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The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

Type Statutory-Instrument

Publication 2021-01-29

Last updated 2023-05-03

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(1) Area	(2) Road name, number	(3) Title of Order	(4) Revocations or variations
Yeovilton West Camel Queen Camel Sparkford	A303	The A303 Trunk Road (Sparkford to Podimore) (50 miles per hour speed limit) Order 1999	To be partially revoked to the extent shown as a dashed blue line on sheets 1, 2, 3 and 4 of the Traffic Regulation Measures Plans.
West Camel Queen Camel Sparkford	A303	The London-Penzance Trunk Road (A303) Tintinhull to West of Sparkford (Prohibition of Waiting) (Clearways) Order 1978	To be partially revoked between the junction of the A303 and the A359 (Hazlegrove Roundabout) and the junction of the A303 and the B3151 (Camel Cross) (as shown shaded pink on the Traffic Regulation Measures Plans sheets 2,3 and 4, comprising 3,490 metres.
Yeovilton West Camel Queen Camel Sparkford	A303	A303 Trunk Road (Sparkford To Ilchester Improvement and Slip Roads) (Detrunking) Order 1996	To be revoked in so far as it is in force and within the Order limits
Yeovilton West Camel Queen Camel Sparkford	A303	A303 Trunk Road (Sparkford to Ilchester Improvement and Slip Roads) Order 1996	To be revoked in so far as it is in force and within the Order limits
Yeovilton West Camel Queen Camel Sparkford	A303	Sparkford to Ilchester improvement and slip roads Side Roads Order 1996	To be revoked in so far as it is in force and within the Order limits.
West Camel	Howell Hill	The County Council of Somerset (Bridgehampton and West Camel) (Weight Restriction) Order 2007	To be revoked from the junction of Howell Hill and the existing A303 at Canegore Corner and point AG shown on Sheet 3 of the Traffic Regulatory Measures Plans

PART 11 — PUBLIC RIGHTS OF WAY

(1) Area	(2) Length of Footpath/Cycle track/Bridleway//Footway in verge
West Camel	Footway in verge. Reference AN-AO shown on sheet 2 of the Rights of Way and Access Plans. 175m.
West Camel	Footway in verge. Reference AP-AQ-BV shown on sheet 2 of the Rights of Way and Access Plans. 230m.
West Camel	Bridleway. Reference AW-AX shown on sheets 2 and 3 of the Rights of Way and Access Plans. 370m.
West Camel	Footway in verge. Reference AR-AV shown on sheet 2 of the Rights of Way and Access Plans. 40m.
West Camel	Bridleway in verge. Reference AV-AS shown on sheet 2 of the Rights of Way and Access Plans. 330m.
West Camel	Bridleway in verge. Reference AJ-BW shown on sheets 2 and 3 of the Rights of Way and Access Plans. 420m.
West Camel	Bridleway in verge. Reference AB-AK shown on sheet 2 of the Rights of Way and Access Plans. 40m.
West Camel	Bridleway. Reference AA-AB shown on sheets 1 and 2 of the Rights of Way and Access Plans. 1870m.
West Camel	Bridleway. Reference AC-AD-AE-AF-AG-AH-AI-AJ shown on sheet 2 of the Rights of Way and Access Plans. 620m.
West Camel	Bridleway. Reference AT-AU shown on sheet 2 of the Rights of Way and Access Plans. 360m.
West Camel	Bridleway. Reference AV-AW shown on sheet 2 of the Rights of Way and Access Plans. 120m.
West Camel	Footpath. Reference AL-AM shown on sheet 2 of the Rights of Way and Access Plans. 190m.
West Camel Queen Camel	Bridleway. Reference AX-AY shown on sheet 3 of the Rights of Way and Access Plans. 930m.
Queen Camel	Bridleway in verge. Reference BE-BF shown on sheets 3 and 4 of the Rights of Way and Access Plans. 140m.
Queen Camel	Footway in verge. Reference BC-BD shown on sheet 3 of the Rights of Way and Access Plans. 30m.
Queen Camel	Footpath. Reference AZ-BA-BB-CE shown on sheet 3 of the Rights of Way and Access Plans. 400m.
Queen Camel	Bridleway. Reference BL-BK shown on sheet 3 of the Rights of Way and Access Plans. 60m.
Queen Camel	Bridleway. Reference BD-BY shown on sheet 3 of the Rights of Way and Access Plans. 210m.
Queen Camel	Bridleway. Reference BE-BY shown on sheet 3 of the Rights of Way and Access Plans. 20m.
Queen Camel	Bridleway. Reference BI-BH shown on sheet 4 of the Rights of Way and Access Plans. 50m.
Queen Camel	Bridleway in verge. Reference BH-BG shown on sheet 4 of the Rights of Way and Access Plans. 480m.
Queen Camel Sparkford	Footway. Reference BI-BX-BQ-BH shown on sheet 4 of the Rights of Way and Access Plans. 200m.
Queen Camel Sparkford	Footpath. Reference BF-BM-BN-BO-BP shown on sheet 4 of the Rights of Way and Access Plans. 760m.
Sparkford	Footway/cycleway in verge. Reference BT-BU shown on sheet 4 of the Rights of Way and Access Plans. 100m.
Sparkford	Footway/cycleway in verge. Reference BR-BS shown on sheet 4 of the Rights of Way and Access Plans. 30m.
Queen Camel Sparkford	Bridleway in verge. Reference BK-BJ-BI shown on sheets 3 and 4 of the Rights of way and Access Plans. 620m.
Sparkford	Footpath Reference BY-BN shown on sheets 3 and 4 of the Rights of Way and Access Plans. 260m.

