The A585 Windy Harbour to Skippool Highway Development Consent Order 2020

• (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—

• “apparatus” has the same meaning as in Part 3 of the 1991 Act;

• “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[^f00065].

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 31 (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 32, 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 32 (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.

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 within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

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

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

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

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

• (b) must not fell or lop any tree or shrub within or overhanging land within the Order limits or cut back its roots if the tree or shrub is identified as being retained in the environmental statement unless the undertaker reasonably believes it to be necessary to do so for the purposes of the construction or operation of the authorised development and provided that the Secretary of State is satisfied that the felling, lopping or cutting back of roots would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement; and

• (c) must pay compensation to any person for any loss or damage arising from such activity.

• (3) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow described in Part 1 (hedgerows) of Schedule 9.

• (4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow which is not described in Part 1 of Schedule 9 with the prior consent of the relevant planning authority.

• (5) In carrying out any activity authorised by paragraph (3) or (4), the undertaker must pay compensation to any person for any loss or damage arising from such activity.

• (6) Any dispute as to a person’s entitlement to compensation under paragraph (2) (or (5), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

• (7) In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 1997[^f00066] and includes important hedgerows for the purposes of those regulations.

PART 7 — MISCELLANEOUS AND GENERAL

Deemed Marine Licence

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The undertaker is deemed to have been granted the licence under Part 4 of the 2009 Act contained in Schedule 8 to this Order, to carry out works and make the deposits described in that licence and subject to the licence conditions which are deemed to have been attached to the licence by the Secretary of State under Part 4 of the 2009 Act.

Application of landlord and tenant law

36

• (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.

Trees subject to tree preservation orders

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• (1) The undertaker may fell or lop any tree described in Part 2 (trees subject to tree preservation orders) of Schedule 9 cut back its roots or undertake such other works if it reasonably believes it to be necessary in order 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 passengers or other persons using the authorised development.

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

• (a) the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and

• (b) the duty contained in section 206(1)[^f00067] (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.

• (3) The authority given by 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 of the 1961 Act.

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) (cases in which land is to be treated as not being 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[^f00068] in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00069] of that Act if—

• (a) the defendant shows that the nuisance—

• (i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974[^f00070]; or

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

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

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

Protection of interests

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Schedule 10 (protective provisions) has effect.

Certification of documents, etc.

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• (1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 11 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

• (2) Where any plan or document set out in Schedule 11 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

• (3) A plan or document so certified will be 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

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

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

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00071] 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 will 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;

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

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

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

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

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

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

• (b) such revocation will be final and will take 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 will not be taken to 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 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.

Crown rights

44

• (1) Nothing in this Order affects prejudicially any estate right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker to take, use, enter upon or in any manner interfere with any land or rights of any description (including any river, channel, creek, bay or estuary)—

• (a) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

• (b) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

• (c) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

• (2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory purchase of any interest in any Crown land (as defined in the 2008 Act) for the time being held otherwise than by or on behalf of the Crown.

• (3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

• (4) Nothing in this Order shall authorise the compulsory acquisition of any interest in the Order Land held by or on behalf of the Duchy of Lancaster.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of Lancashire County Council, Wyre Council and Fylde Borough Council

A nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act, and associated development as defined in section 115 of the 2008 Act, comprising:

Work No.1 – The construction and alteration of the mainline A585 Amounderness Way commencing at the Scheme limit and terminating at Skippool Junction, approximately 301 metres in length, including associated features such as embankments, additional structures and roadside furniture, as shown on Sheet 1 of the Works Plans.

Work No.2 – The construction of a non-motorised user pedestrian crossing facilities across left arm (A585 Amounderness Way) of Skippool Junction, approximately 96 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.3 – The diversion of utilities (United Utilities), approximately 176 metres in length, across Skippool Junction, as shown on Sheet 1 of the Works Plans.

Work No.4 – The construction of the eastbound left turning lane (off-slip road), at Skippool Junction, approximately 158 metres in length from the A585 Amounderness Way onto the B5412 Skippool Road, as shown on Sheet 1 of the Works Plans.

