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

A 570 metre length of the existing A303 trunk road to the west of Winterbourne Stoke to be declassified (changing from its trunk road status to an unclassified road) from a point immediately west of its junction with the existing southern B3083 in a westerly direction,

A 350 metre length of existing A303 trunk road

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A 350 metre length of existing A303 trunk road to be reclassified as part of the B3083 from a point immediately to the west of its junction with the existing B3083 south, to the west of Winterbourne Stoke, to a point immediately east of the existing junction of the B3083 north with the existing A303,

A 1.24 kilometre length of existing A303 trunk road

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A 1.24 km length of existing A303 trunk road to be classified as a C class road and recorded by the local highway authority as the C507, commencing from a point immediately to the east of its junction with the existing B3083 north at Winterbourne Stoke to a point 280 metres to the east of the junction of existing byway WST06B with the existing A303,

A 345 metre length of existing A303 trunk road

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A length of 345 metres of highway, comprising the existing A303 circulatory carriageway (and related highway verge) at Countess junction roundabout to be re-classified as the A345, together with the following connecting lengths of slip road—

• (a) a 14 metre length of the existing A303 eastbound diverge slip road to be re-classified as part of the A345, commencing from the edge of the circulatory carriageway and extending in a westerly direction;

• (b) a 17 metre length of the existing A303 eastbound merge slip road to be re-classified as part of the A345, commencing from the edge of the circulatory carriageway and extending in an easterly direction;

• (c) a 25 metre length of the existing A303 westbound diverge slip road to be re-classified as part of the A345, commencing from the edge of the circulatory carriageway and extending in an easterly direction; and

• (d) a 26 metre length of the existing A303 westbound merge slip road to be re-classified as part of the A345, commencing from the edge of the circulatory carriageway and extending in a westerly direction,

as shown by a pink line on the classification of roads plan.

PART 8 — THE NEW ALLINGTON TRACK LINK ROAD

In the administrative area of Wiltshire Council—

A 985 metre length of new road

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A 985 metre length of new road to be unclassified, located from its junction with Equinox Drive for a distance of 955 metres in a generally easterly direction,

PART 9 — ROADS TO BE DE-TRUNKED

In the administrative area of Wiltshire Council—

A 2.28 kilometre length of the existing A303 trunk road

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A length of 2.28 kilometres of the existing A303 trunk road from point A on sheet 1 of the de-trunking plans, being a point on the A303 trunk road 900 metres west of its junction with the B3083 north, in an easterly direction (including the lay-by on the north side of the existing A303, west of Winterbourne Stoke) to point B on sheet 2 of the de-trunking plans, being a point on the existing A303 trunk road, 400 metres east of its intersection with byway WST06B.

A 345 metre length of the existing A303 trunk road

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A length of 345 metres of highway, comprising the existing A303 circulatory carriageway (and related highway verge and footway links on the east and west sides of the A345 route) at Countess junction roundabout, together with the following connecting lengths of slip road—

• (a) a 14 metre length of the existing A303 eastbound diverge slip road commencing from the edge of the circulatory carriageway and extending in a westerly direction;

• (b) a 17 metre length of the existing A303 eastbound merge slip road commencing from the edge of the circulatory carriageway and extending in an easterly direction;

• (c) a 25 metre length of the existing A303 westbound diverge slip road commencing from the edge of the circulatory carriageway and extending in an easterly direction; and

• (d) a 26 metre length of the existing A303 westbound merge slip road commencing from the edge of the circulatory carriageway and extending in a westerly direction,

as shown at point C on sheet 3 of the de-trunking plans.

SCHEDULE 10 — TRAFFIC REGULATION MEASURES

Note 1: The naming conventions used in this Schedule to describe roads, junctions and structures relate to the naming conventions used in the labels on the traffic regulation measures plans.

Note 2: References to the national speed limit in column (3) of the table in Part 1 of this Schedule are references to the maximum speed limits specified under the 1984 Act and to provision made, or deemed to have been made, under the 1984 Act.

