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The A428 Black Cat to Caxton Gibbet Development Consent Order 2022

Type Statutory-Instrument

Publication 2022-08-18

Last updated 2023-01-17

State In force

Department King's Printer of Acts of Parliament

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(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(7) Any dispute as to the removal of temporary works and restoration of land under paragraph (6) does not prevent the undertaker giving up possession of the land.

(8) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(9) Any dispute as to a person’s entitlement to compensation under paragraph (8), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(10) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (8).

(11) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(12) Section 13[^f00088] (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.

(13) 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

39

(1) Subject to the provisions of article 27(3) (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 40 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

40

(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—

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“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) of the Communications Act 2003[^f00089].

Recovery of costs of new connections

41

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 39 (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 38 (temporary use of land for maintaining the authorised development), 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 40 (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

42

(1) The undertaker may fell or lop any tree (other than a tree subject to a tree preservation order) or shrub, or cut back its roots, within or overhanging land within the Order limits 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), the undertaker must-—

(a) do no unnecessary damage to any tree or shrub;

(b) pay compensation to any person for any loss or damage arising from such activity; and

(c) take steps to avoid a breach of the provisions of the Wildlife and Countryside Act 1981[^f00090] and the Conservation of Habitats and Species Regulations 2017[^f00091].

(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 (determination of questions of disputed compensation) of the 1961 Act.

(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2)—

(a) remove any hedgerow described in Part 1 (removal of hedgerows) of Schedule 8 (hedgerows and trees); and

(b) subject to consultation with the relevant planning authority remove any hedgerow within the Order limits that may be identified and that is not otherwise described in Part 1 of Schedule 8.

(5) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997[^f00092] and includes important hedgerows.

Trees subject to tree preservation orders

43

(1) Subject to paragraph (2), the undertaker may—

(a) fell or lop any tree described in Part 2 (trees subject to tree preservation orders) of Schedule 8, cut back its roots or undertake such other works described in column (2) of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule;

(b) fell or lop, or cut back the roots of any other tree within or overhanging land within the Order limits and which is subject to a tree preservation order which was made after 5th February 2018.

(2) The undertaker may only exercise the powers of paragraph (1) if the undertaker reasonably believes it to be necessary to do so to prevent the tree—

(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.

(3) 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) of the 1990 Act is not to apply although where possible the undertaker must seek to replace any trees which are removed; and

(4) The authority given in paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(5) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

44

(1) This article applies to—

(a) any agreement for lease 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

45

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

Defence to proceedings in respect of statutory nuisance

46

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00093] in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00094] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974[^f00095]; or

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

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974[^f00096] does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protective provisions

47

Schedule 9 (protective provisions) has effect.

Certification of documents, etc.

48

(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 this 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 is admissible in any proceedings as evidence of the contents of the plan or document of which it is a copy.

Service of notices

49

(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

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00097] 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;

(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

50

(1) 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.

(2) Any matter for which the consent or approval of Secretary of State is required under any provision of this Order is not subject to arbitration.

Traffic regulation

51

(1) This article applies to roads in respect of which the undertaker is not the traffic authority.

(2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit or prohibit vehicles, or vehicles of any class, or pedestrians access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3) The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 12 months from the date the last part of the authorised development is first open for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

(4) The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

(5) The undertaker must not exercise the powers conferred by paragraph (2) unless the undertaker has—

(a) given not less than—

(i) 12 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) 4 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by the undertaker under paragraph (2)—

(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004[^f00098].

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months from the date on which the last part of the authorised development is first open for public use.

(8) Before exercising the powers conferred by paragraph (2) the undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.

(9) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(10) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(11) If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent.

Removal of human remains

52

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

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

(3) Subject to paragraph (12), before any such remains are removed 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 for two successive weeks in a newspaper circulating in the area of the authorised development; and

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

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

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

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

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

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

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

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

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

(9) If—

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

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

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

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

subject to paragraph (10) the undertaker must remove the remains and cause them to be reinterred 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 reinterred in individual containers which are to be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

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

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

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

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

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

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

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

(13) In the case of remains in relation to which paragraph (12) applies, the undertaker—

(a) may remove the remains;

(b) must apply for direction from the Secretary of State under paragraph (14) as to their subsequent treatment; and

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

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

(16) Section 25 (offence of removal of body from burial ground) of the Burial Act 1857[^f00099] does not apply to a removal carried out in accordance with this article.

