LegalizeThe A417 Missing Link Development Consent Order 2022
| (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 |
|---|---|---|
| Land Plans – Sheet 1 | Land Plans – Sheet 1 | Land Plans – Sheet 1 |
| 1/1s | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Western Power Distribution New right to construct, use, protect, inspect, maintain and alter an existing drainage network | 11, 1e |
| 1/1w | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Western Power Distribution | 11 |
| 1/1y | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Western Power Distribution New right to construct, use, protect, inspect, maintain and alter an existing drainage network | 11, 1e |
| 1/1z | New right to construct, use, protect, inspect, maintain and alter an existing drainage network New right to construct, use, protect, inspect, maintain and alter an existing drainage network | 11, 1e |
| 1/1ac | New right to construct, use, protect, inspect, maintain and alter an existing drainage network | 1e |
| 1/1af | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes New right to construct, use, protect, inspect, maintain and alter an existing drainage network | 12, 1, 1h |
| 1/1aj | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 12, 1 |
| 1/1ak | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 12, 1 |
| 1/1am | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 13, 1 |
| 1/2 | New right to construct, use, protect, inspect, maintain and alter an existing drainage network | 1e |
| 1/3a | New right to construct, use, protect, inspect, maintain and alter drainage apparatus | 1a |
| 1/3b | New right to construct, use, protect, inspect, maintain and alter drainage apparatus | 1a |
| 1/3c | New right to construct, use, protect, inspect, maintain and alter drainage apparatus | 1a |
| 1/5c | New right to construct, use, protect, inspect, maintain and alter drainage apparatus | 1e |
| 1/19d | New right to construct, use, protect, inspect and maintain a public right of way New right to construct, use, protect, inspect and maintain a private means of access for the benefit of Flyup 417 Bike Park | 1-10, 1y |
| 1/19e | New right to construct, use, protect, inspect, maintain and alter electrical apparatus and equipment for the benefit of Western Power Distribution New right to construct, use, protect, inspect, maintain and alter drainage apparatus and equipment | 11 1x |
| 1/19n | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 1/19s | New right to construct, use, protect, inspect, maintain and alter drainage apparatus and equipment | 1 |
| 1/19u | New right to construct, use, protect, inspect, maintain and alter electrical apparatus and equipment for the benefit of Western Power Distribution | 11 |
| 1/19v | New right to construct, use, protect, inspect, maintain and alter electrical apparatus and equipment for the benefit of Western Power Distribution | 11 |
| 1/20 | New right to construct, use, protect, inspect, maintain and alter an existing drainage network | 1e |
| 1/20a | New right to construct, use, protect, inspect, maintain and alter an existing drainage network | 1h |
| 1/20b | New right to construct, use, protect, inspect, maintain and alter an existing drainage network | 1h |
| 1/21 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 12, 1 |
| 1/21a | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 1/22 | New right to construct, use, protect, inspect and maintain a new underground fibre optic cable and equipment for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 12, 1 |
| 1/23 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 13, 1 |
| 1/23c | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 14 |
| 1/24 | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 1/24a | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 14 |
| 1/25a | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 14 |
| 1/25b | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Western Power Distribution New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications | 15, 17 |
| 1/26a | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 1/26b | New right to construct, use, protect, inspect, maintain and alter electrical apparatus and equipment for the benefit of Western Power Distribution A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 16, 1 |
| 1/26c | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 1/27a | New right to construct, use, protect, inspect and maintain a public right of way | 1-10 |
| 1/28 | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution New right to construct, use, protect, inspect and maintain a new underground fibre optic cable and equipment for the benefit of British Telecommunications | 15, 17 |
| 1/30 | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 15, 17, 1 |
| 1/31 | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 15, 1 |
| 1/31a | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 1/32 | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution New right to construct, use, protect, inspect and maintain a new underground fibre optic cable and equipment for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 15, 17, 1 |
| 1/33 | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 1/34 | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 1/34a | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 1/35 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 17, 15, 1 |
| 1/36 | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 15, 17, 1 |
| Land Plans – Sheet 2 | Land Plans – Sheet 2 | Land Plans – Sheet 2 |
| 2/1 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 17, 1 |
| 2/1a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 17, 1 |
| 2/1g | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 2/2 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 17, 15, 1 |