PART 1 — SPEED LIMITS

(1) Parish(es)	(2) Road name, number and length	(3) Speed limit
The traffic regulation measures plans (speed limits) – sheets 1, 2 and 3	The traffic regulation measures plans (speed limits) – sheets 1, 2 and 3	The traffic regulation measures plans (speed limits) – sheets 1, 2 and 3
Steeple Langford, Berwick St James	New eastbound A303 trunk road (dual carriageway) From a point 350 metres to the south east of the centre of Yarnbury Castle to a point 2.7 kilometres west of the existing Longbarrow roundabout.	National speed limit (70 miles per hour)
The traffic regulation measures plans (speed limits) – sheets 1, 2, 3, 4 and 5	The traffic regulation measures plans (speed limits) – sheets 1, 2, 3, 4 and 5	The traffic regulation measures plans (speed limits) – sheets 1, 2, 3, 4 and 5
Steeple Langford and Berwick St James and Winterbourne Stoke	New westbound A303 trunk road (dual carriageway) From a point 370 metres to the south east of the centre of Yarnbury Castle to a point 740 metres west of the existing Longbarrow roundabout.	National speed limit (70 miles per hour)
The traffic regulation measures plans (speed limits) – sheet 3	The traffic regulation measures plans (speed limits) – sheet 3	The traffic regulation measures plans (speed limits) – sheet 3
Winterbourne Stoke	New (realigned) B3083 Between a point 840 metres north of the junction of the existing B3083 North and the existing A303 at Winterbourne Stoke and a point 25 metres north of the existing junction of the B3083 North and the existing A303.	50 miles per hour
The traffic regulation measures plans (speed limits) – sheets 3 and 4	The traffic regulation measures plans (speed limits) – sheets 3 and 4	The traffic regulation measures plans (speed limits) – sheets 3 and 4
Winterbourne Stoke	Existing A303 Trunk Road Between a point 890 metres west of the junction of the existing A303 with the B3083 North and a point 285 metres east of the junction of the existing A303 with the B3083 North at Winterbourne Stoke, for a distance of 1.2 kilometres.	30 miles per hour
The traffic regulation measures plans (speed limits) – sheets 3, 4, 5, 6, 7, 8, 9 and 10	The traffic regulation measures plans (speed limits) – sheets 3, 4, 5, 6, 7, 8, 9 and 10	The traffic regulation measures plans (speed limits) – sheets 3, 4, 5, 6, 7, 8, 9 and 10
Winterbourne Stoke, Wilsford Cum Lake and Amesbury	New eastbound A303 Trunk Road (including Tunnel Section) Between a point 2.7 kilometres west of the existing Longbarrow roundabout and a point 870 metres east of the centre of the existing Countess Roundabout, a distance of 9.1 km.	Variable speed limit
Winterbourne Stoke, Wilsford Cum Lake and Amesbury	New westbound A303 Trunk Road (including Tunnel Section) Between a point 2 kilometres east of the centre of the existing Countess roundabout and a point 740 metres west of the existing Longbarrow roundabout, a distance of 8.3 kilometres.	Variable speed limit
The traffic regulation measures plans (speed limits) – sheets 4 and 5	The traffic regulation measures plans (speed limits) – sheets 4 and 5	The traffic regulation measures plans (speed limits) – sheets 4 and 5
Winterbourne Stoke	Existing A303 Trunk Road Between a point 285 metres east of the junction of the existing A303 with the B3083 North at Winterbourne Stoke and the centre point of the southern roundabout at the new Longbarrow Junction.	40 miles per hour
Winterbourne Stoke	New A303 Trunk Road Longbarrow Junction Eastbound Diverge Slip Road From a point 670 metres west of the centre point of the existing Longbarrow roundabout for a distance of 450 metres in a westerly direction.	Variable speed limit
The traffic regulation measures plans (speed limits) – sheet 5	The traffic regulation measures plans (speed limits) – sheet 5	The traffic regulation measures plans (speed limits) – sheet 5
Winterbourne Stoke	New A303 Trunk Road Longbarrow Junction Eastbound Diverge Slip Road From a point 670 metres west of the centre point of the existing Longbarrow roundabout for a distance of 75 metres in a generally easterly direction.	40 miles per hour
Winterbourne Stoke	New A303 Trunk Road Longbarrow Junction Eastbound Merge Slip Road From a point 505 metres west of the centre point of the existing Longbarrow roundabout for a distance of 50 metres in a generally westerly direction.	40 miles per hour
Winterbourne Stoke	New A303 Trunk Road Longbarrow Junction Eastbound Merge Slip Road From a point 505 metres west of the centre point of the existing Longbarrow roundabout for a distance of 435 metres in a generally easterly direction.	Variable speed limit
Winterbourne Stoke	New A303 Trunk Road Longbarrow Junction Westbound Diverge Slip Road From a point 585 metres south-west of the centre point of the existing Longbarrow roundabout for a distance of 95 metres in a generally easterly direction.	40 miles per hour
Winterbourne Stoke	New A303 Trunk Road Longbarrow Junction Westbound Diverge Slip Road From a point 495 metres south-west of the centre point of the existing Longbarrow roundabout for a distance of 400 metres in a generally easterly direction.	Variable speed limit
Winterbourne Stoke	New A303 Trunk Road Longbarrow Junction Westbound Merge Slip Road From a point 640 metres south-west of the centre point of the existing Longbarrow roundabout for a distance of 50 metres in a generally westerly direction.	40 miles per hour
Winterbourne Stoke	New A303 Trunk Road Longbarrow Junction Westbound Merge Slip Road From a point 665 metres south-west of the centre point of the existing Longbarrow roundabout for a distance of 495 metres in a generally westerly direction.	National speed limit (70 miles per hour)
Winterbourne Stoke	Re-aligned A360 between northern and southern roundabouts at the new Longbarrow Junction From a point 570 metres west of the existing Longbarrow roundabout to a point 610 metres south-west of the existing Longbarrow roundabout, a distance of 180 metres along both carriageways between the northern and the southern roundabouts at the new Longbarrow junction, including the circulatory carriageway of both new roundabouts.	40 miles per hour
Winterbourne Stoke	Realigned A360 South at the New Longbarrow Junction From a point 605 metres southwest of the centre point of the existing Longbarrow roundabout for a distance of 70 metres along the realigned A360 South in a generally southerly direction.	40 miles per hour
Winterbourne Stoke	Realigned A360 North at the New Longbarrow Junction From a point 550 metres west of the centrepoint of the existing Longbarrow roundabout for a distance of 70 metres along the realigned A360 North in a generally north-westerly direction	40 miles per hour