PART 12 — NOTIFICATION OF DATES TO BE DETERMINED

26

(1) Where in accordance with article 14 (classification of roads, etc.) any classification, speed limit, traffic regulation measure, restriction, revocation or variation or part thereof is to take effect from a day to be determined, the undertaker must notify the date for each classification, speed limit, traffic regulation measure, restriction, revocation or variation or part thereof as follows—

(a) notice must be served no less than 14 days before the day to be determined;

(b) notice must be served on—

(i) the relevant highway authority in whose area the road in question is situated;

(ii) the traffic authority in whose area the road in question is situated;

(iii) South Somerset District Council; and

(iv) the Chief Constable of police for the area in which the road is situated.

(2) Notices served under paragraph (1) may make reference to more than one determination under article 14.

SCHEDULE 4 — PERMANENT STOPPING UP AND ALTERATION OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

In relating this Schedule to the rights of way and access plans, the provisions described in this Schedule are shown on the rights of way and access plans in the following manner—

(a) existing highways to be stopped up, as described in column (2) of Part 1 and Part 2 of this Schedule, are shown by thick black diagonal hatching (as shown in the key on the rights of way and access plans) over the extent of the area to be stopped up, which is described in column (3) of Part 1 and Part 2 of this Schedule.

(b) new highways which are to be substituted for a highway to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 2 of this Schedule, are shown by red cross-hatching (for trunk roads) and blue cross-hatching (for other classified roads and highways) (as shown in the key on the rights of way and access plans), and will be a road unless the description ‘footpath’, ‘bridleway’, ‘footway’ or ‘cycle track’ is stated in column (4) of Part 2 of this Schedule.

(c) private means of access to be stopped up, as described in column (2) of Parts 3 and 4 of this Schedule, are shown by solid black shading (as shown in the key on the rights of way and access plans) over the extent of stopping up described in column (3) of Parts 3 and 4 of this Schedule, and are given a reference label (a capital letter B followed by the reference number for that access in a circle).

(d) new private means of access to be substituted for a private means of access to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 4 of this Schedule, are shown by thin black line hatching (as shown in the key on the rights of way and access plans) and are given a reference label (a number in a circle).

PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up
Yeovilton West Camel	Bridleway Y30/28	To be stopped up over distance of 27 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset C, sheet 1 of the Rights of Way and Access Plans.
Yeovilton West Camel	A303 westbound off slip at Podimore.	To be stopped up over a distance of 156 metres, eastwards from a point 775 metres east of the existing Higher Farm Lane Overbridge. Reference A1 shown as a black dashed hatch in Inset C, Sheet 1 of the Rights of Way and Access Plans.
West Camel	Footpath Y27/21	To be stopped up in its entirety. Shown as a red dotted line in Inset D, sheet 2 of the Rights of Way and Access Plans.
West Camel	Un-named road at Camel Cross	To be stopped up over a distance of 115 metres, northwards from its southern limits. Reference A4 shown as a black dashed hatch in Inset D, Sheet 2 of the Rights of Way and Access Plans.
Queen Camel	Traits Lane, Camel Hill	To be stopped up over a distance of 5 metres southwards from its junction with the existing A303. Reference A11 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Footpath WN23/32	To be stopped up over a distance of 131 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset G sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Footpath WN23/10	To be stopped up over a distance of 66 metres southwards from its junction with the existing A303. Shown as a red dotted line in Inset G sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Footpath WN23/33	To be stopped up over a distance of 60 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset G sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Gason Lane, Camel Hill	To be stopped up over a distance of 21 metres southwards from its junction with the existing A303. Reference A13 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.