| 2/3 | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 2/4 | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 2/5 | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications | 1, 17 |
| 2/6 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 17, 1 |
| 2/7 | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 2/8 | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 2/9 | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 2/9a | A sub-soil right to construct, use, protect, inspect and maintain longitudinal sub-surface drainage pipes | 1 |
| 2/10a | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications | 16, 17 |
| 2/10c | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 16 |
| 2/13b | New right to construct, use, protect, inspect and maintain a new soakaway and equipment for the benefit of Gloucestershire County Council | 1k |
| 2/13e | New right to construct, use, protect, inspect and maintain a new boundary feature New right to construct, use, protect, inspect and maintain a public right of way | 4c, 1-10 |
| 2/13g | New right to construct, use, protect, inspect and maintain a new boundary feature New right to construct, use, protect, inspect and maintain a public right of way | 4c, 1-10 |
| 2/15a | New right to construct, use, protect, inspect and maintain a new boundary feature | 1 |
| 2/15b | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 13 |
| 2/16a | New right to construct, use, protect, inspect and maintain a new soakaway and equipment for the benefit of Gloucestershire County Council | 1k |
| 2/21 | New right to construct, use, protect, inspect and maintain a public right of way | 3a |
| 2/21e | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 20 |
| 2/29 | New right to construct, use, protect, inspect and maintain a public right of way New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 1-10, 24 |
| 2/29a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear | 24, 25 |
| 2/30 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24 |
| Land Plans – Sheet 3 | Land Plans – Sheet 3 | Land Plans – Sheet 3 |
| 3/15c | New right to construct, use, protect, inspect and maintain a new boundary feature | 6c |
| 3/15d | New right to construct, use, protect, inspect and maintain a new boundary feature New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 6c, 28 |
| Land Plans – Sheet 4 | Land Plans – Sheet 4 | Land Plans – Sheet 4 |
| 4/2a | New right to construct, use, protect, inspect and maintain a new boundary feature | 6c |
| 4/2c | New right to construct, use, protect, inspect and maintain a new boundary feature | 6c |
| 4/2d | New right to construct, use, protect, inspect and maintain new mammal culvert | 6d |
| 4/2k | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 28 |
| 4/2r | New right to construct, use, protect, inspect and maintain drainage attenuation basin no. 9 with associated drainage facilities, access and landscaping | 1s |
| 4/3a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24 |
| 4/3b | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution New right to construct, use, protect, inspect and maintain a new underground fibre optic cable and equipment for the benefit of Gigaclear New right to construct, use, protect, inspect and maintain a public right of way | 28, 29, 31, 1-10 |
| 4/3d | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Western Power Distribution New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear | 28, 29, 24, 31 |
| 4/3e | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/3f | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/4 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24 |
| 4/4a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24 |
| 4/5a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24 |
| 4/5b | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 28, 29 |
| 4/6a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Western Power Distribution New right to construct, use, protect, inspect and maintain a new underground fibre optic cable and equipment for the benefit of Gigaclear New right to construct, use, protect, inspect and maintain a public right of way | 28, 29, 31, 1-10 |
| 4/7a | New right to construct, use, protect, inspect and maintain a new boundary feature | 6 |
| 4/7d | New right to construct, use, protect, inspect and maintain access to an existing structure for environmental mitigation | 1-10 |
| 4/7f | New right to construct, use, protect, inspect and maintain a new power supply for A417 mainline technology equipment for the benefit of Western Power Distribution | 1 |
| 4/7g | New right to construct, use, protect, inspect and maintain access to an existing structure for environmental mitigation | 1-10 |
| 4/8 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24 |
| 4/9 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24 |
| 4/9a | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution New right to construct, use, protect, inspect and maintain a new underground fibre optic cable and equipment for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 28, 29, 31 |
| 4/9b | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/9d | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/10a | New right to construct, use, protect, inspect and maintain access to an existing structure for environmental mitigation | 1-10 |
| 4/11 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 24, 28, 29, 31 |
| 4/11a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/12 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/12a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/12b | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/13 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/13a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/14 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/15 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| 4/16 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 24, 29, 31 |