The traffic regulation measures plans (speed limits) – sheets 5 and 15	The traffic regulation measures plans (speed limits) – sheets 5 and 15	The traffic regulation measures plans (speed limits) – sheets 5 and 15
Winterbourne Stoke	Realigned A360 South at the New Longbarrow Junction From a point 570 metres southwest of the centre point of the existing Longbarrow roundabout for a distance of 715 metres along the realigned A360 South in a generally southerly direction.	National speed limit (60 miles per hour)
The traffic regulation measures plans (speed limits) – sheets 5 and 14	The traffic regulation measures plans (speed limits) – sheets 5 and 14	The traffic regulation measures plans (speed limits) – sheets 5 and 14
Winterbourne Stoke	Realigned A360 North at the New Longbarrow Junction From a point 500 metres west of the existing Longbarrow roundabout for a distance of 1.01 km in a generally northerly direction along the realigned A360 North.	National speed limit (60 miles per hour)
The traffic regulation measures plans (speed limits) – sheet 8	The traffic regulation measures plans (speed limits) – sheet 8	The traffic regulation measures plans (speed limits) – sheet 8
Amesbury	Stonehenge Road From a point 50 metres west of its junction with Woodford Valley Road for a distance of 440 metres in a generally north-westerly direction.	40 miles per hour
The traffic regulation measures plans (speed limits) – sheets 8 and 9	The traffic regulation measures plans (speed limits) – sheets 8 and 9	The traffic regulation measures plans (speed limits) – sheets 8 and 9
Amesbury	A303 Trunk Road Eastbound Diverge Slip Road to the Countess Roundabout From a point 640 metres west of the centre point of the existing Countess roundabout for a distance of 485 metres in a generally easterly direction.	Variable speed limit
The traffic regulation measures plans (speed limits) – sheet 9	The traffic regulation measures plans (speed limits) – sheet 9	The traffic regulation measures plans (speed limits) – sheet 9
Amesbury	A303 Trunk Road Eastbound Diverge Slip Road to the Countess Roundabout From a point 160 metres west of the centre of the existing Countess roundabout to its junction with the western edge of that roundabout, a distance of 100 metres.	40 miles per hour
Amesbury	A303 Trunk Road Eastbound Merge Slip Road from the Countess Roundabout From the eastern edge of its junction with the existing Countess roundabout in a generally easterly direction to a point 170 metres east of the centre of that roundabout, a distance of 120 metres.	40 miles per hour
Amesbury	A303 Trunk Road Eastbound Merge Slip Road from the Countess Roundabout From a point 115 metres east of its junction with the existing Countess roundabout in a generally easterly direction to a point 535 metres east of the centre of the existing Countess roundabout.	Variable speed limit
Amesbury	A303 Trunk Road Westbound diverge slip road to the Countess roundabout From a point 495 metres east of the centre point of the existing Countess roundabout for a distance of 350 metres in a generally westerly direction to a point 150 metres east of the centre point of the existing Countess roundabout.	Variable speed limit
Amesbury	A303 Trunk Road Westbound diverge slip road to the Countess Roundabout From a point 150 metres east of the centre of Countess roundabout to the junction with the eastern edge of that roundabout, a distance of 100 metres.	40 miles per hour
Amesbury	A303 Trunk Road Westbound Merge Slip Road from the Countess Roundabout From the junction with the western edge of the Countess roundabout in a generally westerly direction to a point 90 metres west of the centre of that roundabout, a distance of 40 metres.	40 miles per hour
Amesbury	New A303 Trunk Road Westbound Merge Slip Road from the Countess Roundabout From a point 90 metres west of the western edge of the Countess roundabout in a generally westerly direction to a point 530 metres west of the centre point of the existing Countess roundabout, a distance of 460 metres.	Variable speed limit
The traffic regulation measures plans (speed limits) – sheet 11	The traffic regulation measures plans (speed limits) – sheet 11	The traffic regulation measures plans (speed limits) – sheet 11
Amesbury	Link Road between Allington Track and Equinox Drive From a point 510 metres southeast of the junction of the A303 with Allington Track, for a distance of 1070 metres in a generally westerly direction to a point 525 metres southwest of the junction of the A303 with the Amesbury Road.	30 miles per hour
Amesbury	Eastbound diverge slip road from A303 to Amesbury Road From the point of the nosing of the left filter lane on the A303 diverge slip road for a distance of 120 metres in a generally westerly direction.	National speed limit (70 miles per hour)
Amesbury	Amesbury Road From its junction with the existing A303 for a distance of 50 metres in a generally northerly direction.	National speed limit (60 miles per hour)
Bulford	Eastbound merge slip road from A3028 Double Hedges to the existing A303 Trunk Road From the point of the nosing of the entry filter lane on the A303 merge slip road for a distance of 105 metres in a generally westerly direction.	National speed limit (70 miles per hour)
Bulford	A3028 Double Hedges From a point 465 metres southeast of the junction of the existing A3028 and the existing Amesbury Road for a distance of 140 metres in a generally south-easterly direction.	National speed limit (60 miles per hour)
The traffic regulation measures plans (speed limits) – sheet 13	The traffic regulation measures plans (speed limits) – sheet 13	The traffic regulation measures plans (speed limits) – sheet 13
Shrewton and Winterbourne	New Rollestone Cross junction (realigned section of the B3086 south) From a point 335 metres south of the centre point of the existing Rollestone Cross junction to a point 370 metres east of the centre point of the existing Rollestone cross junction.	40 miles per hour
Shrewton	New Rollestone Cross junction (realigned section of the B3086 west) From a point 225 metres west of the centre point of the existing Rollestone Cross junction to a point 85 metres southeast of the centre point of the existing Rollestone Cross junction, a distance of 310 metres.	40 miles per hour
Shrewton	New Rollestone Cross junction (realigned section of the unclassified road north of the existing Rollestone cross junction north) From the centre point of the existing Rollestone cross junction to a point 250 metres north of the centre point of the existing Rollestone Cross junction.	40 miles per hour

