The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

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

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

Operational land for purposes of the 1990 Act

40

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

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• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (d), (fb), (g) or (ga) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

• (a) 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 ; or

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

• (c) is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

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

Protective provisions

42

Schedule 8 (protective provisions) has effect.

Certification of plans etc.

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• (1) The undertaker must, as soon as practicable after the making of this Order, and no later than ten working days from the date of the making of this Order, submit to the Secretary of State for certification that they are true copies of the plans and documents referred to in this Order copies of—

• (a) each of the plans and documents set out in Schedule 9 (documents to be certified); and

• (b) any other plans or documents referred to in this Order requiring certification.

• (2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

• (3) The undertaker must make copies of the certified plans available in electronic form to the public no later than 14 days after certification under paragraph (1) until no earlier than one year after the completion of all of the works.

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 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

• (a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

• (b) in any other case, the last known address of that person at the time of service.

• (4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

• (a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

• (b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

• (5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

• (a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

• (b) the notice or document is capable of being accessed by the recipient;

• (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 and in any event within 10 working days of such a notification being received by the sender.

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

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

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

• (b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

• (9) This article does not exclude the employment of any method of service not expressly provided for by it.

• (10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

45

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

46

• (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) Before any such remains are removed from the specified land the undertaker must consult South Somerset District Council on the intended removal, following which 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 for a minimum of 28 days.

• (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 South Somerset District Council.

• (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 is to 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 is to 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 are to be re-interred in individual containers which are to 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 of 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 is to 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) is to be sent by the undertaker to South Somerset District Council.

• (12) 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 for Justice.

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

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

Crown rights

47

• (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 use, enter upon or in any manner interfere with any land or rights of any description—

• (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 not 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.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of Somerset County Council and South Somerset District Council

The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act[^f00069], comprising—

Work No. 1 – Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of the A303 eastbound totalling 5590 metres in length, between point E 300 metres east of Higher Farm Lane Overbridge and point F 550 metres west of the Sparkford Railway Bridge. To include the construction of a new compact junction at Downhead to connect the A303 to the ‘Downhead Junction Link’ (Work No.18).

Work No. 2 –Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of the A303 westbound totalling 5606 metres in length, between point E 300 metres east of the Higher Farm Lane Overbridge and point F 550 metres west of the Sparkford Railway Bridge. To include the construction of a new compact junction at Camel Cross to connect the A303 to the ‘Camel Cross Link’ (Work No.15).

Work No. 3 –The construction of a new multi-purpose ‘Track 1’, shown on sheet 1 of the works plans between points DA and DB. To include access to land to the north of the new A303.

Work No. 4 –The construction of a new multi-purpose ‘Track 3’, shown on sheet 1 of the works plans between points DQ and DV. To include accesses to land to the north of the new A303.

Work No. 5 –Works associated with the closure of the existing slip road from the A303, shown on sheet 1 of the works plans between points G and H.

Work No. 6 –The construction of ‘Pond 1’, shown on sheet 1 of the works plans. To include the construction of associated outfall works.

Work No. 7 –The construction of ‘Pond 2’, shown on sheet 1 of the works plans. To include the construction of associated outfall works.

Work No. 8 – The installation of new telecommunications cable and sub duct within existing duct, shown on sheet 1 of the works plans between points KR and JC.

Work No. 9 – The decommissioning of 75 metres of electrical cable, shown on sheet 1 of the works plans between points JA and JB.

Work No. 11 –The construction of new multi-purpose ‘Track 2’, shown on sheets 1 and 2 of the works plans between points DC and DD. To include accesses to land to the north of the new A303.

Work No. 12 –The construction of new multi-purpose ‘Track 4’, shown on sheet 2 of the works plans between points DE and DF.

Work No. 13 – The diversion of 1370 metres of telecommunications apparatus, shown on sheets 1 and 2 of the works plans between points JC and JF.

Work No. 14 – The construction of new access ‘Track 9’, shown on sheets 1 and 2 of the works plans between points DG and DH. To include accesses to land to the south of the new A303.

Work No. 15 –The construction of ‘Camel Cross link’, shown on sheet 2 of the works plans between points U and T.

Work No. 16 –The construction of ‘B3151 link’, shown on sheet 2 of the works plans between points V and W. To include access to properties known as ‘Hawk House’ and ‘The Bungalow’ at Camel Cross.

Work No. 17 –The construction of ‘Downhead Lane’, shown on sheet 2 of the works plans between points X and Y. To include—

• (a) access to the property known as ‘The Spinney’.

• (b) access to land to the north of the A303.

Work No. 18 –The construction of ‘Downhead Junction Link’, shown on sheet 2 of the works plans between points AA and Z.

Work No. 19 –The construction of ‘Howell Hill Link (West)’, shown on sheet 2 of the works plans between points AP and AQ.

Work No. 20 –The construction of ‘Steart Hill Link to Old A303’, shown on sheet 2 of the works plans between points AR and AS.

Work No. 21 –The construction of ‘Steart Hill Overbridge’, shown on sheet 2 of the works plans between points BA and BB.

Work No. 22 –The construction of ‘Bund 1’, shown on sheet 2 of the works plans between points CA and CB.

Work No. 23 -The construction of ‘Bund 2’, shown on sheet 2 of the works plans between points CC and CD.

Work No. 24 –The construction of new maintenance access ‘Track 5’, shown on sheet 2 of the works plans between points DI and DJ.

Work No. 25 –Works associated with the retention of the former A303 (Camel Cross to Steart Hill), shown on sheet 2 of the works plans between points W and AR. To include—

• (a) carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

• (b) removal of redundant traffic signs.

• (c) modification of road markings.

• (d) reprofiling of the carriageway surface.

• (e) reprofiling of the adjacent existing footway.

Work No. 26 –Works associated with the retention of the former A303 (West of Howell Hill), shown on sheet 2 of the works plans between points AQ and AF. To include—

• (a) carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

• (b) removal of redundant traffic signs.

• (c) modification of road markings.

• (d) reprofiling of the carriageway surface.

• (e) reprofiling of the adjacent existing footway.