Work No.5 – The construction of a non-motorised user footway (including provisions for cyclists and pedestrians), south west of Skippool Junction, approximately 57 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.6 – The diversion of utilities (Electricity North West), approximately 206 metres in length, across Skippool Junction, as shown on Sheet 1 of the Works Plans.

Work No.7 – The diversion of utilities (United Utilities), approximately 57 metres in length, across Skippool Junction, as shown on Sheet 1 of the Works Plans.

Work No.8 – The diversion of utilities (Electricity North West), approximately 105 metres in length, across Skippool Junction, as shown on Sheet 1 of the Works Plans.

Work No.9 – The construction of the left turning lane from the A588 Breck Road onto the A585 (westbound), approximately 124 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.10 – The construction of pedestrian crossing facilities across the northern arm of Skippool Junction (B5412 Skippool Road), approximately 53 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.11 – The construction of pedestrian crossing facilities across the southern arm (A588 Breck Road) of Skippool Junction approximately 52 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.12 – The construction of an at-grade, signalised crossroad junction (Skippool Junction), tying in with the existing A588 Breck Road, the B5412 Skippool Road and the A585 Amounderness Way, including all associated widening works and retaining structures, approximately 186 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.13 – The construction of the left turning lane from the B5412 Skippool Road onto Breck Road, (eastbound), at Skippool Junction, approximately 128 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.14 – The construction of pedestrian crossing facilities across the eastern arm (A585 Breck Road) of Skippool Junction, approximately 90 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.15 – The diversion of utilities (British Telecommunications PLC), approximately 151 metres in length, across Skippool Junction, as shown on Sheet 1 of the Works Plans.

Work No.16 – The diversion of utilities (Cadent), approximately 160 metres in length, across Skippool Junction, as shown on Sheet 1 of the Works Plans.

Work No.17 – The construction of a non-motorised user footway (including provisions for cyclists and pedestrians) approximately 596 metres in length, commencing at a tie in point with the existing footway on the B5412 Skippool Road and terminating at the diverted Old Mains Lane, as shown on Sheet 1 of the Works Plans.

Work No.18 – The construction of the westbound, left turn lane at Skippool Junction, approximately 155 metres in length, from the A585 Breck Road, continuing onto the A588 Breck Road, heading southbound, as shown on Sheet 1 of the Works Plans.

Work No.19 – The construction and alteration of Breck Service Road, running parallel to the main A585 Breck Road, approximately 156 metres in length, including the stopping up of the east end entrance and the construction of a “hammerhead” turning area, as shown on Sheet 1 of the Works Plans.

Work No.20 – The construction of alterations to the existing private means of access, on the north side of A585 Breck Road, approximately 36 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.21 – The construction of a new section of A585 dual carriageway between Skippool Junction and Skippool Bridge Junction, approximately 444 metres in length, including associated features such as embankments, additional structures and roadside furniture, as shown on Sheet 1 of the Works Plans.

Work No.22 – The construction of a non-motorised user footway (including provisions for cyclists and pedestrians) commencing at the turning point into Breck Road access road and running for approximately 220 metres along the south side of Mains Lane, including pedestrian crossing facilities at Skippool Bridge Junction, as shown on Sheet 1 of the Works Plans.

Work No.23 – The construction of alterations to the existing private means of access on the north side of the A585 Breck Road, approximately 41 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.24 – The diversion of utilities (British Telecommunications PLC), approximately 90 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.25 – The construction of a new underbridge over Main Dyke, including all associated bridge foundations, widening, parapets and roadside furniture, approximately 34 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.26 – The diversion of utilities (Electricity North West), approximately 218 metres in length, running along Mains Lane and across Skippool Bridge Junction, as shown on Sheet 1 of the Works Plans.

Work No.27 - The diversion of utilities (Cadent), approximately 258 metres in length, running along Mains Lane and across Skippool Bridge Junction, as shown on Sheet 1 of the Works Plans.

