new A30 at the locations shown on sheets 4 to 6 of the works plans;

(x) construction compound no. 1 of 15639 square metres at the location shown on sheet 1 of the works plans;

(y) construction compound no. 3 of 44244 square metres at the location shown on sheet 4 of the works plans;

(z) construction compound no. 5 of 35801 square metres at the location shown on sheet 5 of the works plans;

(aa) construction compound no. 9 of 51849 square metres at the location shown on sheet 8 of the works plans;

(bb) the construction of drainage culverts at the locations shown on sheets 2 to 6 and 8 of the works plans;

(cc) the construction of wildlife crossings at the locations shown on sheets 1 to 8 of the works plans;

(dd) the construction of a walking, cycling and horse riding underbridge under the main carriageway and slip roads at Chiverton Cross at the location shown on sheet 1 of the works plans;

(ee) the construction of a stabilised earthworks slope adjacent to the quarry pond at the location shown on sheet 7 of the works plans;

(ff) works to cap mineshafts at the locations shown on sheets 6 and 7 of the works plans.

Work No. 2 – the re-alignment of the existing A30. To include—

(a) the re-alignment of the existing A30 from point C on sheet 2 of the works plans to point D on sheet 3 of the works plans;

(b) the re-alignment of the existing A30 from point G on sheet 4 of the works plans to point H on sheet 5 of the works plans;

(d) the construction of drainage attenuation pond no. 5 with associated drainage facilities, access and landscaping at the location shown on sheet 3 of the works plans;

(e) the construction of drainage attenuation pond no. 11 with associated drainage facilities, access and landscaping at the location shown on sheet 5 of the works plans;

(f) the construction of a new private means of access to field south of the re-aligned A30;

(g) the construction of a new private means of access to field south of the re-aligned A30;

(h) the construction of a new private means of access to a telecommunications mast to the north of the re-aligned A30;

(i) the construction of a new private means of access to Bracken Woods;

(j) the construction of a new private means of access to Chyverton Park and Chyverton Lodge.

Work No. 3 – the construction of a new grade separated junction at Chiverton shown on sheets 1 and 2 of the works plans. To include—

(a) the construction of a new eastbound off-slip from the main carriageway of the new A30, 615 metres in length;

(b) the construction of a new eastbound on-slip to the main carriageway of the new A30, 399 metres in length;

(d) the construction of a new westbound on-slip to the main carriageway of the new A30, 475 metres in length;

(e) the construction of two new overbridges over the junction circulatory carriageway of the new A30;

(f) the re-alignment of 851 metres of the B3277 to include provision for non-motorised users;

(g) the partial closure and re-alignment of 767 metres of the A3075 north of the new A30, to include provision for non-motorised users;

(h) the re-alignment of the existing A30 between points A and B on sheet 1 of the works plans, to include provision for non-motorised users;

(i) the re-alignment of 1078 metres of the A390 to include provision for non-motorised users;

(j) the re-alignment of 95 metres of the unclassified road U6072 to include provision for non-motorised users;

(k) the re-alignment of 45 metres of the unnamed road C0005 to include provision for non-motorised users;

(l) the closure and demolition of the existing A30 Chiverton Cross Roundabout;

(m) the construction of drainage attenuation pond no. 3 with associated drainage facilities, access and landscaping;

(n) the construction of a public rest area on the realigned B3277;

(o) the construction of a walking, cycling and horse riding link to the north and south of the junction circulatory carriageway of the new A30;

(p) the construction of an unclassified road to access Trevissome Park;

(q) the construction of a new private means of access to Silversprings;

(r) the construction of a new private means of access to Three Burrows;

(s) the construction of a new private means of access to field west of the A3075;

(t) the construction of a new private means of access to field east of the A3075.

