The A47/A11 Thickthorn Junction Development Consent Order 2022

Type Statutory-Instrument
Publication 2022-10-14
Last updated 2023-07-31
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API
  • (11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.
  • (12) In this article “the maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

Statutory undertakers

36
  • (1) Subject to the provisions of article 27 (compulsory acquisition of rights and imposition of restrictive covenants), Schedule 9 (protective provisions) and paragraph (2), the undertaker may—
  • (a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and
  • (b) extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land.
  • (2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—
  • (a) Part 3 (street works in England and Wales) of the 1991 Act; and
  • (b) article 37 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

37
  • (1) Where a street is stopped up under article 17 (permanent stopping up and restriction of use of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.
  • (2) Where a street is stopped up under article 17 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—
  • (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or
  • (b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).
  • (3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—
  • (a) the execution of the relocation works required in consequence of the stopping up of the street; and
  • (b) the doing of any other work or thing rendered necessary by the execution of the relocation works.
  • (4) If in the course of the execution of relocation works under paragraph (2)
  • (a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or
  • (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess.

  • (5) For the purposes of paragraph (4)
  • (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
  • (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.
  • (6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.
  • (7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—
  • (a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and
  • (b) the allowable costs are to be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.
  • (8) In this article—
  • relocation works” means work executed, or apparatus provided, under paragraph (2); and
  • statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation of Chapter 1)[^f00075] of the Communications Act 2003.

Recovery of costs of new connections

38
  • (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 36 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.
  • (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 36, any person who is—
  • (a) the owner or occupier of premises the drains of which communicated with that sewer; or
  • (b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

  • (3) This article does not have effect in relation to apparatus to which article 37 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.
  • (4) In this paragraph—
  • public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003; and
  • public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

39
  • (1) The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—
  • (a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or
  • (b) from constituting a danger to persons using the authorised development.
  • (2) In carrying out any activity authorised by paragraph (1) or (4), the undertaker must-—
  • (a) do no unnecessary damage to any tree or shrub;
  • (b) ensure all works are carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other more suitable recognised codes of good practice provided these meet or exceed the appropriate British Standards;
  • (c) pay compensation to any person for any loss or damage arising from such activity; and
  • (d) take steps to avoid a breach of the provisions of the Wildlife and Countryside Act 1981[^f00076] and the Conservation of Habitats and Species Regulations 2017[^f00077] or any successor acts and regulations.
  • (3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act .
  • (4) Subject to paragraph (2), the undertaker may, for the purposes of carrying out the authorised development —
  • (a) remove any hedgerows within the Order limits and specified in Part 1 (removal of hedgerows) of Schedule 8; and
  • (b) remove the important hedgerows as are within the Order limits and specified in Part 2 (removal of important hedgerows) of Schedule 8.
  • (c) without limitation on the scope of sub-paragraph (a), and with the consent of the local authority in whose area the hedgerow is located, remove or translocate any hedgerow within the Order limits that is required to be removed.
  • (5) The grant of consent of a local authority in terms of paragraph (4)(c) must not be unreasonably withheld.
  • (6) If a local authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (4)(c) the local authority is deemed to have granted consent.
  • (7) Any application to which this article applies must include a statement that the provisions of paragraph (6) apply to that application.
  • (8) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerows Regulations 1997[^f00078].

Trees subject to tree preservation orders

40
  • (1) The undertaker may fell or lop any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after 17 July 2020 if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub—
  • (a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or
  • (b) from constituting a danger to passengers or other persons using the authorised development.
  • (2) In carrying out any activity authorised by paragraph (1)
  • (a) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity;
  • (b) the duty contained in section 206(1) (replacement of trees)[^f00079] of the 1990 Act is not to apply although where possible the undertaker is to seek to replace any trees which are removed; and
  • (c) the undertaker must consult the relevant planning authority prior to that activity taking place.
  • (3) The authority given in paragraph (1) constitutes a deemed consent under the relevant tree preservation order.
  • (4) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

PART 7 — MISCELLANEOUS AND GENERAL

Removal of human remains

41
  • (1) Before the undertaker carries out any development or works which will or may disturb any human remains it must remove those human remains, or cause them to be removed, in accordance with the following provisions of this article.
  • (2) Before any such remains are removed 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 land for a minimum of 28 days.
  • (3) As soon as reasonably practicable after the first publication of a notice under paragraph (2), the undertaker must send a copy of the notice to the relevant planning authority.
  • (4) At any time within 56 days after the first publication of a notice under paragraph (2) any person who is a personal representative or relative of any deceased person whose remains are interred in the land specified in the notice may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.
  • (5) Where a person has given notice under paragraph (4), 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 must, 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 (10).