PART 2 — CLEARWAYS AND PROHIBITIONS

(1) Parish(es)	(2) Road name, number and length	(3) Measures
The traffic regulation measures plans (clearways and prohibitions) – sheets 1, 2, 3, 4, 5, 6, 7, 8 and 9	The traffic regulation measures plans (clearways and prohibitions) – sheets 1, 2, 3, 4, 5, 6, 7, 8 and 9	The traffic regulation measures plans (clearways and prohibitions) – sheets 1, 2, 3, 4, 5, 6, 7, 8 and 9
Berwick St James, Winterbourne Stoke, Wilsford Cum Lake, Amesbury, Bulford, Steeple Lanford	New and improved A303 trunk road For a length of 12.7 kilometres, from a point 355 metres to the south of the centre of Yarnbury Castle (shown on sheet 1) along the existing and new A303 Trunk Road, on both the eastbound and westbound carriageways, to a point 630 metres east of the centre point of the existing Countess Roundabout (shown on sheet 9).	Clearway (to include verges, hard shoulders and slip roads; and to exclude laybys)
The traffic regulation measures plans (clearways and prohibitions) – sheets 4 and 5	The traffic regulation measures plans (clearways and prohibitions) – sheets 4 and 5	The traffic regulation measures plans (clearways and prohibitions) – sheets 4 and 5
Winterbourne Stoke	New A303 Eastbound diverge slip road From its junction with the northern roundabout at the new Longbarrow Junction for a distance of 525 metres in a generally westerly direction.	Clearway (to include verges, hard shoulders and slip roads; and to exclude laybys)
Winterbourne Stoke	New A303 Westbound merge slip road From its junction with the southern roundabout at the new Longbarrow Junction for a distance of 540 metres in a generally westerly direction.	Clearway (to include verges, hard shoulders and slip roads; and to exclude laybys)
The traffic regulation measures plans (clearways and prohibitions) – sheet 5	The traffic regulation measures plans (clearways and prohibitions) – sheet 5	The traffic regulation measures plans (clearways and prohibitions) – sheet 5
Winterbourne Stoke	New A303 Eastbound merge slip road From its junction with the northern roundabout at the new Longbarrow Junction for a distance of 485 metres in a generally easterly direction	Clearway (to include verges, hard shoulders and slip roads; and to exclude laybys)
Winterbourne Stoke	New A303 Westbound diverge slip road From its junction with the southern roundabout at the new Longbarrow Junction for a distance of 495 metres in a generally easterly direction	Clearway (to include verges, hard shoulders and slip roads; and to exclude laybys)
The traffic regulation measures plans (clearways and prohibitions) – sheets 8 and 9	The traffic regulation measures plans (clearways and prohibitions) – sheets 8 and 9	The traffic regulation measures plans (clearways and prohibitions) – sheets 8 and 9
Amesbury	A303 Eastbound diverge slip road From its junction with the new Countess roundabout junction for a distance of 588 metres in a generally westerly direction.	Clearway (to include verges, hard shoulders and slip roads; and to exclude laybys)
The traffic regulation measures plans (clearways and prohibitions) – sheet 9	The traffic regulation measures plans (clearways and prohibitions) – sheet 9	The traffic regulation measures plans (clearways and prohibitions) – sheet 9
Amesbury	New A303 Eastbound merge slip road From its junction with the new Countess roundabout junction for a distance of 485 metres in a generally easterly direction.	Clearway (to include verges, hard shoulders and slip roads; and to exclude laybys)
Amesbury	New A303 Westbound diverge slip road From its junction with the new Countess roundabout junction for a distance of 450 metres in a generally easterly direction.	Clearway (to include verges, hard shoulders and slip roads; and to exclude laybys)
Amesbury	New A303 Westbound merge slip road From its junction with the new Countess roundabout junction for a distance of 500 metres in a westerly direction.	Clearway (to include verges, hard shoulders and slip roads; and to exclude laybys)
The traffic regulation measures plans (clearways and prohibitions) – sheet 11	The traffic regulation measures plans (clearways and prohibitions) – sheet 11	The traffic regulation measures plans (clearways and prohibitions) – sheet 11
Bulford	A3028 Double Hedges and Amesbury Road junction A3028 Double Hedges northbound to the junction of the A3028 Double Hedges and the Amesbury Road.	Prohibition of entry (no left turn)
Bulford	A3028 Double Hedges and Amesbury Road junction A3028 Double Hedges southbound to the junction of the A3028 Double Hedges and the Amesbury Road.	Prohibition of entry (no right turn)
Bulford	A3028 Double Hedges and Amesbury Road junction Amesbury Road southbound to the junction of the A3028 Double Hedges and the Amesbury Road.	Prohibition of entry (no traffic ahead)
Bulford and Amesbury	Amesbury Road The southbound carriageway of Amesbury Road in a south westerly direction from its junction with the A3028 Double Hedges to the junction of the existing A303 and Amesbury Road.	Prohibition of southbound traffic
The traffic regulation measures plans (clearways and prohibitions) – sheets 4, 5, 6, 7, 8 and 9	The traffic regulation measures plans (clearways and prohibitions) – sheets 4, 5, 6, 7, 8 and 9	The traffic regulation measures plans (clearways and prohibitions) – sheets 4, 5, 6, 7, 8 and 9
Winterbourne Stoke, Wilsford Cum Lake and Amesbury	A303 Trunk Road Eastbound From a point 1.06 kilometres west of the centre of the existing Longbarrow roundabout (shown on sheet 5 by a green arrow marked ‘S’) along the new and improved A303 Trunk Road on the eastbound carriageway to a point 525 metres to the east of the centre of the existing Countess roundabout (shown on sheet 9 by a green arrow marked ‘E’), a distance of 7.13 kilometres.	Prohibition of pedestrians, bicycles, ridden or accompanied horses, vehicles drawn by animals and motorcycles where the cylinder capacity of the engine is less than 50 cubic centimetres
Winterbourne Stoke, Wilsford Cum Lake and Amesbury	A303 Trunk Road Eastbound From a point 1.06 kilometres west of the centre of the existing Longbarrow roundabout (shown on sheet 5 by a green arrow marked ‘S’) along the new and improved A303 Trunk Road on the eastbound carriageway to a point 80 metres to the west of the centre of the existing Countess roundabout (shown on sheet 9 by a green arrow marked ‘E’), a distance of 6.5 kilometres.	Prohibition of pedestrians, bicycles, ridden or accompanied horses, vehicles drawn by animals and motorcycles where the cylinder capacity of the engine is less than 50 cubic centimetres
Winterbourne Stoke, Wilsford Cum Lake and Amesbury	The new A303 Trunk Road Eastbound Merge Slip Road from Longbarrow Junction From a point 535 metres west of the centre of the existing Longbarrow roundabout (shown on sheet 5 by a green arrow marked ‘S’) to the point where it joins the main carriageway 120 metres south west of the existing Longbarrow roundabout (shown on sheet 5 by a green arrow marked ‘E’).	Prohibition of pedestrians, bicycles, ridden or accompanied horses, vehicles drawn by animals and motorcycles where the cylinder capacity of the engine is less than 50 cubic centimetres
Winterbourne Stoke, Wilsford Cum Lake and Amesbury	A303 Trunk Road westbound From a point 510 metres east of the centre of the existing Countess roundabout (shown on sheet 9 by a green arrow marked ‘S’) to a point 1.00 kilometres to the west of the centre of the existing Longbarrow roundabout (shown on sheet 5 by a green arrow marked ‘E’), a distance of 7.06 kilometres.	Prohibition of pedestrians, bicycles, ridden or accompanied horses, vehicles drawn by animals and motorcycles where the cylinder capacity of the engine is less than 50 cubic centimetres
Winterbourne Stoke, Wilsford Cum Lake and Amesbury	A303 Trunk Road westbound From a point 510 metres east of the centre of the existing Countess roundabout (shown on sheet 9 by a green arrow marked ‘S’) to a point 585 metres to the south west of the centre of the existing Longbarrow roundabout (shown on sheet 5 by a green arrow marked ‘E’), a distance of 6.61 kilometres.	Prohibition of pedestrians, bicycles, ridden or accompanied horses, vehicles drawn by animals and motorcycles where the cylinder capacity of the engine is less than 50 cubic centimetres
Winterbourne Stoke, Wilsford Cum Lake and Amesbury	The new A303 Trunk Road Westbound Merge Slip from Countess Roundabout From a point 80 metres west of the centre point of the existing Countess roundabout (shown on sheet 9 by a green arrow marked ‘S’) to a point 530 metres west of the centre point of the existing Countess roundabout (shown on sheet 9 by a green arrow marked ‘E’).	Prohibition of pedestrians, bicycles, ridden or accompanied horses, vehicles drawn by animals and motorcycles where the cylinder capacity of the engine is less than 50 cubic centimetres