Work No.28 – The construction of the eastbound A585 off-slip lane at Skippool Bridge Junction, approximately 163 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.29 – The construction of the diverted Old Mains Lane Road, approximately 225 metres in length and tying in with the existing Old Mains Lane alignment, as shown on Sheet 1 of the Works Plans.

Work No.30 – The diversion of utilities (Electricity North West), approximately 384 metres in length, running across Skippool Bridge Junction, as shown on Sheet 1 of the Works Plans.

Work No.31 – The diversion of utilities (Electricity North West), approximately 379 metres in length, running along diverted Old Mains Lane and across the north side of A585 Breck Road, as shown on Sheet 1 of the Works Plans.

Work No.32 – The diversion of utilities (British Telecommunications PLC), approximately 357 metres in length, running along diverted Old Mains Lane and across to the north side of the A585 Breck Road, as shown on Sheet 1 of the Works Plans.

Work No.33 – The diversions of utilities (British Telecommunications PLC), approximately 728 metres in length, running around Skippool Bridge Junction, as shown on Sheet 1 of the Works Plans.

Work No.34 – The diversion of utilities (United Utilities), approximately 607 metres in length, running from the northern arm of the Skippool Junction along A585 Breck Road and terminating on the diverted Old Mains Lane, as shown on Sheet 1 of the Works Plans.

Work No.35 – The construction of an at-grade, signalised junction (Skippool Bridge Junction), tying in with the existing A585 Mains Lane, and the new A585 bypass, including all associated widening works and retaining structures, approximately 111 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.36 - The diversion of utilities (United Utilities), approximately 216 metres in length, around Skippool Bridge Junction, as shown on Sheet 1 of the Works Plans.

Work No.37 – The construction of the eastbound, left turn lane at Skippool Bridge Junction, approximately 34 metres in length, from the A585 Mains Lane, as shown on Sheet 1 of the Works Plans.

Work No.38 – The construction of an environmental bund (false cutting), approximately 369 metres in length, running along the north side of the new A585 dual carriageway, as shown on Sheet 1 of the Works Plans.

Work No.39 – The construction of an environmental bund (false cutting), approximately 363 metres in length, running along the south side of the new A585 dual carriageway, as shown on Sheet 1 of the Works Plans.

Work No.40 – The construction of a section of the new A585 dual carriageway, approximately 1476 metres in length, commencing at Skippool Bridge Junction and terminating at Poulton Junction, including associated features such as embankments, additional structures and roadside furniture, as shown on Sheets 1 and 2 of the Works Plans.

Work No.41 – The construction of a culvert, approximately 144 metres in length, running at 45° to the alignment of the new A585 dual carriageway, as shown on Sheet 1 of the Works Plans.

Work No.42 – The diversion of utilities (Electricity North West), approximately 82 metres, running perpendicular to the new A585 Dual Carriageway alignment, as shown on Sheet 1 of the Works Plans.

Work No.43 – The construction of a drainage attenuation pond and accompanying environmental bund (banking) with a perimeter approximately 322 metres in length, adjacent to the proposed eastbound carriageway as shown on Sheets 1 and 2 of the Works Plans.

Work No.44 – The construction of a culvert perpendicular to the new A585 Dual Carriageway of length approximately 99 metres, north west of Poulton Junction as shown on Sheet 2 of the Works Plans.

Work No.45 – The construction of a culvert perpendicular to the new A585 Dual Carriageway of length approximately 105 metres, north west of Poulton Junction as shown on Sheet 2 of the Works Plans.