| Land Plans – Sheet 5 | Land Plans – Sheet 5 | Land Plans – Sheet 5 |
| 5/3a | New right to construct, use, protect, inspect and maintain a new boundary feature | 8 |
| 5/3d | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 32 |
| 5/3e | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 32 |
| 5/3g | New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution | 32 |
| 5/3h | New right to construct, use, protect, inspect and maintain a new boundary feature New right to construct, use, protect, inspect and maintain new maintenance track | 8, 1t |
| 5/3n | New right to construct, use, protect, inspect and maintain a new boundary feature | 8 |
| 5/3v | New right to construct, use, protect, inspect and maintain drainage attenuation basin no. 10 with associated drainage facilities, access and landscaping | 1t |
| 5/3w | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Western Power Distribution New right to construct, use, protect, inspect and maintain drainage attenuation basin no. 9 with associated drainage facilities, access and landscaping | 32, 1s |
| 5/3x | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Western Power Distribution | 32 |
| 5/3z | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water New right to construct, use, protect, inspect and maintain a public right of way | 35, 1-10 |
| 5/3aa | New right to construct, use, protect, inspect and maintain a public right of way New right to construct, use, protect, inspect and maintain drainage attenuation basin no. 10 with associated drainage facilities, access and landscaping | 1-10, 1t |
| 5/3ac | New right to construct, use, protect, inspect and maintain drainage attenuation basin no. 9 with associated drainage facilities, access and landscaping | 1s |
| 5/3af | New right to construct, use, protect, inspect and maintain a new boundary feature | 8 |
| 5/3ah | New right to construct, use, protect, inspect and maintain a new underground fibre optic cable and equipment for the benefit of Gigaclear | 33 |
| 5/3aj | New right to construct, use, protect, inspect and maintain a new underground fibre optic cable and equipment for the benefit of Gigaclear | 33 |
| 5/4f | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear | 33 |
| 5/5g | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Gigaclear | 33 |
| Land Plans – Sheet 6 | Land Plans – Sheet 6 | Land Plans – Sheet 6 |
| 6/1r | New right to construct, use, protect, inspect, maintain a new boundary feature | 1 |
| 6/5 | New right to construct, use, protect, inspect and maintain a public right of way | 1-10 |
| 6/5a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water New right to construct, use, protect, inspect and maintain a public right of way | 35, 1-10 |
| 6/5c | New right to construct, use, protect, inspect, maintain a new boundary feature | 1 |
| 6/5j | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 35 |
| 6/7a | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water | 35 |
| 6/7d | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of Severn Trent Water. New right to construct, use, protect, inspect and maintain a new boundary feature. | 1, 35 |
| 6/7e | New right to construct, use, protect, inspect and maintain a new boundary feature. | 1 |
| 6/8 | New right to construct, use, protect, inspect, maintain and alter statutory undertakers apparatus for the benefit of British Telecommunications New right to construct, use, protect, inspect and maintain a new underground pipeline and equipment for the benefit of Severn Trent Water | 34, 35 |
| 6/8e | New right to construct, use, protect, inspect and maintain drainage attenuation basin no. 11 with associated drainage facilities, access and landscaping | 10h |
| 6/8g | New right to construct, use, protect, inspect and maintain drainage attenuation basin no. 11 with associated drainage facilities, access and landscaping | 10h |
| 6/9 | New right to construct, use, protect, inspect and maintain a new power supply for A417 mainline technology equipment for the benefit of Western Power Distribution | 1 |
SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
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 Compulsory Purchase Act 1965 (as modified by paragraph 5(5) of Schedule 6 to the A417 Missing Link Development Consent Order 2022 (the “A417 Missing Link Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the Compulsory Purchase Act 1965 (as substituted by paragraph 5(8) of Schedule 6 to the A417 Missing Link 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[^f00098] 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 of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 30 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 24 (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 27(1) (compulsory acquisition of rights and restrictive covenants)—
- (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 or the imposition of the restrictive covenant 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);
- (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
- (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[^f00099] (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 compulsory acquisition under article 24), 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[^f00100] (powers of entry: further notices of entry), 11B[^f00101] (counter-notice requiring possession to be taken on specified date), 12[^f00102] (unauthorised entry) and 13[^f00103] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.
- (6) Section 20[^f00104] (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 30(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 or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.