Work No. 27 –Works associated with the closure of local road at Downhead, shown on sheet 2 of the works plans between points EJ and EK. To include the construction of Downhead Turning Head.

Work No. 28 –The construction of ‘pond 3’, shown on sheet 2 of the works plans. To include the construction of associated outfall works.

Work No. 29 -The construction of ‘pond 4’, shown on sheet 2 of the works plans. To include the construction of associated outfall works.

Work No. 30 –The construction of ‘Steart Hill Roundabout’, shown on sheet 2 of the works plans.

Work No. 31 – The installation of new telecommunications cable and sub duct in existing ducting, shown on sheet 2 of the works plans between points JF and JQ.

Work No. 32 –The diversion of 500 metres of water distribution apparatus, shown on sheet 2 of the works plans between points JD and JJ.

Work No. 33 – The diversion of 295 metres of telecommunications apparatus, shown on sheet 2 of the works plans between points JE and JH.

Work No. 34 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 2 of the works plans between points JT and JU.

Work No. 35 –Shown on sheet 2 of the works plans, the diversion of 170 metres of SSE low voltage cable electrical between points JL and JK.

Work No. 36 – The diversion of 430 metres of telecommunications apparatus, shown on sheet 2 of the works plans between points JQ and JT.

Work No. 37 – The diversion of 50 metres of electrical apparatus, shown on sheet 2 of the works plans between points KN and KO.

Work No. 38 – The diversion of 500 metres of electrical apparatus, shown on sheet 2 of the works plans between points JG and JI.

Work No.38a –The decommissioning of 275 metres of electrical cable, shown on sheet 2 of the works plans between points JI and JW.

Work No. 41 – The construction of ‘Steart Hill Link’, shown on sheets 2 and 3 of the works plans between points AB and AC. To include access to land to the north of the A303.

Work No. 42 – The construction of ‘Howell Hill Link (East)’, shown on sheets 2 and 3 of the works plans between points AF and AG. To include access to the properties known as ‘Hill View’, ‘Crusty Cottage’, ‘Lamorna’ and ‘West Camel Methodist Church’ near Canegore Corner.

Work No. 43 – The diversion of 1210 metres of telecommunications apparatus, shown on sheets 2 and 3 of the works plans between points JP, JO, JN and JM, and JP, JO and KA.

Work No. 44 – The diversion of 1470 metres of water supply apparatus, shown on sheets 2 and 3 of the works plans between points JM, JO, JP and JS, between points JP to JR and between points JO to KA.

Work No. 45 – The diversion of 560 metres of telecommunications apparatus, shown on sheets 2 and 3 of the works plans between points JU and JX, and JU and JY.

Work No. 46 – The diversion of 250 metres of water distribution apparatus, shown on sheets 2 and 3 of the works plans between points JU and JX.

Work No. 47 - The diversion of 340 metres of telecommunications apparatus, shown on sheets 2 and 3 of the works plans between points JU and JY.

Work No. 48 – The diversion of 380 metres of electrical apparatus, shown on sheets 2 and 3 of the works plans between points JV and JW, and JV and KP.

Work No. 49 – The construction of a temporary southern earthworks haul route, shown on sheets 2 and 3 of the works plans between points LA and LB.

Work No. 50 –The construction of ‘Hazlegrove Junction Eastbound Off-Slip’, shown on sheet 3 of the works plans between points M and N.

Work No. 51 –The construction of ‘Steart Hill (North)’, shown on sheet 3 of the works plans between points AD and AE.

Work No. 52 –The construction of ‘Steart Hill (South)’, shown on sheet 3 of the works plans between points AH and AI. To include access to the property known as ‘Bromar’ at Conegore Corner.

Work No. 53 –The construction of ‘Vale Farm Link’, shown on sheet 3 of the works plans between points AL and AM. To include—

• (a) access to the property known as ‘Pepper Hill Cottage’.

• (b) access to land to the north of the new A303.

Work No. 54 –The construction of ‘Hazlegrove Junction Underbridge’, shown on sheet 4 of the works plans between points BC and BD.

Work No. 55 –The construction of ‘Bund 3’, shown on sheet 3 of the works plans between points CE and CF.

Work No. 56 -The construction of ‘Bund 4’, shown on sheet 3 of the works plans between points CG and CH.

Work No. 57 –The construction of new multi-purpose ‘Track 6’, shown on sheet 3 of the works plans between points DK and DL. To include access to land to the south of the new A303.

Work No. 58 –The construction of new multi-purpose ‘Track 7’, shown on sheet 3 of the works plans between points DM and DN. To include access to land to the south of the new A303.

Work No. 59 –Work number not used.

Work No. 60 –Works associated with the retention of the former A303 (East of Steart Hill), shown on sheet 3 of the works plans between points AI and EA. To include—

• (a) carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

• (b) removal of redundant traffic signs.

• (c) modification of road markings.

• (d) reprofiling of the carriageway surface.

Work No. 61 –Works associated with the closure of former A303, shown on sheet 3 of the works plans between points EA and EE. To include construction of Camel Hill Quarry Turning Head.

Work No. 62 -Works associated with the closure of Traits Lane shown on sheet 3 of the works plans between points DN and EF. To include construction of Traits Lane Turning Head.

Work No. 63 –Works associated with the closure of Gason Lane shown on sheet 3 of the works plans between points EG and EH. To include the construction of Gason Lane turning head.

Work No. 64 –Works associated with the closure of the former A303 on sheet 3 of the works plans between points EI and EB. To include the construction of Camel Hill Services Turning Head.

Work No. 65 –The construction of Camel Hill Roundabout, shown on sheet 3 of the works plans.

Work No. 66 –Works to local road at Camel Hill, shown on sheet 3 of the works plans between points AL and FA. To include—

• (a) verge reinforcement.

• (b) remedial work to carriageway surfacing.

Work No. 67 –Works to access from local road at Camel Hill, shown on sheet 3 of the works plans between points FA, FB and FC.

Work No. 68 –Works to the existing ‘Steart Hill’, shown on sheet 3 of the works plans between points AE and AH. To include—

• (a) installation of surface water drainage.