  • (6) If the undertaker is not satisfied that any person giving notice under paragraph (4) 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.
  • (7) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under powers conferred by this article.
  • (8) If—
  • (a) within the period of 56 days referred to in paragraph (4) 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 (6) 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 (6) 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 (9) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves must be re-interred in individual containers which must be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

  • (9) If the undertaker is satisfied that any person giving notice under paragraph (4) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.
  • (10) On the re-interment or cremation of any remains under powers conferred by this article—
  • (a) a certificate of re-interment or cremation must be sent by the undertaker to the Registrar General 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 (8) must be sent by the undertaker to the relevant planning authority.
  • (11) The removal of the remains of any deceased person under powers conferred by this article must be carried out in accordance with any directions which may be given by the Secretary of State.
  • (12) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.
  • (13) Section 25 (offence of removal of body from burial ground)[^f00080] of the Burial Act 1857 does not apply to a removal carried out in accordance with this article.
  • (14) Section 3 (burial not to take place after Order in Council for discontinuance)[^f00081] of the Burial Act 1853 does not apply to a removal carried out in accordance with this article.
  • (15) In this article, “the specified land” means any land within the Order limits.

Application of landlord and tenant law

42
  • (1) This article applies to—
  • (a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and
  • (b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

  • (2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.
  • (3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—
  • (a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;
  • (b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or
  • (c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

43

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

44
  • (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 paragraphs (fb) and (g) 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)[^f00082] of that Act if—
  • (a) the defendant shows that the nuisance—
  • (i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites)[^f00083] of the Control of Pollution Act 1974; or
  • (ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or
  • (b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.
  • (2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990)[^f00084] 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.

No double recovery

45

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

Disregard of certain improvements etc.

46
  • (1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the tribunal must not take into account—
  • (a) any interest in land; or
  • (b) any enhancement of the value of any interest in land by reason of any building erected, works carried out or improvement or alteration made on the relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the carrying out of the works or the making of the improvement or alteration as part of the authorised development was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

  • (2) In paragraph (1)relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works constructed or the improvement or alteration made as part of the authorised development, directly or indirectly concerned

Set off for enhancement in value of retained land

47
  • (1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.
  • (2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 27 (compulsory acquisition of rights and imposition of restrictive covenants), the tribunal must set off against the value of the rights so acquired—
  • (a) any increase in the value of the land over which the new rights are required; and
  • (b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

  • (3) The 1961 Act has effect, subject to paragraphs (1) and (2) as if this Order were a local enactment for the purposes of that Act.

Protection of interests

48

Schedule 9 (protective provisions) has effect.

Certification of documents, etc.

49
  • (1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 10 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.
  • (2) Where any plan or document set out in Schedule 10 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).
  • (3) A plan or document so certified will be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

50
  • (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)[^f00085] 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.
  • (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

51

Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

Crown Rights

52
  • (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 his 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 his 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 his 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 Norfolk County Council and South Norfolk District Council

The authorised development is a nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general)[^f00086] and 22 (highways)[^f00087] of the 2008 Act and associated development as defined in section 115(2) (development for which development consent may be granted)[^f00088] of the 2008 Act, comprising:

Work No. 1 – works to existing B1172 Norwich Road to create a new junction between B1172 Norwich Road and the Cantley Lane Link Road (Work No. 2) including an access to the new Cantley Lane Link Road and a ghost island turning provision together with associated utilities diversions, embankments and drainage, as shown on sheet 5 of the works plans;

Work No. 2 – a new 949 metre length of carriageway and footways, embankment, approaches and associated drainage to form the new Cantley Lane Link Road from a point connecting to the new junction at B1172 Norwich Road (Work No. 1) to its connection with Cantley Lane South including private accesses for the construction compounds (Work Nos. 3 and 5), shown on sheets 3 and 5 of the works plans;

Work No. 3 – a temporary construction compound and material storage and processing area south-west of the new B1172 Norwich Road and Cantley Lane Link Road junction (Work No. 1) shown on sheet 5 of the works plans;

Work No. 4 – a new drainage basin and associated drainage, west of Cantley Lane Link Road, between B1172 Norwich Road and the A11, outfalling into Cantley Stream, shown on sheet 3 of the works plans;

Work No. 5 – a temporary construction compound and material storage and processing area south-east of the new B1172 Norwich Road and Cantley Lane Link Road junction (Work No. 1) shown on sheet number 5 of the works plans;

Work No. 6 – a new detention basin and associated drainage south of the A47 and east of Cantley Lane South, outfalling into Cantley Stream, shown on sheet 7 of the works plans;

Work No. 7 – a temporary material storage area south of the Thickthorn Park and Ride’s proposed extension area and east of Cantley Lane Link Road (Work No. 2) shown on sheets 3, 5 and 6 of the works plans;

Work No. 8 – vegetation stripping and temporary fencing required to relocate watervoles in the section of Cantley Stream between Cantley Lane South and the A47 shown on sheets 3 and 7 of the works plans;

Work No. 9 – a new drivable maintenance access track to the drainage basin west of Cantley Lane Link Road (Work No. 4) and associated drainage, shown on sheet 5 of the works plans;

Work No. 10 – a new Cantley Lane Underpass structure, embankments, drainage, and access ramps beneath the A47 to accommodate the proposed A11/A47 Connector Road (Work No. 24) shown on sheet 6 of the works plans;

Work No. 11 – extension of the existing driveable access track through the bridge extension (Work No. 31) under the A11/A47 Connector Road (Work No. 24), shown on sheet 3 of the works plans;

Work No. 12 – a new driveable access track and associated drainage, east of the A11, west of Cantley Lane South and south of Cantley Stream, between Cantley Lane South for 383 metres to the extended Cantley Stream underpass (Work No.31), shown on sheet 3 of the works plans;

