The M42 Junction 6 Development Consent Order 2020

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 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[^f00067] 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)[^f00068] 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 (prior consent for work on construction sites) of the Control of Pollution Act 1974[^f00069]; 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 12 (protective provisions) to the Order has effect.

Certification of plans and 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 13 (certification of plans and documents, etc.) to the Secretary of State for certification as true copies of those plans and documents.

• (2) Where any plan or document set out in Schedule 13 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[^f00070] 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.

No double recovery

46

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

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.

Removal of human remains

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• (1) In this article “the specified land” means the land within the Order limits.

• (2) Before the undertaker carries out any development or works which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

• (3) Subject to paragraph (12), before any such remains are removed from the specified land the undertaker must give notice of the intended removal describing the specified land and stating the general effect of the following provisions of this article by—

• (a) publishing a notice once in each of two successive weeks in a newspaper circulating in the area of the authorised development; and

• (b) displaying a notice in a conspicuous place on or near to the specified land.

• (4) As soon as reasonably practicable after the first publication of a notice under paragraph (3), the undertaker must send a copy of the notice to the relevant planning authority.

• (5) At any time within 56 days after the first publication of a notice under paragraph (3), any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

• (6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

• (a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

• (b) removed to, and cremated in, any crematorium,

and that person is to, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

• (7) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question must be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

• (8) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article.

• (9) If—

• (a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or

• (b) such notice is given and no application is made under paragraph (7) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or

• (c) within 56 days after any order is made by the county court under paragraph (7) any person, other than the undertaker, specified in the order fails to remove the remains; or

• (d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves must be re-interred in individual containers which must be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

• (10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

• (11) On the re-interment or cremation of any remains under this article—

• (a) a certificate of re-interment or cremation must be sent to the Registrar General by the undertaker giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

• (b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) must be sent by the undertaker to the relevant planning authority.

• (12) No notice is required under paragraph (3) before the removal of any human remains where the undertaker is satisfied—

• (a) that the remains were interred more than 100 years ago; and

• (b) that no relative or personal representative of the deceased is likely to object to the remains being removed in accordance with this article.

• (13) In this article—

• (a) references to a relative of the deceased are to a person who—

• (i) is a husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased; or

• (ii) is, or is a child of, a brother, sister, uncle or aunt of the deceased.

• (b) references to a personal representative of the deceased are to a person or persons who—

• (i) is the lawful executor of the estate of the deceased; or

• (ii) is the lawful administrator of the estate of the deceased.

• (14) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State.

• (15) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

• (16) Section 25 (bodies not to be removed from burial grounds, save under faculty, without licence of Secretary of State) of the Burial Act 1857[^f00071] does not apply to a removal carried out in accordance with this article.

• (17) Section 239 (use and development of burial grounds) of the 1990 Act applies—

• (a) in relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit use by the undertaker in accordance with the provisions of this Order; and

• (b) in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 33 (temporary use of land for carrying out the authorised development) or 34 (temporary use of land for maintaining the authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order,

and in section 240(1) (provisions supplemental to ss. 238 and 239) of the 1990 Act reference to “regulations made for the purposes of sections 238(3) and (4) and 239(2)” means, so far as applicable to land or a right over land acquired under this Order, paragraphs (2) to (15) of this article and in section 240(3) of the 1990 Act reference to a “statutory undertaker” includes the undertaker and reference to “any other enactment” includes this Order.

• (18) The Town and Country Planning (Churches, Places of Religious Worship and Burial Ground) Regulations 1950[^f00072] do not apply to the authorised development.

• (19) Requirement 9 (archaeological remains) of Part 1 of Schedule 2 (requirements) applies in respect of any disturbed human remains determined to be of archaeological interest.

Application, disapplication and modification of legislative provisions

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• (1) The provisions of the Neighbourhood Planning Act 2017[^f00073], insofar as they relate to temporary possession of land under articles 33 (temporary use of land for carrying out the authorised development) and 34 (temporary use of land for maintaining the authorised development) of this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 34(13), any maintenance of any part of the authorised development.

• (2) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010[^f00074] any building comprised in the authorised development is to be—

• (a) a building into which people do not normally go; or

• (b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Amendment of local legislation

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• (1) The following local enactments, and any byelaws or other provisions made under any of those enactments, are hereby excluded and do not apply insofar as inconsistent with a provision of, or a power conferred by, this Order—

• (a) Birmingham and Oxford Junction Railway Act 1846[^f00075] sections XXIV and XXV;

• (b) London and North Western Railway (Additional Powers) Act 1879[^f00076] sections ix, xiv, xxxii and xxxv;

• (c) London and North Western Railway Act 1880[^f00077] section xviii and xix;

• (d) London and North Western Railway Act 1893[^f00078] (c. clxvi) section xxv;

• (e) West Midlands County Council Act 1980[^f00079] sections 6, 11 and 12;

• (f) Midland Metro Act 1992[^f00080] sections 3 to 9;

• (g) Midland Metro (No 2) Act 1993[^f00081] (c. vi) sections 3, 6 and 12;

• (h) High Speed Rail (London – West Midlands) Act 2017[^f00082].

• (2) For the purpose of paragraph (1), a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—

• (a) it would make it an offence to take action, or not to take action, in pursuance of the power;

• (b) action taken in pursuance of the power would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or

• (c) action taken in pursuance of a power or duty under the provision would or might interfere with the exercise of any work authorised by this Order.

• (3) Paragraphs (1) and (2) are subject to Schedule 12 (protective provisions).

• (4) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out—

• (a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

• (b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and

• (c) the extent of that exclusion.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of North Warwickshire District Council and Solihull Metropolitan Borough Council

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

Work No. 1 – as shown on Sheet Nos. 1, 2, 3, 5, 6 and 7 of the works plans and being the improvement of the northbound and southbound carriageways of the M42 Motorway between Junctions 5 and 7 (8.35 kilometres in length), such works including—

• (a) the alteration of 4 no. portal gantries above the M42 Motorway within the gantry siting locations shown as Gantry Type 1 on Sheet Nos. 1, 5 and 6 of the works plans, including the installation of new signs, signals, sign illumination, control cabinets, power and communication cable connections;

• (b) the construction of 5 no. portal gantries above the M42 Motorway within the gantry siting locations shown as Gantry Type 3 on Sheet Nos. 1, 2 and 5 of the works plans, including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs, signals, sign illumination, control cabinets, power and communication cable connections;

• (c) the construction of 9 no. cantilever gantries above the M42 Motorway within the gantry siting locations shown as Gantry Type 4 on Sheet Nos. 1, 2 and 6 of the works plans, including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs, signals, sign illumination, control cabinets, power and communication cable connections;