• (b) utilities diversions.

Work No. 69 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 3 of the works plans between points JY and KW and then between KX and KD.

Work No. 70 – The diversion of 65 metres of electrical apparatus, shown on sheet 3 of the works plans between points JY and JZ.

Work No. 71 – The diversion of 800 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points KB and KC.

Work No. 72 – The diversion of 920 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points KD and KM.

Work No. 73 – The diversion of 40 metres of electrical apparatus, shown on sheet 3 of the works plans between points KG and KJ.

Work No. 74 – The diversion of 320 metres of public sewer, shown on sheet 3 of the works plans between points JX and KP.

Work No. 75 – The diversion of 215 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points JY and KQ.

Work No. 76 – The diversion of 260 metres of electrical apparatus, shown on sheet 3 of the works plans between points KE and KF.

Work No. 77 – The diversion of 50 metres of water distribution apparatus, shown on sheet 3 of the works plans between points KH and KI.

Work No. 78 – The diversion of 40 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points KJ and KK.

Work No. 79 – The diversion of 275 metres of electrical apparatus, shown on sheet 3 of the works plans between points KJ and KL.

Work No. 80 – The construction of a temporary northern earthworks haul route, shown on sheet 3 of the works plans between points LC and LD.

Work No. 81 –The construction of ‘Camel Hill Link’, shown on sheets 3 and 4 of the works plans between points AJ and AK.

Work No. 82 -The construction of ‘Bund 5’, shown on sheets 3 and 4 of the works plans between points CI and CJ.

Work No. 83 –Works associated with the retention of the former A303 (West of Hazlegrove Roundabout), shown on sheets 3 and 4 of the works plans between points EB and AN. To include—

• (a) carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

• (b) removal of redundant traffic signs.

• (c) modification of road markings.

• (d) reprofiling of the carriageway surface.

Work No. 84 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheets 3 and 4 of the works plans between points KM and KS.

Work No. 85 –The construction of ‘Hazlegrove Junction Eastbound On-Slip’, shown on sheet 4 of the works plans between points AT and O.

Work No. 86 –The construction of ‘Hazlegrove Junction Westbound On-Slip’, shown on sheet 4 of the works plans between points P and Q.

Work No. 87 –The construction of ‘Hazlegrove Junction Westbound Off-Slip’, shown on sheet 4 of the works plans between points R and S.

Work No. 88 –The construction of ‘Ridge Copse Link’, shown on sheet 4 of the works plans between points AN and AO.

Work No. 89 -The construction of ‘Bund 6’, shown on sheet 4 of the works plans between points CK and CL.

Work No. 90 -The construction of ‘Bund 7’, shown on sheet 4 of the works plans between points CM and CN.

Work No. 91 -The construction of new maintenance access ‘Track 8’, shown on sheet 4 of the works plans between points DO and DP.

Work No. 92 –The construction of ‘Hazlegrove School Access’, shown on sheet 4 of the works plans between points DT and DU.

Work No. 93 –Works to the existing Hazlegrove Roundabout, shown on sheet 4 of the works plans. To include—

• (a) removal of redundant traffic signs.

• (b) modification of road markings.

• (c) modification of splitter islands to accommodate public right of way.

• (d) provision of a right of way facility around the southern and western perimeter of the roundabout.

Work No. 94 -The construction of ‘Pond 5’, shown on sheet 4 of the works plans. To include the construction of associated outfall works.

Work No. 95 –Works to the existing ‘Pond 6’, shown on sheet 4 of the works plans. To include—

• (a) the construction of associated outfall works.

• (b) removal of existing vegetation from within the existing pond

Work No. 96 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 4 of the works plans between points KU and KV.

Work No. 97 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 4 of the works plans between points KT and KU.

Work No. 98 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 4 of the works plans between points KS and KT.

Work No. 100 – The retention of a section of broadleaved woodland, shown on sheet 4 of the works plans.

Work No. 101 – The retention of a section of broadleaved woodland, shown on sheet 4 of the works plans.

Work No. 102 –The installation of new signage around Hazlegrove Roundabout to reflect new road layout.

Work No. 103 –The installation of a new sign in the A303 Westbound verge.

Work No. 105 – The construction of new multi-purpose ‘Track 10’, shown on sheet 3 of the works plans between points EL and EM.

Works comprising associated development within the meaning of section 115(2) of the 2008 Act comprising—

Work No. 10 – Ecological mitigation area for Greats Crested Newts, shown on sheet 1 of the works plans. To include—

• (a) new wildlife pond.

• (b) creation of a hibernacula.

Work No. 39 –Ecological mitigation area for common reptiles, shown on sheet 2 of the works plans. To include—

• (a) habitat improvement.

• (b) creation of a hibernacula.

• (c) installation of stock proof fencing.

Work No. 40 – Ecological mitigation area for common reptiles, shown on sheet 2 of the works plans. To include—

• (a) habitat improvement.

• (b) creation of a hibernacula.

Work No. 99 – Ecological mitigation area for Great Crested Newts, shown on sheet 4 of the works plans. To include the creation of a hibernacula.

Work No. 104 – Widening of the carriageway of the public highway at the junction between Traits Lane and Blackwell Road shown on sheet 3 of the works plans.