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

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

(b) in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 40 (temporary use of land for carrying out the authorised development) or 41 (temporary use of land for maintaining the authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order,

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

(18) The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950[^f00100] do not apply to the authorised development.

Crown rights

53

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

(a) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory purchase of any interest in any Crown land (as defined in the 2008 Act) for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Works in the River Great Ouse

54

(1) Subject to the provisions of this article, during the construction of the authorised development the public right of navigation over any part of the River Great Ouse that is situated within the Order limits may be temporarily suspended with the written approval of the Environment Agency, such approval not to be unreasonably withheld.

(2) The undertaker must apply to the Environment Agency for approval under paragraph (1) for such suspension, except in the case of an emergency when the undertaker must give such notice as is reasonably practicable.

(3) For the purposes of paragraph (2), an emergency means a situation that exists that without the temporary suspension of navigation rights will present—

(a) a risk to life or serious injury to one or more persons;

(b) a substantial risk of significant damage to one or more vessels;

(c) a risk of significant or structural damage to a bridge, sluice, sluice gate, lock, flood defence structure, river bank, river control work or drainage work; or

(d) a risk of serious environmental harm,

and it would not be reasonable in the circumstances to require prior approval under this article before suspending the public rights of navigation.

(4) An application for approval under paragraph (2) must provide details of the proposed suspension or periods of suspension, including particulars of—

(a) the commencement date;

(b) the duration; and

and must include an explanation of the need for the proposed suspension or periods of suspension.

(5) The Environment Agency may in relation to any application for approval made under paragraph (2) impose reasonable conditions for any purpose described in paragraph (3).

(6) Conditions imposed under paragraph (5) may include conditions as to—

(a) the limits of any area subject to a temporary suspension of the public right of navigation;

(b) the duration of any temporary suspension;

(c) the means of marking or otherwise providing warning in the River Great Ouse of any area affected by a temporary suspension of the public right of navigation; and

(d) the use by the undertaker of the area subject to any temporary suspension so as not to interfere with any other part of the River Great Ouse or affect its use.

(7) Following an approval of any suspension given by the Environment Agency under this article or determined in accordance with article 50 (arbitration), the undertaker must:

(a) publish a notice in one or more local newspapers circulating in the district in which the River Great Ouse is situated;

(b) publish such notice not less than one month before the powers are to be exercised and state the extent to which, the period during and the purpose for which the use or navigation of the River Great Ouse is to be prohibited, restricted or regulated;

(c) display a copy of such notice in one or more places on or adjacent to the River Great Ouse in such places to bring its contents to the notice of persons using or navigating the waterways.

(8) Subject to paragraph (9), an application for approval under this article is deemed to have been approved if it is neither given nor refused within 28 business days of the Environment Agency receiving the application under paragraph (2).

(9) An approval of the Environment Agency under this article is not deemed to have been approved, if approval within the time limited by paragraph (8) has not been given pending the outcome of any consultation on the approval in question that the Environment Agency is obliged to carry out in the proper exercise of its functions.

The Cadent Diversion Works

55

(1) If the undertaker implements the advanced works permission and Cadent or the undertaker undertakes the works described in Work No. 51 pursuant to planning permission granted under Part 3 of the 1990 Act then the requirements contained in Part 1 of Schedule 2 will not have effect in so far as they relate to those works unless Cadent or the undertaker serve written notice on the Secretary of State and the relevant planning authority confirming that it will—

(a) cease to rely on planning permission granted under Part 3 of the 1990 Act; and

(b) carry out Work No. 51 under this Order (in accordance with the requirements contained in Part 1 of Schedule 2).

(2) Cadent or the undertaker must not carry out Work No. 51 under this Order unless notice has been served under paragraph (1).

(3) Notwithstanding paragraph (2), the undertaker may exercise any other powers under this Order in respect of Work No. 51.

Use of private roads for construction

56

(1) The undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction of the authorised development.

(2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined as though it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

SCHEDULE 1

PART 1 — AUTHORISED DEVELOPMENT

The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act[^f00101] and associated development within the meaning of section 115(2) of the 2008 Act[^f00102], comprising—

In the administrative area of Bedford Borough Council

Work No. 1 – As shown on sheets 1 and 3 of the works plans the construction of the new dual carriageway (2140 metres in length) including tie in works, the construction of the Black Cat junction western, central and eastern bridges which form part of the Black Cat junction, retaining earth structures, slip roads to and from the Black Cat junction, and associated demolition works to the existing A421.

Work No. 2 – As shown on sheet 1 of the works plans, a construction area including borrow pit to the north of the existing A421.

