The A30 Chiverton to Carland Cross Development Consent Order 2020

• (2) If by the expiry of 28 days beginning with the date on which a plan or document under sub-paragraph (1) is submitted to it ScottishPower Renewables has not advised the undertaker in writing of any reasonable requirements for the alteration of the detailed design of that work in order to accommodate the safe manoeuvre of the Design Vehicle through the junction as described in sub-paragraph (1), it shall be deemed not to have any such requirements.

• (3) Work No. 3 must be constructed in accordance with the detailed design information referred to in sub-paragraph (1) and any reasonable requirements specified by ScottishPower Renewables in accordance with sub-paragraph (2) that are necessary to ensure the safe manoeuvre of the Design Vehicle through the junction as described in sub-paragraph (1).

Chybucca Junction

24

• (1) At least 28 days prior to the commencement of Work No. 4 the undertaker must provide to ScottishPower Renewables copies of detailed design information and the detailed construction methodology for that work demonstrating—

• (a) that the safe manoeuvre of the Design Vehicle can be accommodated from the A30 eastbound through the Chybucca Junction to the existing A30;

• (b) that appropriate over-run areas will be provided; and

• (c) how access will be maintained to the Wind Farm throughout construction.

• (2) If by the expiry of 28 days beginning with the date on which a plan or document under sub-paragraph (1) is submitted to it ScottishPower Renewables has not advised the undertaker in writing of any reasonable requirements for the alteration of the detailed design of that work or the detailed construction methodology for that work in order to accommodate the safe manoeuvre of the Design Vehicle through the junction, ensure that appropriate over-run areas are provided or to maintain access to the Wind Farm during construction, as described in sub-paragraph (1), it shall be deemed not to have any such requirements.

• (3) Work No. 4 must be constructed in accordance with the detailed design information and the detailed construction methodology referred to in sub-paragraph (1) and any reasonable requirements specified by ScottishPower Renewables in accordance with sub-paragraph (2) that are necessary to accommodate the safe manoeuvre of the Design Vehicle through the junction, to ensure that appropriate over-run areas are provided or to maintain access to the Wind Farm during construction, as described in sub-paragraph (1).

Carland Cross Junction

25

• (1) At least 28 days prior to the commencement of Work No. 5 the undertaker must provide to ScottishPower Renewables copies of detailed design information for that work demonstrating—

• (a) that the safe manoeuvre of the Design Vehicle can be accommodated from the re-aligned existing A30 eastbound into the Wind Farm;

• (b) that appropriate over-run areas will be provided which will have a minimum 0.5m buffer either side of the theoretical design vehicle swept path;

• (c) in respect of Work No. 5(g)—

• (i) that a new site access gate and extensions with multi-lock system to match the existing site access gate will be provided;

• (ii) that a minimum 5m running width on straight sections and wider on bends to accommodate the Design Vehicle has been accommodated;

• (iii) that a minimum 0.5m verge width has been accommodated which will be increased to approximately 3m where it is required to include the realigned cables comprised within Work No. 5(m);

• (d) in respect of Work No. 5(m) that all realigned cables will be within the Order limits; and

• (e) that drainage works required as a result of Work No. 5 will be provided.

• (2) At least 28 days prior to the commencement of Work No. 5 the undertaker must provide to ScottishPower Renewables copies of the detailed construction methodology for that work demonstrating how access will be maintained to all parts of the Wind Farm throughout construction.

• (3) If by the expiry of 28 days beginning with the date on which a plan or document under sub-paragraph (1) or (2) is submitted to it ScottishPower Renewables has not advised the undertaker in writing of any reasonable requirements for the alteration of the detailed design of that work or the detailed construction methodology for that work in order to achieve the measures referred to in sub-paragraphs (1) and (2) it shall be deemed not to have any such requirements.

• (4) Work No. 5 must be constructed in accordance with the detailed design information and the detailed construction methodology and any reasonable requirements specified by ScottishPower Renewables in accordance with subparagraph (3) that are necessary to achieve the measures referred to in sub-paragraphs (1) and (2).

Access during construction

26

• (1) At all times during the construction of the authorised development the undertaker must provide or procure (or both) that ScottishPower Renewables and its employees, contractors sub-contractors, agents and assigns are able to obtain 24 hour unhindered access to all parts of the Wind Farm—

• (a) on foot, and with cars and light commercial vehicles; and

• (b) with heavy goods vehicles and abnormal loads, provided ScottishPower Renewables gives 48 hours’ prior written notice to the undertaker specifying the details of the access requirements.