PART 2 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up	(4) New highway to be substituted/provided
West Camel	A303 Trunk Road at Camel Cross	To be stopped up over a distance of 475 metres westwards from a point 585 metres west of the existing A303 / Plowage Lane junction. Reference A2 shown as a black dashed hatch in Inset D, Sheet 2 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
West Camel	A303 Trunk Road at Camel Cross	To be stopped up over a distance of 130 metres westwards from a point 417 metres west of the existing A303 / Plowage Lane junction. Reference A3 shown as a black dashed hatch in Inset D, Sheet 2 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
West Camel	Footpath Y27/29	To be stopped up over a distance of 27 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset D sheet 2 of the Rights of Way and Access Plans.	New footway AN-AO. Then Existing footway AO-AP. Then New footway AP-AQ. Then Road crossing AQ-AR. Then New footway AR-AV. Then New bridleway in verge AV-AS. Then Road crossing AS-AJ. Then New bridleway AJ-AI-AH-AG-AF-AE-AD-AC. Then Road crossing AC-AB. Then New bridleway in verge AB-AK. Then Existing footpath Y27/10.
West Camel	Footpath Y27/10	To be stopped up over a distance of 208 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset E sheet 2 of the Rights of Way and Access Plans.	New bridleway AT-AU. Then Road crossing AU-AV. Then New bridleway in verge AV-AS. Then Road crossing AS-AJ. Then New bridleway AJ-AI-AH-AG-AF-AE-AD-AC. Then Road crossing AC-AB. Then New bridleway in verge AB-AK.
West Camel	Un-named road at Plowage	To be stopped up over a distance of 165 metres northwards from its junction with the existing A303. Reference A5 shown as a black dashed hatch in Inset E, Sheet 2 of the Rights of Way and Access Plans.	Downhead Lane Downhead Junction Link Steart Hill Roundabout Steart Hill Link to Old A303
West Camel	Footpath Y27/UN	To be stopped up in its entirety. Shown as a red dotted line in Inset E sheet 2 of the Rights of Way and Access Plans.	New bridleway AF-AE-AD-AC Road crossing AC-AB
West Camel	Footpath Y27/9	To be stopped up over a distance of 245 metres northwards from its junction with the existing A303. As shown as a red dotted line in Inset E sheet 2 of the Rights of Way and Access Plans.	New bridleway AT-AU. Then Road crossing AU-AV. Then New bridleway in verge AV-AS. Then Road crossing AS-AJ. Then New bridleway AJ-AI-AH-AG-AF
West Camel	A303 Trunk Road at Canegore Corner	To be stopped up over a distance of 146 metres eastwards from a point 567 metres east of the existing A303 /Plowage Lane junction. Reference A6 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
West Camel	Steart Hill, near Canegore Corner	To be stopped up over a distance of 74 metres, northwards from a point 134 metres north of the Steart Hill junction with the existing A303. Reference A7 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	Steart Hill Link Steart Hill (North).
West Camel	Steart Hill, Canegore Corner	To be stopped up over a distance of 17 metres northwards from its junction with the existing A303. Reference A8 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	A303
West Camel	Howell Hill, Canegore Corner	To be stopped up over a distance of 79 metres southwards from its junction with the existing A303. Reference A9 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	A303
Queen Camel	A303 Trunk Road at Camel Hill	To be stopped up over a distance of 232 metres westwards from a point 298 metres west of the existing A303 / Traits Lane junction. Reference A10 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
Queen Camel	Un-named road at Camel Hill	To be stopped up over a distance of 70 metres northwards from its junction with the existing A303. Reference A12 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.	Vale Farm Link Camel Hill Roundabout Camel Hill Link
Queen Camel	A303 Trunk Road at Camel Hill	To be stopped up over a distance of 111 metres eastwards from a point 43 metres east of the existing A303 /Gason Lane junction. Reference A14 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.	A303 Eastbound and A303 Westbound.
Queen Camel Sparkford	Footpath WN23/12	To be stopped up over a distance of 434 metres eastwards from its junction with the existing A303. Shown by a red dotted line in Inset H sheet 4.	New bridleway in verge BJ-BI. Then New bridleway BI-BH. Then New bridleway in verge BH-BG. Then Road crossing BG-BF. Then New footpath in verge BF-BM. Then New footpath BM-BN, New footpath BN-BO, then New footpath BO-BP
Sparkford	A303 Trunk Road eastbound carriageway at Hazlegrove	To be stopped up over a distance of 254 metres, eastwards from a point 38 metres east of its junction with the existing Hazlegrove Roundabout. Reference A15 shown by a black dashed hatch in Inset H, Sheet 4 of the Rights of Way and Access Plans.	A303 Eastbound.

PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up
Queen Camel	Access to land south of the A303 at Camel Hill.	Reference B16 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Steart Hill.	Reference B20 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Steart Hill.	Reference B21 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.
West Camel	Access to Annis Hill Farm off the northern verge of the A303 near Camel Cross.	Reference B22 shown in solid black in inset D of sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the eastern verge of Downhead Lane.	Reference B27 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.
Queen Camel	Access to Camel Hill Cottage from the A303 opposite Traits Lane.	Reference B29 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.

PART 4 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 5 — ALTERATIONS TO PRIVATE MEANS OF ACCESS

(1) Parish(es)	(2) Private Means of Access to be altered
West Camel	Reference 12. Modified access to Hawk House across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 13. Modified access to Hawk House / The Bungalow across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 15. Modified access to Lamorna across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 16. Modified access to West Camel Methodist Church across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 17. Modified access to Crusty Cottage across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Reference 19. Modified access to Bromar across verge, shown on sheet 3 of the Rights of Way and Access Plans.
West Camel	Reference 26. Modified access to MOD land from Gason Lane Turning Head, shown on sheet 3 of the Rights of Way and Access Plans.
West Camel	Reference 33. Modified access north of Steart Hill Garage, shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Reference 34. Modified access to Camel Hill House shown on sheet 3 of the Rights of Way and Access Plans.

PART 6 — NEW PRIVATE MEANS OF ACCESS

(1) Parishes	(2) Private Means of Access to be created
Queen Camel	Reference 25. Access to land to the east of Camel Hill Farm, shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Reference 35. Access to land adjacent to Gason Lane, shown on sheet 3 of the Rights of Way and Access Plans.

SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE PERMANENTLYACQUIRED

(1) Plot reference number shown on land plans	(2) Purpose for which rights over land may be acquired	(3) Relevant part of the authorised development
1/2b	To plant and maintain hedgerows and undertake and maintain landscaping.	Work Nos. 2 and 5
1/4a	To construct, operate and maintain a drainage outfall including access with or without vehicles.	Work No. 6
2/2e	To construct and maintain a boundary fence, plant and maintain hedgerows and undertake and maintain landscaping, including planting.	Work No. 11
3/1a	To undertake all works necessary to use the land for the ecological works including translocation of Great Crested Newts, reptiles and other species from the Order Land; and also including vegetation clearance, planting, landscaping, creation of a hibernacula, habitat improvement and the installation of fencing and access with or without vehicles to maintain the same. To impose a restrictive covenant that the owner may not remove, damage, obstruct or interfere with any works undertaken for the purposes of using the land for the translocation of species from the Order Land for a period of five years from the date of opening of the Scheme.	Work No. 39
3/1b	To undertake all works necessary to use the land for the ecological works including translocation of Great Crested Newts, reptiles and other species from the Order Land; and also including vegetation clearance, planting, landscaping, creation of a hibernacula, habitat improvement and the installation of fencing and access with or without vehicles to maintain the same. To impose a restrictive covenant that the owner may not remove, damage, obstruct or interfere with any works undertaken for the purposes of using the land for the translocation of species from the Order Land for a period of five years from the date of opening of the Scheme.	Work No. 40
3/2a	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
4/1f	To construct, operate, access and maintain a way suitable for use by the public on foot, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	Work No. 16
4/2a	To construct, operate, access and maintain a way suitable for use by the public on foot, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	Work No. 16
4/4b	To designate the road to be formed on part of the plot as public highway open to vehicular traffic on its completion. To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles.	Work Nos. 27, 38 and 38A
4/4g	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
4/7a	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
4/8b	To construct, operate and maintain a drainage outfall including access with or without vehicles.	Work No. 29
5/1b	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
5/3j	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion. To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles.	Work Nos. 61 and 69
5/4c	To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles	Work No. 48
5/5c	To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles.	Work No. 48
5/8b	To construct, operate, access and maintain a private means of access including creation of vehicular rights of access to the property served thereby.	Work No. 52
5/9b	To construct, divert, use and maintain utility connections and equipment including telecommunication and electric cables, equipment and apparatus and water and sewerage pipes, equipment and apparatus including access with or without vehicles.	Work Nos. 45, 46, 47, 48 and 74
6/1e	To undertake works to the local road and Camel Hill. To construct, divert, use and maintain utility connections and equipment including telecommunication cables equipment and apparatus including access with or without vehicles.	Work Nos. 66 and 71
7/1c	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.	Work No. 62
7/5a	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion. To construct, divert, use and maintain utility connections and equipment including electric cables and telecommunication cablesequipment and apparatus including access with or without vehicles.	Work Nos. 63, 72 and 79
7/6a	To construct, operate, access and maintain a way suitable for use by the public as a footpath, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works
7/7c	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.	Work No. 63
7/7d	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.	Work No. 63
7/8b	To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it. To create a private right of access with or without vehicles, plant and machinery in favour of the owners of Blackwell Farm to take access over the plot for the purposes of agriculture. To construct, divert, use and maintain utility connections and equipment including electric cables and telecommunication cables equipment and apparatus including access with or without vehicles.	Work Nos. 72 and 105
7/8c	To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.	Work No. 64
8/2a	To construct, operate and maintain a drainage outfall including access with or without vehicles.	Work No. 94
8/3a	To construct, improve, operate, access and maintain a way suitable for use by the public on foot and by bicycle including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.	All works

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation for the compulsory purchase of land and interests in land.

2

(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (the “2021 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the 2021 Order) to acquire an interest in the land; and (c) the acquiring authority enter on and take possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

3

(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(a) for “land is acquired or taken from” substitute “ a right or restrictive covenant over land is purchased from or imposed on ”; and

(b) for “acquired or taken from him” substitute “ over which the right is exercisable or the restrictive covenant enforceable ”.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 29 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 23 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 26(1) (compulsory acquisition of rights)—

(a) with the modifications specified in paragraph 5; and

(b) with such other modifications as may be necessary.

5

(1) The modifications referred to in paragraph 4(a) are as follows.

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.

(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11 (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 23), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20 (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 29(4) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