- (8) For Schedule 2A of the 1965 Act substitute—
SCHEDULE2A (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 Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 31 (application of the 1981 Act) of the A417 Missing Link Development Consent Order 2022 in respect of the land to which the notice to treat relates. (2) But see article 32(3) (acquisition of subsoil or airspace only) of the A417 Missing Link Development Consent Order 2022 which excludes the acquisition of subsoil or airspace only from this Schedule. (3) 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 acquiring 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 acquiring authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the acquiring authority do 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 acquiring authority serve 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 or 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) Location | (2) Plot Reference Number shown on land plans | (3) Purpose for which temporary possession may be taken | (4) Relevant part of the authorised development |
|---|---|---|---|
| Land Plans – Sheet 1 | Land Plans – Sheet 1 | Land Plans – Sheet 1 | Land Plans – Sheet 1 |
| Badgeworth Civil Parish | 1/1b | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline | 1 |
| Badgeworth Civil Parish | 1/1c | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/1d | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/1e | Required to inspect and good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/1f | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline | 1 |
| Badgeworth Civil Parish | 1/1g | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline | 1 |
| Badgeworth Civil Parish | 1/1h | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/1k | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/1m | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/1n | Required for the protection of existing vegetation | 1 |
| Badgeworth Civil Parish | 1/1p | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/1q | Required for the provision of and to provide working space and temporary access for works associated with the provision of planting Required to inspect and make good existing drainage culvert | 1, 1e |
| Badgeworth Civil Parish | 1/1ad | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/1ae | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline Required to inspect and make good existing drainage culvert | 1, 1e |
| Badgeworth Civil Parish | 1/ah | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline | 1 |
| Badgeworth Civil Parish | 1/4 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/5 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/5a | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/5b | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/6 | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline | 1 |
| Badgeworth Civil Parish | 1/7 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/8 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/9 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/10 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/10a | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/11 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/11a | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/12 | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline | 1 |
| Badgeworth Civil Parish | 1/13 | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline | 1 |
| Badgeworth Civil Parish | 1/13a | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/14 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/17 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/18 | Required to inspect and make good existing drainage culvert | 1e |
| Badgeworth Civil Parish | 1/19 | Existing WPD overhead line to be dismantled Required for the provision of and to provide working space and temporary access for works associated with the Flyup 417 Bike Park private means of access, A417 mainline and mitigation planting | 11 1x |
| Badgeworth Civil Parish | 1/19a | Required for the provision of temporary car parking for Flyup 417 Bike Park Required for the provision of and to provide working space and temporary access for works associated with the Flyup 417 Bike Park private means of access and essential mitigation planting | 1x |
| Badgeworth Civil Parish | 1/19b | Required for the provision of and to provide working space and temporary access for works associated with the Flyup 417 Bike Park private means of access and maintenance access for the benefit of Western Power Distribution and the undertaker | 1x |
| Badgeworth Civil Parish | 1/19f | Required for the provision of and to provide working space and temporary access for works associated with the provision of the Flyup 417 Bike Park private means of access | 1y |
| Badgeworth Civil Parish | 1/19g | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline | 1 |
| Badgeworth Civil Parish | 1/19h | Required for the provision of and to provide working space and temporary access for works associated with the A417, Flyup 417 Bike Park private means of access and essential mitigation planting | 1 1y |
| Badgeworth Civil Parish | 1/19j | Required to facilitate the stopping up of an existing public right of way | 1y |
| Badgeworth Civil Parish | 1/19k | Required for the provision of and to provide working space and temporary access for the new A417, watercourse diversion and associated essential mitigation planting | 1f |
| Badgeworth Civil Parish | 1/19o | Required for the provision of and to provide working space and temporary access for works associated with Flyup 417 Bike Park private means of access and essential mitigation planting | 1 1x |
| Badgeworth Civil Parish | 1/19r | Required for the provision of and to provide working space and temporary access for works associated with essential mitigation planting | 1 |