Work No.46 – The construction of the new A585 Dual Carriageway westbound on-slip, left turning, lane at Poulton Junction, approximately 80 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.47 – The construction of an at grade crossroad junction (Poulton Junction) tying in with the existing A586 Garstang Road East and the new A585 Dual Carriageway including all associated widening works and retaining structures approximately 402 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.48 – The construction of a non-motorised user footway (including provisions for cyclists and pedestrians) along A586 Garstang Road East, approximately 169 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.49 – The construction of the new A585 Dual Carriageway eastbound off-slip, left turning, lane at Poulton Junction, approximately 87 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.50 – The construction of the new A585 Dual Carriageway eastbound on-slip, left turning, lane at Poulton Junction, approximately 28 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.51 – The diversion of utilities (United Utilities) along A586 Garstang Road East at Poulton Junction approximately 315 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.52 – The construction of an access route (path) to the drainage attenuation pond located South East of Poulton Junction approximately 45 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.53 – The diversion of utilities (United Utilities) along A586 Garstang Road East at Poulton Junction approximately 253 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.54 – The diversion of utilities (Cadent) along A586 Garstang Road East at Poulton Junction approximately 253 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.55 – The construction of an environmental bund (false cutting) along the south side of the new A585 Dual Carriageway, south of Poulton Junction, approximately 351 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.56 – The construction of the new A585 Dual Carriageway westbound off-slip left turning lane at Poulton Junction approximately 81 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.57 – The construction of a drainage attenuation pond and accompanying environmental bund (banking) with a perimeter approximately 210 metres in length, adjacent to Poulton Junction, as shown on Sheet 2 of the Works Plans.

Work No.58 – The construction of a section of the new A585 Dual Carriageway, approximately 2609 metres in length, commencing at Poulton Junction, and terminating at Windy Harbour Junction, including all associated features such as embankments, cuttings, additional structures and roadside furniture, as shown on Sheets 2, 3 and 4 of the Works Plans.

Work No.59 – The construction of an environmental bund along the north side of the new A585 Dual Carriageway, south of Poulton Junction, approximately 531 metres in length, as shown on Sheets 2 and 3 of the Works Plans.

Work No.60 – The diversion of utilities (United Utilities) parallel to the new A585 Dual Carriageway, running for approximately 828 metres in length, as shown on Sheets 2 and 3 of the Works Plans.

Work No.61 – The diversion of utilities (United Utilities) commencing in land adjacent to the new A585 Dual Carriageway and running for approximately 746 metres in length, as shown on Sheets 2 and 3 of the Works Plans.

Work No.62 – The construction of a culvert, approximately 94 metres in length, perpendicular to the new A585 Dual Carriageway, as shown on Sheet 2 of the Works Plans.

Work No.63 – The construction of a borrow pit including the excavation, working and restoration to win material required for the construction of the A585 Windy Harbour to Skippool Improvement Scheme, situated adjacently to the west of Lodge Lane to the north of the proposed bypass, with a perimeter approximately 1270 metres, as shown on Sheets 2 and 3 of the Works Plans.

Work No.64 – The diversion of utilities (Electricity North West), approximately 165 metres in length, running parallel to the north of the new A585 Dual Carriageway, as shown on Sheet 3 of the Works Plans.

Work No.65 – The diversion of utilities (British Telecommunications PLC), approximately 143 metres in length, along Lodge Lane Bridge, as shown on Sheet 3 of the Works Plans.

Work No.66 – The stopping up of the existing private means of access road, approximately 29 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.67 – The diversion of utilities (United Utilities), approximately 59 metres in length, running along Lodge Lane Bridge, as shown on Sheet 3 of the Works Plans.

Work No.68 The construction of alterations to the private means of access, approximately 16 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.69 – The diversion of utilities (Cadent), approximately 439 metres in length at Lodge Lane Bridge, as shown on Sheet 3 of the Works Plans.

Work No.70 – The construction and alteration of Lodge Lane and new overbridge (Lodge Lane Bridge) including all associated bridge foundations, widening, parapets and roadside furniture, approximately 191 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.71 – The diversion of utilities (Electricity North West), approximately 204 metres in length, along private means of access to Singleton Manor and up Lodge Lane to the north, as shown on Sheet 3 of the Works Plans.

Work No.72 – The diversion of utilities (Electricity North West), approximately 269 metres in length, along private means of access to Singleton Manor, across Lodge Lane and running along the south side of the new A585 dual carriageway, as shown on Sheet 3 of the Works Plans.

Work No.73 – The diversion of utilities (United Utilities), approximately 203 metres in length, along private means of access to Singleton Manor, as shown on Sheet 3 of the Works Plans.