Work No. 13 – works to realign Cantley Stream to accommodate the Cantley Lane Link Road (Work No. 2) and its new junction with the realigned Cantley Lane South (Work No. 14), shown on sheet 3 of the works plans;

Work No. 14 – a combination of new and realigned carriageway either side of the new junction with Cantley Lane Link Road (Work No. 2) consisting of new carriageway, footways, embankments, approaches, associated drainage, improvements to private accesses to form the realigned Cantley Lane South, shown on sheet 3 of the works plans;

Work No. 15 – a new driveable access track from the realigned Cantley Lane South (Work No.14) to an existing property to the west, shown on sheet 3 on the works plans;

Work No. 16 – a new driveable access track from Cantley Lane South, north of the new junction with the Cantley Lane Link Road (Work No.2) to existing properties to the east, shown on sheet 3 on the works plans;

Work No. 17 – a new drivable maintenance access track running southwards for 213 metres to the detention basin south of the A47 (Work No. 6), including embankments, approaches, associated drainage and private field accesses, shown on sheet 7 of the works plans;

Work No. 18 – a new carriageway, drainage, embankments and associated access ramps from Cantley Lane Footbridge Cringleford (Work No. 35) and over the A47 connecting Cantley Lane South (south west of A47) for 356 metres to Cantley Lane (north east of A47), shown on sheet 7 of the works plans;

Work No. 19 – a new Ward’s Wood Underpass structure, embankments, drainage and access ramps, beneath the A11 to accommodate the proposed A11/A47 Connector Road shown on sheet 6 of the works plans;

Work No. 20 – a new Cantley Wood Overbridge structure, embankments, drainage and access ramps to the new bridge structure over the A11 to accommodate the proposed Cantley Lane Link Road (Work No. 2) shown on sheet 3 of the works plans;

Work No. 21 – existing carriageway altered to provide new A47 southbound merge slip road, embankments, approaches, and associated drainage connecting Thickthorn junction to the A47 southbound, shown on sheets 6 and 7 of the works plans;

Work No. 22 – a new driveable access track from Cantley Lane South for 258 metres to the fields north of Big Wood, shown on sheets 3 and 6 of the works plans;

Work No. 23 – two earthwork landscaping bunds on the south side of the A11/A47 connector road (Work No. 24), shown on sheet 6 of the works plans;

Work No. 24 – a new 1516 metre length of carriageway, embankments and associated drainage to form the A11/A47 Connector Road, taking traffic from the A11 northbound to the A47 southbound and works associated with the stopping up of Cantley Lane, shown on sheets 2, 3, 6 and 7 of the works plans;

Work No. 25 – earthwork landscaping bund south of Thickthorn junction and north of the A11/A47 Connector Road (Work No.24), between the A11 and A47, shown on sheet 6 of the works plans;

Work No. 26 – existing carriageway altered and new carriageway and footway, embankment and associated drainage to form the segregated left turn lane from the A47 westbound approach to the A11 southbound, shown on sheet 6 of the works plans;

Work No. 27 – resurfacing, signing, lining and ducting around Thickthorn junction and widening of the southern side of Thickthorn junction, construction of a maintenance bay and associated roundabout works shown on sheet 6 of the works plans;

Work No. 28 – improvement works to the existing A11 approaching Thickthorn junction, including signing and lining works shown on sheet 6 of the works plans;

Work No. 29 – alteration of the existing carriageway at the junction of Station Lane with the A11, including a new entry slip road, new carriageway, embankments and associated drainage, shown on sheet 1 of the works plans;

Work No. 30 – central construction compound and material storage and processing area east of A11 and north of Big Wood and Cantley Stream, as shown on sheets 3 and 6 of the works plans;

Work No. 31 – extension of the existing A11 bridge structure under the A11 to accommodate the new A11/A47 Connector Road (Work No. 24); shown on sheet 3 of the works plans;

Work No. 32 – construction compound and material storage and processing area east of the A47 and south of Cantley Lane shown on sheet 7 of the works plans;

Work No. 33 – Cantley Stream culvert structure underneath the realigned Cantley Lane South (Work No. 14), shown on sheet 3 of the works plans;

Work No. 34 – diversion of surface water sewer west of the A11 between Cantley Lane Link Road (Work No.2) and Cantley Stream, shown on sheet numbers 3, 5 and 6 of the works plans;

Work No. 35 – new bridge structure for Cantley Lane Footbridge (Cringleford) carrying the new carriageway (Work No. 18) from Cantley Lane South (south west of A47) over the A47 to Cantley Lane (north east of A47), shown on sheet 7 of the works plans;

Work No. 36 – diversion and removal of electricity cables south of the A47 between the A11 and Cantley Lane South to accommodate Work Nos. 21, 22, 23, 24 and 25 shown on sheets 3 and 6 of the works plans;

Work No. 37 – diversion and removal of electricity cables and electronic communications at Cantley Lane South, shown on sheet numbers 3 and 7 of the works plans;

Work No. 38 – diversion and removal of potable water pipelines, electricity cables, sewer pipelines and electronic communications east and west of Cantley Lane South to accommodate Work Nos. 2, 12, 13, 14, 15 and 33, shown on sheet number 3 of the works plans;