• (2) At all times during the construction of the authorised development the undertaker must provide or procure (or both) that its contractors provide unhindered 24 hour emergency vehicle access to and from all parts of the Wind Farm.

Over-run areas

27

• (1) Following construction of the over-run areas comprised within Work No. 4 and Work. No. 5, the undertaker will at its own cost and expense and insofar as it is the owner of and/or the highway authority for the areas in question—

• (a) keep the over-run areas clear of, without limitation, all rubbish, debris and vehicles, at all times;

• (b) undertake any clearance and/or maintenance required within reasonable timescales;

• (c) provide ScottishPower Renewables with copies of keys required to unlock any lockable bollards or similar that would prevent or hinder the use of the over-run areas; and

• (d) restrict access to those parts of the over-run areas where lockable bollards or similar are in place to the undertaker, the local highway authority and to ScottishPower Renewables only.

• (2) In the event that the existing re-aligned A30 is adopted the undertaker will use reasonable endeavours to procure that the local highway authority complies with the obligations under paragraph (1).

Permanent rights

28

• (1) Prior to transferring any benefit of this Order to the local highway authority, the undertaker must (at the sole cost and expense of the undertaker) grant to ScottishPower Renewables permanent and uninterrupted rights in a form acceptable to ScottishPower Renewables—

• (a) to pass and re-pass on foot and with all vehicles over the over-run areas;

• (b) to pass and re-pass on foot and with all vehicles over any part of Work No. 5 not forming part of the public highway; and

• (c) to access, maintain and pass electricity through the re-aligned cables comprised within Work No. 5(m) provided always that no consideration shall be payable by ScottishPower Renewables for or in relation to any such rights.

Costs and expenses

29

The undertaker will pay to ScottishPower Renewables its proper and reasonable legal costs, professional fees and disbursements incurred in connection with reviewing detailed design information, construction information and any other information submitted to ScottishPower Renewables in respect of the authorised development.

30

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of the authorised development any damage is caused to the Wind Farm or other property of ScottishPower Renewables, or there is any interruption in the supply of electricity from the Wind Farm, the undertaker must—

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

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

• (2) The fact that any act or thing may have been done by ScottishPower Renewables on behalf of the undertaker or in accordance with a plan approved by ScottishPower Renewables or in accordance with any requirement of ScottishPower Renewables 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 ScottishPower Renewables, its officers, servants, contractors or agents.

Arbitration

31

Any difference arising between the undertaker and ScottishPower Renewables under this Part of this Schedule must be referred to and settled by arbitration under article 47 (arbitration).

SCHEDULE 10 — DOCUMENTS TO BE CERTIFIED

Signed

Signed by authority of the Secretary of State for Transport

Richard Serlin — Senior Civil Servant, Department for Transport Legal Advisers — Government Legal Department — 6th February 2020

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Highways England to construct a new dual carriageway between Carland Cross and Chiverton in Cornwall and carry out all associated works.

The Order permits Highways England to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also makes provision in connection with the maintenance of the authorised development.

A copy of the plans, book of reference and environmental statement mentioned in this Order and certified in accordance with article 45 (certification of plans etc.) may be inspected free of charge during working hours at Highways England, Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ.

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]: 2008 c. 29.

[^f00012]: Section 56(4) was amended by section 32 of, and paragraph 10(2) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34),

[^f00013]: 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 which are not relevant to this Order.

[^f00014]: 2000 c. 37.

[^f00015]: Section 16 was amended by section 36 of, and paragraph 24 of Schedule 2 to the Planning Act 2008 and section 57(1) of, and paragraph 13(3) and (4) of Part 1 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00016]: This section was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the New Roads and Street Works Act 1991 (c. 22). It was amended by section 57(1) of, and paragraph 95(2) and (3) of Schedule 1 to the Infrastructure Act 2015 (c. 7). There are other amendments which are not relevant to this Order.

[^f00017]: Section 10 was amended by section 22(2) of the 1991 Act, by section 36 of, and paragraph 22 of Schedule 2 to the 2008 Act, and by section 1 of, and paragraph 10 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00018]: Section 19(1) was amended by section 1 of, and paragraph 15 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00019]: 1991 c. 59. The definition of “drainage” was substituted by section 100(2) of the Environment Act (c. 25).

[^f00020]: 2017 c. 20.

[^f00021]: Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the 1991 Act.

