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The A303 (Amesbury to Berwick Down) Development Consent Order 2023

Type Statutory-Instrument
Publication 2023-07-14
Last updated 2023-08-04
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API
(1) Area (2) Private means of access to be stopped up (3) Extent of stopping up (4) New private means of access to be substituted / provided
In the administrative area of Wiltshire Council; in the parish of Berwick St James Reference a Access to field from the north side of the existing A303, 870 metres east of the junction of the A303 with the byway SLAN3 (shown on sheet 2 of the rights of way and access plans) The whole access Reference 1 To be substituted by a new private means of access in the same location as stopped up access Reference a but repositioned at the side road boundary of the new restricted byway Reference B, together with a right of vehicular access over Reference B to be granted for the benefit of the land affected by the stopping up of private means of access reference a (as shown on sheets 1, 2 and 3 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Berwick St James Reference b Access to field from the north side of the existing A303, 20 metres north of the junction of the A303 with the existing bridleway BSJA3 (shown on sheet 2 of the rights of way and access plans) The whole access Reference 2 To be substituted by a new private means of access in the same location as stopped up access Reference b, but repositioned at the side road boundary of the new restricted byway Reference B, together with a right of vehicular access over new restricted byway Reference B to be granted for the benefit of the land affected by the stopping up of private means of access reference b (as shown on sheets 1, 2 and 3 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Berwick St James Reference c Access to field from the south side of the existing A303, at a point where the A303 meets existing bridleway BSJA3 (shown on sheet 2 of the rights of way and access plans) The whole access Reference 3 To be substituted by a new private means of access in the same location as stopped up access Reference c, but repositioned at the side road boundary of the new restricted byway Reference A, together with a right of vehicular access over new restricted byway Reference A to be granted for the benefit of the land affected by the stopping up of private means of access reference c (as shown on sheets 1 and 2 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parishes of Berwick St James and Winterbourne Stoke Reference d Access to field from the north side of the existing A303, at a point 660 metres east of the junction of the existing A303 with the existing bridleway BSJA3 (shown on sheet 2 of the rights of way and access plans) A length from its junction with the existing A303 for a distance of 10 metres Reference 4 To be substituted by a new private means of access in the same location as stopped up access Reference d, but repositioned at the side road boundary of the new byway open to all traffic Reference D (as shown on sheets 2 and 3 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parishes of Berwick St James and Winterbourne Stoke Reference e Access to field from the south side of the existing A303, at a point 795 metres east of the junction of the existing A303 with existing bridleway BSJA3 (shown on sheet 2 of the rights of way and access plans) From its junction with the existing A303 for a length of 10 metres Reference 5 To be substituted by a new private means of access in the same location as stopped up access Reference e, but repositioned at the side road boundary of the new byway open to all traffic Reference D (as shown on sheets 2 and 3 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke Reference f Access to field from the west side of the existing B3083, at a point 375 metres north of the junction of the existing A303 with the B3083 north (shown on sheet 3 of the rights of way and access plans) A length from its junction with the existing B3083 for a distance of 10 metres Reference 6 To be substituted by a new private means of access to land on the west side of the realigned B3083, Reference E (as shown on sheet 3 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke - - Reference 7 New private means of access to land on the west side of the realigned B3083 (Reference E) (including a drainage pond) (as shown on sheet 3 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke - - Reference 8 New private means of access to land on the east side of the realigned B3083 (Reference E) (including a drainage pond) (as shown on sheet 3 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke - - Reference 9 New private means of access on the north side of the existing A303 to land on the south side of the new A303 (including a drainage pond) (as shown on sheet 4 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke - - Reference 10 New private means of access from the new byway open to all traffic reference F over Green Bridge Two, to be granted for the benefit of the land to the west of byway WST06B (including a drainage pond) (as shown on sheet 4 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke - - Reference 11 New private means of access from the north side of the new link to Winterbourne Stoke to land on the south side of the new A303 (including a drainage pond and land between the new A303 and the new link to Winterbourne Stoke) (as shown on sheet 5 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke - - Reference 35 New private means of access to land on the north side of the new link to Winterbourne Stoke (between the new A303 and the new link to Winterbourne Stoke) (as shown on sheet 5 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke - - Reference 36 New private means of access to land on the north side of the new link to Winterbourne Stoke (between the new A303 and the new link to Winterbourne Stoke) (as shown on sheet 5 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke - - Reference 37 New private means of access to land on the north side of the new link to Winterbourne Stoke (between the new A303 and the new link to Winterbourne Stoke) (as shown on sheet 5 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke Reference k Access to field from the north side of the existing A303, 80 metres east of the existing Longbarrow roundabout (shown on sheet 5 of the rights of way and access plans) The whole access Reference 12 To be substituted by a new private means of access in the same location as stopped up access Reference k, but repositioned at the side road boundary of the new restricted byway Reference IB, together with a right of vehicular access over new restricted byways References IB, I and IA to be granted for the benefit of the land affected by the stopping up of private means of access reference k (as shown on sheets 5 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke Reference z Access to field from the south side of the existing A303, 190 metres east of the existing Longbarrow roundabout (shown on sheet 5 of the rights of way and access plans) The whole access Reference 13 To be substituted by a new private means of access in the same location as stopped up access Reference z, but repositioned at the side road boundary of the new restricted byway Reference IB together with a right of vehicular access over new restricted byways References I, IB and IA to be granted for the benefit of the land affected by the stopping up of private means of access reference z (as shown on sheets 5, 6 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Wilsford Cum Lake Reference m Access to field from the north side of the existing A303, 400 metres east of the existing Longbarrow roundabout (shown on sheet 5 of the rights of way and access plans) The whole access Reference 14 To be substituted by a new private means of access in the same location as stopped up access Reference m, but repositioned at the side road boundary of the new restricted byway Reference I, together with a right of vehicular access over new restricted byways References I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference m (as shown on sheets 5, 6 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke Reference n Access to field from the east side of the existing A360, 400 metres north of the existing Longbarrow roundabout (shown on sheet 5 of the rights of way and access plans) The whole access Reference 15 To be substituted by a new private means of access in the same location as stopped up access Reference n, but repositioned at the side road boundary of the new restricted byway Reference IB, together with a right of vehicular access over new restricted byways References I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference n (as shown on sheets 5, 6 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Wilsford Cum Lake Reference l Access to field from the south side of the existing A303, 70 metres east of the existing Longbarrow roundabout (shown on sheet 5 of the rights of way and access plans) The whole access Reference 16 To be substituted by a new private means of access on the south side of the new restricted byway Reference IA, and crossing the new Green Bridge Four located at a point 280 metres south-east of the centre of the existing Longbarrow roundabout, together with a right of vehicular access over new restricted byways References I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference l (as shown on sheets 5, 6 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke Reference i Access to field from the west side of the existing A360, 115 metres south of the existing Longbarrow roundabout (shown on sheet 5 of the rights of way and access plans) The whole access Reference 17 To be substituted by new a private means of access on the west side of the new restricted byway Reference IA, and located at a point 325 metres south of the centre of the existing Longbarrow roundabout together with a right of vehicular access over new restricted byways References I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference i (as shown on sheets 5, 6 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke Reference j Access to field from the east side of the existing A360, 115 metres south of the existing Longbarrow roundabout (shown on sheet 5 of the rights of way and access plans) The whole access Reference 18 To be substituted by a new private means of access on the east side of the new restricted byway Reference IA, and located at a point 595 metres south of the centre of the existing Longbarrow roundabout, together with a right of vehicular access over new restricted byways References I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference j (as shown on sheets 5, 6 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Amesbury Reference o Access to field from