• (d) the demolition of 7 no. portal gantries above the M42 Motorway within the gantry siting locations shown as Gantry Type 5 on Sheet Nos. 1, 2, 5 and 6 of the works plans, including the removal of the gantry foundations, gantry structures, earthwork retaining structures, signs, signals, sign illumination, control cabinets, power and communication cable disconnections;

• (e) the demolition of 6 no. cantilever gantries above the M42 Motorway within the gantry siting locations shown as Gantry Type 6 on Sheet Nos. 1, 2 and 6 of the works plans, including the removal of the gantry foundations, gantry structures, signs, signals, sign illumination, control cabinets, power and communication cable disconnections;

• (f) the construction of 1 no. emergency refuge area on the northbound carriageway at the locations shown on Sheet No. 2 of the works plans;

• (g) the demolition of 3 no. emergency refuge areas on the northbound carriageway at the locations shown on Sheet Nos. 2 and 6 of the works plans; and

• (h) the demolition of 3 no. emergency refuge areas on the southbound carriageway at the locations shown on Sheet Nos. 2 and 6 of the works plans.

In the administrative area of Solihull Metropolitan Borough Council

Work No. 2 – as shown on Sheet Nos. 4 and 5 of the works plans and being the improvement of the eastbound and westbound carriageway of the A45 from a point 650 metres west of Clock Interchange to a point 715 metres east of the M42 Junction 6 (2.4 kilometres in length), such works including—

• (a) the alteration of 1 no. cantilever gantry above the westbound carriageway of the A45 within the gantry siting locations shown as Gantry Type 2 on Sheet No. 4 of the works plans, including the installation of new signs, signals, sign illumination, control cabinets, power and communication cable connections;

• (b) the construction of 2 no. cantilever gantries above the eastbound carriageway of the A45 within the gantry siting locations shown as Gantry Type 4 on Sheet No. 4 of the works plans, including the installation of new gantry foundations, gantry structure, earthwork retaining structures, signs, signals, sign illumination, control cabinets, power and communication cable connections; and

• (c) the demolition of 1 no. portal gantry above the eastbound carriageway of the A45 within the gantry siting locations shown as Gantry Type 5 on Sheet No. 4 of the works plans, including the removal of gantry foundations, gantry structures, signs, signals, sign illumination, control cabinets, power and communication cable disconnections.

Work No. 3 – as shown on Sheet No. 2 of the works plans and being the demolition of the existing Solihull Road Overbridge (65 metres in length) and the construction of a new Solihull Road Overbridge, a two lane single carriageway with a widened southern verge for future footway provision (110 metres in length). New overbridge required to facilitate slip roads to Junction 5A (Works Nos. 4 and 5). New overbridge will require Solihull Road to be raised on embankment to the east and west of the new overbridge structure for a distance of 225 metres (east) and 325 metres (west) respectively.

Work No. 4 – as shown on Sheet No. 2 of the works plans and being the construction of a new M42 off-slip road (850 metres in length) both in cutting and on embankment that diverges from the M42 and connects to the new Junction 5A of the M42 (Work No. 6), including the demolition of 125 metres of existing sheet pile wall to accommodate the new off slip road.

Work No. 5 – as shown on Sheet No. 2 of the works plans and being the construction of a new M42 on-slip road (750 metres in length) both in cutting and on embankment that merges onto the M42 from the new Junction 5A of the M42 (Work No. 6).

Work No. 6 – as shown on Sheet No. 2 of the works plans and being the construction of a new Junction 5A of the M42, 120 metres north of the proposed Solihull Road Overbridge (Work No. 3). Junction 5A to consist of a two lane eastern roundabout and a two lane western roundabout, both constructed on embankment. Roundabouts to be connected via a new Junction 5A overbridge (45m in length), featuring a two lane eastbound carriageway and a single lane plus hard shoulder on the western carriageway.

Work No. 7 – as shown on Sheet Nos. 2, 3 and 4 of the works plans and being the construction of a new 2.4 kilometre dual carriageway mainline link on both embankment and in cutting connecting Junction 5A (Work No. 6) to Clock Interchange (Work No. 20). The new mainline link to include the construction of earthwork retaining structures and to necessitate the demolition of the residential property known as “Heath End House”.

Work No. 8 – as shown on Sheet Nos. 2 and 3 of the works plans and being the construction of a new single lane on-slip road in cutting (690 metres in length) commencing at Barber’s Coppice Roundabout (Work No. 12) and connecting to the northbound carriageway of the proposed mainline link road (Work No. 7).

Work No. 9 – as shown on Sheet No. 3 of the works plans and being the construction of a new two lane off-slip road (510 metres in length) in cutting commencing at the southbound carriageway of the new mainline link road (Work No. 7) and connecting to the proposed Bickenhill Roundabout (Work No. 14).

Work No. 10 – as shown on Sheet Nos. 3 and 4 of the works plans and being the construction of—

• (a) a new single lane plus hard-shoulder northbound diverge (640 metres in length) in both cutting and on embankment from the mainline link road (Work No. 7) and joining the Airport Way connector road from the A45 Westbound (Work No. 19); and

• (b) a new field access to land severed by the construction of Work Nos. 7 and 10 identified as point 4/23 on Sheet 4 of the Streets, Rights of Way and Access Plans.

Work No. 11 – as shown on Sheet No. 2 of the works plans and being the construction of the realigned two lane single carriageway B4438 Catherine-de-Barnes Lane (240 metres in length) in both cutting and on embankment, south of Barber’s Coppice Roundabout (Work No. 12).

Work No. 12 – as shown on Sheet No. 2 of the works plans and being the construction of a new two lane roundabout on embankment, to be known as Barber’s Coppice Roundabout. Roundabout positioned to the east of the Birmingham Dog’s Home facility, providing connections to the realigned B4438 Catherine-de-Barnes Lane (Works Nos. 11 and 13), the new single lane northbound on-slip road to the new mainline link road at Work No. 7 (Work No. 8) and existing properties on the western arm.

Work No.13 – as shown on Sheet Nos. 2 and 3 of the works plans and being the construction of the realigned two lane single carriageway B4438 Catherine-de-Barnes Lane (760 metres in length) in both cutting and embankment, connecting Barber’s Coppice Roundabout (Work No. 12) with Bickenhill Roundabout (Work No. 14). New carriageway to include the construction of a new overbridge (82 metres in length) to be known as Catherine-de-Barnes South Overbridge, to provide a crossing of the new mainline link road (Work No. 7), south of the proposed realigned Shadowbrook Lane (Work No. 17). Construction of a new field access to land severed by Work No. 7 as shown at point 3/38 on Sheet 3 of the Streets, Rights of Way and Access Plans.