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

• (a) alteration to 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 reducing or increasing the width of any kerb, footpath, footway, cycle track or verge within the street; and altering the level of any such kerb, footpath, footway, cycle track or verge;

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

• (c) refurbishment works to any existing bridge;

• (d) the strengthening, alteration or demolition of any building;

• (e) works in the verges of public highways;

• (f) temporary diversions of public highways, including laying down or hard surfacing on any land to be used as a temporary diversion;

• (g) creation and removal of ramps, means of access, footpaths, cycle tracks, bridleways and crossing facilities, including the hard surfacing of ways;

• (h) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, barriers, pumping stations, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts;

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

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

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

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

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

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

• (o) the felling of trees;

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

• (q) 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;

• (r) removal, alteration and creation of boundary features including fencing and hedgerows; and

• (s) such other works, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “CEMP” means the construction environmental management plan;

• “contaminated land” has the same meaning as that given in section 78A (preliminary) of the Environmental Protection Act 1990;

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

• “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 ;

• “HEMP” means the handover environmental management plan, being the CEMP, to be developed towards the end of the construction of the authorised development which is to contain—the environmental information needed for the future maintenance and operation of the authorised development;the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development;a record of the consents, commitments and permissions resulting from liaison with statutory bodies; andthe ongoing commitments and obligations in the LEMP;

• “LEMP” means the landscape and ecological management plan, including a reptile mitigation strategy and mitigation measures for Schedule 1 birds;

• “priority species” has the same meaning given by Article 1(h) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora ;

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

• “Schedule 1 birds” means those birds listed within Schedule 1 (birds which are protected by special penalties) to the Wildlife and Countryside Act 1981;

• “Somerset County Council's archaeological advisor” means the individual appointed as such by the relevant planning authority;

• “written” includes shown in the form of a plan, section, drawing or any similar material which is submitted in compliance with any requirement.

Time limits

2

The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Construction Environmental Management Plan

3

• (1) No part of the authorised development is to commence until a CEMP has been prepared in consultation with the Defence Infrastructure Organisation, the Environment Agency, the relevant planning authority and the local highway authority and submitted to and approved in writing by the Secretary of State.

• (2) The CEMP must—

• (a) be substantially in accordance with the CEMP section of the outline environmental management plan and, in particular, must provide for compliance with the environmental commitments set out in Table 3.1 (record of environmental actions and commitments) of the outline environmental management plan;

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

• (c) incorporate the relevant measures detailed in the environmental statement;

• (d) include information on the control measures required to mitigate and reduce potential impacts which reflect the relevant mitigation measures included in the environmental statement;

• (e) require adherence to working hours of 07:00 to 18:00 on Mondays to Fridays and 07:00 to 13:00 on Saturdays, except for—

• (i) works requiring the full or partial closure of, or otherwise adversely affecting the operation of, the A303 highway;

• (ii) works associated with the diversion of existing utilities;

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

• (iv) works associated with tie-ins to existing highways;

• (v) deliveries of abnormally large or indivisible loads; and

• (vi) any emergency works;

• (f) include management plans, working methods and mitigation measures for each of the topics covered in the environmental statement, including—

• (i) Arboricultural Method Statement;

• (ii) Archaeological Written Scheme of Investigation;

• (iii) Japanese Knotweed Management Plan;

• (iv) Materials Management Plan;

• (v) Soil Handling and Management Plan;

• (vi) Site Waste Management Plan;

• (vii) Community Relations Strategy;

• (viii) Groundwater Monitoring Strategy;

• (ix) Construction Lighting Plan;

• (x) Asbestos Management Plan;

• (xi) Pollution Incident Control Plan;

• (xii) Noise and Vibration Monitoring Strategy; and

• (xiii) Bird Hazard Management Plan.

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

• (4) Upon completion of construction of the authorised development the CEMP and LEMP must be converted into the HEMP, and the authorised development must be operated and maintained in accordance with the HEMP.

Landscape and ecological management plan

4

• (1) No part of the authorised development is to commence until a LEMP has been prepared in consultation with Natural England and the relevant planning authority and has been submitted to and approved in writing by the Secretary of State.

• (2) Where the LEMP to be submitted under sub-paragraph (1) relates to or includes reference to any part of the Hazlegrove Registered Park and Garden, consultation must be undertaken with the Historic Buildings and Monuments Commission for England in addition to the consultees set out in sub-paragraph (1).

• (3) The LEMP must—

• (a) be substantially in accordance with the LEMP section of the outline environmental management plan;

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

• (c) incorporate the relevant measures detailed in the environmental statement; and

• (d) include information on the control measures required to mitigate and reduce potential impacts which reflect the mitigation measures included in the environmental statement.

• (4) The authorised development must be constructed in accordance with the approved LEMP.

• (5) Upon completion of construction of the authorised development, the ongoing commitments and obligations in the LEMP must be incorporated into the HEMP required under requirement 3(4) of this Part of this Schedule.

Details of consultation

5

• (1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule after consultation by the undertaker with another party, the details submitted must be accompanied by—

• (a) a report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker's response to that consultation; and

• (b) copies of all consultation responses received.

• (2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the 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 which request alterations to the details proposed by the undertaker are addressed in the details submitted to the Secretary of State for approval under this Schedule, however the undertaker must amend the details proposed in response to consultation 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 requests made in consultation responses are not incorporated in the details submitted to the Secretary of State for approval, the undertaker must state in the report referred to under sub-paragraph (1) the reasons why any requests made in consultation responses have not been included in the submitted details. At the same time as sending that report to the Secretary of State for approval the undertaker must send a copy of that report by electronic transmission to any consultee who made representations on that matter.

Landscaping

6

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

• (2) Where the written landscaping scheme to be submitted under sub-paragraph (1) relates to or includes reference to any part of the Hazlegrove Registered Park and Garden, consultation must be undertaken with the Historic Buildings and Monuments Commission for England and the Gardens Trust in addition to the consultees set out in sub-paragraph (1).

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

• (4) The landscaping scheme prepared under sub-paragraph (1) must be based on the environmental statement and the results of the surveys undertaken under sub-paragraph (3), and must be in accordance with the LEMP.

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

• (a) surveys, assessments and method statements as guided by BS 5837:2012 and the Hedgerows Regulations 1997 ;

• (b) location, species, size and planting density of any proposed planting;

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

• (d) proposed finished ground levels and profiles of any proposed bunds and cuttings;

• (e) hard surfacing materials, including surfacing of access tracks and roads and surfacing or facing materials of bunds;

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

• (g) details of boundary treatments, environmental barriers, stone walls, fencing, gates and stiles, and

• (h) implementation timetables for all landscaping works.

Implementation and maintenance of landscaping

7

• (1) All landscaping works must be carried out in accordance with the landscaping scheme approved under requirement 6.