(8) For Schedule 2A of the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 30 (application of the 1981 Act) of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 in respect of the land to which the notice to treat relates. (2) But see article 31(3) (acquisition of subsoil or airspace only) of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right of the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making the determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawing of the notice. (15) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Plot Reference Number shown on land plans	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development
1/3e	Working area and materials storage	All works
1/4c	Working area and materials storage, construction compounds	All works
1/5a	Working area and materials storage, including for removal of existing carriageway and reinstatement of land as arable field	Work No. 5
2/2b	Working area and materials storage	All works
2/2c	Decommissioning of 75 metres of electrical cable	Work No. 9
2/2d	Working area and materials storage	All works
2/4b	Working area and materials storage	All works
2/4c	The construction of B3151 link, works to the public highway, utility diversions under the public highway	Work Nos 16, 32 and 33
2/5b	Access to working area, materials storage	All works
2/5e	Working area and materials storage, construction compounds	All works
3/2c	Working area and materials storage	All works
4/1c	Works associated with the closure of local road at Downhead, the construction of Downhead Turning Head, utility diversions	Work Nos. 27 and 38
4/1i	The construction of Downhead Lane and accesses, utility diversions	Work Nos. 17, 43 and 44
4/1j	Working area and materials storage	All works
4/4c	Working area and materials storage	All works
4/4d	Working area and materials storage	All works
4/5a	The decommissioning of overhead electrical cables	Work 38A
4/5b	The decommissioning of overhead electrical cables	Work No. 38A
4/8c	Temporary highway diversions	All works
4/8e	Temporary highway diversions Construction and use of a temporary southern earthworks haul route	All works Work 49
5/1a	Working area and materials storage	All works
5/3d	The construction of Steart Hill Link and Steart Hill North Utility diversions	Work Nos. 41, 43, 44, 51 and 75
5/4a	Construction and use of a temporary southern earthworks haul route	Work No. 49
5/4b	Construction and use of a temporary southern earthworks haul route	Work No. 49
5/5b	The construction of Howell Hill Link (East)	Work No. 42
5/7a	Construction and use of a temporary northern earthworks haul route	Work No. 80
5/7b	Landscaping works and works to retain existing hedgerow	All works
5/7c	Working area for utility diversions	Work Nos. 45, 48 and 74
5/8c	Works to create alternative private means of access	Work No. 52
5/9c	Construction and use of a temporary southern earthworks haul route	Work No. 49
5/10a	Construction and use of a temporary northern earthworks haul route	Work No. 80
5/12a	Construction and use of a temporary northern earthworks haul route	Work No. 80
5/12b	Construction and use of a temporary northern earthworks haul route	Work No. 80
5/13b	Working area and materials storage	All works
6/1a	Works to local road junction at Camel Hill Construction and use of a temporary northern earthworks haul route	Work Nos. 67 and 80
6/1b	Construction and use of a temporary northern earthworks haul route	Work No. 80
6/1c	Works to local road junction at Camel Hill	Work Nos. 66 and 67
6/1d	Works to local road junction at Camel Hill	Work No. 66
6/2a	Works to local road junction at Camel Hill	Work No. 67
6/3a	Diversion of a public right of way in highway verge	All works
7/1b	Working area and materials storage	All works
7/4c	Working area for utility diversions	Work No. 77
7/5b	Construction of new multi-purpose Track 10 Diversion of a public right of way and utilities	Work Nos. 72 and 105
7/5c	Working area to widen existing highway junction	Work No. 104
8/1a	Diversion of a public right of way Utility diversions	All works Work No. 84
8/1c	Diversion of a public right of way Utility diversions	All works Work No. 84

SCHEDULE 8 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

2

In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989 ), belonging to or maintained by that utility undertaker for the purposes of electricity supply;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986 for the purposes of gas supply;in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; andin the case of a sewerage undertaker—any drain or works vested in the utility undertaker under the Water Industry Act 1991 ; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act,and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and

“utility undertaker” means—any licence holder within the meaning of Part 1 of the Electricity Act 1989;a gas transporter within the meaning of Part 1 of the Gas Act 1986;a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets

4

(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of use of streets and highways), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 21 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7

(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker's apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days' written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 45 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 45 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Facilities and rights for alternative apparatus

8

(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 45 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9

(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

(2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a utility undertaker under sub-paragraph (2) are to be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4) If a utility undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

(7) In relation to works which will or may be situated on, over, under or within 10 metres measured in any direction of any electricity apparatus, the plan to be submitted to the utility undertaker under sub-paragraph (1) must be detailed, include a method statement and describe—

(a) the exact position of the works;

(b) the level at which they are proposed to be constructed or renewed;

(d) the position of all electricity apparatus; and

(e) by way of detailed drawings, every alteration proposed to be made to such apparatus.

Expenses and costs

10

(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).

(2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 45 (arbitration) to be necessary then, if such placing involves cost exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

11

(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7 any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

(a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

(b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

(2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

(4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

Cooperation

12

Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker's undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

14

For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

15

In this Part of this Schedule—

“the 2003 Act” means the Communications Act 2003 ;

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in section 106 (application of the electronic communications code) of the 2003 Act;

“electronic communications code network” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; andan electronic communications network which the undertaker is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 (infrastructure system) of that code; and

“operator” means the operator of an electronic communications code network.

16

The exercise of the powers conferred by article 35 (statutory undertakers) is subject to Part 10 (undertaker's works affecting electronic communications apparatus) of the electronic communications code.

17

(1) Subject to sub-paragraphs (2) to (4), if as a result of the authorised development or its construction, or of any subsidence resulting from the authorised development—

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or

(b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 45 (arbitration).

(5) This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

(b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.

(6) Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and on operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 3 — FOR THE PROTECTION OF DRAINAGE AUTHORITIES

18

The provisions of this Part have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.