Work No. 3 – As shown on sheet 1 of the works plans the construction of the realigned Roxton Road carriageway including the Roxton Road bridge, shared private access tracks and footpath, and associated demolition works to the existing Roxton Road bridge and existing Roxton Road.

Work No. 4 – As shown on sheet 1 of the works plans the construction of the realigned Bedford Road into the Black Cat junction circulatory (Work No. 13), private access tracks, and associated demolition of the existing Bedford Road.

Work No. 5 – As shown on sheet 1 of the works plans the construction of an attenuation basin to the south of the new dual carriageway (Work No. 1).

Work No. 6 – As shown on sheets 1 and 1A of the works plans the diversion of an underground electricity cable (680 metres in length), commencing south west of the Black Cat junction and terminating to the north west of the Black Cat junction circulatory (Work No. 13).

Work No. 7 – As shown on sheet 1 of the works plans the construction of the Kelpie Marina access road and bridleway, including—

(a) the construction of an access track, south of Bedford Road including the private field accesses and a bridleway which extends southwards;

(b) the construction of the Kelpie Marina access track including bridge and retaining earth structures, south of Rockham ditch.

Work No. 8 – As shown on sheets 1 and 1A of the works plans the diversion and undergrounding of an overhead electricity line (685 metres in length) commencing at the A1 south of Rockham Ditch and terminating to the east of the A1 north of Greenacres.

Work No. 9 – As shown on sheets 1 and 1C of the works plans the diversion of an underground communication cable (Openreach) (145 metres in length) commencing to the east of the A1 north of Greenacres and terminating east of the Kelpie Marina access road.

Work No. 10 – As shown on sheet 1 of the works plans the construction of a flood compensation area to the west of the A1 and south of Rockham Ditch.

Work No. 11 – As shown on sheet 1 of the works plans the construction of a flood compensation area to the west of the A1 and north of Rockham Ditch.

Work No. 12 – As shown on sheet 1 of the works plans the construction of an attenuation basin, north west of the Black Cat junction circulatory (Work No. 13).

Work No. 13 – As shown on sheet 1 of the works plans the construction of the Black Cat junction circulatory at existing grade, including the Black Cat junction northern and southern bridges and associated demolition of the existing Black Cat roundabout.

Work No. 14 – As shown on sheet 1 of the works plans the construction of an attenuation basin, north east of the new Black Cat junction circulatory (Work No. 13).

Work No. 15 – As shown on sheet 1 of the works plans the construction of a private access track to Greenacres, south-east of the Black Cat junction circulatory (Work No. 13), including the realigned section of the existing access track to Greenacres and an access track over Rockham ditch.

Work No. 16 – As shown on sheet 1 of the works plans restoration works at the existing quarry, east of the new Black Cat junction circulatory (Work No. 13) including the removal of bunding east of the private access track.

Work No. 17 – As shown on sheet 1 of the works plans a construction area to the south east of the new Black Cat junction circulatory (Work No. 13).

Work No. 18 – As shown on sheets 1 and 2 of the works plans the construction of the new Roxton Road Link (south), including the Roxton Road roundabout and private accesses.

Work No. 19 – As shown on sheets 1, 1B, 2 and 2B of the works plans the diversion of an underground water pipeline (2010 metres in length) commencing at the A1 east of School Lane and terminating at Chawston Lane.

Work No. 20 – As shown on sheets 1, 1C, 2 and 2C of the works plans the diversion of an underground communication cable (Openreach) (2690 metres in length) commencing at School Lane and terminating at The Lane.

Work No. 21 – As shown on sheets 1 and 2 of the works plans the construction of the realigned A1 carriageway, including the slip roads to and from the Black Cat junction circulatory (Work No. 13), retaining earth structures and the extension of the existing culverts across Rockham Ditch and South Brook, and associated demolition works to sections of the existing A1 and surrounding properties including the dismantling and removal of the listed building known as “Brook Cottages”.

Work No. 22 – As shown on sheets 1, 2 and 3 of the works plans the construction of the new A1 Services link road, private accesses and a private access track extending to the new River Great Ouse Viaduct (Work No. 39).

Work No. 23 – As shown on sheets 1 and 3 of the works plans a construction area including borrow pit north east of the new Black Cat junction circulatory (Work No. 13).

Work No. 24 – As shown on sheets 1 and 3 of the works plans the construction of flood compensation areas, south and east of the Black Cat junction circulatory (Work No. 13).