• (2) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

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

Land and groundwater contamination

8

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

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

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

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

and the assessment has, after consultation by the undertaker with the Environment Agency, been submitted to and approved by the Secretary of State.

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

• (3) In the event that contaminated land or material, including impacted groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, the undertaker must cease construction of the authorised development in the vicinity of that contamination and must report it immediately in writing to the Secretary of State, the Environment Agency and the relevant planning authority, and in agreement with the Environment Agency and the relevant planning authority undertake a risk assessment of the contamination, and sub-paragraphs (4) and (5) will apply.

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

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

Archaeology

9

• (1) No part of the authorised development is to commence until a written scheme of investigation for the investigation and mitigation of areas of archaeological interest for each area and/or each phase in that part, has been prepared by the undertaker in consultation with the relevant planning authority and the local highway authority, agreed with Somerset County Council's archaeological advisor and submitted to and approved in writing by the Secretary of State. The written scheme of investigation must reflect the mitigation measures included in the environmental statement and the outline written heritage scheme of investigation, and include provision for sub-schemes for specific works, areas or locations, which may include evaluation, detailed excavation or archaeological monitoring plans.

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

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

• (4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be subject to appropriate mitigation as set out in the archaeological framework strategy and mitigation agreed with Somerset County Council's archaeological advisor.

• (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 they are identified unless otherwise agreed in writing by the Secretary of State.

• (6) No later than the expiry of the period of 10 working days beginning with the first working day after the completion of the authorised development, suitable resources and provisions for long term storage of the archaeological archive will be agreed with Somerset County Council's archaeological advisor.

Ecology, Priority and Protected species

10

• (1) No part of the authorised development may be undertaken unless the ecological effects are supervised by an appropriately qualified person appointed by the undertaker, which person may be the Ecological Clerk of Works.

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

• (3) The undertaker must prepare a written scheme for the protection and mitigation measures for any protected species that were not previously identified in the environmental statement or nesting birds found when carrying out the authorised development. Where nesting birds are identified works should cease within the evidenced zone of likely disturbance of the nest for that species until birds have fledged and the nest is no longer in use. Specific mitigation measures for Schedule 1 birds recorded within the proposed development site, comprising barn owl and hobby, must be set out in the LEMP. The LEMP will state that appropriate buffer zones for any other nesting bird species found during construction works will be determined by the Ecological Clerk of Works, dependent on the nesting bird species and nature of works in proximity to the nest.

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

Traffic management

11

• (1) No part of the authorised development is to commence until a traffic management plan for the construction of the authorised development, substantially in accordance with the outline traffic management plan, has, after consultation by the undertaker with the local highway authority and South Somerset District Council, been submitted to and approved in writing by the Secretary of State.

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

Detailed design

12

• (1) No part of the authorised development is to commence until the detailed design of that part has, after consultation with the Defence Infrastructure Organisation, the relevant planning authority and local highway authority on matters related to their functions, been approved in writing by the Secretary of State.

• (2) The details to be approved under this requirement must include—

• (a) plans, with annotations where required, showing the limits of responsibility for the operational maintenance of any work and which person or body is responsible for maintaining any part;

• (b) a signage strategy for the authorised development, including two information boards in the vicinity of the authorised development and which are accessible by the public to set out the history of the road; and

• (c) the width and limitations of any public rights of way which are created or altered by this Order.

• (3) Where protective works under article 21 are required to a listed building within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 , and such works would cause or require to be caused permanent change or alteration of the listed features in any manner which would affect its character as a building of special architectural or historic interest, the protective works must be set out in the detailed design submitted under sub-paragraph (1) and consultation on the relevant details must be undertaken with the Historic Buildings and Monuments Commission for England in addition to the bodies listed in sub-paragraph (1).

• (4) Following approval of detailed design under sub-paragraph (1), the undertaker may, after further consultation with the relevant planning authority and local highway authority on matters related to their functions, submit in writing amended detailed design for any part of the authorised development to the Secretary of State.

• (5) The details to be approved under sub-paragraph (1) or any subsequent amendment of those details approved under sub-paragraph (4) may depart from the preliminary scheme design shown on the works plans and the engineering section drawings only where the Secretary of State is satisfied that 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.

• (6) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the approved details, corresponding works plans or engineering section drawings and the undertaker must make those amended details available in electronic form for inspection by members of the public and must be notified by means of electronic transmission to the Environment Agency, the local highway authority, the relevant planning authority, and where works relate to the Hazlegrove House Registered Park and Garden, the Historic Buildings and Monuments Commission for England.

Surface water drainage

13

• (1) No part of the authorised development is to commence until, after consultation by the undertaker with the relevant planning authority, the lead local flood authority, the local highway authority and the Environment Agency, written details of the surface water drainage system, reflecting the mitigation measures in the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State.

• (2) Prior to consultation with the relevant planning authority, the lead local flood authority and the Environment Agency as required by sub-paragraph (1), the undertaker will carry out—

• (a) a CCTV survey of the location and condition of all drainage assets where—

• (i) the existing A303 is to be de-trunked and retained; and

• (ii) the existing A303 drainage is connecting into the proposed drainage network; and

• (b) a topographical and condition survey (i.e. visual inspection) of the extents of the ditches downstream of the proposed outfalls as follows—

• (i) outfall from Pond 1: up to and including culvert at Farm Lane overbridge (SMIS reference: 6245, culvert registration ID: 13795);

• (ii) outfall from Ponds 2 and 3: up to and including culvert at Royal Naval Air Station Yeovilton;

• (iii) outfall from Pond 4: up to culvert north of Frog Lane, West Camel (DRN ID: EAEW1001000000172218); and

• (iv) outfall from Pond 5 and 6: up to Dyke Brook; and

• (c) an assessment of the sustainability of the drainage proposals and of the opportunities to increase sustainable drainage provision.

• (3) The undertaker will make the results of the surveys and assessments undertaken in accordance with this requirement available to the relevant planning authority, the lead local flood authority, the local highway authority and the Environment Agency when undertaking any consultation required by sub-paragraph (1).

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

• (5) Runoff from natural catchments must be intercepted to prevent flooding of the carriageway in accordance with HA106/04.