Work No. 39 – demolition of existing footbridge over the A47 linking Cantley Lane with Cantley Lane South shown on sheet no 7 of the works plans;

Work No. 40 – diversion and removal of potable water pipelines, electricity cables, gas main and electronic communications on both sides of and crossing underneath the A47 to accommodate Work Nos. 18 and 24, shown on sheet number 7 of the works plans;

Work No. 41 – diversion of electronic communications north of Cantley Lane along the east side of the A47 and the new A11/A47 Connector Road (Work No. 24) to accommodate Work Nos. 21, 24, 26, 27 and 39, shown on sheets 6 and 7 of the works plans;

Work No. 42 – diversion and removal of 132kv electricity cables north east of the A47 to accommodate Work Nos. 21, 22, 24, 35 and 39, shown on sheet number 7 of the works plans;

Work No. 43 – temporary construction compound and material storage processing area north of A11 and east of Station Lane, as shown on sheet 1 of the works plans;

Work No. 44 – new Cantley Wood Link Road Overbridge structure, embankments, drainage and access ramps to the new bridge structure over the A11/A47 Connector Road (Work No.24) to accommodate the proposed Cantley Lane Link Road (Work No. 2) shown on sheet 3 of the works plans;

Work No. 46 – diversion and removal of potable water pipeline, 11kv electricity cables, electronic communications and gas main on both sides of the new B1172 Norwich Road junction (Work No.1), shown on sheet number 5 of the works plans;

Work No. 47 – diversion, removal or alteration of the sewer pipelines underneath and either side of the A11 to accommodate Work Nos. 12 and 24, shown on sheet number 3 of the works plans;

Work No. 48 – removal of electricity overhead lines crossing the A47 north west of the existing footbridge to accommodate Work Nos. 10, 21, 22, 23 and 24, shown on sheets 6 and 7 of the works plans;

Work No. 49 – alterations to sewer pipelines, as shown on sheet 7 of the works plans.

And for the purposes of or in connection with the construction of any of those works mentioned above, further development within the Order limits which does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement 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, installing low noise surfacing and landscaping sections of abandoned sections;
  • (b) works required for the strengthening, improvement, maintenance or reconstruction of any street;
  • (c) ramps, means of access, non-motorised links, footpaths, cycle tracks and crossing facilities;
  • (d) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, barriers, pumping stations, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts;
  • (e) street works, including breaking up or opening up a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;
  • (f) works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, soakaways, pipes, cables, ducts and lights;
  • (g) works to alter the course of or otherwise interfere with a watercourse;
  • (h) 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;
  • (i) works for the benefit or protection of land affected by the authorised development;
  • (j) 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;
  • (k) the felling of trees;
  • (l) 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;
  • (m) the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development; and
  • (n) 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—

  • completed” means the relevant parts of the authorised development are completed and fully open to traffic and “completion” is to be construed accordingly;
  • contaminated land” has the same meaning as that term is given in section 78A (preliminary)[^f00089] of the Environmental Protection Act 1990;
  • DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;
  • drainage strategy” means Appendix 13.2 of the environmental statement;
  • EMP (First Iteration)” means the first iteration of the environmental management plan produced in accordance with the Design Manual for Roads and Bridges during the preliminary design stage and certified by the Secretary of State as the environmental management plan for the purposes of the Order under article 49 (certification of documents, etc.);
  • EMP (Second Iteration)” means the second iteration of the environmental management plan produced in accordance with the DMRB, which is to be a refined version of the EMP (First Iteration) including more detailed versions of the outline plans contained or listed within the EMP (First Iteration) or any other plans as required;
  • EMP (Third Iteration)” means the third iteration of the environmental management plan produced in accordance with the DMRB, which is a refined version of the EMP (Second Iteration) and which relates to the operational and maintenance phase of the authorised development;
  • environmental masterplan” means the document of that description certified by the Secretary of State as the environmental masterplan under article 49 (certification of documents, etc.);
  • 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[^f00090]);
  • lead local flood authority” has the same meaning as in section 6 (other definitions)[^f00091] of the Flood and Water Management Act 2010;
  • LEMP” means the landscape and ecology management plan which is Annex B.5 of the EMP (Second Iteration);
  • Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;
  • nationally protected species” means any species protected under the Wildlife and Countryside Act 1981[^f00092];
  • Ørsted” means Ørsted Hornsea Project Three (UK) Limited (company number 08584210), whose registered office is at 5 Howick Place, London, SW1P 1WG; and
  • REAC” means the Register of Environmental Actions and Commitments forming table 3.1 of the EMP (First Iteration).

Time limits

2

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

Detailed design

3
  • (1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the engineering drawings and sections and the report mentioned in sub-paragraph (3), unless otherwise agreed in writing by the Secretary of State, provided that the Secretary of State is satisfied that any amendments to the engineering drawings and sections showing departures from the preliminary scheme design (arising from the report or otherwise) would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
  • (2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available online for inspection by members of the public.
  • (3) The report mentioned in sub-paragraph (1), is a report to be prepared by the undertaker of its findings following a review of the design of the bridges, underpasses, and structures of the authorised development; the review to be carried out in consultation with the relevant planning authority and the local highway authority.