19

In this Part of this Schedule—

“construction” includes execution, placing, altering, replacing, relaying and removal, and “construct” is to be construed accordingly;

“drainage authority” means—the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991;in the case where the drainage board concerned is a member of the Somerset Drainage Board Consortium, that Consortium; orin the case of any area for which there is no such drainage board, the lead local flood authority within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010 ;

“drainage work” means any watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence which is the responsibility of the drainage authority subject to such changes as notified to the undertaker;

“ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991;

“plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to—affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;affect the flow, purity or quality of water in any watercourse; oraffect the conservation, distribution or use of water resources.

20

(1) Before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 28 days of the submission of the plans reasonably require.

(2) The undertaker must not commence construction of the specified work until approval, unconditionally or conditionally, has been given as provided in this paragraph.

(3) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 28.

(4) Any approval of the drainage authority required under this paragraph—

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later; and

(c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, for the protection of any navigation work, for the protection of water resources, for the prevention of pollution or in the discharge of its environmental functions.

(5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.

21

Without limiting the scope of paragraph 20, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage by reason of any specified work; or

(b) to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased,

by reason of any specified work.

22

(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 21, must be constructed—

(a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

(b) to the reasonable satisfaction of the drainage authority,

and an officer of the drainage authority is entitled to watch and inspect the construction of such works.

(2) The undertaker must give to the drainage authority—

(a) not less than 14 days' notice in writing of its intention to commence construction of any specified work; and

(b) notice in writing of its completion not later than 7 days after the date of completion.

(3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.

(4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice in writing require the undertaker at the undertaker's expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

(5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the undertaker.

(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

23

(1) Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of the specified work maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of the work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

(5) This paragraph does not apply to—

(a) drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

(b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule, provided that any obstruction is removed as soon as reasonably practicable.

24

If by reason of the construction of a specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.

25

The undertaker must indemnify the drainage authority in respect of all costs, charges and expenses which the drainage authority may reasonably incur, have to pay or sustain—

(a) in the examination or approval of plans under this Part of this Schedule;

(b) in inspecting the construction of the specified work or any protective works required by the drainage authority under this Part of this Schedule; and

(c) in carrying out any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified work.

26

(1) Without limiting the other provisions of this Part of this Schedule, the undertaker must indemnify the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the drainage authority by reason of—

(a) any damage to any drainage work;

(b) any raising or lowering of the water table in land adjoining the authorised project or in any sewers, drains and watercourses; or

caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

27

The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.

28

Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 45 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Energy Security and Net Zero acting jointly on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other.

PART 4 — FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING VEHICULAR HIGHWAYS

29

The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and the local highway authority.

30

In this Part of this Schedule—

“Commuted Sum” means the sum to be paid by the undertaker to the local highway authority for the future maintenance of Non-standard Highway Assets not previously forming part of the local highway which will be transferred to the local highway authority, as calculated in accordance with paragraph 50 of this Part of this Schedule;

“Design Detailing” in relation to any Works, means any detailed design or amended detailed design relating to those Works which is approved by the Secretary of State pursuant to requirement 12(1) or (4);

“Detailed Information” means the following drawings, specifications and other information relating to the local highway, which must be in accordance with the Design Detailing—boundary, environmental and mitigation fencing;road restraint systems (vehicle and pedestrian);drainage and ducting;earthworks;road pavements;kerbs, footways and paved areas;traffic signs and road markings;road lighting (including columns and brackets);electrical work for road lighting and traffic signs;highway structures;landscaping, planting and any boundary features which will form part of the local highway;utility diversions;a schedule of timings for the works, including dates and durations for any closures of any part of the local highway;traffic management proposals including any diversionary routes;a schedule of condition of all local highway within the order limits; andwhere local highway is occupied under this Order in connection with any Works but is not itself subject to Works, specification of the condition in which the local highway will be returned post occupation;

“Detailed Local Operating Agreement” means an agreement made pursuant to paragraph 32 of this Part of this Schedule;

“local highway” means any public, vehicular highway which vests or is intended at the completion of works to vest in or be otherwise maintainable by the local highway authority;

“local highway authority” means Somerset County Council;

“Non-standard Highway Assets” means highway assets which the local highway authority will become responsible for maintaining and which incur maintenance costs beyond the normal costs of maintaining the public highway having regard to the lists of standard and non-standard assets set out in paragraph 50(2) of this Part of this Schedule;