Work No. 25 – As shown on sheet 2 of the works plans the construction of a culvert beneath the Roxton Road Link (south) (Work No. 18).

Work No. 26 – As shown on Sheet 2 of the works plans the construction of flood compensation areas, east and west of Roxton Road Link (south) (Work No. 18).

Work No. 27 – As shown on sheets 2 and 2A of the works plans the diversion of an underground electricity cable (330 metres in length) commencing to the west of the Roxton Road Link (south) (Work No. 18), and terminating to the east of the Old Great North Road.

Work No. 28 – As shown on sheets 2 and 2B of the works plans the diversion of an underground water pipeline (650 metres in length) commencing at Chawston Lane and terminating at The Lane.

Work No. 29 – As shown on sheet 2 of the works plans the construction of the Roxton Road Link (north), the Nagshead Lane Link and private access tracks.

Work No. 30 – As shown on sheet 2 of the works plans the construction of an attenuation basin located to the east of the new Roxton Road Link (north) (Work No.29) and west of the Nagshead Lane Link (Work No. 29).

Work No. 31 – As shown on sheets 2 and 2B of the works plans the diversion of a private underground water pipeline (360 metres in length), commencing at Old Great North Road and terminating to the west of the Roxton Road Link (north) (Work No. 29).

Work No. 32 – As shown on sheets 2 and 2A of the works plans the diversion and undergrounding of an overhead electricity line (355 metres in length), commencing at the Nagshead Lane Link (Work No. 29) and terminating to the south of The Lane.

Work No. 33 – As shown on sheet 2 of the works plans the construction of an attenuation basin located to the east of the Roxton Road link (north) (Work No. 29).

Work No. 34 – As shown on sheet 2 of the works plans construction of a flood compensation area to the east of the Roxton Road Link (north) (Work No. 29).

Work No. 35 – As shown on Sheet 2 of the works plans construction of a flood compensation area to the west of the Roxton Road Link (north) (Work No. 29).

Work No. 36 – As shown on sheet 2 of the works plans the realignment of The Lane carriageway, including a new access road, private means of access and associated demolition work to The Lane as existing.

Work No. 37 – As shown on sheet 2 of the works plans improvements to Old Great North Road including modification of the existing associated junctions.

Work No. 38 – As shown on sheet 3 of the works plans the diversion of an underground oil pipeline (270 metres in length) commencing south of the River Great Ouse Viaduct (Work No. 39) and terminating north of the River Great Ouse Viaduct.

In the administrative areas of Bedford Borough Council and Central Bedfordshire Council

Work No. 39 – As shown on sheet 3 of the works plans the construction of the River Great Ouse Viaduct.

In the administrative area of Central Bedfordshire Council

Work No. 40 – As shown on sheets 3 and 4 of the works plans the construction of the new dual carriageway (3100 metres in length) including lay-bys, culverts and a private access track.

In the administrative area of Central Bedfordshire Council and Bedford Borough Council

Work No. 53A – As shown on sheet 4 of the works plans the construction of a bat tunnel (mammal underpass).

In the administrative area of Bedford Borough Council

Work No. 54 – As shown on sheets 4 and 5 of the works plans the construction of the new dual carriageway (1410 metres in length), including associated demolition work to the existing access track from Top Farm.

In the administrative area of Huntingdonshire District Council

Work No. 57 – As shown on sheets 5, 6 and 8 to 12 (inclusive) of the works plans the construction of the new dual carriageway (8900 metres in length), including lay-bys, culverts and the construction of slip roads to and from the roundabouts at Cambridge Road junction north and south Roundabouts (Work No. 80b).

In the administrative areas of Huntingdonshire District Council and South Cambridgeshire District Council

Work No. 89 – As shown on sheet 11 of the works plans the construction of the realigned Toseland Road, including the Toseland Road Bridge, emergency and maintenance access tracks, private accesses and private access tracks north and south of the new dual carriageway (Work No. 57), the extension of a culvert at Gallow Brook and the associated demolition work to the existing Toseland Road.

In the administrative area of South Cambridgeshire District Council

Work No. 91 - As shown on sheets 12 to 15 of the works plans the construction of the new dual carriageway (3800 metres in length) including tie in works, lay-bys, culverts and the A1198 underpass at Caxton Gibbet junction, as well as slip roads to and from Caxton Gibbet junction north, south and south west Roundabouts (Work Nos. 109b and 109d).