Work No. 14 – as shown on Sheet No. 3 of the works plans and being the construction of a new two lane roundabout in both cutting and on embankment, to be known as Bickenhill Roundabout. Roundabout positioned to the west of Bickenhill, providing connections to the realigned B4438 Catherine-de-Barnes Lane (Work No.13), the realigned Catherine-de-Barnes Lane (Work No. 15), the new two lane southbound off-slip road from the mainline link road (Work No. 9) and the realigned St Peters Lane (Work No. 18).

Work No. 15 – as shown on Sheet No. 3 of the works plans and being the construction of the realigned two lane single carriageway Catherine-de-Barnes Lane (490 metres in length) in both cutting and on embankment, connecting Bickenhill Roundabout (Work No. 14) with the T Junction of Catherine-de-Barnes Lane and St Peters Lane (Work No. 16). Construction of a new field access to land severed by Work No. 7 as shown at point 3/49 on Sheet 3 of the Streets, Rights of Way and Access Plans.

Work No. 16 – as shown on Sheet No. 3 of the works plans and being the construction of realigned new two lane single carriageway realigned Catherine-de-Barnes Lane (290 metres in length) and associated footway to the junction with Clock Lane. To include the construction of a new overbridge, to be known as Catherine-de-Barnes North Overbridge, to provide a crossing of the new mainline link road (Work No. 7). Works to also include tie in works to the existing St Peters Lane access to the village of Bickenhill.

Work No. 17 – as shown on Sheet No. 3 of the works plans and being the realignment of 125 metres of Shadowbrook Lane to connect with the realigned B4438 Catherine-de-Barnes Lane (Work No. 13).

Work No. 18 – as shown on Sheet No. 3 of the works plans and being the construction and realignment of 50 metres of the southern section of St Peters Lane, including revised access points in order to connect to Bickenhill Roundabout (Work No. 14).

Work No. 19 – as shown on Sheet No. 4 of the works plans and being the alteration of the existing Airport Way connector road linking the A45 Westbound to Airport Way, to accommodate the connection with the mainline link road at Work No. 10 and the closure of the dedicated free flow link from M42 Junction 6 to the Airport (Work No. 29).

Work No. 20 – as shown on Sheet No. 4 of the works plans and being improvements to the existing Clock Interchange, including the upgrade of the junction from a two to a three lane interchange, the installation of traffic signals and alterations to the on-slip and off-slip roads to accommodate the new three lane junction arrangement. Works to also include the removal of the existing footway (both 85 metres in length) on the eastern and western structures of Clock Interchange.

Work No. 21 – as shown on Sheet No. 4 of the works plans and being the construction of a new free flow link (762 metres in length) from the mainline link road (Work No. 7) on both embankment and in cutting to connect to the A45 Westbound carriageway, 600 metres to the west of Clock Interchange. Free flow link road to diverge from the mainline link road 150 metres to the south of Clock Interchange.

Work No. 22 – as shown on Sheet No. 4 of the works plans and being the realignment of the existing single carriageway A45 Eastbound to Bickenhill Lane free flow link road (the realigned section of road to be 390 metres in length, constructed on embankment and in cutting) to accommodate the realignment works to Bickenhill Lane North and South (Work Nos. 23 and 24).

Work No. 23 – as shown on Sheet No. 4 of the works plans and being the alteration of the existing Bickenhill Lane carriageway from two lanes to three lanes northbound from Clock Interchange and associated tie in works to Bickenhill Lane Roundabout.

Work No. 24 – as shown on Sheet No. 4 of the works plans and being the alteration of the existing Bickenhill Lane carriageway from three lanes to four lanes southbound from Bickenhill Lane Roundabout to connect to Clock Interchange, including tie in works at Bickenhill Lane Roundabout and the removal of the existing segregated left turn lane onto the A45 Eastbound, with all four lanes to converge to a stop line at Clock Interchange.

Work No. 25 – as shown on Sheet No. 5 of the works plans and being improvements to M42 Junction 6 Interchange and its associated on-slips and off-slips roads, including the upgrade of the M42 Northbound off-slip to four lanes from three lanes.

Work No. 26 – as shown on Sheet Nos. 4, 5 and 6 of the works plans and being the construction of a new free flow single carriageway with hard shoulder link road (1610 metres in length) on both embankment and in cutting, connecting the A45 Eastbound and M42 Northbound.

Work No.27 – as shown on Sheet No. 5 of the works plans and being the construction of a new free flow link road (750 metres in length) with single carriageway and hard shoulder on both embankment and in cutting, connecting the M42 Southbound to the A45 Eastbound.

Work No. 28 – as shown on Sheet Nos. 5 and 6 of the works plans and being the construction of a new two lane diverge slip road (635 metres in length) on embankment and in cutting from the M42 Southbound, connecting to the relocated East Way Roundabout (Work No. 30).

Work No. 29 – as shown on Sheet No. 5 of the works plans and being the closure of the dedicated single lane free flow link from M42 Junction 6 Northbound to Airport Way.

Work No. 30 – as shown on Sheet No. 5 of the works plans and being the construction of the new East Way Roundabout, such works to include—

• (a) the removal of the existing East Way Roundabout and its associated connection from the M42 Southbound Diverge; and

• (b) the construction of a new East Way Roundabout on embankment to accommodate the new southbound diverge arrangement (Work No. 28). Works to include the realignment of, and associated tie in works for, each spur of the East Way carriageway and the private means of access to land south of East Way. East Way Roundabout to be relocated 115 metres north west of the existing East Way Roundabout and 80 metres to the east of the existing East Way Overbridge.

Work No. 31 – as shown on Sheet No. 5 of the works plans and being the alteration of Middle Bickenhill single lane one way egress to a single lane two way access and egress arrangement to maintain connectivity to Middle Bickenhill.

Work No. 32 – as shown on Sheet No. 2 of the works plans and being the installation of drainage attenuation and treatment systems to the south east of the new Junction 5A (Work No. 6) to accommodate the undertaker’s assets. Works to include the removal of an existing underground storage tank, the installation of a new underground storage tank with filter media, a pump station, swales and a reed bed system to provide attenuation and treatment. A new access track will be constructed off Solihull Road to the east of the existing properties to enable access to the proposed attenuation and treatment facilities for maintenance purposes between points 2/1 and 2/2 on Sheet 2 of the Streets, Rights of Way and Access Plans.

Work No. 33 – as shown on Sheet No. 2 of the works plans and being the installation of drainage attenuation and treatment systems to the north west of the new Junction 5A (Work No. 6) to accommodate the undertaker’s assets. Works to include the installation of an underground storage tank, pump station, reed bed and swale to provide attenuation and treatment. Access for maintenance to be constructed off the Public Right of Way M123 by 385 metres between points 2/7 and 2/3 as shown on Sheet 2 of the Streets, Rights of Way and Access Plans.