the south side of the existing A303, 665 metres west of its junction with the existing byway open to all traffic AMES12 (shown on sheet 6 of the rights of way and access plans) The whole access Reference 19 To be substituted by a new private means of access in the same location as stopped up access Reference o, but repositioned at the side road boundary of the new restricted byway Reference I, together with a right of vehicular access over new restricted byways References I, IA, IB and J to be granted for the benefit of the land affected by the stopping up of private means of access reference o (as shown on sheets 5, 6, 7, 8 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Amesbury Reference p Access to field from the south side of the existing A303, at the junction of the existing A303 with the existing byway open to all traffic AMES11 (shown on sheet 7 of the rights of way and access plans) The whole access Reference 20 To be substituted by a new private means of access in the same location as stopped up access Reference p, but repositioned at the side road boundary of the new restricted byway Reference J, together with a right of vehicular access over new restricted byways References J, I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference p (as shown on sheets 5, 6, 7, 8 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Amesbury Reference q Access to field from the south side of the existing A303, 470 metres to the east of its junction with the existing byway open to all traffic AMES11 (shown on sheet 7 of the rights of way and access plans) The whole access Reference 21 To be substituted by a new private means of access in the same location as stopped up access Reference q, but repositioned at the side road boundary of the new restricted byway Reference J, together with a right of vehicular access over new restricted byways References J, I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference q (as shown on sheets 5, 6, 7, 8 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Amesbury Reference r Access to field from the south side of the existing A303, 925 metres to the east of its junction with the existing byway open to all traffic AMES11 (shown on sheet 7 of the rights of way and access plans) The whole access Reference 22 To be substituted by a new private means of access in the same location as stopped up access Reference r, but repositioned at the side road boundary of the new restricted byway Reference J, together with a right of vehicular access over new restricted byways References J, I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference r (as shown on sheets 5, 6, 7, 8 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Amesbury Reference s Access to field from the north side of the existing A303, 665 metres to the north-west of the junction of Stonehenge Road with footpath AMES13 (shown on sheet 8 of the rights of way and access plans) The whole access Reference 23 To be substituted by a new private means of access in the same location as stopped up access Reference s, but repositioned at the side road boundary of the new restricted byway Reference J, together with a right of vehicular access over new restricted byways References J, I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference s (as shown on sheets 5, 6, 7, 8 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Amesbury Reference t Access to field from the north side of the existing A303, 615 metres to the north-west of the junction of Stonehenge Road with footpath AMES13 (shown on sheet 8 of the rights of way and access plans) The whole access Reference 24 To be substituted by a new private means of access in the same location as stopped up access Reference t, but repositioned at the side road boundary of the new restricted byway Reference J, together with a right of vehicular access over new restricted byways References J, I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference t (as shown on sheets 5, 6, 7, 8 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Amesbury Reference u Access to field from the north side of the existing A303, 550 metres to the north-west of the junction of Stonehenge Road with footpath AMES 13 (shown on sheet 8 of the rights of way and access plans) The whole access Reference 25 To be substituted by a new private means of access in the same location as stopped up access Reference u, but repositioned at the side road boundary of the new restricted byway Reference J, together with a right of vehicular access over new restricted byways References J, I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference u (as shown on sheets 5, 6, 7, 8 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Amesbury Reference v Access to field from the south side of the existing A303, 610 metres to the north-west of the junction of Stonehenge Road with footpath AMES 13 (shown on sheet 8 of the rights of way and access plans) The whole access Reference 26 To be substituted by a new private means of access in the same location as stopped up access Reference v, but repositioned at the side road boundary of the new restricted byway Reference J, together with a right of vehicular access over new restricted byways References J, I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference v (as shown on sheets 5, 6, 7, 8 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Amesbury Reference w Access to field from the north side of the existing A303, 355 metres to the north-east of its existing junction with footpath AMES13 (shown on sheet 8 of the rights of way and access plans) The whole access Reference 27 To be substituted by a new private means of access from a point 320 metres north-west of the junction of Stonehenge Road with the footpath AMES13 to a point 610 metres north-east of the junction of Stonehenge Road with footpath AMES13, together with a right of vehicular access over new restricted byways References J, I, IA and IB to be granted for the benefit of the land affected by the stopping up of private means of access reference w (as shown on sheets 5, 6, 7, 8 and 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Bulford - - Reference 28 New private means of access along the route of the existing byway BULF12 (which is to be stopped up), from its junction with the A3028 Double Hedges for a distance of 100 metres in a generally southerly direction (as shown on sheet 11 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Bulford Reference x Access to field from the north side of the existing A3028 Double Hedges, 530 metres to the south east of the junction of Amesbury Road with the A3028 (shown on sheet 11 of the rights of way and access plans) The whole access Reference 29 To be substituted by a new private means of access to land on the north side of the realigned A3028, Double Hedges, 40 metres north-west of the point of the nosing of the entry filter lane on the A303 merge slip road (as shown on sheet 11 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Bulford Reference y Access to field from the east side of the existing Allington Track, 260 metres to the south east of the junction of the existing A303 with the Allington Track (shown on sheet 11 of the rights of way and access plans) The whole access Reference 38 To be substituted by a new private means of access to land on the east side of the realigned Allington track link, 410 metres south east of the junction of the existing A303 with the Allington Track (as shown on sheet 11 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Bulford Reference za Access link to field between byway AMES1 and Allington Track (shown on sheet 11 of the rights of way and access plans) The whole access link Reference 39 New private means of access to field from the north side of the new Allington track link, 415 metres south west of the junction of the existing A303 with the Allington Track (as shown on sheet 11 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Bulford Reference zb Access to land and premises located to the south-west of Equinox Drive and bridleway AMES 29 (shown on sheet 11of the rights of way and access plans) A length from a point 20 metres to the south-east of the junction of Equinox Drive with Solar Way, in a generally southerly direction for a distance of 280 metres Reference 40 To be substituted by a new private means of access from the west side of the new side road reference O (as shown on sheet 11 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Bulford - - Reference 41 New private means of access to field from the south side of the new Allington track link, 362 metres south west of the junction of the existing A303 with the Allington Track (as shown on sheet 11 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Bulford - - Reference 30 New private means of access to field from the west side of the B3086, 240 metres south of existing Rollestone Cross Junction (as shown on sheet 13 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Bulford - - Reference 31 New private means of access to field from the east side of the B3086, 240 metres south of the existing Rollestone Cross Junction (as shown on sheet 13 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke - - Reference 32 New private means of access to field from the east side of the A360, 445 metres south of Airman’s Corner (as shown on sheet 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke Reference zc Access to field from the west side of the existing A360, 845 metres south of Airman’s Corner (shown on sheet 14 of the rights of way and access plans) A length from its junction with the existing A360 westwards for a distance of 40 metres Reference 33 To be substituted by a new private means of access from the west side of the realigned A360, 40 metres west of the existing private means of access reference zc (as shown on sheet 14 of the rights of way and access plans)
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke Reference g Access to field from the north side of the existing A303, 580 metres west of the existing Longbarrow roundabout (shown on sheet 5 of the rights of way and access plans) The whole access To be substituted by— Reference 33 (as above) Providing access to land on the west side of the realigned A360 north; and Reference 34 Providing access to land lying between the realigned A360 north and the new restricted byway Reference IB, a new private means of access from the northernmost part of the new restricted byway Reference IB, comprising the link between the realigned A360 north and the new restricted byway Reference IB (referred to hereinafter as “the link”) located 885 metres south of Airman’s Corner, together with a right of vehicular access over the link, to be granted for the benefit of the land lying between the realigned A360 north and the new restricted byway Reference IB (both as shown on sheet 14 of the rights of way and access plans)