| Badgeworth Civil Parish | 1/19t | Required for the provision of and to provide working space and temporary access for works associated with the Flyup 417 Bike Park private means of access and maintenance access for the benefit of Western Power Distribution and the undertaker | 1x |
| Land Plans – Sheet 2 | Land Plans – Sheet 2 | Land Plans – Sheet 2 | Land Plans – Sheet 2 |
| Badgeworth Civil Parish | 2/10d | Required for the provision of and to provide working space and temporary access for works associated with the provision of the private means of access and turning area for Grove Farm | 11 |
| Coberley Civil Parish | 2/13d | Required for the provision of and to provide working space and temporary access for works associated with the provision of the realigned Leckhampton Hill and protection of existing vegetation | 4c |
| Coberley Civil Parish | 2/13f | Required for the construction of new private means of access for Crickley Hill Country Park | 4c |
| Badgeworth Civil Parish | 2/13h | Required for the construction of new private means of access for Crickley Hill County Park | 4c |
| Cowley Civil Parish | 2/16 | Required for the widening of an existing track and provision of a new restricted byway | 3f |
| Coberley Civil Parish | 2/20 | Required for the construction of new private means of access for Air Balloon Cottages | 1k |
| Coberley Civil Parish | 2/21a | Required for the provision of and to provide working space and temporary access for vegetation management | 1-10 |
| Coberley Civil Parish | 2/21b | Required for the provision of and to provide working space and temporary access for vegetation management | 1-10 |
| Cowley Civil Parish | 2/21d | Required for the provision of and to provide working space and temporary access for vegetation management | 1-10 |
| Coberley Civil Parish | 2/21n | Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil, and the treatment of site-generated waste | 1q |
| Cowley Civil Parish | 2/24c | Required for the provision of and to provide working space and temporary access for works associated with the provision of the realigned Leckhampton Hill | 4c |
| Cowley Civil Parish | 2/26 | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A436 tie-in at Ullenwood junction | 4e |
| Coberley Civil Parish | 2/27a | Required for the provision of and to provide working space and temporary access for works associated with the provision of the realigned Leckhampton Hill | 4c |
| Cowley, Coberley Civil Parishes | 2/28a | Required for the provision of and to provide working space and temporary access for works associated with the provision of the attenuation basins and to provide screening works during construction | 4f |
| Coberley Civil Parish | 2/28b | Required for the provision of and to provide working space and temporary access for works associated with the provision of the attenuation basins and to provide screening works during construction | 4f |
| Coberley Civil Parish | 2/28c | Required for the provision of and to provide working space and temporary access for works associated with the provision of the temporary outfall from associated attenuation basins during construction | 4f |
| Coberley Civil Parish | 2/28d | Required for the provision of and to provide working space and temporary access for works associated with the provision of the temporary outfall from associated attenuation basins during construction | 4f |
| Coberley Civil Parish | 2/30a | Required for the provision of and to provide working space and temporary access for works associated with the provision of a new public right of way | 5 |
| Coberley Civil Parish | 2/35a | Required for the provision of and to provide working space and temporary access for works associated with the provision of Ullenwood Lane and associated private means of access | 7k |
| Cowley Civil Parish | 2/36a | Required for the provision of and to provide working space and temporary access for works associated with the provision of Ullenwood Lane and associated private means of access | 7k |
| Land Plans – Sheet 3 | Land Plans – Sheet 3 | Land Plans – Sheet 3 | Land Plans – Sheet 3 |
| Cowley Civil Parish | 3/1j | Required for Barrow Wake Car Park landscaping | 1-10 |
| Cowley Civil Parish | 3/7a | Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 to Birdlip and associated boundary treatment | 6b |
| Cowley Civil Parish | 3/12b | Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 Birdlip Road and associated boundary treatment | 6b |
| Cowley Civil Parish | 3/12f | Required for the provision of and to provide working space and temporary access to construct a new boundary wall along Barrow Wake Car Park | 1-10 |
| Cowley Civil Parish | 3/13a | Required for the widening of an existing track and provision of a new restricted byway Required for Barrow Wake Car Park landscaping | 1-10 |
| Cowley Civil Parish | 3/15b | Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment | 6c |
| Cowley Civil Parish | 3/15e | Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment | 6c |
| Land Plans – Sheet 4 | Land Plans – Sheet 4 | Land Plans – Sheet 4 | Land Plans – Sheet 4 |
| Cowley Civil Parish | 4/2 | Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment | 6c |
| Cowley Civil Parish | 4/2f | Required for the provision of and to provide working space and temporary access to construct new mammal crossing and B4070 | 6c 6d |
| Cowley Civil Parish | 4/2g | Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment | 6c |
| Cowley Civil Parish | 4/2h | Required for the provision of and to provide working space and temporary access for works associated with the provision of B4070 and associated boundary treatment | 6c |
| Cowley Civil Parish | 4/2j | Required for the provision of and to provide working space and temporary access for works associated with the alteration of Severn Trent Water statutory undertakers apparatus Required for the provision of and to provide working space and temporary access for works associated with the alteration of British Telecommunications statutory undertakers apparatus | 24, 29 |