Work No. 34 – as shown on Sheet No. 2 of the works plans and being the installation of an attenuation system adjacent to Barber’s Coppice Roundabout (Work No. 12) to accommodate Solihull Metropolitan Borough Council assets. Works to include the installation of an underground storage tank to provide attenuation and treatment and maintenance layby.

Work No. 35 – as shown on Sheet No. 3 of the works plans and being the installation of drainage attenuation and treatment systems south of Clock Interchange and adjacent to Catherine-de-Barnes North Overbridge to accommodate Solihull Metropolitan Borough Council assets. Works to include the installation of an underground storage tank and swales to provide attenuation and treatment. Access for maintenance to be provided off the T-junction of St Peters Lane and the realigned Catherine-de-Barnes Lane (Work No. 16).

Work No. 36 – as shown on Sheet No. 4 of the works plans and being the installation of drainage attenuation and treatment systems to the South West of Clock Interchange (Work No. 20) to accommodate the undertaker’s assets. Works to include the installation of an underground storage tank with filter media, pump station and swales to provide attenuation and treatment.

Work No. 37 – as shown on Sheet No. 5 of the works plans and being the installation of drainage attenuation and treatment systems to the North East of Junction 6 to accommodate the undertaker’s assets. Works to include the installation of a reed bed and swales to provide attenuation and treatment. Access for maintenance to be provided to the east of the proposed East Way Roundabout (Work No. 30(b)).

Work No. 38 – as shown on Sheet No. 2 of the works plans and being the construction of an accommodation bridge (30 metres in length) across the new mainline link road for the redirected public right of way (Work No.46).

Work No. 39 – as shown on Sheet No. 4 of the works plans and being the construction of a Pedestrian Overbridge (60 metres in length) across the A45.

Work No. 40 – as shown on Sheet No. 4 of the works plans and being the construction of a pedestrian underpass (20 metres in length) and an associated footway/cycleway ramp (230 metres in length in total) to the east of the pedestrian underpass, to maintain connectivity on the Airport Way connector road.

Work No. 41 – as shown on Sheet No. 2 of the works plans and being the construction of a pedestrian footpath (440 metres in length) commencing at Barber’s Coppice Roundabout (Work No. 12) and connecting to Public Rights of Way M122 and M123, 75 metres east of the proposed Accommodation Bridge (Work No. 38).

Work No. 42 – as shown on Sheet No. 2 of the works plans and being the construction of a pedestrian footpath (50 metres in length) on the west of Barber’s Coppice Roundabout (Work No. 12) in order to connect the pedestrian footpath at Work No. 41 with the existing Catherine-de-Barnes footway adjacent to Birmingham Dogs Home.

Work No. 43 – as shown on Sheet No. 3 of the works plans and being the construction of a new footway/cycleway (790 metres in length) on the northbound carriageway of the realigned B4438 Catherine-de-Barnes Lane (Work No.13).

Work No. 44 – as shown on Sheet No. 4 of the work plans and being the construction of a footway/cycleway (350 metres in length) to provide a connection between the existing footway/cycleway at Clock Lane and Catherine-de-Barnes Lane and the proposed Pedestrian Underpass (Work No. 40) and Airport Way connector road (Work No.19).

Work No. 45 – as shown on Sheet No. 4 of the works plans and being the construction of a footway/cycleway (400 metres in length) adjacent to the proposed A45 Westbound carriageway free flow link road (Work No. 21) and connecting to the footway/cycleway routes at the Pedestrian Underpass (Work No. 40) and the Airport Way connector road (Work No. 19).

Work No. 46 – as shown on Sheet No. 2 of the works plans and being works to stop up the existing section of Public Right of Way M123 (120 metres in length) and redirected across the proposed Accommodation Bridge (Work No. 38).

Work No. 47 – as shown on Sheet No. 2 of the works plans and being works to stop up the existing section of Public Right of Way M122 (370 metres in length). East to west connectivity to be maintained via proposed footway to Barber’s Coppice Roundabout (Work No. 41).

Work No. 48 – as shown on Sheet No. 3 of the works plans and being works to stop up the existing section of Public Right of Way M113 (130 metres in length). Public Right of Way M113 to be reconnected to the realigned B4438 Catherine-de-Barnes Lane (Work No. 13) via the new Private Means of Access to the west of the new mainline link road (Work No. 54(b)).

Work No. 49 – as shown on Sheet No. 3 of the works plans and being works to stop up the existing Public Right of Way M113a (390 metres in length). Access to the B4438 Catherine-de-Barnes Lane to be maintained via Public Right of Way M113 and the new Private Means of Access to the west of the new mainline link road (Work No. 54(b)).

Work No. 50 – as shown on Sheet No. 3 of the works plans and being works to stop up the existing section of Public Right of Way M112 (190 metres in length). Public Right of Way M112 to be reconnected to the realigned Catherine-de-Barnes Lane (Work No. 16) via the new Private Means of Access to the west of the new mainline link road (Work No. 54(b)).

Work No. 51 – as shown on Sheet No. 3 of the works plans and being works to stop up the existing section of Public Right of Way M109 (100 metres in length). Public Right of Way M109 to be reconnected to the realigned Catherine-de-Barnes Lane (Work No. 16) via the new Private Means of Access to the west of the new mainline link road (Work No. 54(b)).

Work No. 52 – as shown on Sheet No. 3 of the works plans and being works to stop up the existing footway/cycleway situated on Catherine-de-Barnes Lane (560 metres in length).

Work No. 53 – as shown on Sheet No. 4 of the works plans and being works to realign the existing Public Right of Way M106 (386 metres in length) due to the construction of the new mainline link road (Work No. 7) and to connect to the existing Airport Way connector road (Work No. 19).

Work No. 54 – as shown on Sheet Nos. 2 and 3 of the works plans and being the construction of—

• (a) Private Means of Access to the property known as Four Winds and any associated tie in works; and

• (b) a new Private Means of Access and Public Right of Way running to the west of the new mainline link road (Work No. 7) to provide access to the Warwickshire Gaelic Athletic Association facilities (Work No. 68) and adjacent land. The Private Means of Access will be split at a point just north of the existing Warwickshire Gaelic Athletic Association facilities. The Public Right of Way will be continuous in order to mitigate any severance of Public Rights of Way M109, M112 and M113.

Work No. 55 – as shown on Sheet No. 2 of the works plans and being the diversion of a local high pressure gas main due to the construction of the slip roads to the new Junction 5A of the M42 (Works Nos. 4 and 5).