PART 2 — ANCILLARY WORKS

1

Works within the Order limits which have been subject to an environmental impact assessment recorded in the environmental statement comprising—

(a) temporary landing places, moorings or other means of accommodating vessels in the construction and/or maintenance of the authorised development;

(b) marking buoys, beacons, fenders and other navigational warning or ship impact protection works; and

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

“archaeological mitigation strategy” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the archaeological mitigation strategy for the purposes of this Order;

“biodiversity pre-commencement plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the biodiversity pre-commencement plan for the purposes of this Order;

“Brook Cottages heritage strategy” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the Brook Cottages heritage strategy for the purposes of this Order;

“Brook Cottages soft strip” means the soft strip referred to in the Brook Cottages heritage strategy at section 3;

“contaminated land” means land which the undertaker considers would amount to contaminated land within the meaning given in section 78A(2)(a) or (b) of the Environmental Protection Act 1990[^f00103];

“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;

“Ecological Clerk of Works” means the individual appointed as such by the undertaker as required by the First Iteration EMP;

“First Iteration EMP” means the document of that description listed in Schedule 10 (documents to be certified), being the first iteration of the environmental management plan produced in accordance with the DMRB during the preliminary design stage and certified by the Secretary of State as the First Iteration EMP for the purposes of this Order, and which includes an outline plan for the following— Air Quality Management Plan; Noise Management Plan; Waste Management Plan; Biodiversity Management Plan; Soil Handling and Management Plan; Water Management Plan; Energy and Resource Management Plan; Materials Management Plan; Contaminated Land Management Plan; Archaeological Management Plan; Construction Compound Management Plan; Landscape and Ecology Management Plan; Travel Plan; and Borrow Pits Management Plan;

“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[^f00104];

“flood risk assessment” means the document of that description including the flood risk assessment technical note as listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the flood risk assessment for the purposes of this Order;

“outline construction traffic management plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the outline construction traffic management plan for the purposes of this Order;

“pre-commencement plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the pre-commencement plan for the purposes of this Order;

“priority habitat” means a type of habitat identified as being of principle importance in England in accordance with section 41 (biodiversity lists and actions (England)) of the Natural Environment and Rural Communities Act 2006[^f00105];

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

“relevant local authority” means a local authority within the meaning given by section 43(3)[^f00106] of the 2008 Act and in whose area the part of the authorised development in question is located;

“relevant stakeholders” in relation to a part of the authorised development means relevant local authorities and relevant statutory environmental bodies;

“relevant statutory environmental body” means a statutory body exercising functions relating to environmental matters and which because of those functions is likely to be interested in the detailed design of the part of the authorised development in question;

“scheme design approach and design principles” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the scheme design approach and design principles for the purposes of this Order;

“Second Iteration EMP” means the second iteration of the environmental management plan produced in accordance with the DMRB containing detailed plans relating to the construction phase of the authorised development substantially in accordance with the First Iteration EMP;

“Third Iteration EMP” means the third iteration of the environmental management plan produced in accordance with the DMRB containing detailed plans relating to the operational and maintenance phase of the authorised development substantially in accordance with the First Iteration EMP.

Time limits

2

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

Second Iteration EMP

3

(1) No part of the authorised development is to commence until the Second Iteration EMP in relation to that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the Environment Agency, Natural England, and the relevant local highway authority so far as it is relevant to their respective functions.

(2) The authorised development must be constructed in accordance with the Second Iteration EMP.

Third Iteration EMP

4

(1) Following completion of construction of the authorised development the Third Iteration EMP 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 so far as it is relevant to their respective functions.

(2) The authorised development must be operated and maintained in accordance with the Third Iteration EMP.

Details of consultation

5

(1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, the details submitted must be accompanied by a summary report enclosing the written responses received and setting out the consultation undertaken by the undertaker pursuant to that requirement to inform the details submitted and the undertaker’s response to that consultation.

(2) Promptly after submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.

Landscaping

6

(1) No part of the authorised development can come into use until a landscaping scheme for that part which sets out details of all proposed hard and soft landscaping works is submitted to the Secretary of State for approval in writing following consultation with Natural England, the relevant planning authority and the relevant local highway authority so far as it is relevant to their respective functions.

(2) The landscaping scheme for each part must be substantially in accordance with the applicable mitigation measures for landscaping set out in the First Iteration EMP and the landscaping principles set out in the environmental masterplan.

(3) The authorised development must be landscaped in accordance with the approved landscaping scheme for that part.