PART 4 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area (2) Private means of access (3) Extent of stopping up
In the administrative area of Wiltshire Council; in the parish of Winterbourne Stoke Reference h Access to field from the south side of the existing A303, 220 metres west of the existing Longbarrow roundabout (shown on sheet 5 of the rights of way and access plans) The whole access

SCHEDULE 4 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

(1) Area (2) Plot reference number(s) shown on land plans (3) Purpose(s) for which rights over land may be acquired or restrictive covenants may be imposed
The land plans – sheet 3 The land plans – sheet 3 The land plans – sheet 3
In the administrative area of Wiltshire Council, in the parish of Steeple Langford 03-13, 03-14 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development); the installation, use, protection and maintenance of, and access to, Esso’s apparatus (for the benefit of Esso and its undertaking; and for the benefit of the undertaker and the authorised development); the provision, maintenance and retention of ecological or landscape mitigation, including re-profiling; and the construction of a new private means of access to and egress from land (lying generally to the south and west of plots 03-03, 03-13 and 03-14) and being generally as shown on sheet 3 of the rights of way and access plans; and a right to use and maintain such private means of access (including a right of access with or without vehicles, plant and machinery) for the benefit of that land
In the administrative area of Wiltshire Council, in the parish of Steeple Langford 03-21, 03-28 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development); and the provision, maintenance and retention of ecological or landscape mitigation, including re-profiling
In the administrative area of Wiltshire Council, in the parish of Shrewton 03-12 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development); and the provision, maintenance and retention of ecological or landscape mitigation, including re-profiling and deposition of excavated material
In the administrative area of Wiltshire Council, in the parish of Shrewton 03-18 New rights required for the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and the Applicant)
The land plans – sheet 4 The land plans – sheet 4 The land plans – sheet 4
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 04-01 New rights required for the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development)
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 04-03, 04-05, 04-27, 04-32, 04-36, 04-38 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development); and the provision, maintenance and retention of ecological or landscape mitigation, including re-profiling
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 04-22 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development); the provision, maintenance and retention of ecological or landscape mitigation, including re-profiling; and the construction of a new private means of access to and egress from land (lying within plot 04-17) and being generally as shown on sheet 4 of the rights of way and access plans; and a right for the undertaker to use and maintain such private means of access (including a right of access with or without vehicles, plant and machinery) for the benefit of that land
The land plans – sheet 5 The land plans – sheet 5 The land plans – sheet 5
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 05-07 New rights required for— the installation, use, protection and maintenance of and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development); and the provision, maintenance and retention of ecological or landscape mitigation, including re-profiling
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 05-02, 05-10, 05-14, 05-15, 05-18 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development); and the provision, maintenance and retention of ecological or landscape mitigation
The land plans – sheet 9 The land plans – sheet 9 The land plans – sheet 9
In the administrative area of Wiltshire Council, in the parish of Amesbury 09-06, 09-12, 09-13, 09-14, 09-24, 09-25, 09-26, 09-27, 09-36, 09-37, 09-38, 09-40, 09-41, 09-45, 09-47, 09-48 New rights required for the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development)
The land plans – sheet 10 The land plans – sheet 10 The land plans – sheet 10
In the administrative area of Wiltshire Council, in the parish of Amesbury 10-02 New rights required for the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking; and for the benefit of the undertaker and the authorised development)
In the administrative area of Wiltshire Council, in the parish of Amesbury 10-18, 10-19 New rights required for the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking)
The land plans – sheet 11 The land plans – sheet 11 The land plans – sheet 11
In the administrative area of Wiltshire Council, in the parish of Amesbury 11-04, 11-05, 11-10, 11-12, 11-19, 11-25, 11-27 New rights required for the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking)
In the administrative area of Wiltshire Council, in the parish of Bulford 11-17 New rights required for the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking)
In the administrative area of Wiltshire Council, in the parish of Bulford 11-18 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking); and the construction of new private means of access to and egress from land (lying to the east and west of plots 11-18 and 11-19) and being generally as shown on sheet 11 of the rights of way and access plans; and rights to use and maintain such private means of access (including rights of access with or without vehicles, plant and machinery) for the benefit of that land
The land plans – sheet 12 The land plans – sheet 12 The land plans – sheet 12
In the administrative area of Wiltshire Council, in the parish of Shrewton 12-02 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking); the installation, use, protection and maintenance of, and access to, Esso’s apparatus (for the benefit of Esso and its undertaking and for the benefit of the undertaker and the authorised development); and the provision, maintenance and retention of ecological or landscape mitigation, including re-profiling and deposition of excavated material
The land plans – sheet 13 The land plans – sheet 13 The land plans – sheet 13
In the administrative area of Wiltshire Council, in the parish of Shrewton 13-01, 13-04 New rights required for the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking)
The land plans – sheet 14 The land plans – sheet 14 The land plans – sheet 14
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 14-01 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker and its undertaking); the provision, maintenance and retention of ecological or landscape mitigation, including re-profiling; and the construction of new private means of access to and egress from land (lying to the west and to the south of plots 14-01, 14-02 and 14-03) and being generally as shown on sheets 5 and 14 of the rights of way and access plans; and rights to use and maintain such private means of access (including rights of access with or without vehicles, plant and machinery) for the benefit of that land
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 14-09 New rights required for the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker)
The land plans – sheet 15 The land plans – sheet 15 The land plans – sheet 15
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 15-02 New rights required for— the installation, use, protection and maintenance of, and access to, statutory undertakers’ apparatus (for the benefit of the relevant statutory undertaker); and the provision, maintenance and retention of ecological or landscape mitigation