Work No. 56 – as shown on Sheet Nos. 2 and 3 of the works plans and being the diversion of a local high pressure gas main (885 metres in length) due to the construction of the new mainline link road (Work No. 7) and on-slip from Barber’s Coppice Roundabout (Work No. 8).

Work No. 57 – as shown on Sheet Nos. 4 and 5 of the works plans and being the diversion of a local high pressure gas main due to the construction of the A45 Eastbound to M42 Northbound free flow link (Work No. 26).

Work No. 58 – as shown on Sheet Nos. 4 and 5 of the works plans and being the removal or relocation of a Gas Governor situated off the North West Quadrant of Junction 6 of the M42 due to the construction of the A45 Eastbound to M42 Northbound free flow link (Work No. 26).

Work No. 59 – as shown on Sheet No. 4 of the works plans and being the diversion of a medium pressure gas main due to the construction of the new free flow link road from the new mainline link road at Work No. 7 to the A45 Westbound carriageway (Work No. 21).

Work No. 60 – as shown on Sheet No. 4 of the works plans and being the diversion of a medium pressure gas main due to the construction of the A45 Pedestrian Overbridge and its associated ramps (Work No. 39).

Work No. 61 – as shown on Sheet No. 4 of the works plans and being the diversion of a medium pressure gas main due to the construction of the A45 Eastbound to M42 Northbound free flow link (Work No. 26).

Work No. 62 – as shown on Sheet No. 2 of the works plans and being the diversion of an aqueduct pipeline running east/west to the south of the A45 corridor, due to the construction of the new mainline link road (Work No. 7), the proposed pedestrian underpass (Work No. 40) and the new single lane plus hard-shoulder northbound diverge from the new mainline link road (Work No.10), connecting to the Airport Way connector road from the A45 Westbound to Airport Way (Work No.19.

Work No. 63 – as shown on Sheet No. 4 of the works plans and being the diversion of an aqueduct pipeline running east/west to the south of the A45 corridor, due to the construction of the new mainline link road (Work No. 7), the proposed pedestrian underpass (Work No. 40) and the new single lane plus hard-shoulder Northbound diverge from the new mainline link road (Work No. 10), connecting to the Airport Way connector road from the A45 Westbound to Airport Way (Work No. 19).

Work No. 64 – as shown on Sheet Nos. 4 and 5 of the works plans and being the diversion of 132kV overground electricity cables and associated infrastructure due to the construction of the proposed A45 Eastbound to M42 Northbound free flow link road (Work No.26).

Work No. 65 – as shown on Sheet No. 4 of the works plans and being the diversion of 132kV overground electricity cables and associated infrastructure due to the construction of the proposed A45 Eastbound to M42 Northbound free flow link road (Work No. 26).

Work No. 66 – as shown on Sheet No. 2 of the works plans and being the construction of a reinforced cover slab for the existing fuel line due to the realignment of the B4438 Catherine-de-Barnes Lane (Work No. 11).

Work No. 67 – as shown on Sheet No. 5 of the works plans and being works to extend the existing culvert for the Hollywell Brook running underneath the M42 corridor north of Junction 6 to be extended 8 metres to the west and 33 metres to the east respectively due to the works associated with the A45 Eastbound and the M42 Northbound free flow link road (Work No. 26) and the M42 Southbound to A45 Eastbound free flow link road (Work No.27) and the two lane diverge to the proposed East Way Roundabout (Work No. 28).

Work No. 68 – as shown on Sheet Nos. 2 and 3 of the works plans and being alterations to the existing Warwickshire Gaelic Athletic Association facilities known as Páirc na hÉireann, including the provision of reconfigured sports pitches.

Work No. 69 – as shown on Sheet Nos. 3 and 4 of the works plans and being the construction of a site compound situated on land to the south of the A45 corridor between Clock Interchange and the M42 Junction 6.

Work No. 70 – as shown on Sheet No. 2 of the works plans and being the construction of a temporary two lane single carriageway connecting Solihull Road to the new Junction 5A of the M42 (Work No. 6), to retain connectivity during demolition works to the existing Solihull Road Overbridge (Work No. 3).

Work No. 71 – as shown on Sheet No. 3 of the works plans and being the construction of a temporary two lane single carriageway to the east of the existing B4438 Catherine-de-Barnes Lane to retain connectivity during the construction of the realigned B4438 Catherine-de-Barnes Lane and associated structures (Work No. 13) including a temporary realignment of access to Shadowbrook Lane.

Work No. 72 – as shown on Sheet No. 3 of the works plans and being the construction of a temporary two lane single carriageway to the north of the proposed Catherine-de-Barnes North Overbridge (Work No. 16) to retain connectivity during the construction of the realigned Catherine-de-Barnes Lane and associated structures (Work No. 13).

Work No. 73 – as shown on Sheet Nos. 3 and 4 of the works plans and being the construction of a temporary two lane single carriageway to the east of the existing B4438 Catherine-de-Barnes Lane to enable the construction of the new mainline line road (Work No. 7) and maintain connectivity during the construction of the realigned Catherine-de-Barnes Lane and associated structures (Work No. 13).

Work No. 74 – as shown on Sheet No. 5 of the works plans and being the construction of a temporary realignment of the access to the National Exhibition Centre along South Way during the construction of the A45 Eastbound to M42 Northbound free flow link underpass (Work No. 26).

Work No.75 – as shown on Sheet No. 5 of the works plans and being the construction of a temporary realignment of the egress from the National Exhibition Centre on South Way during the construction of the A45 Eastbound to M42 Northbound free flow link underpass (Work No. 26).

Work No. 76 – as shown on Sheet No. 3 of the works plans and being the installation of a pumped system to mitigate for the loss of surface water catchment area to the Bickenhill Meadows SSSI – Shadowbrook Meadows unit. Works to feature collection drains and chambers, a pump station and a pressured pipeline to feed replacement water to an appropriate water feature in the vicinity of the SSSI.