Work No. 4 – the construction of a new grade separated dumbbell junction at Chybucca. To include—

(a) a new roundabout north of the main carriageway of the new A30 with overrun area through the central island for Carland Cross windfarm at the location shown on sheet 3 of the works plans;

(b) a new roundabout south of the main carriageway of the new A30 at the location shown on sheet 3 of the works plans;

(d) the construction of a new eastbound off-slip from the main carriageway of the new A30, 486 metres in length, at the location shown on sheet 3 of the works plans;

(e) the construction of a new westbound on-slip to the main carriageway of the new A30, 374 metres in length, at the location shown on sheet 3 of the works plans;

(f) the construction of drainage attenuation pond no. 7 with associated drainage facilities, access and landscaping at the location shown on sheet 3 of the works plans;

(g) the re-alignment of 852 metres of the B3284 to join Work No. 4(a), to include provision for walking, cycling and horse riding, at the location shown on sheet 3 of the works plans;

(h) the re-alignment of 147 metres of the B3284 to join Work No. 4(b), to include provision for walking, cycling and horse riding, at the location shown on sheet 3 of the works plans;

(i) the re-alignment of the existing A30 between points E and F on sheets 3 and 4 of the works plans, to include provision for walking, cycling and horse riding;

(j) the re-alignment of the existing A30 between points D and E on sheet 3 of the works plans, to include provision for non-motorised users;

(k) the construction of a new private means of access to Creegmeor Farm north of the B3284 and a new bridleway (PR4) to connect BR314/64/1 and BR314/65/1;

(l) the construction of a new private means of access to the south of the new grade separated junction from the re-aligned B3284.

Work No. 5 – the construction of a new grade separated junction at Carland Cross at the location shown on sheets 7 and 8 of the works plans. To include—

(a) a new roundabout north of the main carriageway of the new A30 including track for overrun area;

(b) the re-configuration of the existing Carland Cross roundabout south of the main carriageway of the new A30;

(d) the construction of a new westbound on-slip to the main carriageway of the new A30, 332 metres in length;

(e) the construction of a new westbound off-slip from the main carriageway of the new A30, 611 metres in length;

(f) the re-alignment of the existing A30 between points I and J;

(g) the reconfiguration of the existing access to the Carland Cross Windfarm and the construction of new access tracks;

(h) the construction of a new eastbound on-slip to the main carriageway of the new A30, 334 metres in length;

(i) the construction of a new eastbound off-slip from the main carriageway of the new A30, 569 metres in length;

(j) the closure and demolition of 489 metres of the existing A30 between points K and L;

(k) the construction of drainage attenuation pond no. 17 with associated drainage facilities, access and landscaping;

(l) the construction of a track for walking, cycling and horse riding including equine refuges connecting the southern roundabout at Carland Cross with the underbridge at Work No. 1(t);

(m) the diversion of the cables serving Carland Cross Wind Farm;

(n) the construction of a private means of access to Treventon Farm;

(o) the construction of a track for walking, cycling and horse riding from the southern roundabout at Carland Cross to Mitchell;

(p) the construction of a new private means of access to Newlyn Downs / Trewithen Estate;

(q) a new footpath (PR16) linking to open access land and Roundbarrow viewing area.

Work No. 6 – works to Allet Road for access across the new A30 at Tresawsen at the location shown on sheet 4 of the works plans. To include—

(a) the construction of an underbridge under the main carriageway of the new A30;

(b) the re-alignment of 338 metres of the Allet Road;

(d) the construction of drainage attenuation pond no. 8 with associated drainage facilities, access and landscaping;

(e) construction compound no. 2 of 12675 square metres, at the location shown on sheets 3 and 4 of the works plans;

(f) the construction of a new private means of access to the south of the existing A30(T);

(g) the construction of a new private means of access to Nanteague Farm;

(h) the construction of a new private means of access to Nanteague Solar Farm;

(i) the demolition of an existing telecommunications mast and the construction of a new telecommunications mast;

(j) the construction of a new private means of access to a telecommunications mast.

Work No. 7 – the stopping up of the public highway U6082 at Marazanvose. To include—

(a) the construction of a turning head;

(b) the construction of a new private means of access to Nancarrow Farm.