[^f00022]: Section 184 was amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48); section 4 of, and paragraph 45 of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and section 168 of, and paragraph 9 of Schedule 8 and Schedule 9 to, the 1991 Act.

[^f00023]: Section 56 was amended by section 43 of the Traffic Management Act 2004 (c. 18).

[^f00024]: Section 56A was inserted by section 44 of the Traffic Management Act 2004.

[^f00025]: Section 58 was amended by section 51 of the Traffic Management Act 2004.

[^f00026]: Section 58A was inserted by section 52 of the Traffic Management Act 2004.

[^f00027]: Schedule 3A was inserted by section 52 of, and Schedule 4 to, the Traffic Management Act 2004.

[^f00028]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00029]: Section 54 was amended by section 49(1) of the Traffic Management Act 2004.

[^f00030]: Section 55 was amended by sections 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00031]: Section 57 was amended by section 52(3) of the Traffic Management Act 2004.

[^f00032]: Section 59 was amended by section 42 of the Traffic Management Act 2004.

[^f00033]: Section 265 was amended by section 146 of, and paragraph 45 of Schedule 3 to, the 1984 Act and section 1 of, and paragraph 52 of Schedule 1 to, the Infrastructure Act 2015.

[^f00034]: Section 10(2) was amended by section 22 of the 1991 Act, and by section 1 of, and paragraph 10 of Schedule 1 to, the Infrastructure Act 2015.

[^f00035]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to the Digital Economy Act 2017 (c. 30).

[^f00036]: 1991 c. 56.

[^f00037]: 2000 c. 26.

[^f00038]: 2004 c. 18.

[^f00039]: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51.).

[^f00040]: 2004 c. 18.

[^f00041]: 1991 c. 56. Section 106 was amended by section 35(1) and (8) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00042]: 1991 c. 57.

[^f00043]: Section 152 was amended by S.I. 2009/1307.

[^f00044]: 1981 c. 67.

[^f00045]: Section 4A was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

[^f00046]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00047]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00048]: Section 5B was inserted by section 202(2) of Schedule 3 to the Housing and Planning Act 2016.

[^f00049]: 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).

[^f00050]: Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15, to the Housing and Planning Act 2016 (c. 22).

[^f00051]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.

[^f00052]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^f00053]: Section 11 was amended by paragraph 14 of Schedule 4 to the Acquisition of Land Act 1981, section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No.1), sections 186(2), 187(2) and 188 of, paragraph 6 of Schedule 14 to and paragraph 3 of Schedule 16, to the Housing and Planning Act 2016 (c.22) and S.I. 2009/1307.

[^f00054]: Section 13 was amended by sections 62(3) and 139 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).

[^f00055]: 2003 c. 21.

[^f00056]: 1981 c. 69.

[^f00057]: S.I. 2017/1012.

[^f00058]: S.I. 1997/1160.

[^f00059]: Section 206(1) was amended by paragraph 11 of Schedule 8 to the 2008 Act.

[^f00060]: 1990 c. 43. There are amendments to this subsection 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). There are other amendments to the subsection that are not relevant to this Order.

[^f00062]: 1974 c. 40. Section 61 was amended by section 162 of, and paragraph 15(1) and (3) of Schedule 15 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to section 61 but none are relevant to this Order.

[^f00063]: 1978 c. 30.

[^f00064]: Section 22 was substituted by article 3 of S.I. 2013/1883.

[^f00065]: Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25).

[^f00066]: S.I. 2017/1012.

[^f00067]: 1971 c. 80.

[^f00068]: 1973 c. 26.

[^f00069]: Section 11 was amended by paragraph 14 of Schedule 4 to the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, paragraph 6 of Schedule 14 to, and paragraph 3 of Schedule 16 to the Housing and Planning Act 2016 (c.22) and S.I. 2009/137.

[^f00070]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00071]: Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

[^f00072]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016.

[^f00073]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, paragraphs 28 and 29 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00074]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/37.

[^f00075]: 1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).

[^f00076]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6, and Schedule 8 to the Utilities Act 2000, sections 149(1) and (3) and 179(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c. 40) and S.I. 2011/2704.

[^f00077]: 1991 c. 56.

[^f00078]: Section 102(4) was amended by section 96(1) of the Water Act 2003 (c. 37).

[^f00079]: Section 104 was amended by sections 96(4) and 101(2) of and Part 3 of, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2016 (c. 29).

[^f00080]: 2003 c. 21.

[^f00081]: See section 106, Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).