PART 3 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

(1) Parish(es)	(2) Road name, number and length	(3) Title of Order	(4) Revocations or variations
The traffic regulation measures plans (clearways and prohibitions) – sheets 1 and 2	The traffic regulation measures plans (clearways and prohibitions) – sheets 1 and 2	The traffic regulation measures plans (clearways and prohibitions) – sheets 1 and 2	The traffic regulation measures plans (clearways and prohibitions) – sheets 1 and 2
Berwick St James	The existing A303 Trunk Road From a point 350 metres to the south of the centre of Yarnbury Castle to a point 1.48 kilometres west of its junction with the B3083 south at Winterbourne Stoke.	The A303 Trunk Road (Wiltshire and Dorset) (24 hours clearway) Order 2001 (S.I.2001/2919)	Order to be partially revoked between the points stated in column (2) as shown on sheets 1 and 2 by a red dashed line
The traffic regulation measures plans (clearways and prohibitions) – sheets 3 and 4	The traffic regulation measures plans (clearways and prohibitions) – sheets 3 and 4	The traffic regulation measures plans (clearways and prohibitions) – sheets 3 and 4	The traffic regulation measures plans (clearways and prohibitions) – sheets 3 and 4
Winterbourne Stoke	The existing A303 trunk road The existing A303 eastbound and westbound carriageways from a point 205 metres west of the centre point of its junction with the B3083 south to a point 275 metres east of the centre point of its junction with the B3083 north, a distance of 830 metres.	The A303 Trunk Road (Winterbourne Stoke, Wiltshire) (40 mph speed limit) Order 1994 (S.I.1994/3326)	Order to be revoked Identified on sheets 3 and 4 and being the length of highway lying between the two blue squared symbols numbered 1
The traffic regulation measures plans (clearways and prohibitions) – sheet 4	The traffic regulation measures plans (clearways and prohibitions) – sheet 4	The traffic regulation measures plans (clearways and prohibitions) – sheet 4	The traffic regulation measures plans (clearways and prohibitions) – sheet 4
Winterbourne Stoke	The existing A303 trunk road From a point 420 metres east of its junction with the B3083 north to a point 1.33 kilometres east of its junction with the B3083 north, a distance of 930 metres.	The A303 Trunk Road (Wiltshire and Dorset) (24 hours clearway) Order 2001 (S.I.2001/2919)	Order to be partially revoked between the points stated in column (2) as shown on sheet 4 by a red dashed line
The traffic regulation measures plans (clearways and prohibitions) – sheet 6	The traffic regulation measures plans (clearways and prohibitions) – sheet 6	The traffic regulation measures plans (clearways and prohibitions) – sheet 6	The traffic regulation measures plans (clearways and prohibitions) – sheet 6
Amesbury	Byway AMES12, Amesbury, where it meets the existing A303 trunk road At the intersection of byway AMES12 (south) and the existing A303 trunk road.	The County of Wiltshire (Byway 12, Amesbury) (Prohibition of Right Hand Turn) Order 2015	Order to be revoked Location of the revocation is as stated in column (2) and as shown on sheet 6 between the two blue squared symbols numbered 8
The traffic regulation measures plans (clearways and prohibitions) – sheets 8 and 9	The traffic regulation measures plans (clearways and prohibitions) – sheets 8 and 9	The traffic regulation measures plans (clearways and prohibitions) – sheets 8 and 9	The traffic regulation measures plans (clearways and prohibitions) – sheets 8 and 9
Amesbury	The existing A303 trunk road From a point on the eastbound carriageway 620 metres east of its junction with the Stonehenge Road to the junction with the western edge of the Countess roundabout eastbound, a distance of 1.06 kilometres.	The A303 Trunk Road (Wiltshire and Dorset) (24 hours clearway) Order 2001 (S.I.2001/2919)	Order to be partially revoked between the points stated in column (2) as shown on sheets 8 and 9 by a red dashed line
Amesbury	The existing A303 trunk road From its junction with the western edge of Countess roundabout westbound to a point 770 metres east of its junction with the Stonehenge Road, a distance of 925 metres.	The A303 Trunk Road (Wiltshire and Dorset) (24 hours clearway) Order 2001 (S.I.2001/2919)	Order to be partially revoked between the points stated in column (2) as shown on sheets 8 and 9 by a red dashed line
The traffic regulation measures plans (clearways and prohibitions) – sheet 9	The traffic regulation measures plans (clearways and prohibitions) – sheet 9	The traffic regulation measures plans (clearways and prohibitions) – sheet 9	The traffic regulation measures plans (clearways and prohibitions) – sheet 9
Amesbury	The existing A303 trunk road From its junction with the eastern edge of Countess roundabout eastbound to a point 625 metres east of the centre of that roundabout, a distance of 580 metres.	The A303 Trunk Road (Wiltshire and Dorset) (24 hours clearway) Order 2001 (S.I.2001/2919)	Order to be partially revoked between the points stated in column (2) as shown on sheet 9 by a red dashed line
Amesbury	The existing A303 trunk road From a point 625 metres east of the centre of the existing Countess roundabout to its junction with the eastern edge of Countess roundabout westbound, a distance of 585 metres.	The A303 Trunk Road (Wiltshire and Dorset) (24 hours clearway) Order 2001 (S.I.2001/2919)	Order to be partially revoked between the points stated in column (2) as shown on sheet 9 by a red dashed line