Work No. 8 – the retention and continued use of the Two Barrows underbridge at the location shown on sheet 5 of the works plans. To include—

(a) the retention and continued use of the access under the existing A30 for Shortlanesend Road;

(b) the construction of a new road to connect the realigned existing A30 with the unnamed road C0364;

Work No. 9 – the demolition and replacement of the existing bridge at Tolgroggan Farm at the location shown on sheet 5 of the works plans. To include—

(a) the construction of a new overbridge over the main carriageway of the new A30 and the realigned A30;

(b) construction compound no. 6 of 3352 square metres;

(d) the construction of a new bridleway and new private means of access to fields;

(e) the construction of a new bridleway and new private means of access to Tolgroggan Farm.

Work No. 10 – the construction of an underbridge under the main carriageway of the new A30 and the existing A30 at the location shown on sheet 6 of the works plans. To include—

(a) the re-alignment of 247 metres of Henver Lane;

(b) works to the junction with Zelah and the existing A30;

(d) construction compound no. 7 of 5160 square metres;

(e) the construction of a new private means of access to Trevalso Farm.

Work No. 11 – the construction of an underbridge at Pennycomequick at the location shown on sheet 6 of the works plans. To include—

(a) the re-alignment of 382 metres of the unnamed road C0075;

(b) the conversion of 118 metres of the existing unnamed road C0075 to an emergency access point;

(d) construction compound no. 8 of 9689 square metres;

(e) the construction of a new private means of access to Pennycomequick;

(f) the construction of a new private means of access to field to the south of the A30(T);

(g) the construction of a new private means of access to field south of Pennycomequick;

(h) the construction of a new private means of access to field east of Pennycomequick.

Work No. 12 – the closure of the junction at unclassified road U6093 where it meets the existing A30 and the re-alignment of 128 metres of unclassified road U6093 at the location shown on sheet 7 of the works plans.

Work No. 13 – the diversion of 1646 metres of telecoms equipment at the location shown on sheets 1 and 2 of the works plans.

Work No. 14 – the diversion of 587 metres of water pipeline at the location shown on sheet 1 of the works plans.

Work No. 15 – the diversion of 375 metres of power cables at the location shown on sheet 1 of the works plans.

Work No. 16 – the diversion of 319 metres of water pipeline at the location shown on sheet 1 of the works plans.

Work No. 17 – the diversion of 560 metres of telecoms equipment at the location shown on sheets 1 and 2 of the works plans.

Work No. 18 – the diversion of 113 metres of telecoms equipment at the location shown on sheet 2 of the works plans.

Work No. 19 – the diversion of 812 metres of power cables at the location shown on sheet 2 of the works plans.

Work No. 20 – the diversion of 60 metres of power cables at the location shown on sheet 2 of the works plans.

Work No. 21 – the diversion of 223 metres of telecoms equipment at the location shown on sheet 3 of the works plans.

Work No. 22 – the diversion of 1468 metres of gas pipeline at the location shown on sheets 3 and 4 of the works plans.

Work No. 23 – the diversion of 330 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 24 – the diversion of 133 metres of power cables at the location shown on sheet 4 of the works plans.

Work No. 25 – the diversion of 507 metres of water pipeline at the location shown on sheet 4 of the works plans.

Work No. 26 – the diversion of 68 metres of power cables at the location shown on sheet 4 of the works plans.

Work No. 27 – the diversion of 89 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 28 – the diversion of 136 metres of power cables at the location shown on sheet 4 of the works plans.

Work No. 29 – the diversion of 99 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 30 – the diversion of 203 metres of telecoms equipment at the location shown on sheets 4 and 5 of the works plans.

Work No. 31 – the diversion of 504 metres of water pipeline at the location shown on sheet 5 of the works plans.

Work No. 32 – the diversion of 91 metres of power cables at the location shown on sheet 5 of the works plans.

Work No. 33 – the diversion of 525 metres of telecoms equipment at the location shown on sheet 5 of the works plans.

Work No. 34 – the diversion of 65 metres of telecoms equipment at the location shown on sheet 5 of the works plans.

Work No. 35 – the diversion of 79 metres of telecoms equipment at the location shown on sheet 5 of the works plans.