SCHEDULE 5 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on 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 purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 5 to the A303 (Amesbury to Berwick Down) Development Consent Order 2023 (“the 2023 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 5 to the 2023 Order) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where 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[^f00112] 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 the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 19 (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 22(1) (compulsory acquisition of rights)—

  • (a) with the modifications specified in paragraph 5; and
  • (b) with such other modifications as may be necessary.
5
  • (1) The modifications referred to in paragraph 4(a) are as follows.
  • (2) References in the 1965 Act to land are, in the appropriate context, 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 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[^f00113] (powers of entry) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restricted covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 19), 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[^f00114] (powers of entry: further notices of entry), 11B[^f00115] (counter-notice requiring possession to be taken on specified date), 12[^f00116] (unauthorised entry) and 13[^f00117] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.
  • (6) Section 20[^f00118] (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 25(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 to the 1965 Act substitute—

SCHEDULE2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT IN NOTICE TO TREAT (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 26 (application of the 1981 Act) of the A303 (Amesbury to Berwick Down) Development Consent Order 2023 in respect of the land to which the notice to treat relates. (2) But see article 27(4) (acquisition of subsoil, etc., only) of the A303 (Amesbury to Berwick Down) Development Consent Order 2023 which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right 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 its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the restrictive covenant, (b) the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and (c) if the right or restrictive 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 restrictive covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take. (13) If the Upper Tribunal determines that the 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 authority ought to be required to take some or all of the house, building or factory, the 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 they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 6 — LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS IN AND ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED

(1) Area (2) Plot reference number(s) shown on land plans (3) Depth of subsoil beneath the level of the surface of the land (4) Purposes for which the subsoil and new rights (including restrictive covenants) are required
The land plans – sheet 6 The land plans – sheet 6 The land plans – sheet 6 The land plans – sheet 6
In the administrative area of Wiltshire Council, in the parish of Wilford Cum Lake 06-06 1.2 metres Acquisition of subsoil for the construction and operation of the tunnel and for the installation of ground anchors adjacent to its western end, and new rights (including restrictive covenants) above, adjoining such subsoil, for the protection and maintenance of the tunnel and ground anchors
In the administrative area of Wiltshire Council, in the parish of Amesbury 06-08 1.2 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 06-11 3 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 06-13 3 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
The land plans – sheet 7 The land plans – sheet 7 The land plans – sheet 7 The land plans – sheet 7
In the administrative area of Wiltshire Council, in the parish of Amesbury 07-02 3 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 07-05 3 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 07-07 1.2 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 07-13 3 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
The land plans – sheet 8 The land plans – sheet 8 The land plans – sheet 8 The land plans – sheet 8
In the administrative area of Wiltshire Council, in the parish of Amesbury 08-02 15 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 08-07 15 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 08-09 15 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 08-10 15 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 08-11 15 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 08-12 15 metres Acquisition of subsoil for the construction and operation of the tunnel, and new rights (including restrictive covenants) above and adjoining such subsoil, for the protection and maintenance of the tunnel
In the administrative area of Wiltshire Council, in the parish of Amesbury 08-14 1.2 metres Acquisition of subsoil for the construction and operation of the tunnel and for the installation of ground anchors adjacent to its eastern end; new rights (including the right to impose restrictive covenants) above, up to and including the surface, for the protection and maintenance of the tunnel and ground anchors; new rights for the construction of a new private means of access to land on the north side of the new and improved A303 (as shown illustratively on sheet 8 of the rights of way and access plans, as new private means of access Reference 27); and new rights to use and maintain such private means of access (including a right of access with or without vehicles, plant and machinery) to be granted for the benefit of the land served by that private means of access, being land to the north of the new and improved A303