(4) A landscaping scheme referred to in paragraph (1) must contain 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;

(d) existing trees to be retained, with measures for their protection during the construction period; and

(e) implementation timetables for all landscaping works.

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

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

Fencing

7

Any permanent and temporary fencing and other means of enclosure that would be adjacent to the new dual carriageway forming part of the authorised development must be constructed and installed in accordance with the undertaker’s Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.

Contaminated land and groundwater

8

(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 Environment Agency and the relevant planning authority, and the undertaker must complete a risk assessment of the contamination in consultation with the Environment Agency and the relevant planning authority.

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

(3) Remediation must be carried out in accordance with the approved scheme.

Archaeology

9

The authorised development must be carried out, operated and maintained in accordance with the archaeological mitigation strategy and, as set out in that strategy, the undertaker must submit individual Site Specific Written Schemes of Investigation to the relevant planning authority for approval.

Protected species

10

(1) In the event that any protected species which were not previously identified in the environmental statement or nesting birds are found at any time when carrying out the authorised development the undertaker must—

(a) cease the relevant parts of the relevant works and report it immediately to the Ecological Clerk of Works; and

(b) prepare a written scheme for the protection and mitigation measures of such protected species or nesting birds when carrying out the authorised development.

(2) The undertaker must implement the written scheme prepared under paragraph (1) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.

Traffic management

11

(1) No part of the authorised development is to commence until a traffic management plan for the construction of that part of the authorised development, substantially in accordance with the outline construction traffic management plan, has been submitted to and approved in writing by the Secretary of State following consultation with the relevant local highway authority.

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

Detailed design

12

(1) The detailed design for the authorised development must accord with—

(a) the preliminary scheme design shown on the works plans, the general arrangement plans and the engineering section drawings;

(b) the principles set out in the environmental masterplan; and

unless otherwise agreed in writing by the Secretary of State following consultation with the relevant local authority on matters related to their functions, provided that the Secretary of State is satisfied that any amendments 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 paragraph (1), those details are deemed to be substituted for the corresponding plans or sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

(3) No part of the authorised development is to commence until, for that part, a report has been submitted to, and, following consultation with the relevant local planning authority, approved by the Secretary of State, demonstrating that—

(a) the undertaker has engaged with relevant stakeholders on refinements to detailed design for that part of the authorised development;

(b) the undertaker has had regard to the relevant stakeholders’ comments; and

(c) any refinements to the detailed design for that part of the authorised development arising as a result of that engagement accord with the scheme design approach and design principles.

Surface and foul water drainage

13

(1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures set out in the engineering section drawings (drainage layouts) including means of pollution control, have been submitted to and approved in writing by the Secretary of State following consultation with the relevant local authority on matters relating to its function.

(2) The surface and foul water drainage system must be constructed in accordance with the approved details referred to in paragraph (1) unless otherwise agreed in writing by the Secretary of State following consultation with the relevant local authority on matters relating to its 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.

Flood compensatory storage

14

(1) Subject to paragraph (2) below, no part of the authorised development is to commence until a detailed floodplain compensation scheme for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

(2) No part of the authorised development at the River Great Ouse is to commence until a detailed floodplain compensation scheme for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the Environment Agency.

(3) The schemes prepared under paragraphs (1) and (2) must provide suitable flood storage for any flood waters that would be displaced by the authorised development in the 1 in 100 year plus 35% climate change allowance event.

(4) The scheme must be implemented as approved and subsequently maintained.

Safeguarding of milestones

15

Any work to the grade II listed milestones with National Heritage Numbers 1163534, 1331394 and 1162760 and the non-designated milestone Historic Environment Record Reference 8808 must be carried out in accordance with the archaeological mitigation strategy.

Brook Cottages

16

(1) Subject to paragraphs (2) and (5), the dismantling of Brook Cottages comprised within Work No. 21 must be carried out in accordance with the Brook Cottages heritage strategy unless otherwise agreed with the Secretary of State.

(2) At the completion of the Brook Cottages soft strip, the undertaker must provide to Historic England and Bedford Borough Council a report containing—

(a) information on the heritage interest and significance of Brook Cottages;

(b) details of the existing physical condition of Brook Cottages; and

(c) in light of (a) and (b) above, options for dismantling Brook Cottages and if relevant, storing, transporting and reconstructing those elements of Brook Cottages that could be relocated to conserve the historic fabric.

(3) Within 35 days of receipt of the information set out in paragraph (2), Historic England, in consultation with Bedford Borough Council, must advise the undertaker of the suitability of proceeding with relocation and, if Historic England advises that the historic fabric is suitable for relocation, it must confirm an approved method of dismantling and storing the historic fabric.