Work No.74 – The construction of a new private means of access, approximately 117 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.75 – The diversion of utilities (British Telecommunications PLC), approximately 119 metres in length, along private means of access to Singleton Manor, as shown on Sheet 3 of the Works Plans.

Work No.76 – The diversion of utilities (Cadent), approximately 55 metres in length, along private means of access to Singleton Manor, as shown on Sheet 3 of the Works Plans.

Work No.77 – The diversion of utilities (United Utilities), approximately 90 metres in length, running at 45° to the alignment of the new A585 dual carriageway, as shown on Sheet 3 of the Works Plans.

Work No.78 – The construction of a borrow pit including the excavation, working and restoration to win material required for the construction of the A585 Windy Harbour to Skippool Improvement Scheme, situated adjacently to the west of Lodge Lane to the south of the proposed bypass, with a perimeter approximately 768 metres, as shown on Sheet 3 of the Works Plans.

Work No.79 – The construction of a footbridge (Grange Footbridge), including accompanying bridge foundations, stairs, ramps and non-motorised user footway, approximately 394 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.80 – The diversion of utilities (Cadent), approximately 1005 metres in length, running along the north side of the new A585 dual carriageway, commencing at Garstang New Road and terminating at Windy Harbour Junction, as shown on Sheets 3 and 4 of the Works Plans.

Work No.81 – The diversion of utilities (British Telecommunications PLC), approximately 1033 metres in length, running along the north side of the new A585 dual carriageway, commencing at Garstang New Road and terminating at Windy Harbour Junction, as shown on Sheets 3 and 4 of the Works Plans.

Work No.82 – The construction of a non-motorised user footway (including provisions for cyclists and pedestrians) along the north side of the new A585 dual carriageway, commencing at Grange Footbridge, running for approximately 987 metres in length and terminating at Windy Harbour Junction, as shown on Sheets 3 and 4 of the Works Plans.

Work No.83 – The detrunking of a section of Garstang New Road between Little Singleton Junction and Grange Footbridge, approximately 753 metres in length including the construction of a non-motorised user footway (including provisions for cyclists and pedestrians), as shown on Sheet 3 of the Works Plans.

Work No.84 – The construction of the northwest arm of Little Singleton Junction, approximately 71 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.85 – The construction of the northeast arm of Little Singleton Junction, approximately 60 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.86 – The construction of the west arm of Little Singleton Junction, approximately 74 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.87 – The construction of the “Q-turn” at Little Singleton Junction, approximately 46 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.88 – The construction of the south arm of Little Singleton Junction, approximately 50 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.89 – The construction of the east arm of Little Singleton Junction, approximately 77 metres, in length, including the stopping up of Garstang New Road, as shown on Sheet 3 of the Works Plans.

Work No.90 – The construction of a drainage attenuation pond and accompanying environmental bund, with a perimeter of approximately 203 metres, located on the south side of the new A585 dual carriageway, as shown on Sheet 4 of the Works Plans.

Work No.91 – The construction of a culvert, perpendicular to the new A585 dual carriageway, approximately 55 metres in length, as shown on Sheet 4 of the Works Plans.

Work No.92 – The construction of a culvert, perpendicular to the new A585 dual carriageway, approximately 53 metres in length, as shown on Sheet 4 of the Works Plans.

Work No.93 – The construction of a drainage attenuation pond and accompanying environmental bund, with a perimeter of approximately 176 metres, located on the south side of the new A585 dual carriageway, as shown on Sheet 4 of the Works Plans.

Work No.94 – The construction of pedestrian crossing facilities and footpath at the termination of the new A585 dual carriageway at Windy Harbour Junction, tying in with existing crossing facilities at the junction, approximately 62 metres in length, as shown on Sheet 4 of the Works Plans.

Work No.95 – The improvements associated with the de-trunking of the existing A585 between Skippool Bridge Junction and Little Singleton Junction, approximately 1947 metres in length as shown on Sheets 1, 2 and 3 of the Works Plans, including the construction of a non-motorised user footway (including provisions for cyclists and pedestrians).