• (6) Highway drainage will be designed in accordance with HD 33/16 Design of Highway Drainage Systems and any subsequent design manuals amending or replacing that. The system as a minimum must achieve—

• (a) no surcharge of the drainage system during the 100% Annual Exceedance Probability (AEP) storm event;

• (b) no flooding from the drainage system during the 20% Annual Exceedance Probability (AEP) storm event;

• (c) design exceedance management during the 1% Annual Exceedance Probability (AEP) storm event;

• (d) an allowance for the effects of climate change by allowing for a 40% increase in rainfall intensity.

• (7) The highway drainage system off-site discharge will be limited, up to and including the 1% annual probability (1 in 100 year event) plus a 40% allowance for climate change, to no greater than the undeveloped rate of run-off as determined by the calculation of Qbar or 2 l/s/ha.

• (8) In this paragraph, “the lead local flood authority” has the same meaning as in the Flood and Water Management Act 2010 .

Noise mitigation

14

• (1) No part of the authorised development is to commence until, after consultation by the undertaker with the relevant planning authority, written details of proposed noise mitigation in respect of the construction, use and operation of that part of the authorised development have been submitted to and approved in writing by the Secretary of State.

• (2) Either—

• (a) the written details referred to in sub-paragraph (1) must reflect the mitigation measures included in the environmental statement; or

• (b) where the mitigation proposed materially differs from the mitigation identified in the environmental statement, the undertaker must provide evidence with the written details submitted that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement taking into account the mitigation identified in it.

• (3) The noise mitigation must be constructed in accordance with the approved details referred to in sub-paragraph (1) and must be retained thereafter.

Highway lighting

15

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

• (2) Either—

• (a) the standard of the highway lighting to be provided by the scheme referred to in sub-paragraph (1) must either reflect the standard of the highway lighting included in the environmental statement; or

• (b) where the standard of the highway lighting proposed materially differs from the standard of the highway lighting identified in the environmental statement, the undertaker must provide evidence with the written scheme submitted for approval that the standard of the highway lighting proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

• (3) The standard of the highway lighting must encompass the specification, level of provision, light spillage, intensity and brightness of the highway lighting.

• (4) The authorised development must be carried out in accordance with the scheme approved under sub-paragraphs (1) and (2).

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

Delivery approach plan

16

• (1) No part of the authorised development is to commence until a delivery approach plan for the construction of the authorised development has, after consultation by the undertaker with the local highway authority and relevant planning authority, been submitted to and approved in writing by the Secretary of State. The delivery approach plan must set how the authorised development will be delivered to ensure that mitigation works will be in place at the point when the works for which that mitigation is required are completed, which mitigation works include but are not limited to—

• (a) the landscaping approved under requirements 6 and 7;

• (b) the surface water drainage approved under requirement 13;

• (c) the noise mitigation approved under requirement 14; and

• (d) the highway lighting approved under requirement 15.

• (2) Where any requirement refers to any part of the authorised development and discharge is sought for a part, the delivery approach plan must set out how that part fits into the overall plan and why it is appropriate for that part to commence as a part.

Provision of non-motorised user route at western end

17

No part of the authorised development is to commence until details of a scheme for a bridleway connecting Eastmead Lane from the closure marked B1 on the rights of way and access plans with the southern side of the A303 by way of the Higher Farm Lane overbridge have, after consultation by the undertaker with Somerset County Council, been submitted to and approved in writing by the Secretary of State. The scheme submitted for approval must include an explanation of the mechanisms for delivery of the measures and works set out in it, and where any legal agreement is required, must include a copy of the agreement in terms agreed by the proposed parties.

No through road signs for Traits Lane and Gason Lane

18

Notwithstanding any provision in this Order, the existing junctions of Traits Lane and Gason Lane with the A303 must not be closed to traffic until a scheme securing the delivery of no through road signs to be installed at the southern junctions of these roads with Blackwell Road has, after consultation by the undertaker with the traffic authority, been submitted to and approved in writing by the Secretary of State.

Speed limit on B3151

19

Notwithstanding any provision in this Order, the existing junction of the B3151 with the A303 must not be reconfigured until a scheme securing the promotion of a traffic regulation order under the 1984 Act amending the speed limit of this road by Somerset County Council at the expense of the undertaker has been submitted to and approved in writing by the Secretary of State.

Traffic monitoring and mitigation in Sparkford

20

• (1) No part of the authorised development is to commence until written details of a traffic impact monitoring and mitigation scheme for Sparkford High Street has, after consultation by the undertaker with the local highway authority, been submitted to and approved in writing by the Secretary of State.

• (2) The traffic impact monitoring and mitigation scheme must include—

• (a) a before and after survey to assess the changes in traffic;

• (b) the locations to be monitored and the methodology to be used to collect the required data;

• (c) the periods over which traffic is to be monitored;

• (d) the submission of survey data and interpretative report to the local highway authority; and

• (e) a mechanism for the future approval of mitigation measures together with a programme for their implementation.

• (3) The scheme approved under sub-paragraph (1) must be implemented by the undertaker

Approvals and amendments to approved details

21

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

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

22

• (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker, the relevant planning authority and the local highway authority 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 23; 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 that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved,

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

Further information

23

• (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 this 21 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 21 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

24

• (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

25

If before this Order came into force the undertaker or any other person took 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 — CLASSIFICATION OF ROADS, ETC.

PART 1 — TRUNK ROADS

PART 2A — ROADS TO BE DE-TRUNKED AND VESTED IN SOMERSET COUNTY COUNCIL

(1) Area Parish	(2) Length of road
West Camel	Former A303 from Camel Cross to Steart Hill between points W and AR on sheet 1 of the De-trunking plans, comprising of 535 metres.
West Camel	Former A303 West of Howell Hill between points AQ and AF on sheet 2 of the De-trunking plans, comprising of 120 metres.
West Camel Queen Camel	Former A303 east of Steart Hill between points AI and EA on sheet 2 of the De-trunking plans, comprising of 279 metres.
Sparkford	Hazlegrove roundabout between points P, S, AO and AK on sheet 3 of the De-trunking plans comprising of 167 metres.