(4) Unless Historic England, in consultation with Bedford Borough Council, advise that the historic fabric is suitable for relocation within 35 days in accordance with paragraph (3) the undertaker must proceed with dismantling and recording as set out in the Brook Cottages heritage strategy but is not required to take any further steps in relation to relocation.

(5) If Historic England, in consultation with Bedford Borough Council, advises that the historic fabric is suitable for relocation then, unless otherwise agreed with the Secretary of State, the undertaker must complete the dismantling and store the historic fabric using the approved method confirmed by Historic England under paragraph (3).

(6) As soon as reasonably practicable following dismantling and storage of the historic fabric in accordance with paragraph (5) the undertaker must submit to the Secretary of State for approval in consultation with Bedford Borough Council and Historic England, either—

(a) details demonstrating why reconstruction is not appropriate; or

(b) details of—

(i) an appropriate future use for the historic fabric;

(ii) a suitable receptor willing to receive the historic fabric;

(iii) the method of transporting the historic fabric for reconstruction;

(iv) a schedule of works for reconstruction; and

(v) a timetable for the completion of the reconstruction.

(7) In the event that the Secretary of State approves details for the relocation of the historic fabric under sub-paragraph (6)(b), the undertaker must relocate the historic fabric in accordance with the details so approved, unless otherwise agreed with the Secretary of State.

(8) The undertaker must provide a copy of the level 3 record to Bedford Borough Council and Historic England on completion of the dismantling.

(9) The level 3 record referred in sub-paragraph (8) is a record prepared in accordance with the Brook Cottages heritage strategy which conforms to a level 3 archaeological record, as defined in Historic England’s Understanding Historic Buildings: A Guide to Good Recording Practice (2016).

Highway Lighting

17

(1) No part of the authorised development may be brought into use until a written scheme of the proposed highway lighting to be provided for that part of the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant local authority on matters relating to its function.

(2) The highway lighting scheme referred to in paragraph (1) must encompass the specification, level of provision, energy efficiency, light spillage, intensity and brightness of the highway lighting and must—

(a) reflect the mitigation measures included in Chapter 8 Biodiversity and Chapter 14 Climate of the environmental statement; or

(b) where it materially differs from these measures, must demonstrate that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(3) The highway lighting must be provided in accordance with the approved details referred to in paragraph (1).

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

Noise Mitigation

18

(1) No part of the authorised development is to commence until written details of the proposed noise mitigation for the use and operation of that part of the authorised development, including noise barriers, noise bunds and low noise surfacing, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

(2) The written details referred to in paragraph (1) must—

(a) reflect the mitigation measures for operation included in Chapter 11 Noise and Vibration, of the environmental statement; or

(b) where it materially differs from these measures, must demonstrate that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

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

Construction hours

19

(1) Construction work for the authorised development must only take place between 0700 hours and 1800 hours Monday to Friday, and 0700 hours to 1300 hours on Saturdays, with no activity on Sundays or bank holidays, except as specified in paragraphs (2) and (3).

(2) Outside the hours and days specified in paragraph (1), daily start up and shut down is permitted and construction work may be undertaken for essential activities comprising—

(a) bridge and gantry demolition and installation including the installation of safety systems;

(b) works over and adjacent to the East Coast Main Line railway;

(d) site clearance of vegetation adjacent to live carriageways;

(e) site clearance of signs, street furniture and lighting columns adjacent to live carriageways;

(f) any oversize deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation, including delivery of plant;

(g) junction and highway tie-in works;

(h) installation of temporary and permanent line markings;

(i) traffic management measures and signal changes;

(j) installation of signs and technology;

(k) any emergency works or operations required for safe working;

(l) completion of activities already begun which require continuous periods of operation, such as completing concrete pouring; or

(m) non-intrusive environmental and engineering surveys.

(3) Outside the hours and days specified in paragraph (1), the undertaker may with the prior written consent of the relevant planning authority carry out the following activities—

(a) concrete pours and piling, diaphragm wall works, pavement operations;

(b) work associated with the diversion of existing utilities, including the removal of overhead power lines;

(d) intrusive environmental and engineering surveys; or

(e) activities assessed in the environmental statement or which would not give rise to new or materially different effects from those assessed in the environmental statement which do not fall within paragraph (2).

Pre-commencement works

20

Any pre-commencement works must be carried out in accordance with the biodiversity pre-commencement plan and the pre-commencement plan.