Work No.96 – The construction of a culvert, perpendicular to the new A585 dual carriageway, approximately 57 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.97 – The construction and alteration of Shard Road Junction, approximately 55 metres in length, including associated features such as embankments, additional structures and roadside furniture, as shown on Sheet 1 of the Works Plans.

Work No.98 – The construction of flood mitigation area (1) with a perimeter of approximately 367 metres, including associated embankments, as shown on Sheet 1 of the Works Plans.

Work No.99 – The construction of a non-motorised user footway (including provision for cyclists and pedestrians) between Skippool Bridge Junction and Old Mains Lane, approximately 36 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.100 – The construction of pedestrian crossing facilities across the new A585 Dual Carriageway at Poulton Junction, approximately 93 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.101 – The construction of a non-motorised user footway (including provisions for cyclists and pedestrians) along A586 Garstang Road East, approximately 168 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.102 – The construction of pedestrian crossing facilities across the new A585 Dual Carriageway westbound at Skippool Bridge Junction, approximately 38 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.103 – The construction of pedestrian crossing facilities across the new A585 Dual Carriageway eastbound at Skippool Bridge Junction, approximately 21 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.104 – The construction of pedestrian crossing facilities across the new Skippool Bridge Junction left turning lane, approximately 24 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.105 – The construction of pedestrian crossing facilities across the new Skippool Bridge Junction left turning lane, approximately 47 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.106 – The construction of a non-motorised user footway (including provisions for cyclists and pedestrians) along the A585 Mains Lane, approximately 111 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.107 – The construction of an environmental bund (false cutting), approximately 667 metres in length, running along the north side of the new A585 dual carriageway, as shown on Sheet 2 of the Works Plans.

Work No.108 – The construction of an environmental bund (false cutting), approximately 298 metres in length, running along the south side of the new A585 dual carriageway, as shown on Sheet 1 of the Works Plans.

Work No.109 – The construction of flood mitigation area (4) with a perimeter of approximately 288 metres, including associated embankments, as shown on Sheet 2 of the Works Plans.

Work No.110 – The construction of flood mitigation area (3) with a perimeter of approximately 491 metres, including associated embankments, as shown on Sheet 2 of the Works Plans.

Work No.111 – The construction of flood mitigation area (2) with a perimeter of approximately 619 metres, including associated embankments, as shown on Sheets 1 and 2 of the Works Plans.

Work No.112 – The diversion of utilities (Electricity North West) running perpendicular to the A585 approximately 42 metres in length, as shown on Sheet 1 of the Works Plans.

Work No.113 – The construction of a new private means of access to the west of Poulton Junction on the A586, approximately 516 metres in length, as shown on Sheets 1 and 2 of the Works Plans.

Work No.114 – The construction of a new private means of access to the south of Grange footbridge, approximately 758 metres in length, as shown on Sheet 3 of the Works Plans.

Work No.115 – The construction of a culvert (Skippool Clough), approximately 104 metres in length, running directly beneath Skippool Junction, including the abandoning of the existing Skippool Clough culvert, as shown on Sheet 1 of the Works Plans.

Work No.116 – The diversion of utilities (United Utilities), approximately 27 metres in length, running perpendicular to the new A585 Dual Carriageway, as shown on Sheet 1 of the Works Plans.

Work No.117 – The construction of a farm access track and accommodation fencing on the north side of the track, approximately 84 metres in length, running parallel to the north side of the new A585 Dual carriageway towards Ryecroft Farm, as shown on Sheet 1 of the Works Plans.

Work No.118 – The construction of an altered connection, approximately 21 metres in length, from the footway to the section of Wyre Way west of Horsebridge Dyke, as shown on Sheet 1 of the Works Plans.

Work No.119 – The construction of an altered connection, approximately 12 metres in length, from the footway to the section of Wyre Way west of Horsebridge Dyke, as shown on Sheet 1 of the Works Plans.

Work No.120 – The diversion of utilities (GTC Infrastructure Limited), approximately 69 metres in length, along private means of access to Singleton Manor, as shown on Sheet 3 of the Works Plans.