Work No. 36 – the diversion of 908 metres of water pipeline at the location shown on sheets 5 and 6 of the works plans.

Work No. 37 – the diversion of 159 metres of power cables at the location shown on sheet 6 of the works plans.

Work No. 38 – the diversion of 227 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 39 – the diversion of 87 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 40 – the relocation of an electricity pole at the location shown on sheet 6 of the works plans.

Work No. 41 – the diversion of 323 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 42 – the diversion of 100 metres of power cables at the location shown on sheet 6 of the works plans.

Work No. 43 – the diversion of 146 metres of power cables at the location shown on sheet 7 of the works plans.

Work No. 44 – the diversion of 1016 metres of telecoms equipment at the location shown on sheet 8 of the works plans.

Work No. 45 – the diversion of 850 metres of gas pipeline at the location shown on sheet 8 of the works plans.

Work No. 46 – the diversion of 443 metres of water pipeline at the location shown on sheet 8 of the works plans.

Work No. 47 – the diversion of 483 metres of telecoms equipment at the location shown on sheet 8 of the works plans.

Work No. 48 – the diversion of 165 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 49 – the diversion of 215 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 50 – the diversion of 103 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 51 – the diversion of 61 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 52 – the diversion of 23 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 53 – the diversion of 19 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 54 – the diversion of 210 metres of telecoms equipment at the location shown on sheet 2 of the works plans.

Work No. 55 – the diversion of 653 metres of telecoms equipment at the location shown on sheet 3 of the works plans.

Work No. 56 – the diversion of 17 metres of telecoms equipment at the location shown on sheet 3 of the works plans.

Work No. 57 – the diversion of 300 metres of power cables at the location shown on sheet 3 of the works plans.

Work No. 58 – the diversion of 422 metres of telecoms equipment at the location shown on sheet 3 of the works plans.

Work No. 59 – the diversion of 47 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 60 – the diversion of 11 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 61 – the diversion of 11 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 62 – the diversion of 58 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 63 – the diversion of 62 metres of power cables at the location shown on sheet 4 of the works plans.

Work No. 64 – the diversion of 48 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 65 – the diversion of 71 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 66 – the diversion of 158 metres of water pipeline at the location shown on sheet 5 of the works plans.

Work No. 67 – the diversion of 1331 metres of telecoms equipment at the location shown on sheets 4 and 5 of the works plans.

Work No. 68 – the diversion of 274 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 69 – the diversion of 368 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 70 – the diversion of 105 metres of power cables at the location shown on sheet 7 of the works plans.

Work No. 71 – the diversion of 160 metres of telecoms equipment at the location shown on sheet 7 of the works plans.

Work No. 72 – the diversion of 131 metres of telecoms equipment at the location shown on sheet 8 of the works plans.

Work No. 73 – the diversion of 26 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 74 – the demolition of an abandoned oil pipeline at the location shown on sheet 7 of the works plans.

Work No. 75 – carriageway widening at the location shown on sheet 4 of the works plans.

Work No. 76 – the construction of a new private means of access to Trevalso Farm.

In connection with the construction of any of those works, further development within the Order limits consisting of—

(a) works required for the strengthening, improvement, maintenance or reconstruction of any street;

(b) the strengthening, alteration or demolition of any structure;

(d) embankments, abutments, shafts, foundations, retaining walls, barriers, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts;

(e) works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, pipes, cables and ducts;

(f) works to alter the course of or otherwise interfere with a watercourse, including private water supplies;

(g) landscaping, noise bunds and barriers, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

(i) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures); earthworks (including soil stripping and storage, site levelling); remediation of contamination;

(j) the felling of trees;

(k) working sites, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences; and

(l) the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

“CEMP” means the construction environmental management plan;

“contaminated land” has the same meaning as that given in section 78A[^f00065] of the Environmental Protection Act 1990;

“County Archaeologist” means the individual nominated or appointed as such by the relevant planning authority;

“Ecological Clerk of Works” means the individual appointed as such by the undertaker;

“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[^f00066];

“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; and a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

“protected species” means species which are subject to protection under the laws of England or which are European protected species.