Flood risk assessment

21

(1) Subject to sub-paragraph (2), the authorised development must be carried out in accordance with the flood risk assessment, including the mitigation measures detailed in it, so that no part of the authorised development is predicted to result in any exceedance of the flood levels to properties and land shown in the flood risk assessment.

(2) Sub-paragraph (1) does not apply in any circumstance where the undertaker proposes to carry out a part of the authorised development otherwise than in accordance with the flood risk assessment and either demonstrates to the Secretary of State’s satisfaction, in consultation with the Environment Agency, that the part of the authorised development concerned would not result in an exceedance of the flood levels shown in the flood risk assessment beyond 10mm or demonstrates that all affected landowners accept the predicted exceedance of the flood levels shown in the flood risk assessment.

Construction phase local traffic monitoring

22

(1) No part of the authorised development is to commence until a construction phase local traffic monitoring scheme for the locations identified in the outline construction traffic management plan has been submitted to, and, following consultation with the relevant local highway authority, approved by the Secretary of State.

(2) The construction phase local traffic management scheme must include—

(a) a survey to assess baseline traffic at the locations identified in the outline construction traffic management plan;

(b) the methodology to be used to collect the required data;

(d) proposals for the submission of the survey data collected and an interpretative report to be provided to the relevant local highway authority; and

(e) surveys as agreed in paragraphs (b) to (d) at the location in paragraph (a).

(3) The scheme approved under sub-paragraph (1) must be implemented by the undertaker unless otherwise agreed in writing with the Secretary of State following consultation with the relevant local highway authority.

Operation phase local traffic monitoring

23

(1) No part of the authorised development is to commence until an operation phase local traffic monitoring scheme has been submitted to, and following consultation with the relevant local highway authority, approved by the Secretary of State for the following locations—

(a) Great North Road, between A428 and Nelson Road;

(b) Cambridge Road, between Station Road and A428;

(d) Brook Lane, Coton; and

(e) St Neots Road, Sandy.

(2) The operation phase local traffic monitoring scheme must include—

(a) a survey to assess baseline traffic levels at the locations listed in sub-paragraph (1)(a) to (e);

(b) an operation phase traffic survey at the locations listed in sub-paragraph (1)(a) to (e) within the first year and fifth year following the date on which the authorised development is fully completed and open for traffic to assess the changes in traffic from the baseline;

(d) the periods over which operation phase traffic is to be monitored; and

(e) proposals for the submission of the survey data collected and an interpretative report to be provided to the relevant local highway authority.

(3) The scheme approved under sub-paragraph (1) must be implemented by the undertaker unless otherwise agreed in writing with the Secretary of State following consultation with the relevant local highway authority.

Biodiversity net gain assessment and offsetting scheme

24

(1) No part of the authorised development is to commence until an updated biodiversity net gain assessment has been submitted to, and, following consultation with Natural England and the relevant local planning authorities, approved by the Secretary of State.

(2) The biodiversity net gain assessment must describe—

(a) the scope of the assessment, which must include priority habitats such as lowland mixed deciduous woodland, wood-pasture and parkland, and hedgerows;

(b) the methodology used to collect the required data based on a metric that has been agreed with Natural England and the relevant local planning authorities (such agreement not to be unreasonably withheld or delayed);

(d) the assessment findings and conclusions.

(3) If the assessment findings and conclusions demonstrate that a loss of priority habitat will be incurred, no part of the authorised development is to commence until a biodiversity offsetting scheme has been submitted to, and, following consultation with Natural England and the relevant local planning authorities, approved by the Secretary of State.

(4) A biodiversity offsetting scheme must include—

(a) details of how any priority habitat losses incurred as a result of the authorised development will be offset and the target condition for each habitat; and

(b) a programme for the implementation, monitoring and management of the biodiversity offset proposals.

(5) The biodiversity offsetting scheme must provide for its implementation before any part of the authorised development is open to traffic.

Approvals and amendments to approved details

25

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

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

26

(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker 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 27; or

(2) Subject to paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(3) Where—

(a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

(b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

(c) the application is accompanied by a report from a body required to be consulted under the requirement that considers it likely that the subject matter of the application is to 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

27

(1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

(2) In the event that the Secretary of State considers such further information to be necessary, the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within this 21 business day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 26 and in this paragraph.

(4) In this paragraph, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00107].

Register of requirements

28

(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

29

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

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

PART 1 — TRUNK ROADS

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