SCHEDULE 7 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

(1) Area (2) Plot reference number(s) shown on land plans (3) Purpose for which temporary possession may be taken (4) Relevant part of the authorised development
The land plans – sheet 1 The land plans – sheet 1 The land plans – sheet 1 The land plans – sheet 1
In the administrative area of Wiltshire Council, in the parish of Steeple Lanford 01-07, 01-09 Required to facilitate the construction of the new and improved A303; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work No. 1A
The land plans – sheet 3 The land plans – sheet 3 The land plans – sheet 3 The land plans – sheet 3
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 03-05 Required to facilitate the construction of the new and improved A303 and the de-trunking of the existing A303; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 1A and 3A
The land plans – sheet 4 The land plans – sheet 4 The land plans – sheet 4 The land plans – sheet 4
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 04-04 Required to facilitate the construction of the new and improved A303 and the realigned B3083; for landscape re-profiling; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 1A, 1B and 2
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 04-21 Required to facilitate the construction of the new and improved A303; and the de-trunking of the existing A303; for landscape re-profiling; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 1B, 1C, 3A and 3B
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 04-23, 04-25 Required to facilitate the construction of the new and improved A303 and of the new link road between the de-trunked A303 at Winterbourne Stoke and the new Longbarrow Junction; for use in connection with the de-trunking of the existing A303; for landscape re-profiling; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 1B, 1C, 3B and 3C
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 04-31, 04-34 Required to facilitate the construction of the new and improved A303 and of the new link road between the de-trunked A303 at Winterbourne Stoke and the new Longbarrow Junction; for use in connection with the de-trunking of the existing A303; for landscape re-profiling; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 1C, 3B and 3C
The land plans – sheet 5 The land plans – sheet 5 The land plans – sheet 5 The land plans – sheet 5
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 05-01 Required to facilitate the construction of the new link road between the de-trunked A303 at Winterbourne Stoke and the new Longbarrow Junction; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 3B and 3C
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 05-11 Required to facilitate the construction of the new and improved A303 and of the new link road between the de-trunked A303 at Winterbourne Stoke and the new Longbarrow Junction; for construction of the new alignment of the A360; for use in connection with the de-trunking of the existing A303; for archaeological and ecological mitigation; for landscape re-profiling; and to provide temporary storage, laydown areas and working space Work Nos. 1C, 3B, 3C and 4
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 05-13 Required to facilitate the construction of the new and improved A303 and of the new link road between the de-trunked A303 at Winterbourne Stoke and the new Longbarrow Junction; for landscape re-profiling; for construction of the new alignment of the A360; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 1C, 3B, 3C and 4
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 05-37 Required for construction of the new restricted byway and private means of access on the line of the existing A303; for archaeological and ecological mitigation; and to provide temporary storage. laydown areas and working space Work No. 6
The land plans – sheet 8 The land plans – sheet 8 The land plans – sheet 8 The land plans – sheet 8
In the administrative area of Wiltshire Council, in the parish of Amesbury 08-21 Required to facilitate the construction of the new and improved A303; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 1G and 1H
The land plans – sheet 9 The land plans – sheet 9 The land plans – sheet 9 The land plans – sheet 9
In the administrative area of Wiltshire Council, in the parish of Amesbury 09-01 Required to facilitate the construction of the new and improved A303; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 1G, 1H
In the administrative area of Wiltshire Council, in the parish of Amesbury 09-07, 09-15, 09-16, 09-17 Required to facilitate the construction of the new and improved A303; and to provide temporary storage, laydown areas and working space Work No. 1H
The land plans – sheet 10 The land plans – sheet 10 The land plans – sheet 10 The land plans – sheet 10
In the administrative area of Wiltshire Council, in the parish of Amesbury 10-20, 10-23 Required to facilitate the construction of a new highway connecting Equinox Drive and Allington Track; to facilitate the provision of replacement land given in exchange for open space; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work No. 7
The land plans – sheet 11 The land plans – sheet 11 The land plans – sheet 11 The land plans – sheet 11
In the administrative area of Wiltshire Council, in the parish of Amesbury 11-11 Required to facilitate the construction of the new and improved A303; for archaeological and ecological mitigation; and for works in connection with the stopping up of byway AMES1 and its substitution with a footpath; and to provide temporary storage, laydown areas and working space Work Nos. 1H and 7
In the administrative area of Wiltshire Council, in the parish of Amesbury 11-14, 11-15 Required to facilitate the construction of the new and improved A303; for archaeological and ecological mitigation; for improvements to Amesbury Road; and to provide temporary storage, laydown areas and working space Work No. 1H
In the administrative area of Wiltshire Council, in the parish of Amesbury 11-23, 11-26 Required to facilitate the construction of the new and improved A303; for use in connection with the stopping up of Allington Track; for archaeological and ecological mitigation; to facilitate the construction of a new highway connecting Equinox Drive with Allington Track; and to provide temporary storage, laydown areas and working space Work Nos. 1H and 7
In the administrative area of Wiltshire Council, in the parish of Amesbury 11-32 Required to facilitate the construction of a new highway connecting Equinox Drive with Allington Track; to facilitate the provision of replacement land given in exchange for open space; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work No. 7
The land plans – sheet 12 The land plans – sheet 12 The land plans – sheet 12 The land plans – sheet 12
In the administrative area of Wiltshire Council, in the parish of Shrewton 12-05 Required in connection with the construction of the new and improved A303; for archaeological and ecological mitigation; to facilitate traffic management associated with the realignment of the B3083; and to provide temporary storage, laydown areas and working space Work No. 2
The land plans – sheet 13 The land plans – sheet 13 The land plans – sheet 13 The land plans – sheet 13
In the administrative area of Wiltshire Council, in the parish of Shrewton 13-06 Required to facilitate the realignment of the Rollestone Cross junction; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work No. 5
In the administrative area of Wiltshire Council, in the parish of Shrewton 13-09, 13-10 Required to facilitate the provision of private means of access to land south of the Rollestone Cross junction; and for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work No. 5
The land plans – sheet 14 The land plans – sheet 14 The land plans – sheet 14 The land plans – sheet 14
In the administrative area of Wiltshire Council, in the parish of Shrewton 14-03 Required to facilitate the realignment of the A360 and construction of a new restricted byway; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work No. 4
The land plans – sheet 15 The land plans – sheet 15 The land plans – sheet 15 The land plans – sheet 15
In the administrative area of Wiltshire Council, in the parish of Winterbourne Stoke 15-01 Required to facilitate the construction of the new and improved A303 and of the new link road between the de-trunked A303 at Winterbourne Stoke and the new Longbarrow Junction; to facilitate the construction of the new alignment of the A360; for archaeological and ecological mitigation; and to provide temporary storage, laydown areas and working space Work Nos. 1C, 3B, 3C and 4