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.

Construction Environmental Management Plan

3

(1) No part of the authorised development is to commence until a CEMP for that part has been prepared in consultation with the relevant planning authority, the local highway authority and (on matters related to its functions) the Defence Infrastructure Organisation and submitted to and approved in writing by the Secretary of State.

(2) The CEMP must—

(a) be substantially in accordance with the outline construction environmental management plan certified under article 45 (certification of plans etc.);

(b) contain a record of all the sensitive environmental features that have the potential to be affected by the construction of the proposed development;

(d) require adherence to working hours of 07:30 to 19:30 on Mondays to Saturdays from 1 March to 31 October, 07:30 to 18:00 on Mondays to Saturdays from 1 November to 28 February and 08:00 to 13:00 on Sundays, except for—

(i) traffic management activities;

(ii) bridge beam lifts;

(iii) demolition operations requiring the full or partial temporary closure of roads;

(iv) surfacing works at tie-in locations;

(v) importation of materials during peak holiday seasons;

(vi) the provision of services at compounds, including CCTV and vehicle recovery;

(vii) any emergency works; and

(viii) any works for which different working hours have been agreed with parties who will or may be affected by those works and recorded in the approved CEMP, in which case the CEMP must require adherence to those working hours.

(3) The authorised development must be constructed in accordance with the approved CEMP.

(4) Upon completion of construction of the authorised development the CEMP must be converted into the HEMP. The HEMP must be submitted to the Secretary of State for approval within 28 days of the opening of the authorised development for public use.

(5) The authorised development must be operated and maintained in accordance with the HEMP approved under paragraph (4).

Details of consultation

4

(1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, 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.

Landscaping

5

(1) No part of the authorised development is to commence until a written landscaping scheme for that part has been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority.

(2) No part of the authorised development, including vegetation clearance, is to commence until an arboricultural walkover survey and tree survey for that part, taking due regard to the guidance in British Standard 5837:2012, have been undertaken to identify any significant constraints posed by trees.

(3) The landscaping scheme prepared under sub-paragraph (1) must be based on the environmental masterplan, the trees and hedgerows to be removed or managed plans and the results of the surveys undertaken under sub-paragraph (2).

(4) The landscaping scheme prepared under sub-paragraph (1) must include details of hard and soft landscaping works, including—

(a) location, number, species, size and planting density of any proposed planting;

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

(d) hard surfacing materials;

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

(f) implementation timetables for all landscaping works.

(5) In paragraph (3) “the environmental masterplan” means the plan certified by the Secretary of State as the environmental masterplan for the purposes of this Order.

Implementation and maintenance of landscaping

6

(1) All landscaping works must be carried out in accordance with the landscaping scheme approved under Requirement 5.

(2) 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.

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

Fencing

7

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.

Land and groundwater contamination

8

(1) No part of the authorised development is to commence until a contamination risk assessment in respect of controlled waters has been produced for that part which is to include details of—

(a) any existing sources of contamination within the Order limits that may be affected by the carrying out of the authorised development;

(b) any reasonably required protective measures to ensure that the carrying out of the authorised development does not make worse any adverse conditions or risks associated with such existing sources of contamination; and

(c) appropriate remediation strategies and mitigation measures to address any historic contamination which is shown to be having significant, unacceptable effects on the environment within the context of the proposed works,

and the assessment has been submitted to and approved by the Secretary of State.

(2) The steps and measures that are identified as necessary for the purposes of carrying out the authorised development in the assessment referred to in sub-paragraph (1) must be implemented as part of the authorised development.

(3) In the event that contaminated material, including impacted 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 contamination and must report it immediately in writing to the Secretary of State and the relevant planning authority, and in agreement with the relevant planning authority undertake a risk assessment of the contamination, and sub-paragraphs (4) and (5) will apply.

(4) Where the undertaker 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 prepared submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority.

(5) Remedial measures must be carried out in accordance with the approved scheme.