Environmental Management Plan

4
  • (1) No part of the authorised development is to commence until an EMP (Second Iteration) for that part, substantially in accordance with the EMP (First Iteration) has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, local highway authority, lead local flood authority, the Environment Agency and Natural England to the extent that the content of the EMP (Second Iteration) relates to matters relevant to their functions.
  • (2) The EMP (Second Iteration) for any part of the authorised development must be written in accordance with ISO14001 and so far as is relevant to that part of the authorised development, must reflect the mitigation measures required by the REAC and set out in the Environmental Statement and must include as many of the following plans and strategies as are applicable to the part of the authorised development to which it relates—
  • (a) Site waste management plan;
  • (b) Materials management plan;
  • (c) Soil management plan;
  • (d) Construction noise and dust management plan;
  • (e) Construction communication strategy;
  • (f) Landscape and ecology management plan;
  • (g) Temporary surface water drainage strategy;
  • (h) Detailed heritage Written Scheme of Investigation;
  • (i) Invasive Non-Native Species management plan;
  • (j) Operational Unexploded Explosive Ordnance Emergency Response Plan; and
  • (k) Water monitoring and management plan.
  • (3) The relevant part of the authorised development must be constructed in accordance with the approved EMP (Second Iteration).
  • (4) On completion of construction of each part of the authorised development the EMP (Third Iteration) relating to that part must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the relevant local highway authority to the extent that the content of the EMP (Third Iteration) relates to matters relevant to their functions.
  • (5) The relevant part of the authorised development must be operated and maintained in accordance with the EMP (Third Iteration).

Landscaping

5
  • (1) The authorised development must be landscaped in accordance with a landscaping scheme which sets out details of all proposed hard and soft landscaping works and which has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its functions.
  • (2) The landscaping scheme prepared under sub-paragraph (1) must reflect the mitigation measures set out in the REAC and be based on the environmental masterplan.
  • (3) The landscaping scheme prepared under sub-paragraph (1) must include details of—
  • (a) location, number, species mix, size and planting density of any proposed planting;
  • (b) cultivation, importing of materials and other operations to ensure plant establishment;
  • (c) existing trees to be retained, with measures for their protection during the construction period;
  • (d) proposed finished ground levels;
  • (e) implementation timetables for all landscaping works; and
  • (f) measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the landscaping scheme that, within a minimum period of 5 years after the completion of the part of the authorised development to which the relevant landscaping scheme relates, dies, becomes seriously diseased or is seriously damaged, unless the LEMP specifies a longer replacement period; and
  • (g) how the landscaping scheme addresses the guidance in paragraph 4.29 of the National Policy Statement for National Networks for the appearance of national network projects to demonstrate good design as far as possible.
  • (4) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other more suitable recognised codes of good practice provided these meet or exceed the appropriate British Standards.

Contaminated land and groundwater

6
  • (1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.
  • (2) Where the risk assessment prepared in accordance with sub-paragraph (1) determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose and to prevent any impacts on controlled waters must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its function and the Environment Agency.
  • (3) Remediation must be carried out in accordance with the approved scheme.

Protected species

7
  • (1) No part of the authorised development is to commence until for that part, final preconstruction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the relevant works, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.
  • (2) Following pre-construction survey work or at any time when carrying out the authorised development, where—
  • (a) a European or nationally protected species is shown to be present, or where there is a reasonable likelihood of it being present;
  • (b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and
  • (c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

  • (3) The undertaker must consult with Natural England on the scheme referred to in sub-paragraph (2) prior to submission to the Secretary of State for approval.
  • (4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation by the undertaker with Natural England, and under any necessary licences.

Surface water drainage

8
  • (1) No part of the authorised development is to commence until for that part written details of the surface water drainage system, reflecting the drainage strategy and the mitigation measures set out in the REAC including means of pollution control, have been submitted to and approved in writing by the Secretary of State following consultation by the undertaker with the lead local flood authority and the Environment Agency on matters related to their function.
  • (2) The surface water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the lead local flood authority and the Environment Agency on matters related to their function, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Archaeological remains

9
  • (1) No part of the authorised development is to commence until for that part a written scheme of investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the REAC, has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, Norfolk County Council Historic Strategy and Advice Team and Historic England on matters related to their function.
  • (2) The authorised development must be carried out in accordance with the approved scheme referred to in sub-paragraph (1).

Traffic management

10
  • (1) No part of the authorised development comprising the construction, alteration or improvement of Work No. 24 is to commence until a traffic management plan substantially in accordance with the outline traffic management plan, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the local highway authority on matters related to its function and Ørsted in relation to any impact on construction traffic in respect of The Hornsea Three Offshore Wind Farm Order 2020[^f00093].
  • (2) The authorised development must be constructed in accordance with the approved traffic management plan referred to in sub-paragraph (1).

Fencing

11

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with Manual of Contract Documents for Highway Works maintained by or on behalf for the undertaker except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.