SCHEDULE 8 — BYELAWS

PART 1 — PRELIMINARY

1

These byelaws may be cited as the A303 (Amesbury to Berwick Down) Byelaws 2023 and are deemed to have been made by the undertaker under article 44(1) (byelaws relating to the tunnel area) of the A303 (Amesbury to Berwick Down) Development Consent Order 2023 and confirmed by the Secretary of State as provided for by article 44(2) of that Order.

Interpretation

2
  • (1) In these byelaws unless the context otherwise requires—
  • “authorised person” means— a person acting in the course of that person’s duties who— is an employee, agent, contractor or sub-contractor of the undertaker; or is authorised by the undertaker to exercise one or more of its functions under this Order; or a constable, Police Community Support Officer, an officer of the Driver and Vehicle Standards Agency, an officer of the Health and Safety Executive, a person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire and Rescue Services Act 2004[^f00119], a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002[^f00120], or a traffic officer, acting in the execution of that person’s duties within the tunnel;
  • “byelaws” means these byelaws;
  • “dangerous goods” means a substance or article of which the international carriage by road is prohibited, or authorised on certain conditions, by Annex A of the European Agreement Concerning the International Carriage of Dangerous Goods by Road as from time to time amended;
  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
  • “notice” includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;
  • “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the Traffic Management Act 2004[^f00121];
  • “trailer” means a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;
  • “tunnel” means the road tunnel to be constructed as part of Work No. 1 and as shown by a solid blue line on the tunnel area plan;
  • “tunnel approaches” means the western and eastern approaches to the tunnel, the linear extents of which are shown by dashed blue lines on the tunnel area plan;
  • “tunnel area” means the extent of the public highway to be comprised in and along the tunnel and the tunnel approaches;
  • “tunnel area plan” means the plans of that description certified by the Secretary of State under article 55 (certification of plans, etc) of the A303 (Amesbury to Berwick Down) Development Consent Order 2023;
  • “tunnel equipment” includes plant and machinery, and any emergency, safety or communications equipment;
  • “tunnel infrastructure” means the structure (including the carriageway) of the tunnel area;
  • “vaporiser” means an electronic device that can be used to deliver nicotine or other substances to a person inhaling from the device;
  • “undertaker” means Highways England Company Limited (Company No. 09346363) of Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ; and
  • “Work No. 1” means the work of that description in Schedule 1 (authorised development) to the A303 (Amesbury to Berwick Down) Development Consent Order 2023.
  • (2) The Interpretation Act 1978[^f00122] applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

PART 2 — CONDUCT AND BEHAVIOUR

Smoking etc.

3

A person in the tunnel area must not—

  • (a) smoke or carry an item that is alight including a lit cigar, cigarette, cigarillo, match, pipe or lighter; or
  • (b) use a vaporiser.

Unacceptable behaviour

4

A person must not—

  • (a) climb upon, remove or damage (whether deliberately or negligently) any tunnel infrastructure or tunnel equipment;
  • (b) remove, move or otherwise interfere with the tunnel or any machinery, apparatus, tools or other things in use or intended for use in connection with the tunnel or the tunnel approaches;
  • (c) post a bill, placard or notice on any tunnel infrastructure or tunnel equipment;
  • (d) write, print, draw or paint on or cut, mark or stamp any tunnel infrastructure or tunnel equipment;
  • (e) fix anything to any tunnel equipment or tunnel infrastructure;
  • (f) spit, urinate or defecate in the tunnel area;
  • (g) leave litter or waste in the tunnel area;
  • (h) move, alter, deface or otherwise interfere with any notice belonging to the undertaker which is exhibited or placed in the tunnel area; or
  • (i) without prejudice to any other requirement of these byelaws, act in any way as to cause a nuisance in the tunnel area.

PART 3 — EQUIPMENT AND SAFETY

General safety

5
  • (1) A person must not operate, obstruct, interfere with or stop any tunnel equipment except—
  • (a) by means of any of the controls intended for use by that person; or
  • (b) in an emergency and by means of equipment on or near which is a notice indicating that it is to be used in an emergency.
  • (2) A person must not place, throw, drop or trail anything which is capable of injuring or endangering any person or damaging any property in the tunnel area.
  • (3) A person must not obstruct or in any way interfere with the tunnel area.
  • (4) A person must not, without reasonable cause, activate, use or interfere with any emergency, safety or communications equipment within the tunnel area.

PART 4 — ACCESS AND TRAFFIC

Unauthorised access and loitering

6
  • (1) A person must not enter, attempt to enter or remain in any part of the tunnel area where there is a notice prohibiting or restricting access.
  • (2) A person must not loiter in the tunnel area if asked to leave by an authorised person.
  • (3) A driver of a motor vehicle must not sleep within the tunnel area.