For the purposes of or in connection with the construction of any of those works, further development within the Order limits which does not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement, consisting of—

• (a) alteration of the layout of any street permanently or temporarily, including but not limited to increasing or reducing the width of the carriageway of the street by increasing or 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, repair, maintenance, or reconstruction of any street;

• (c) ramps, steps, means of access, private means of access, non-motorised user routes or links, footpaths, footways, bridleways, equestrian tracks, cycle tracks, open to all traffic, restricted byways, laybys and crossing facilities;

• (d) embankments, cuttings, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, drainage works, drainage treatment areas, ponds, lagoons, outfalls, ditches, pollution control devices, pumping stations, wing walls, firefighting system water tanks and associated plant and equipment, highway lighting, fencing and culverts;

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

• (f) works to place, alter, divert, relocate, protect, remove or maintain the position of apparatus (including statutory undertakers’ apparatus), services, plant and other equipment in, under or above a street, or in other land, including mains, sewers, drains, pipes, lights, cables, cofferdams, fencing and other boundary treatments;

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

• (h) landscaping, re-grading, re-profiling, contouring, noise barriers, works associated with the provision of ecological and archaeological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

• (i) works comprising settlement monitoring and mitigation measures for the benefit or protection of, or in relation to, any land, building or structure, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

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

• (k) site preparation works, site clearance (including fencing and other boundary treatments, vegetation removal, demolition of existing structures and the creation of alternative highways or footpaths); earthworks (including soil stripping and storage and site levelling);

• (l) the felling of trees and hedgerows;

• (m) establishment of site construction compounds and working sites, temporary structures, storage areas (including storage of excavated material and other materials), temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, office facilities, other ancillary accommodation, construction lighting, haulage roads and other buildings, machinery, apparatus, processing plant, works and conveniences;

• (n) the provisions of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, street lighting, road restraints, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development; and

• (o) 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.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “Airport safeguarding zone” means land as shown on the safeguarding map issued for the purposes of the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) Direction 2002 and certified by the Civil Aviation Authority as the safeguarding map for Birmingham Airport;

• “Birmingham Airport” means the civil aerodrome authorised to operate under certificate reference UK: EGBB – 001;

• “Birmingham Airport Limited” means Company No. 02078273 of Diamond House, Birmingham Airport, Birmingham B26 3QJ;

• “CEMP” means the construction environmental management plan;

• “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990[^f00083];

• “Ecological Clerk of Works” has the meaning given in the OEMP;

• “HEMP” means the handover environmental management plan;

• “the Manual of Contract Documents for Highway Works” means the document of that name published electronically by the strategic highway authorities for England, Scotland, Wales and Northern Ireland, or any equivalent replacement published for that document;

• “OEMP” means the outline environmental management plan referred to in Schedule 13 (documents to be certified) certified by the Secretary of State as the outline environmental management plan for the purposes of this Order; and

• “REAC” means the register of environmental actions and commitments set out in section 3 of the OEMP.

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 so that it is compatible with the preliminary scheme design shown on the general arrangement plans, works plans and the engineering drawings and sections unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and local highway authority on matters related to their functions and provided that the Secretary of State is satisfied that any amendments to the general arrangement plans, works plans and the 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) The Secretary of State must not approve any amended details under sub-paragraph (1) that exceed the maximum vertical limits of deviation shown on the works plans and on the engineering drawings and sections within the Airport safeguarding zone, unless the Secretary of State, following consultation with Birmingham Airport Limited, is satisfied that a deviation in excess of those limits would not adversely affect the safety of aircraft taking off or landing at, or flying in the vicinity of, Birmingham Airport or result in significant operational limitations being imposed on Birmingham Airport.

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

Outline Environmental Management Plan

4

• (1) The authorised development must be carried out in accordance with the OEMP.

• (2) The undertaker must make the CEMP and the HEMP produced in accordance with the OEMP available in an electronic form suitable for inspection by members of the public.

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

• (a) reflect 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 any working hours set out in the REAC or, where no such hours are set, to working hours of 07:00–18:00 on Mondays to Fridays and 08:00–13:00 on Saturday except for—

• (i) night-time closures for bridge and gantry demolition and installation;

• (ii) night-time lifting operations;

• (iii) site clearance of vegetation adjacent to live carriageways;

• (iv) site clearance of signs, street furniture and lighting column adjacent to live carriageways;

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

• (vi) junction and highway tie-in works;

• (vii) installation of temporary and permanent line markings;

• (viii) installation of detector loops within the M42 carriageway;

• (ix) removal of overhead power lines;

• (x) overnight traffic management measures;

• (xi) any emergency works;

• (xii) work associated with the diversion of existing utilities;

• (xiii) works associated with traffic management and signal changes; and

• (xiv) as otherwise agreed by the local authority in advance;

• (d) include the following management plans—

• (i) Dust, Noise and Nuisance Management Plan;

• (ii) Site Waste Management Plan;

• (iii) Environmental Control Plan: Invasive Species;

• (iv) Environmental Control Plan: General Ecology;

• (v) Soil Management Plan;

• (vi) Surface Water Management Plan;

• (vii) Control Of Substances Hazardous to Health, Material, Waste Storage and Refuelling Plan;

• (viii) Energy and Resource Use Management Plan;

• (ix) Materials Management Plan;

• (x) Contaminated Land Management Plan;

• (xi) Archaeological Control Plan;

• (xii) Pollution Prevention Plan;

• (xiii) Bird Strike Management Plan;

• (xiv) Crane Management Plan;

• (xv) Biodiversity Management Plan; and

• (xvi) Compound Management Plan.

• (4) No part of the authorised development is to commence until a CEMP, substantially in accordance with the OEMP, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, Birmingham Airport Limited or Natural England to the extent that it relates to matters relevant to its function.

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

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

• (7) 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.

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

Landscaping

5

• (1) No part of the authorised development is to commence until a landscaping scheme applicable to that part has been submitted to and approved in writing by the Secretary of State, following consultation with—

• (a) the relevant planning authority on matters related to its functions; and

• (b) where that part of the authorised development is comprised in the Airport safeguarding zone, Birmingham Airport Limited on matters relevant to the safety of aircraft taking off or landing, or flying in the vicinity of, Birmingham Airport.

• (2) The landscaping scheme must reflect the mitigation measures set out in the REAC and must be based on the proposed landscape planting strategy (figure 8.3) and the illustrative environmental masterplan (figure 8.8) annexed to the environmental statement (application document TR010027/APP/6.1).

• (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.

• (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 the same species and size as that originally planted, 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 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 the relevant parts of the relevant works and report it immediately to the Ecological Clerk of Works (ECoW).

• (2) The relevant parts of the relevant works must not recommence until a written scheme of protection and mitigation measures (including their design and management) has been submitted to and approved in writing by the Secretary of State after consultation with Natural England.

• (3) The written scheme must provide for the implementation of appropriate measures to avoid harm to breeding birds and their nests under the supervision of the ECoW.

• (4) 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.

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 and drainage strategy report including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the relevant planning 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—

• (a) the relevant planning authority on matters related to its function; and

• (b) where the part of the authorised development to which the approved details relate is within the Airport safeguarding zone, Birmingham Airport Limited.

• (3) The Secretary of State may only agree to amendments to the approved details under sub-paragraph (2) if the Secretary of State is satisfied that—

• (a) the amendments would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement; or

• (b) in a case where Birmingham Airport Limited has been consulted under sub-paragraph (2)(b), the amendments would not adversely affect the safety of aircraft taking off or landing at, or flying in the vicinity of, Birmingham Airport.