Work No.121 – The diversion of utilities (British Telecommunications PLC) along A586 Garstang Road East at Poulton Junction, approximately 344 metres in length, as shown on Sheet 2 of the Works Plans.

Work No.122 – The construction of a dwarf wall, approximately 135 metres in length, along the northern footway at Skippool Junction from Throstles Nest to a point east of Skippool Junction, as shown on Sheet 1 of the Works Plans.

Work No.123 – The construction of an accommodation culvert, perpendicular to a new access track, approximately 13 metres in length, as shown on Sheet 1 of the Works Plans.

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

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

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

• (c) works for the strengthening, alteration or demolition of any building;

• (d) ramps, means of access, non-motorised links, footpaths, footways, bridleways, cycle tracks and crossing facilities;

• (e) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, outfalls, ditches, pollution control devices, wing walls, highway lighting, fencing and culverts;

• (f) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;

• (g) works to place, alter, divert, relocate, remove or maintain the position of apparatus, services, plant and other equipment in a street, or in other land, including mains, sewers, drains, pipes, lights and cables;

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

• (i) landscaping, noise 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;

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

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

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

• (m) the felling of trees and hedgerows;

• (n) establishment of site construction compounds, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction lighting, haulage roads and other machinery, apparatus, works and conveniences;

• (o) 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; and

• (p) such other works, working sites storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development which do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “contaminated land” has the same meaning as that given in section 78A[^f00072] of the Environmental Protection Act 1990;

• “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[^f00073];

• “the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

• “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981[^f00074]; and

• “REAC” means the record of environmental actions and commitments at Volume 7 of the environmental statement (Application Document TR010035/APP/7.3).

Time limits

2

The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.

Detailed design

3

• (1) The authorised development must be designed in detail and carried out in accordance with the preliminary scheme design shown on the works plans and engineering drawings and sections unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its functions, provided that the Secretary of State is satisfied that any amendments to the works plans and engineering drawings and sections showing departures from the preliminary scheme 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 and engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

Construction and handover environmental management plans

4

• (1) No part of the authorised development is to commence until a CEMP, substantially in accordance with the outline CEMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and Natural England to the extent that it relates to matters relevant to their function.

• (2) The CEMP must be written in accordance with ISO14001 and must—

• (a) be in accordance with the mitigation measures set out in the REAC;

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

• (c) require adherence to working hours of 07:30–18:00 Mondays to Fridays and 08:00–14:00 on Saturday except for—

• (i) deliveries, movements to work, maintenance and general preparation works but not including running plant and machinery for a period of one hour either side of the above times;

• (ii) night-time closures including for road crossings and final surfacing tie ins;

• (iii) any oversize deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation;

• (iv) junction tie-in works;

• (v) repair or maintenance of construction equipment;

• (vi) removal of overhead power lines;

• (vii) overnight traffic management measures;

• (viii) cases of emergency; and

• (ix) as otherwise agreed by the relevant planning authority in advance;

• (d) include the following management plans which must be in accordance with the REAC—

• (i) Bird Mitigation Strategy;

• (ii) Biodiversity Enhancement Strategy;

• (iii) Soil Management Plan;

• (iv) Soil Resource Plan;

• (v) Noise and Vibration Management Plan;

• (vi) Pollution Control Plan;

• (vii) Emergency Spillage Response Plan;

• (viii) Emergency Flood Response Plan;

• (ix) Dewatering Management Plan;

• (x) Construction Water Management Plan;

• (xi) Site Waste Management Plan;

• (xii) Materials Management Plan;

• (xiii) Borrow Pit – Restoration Aftercare Plan;

• (xiv) Asbestos Management Plan;

• (xv) Flood Warning Evacuation Plan.

• (3) The construction of the authorised development must be carried out in accordance with the approved CEMP and any mitigation, monitoring and adaptive management measures contained in the approved CEMP must be implemented.

• (4) A HEMP must be developed and completed by the end of the construction, commissioning and handover stage of the authorised development, in accordance with the process set out in the approved CEMP.