Amesbury	The existing A303 trunk Road From a point on the eastbound carriageway 450 metres west of the centre of Countess roundabout to the junction with the western edge of that roundabout, a distance of 395 metres.	The A303 Trunk Road (Countess Roundabout, Amesbury, Wiltshire) (40 mph speed limit) Order 2011 (S.I.2011/851)	Order to be partially revoked between the points stated in column (2) Identified on sheet 9 and being a length of highway between the two blue squared symbols numbered 2
Amesbury	The existing A303 trunk road From a point on the westbound carriageway 460 metres east of the centre of Countess roundabout to the junction with the eastern edge of that roundabout, a distance of 410 metres.	The A303 trunk Road (Countess Roundabout, Amesbury, Wiltshire) (40 mph speed limit) Order 2011 (S.I.2011/851)	Order to be partially revoked between the points stated in column (2) Identified on sheet 9 and being a length of highway between the two blue squared symbols numbered 3
Amesbury	The existing A303 trunk Road (Countess Roundabout) From its junction with the western edge of Countess roundabout westbound to a point 165 metres west of the centre of that roundabout, a distance of 120 metres.	The A303 trunk Road (Countess Roundabout, Amesbury, Wiltshire) (40 mph speed limit) order 2011 (S.I.2011/851)	Order to be partially revoked between the points stated in column (2) Identified on sheet 9 and being a length of highway between the two blue squared symbols numbered 4
Amesbury	The existing A303 trunk Road (Countess Roundabout) From its junction with the eastern edge of Countess roundabout eastbound to a point 220 metres to the east of the centre of that roundabout, a distance of 170 metres.	The A303 trunk Road (Countess Roundabout, Amesbury, Wiltshire) (40 mph speed limit) order 2011 (S.I.2011/851)	Order to be partially revoked between the points stated in column (2) Identified on sheet 9 and being a length of highway between the two blue squared symbols numbered 9
The traffic regulation measures plans (clearways and prohibitions) – sheet 11	The traffic regulation measures plans (clearways and prohibitions) – sheet 11	The traffic regulation measures plans (clearways and prohibitions) – sheet 11	The traffic regulation measures plans (clearways and prohibitions) – sheet 11
Amesbury	The existing left turn access from Allington Track onto the A303 westbound From a point 35 metres south of its junction with Allington Track to a point 305 metres east of Amesbury Road, a length of 35 metres.	The A303 Trunk Road (Wiltshire and Dorset) (24 hours clearway) order 2001 (S.I.2001/2919)	Order to be partially revoked between the points stated in column (2) as shown on sheet 11 by a dashed red line
Amesbury	The existing left turn access from Amesbury Road onto the A303 eastbound From a point 60 metres north of its junction with Amesbury Road to a point 280 metres west of Allington Track, a length of 65 metres.	The A303 Trunk Road (Wiltshire and Dorset) (24 hours clearway) order 2001 (S.I.2001/2919)	Order to be partially revoked between the points stated in column (2) as shown on sheet 11 by a dashed red line
The traffic regulation measures plans (clearways and prohibitions) – sheet 13	The traffic regulation measures plans (clearways and prohibitions) – sheet 13	The traffic regulation measures plans (clearways and prohibitions) – sheet 13	The traffic regulation measures plans (clearways and prohibitions) – sheet 13
Shrewton	UC 094402, The Packway From its junction with the B3086 south to a point 85 metres east of that junction.	The County of Wiltshire (various roads, Stapleford, Berwick St James and Winterbourne Stoke) (50 mph speed limit) Order 2012	Order to be partially revoked between the points stated in column (2) Identified on sheet 13 and being a length of highway between the two blue squared symbols numbered 5
Shrewton	B3086, The Packway From a point 30 metres to the south of its junction with the B3086 south and with the UC 094401, a distance of 255 metres in a generally westerly direction.	The County of Wiltshire (various roads, Stapleford, Berwick St James and Winterbourne Stoke) (50 mph speed limit) Order 2012	Order to be partially revoked between the points stated in column (2) Identified on sheet 13 and being a length of highway between the two blue squared symbols numbered 6
Shrewton	UC 094401, Shrewton From its junction with the B3086 south and with the B3086 west (The Packway), a distance of 65 metres in a generally northerly direction.	The County of Wiltshire (various roads, Stapleford, Berwick St James and Winterbourne Stoke) (50 mph speed limit) Order 2012	Order to be partially revoked between the points stated in column (2) Identified on sheet 13 and being a length of highway between the two blue squared symbols numbered 7

SCHEDULE 11 — PROTECTIVE PROVISIONS

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

1

The provisions of this Part of this Schedule have effect for the protection of utility undertakers unless otherwise agreed in writing between the undertaker and the utility undertaker in question.