Approvals and amendments to approved details

12

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

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

13
  • (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—
  • (a) the day immediately following that on which the application is received by the Secretary of State;
  • (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 14 (further information); or
  • (c) such longer period as may be agreed between the parties.
  • (2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
  • (3) Where—
  • (a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;
  • (b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and
  • (c) the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

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

Further information

14
  • (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.
  • (3) In the event that the Secretary of State does not give such notification within the 21 business days mentioned in sub-paragraph (2) 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.
  • (4) 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 13 (applications made under requirements) and in this paragraph.
  • (5) 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)[^f00094] of the Banking and Financial Dealings Act 1971.

Register of requirements

15
  • (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

16

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

Details of consultation

17

In relation to any provision of this Schedule requiring details to be submitted to the Secretary of State for approval following consultation by the undertaker with another party, the undertaker must provide such other party with not less than 20 business days for any response to the consultation and thereafter the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

SCHEDULE 3 — CLASSIFICATIONS OF ROADS, ETC.

PART 1 — TRUNK ROADS

(1) Area (2) Length of road
The classification of roads plans – sheet 2 The classification of roads plans – sheet 2
Hethersett; Ketteringham; Cringleford New link Road between the A11 northbound and the A47 southbound A 1725 metre length of carriageway to be classified as part of the A47 Trunk Road from point K, 796 metres north east of the A11 junction with Station Lane in an easterly direction to point L (sheet 7).
The classification of roads plans – sheet 6 The classification of roads plans – sheet 6
Ketteringham New northbound diverge slip road A 570 metre length of carriageway to be classified as part of the A47 Trunk Road from point I 162 metres north of the centreline of the existing Cantley Lane South overbridge in a north-westerly then south-westerly direction to point J.
Cringleford New southbound merge slip road A 694 metre length of carriageway to be classified as part of the A47 Trunk Road from point M, 42 metres east of the centreline of the Thickthorn Junction overbridge in a southerly direction to point N (sheet 7).

PART 2 — CLASSIFIED B ROADS

(1) Area (2) Length of road
The classification of roads plans – sheet 5 The classification of roads plans – sheet 5
Hethersett B1172 Norwich Road A 250 metre length of carriageway to be classified as part of the B1172 (including existing highway to be improved. From point D, 118 metres east from the centreline of its junction with the new Cantley Lane Link Road, in a westerly direction to point C.

PART 3 — CLASSIFIED C ROADS

(1) Area (1) Area (2) Length of road
The classification of roads plans – sheet 1 The classification of roads plans – sheet 1 The classification of roads plans – sheet 1
Hethersett Station Lane Junction (including existing highway to be improved) A 220 metre length of carriageway to be classified as C Road from point A, 60 metres north west of the junction with the A11 in a south-easterly and then north-easterly direction to point B. Station Lane Junction (including existing highway to be improved) A 220 metre length of carriageway to be classified as C Road from point A, 60 metres north west of the junction with the A11 in a south-easterly and then north-easterly direction to point B.
The classification of roads plans – sheet 3 The classification of roads plans – sheet 3 The classification of roads plans – sheet 3
Ketteringham Cantley Lane South A 194 metre length of carriageway from point G, 105 metres south of the centre of the junction with Cantley Lane Link Road in a northerly direction to point H. Cantley Lane South A 194 metre length of carriageway from point G, 105 metres south of the centre of the junction with Cantley Lane Link Road in a northerly direction to point H.
The classification of roads plans – sheet 5 The classification of roads plans – sheet 5 The classification of roads plans – sheet 5
Hethersett; Ketteringham Cantley Lane Link Road A 947 metre length of highway to be classified as C Road, from point E at its junction with the B1172, in a south-easterly direction to point F (sheet 3). Cantley Lane Link Road A 947 metre length of highway to be classified as C Road, from point E at its junction with the B1172, in a south-easterly direction to point F (sheet 3).

PART 4 — SPEED LIMITS

Note: where speed limits are indicated on the plans relating to this Part (the traffic regulation plans) but are not referenced in this Schedule they indicate that national speed limits apply in accordance with either:

  • (a) the national speed limit set out in—
  • (i) section 86 (speed limits for particular classes of vehicles)[^f00095] and Schedule 6 (speed limits for particular classes of vehicles)[^f00096] of the 1984 Act and
  • (ii) the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977, as varied by the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) (Variation) Order 1978 and continued indefinitely by Regulation 2 of the 70 Miles Per Hour, 60 Miles Per Hour and 50 Miles Per Hour (Temporary Speed Limit) (Continuation) Order 1978[^f00097]; or
  • (b) sections 81 (general speed limits for restricted roads) and 82 (what roads are restricted roads)[^f00098] of the 1984 Act (section 82 defines ‘restricted roads’, for the purposes of section 81, by reference to street lighting),

and are not subject to this Order. For details of the scheme lighting design, refer to the general arrangement plans.