“Other Detailed Information” relating to any Works, means—a schedule of timings for the Works, including dates and durations of any closures of any part of a local highway;traffic management proposals, including any diversionary routes and any Detailed Local Operating Agreement;a schedule of condition of the affected local highway within the Order limits; andwhere the local highway is occupied under this Order in connection with the Works but Works are not undertaken on, to or under the local highway, a specification of the condition in which the local highway will be returned after the occupation has finished;

“Provisional Certificate” means a certificate issued by the local highway authority to certify that the Works to which the certificate relates have been completed in accordance with this Part of this Schedule and are ready for use for public traffic; and

“Works” means any works authorised by this Order undertaken on, to or under any local highway.

31

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(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up	(4) New private means of access to be substituted/provided
Yeovilton West Camel	Field access off the northern verge of the A303 at Eastmead Lane.	Reference B1 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	Reference 1 via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near the slip road to Podimore.	Reference B2 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	References 2 and 2A via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near the slip road to Podimore.	Reference B3 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	Reference 3 via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
Yeovilton West Camel	Field access off the southern verge of the A303 near the slip road to Podimore.	Reference B4 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	References 4 and 5 via Tracks 4 and 9 from Camel Cross Link, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near the slip road to Podimore.	Reference B5 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.	References 6 and 6A via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Camel Cross.	Reference B6 shown in solid black in Inset D of sheet 2 of the Rights of Way and Access Plans.	Reference 7 via Track 2 from Downhead Lane, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Camel Cross.	Reference B7 shown in solid black in Inset D of sheet 2 of the Rights of Way and Access Plans.	Reference 8 via Track 2 from Downhead Lane, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the western verge of the un-named local road at Plowage.	Reference B8 shown in solid black in Inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 9 via Track 2 from Downhead Lane, shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the eastern verge of the un-named local road at Plowage.	Reference B9 shown in solid black in Inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 10 shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Access to The Spinney, off the eastern verge of the un-named local road at Plowage.	Reference B10 shown in solid black in Inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 11 shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Access to Hill View, off the southern verge of the A303 near Canegore Corner.	Reference B11 shown in solid black in Inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 18 shown on sheet 3 of the Rights of Way and Access Plans.
West Camel	Field access off Slate Lane, Steart Hill.	Reference B12 shown in solid black in Inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 30 shown on sheet 3 of the Rights of Way and Access Plans.
West Camel Queen Camel	Field access off the southern verge of the A303 near Canegore Corner.	Reference B13 shown in solid black in inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 20 via Track 6 from Howell Hill Link (East), shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Field access off the southern verge of the A303 near Camel Hill.	Reference B14 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.	Reference 21 via Track 7 from Traits Lane Turning Head, shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Access off the northern verge of the A303 at Camel Hill.	Reference B15 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.	Reference 23 via local road at Camel Hill and Vale Farm Link, shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel	Access off the northern verge of the A303 to Pepper Hill Cottage.	Reference B17 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.	Reference 24, as shown on sheet 3 of the Rights of Way and Access Plans.
Queen Camel Sparkford	Access off the Hazlegrove Roundabout to Hazlegrove School.	Reference B18 shown in solid black in inset H of sheet 4 of the Rights of Way and Access Plans.	Reference 27 from Camel Hill Link, as shown on sheet 4 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the A303 near Steart Hill.	Reference B19 shown in solid black in inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 14 as shown on sheet 2 of the Rights of Way and Access Plans.
Queen Camel	Field access off Traits Lane.	Reference B23 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.	Reference 22 as shown on sheet 3 of the Rights of Way and Access Plans.
West Camel	Field access off the northern verge of the B3151 near Camel Cross.	Reference B24 shown in solid black in inset D of sheet 2 of the Rights of Way and Access Plans.	Reference 31 as shown on sheet 1 of the Rights of Way and Access Plans.
West Camel	Field access off the southern verge of the A303 near Plowage.	Reference B25 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 28 as shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the southern verge of the A303 near Plowage.	Reference B26 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.	Reference 29 as shown on sheet 2 of the Rights of Way and Access Plans.
West Camel	Field access off the eastern verge of Steart Hill near the garage.	Reference B28 shown in solid black in inset F of sheet 3 of the Rights of Way and Access Plans.	Reference 32 as shown on sheet 3 of the Rights of Way and Access Plans.