2

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

• “apparatus” means— in the case of a utility undertaker within paragraph (a) of the definition of that term, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00123]), belonging to or maintained by the utility undertaker for the purposes of electricity supply; in the case of a utility undertaker within paragraph (b) of the definition of that term, any mains, pipes or other apparatus belonging to or maintained by the utility undertaker for the purposes of gas supply; in the case of a utility undertaker within paragraph (c) of the definition of that term— mains, pipes or other water apparatus belonging to or maintained by the utility undertaker for the purposes of water supply; and mains, pipes or other water apparatus that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991[^f00124]; and in the case of a sewerage undertaker— any drain or works vested in the sewerage undertaker under the Water Industry Act 1991; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00125] (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104[^f00126] (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

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

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

• “utility undertaker” means— any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989; a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986[^f00127]; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of the Water Industry Act 1991, for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

3

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

4

• (1) Regardless of the temporary stopping up, alteration or diversion of streets under the powers conferred by article 11 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such street and to carry out and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary stopping up, alteration or diversion was in that street.

• (2) Where any street is stopped up under article 10 (permanent stopping up of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 6 or to carry out works under paragraph 8.

5

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

6

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6).

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

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

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 57 (arbitration).

• (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 57 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

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

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

7

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 57 (arbitration).

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

8

• (1) Not less than 21 days before starting the carrying out of any works authorised by this Order that will or may affect any apparatus the removal of which has not been required by the undertaker under paragraph 6(2), the undertaker must submit to the utility undertaker in question a plan, section and description of the works to be carried out.

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

• (3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 14 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

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

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

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency, but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

• (7) Nothing in sub-paragraph (6) entitles the undertaker to carry out works to any apparatus, but upon receipt of notice from the undertaker, the utility undertaker must proceed to carry out such works as may be required without unnecessary delay.

9

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to the utility undertaker in question the proper and reasonable expenses incurred by that utility undertaker in, or in connection with the inspection, removal, alteration or protection of any apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 6(2).

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

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

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 57 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

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

• (a) an extension of apparatus to a length greater than the length of existing apparatus 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.

• (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1) 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 undertaker in question 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.

10

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance or failure of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

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

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

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

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

• (3) The utility undertaker must at all time take reasonable steps to prevent and mitigate any such expenses, loss, damage, penalty or costs.

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

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

11

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

• (2) In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00128];

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

• “electronic communications code” means the code set out in Schedule 3A (the electronic communications code) to the 2003 Act[^f00129];

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

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

• “infrastructure system” has the same meaning as in the electronic communications code[^f00130] and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code; and

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

12

The exercise of the powers of article 31 (statutory undertakers) is subject to Part 10 (undertakers’ works affecting electronic communications apparatus) of the electronic communications code.

13

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

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

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

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

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

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

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 57 (arbitration).

14

This Part of this Schedule does not apply to—

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

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

15

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

PART 3 — FOR THE PROTECTION OF DRAINAGE AUTHORITIES

16

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

17

In this Part of this Schedule—

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

• “drainage authority” means in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991[^f00131];

• “drainage work” means any ordinary watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence in connection with an ordinary watercourse which is the responsibility of the drainage authority;

• “independent review” means a review carried out by a third party confirming the findings of the undertaker in the assessment of the impact of the proposed specified work on flood risk;

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

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

• “specified work” means so much of any work or operation authorised by this Order as is in, on, under over or within 8 metres of a drainage work and which comprises any of the following works carried out in relation to or which may affect any ordinary watercourse— the erection of any mill, dam, weir, or other similar obstruction to the flow of an ordinary watercourse, or raising or otherwise altering any such obstruction; the construction or installation of a bridge or other structure; the erection of a culvert in an ordinary watercourse; the alteration of an ordinary watercourse or a culvert or other form of drainage infrastructure in a manner that would be likely to affect the flow of an ordinary watercourse; the introduction by means of any channel, siphon, pipeline or sluice or by any other means whatsoever any water into any ordinary watercourse within the Order limits so as to directly or indirectly increase the flow or volume of water in any ordinary watercourse within the Order limits without the previous consent of the drainage authority; any work likely to obstruct flow or adversely affect the integrity of any embankment, wall or enclosing structure containing an ordinary watercourse.

18

• (1) Before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work, including an independent review and such further particulars available to it as the drainage authority may within 14 days of the submission of the plans reasonably request.

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

• (3) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 27.

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

• (a) must not be unreasonably withheld or delayed;

• (b) is deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later; and

• (c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, for the protection of any ordinary watercourse or for the prevention of flooding.

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

19

Without limiting paragraph 18, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

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

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

20

• (1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 19, must be constructed—

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

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

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

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

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

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

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

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

• (5) Subject to sub-paragraph (6) and paragraphs 24 and 25, if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any reasonable expenditure incurred by it in so doing is recoverable from the undertaker.

• (6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined in accordance with paragraph 27.

21

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

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

• (3) Subject to sub-paragraph (4) and paragraphs 24 and 25), if, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is reasonably necessary for such compliance and may recover any reasonable expenditure reasonably incurred by it in so doing from the undertaker.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 27.