Traffic regulation

7
  • (1) A person must not enter the tunnel area on foot.
  • (2) A person (other than an authorised person) must not use or cause to be used within the tunnel area a pedal cycle (whether electric or not), tricycle, barrow, cart, buggy, pedicab, rickshaw, vehicle used as a personal transporter, or human or animal drawn means of conveyance except if it is conveyed as the load or part of the load of a motor vehicle.
  • (3) A person must not take into the tunnel area an animal unless the animal is enclosed in a motor vehicle or trailer.
  • (4) A person must not release an animal from a motor vehicle in the tunnel area.
  • (5) A person must not enter the tunnel area in a vehicle which has insufficient fuel or power for the journey to be completed in the tunnel area without the need for additional fuel or power.
  • (6) A person must not abandon a motor vehicle in the tunnel area except in an emergency as directed by an authorised person.
  • (7) A person must not operate a motor vehicle music or sound system at such volume as to cause nuisance to users of the tunnel area.
  • (8) A person must not unnecessarily, inappropriately or excessively use a car horn, klaxon or lights (including car lamps) in the tunnel area.
  • (9) A person must not take or cause to be taken into the tunnel area a motor vehicle which by reason of its condition is likely to break down or is in such condition as is likely to injure persons or damage property.
  • (10) A person must not use or cause to be used a motor vehicle in the tunnel area unless the load carried by the motor vehicle is at all times contained or secured (if necessary by physical restraint other than its own weight) and is in such a position that neither danger nor nuisance is caused or is likely to be caused to a person or property by reason of the load or any part of the load falling or being thrown from the motor vehicle.
  • (11) No driver of or passenger in a motor vehicle which has broken down may carry out repairs to or refuel a motor vehicle in the tunnel area without the permission of an authorised person.
  • (12) A driver of a motor vehicle which has broken down in the tunnel area must—
  • (a) immediately notify an authorised person of the breakdown; and
  • (b) switch on the motor vehicle’s hazard lights.
  • (13) A driver of a motor vehicle which has shed its load in full or in part in the tunnel area such that it has caused, or may cause, an obstruction or other hazard to users of the tunnel area must—
  • (a) not attempt to reclaim the load;
  • (b) immediately inform an authorised person of the loss of the load and of its approximate location; and
  • (c) immediately inform an authorised person of the identity of, and contact details for, the owner of the load.
  • (14) A driver of a motor vehicle must not (unless directed by an authorised person) drive in the tunnel area at a speed of less than ten miles per hour except where the driver is prevented from driving at or above ten miles per hour on account of the traffic flow.
  • (15) A driver of a motor vehicle must comply with any direction given by an authorised person or traffic notice, sign or signal at any time in terms of the traffic lanes to be used by motor vehicles or not to be used by motor vehicles.

Dangerous goods

8
  • (1) A person must not, except with the consent of the undertaker, take or cause or permit to be taken into the tunnel area a motor vehicle carrying dangerous goods and must at all times when in the tunnel area comply with the conditions imposed by paragraph (2) below.
  • (2) The consent of the undertaker, if granted, is subject to the condition that no person may drive into the tunnel area any motor vehicle to which paragraph (1) applies except with such escort as may be directed or required by an authorised person and the driver of every such motor vehicle must take and comply with such directions or precautionary measures as an authorised person considers expedient in the circumstances.
  • (3) The consent of the undertaker under this byelaw may be granted generally or specifically, including in respect of any category or description of dangerous goods.
  • (4) The undertaker must provide and maintain on its website a mechanism for potential tunnel users to obtain the consent required under paragraph (1) above or granted under paragraph (3).
  • (5) A driver of a motor vehicle in the tunnel area must not prevent an authorised person from inspecting the motor vehicle for the purpose of ascertaining compliance with the requirements which apply at any time in respect of the carriage of dangerous goods.

PART 5 — ENFORCEMENT, ETC.

Name and address

9
  • (1) A person reasonably suspected by an authorised person of breaching or attempting to breach a byelaw must immediately give that person’s name and address when requested to do so by an authorised person.
  • (2) The authorised person requesting details under paragraph (1) must state the nature of the suspected breach of the byelaw in general terms at the time of the request.

Compliance with instructions and notices, etc.

10
  • (1) A person in the tunnel area must carry out the reasonable instructions of an authorised person or the requirements of a notice displayed by the undertaker.
  • (2) A person must not obstruct an authorised person acting in the course of the person’s duties.
  • (3) A person acting in compliance with the instructions of an authorised person does not commit a breach of the byelaw which otherwise prohibits the act.
  • (4) A person is not subject to a penalty for breach of a byelaw by disobeying a notice unless it is proved to the satisfaction of the Court before which the complaint is laid that the notice referred to in the particular byelaw was displayed.

Identification of authorised persons

11
  • (1) An authorised person who is exercising any power conferred on an authorised person by any of the byelaws must produce a form of identification when requested to do so.
  • (2) The form of identification mentioned in paragraph (1) must include the name of the authorised person’s employer and a means of identifying the authorised person.

Breaches by authorised persons

12

An authorised person acting in the course of the authorised person’s duties is not liable for a breach of a byelaw.

Attempted breach

13

A person who attempts to breach a byelaw is liable to the same penalty as a person who breaches a byelaw.

SCHEDULE 9 — CLASSIFICATION OF ROADS ETC.

PART 1 — THE NEW AND IMPROVED A303 TRUNK ROAD

In the administrative area of Wiltshire Council—

An 11.6 kilometre length of new road

1

An 11.6 km length of new road to be constructed and classified (as identified in sub-paragraphs (a) to (i) below) as part of the A303 trunk road (such length also including existing highway to be improved, as identified in sub-paragraphs (a) and (i) below)—