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 potential archaeological interest 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).

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 relevant planning 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 or schemes approved under this Schedule, the approved details or schemes are taken to include any amendments that may subsequently be approved in writing by the Secretary of State.

Fencing

12

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.

Bickenhill Meadows SSSI

13

• (1) No part of the authorised development that affects Bickenhill Meadows SSSI is to commence until a detailed Bickenhill Meadows SSSI Monitoring Management Plan has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and Natural England on matters related to its function.

• (2) The detailed Bickenhill Meadows SSSI Monitoring Management Plan must set out—

• (a) the requirements for the overarching biological and hydrological monitoring programme,

• (b) details of the establishment and role of the SSSI Monitoring Steering Group, and

• (c) details of trigger points and action measures which must be taken in the event that the trigger points are met or exceeded.

• (3) Monitoring of Bickenhill Meadows SSSI must be carried out in accordance with the detailed Bickenhill Meadows SSSI Monitoring Management Plan.

• (4) Work No. 76 can only be carried out if it has been determined, in accordance with the Bickenhill Meadows SSSI Monitoring Management Plan, that the passive solution to mitigate the loss of surface water catchment area has failed.

Relocation of Work No. 35 underground storage tank and access

14

• (1) Notwithstanding the details shown on any Certified Plan listed in Schedule 13 of this Order, no part of the realignment of Catherine-de-Barnes Lane is to commence until an amended scheme for the underground storage tank and associated access (Work No.35) is 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 occupiers of those properties affected by the change.

• (2) Unless otherwise agreed in writing by the Secretary of State, the amended scheme must provide for the relocation of the underground storage tank and access from the northern to the southern side of St Peter’s Lane.

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

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

15

• (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 16 (further information); 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 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,

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

Further information

16

• (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 15 (applications made under requirements) and in this paragraph.

• (4) In this paragraph, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971.

Register of requirements

17

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

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

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

Anticipatory steps towards compliance with any requirement

18

If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

(1) Authority	(2) Street subject to street works
Solihull Metropolitan Borough Council	A45 Coventry Road (Eastbound)
Solihull Metropolitan Borough Council	A45 Coventry Road (Westbound)
Solihull Metropolitan Borough Council	B4102 Solihull Road
Solihull Metropolitan Borough Council	B4438 Catherine-de-Barnes Lane
Solihull Metropolitan Borough Council	Friday Lane
Solihull Metropolitan Borough Council	B4102 Hampton Lane
Solihull Metropolitan Borough Council	Unnamed Road (Access for Four Winds/Birmingham Dogs Home/Solihull Music School)
Solihull Metropolitan Borough Council	Shadowbrook Lane
Solihull Metropolitan Borough Council	St Peters Lane
Solihull Metropolitan Borough Council	Clock Lane
Solihull Metropolitan Borough Council	Clock Interchange
Solihull Metropolitan Borough Council	B4438 Bickenhill Lane
Solihull Metropolitan Borough Council	Airport Way connector road
Solihull Metropolitan Borough Council	Unnamed Road (A45 Eastbound to Bickenhill Lane free flow link)
Solihull Metropolitan Borough Council	Entrance to Arden Hotel off the A45 Eastbound
Solihull Metropolitan Borough Council	M42 Junction 6 Interchange / Bickenhill Interchange
Solihull Metropolitan Borough Council	East Way
Solihull Metropolitan Borough Council	South Way
Solihull Metropolitan Borough Council	Middle Bickenhill Lane
Solihull Metropolitan Borough Council	Proposed new M42 Junction 5A Northbound off slip
Solihull Metropolitan Borough Council	Proposed new M42 Junction 5A Southbound on slip
Solihull Metropolitan Borough Council	Proposed new Junction 5A eastern roundabout
Solihull Metropolitan Borough Council	Proposed new Junction 5A Overbridge
Solihull Metropolitan Borough Council	Proposed new Junction 5A western roundabout
Solihull Metropolitan Borough Council	Proposed new Mainline Link Road
Solihull Metropolitan Borough Council	Realigned B4438 Catherine-de-Barnes Lane
Solihull Metropolitan Borough Council	Realigned Catherine-de-Barnes Lane
Solihull Metropolitan Borough Council	Proposed new Barber’s Coppice roundabout
Solihull Metropolitan Borough Council	Proposed on slip to Mainline Link Road from Barber’s Coppice Roundabout
Solihull Metropolitan Borough Council	Proposed new Bickenhill roundabout
Solihull Metropolitan Borough Council	Proposed off slip from Mainline Link Road to Bickenhill roundabout
Solihull Metropolitan Borough Council	Proposed new road from Mainline Link Road to Airport Way connector road
Solihull Metropolitan Borough Council	Proposed new free flow link from Mainline Link Road to A45 Westbound
Solihull Metropolitan Borough Council	Proposed new free flow link from A45 Eastbound to M42 Northbound
Solihull Metropolitan Borough Council	Proposed new free flow link from M42 Southbound to A45 Eastbound
Solihull Metropolitan Borough Council	Proposed new off slip from M42 Southbound to new East Way roundabout
Solihull Metropolitan Borough Council	Proposed new East Way roundabout
Solihull Metropolitan Borough Council	Proposed new local access road from Barber’s Coppice roundabout

SCHEDULE 4 — CLASSIFICATION OF ROADS, ETC.

PART 1 — SPECIAL ROADS

(1) Road	(2) Extent
M42 Northbound	Between point 1/1 on Sheet 1 and point 7/1 on Sheet 7 of the classification of road plans.
M42 Southbound	Between point 7/2 on Sheet 7 and point 1/2 on Sheet 1 of the classification of road plans.
M42 Northbound off slip Junction 5A	Between points 2/1 and 2/6 on Sheet 2 of the classification of road plans.
M42 Southbound on slip Junction 5A	Between points 2/4 and 2/2 on Sheet 2 of the classification of road plans.
M42 Northbound off slip Junction 6	Between point 3/15 on Sheet 3 and point 5/2 on Sheet 5 of the classification of road plans.
M42 Northbound on slip Junction 6	Between points 5/19 and 5/21 on Sheet 5 of the classification of road plans.
M42 Southbound on slip Junction 6	Between point 5/3 on Sheet 5 and point 3/14 on Sheet 3 of the classification of road plans.
M42 Southbound off slip Junction 6	Between point 6/2 on Sheet 6 and point 5/14 on Sheet 5 of the classification of road plans.
A45 Eastbound to M42 Northbound Free Flow Link	Between point 5/1 on Sheet 5 and point 6/3 on Sheet 6 on the classification of road plans.
M42 Southbound off slip to proposed East Way Roundabout	Between point 6/1 on Sheet 6 and point 5/20 on Sheet 5 of the classification of road plans.
M42 Southbound off slip to A45 Eastbound on slip	Between points 5/15 and 5/13 on Sheet 5 of the classification of road plans.