(1) Parish (1) Parish (2) Road name, number and length (2) Road name, number and length (3) Speed Limit
The traffic regulation plans – sheet 1 The traffic regulation plans – sheet 1 The traffic regulation plans – sheet 1 The traffic regulation plans – sheet 1 The traffic regulation plans – sheet 1
Hethersett Station Lane approach to A11 From point A, 60 metres north west of the junction with the A11 in a south-easterly and then north-easterly direction to point B, a distance of 217 metres. Station Lane approach to A11 From point A, 60 metres north west of the junction with the A11 in a south-easterly and then north-easterly direction to point B, a distance of 217 metres. 50 miles per hour 50 miles per hour
The traffic regulation plans – sheet 3 The traffic regulation plans – sheet 3 The traffic regulation plans – sheet 3 The traffic regulation plans – sheet 3 The traffic regulation plans – sheet 3
Ketteringham Cantley Lane South From point G, a distance of 105 metres south of the centre of the junction with Cantley Lane Link Road in a northerly direction to point H, a distance of 134 metres. Cantley Lane South From point G, a distance of 105 metres south of the centre of the junction with Cantley Lane Link Road in a northerly direction to point H, a distance of 134 metres. 40 miles per hour 40 miles per hour
Ketteringham Cantley Lane South From point H, a distance of 30 metres north of the centre of the junction with Cantley Lane Link Road in a north-easterly direction to point I (sheet 7), a distance of 62 metres. Cantley Lane South From point H, a distance of 30 metres north of the centre of the junction with Cantley Lane Link Road in a north-easterly direction to point I (sheet 7), a distance of 62 metres. 20 miles per hour 20 miles per hour
Hethersett; Ketteringham; Cringleford A11/A47 Connector Road From point J, a distance of 93 metres south west of the centreline of the Cantley Stream / A11 crossing in a northerly direction to the Ward’s Wood underpass and then in an easterly direction to the Cantley Lane underpass and then in a south-easterly direction to point K (sheet 7), a distance of 1329 metres. A11/A47 Connector Road From point J, a distance of 93 metres south west of the centreline of the Cantley Stream / A11 crossing in a northerly direction to the Ward’s Wood underpass and then in an easterly direction to the Cantley Lane underpass and then in a south-easterly direction to point K (sheet 7), a distance of 1329 metres. Removal of restricted road status 50 miles per hour Removal of restricted road status 50 miles per hour
The traffic regulation plans – sheet 4 The traffic regulation plans – sheet 4 The traffic regulation plans – sheet 4 The traffic regulation plans – sheet 4 The traffic regulation plans – sheet 4
Hethersett B1172 From point C, 1101 metres west of the junction with Cantley Lane Link Road in an easterly direction to point D (sheet 5), a distance of 1217 metres. B1172 From point C, 1101 metres west of the junction with Cantley Lane Link Road in an easterly direction to point D (sheet 5), a distance of 1217 metres. 40 miles per hour 40 miles per hour
The traffic regulation plans – sheet 5 The traffic regulation plans – sheet 5 The traffic regulation plans – sheet 5 The traffic regulation plans – sheet 5 The traffic regulation plans – sheet 5
Hethersett Cantley Lane Link Road From point E at the junction with the B1172, in a south easterly direction to point F (sheet 3) at the junction with Cantley Lane South, a distance of 947 metres. Cantley Lane Link Road From point E at the junction with the B1172, in a south easterly direction to point F (sheet 3) at the junction with Cantley Lane South, a distance of 947 metres. 40 miles per hour 40 miles per hour
The traffic regulation plans – sheet 6 The traffic regulation plans – sheet 6 The traffic regulation plans – sheet 6 The traffic regulation plans – sheet 6 The traffic regulation plans – sheet 6
Hethersett; Ketteringham; Cringleford A11 approach to Thickthorn junction From point L, 251 metres south west from the give way line with Thickthorn junction, in a north-easterly direction to point M at Thickthorn junction, a distance of 251 metres. A11 approach to Thickthorn junction From point L, 251 metres south west from the give way line with Thickthorn junction, in a north-easterly direction to point M at Thickthorn junction, a distance of 251 metres. Removal of restricted road status 40 miles per hour Removal of restricted road status 40 miles per hour
Hethersett; Ketteringham; Cringleford A47 northbound diverge From point O, 82 metres south of the centreline of the overbridge at Thickthorn junction in a north-westerly direction then a south-westerly direction to point N, a distance of 355 metres. A47 northbound diverge From point O, 82 metres south of the centreline of the overbridge at Thickthorn junction in a north-westerly direction then a south-westerly direction to point N, a distance of 355 metres. Removal of restricted road status 40 miles per hour Removal of restricted road status 40 miles per hour
Hethersett; Ketteringham; Cringleford A47 northbound diverge From point P, 161 metres south of the centreline of the overbridge at Thickthorn junction in a north-westerly direction to point Q, a distance of 157 metres. A47 northbound diverge From point P, 161 metres south of the centreline of the overbridge at Thickthorn junction in a north-westerly direction to point Q, a distance of 157 metres. Removal of restricted road status Removal of restricted road status
Hethersett; Ketteringham; Cringleford A47 southbound merge From point S, 51 metres north east of the centreline of the A47 at Thickthorn junction in a south-easterly direction to point R, a distance of 161 metres. A47 southbound merge From point S, 51 metres north east of the centreline of the A47 at Thickthorn junction in a south-easterly direction to point R, a distance of 161 metres. Removal of restricted road status Removal of restricted road status