Archaeology

9

(1) No part of the authorised development is to commence until for that part a scheme for the investigation and mitigation of areas of archaeological interest, reflecting the mitigation measures included in chapter 6 of the environmental statement, with provision for sub-written schemes of investigation for each area and each phase (evaluation or detailed excavation or watching brief), has been prepared in consultation with the relevant planning authority and the local highway authority, agreed with the County Archaeologist and submitted to and approved in writing by the Secretary of State.

(2) The authorised development must be carried out in accordance with the archaeological framework strategy and sub-written schemes of investigation referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State.

(3) A programme of archaeological reporting, post excavation and publication required as part of the archaeological framework strategy and sub-written schemes of investigation referred to in sub-paragraph (1) must be agreed with the County Archaeologist and implemented within a timescale agreed with the County Archaeologist and deposited with the Historic Environment Record of the relevant planning authority within two years of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority.

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be—

(a) retained in situ and reported to the County Archaeologist as soon as reasonably practicable; and

(b) subject to appropriate mitigation as set out in the archaeological framework strategy and mitigation agreed with the County Archaeologist.

(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date the remains are reported to the County Archaeologist under sub-paragraph (4) unless otherwise agreed in writing by the Secretary of State.

(6) On completion of the authorised development, suitable resources and provisions for long term storage of the archaeological archive will be agreed with the County Archaeologist.

Protected species

10

(1) In the event that any protected species which were not previously identified in the environmental statement or nesting birds are found at any time when carrying out the authorised development the undertaker must cease construction works near their location and report it immediately to the Ecological Clerk of Works.

(2) The undertaker must prepare a written scheme for the protection and mitigation measures for any protected species that were not previously identified in the environmental statement or nesting birds found when carrying out the authorised development. Where nesting birds are identified works should cease within 10 metres of the nest until birds have fledged and the nest is no longer in use.

(3) The undertaker must implement the written scheme prepared under sub-paragraph (2) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.

Traffic management

11

(1) No part of the authorised development is to commence until a traffic management plan for the construction of that part of the authorised development, substantially in accordance with the draft traffic management plan at appendix 2.1 to the environmental statement, has been submitted to and approved in writing by the Secretary of State following consultation with the local highway authority.

(2) The authorised development must be constructed in accordance with the approved traffic management plan.

Detailed design

12

(1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the works plans and the general arrangement and section plans, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority, the local highway authority and the Defence Infrastructure Organisation on matters related to their functions and provided that the Secretary of State is satisfied that any amendments to the works plans and the general arrangement and section plans showing departures from the preliminary design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding works plans or general arrangement and section plans and the undertaker must make those amended details available in electronic form for inspection by members of the public.

Surface and foul water drainage

13

(1) No part of the authorised development is to commence until written details of the surface and foul water drainage system for that part, reflecting the mitigation measures in chapter 13 of the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority.

(2) The drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority.

Highway lighting

14

(1) No part of the authorised development is to commence until a written scheme of the proposed highway lighting to be provided for that part of the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and (in the case of proposed lighting for any highway for which the undertaker is not, or will not be following implementation of article 14(2), the highway authority) the local highway authority.

(2) The standard of the highway lighting to be provided by the scheme referred to in sub-paragraph (1) must either reflect the standard of the highway lighting included in the environmental statement or, where the standard of the highway lighting proposed materially differs from the standard of the highway lighting identified in the environmental statement, the undertaker must provide evidence with the written scheme submitted for approval that the standard of the highway lighting proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement taking into account the lighting identified in it. The standard of the highway lighting must encompass the specification, level of provision, light spillage, intensity and brightness of the highway lighting.

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

(4) Nothing in this requirement restricts the lighting of the authorised development during its construction or where temporarily required for maintenance.

Approvals and amendments to approved details

15

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

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

16

(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 this Order, the Secretary of State must give notice to the undertaker of the 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 17; or

(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;

(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 report referred to in paragraph 4 stating that, in the view of a body required to be consulted by the undertaker under the requirement in question, the subject matter of the application is likely to give rise to any materially new or materially different environmental effects from 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.

Further information

17

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

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