  • (a) commencing from a point 1.26 km to the east of the centre point of iron age hillfort Yarnbury Castle and following the existing A303 alignment for a distance of 1000 metres in a generally easterly direction to a point 1.85 km west of the junction of the existing A303 with Berwick Road B3083;
  • (b) then departing from the existing alignment in a north easterly direction, to the north of Winterbourne Stoke, for a distance of 1.74 km, to cross the route of the existing B3083 at a point 475 metres north of its junction with the existing A303;
  • (c) continuing to the north of Winterbourne Stoke for a distance of 517 metres and crossing the River Till on a new viaduct at a point 395 metres north of the existing A303 river crossing;
  • (d) departing from the River Till and continuing in a generally easterly direction for a distance of 1.48 km to a crossing point with the existing A303 at a point 693 metres to the west of the centre of the existing Longbarrow roundabout;
  • (e) passing beneath the new bridge at Longbarrow Junction which it is proposed will carry the realigned A360 and then continuing in an easterly direction for a distance of 694 metres to pass the existing A360 in cutting at a point 95 metres south of the centre of the existing Longbarrow roundabout;
  • (f) from the A360 continuing in a generally easterly direction, running parallel with and to the south of the existing A303 for a distance of 971 metres to the new western tunnel portal, at a point 940 metres to the west of the crossing point of existing byway AMES12 and 60 metres to the south of the existing A303 at that point;
  • (g) continuing within the new tunnel for a distance of 2.25 km, to the crossing point of the existing A303 located 920 metres east of the junction of byway AMES 11;
  • (h) continuing within the new tunnel in an easterly direction, for a distance of 1.01 km to the new eastern tunnel portal, located at a point 710 metres to the east of the junction of the existing A303 and Bridleway AMES10 and 65 metres to the north of the centre of the existing A303; and
  • (i) from the new eastern portal eastwards for a distance of 1.93 km, following the route of the existing A303 and continuing through the improved Countess junction on a new flyover, then terminating at a point located 630 metres to the east of the centre point of the existing Countess roundabout,

identified by a red line on the classification of roads plan.

PART 2 — THE NEW LONGBARROW JUNCTION AND THE SLIP ROADS

In the administrative area of Wiltshire Council—

A303 eastbound diverge slip road

2

A 525 metre length of new slip road to be classified as part of the A303 trunk road, commencing from its diverge point on the centre of the new A303 eastbound carriageway in an easterly direction to its junction with the new northern roundabout at Longbarrow Junction,

identified by a red line on the classification of roads plan.

A303 eastbound merge slip road

3

A 485 metre length of new slip road to be classified as part of the A303 trunk road, commencing from its junction with the new northern roundabout at Longbarrow Junction and continuing in an easterly direction to its merge point on the centre of the eastbound carriageway of the new A303 trunk road,

A303 westbound diverge slip road

4

A 495 metre length of new slip road to be classified as part of the A303 trunk road, commencing from its diverge point on the centre on the new A303 westbound carriageway in a westerly direction to its junction with the new southern roundabout at Longbarrow Junction,

A303 westbound merge slip road

5

A 540 metre length of new slip road to be classified as part of the A303 trunk road, commencing from its junction with the new southern roundabout at Longbarrow Junction and continuing in a westerly direction to its merge point on the centre of the westbound carriageway of the new A303 trunk road,

In the administrative area of Wiltshire Council—

6

A 1083 metre length of new road to be classified as part of the re-aligned A360 commencing from its junction with the new northern roundabout at Longbarrow Junction and extending in a north-easterly direction, to the point where it merges with the existing A360, at a point 760 metres north of the centre of the existing Longbarrow roundabout,

7

A 180 metre length of new road to be classified as part of the A360, commencing from its junction with the new northern roundabout at Longbarrow Junction in a southerly direction to its junction with the new southern roundabout at Longbarrow Junction, and including the whole of the circulatory carriageway of the new northern and southern roundabouts at Longbarrow Junction,

8

A 785 metre length of new road to be classified as part of the re-aligned A360 commencing from its junction with the new southern roundabout at Longbarrow Junction and extending in a south-easterly direction, to the point where it merges with the existing A360, at a point 760 metres south of the centre of the existing Longbarrow roundabout,

9

A 610 metre length of new road to be classified as a C class road and recorded by the local highway authority as the C507 commencing from its junction with the new southern roundabout at Longbarrow Junction and extending in a westerly direction, to where it merges with the existing A303, at a point 625 metres west of the new southern roundabout at Longbarrow Junction and 280 metres to the east of the junction of existing Byway WST06B with the existing A303,

PART 4 — THE NEW ROLLESTONE CROSS

In the administrative area of Wiltshire Council—

A 230 metre length of new road (B3086 northbound approach)

10

A 230 metre length of new road to be constructed and classified as part of the B3086 commencing from a point 2.97 km north of the existing Longbarrow roundabout and extending northwards, to a point 85 metres to the east of the existing Rollestone Cross,

A 135 metre length of new road (Unclassified westbound approach)

11

A 135 metre length of new road to be constructed and classified as part of the Unclassified 094402 (The Packway) from a point 85 metres east of the existing Rollestone Cross to a point 165 metres east of the existing Rollestone Cross,

A 140 metre length of new road (B3086 eastbound approach)

12

A 140 metre length of new road to be constructed and classified as part of the B3086 between a point 55 metres west of the existing Rollestone Cross and a point 85 metres east of the existing Rollestone Cross,

PART 5 — THE NEW B3083

In the administrative area of Wiltshire Council—

A 725 metre length of new road (realigned B3083)

13

A 725 metre length of new road to be constructed and classified as part of the realigned B3083 Road located 50 metres to the west of the existing B3083, north of Winterbourne Stoke, and extending generally northwards from a point 160 metres north of the existing junction of the B3083 and the A303,

PART 6 — THE NEW COUNTESS JUNCTION SLIP ROADS

In the administrative area of Wiltshire Council—

A303 eastbound diverge slip road

14

A 570 metre length of new slip road to be classified as part of the A303 trunk road, commencing from its diverge point on the centre of the improved A303 eastbound carriageway in an easterly direction to a point 14 metres west of its junction with the existing Countess roundabout,

A303 eastbound merge slip road

15

A 470 metre length of new slip road to be classified as part of the A303 trunk road, commencing from a point 17 metres east of its junction with the existing Countess roundabout and continuing in an easterly direction to its merge point on the centre of the eastbound carriageway of the improved A303 trunk road,

A303 westbound diverge slip road

16

A 425 metre length of new slip road to be classified as part of the A303 trunk road, commencing from its diverge point on the centre on the improved A303 westbound carriageway in a westerly direction to a point 25 metres east of its junction with the existing Countess roundabout,

A303 westbound merge slip road

17

A 475 metre length of new slip road to be classified as part of the A303 trunk road, commencing from a point 26 metres west of its junction with the existing Countess roundabout and continuing in a westerly direction to its merge point on the centre of the westbound carriageway of the improved A303 trunk road,

PART 7 — THE EXISTING A303

In the administrative area of Wiltshire Council—

A 570 metre length of existing A303 trunk road

18

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