PART 2B — ROADS TO BE DE-TRUNKED AND REMAIN UNDER THE CONTROL AND MANAGEMENT OF THE UNDERTAKER

Queen Camel Sparkford	Former A303 west of Hazlegrove roundabout between points AN and EI on sheet 3 of the De-trunking plans, comprising of 622 metres.

PART 3 — CLASSIFIED A ROADS

PART 4 — CLASSIFIED B ROADS

PART 5 — UNCLASSIFIED ROADS

PART 6 — SPEED LIMITS

(1) Area	(2) Road name, number and length	(3) Speed limit
Yeovilton West Camel Queen Camel Sparkford	A303 eastbound, comprising a length of 5590 metres Shown as a dashed purple line between points A and B as shown on sheets 1,2,3 and 4 of the Permanent Speed Limit Order Plans.	National Speed Limit
Yeovilton West Camel Queen Camel Sparkford	A303 westbound, comprising a length of 5606 metres Shown as a dashed purple line between points C and D as shown on sheets 1,2,3 and 4 of the Permanent Speed Limit Order Plans.	National Speed Limit
West Camel	B3151 Link shown as a dashed green line between points V and W on sheet 2 of the Permanent Speed Limit Order Plans, comprising 490 metres.	50 miles per hour
West Camel	Camel Cross Junction Westbound Merge shown as a dashed purple line between points H and I on sheet 2 of the Permanent Speed Limit Order Plans comprising of 78 metres.	National Speed Limit
West Camel	Camel Cross Link shown as a dashed purple line between points T and H on sheet 2 of the Permanent Speed Limit Order Plans, comprising 79 metres.	National Speed Limit
West Camel	Camel Cross Junction Westbound Diverge shown as a dashed purple line between points G and H on sheet 2 of the Permanent Speed Limit Order Plans, comprising of 58 metres.	National Speed Limit
West Camel	Downhead Turning Head shown as a dashed purple line between points EJ and EK on sheet 2 of the Permanent Speed Limit Order Plans, comprising 33 metres.	National Speed Limit
West Camel	Former A303 (Camel Cross to Steart Hill) shown as a dashed green line between points W and AR on sheet 2 of the Permanent Speed Limit Order Plans, comprising 535 metres.	50 miles per hour
West Camel	Downhead Lane shown as a dashed purple line between points X and Y on sheet 2 of the Permanent Speed Limit Order Plans, comprising 365 metres.	National Speed Limit
West Camel	Downhead Junction Eastbound Diverge shown as a dashed purple line between points J and K on sheet 2 of the Permanent Speed Limit Order Plans, comprising of 38 metres.	National Speed Limit
West Camel	Downhead Junction Link shown as a dashed purple line between points K and Z on sheet 2 of the Permanent Speed Limit Order Plans, comprising 338 metres.	National Speed Limit
West Camel	Downhead Junction Eastbound Merge shown as a dashed purple line between points K and L on sheet 2 of the Permanent Speed Limit Order Plans, comprising of 36 metres.	National Speed Limit
West Camel	Steart Hill Link to Old A303 shown as a dashed green line between points AR and AS on sheet 2 of the Permanent Speed Limit Order Plans, comprising 210 metres.	50 miles per hour
West Camel	Steart Hill Roundabout shown as a dashed green line on sheet 2 of the Permanent Speed Limit Order Plans, circulatory carriageway length comprising 88 metres.	50 miles per hour
West Camel	Steart Hill Link shown as a dashed purple line between points AB and EL on sheets 2 and 3 of the Permanent Speed Limit Order Plans, comprising 417 metres.	National Speed Limit
West Camel	Howell Hill Link (West) shown as a dashed orange line between points AP and AQ on sheet 2 of the Permanent Speed Limit Order Plans, comprising 180 metres.	30 miles per hour
West Camel	Former A303 (West of Howell Hill) shown as a dashed orange line between points AQ and AF on sheet 2 of the Permanent Speed Limit Order Plans, comprising 120 metres.	30 miles per hour
West Camel	Howell Hill Link (East) shown as a dashed orange line between points AF and AG on sheets 2 and 3 of the Permanent Speed Limit Order Plans, comprising 376 metres.	30 miles per hour
West Camel	Steart Hill Link shown as a dashed orange line between points EL and AC on sheet 3 of the Permanent Speed Limit Order Plans, comprising 174 metres.	30 miles per hour
West Camel	Steart Hill (north) shown as a dashed orange line between points AD and AE on sheet 3 of the Permanent Speed Limit Order Plans, comprising 54 metres.	30 miles per hour
West Camel	Steart Hill shown as a dashed orange line between points AE and AH on sheet 3 of the Permanent Speed Limit Order Plans, comprising 72 metres.	30 miles per hour
West Camel	Steart Hill (south) shown as a dashed orange line between points AH and AI on sheet 3 of the Permanent Speed Limit Order Plans, comprising 120 metres.	30 miles per hour
West Camel Queen Camel	Former A303 (East of Steart Hill) shown as a dashed orange line between points AI and EA on sheet 3 of the Permanent Speed Limit Order Plans, comprising 235 metres.	30 miles per hour
Queen Camel	Camel Hill Quarry Turning Head shown as a dashed orange line between points EA and EE on sheet 3 of the Permanent Speed Limit Order Plans, comprising 44 metres.	30 miles per hour
Queen Camel	Traits Lane Turning Head shown as a dashed purple line between points DN and EF on sheet 3 of the Permanent Speed Limit Order Plans, comprising 39 metres.	National Speed Limit
Queen Camel	Vale Farm Link shown as a dashed purple line between points AL and AM on sheet 3 of the Permanent Speed Limit Order Plans, comprising 339 metres.	National Speed Limit
Queen Camel	Hazlegrove Junction Eastbound Off slip shown as a dashed purple line between points M and N on sheet 3 of the Permanent Speed Limit Order Plans, comprising 228 metres.	National Speed Limit
Queen Camel	Gason Lane Turning Head shown as a dashed purple line between points EH and EG on sheet 3 of the Permanent Speed Limit Order Plans, comprising 33 metres.	National Speed Limit
Queen Camel	Camel Hill Roundabout shown as a dashed purple line on sheet 3 of the Permanent Speed Limit Order Plans, circulatory carriageway length comprising 113 metres.	National Speed Limit
Queen Camel	Camel Hill Services Turning Head shown as a dashed purple line between points EI and EB on sheet 3 of the Permanent Speed Limit Order Plans, comprising 32 metres.	National Speed Limit
Queen Camel Sparkford	Camel Hill Link shown as a dashed purple line between points AJ and AK on sheets 3 and 4 of the Permanent Speed Limit Order Plans, comprising 687 metres.	National Speed Limit
Sparkford Queen Camel	Former A303 (West of Hazlegrove Roundabout) shown as a dashed purple line between points EB and AN on sheet 3 and 4 of the Permanent Speed Limit Order Plans, comprising 596 metres.	National Speed Limit
Queen Camel Sparkford	Hazlegrove Junction Eastbound On slip shown as a dashed purple line between points AT and O on sheet 4 of the Permanent Speed Limit Order Plans, comprising 431 metres.	National Speed Limit
Sparkford	Ridge Copse Link shown as a dashed purple line between points AN and AO on sheet 4 of the Permanent Speed Limit Order Plans, comprising 87 metres.	National Speed Limit
Sparkford	Hazlegrove Junction Westbound on slip shown as a dashed purple line between points P and Q on sheet 4 of the Permanent Speed Limit Order Plans, comprising 313 metres.	National Speed Limit
Sparkford	Hazlegrove Roundabout shown as a dashed purple line on sheet 4 of the Permanent Speed Limit Order Plans, circulatory carriageway length comprising 167 metres.	National Speed Limit
Sparkford	Hazlegrove Junction Westbound off slip shown as a dashed purple line between points R and S on sheet 4 of the Permanent Speed Limit Order Plans, comprising 340 metres.	National Speed Limit