| Cowley Civil Parish | 4/2m | Required for the provision of and to provide working space and temporary access for works associated with the provision of byway open to all traffic | 1 |
| Cowley Civil Parish | 4/2n | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline | 1 |
| Cowley Civil Parish | 4/2q | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment | 1 |
| Cowley Civil Parish | 4/7 | Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment | 6c |
| Cowley Civil Parish | 4/7j | Required to facilitate the stopping up of an existing public right of way Required for the provision of and to provide working space and temporary access for works associated with the provision of a byway open to all traffic | 1 |
| Cowley Civil Parish | 4/7m | Required for the provision of and to provide working space and temporary access and protection of existing vegetation | 7 |
| Cowley Civil Parish | 4/9e | Required for the provision of and to provide working space and temporary access for works associated with the provision of the Shab Hill junction | 7, 7b |
| Cowley Civil Parish | 4/17a | Required for the provision of and to provide working space and temporary access for works associated with the provision of the Shab Hill junction | 7, 7k |
| Cowley Civil Parish | 4/17c | Required for the provision of and to provide working space and temporary access for works associated with the provision of the Shab Hill junction and protection of existing vegetation | 7 |
| Land Plans – Sheet 5 | Land Plans – Sheet 5 | Land Plans – Sheet 5 | Land Plans – Sheet 5 |
| Cowley Civil Parish | 5/3b | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment | 1 |
| Cowley Civil Parish | 5/3c | Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane and associated boundary treatment | 8 8a |
| Cowley Civil Parish | 5/3f | Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of existing track and public right of way | 8 |
| Cowley Civil Parish | 5/3j | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment | 1 |
| Cowley Civil Parish | 5/3k | Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane and associated boundary treatment | 8 |
| Cowley Civil Parish | 5/3m | Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of existing track | 8 |
| Cowley Civil Parish | 5/3s | Required to facilitate the stopping up of an existing public right of way | 8 |
| Cowley Civil Parish | 5/3t | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment | 1 |
| Cowley Civil Parish | 5/3u | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment | 1 |
| Cowley Civil Parish | 5/3y | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment | 1 |
| Cowley Civil Parish | 5/3ab | Required for the provision of and to provide working space and temporary access for works associated with the provision of the Severn Trent Water works | 35 |
| Cowley Civil Parish | 5/3ad | Required to facilitate the stopping up of an existing public right of way Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane | 8 8a |
| Cowley Civil Parish | 5/4d | Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane | 8 8a |
| Cowley Civil Parish | 5/5e | Required for the dismantling of existing Gigaclear apparatus Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane | 8 8a |
| Land Plans – Sheet 6 | Land Plans – Sheet 6 | Land Plans – Sheet 6 | Land Plans – Sheet 6 |
| Cowley Civil Parish | 6/1p | Required for the provision of construction access | 1 |
| Cowley Civil Parish | 6/5b | Required for the provision of and to provide working space and temporary access for works associated with the provision of the Severn Trent Water works | 35 |
| Cowley Civil Parish | 6/5e | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment | 1 |
| Cowley Civil Parish | 6/5g | Required for the provision of and to provide working space and temporary access for works associated with the provision of planting | 1-10 |
| Cowley Civil Parish | 6/5h | Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment | 1 |
| Brimpsfield Civil Parish | 6/8b | Required for the provision of and to provide working space and temporary access for works associated with the provision of Cowley junction and associated boundary treatment | 10 |
| Brimpsfield Civil Parish | 6/8d | Required for the provision of and to provide working space and temporary access for works associated with the provision of attenuation basin and associated boundary treatment | 10h |
| Brimpsfield Civil Parish | 6/8f | Required for the provision of and to provide working space and temporary access for works associated with the provision of attenuation basin and associated boundary treatment | 10h |
| Cowley Civil Parish | 6/10a | Required for the provision of and to provide working space and temporary access for works associated with the provision of a private means of access and restricted byway | 10j |
| Cowley Civil Parish | 6/10b | Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and topsoil, and the treatment of site-generated waste | 1u |
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— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00105], belonging to or maintained by that utility undertaker for the purposes of the 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[^f00106] 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; and in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991[^f00107]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00108] (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[^f00109],
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; and a 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 use 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), 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 22 (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.
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