• (5) The HEMP must address the matters set out in the approved CEMP that are relevant to the operation and maintenance of the authorised development, and must contain—

• (a) the environmental information needed for the future maintenance and operation of the authorised development;

• (b) 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

• (c) a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

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

Landscaping

5

• (1) The authorised development must be landscaped in accordance with a landscaping scheme which sets out details of all proposed hard and soft landscaping works and which has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

• (2) The landscaping scheme must reflect the mitigation measures set out in the REAC and must be based on the illustrative environmental masterplan within the environmental statement (Application Document TR010035/APP/6.19).

• (3) The landscaping scheme prepared under sub-paragraph (1) must include details of—

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

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

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

• (d) proposed finished ground levels; and

• (e) implementation timetables for all landscaping works.

• (4) 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.

• (5) 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 at least the same species and size as that originally planted, or where significant loss occurs a size and species which accords with the provisions for replacement planting identified in the approved HEMP, unless the Secretary of State, following consultation with the relevant planning authority on matters related to its function, gives consent to a variation.

Contaminated land and groundwater

6

• (1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.

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

• (3) Remediation must be carried out in accordance with the approved scheme.

Protected species

7

• (1) In the event that any protected species which are 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 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 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.

• (4) Prior to demolition of Skippool Bridge the undertaker must carry out an endoscope survey of the features on the bridge which have the potential to be used by bats. If the results of the survey show that bats are present and a protected species licence is required, no further work shall be undertaken to the bridge until a written scheme of investigation and mitigation has been prepared.

• (5) The undertaker must implement the written scheme prepared under sub-paragraph (4) 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.

• (6) The undertaker must implement the Bird Mitigation Strategy prepared under requirement 4(2)(d)(i) at all times during construction of the authorised development unless otherwise agreed in writing by the Secretary of State following consultation with Natural England.

Surface and foul water drainage

8

• (1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the lead local flood authority on matters related to its function.

• (2) The surface and foul water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation with the lead local flood authority on matters related to its function, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Archaeological remains

9

• (1) No part of the authorised development is to commence until for that part a written scheme for the investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the Archaeology Mitigation Strategy and draft Written Scheme of Investigation, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

• (2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

• (3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme referred to in sub-paragraph (1).

• (4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and reported to the relevant planning authority as soon as reasonably practicable from the date they are identified.

• (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 of any notice served under sub-paragraph (4) unless otherwise agreed in writing by the relevant planning authority.

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

Traffic management

10

• (1) No part of the authorised development is to commence until a traffic management plan for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the local highway authority on matters related to its function.

• (2) The authorised development must be constructed in accordance with the traffic management plan referred to in sub-paragraph (1).

Amendments to approved details

11

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

Fencing

12

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with Volume 1, Series 0300 of 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.

Details of consultation

13

• (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 undertaker must provide such other party with not less than 14 days for any response to the consultation and thereafter the details submitted to the Secretary of State for approval 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.

Temporary compensatory flood storage system

14

• (1) Development must not be commenced within the 1% plus 30% for climate change flood extent of the Main Dyke, illustrated in Figure D8 of the Flood Risk Assessment (document reference TR010035/APP/5.2–v1) until details of a temporary compensatory flood storage scheme is submitted to and approved in writing by the Secretary of State. The scheme must include details of the design, function, construction and, as appropriate, decommissioning of the temporary compensatory flood storage area, to ensure that a suitably engineered solution is provided that will not impede access to Main Dyke (Skippool Creek) for maintenance purposes and will allow for the storage and subsequent drain down of flood waters that would be displaced by the development.

• (2) The scheme must be fully implemented as approved and subsequently maintained in accordance with the approved details until it is decommissioned.

Soil survey and mitigation plan

15

• (1) No part of the authorised development is to commence until an agricultural land classification and soil survey has been undertaken and a soil mitigation plan has been prepared and has been submitted and approved in writing by the Secretary of State following consultation with Natural England.

• (2) The undertaker must implement the soil mitigation plan prepared under sub-paragraph (1) during construction of the authorised development.

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 consent, 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

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

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

• (3) Where—

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

• (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 from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

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

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.

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

• (3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 16 (applications made under requirements) and in this paragraph.