PART 7 — TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

(1) Area	(2) Road name, number and length	(3) Measures
Yeovilton West Camel Queen Camel Sparkford	A303 eastbound shown as a dashed green line between points A and B on sheets 1,2,3 and 4 of the Traffic Regulation Measures Plans, comprising of 5590 metres.	Clearway (to include verges, hard shoulders and hard strips)
Yeovilton West Camel Queen Camel Sparkford	A303 westbound shown as a dashed green line between points C and D on sheets 1,2,3 and 4 of the Traffic Regulation Measures Plans, comprising of 5606 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Camel Cross Westbound Merge shown as a dashed green line between points H and I of sheet 2 of the Traffic Regulation Measures Plans, comprising of 78 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Camel Cross Link shown as a dashed green line between points T and H on sheet 2 of the Traffic Regulation Measures Plans, comprising 77 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Camel Cross Westbound Diverge shown as a dashed green line between points G and H of sheet 2 of the Traffic Regulation Measures Plans, comprising of 58 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Downhead Junction Eastbound Diverge shown as a dashed green line between points J and K on sheet 2 of the Traffic Regulation Measures Plans, comprising of 38 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Downhead Junction Link shown as a dashed green line between points K and Y on sheet 2 of the Traffic Regulation Measures Plans comprising 33 metres.	Clearway (to include verges, hard shoulders and hard strips)
West Camel	Downhead Junction Eastbound Merge shown as a dashed green line between points K and L on sheet 2 of the Traffic Regulation Measures Plans, comprising of 36 metres.	Clearway (to include verges, hard shoulders and hard strips)
Queen Camel	Hazlegrove Junction Eastbound Off Slip shown as a dashed green line between points M and N on sheet 3 of the Traffic Regulation Measures Plans, comprising of 228 metres.	Clearway (to include verges, hard shoulders and hard strips)
Queen Camel Sparkford	Hazlegrove Junction Eastbound On Slip shown as a dashed green line between points AT and O on sheet 4 of the Traffic Regulation Measures Plans, comprising of 431 metres.	Clearway (to include verges, hard shoulders and hard strips)
Sparkford	Hazlegrove Junction Westbound On Slip shown as a dashed green line between points P and Q on sheet 4 of the Traffic Regulation Measures Plans, comprising of 313 metres.	Clearway (to include verges, hard shoulders and hard strips)
Sparkford	Hazlegrove Junction Westbound Off Slip shown as a dashed green line between points R and S on sheet 4 of the Traffic Regulation Measures Plans, comprising of 340 metres.	Clearway (to include verges, hard shoulders and hard strips)

PART 8 — TRAFFIC REGULATION MEASURES (WEIGHT RESTRICTIONS)

(1) Area	(2) Road name, number and length	(3) Measures
West Camel	Howell Hill Link (West) shown as a dashed purple line between points AP and AQ on sheet 2 of the Traffic Regulation Measures Plans, comprising 180 metres.	7.5 tonne weight restriction (except for loading and exempt vehicles)
West Camel	Former A303 (West of Howell Hill) shown as a dashed purple line between points AQ and AF on sheet 2 of the Traffic Regulation Measures Plans, comprising 120 metres.	7.5 tonne weight restriction (except for loading and exempt vehicles)
West Camel	Howell Hill Link (East) shown as a dashed purple line between points AF and AG on sheets 2 and 3 of the Traffic Regulation Measures Plans, comprising 376 metres.	7.5 tonne weight restriction (except for loading and exempt vehicles)

PART 9 — TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)

(1) Area	(2) Road name, number and length	(3) Measures
West Camel	A303 eastbound, located at 1,210 metres in eastern direction from Higher Farm Lane Overbridge, layby shown coloured light blue on sheet 1 of the Traffic Regulation Measures Plans.	Waiting restricted to two hours
West Camel,	A303 westbound, located at 3,477 metres in eastern direction from Higher Farm Lane Overbridge, layby shown coloured light blue on sheet 3 of the Traffic Regulation Measures Plans.	Waiting restricted to two hours

PART 10 — REVOCATIONS AND VARIATIONS OF ORDERS