PART 5 — FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS

(1) Parish (1) Parish (2) Length of Footpath/Cycle track/Footway/Bridleway
The rights of way and access plans – sheet 3 The rights of way and access plans – sheet 3 The rights of way and access plans – sheet 3
Ketteringham Reference CF3 to CF4 A cycle track on the west side of Cantley Lane Link Road from point CF3, 46 metres north-westerly of the junction with Cantley Lane South in a southerly direction to point CF4, a distance of 67 metres. Reference CF3 to CF4 A cycle track on the west side of Cantley Lane Link Road from point CF3, 46 metres north-westerly of the junction with Cantley Lane South in a southerly direction to point CF4, a distance of 67 metres.
The rights of way and access plans – sheet 5 The rights of way and access plans – sheet 5 The rights of way and access plans – sheet 5
Hethersett; Ketteringham Reference CF1 to CF2 A cycle track on the east side of Cantley Lane Link Road from point CF1 at the junction with B1172 in a southerly and then south-easterly direction to point CF2 (sheet 3), a distance of 1043 metres. Reference CF1 to CF2 A cycle track on the east side of Cantley Lane Link Road from point CF1 at the junction with B1172 in a southerly and then south-easterly direction to point CF2 (sheet 3), a distance of 1043 metres.
The rights of way and access plans – sheet 7 The rights of way and access plans – sheet 7 The rights of way and access plans – sheet 7
Ketteringham; Cringleford Reference CF5 to CF6 A bridleway from point CF5 at the junction with Cantley Lane South in an easterly direction via the proposed Cantley Lane footbridge to point CF6, a distance of 354 metres. Reference CF5 to CF6 A bridleway from point CF5 at the junction with Cantley Lane South in an easterly direction via the proposed Cantley Lane footbridge to point CF6, a distance of 354 metres.

PART 6 — TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

(1) Parish (2) Road name, number and length (3) Measures
The traffic regulation plans – sheet 3 The traffic regulation plans – sheet 3 The traffic regulation plans – sheet 3
Hethersett; Ketteringham; Cringleford New link Road between the A11 northbound and the A47 southbound From point J, 796m north east of the A11 junction with Station Lane in an easterly direction to point K (sheet 7), a distance of 1725 metres. Proposed clearway
Hethersett; Ketteringham Cantley Lane South From point G, a distance of 105 metres south of the centre of the junction with Cantley Lane Link Road in a north-easterly direction to point I (sheet 7), a distance of 525 metres. Proposed 7.5 Tonne weight limit except for loading
The traffic regulation plans – sheet 5 The traffic regulation plans – sheet 5 The traffic regulation plans – sheet 5
Hethersett; Ketteringham Cantley Lane Link Road From point E at the junction with the B1172, in a south-easterly direction to point F (sheet 3) at the junction with Cantley Lane South, a distance of 947 metres. Proposed 7.5 Tonne weight limit except for loading

SCHEDULE 4 — PERMANENT STOPPING UP 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 are to be stopped up, as described in column (2) of Parts 1 and 2 of this Schedule, are shown by blue 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 Parts 1 and 2 of this Schedule and given a reference label in a square box (a capital A followed by a number).
  • (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—
  • (i) red honeycomb-hatching (for motorways and trunk roads),
  • (ii) green cross hatching (for other classified roads and highways),
  • (iii) pale green hatching (for cycle tracks),
  • (iv) and green dashes (for public rights of way),

(as shown in the key on the rights of way and access plans) and are given a reference label in a square (D for new highway to be substituted or provided and CF for public rights of way and cycle tracks in each case followed by a number) and will be a road unless the word ‘footpath’, ‘bridleway’, ‘footway’ or ‘cycle track’ appears beneath its reference letter 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 lime green 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 in a square (a capital B followed by a number).
  • (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 3 of this Schedule, are shown by red diagonal hatching (as shown in the key on the rights of way and access plans) and are given a reference label in a square (a capital C followed by a number).

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

(1) Area (1) Area (2) Highway to be stopped up (2) Highway to be stopped up (3) Extent of stopping up
The rights of way and access plans – sheet 3 The rights of way and access plans – sheet 3 The rights of way and access plans – sheet 3 The rights of way and access plans – sheet 3 The rights of way and access plans – sheet 3
Hethersett; Ketteringham Reference A3 to A4 A11 slip road Reference A3 to A4 A11 slip road Reference A3 to A4 From point A3 495 metres south westerly of the give way line at Thickthorn Junction in a north-easterly direction to point A4 (sheet 6), a distance of 224 metres. Reference A3 to A4 From point A3 495 metres south westerly of the give way line at Thickthorn Junction in a north-easterly direction to point A4 (sheet 6), a distance of 224 metres.
The rights of way and access plans – sheet 6 The rights of way and access plans – sheet 6 The rights of way and access plans – sheet 6 The rights of way and access plans – sheet 6 The rights of way and access plans – sheet 6
Hethersett; Ketteringham; Cringleford Reference A5 to A6 Part of Cantley Lane South Reference A5 to A6 Part of Cantley Lane South Reference A5 to A6 From point A5 314 metres south of the centreline of the overbridge at Thickthorn junction in a south-easterly direction to point A6, a distance of 335 metres. Reference A5 to A6 From point A5 314 metres south of the centreline of the overbridge at Thickthorn junction in a south-easterly direction to point A6, a distance of 335 metres.

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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.