PART 2 — TRUNK ROADS

(1) Road	(2) Extent
New Southern Junction 5A East Roundabout	Entire circulatory carriageway at point 2/8 on Sheet 2 of the classification of road plans.
New Southern Junction 5A West Roundabout	Entire circulatory carriageway at point 2/10 on Sheet 2 of the classification of road plans.
New Southern Junction 5A Overbridge	Overbridge at point 2/9 on Sheet 2 of the classification of road plans, providing a connection between points 2/8 and 2/10 on Sheet 2 of the classification of road plans.
New mainline link road Northbound	Between point 2/7 on Sheet 2 and point 4/2 on Sheet 4 of the classification of road plans.
New mainline link road Southbound	Between point 4/3 on Sheet 4 and point 2/11 on Sheet 2 of the classification of road plans.
New mainline link road Northbound on slip off Barber’s Coppice Roundabout	Between point 2/12 on Sheet 2 and point 3/1 on Sheet 3 of the classification of road plans.
New mainline link road Southbound off slip to Bickenhill Roundabout	Between points 3/10 and 3/8 on Sheet 3 of the classification of road plans.
New mainline link road Northbound off slip to Airport Way connector road	Between point 3/13 on Sheet 3 and point 4/26 on Sheet 4 of the classification of road plans.
M42 Junction 6 Interchange	Entire circulatory carriageway at point 5/4 on Sheet 5 of the classification of road plans.
A45 Eastbound	Between points 5/12 and 5/9 on Sheet 5 of the classification of road plans.
A45 Westbound	Between points 5/8 and 5/6 on Sheet 5 of the classification of road plans.
A45 Westbound off slip M42 Junction 6	Between points 5/7 and 5/5 on Sheet 5 of the classification of road plans.
A45 Eastbound on slip M42 Junction 6	Between points 5/23 and 5/24 on Sheet 5 of the classification of road plans.
Coventry Road	Between points 5/25 and 5/5 on Sheet 5 of the classification of road plans.

PART 3 — CLASSIFIED ROADS

(1) Road	(2) Extent
B4102 Solihull Road	Between points 2/3 and 2/5 on Sheet 2 of the classification of road plans.
Barber’s Coppice Roundabout	Entire roundabout at point 2/14 on Sheet 2 of the classification of road plans.
B4438 Catherine-de-Barnes Lane	Between points 2/15 and 2/13 on Sheet 2 of the classification of road plans.
B4438 Catherine-de-Barnes Lane	Between point 2/16 on Sheet 2 and point 3/4 on Sheet 3 of the classification of road plans.
Bickenhill Roundabout	Entire roundabout at point 3/9 on Sheet 3 of the classification of road plans.
Clock Interchange	Entire interchange at point 4/8 on Sheet 4 of the classification of road plans.
A45 Westbound	Between point 5/6 on Sheet 5 and point 4/24 on Sheet 4 of the classification of road plans.
B4102 Solihull Road	Between points 2/17 and 2/18 on Sheet 2 of the classification of road plans.
Friday Lane	Between points 2/24 and 2/25 on Sheet 2 of the classification of road plans.
B4102 Hampton Lane	Between points 2/23 and 2/22 on Sheet 2 of the classification of road plans.
B4438 Catherine-de-Barnes Lane	Between points 2/21 and 2/20 on Sheet 2 of the classification of road plans.
Catherine-de-Barnes Roundabout	Entire roundabout at point 2/19 on Sheet 2 of the classification of road plans.
Bickenhill Lane Roundabout	Entire roundabout at point 4/12 on Sheet 4 of the classification of road plans.
Bickenhill Lane Southbound	Between points 4/11 and 4/10 on Sheet 4 of the classification of road plans.
Bickenhill Lane Northbound	Between points 4/15 and 4/13 on Sheet 4 of the classification of road plans.
A45 Eastbound	Between point 4/22 on Sheet 4 and point 5/12 on Sheet 5 of the classification of road plans.
New mainline link road Northbound off slip to A45 Westbound Free Flow Link	Between points 4/1 and 4/23 on Sheet 4 of the classification of road plans.
A45 Westbound on slip	Between points 4/2 and 4/25 on Sheet 4 of the classification of road plans.
A45 Westbound off slip	Between points 4/5 and 4/6 on Sheet 4 of the classification of road plans.
A45 Eastbound on slip	Between points 4/9 and 4/7 on Sheet 4 of the classification of road plans.
A45 Eastbound off slip	Between points 4/18 and 4/16 on Sheet 4 of the classification of road plans.
A45 Eastbound free flow link to Bickenhill Lane	Between points 4/17 and 4/14 on Sheet 4 of the classification of road plans.
A45 Eastbound off slip	Between point 4/28 on Sheet 4 and point 5/22 on Sheet 5 of the classification of road plans
A45 Westbound on slip	Between point 5/2 on Sheet 4 and point 4/29 on Sheet 5 of the classification of road plans.

PART 4 — UNCLASSIFIED ROADS

(1) Road	(2) Extent
Shadowbrook Lane	Between points 3/2 and 3/3 on Sheet 3 of the classification of road plans.
St Peters Lane (South)	Between points 3/6 and 3/5 on Sheet 3 of the classification of road plans.
St Peters Lane (North)	Between points 3/11 and 3/16 on Sheet 3 of the classification of road plans.
Catherine-de-Barnes Lane	Between point 3/16 on Sheet 3 and point 4/27 on Sheet 4 of the classification of road plans.
A45 Westbound off slip	Between points 4/4 and 4/21 on Sheet 4 of the classification of road plans.
A45 Eastbound on slip	Between points 4/20 and 4/19 on Sheet 4 of the classification of road plans.
Middle Bickenhill Lane	Between points 5/10 and 5/11 on Sheet 5 of the classification of road plans.
East Way	Between points 5/16 and 5/17 on Sheet 5 of the classification of road plans.
Access to Birmingham Dog’s Home, Four Winds and Solihull Music School off Barber’s Coppice Roundabout	Between points 2/27 and 2/28 on Sheet 2 of the classification of road plans.
East Way Roundabout	Entire roundabout at point 5/18 shown on Sheet 5 of the classification of road plans.
Catherine-de-Barnes Lane	Between points 3/7 and 3/12 on Sheet 3 of the classification of road plans.
Access off B4102 Solihull road	At point 2/29 on Sheet 3 of the classification of road plans for access to two residential properties known as Woodside and Mayfield.

PART 5 — SPEED LIMITS