• (5) This paragraph does not apply to—

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

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

22

Subject to paragraphs 24 and 25 and sub-paragraph 21(5)(b), if by reason of the construction of any specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker any expenditure incurred by the drainage authority in so doing from the undertaker.

23

If by reason of the construction of the specified work the drainage authority’s access to flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must provide such alternative means of access that will allow the drainage authority to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction within 24 hours of the undertaker becoming aware of such obstruction.

24

The undertaker must make reasonable compensation for costs, charges and expenses which the drainage authority may reasonably incur—

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

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

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

25

• (1) The undertaker must make reasonable compensation for costs and losses which may be reasonably incurred or suffered by the drainage authority by reason of—

• (a) the construction of any specified work comprised within the authorised works; or

• (b) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged upon the construction of the specified works.

• (2) In sub-paragraph (1)—

• “costs” includes— expenses and charges; staff costs and overheads; and legal costs; and

• “losses” includes physical damage.

• (3) The undertaker must make reasonable compensation for liabilities, claims and demands against the drainage authority arising out of or in connection with the specified works or otherwise out of the matters referred to in sub-paragraphs (1)(a) and (1)(b).

• (4) In sub-paragraph (3)—

• “claims” and “demands” include as applicable— costs (within the meaning of sub-paragraph (2)) incurred in connection with any claim or demand; and any interest element of sums claimed or demanded; and

• “liabilities” includes— contractual liabilities; tortious liabilities (including liabilities for negligence or nuisance); liabilities to pay statutory compensation or for breach of statutory duty; and liabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties).

• (5) The drainage authority must give to the undertaker notice of any such claim or demand.

• (6) The undertaker may at its own expense conduct all negotiations for the settlement of the same and any litigation that may arise therefrom.

• (7) The drainage authority must not compromise or settle any such claim or make any admission which might be prejudicial to the claim without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

• (8) The drainage authority must, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.

• (9) The drainage authority must, at the request of the undertaker, afford all reasonable assistance for the purpose of contesting any such claim or action and is entitled to be repaid its reasonable expenses reasonably incurred in so doing.

26

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

27

Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 57 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport acting jointly on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other.

PART 4 — FOR THE PROTECTION OF ESSO PETROLEUM COMPANY LIMITED

Application

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

Interpretation

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In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable Esso to fulfil its functions as a pipe-line operator in a manner no less efficient than previously and having regard to Esso’s standards for the construction and operation of a pipeline;

• “alternative rights” means new rights for the construction and for access to and for the use, protection, inspection, maintenance, repair and renewal of apparatus or alternative apparatus including any restrictions on the landowner and occupiers for the protection of the apparatus or alternative apparatus and to allow Esso to perform its functions in a manner not less efficient than under the existing rights and having regard to Esso’s standards for the construction and operation of a pipeline;

• “apparatus” means the pipeline and storage system owned by Esso within or adjacent to the Order limits and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus and includes any ancillary works and apparatus all protective wrappings, valves, sleeves and slabs, cathodic protection units, together with ancillary cables and markers and such legal interest and benefit of property rights and covenants as are vested in Esso in respect of those items and, where the context allows, includes alternative apparatus;

• “Esso” means Esso Petroleum Company, Limited and any successor in title;

• “existing rights” means the rights and benefits of covenants enjoyed by Esso in land within the Order limits;

• “functions” includes powers and duties;

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

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

• “specified work” means any works that are near to, or will or are likely to affect any apparatus or power supply to any apparatus including— all intrusive or non-intrusive works within 15metres of any apparatus; the crossing of apparatus by other utilities; the use of explosives within 400metres of any apparatus; and piling, undertaking of a 3Dseismic survey or the sinking boreholes within 30metres of any apparatus, whether carried out by the undertaker or any third party in connection with the authorised development; and

• “works agreement” means an agreement containing sufficient detail as to responsibilities for the design, programming, supervision and carrying out of works under this Part of this Schedule or in connection with the authorised development which affect the apparatus.

Acquisition of apparatus

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• (1) Despite any provision in this Order or anything shown on the land plans or if the Order covers any interest in any land in which any apparatus is placed or over which existing rights are enjoyed by Esso, the undertaker must not acquire any apparatus or acquire, suspend, extinguish or affect any of the existing rights, otherwise than in accordance with this Part of this Schedule or by agreement with Esso.

• (2) Where the undertaker acquires land which is subject to any existing rights and the provisions of paragraph 31 do not apply, the undertaker must retain any notice of the existing rights on the title to the relevant land when registering the undertaker’s title to such acquired land.

Removal of apparatus and rights for alternative apparatus

31

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that any apparatus is relocated or diverted, that apparatus must not be removed by the undertaker and any right of Esso to maintain and use that apparatus in that land and to gain access to it must not be extinguished until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of Esso.

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give Esso 56 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order Esso reasonably needs to remove any apparatus) the undertaker must, subject to sub-paragraph (3), afford to Esso the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently grant alternative rights for the maintenance of that apparatus in accordance with paragraph (6).

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the undertaker must afford to and, if necessary, acquire for the benefit of Esso the necessary facilities and rights for the construction, maintenance and use of the alternative apparatus and access to it.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between Esso and the undertaker or in default of agreement settled by arbitration in accordance with article 57 (arbitration).

• (5) Esso must, after the alternative apparatus to be provided or constructed has been agreed or settled in accordance with article 57 (arbitration), and after the grant to Esso of any such facilities and rights as are referred to in sub-paragraph (2), proceed as soon as reasonably practicable using reasonable endeavours to construct and bring into operation the alternative apparatus and subsequently to remove (or if agreed between the parties allow the undertaker to remove) any redundant apparatus required by the undertaker to be removed under the provisions of this Schedule.