Legalize / United Kingdom / Statutory-Instrument

The A46 Newark Bypass Development Consent Order 2025

Type Statutory-Instrument

Publication 2025-10-01

Last updated 2026-01-12

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

Set-off for enhancement in value of retained land

33

(1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 29 (compulsory acquisition of rights and imposition of restrictive covenants), the tribunal must set off against the value of the rights so acquired—

(a) any increase in the value of the land over which the new rights are required; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

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

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

No double recovery

34

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

Modification of Part 1 of the 1965 Act

35

(1) Part 1 (compulsory purchase under Acquisition of Land Act of 1946) of the 1965 Act, as applied to this Order by section 125[^f00077] (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1)[^f00078] (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (grounds for application to High Court), the three year period mentioned in section 4” substitute “section 118[^f00079] (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008), the five year period mentioned in article 28 (time limit for exercise of authority to acquire land compulsorily) of the A46 Newark Bypass Development Consent Order 2025”.

(3) In section 11A[^f00080] (powers of entry: further notices of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision”;

(b) in subsection (2), after “land” insert “under that provision”.

(4) In section 22(2) (interests omitted from purchase), for “section 4 of this Act” substitute “article 28 (time limit for exercise of authority to acquire land compulsorily) of the A46 Newark Bypass Development Consent Order 2025”.

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 37 (acquisition of subsoil or airspace only) on the A46 Newark Bypass Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule;

and

(b) after paragraph 29, insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 24 (protective work to buildings), article 39 (temporary use of land for carrying out the authorised development) or article 40 (temporary use of land for maintaining the authorised development) of the A46 Newark Bypass Development Consent Order 2025.

Application of the 1981 Act

36

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act), for subsection 2 substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) In section 5[^f00081] (earliest date for execution of declaration) in subsection (2), omit the words from “, and this subsection” to the end.

(5) Omit section 5A[^f00082] (time limit for general vesting declaration).

(6) In section 5B[^f00083] (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (grounds for application to High Court), the three year period mentioned in section 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 28 (time limit for exercise of authority to acquire land compulsorily) of the A46 Newark Bypass Development Consent Order 2025”.

(7) In section (6)[^f00084] (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 2 to, the Acquisition of Land Act 1981” substitute “section 134[^f00085] (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8) In section 7[^f00086] (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Section 11 (recovery of compensation overpaid) for subsection (1) substitute—

(1) This section applies where after the execution of a general vesting declaration a person (“the claimant”) claims compensation in respect of the Acquisition of an interest in land by virtue of the declaration and the acquiring authority pay compensation in respect of that interest.

(10) In Schedule A1[^f00087] (counter-notice requiring purchase of and not in general vesting declaration) for paragraph 1(2) substitute—

(2) But see article 37(3) (acquisition of subsoil or airspace only) of the A46 Newark Bypass Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.

(11) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125[^f00088] (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 35 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace only

37

(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in article 26(1) (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over the land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as modified by article 35 (modification of Part 1 of the 1965 Act)) of this Order;

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) section 153 (4A)[^f00089] (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(4) Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Rights under or over streets

38

(1) The undertaker may enter on and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is a statutory undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised development

39

(1) The undertaker may, in connection with the carrying out of the authorised development, but subject to article 28 (time limit for exercise of authority to acquire land compulsorily)—

(a) enter on and take possession of—

(i) the land specified in column (1) of Schedule 7 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (2) of that Schedule relating to the part of the authorised development specified in column (3) of that Schedule; and

(ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b) remove any electric line, electrical plant, structures, apparatus, buildings and vegetation from that land;

(d) construct any works on that land as are mentioned in Schedule 1 (authorised development).

(2) Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph (1)(a)(ii).

(3) The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Schedule 7 (land of which temporary possession may be taken); or

(b) in the case of any land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace a building removed under this article;

(b) restore the land on which any permanent works have been constructed under paragraph (1)(d);

(c) remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

(d) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development;

(e) remove or reposition any apparatus installed for or belonging to statutory undertakers;

(f) remove or reposition any necessary mitigation or accommodation works; or

(g) remove any temporary works where this has been agreed with the owners of the land.

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

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

(7) Any dispute as to the removal of temporary works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

(8) Subject to article 34 (no double recovery), nothing in this article affects any liability to pay compensation under section 152[^f00090] (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(9) The undertaker may not compulsorily acquire under this Order any land or rights in respect of the land referred to in paragraph (1)(a)(i) except that the undertaker is not to be precluded from acquiring any part of the subsoil of or airspace over (or rights in the subsoil of or airspace over) that land under article 37 (acquisition of subsoil or airspace only).

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

(11) Section 13[^f00091] (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(12) Paragraph (1)(a)(ii) does not authorise the undertaker to take temporary possession of any land which the undertaker is not authorised to acquire under article 26 (compulsory acquisition of land) or article 29 (compulsory acquisition of rights and imposition of restrictive covenants).

Temporary use of land for maintaining the authorised development

40

(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a) enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and must explain the purpose for which entry is taken.

(4) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a potential risk to the safety of—

(a) the authorised development or any of its parts;

(b) the public; or

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances.

(5) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

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

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

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

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

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

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

(12) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(13) In this article “the maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

Statutory undertakers

41

(1) Subject to the provisions of article 29(5) (compulsory acquisition of rights and imposition of restrictive covenants), Schedule 9 (protective provisions) and paragraph (2), the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and

(b) extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land.

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a) Part 3 (street works in England and Wales) of the 1991 Act; and

(b) article 42(2) (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

42

(1) Where a street is stopped up under article 19 (permanent stopping up and restriction of use of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 19 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

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

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

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

(5) For the purposes of paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b) the allowable costs are to be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

(8) In this article—

“relocation works” means work executed, or apparatus provided, under paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1)[^f00092] (interpretation of chapter 1) of the Communications Act 2003.

Recovery of costs of new connections

43

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 41 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 40 (temporary use of land for maintaining the authorised development), any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

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

(3) This article does not have effect in relation to apparatus to which article 42 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003; and

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

Public rights of way

44

(1) The public rights of way identified in columns (1) to (3) of Parts 1 and 2 of Schedule 4 (being highways to be stopped up) and shown on the streets, rights of way and access plans, are extinguished on the date of the expiry of the notice given under paragraph (2).

(2) The undertaker must erect a site notice at each end of each of the rights of way to be extinguished in accordance with paragraph (1) no less than 28 days prior to the extinguishment of the right of way in question.

(3) The notice to be erected under paragraph (2) must include—

(a) details of the public rights of way to be extinguished;

(b) the date on which the extinguishment will take effect;

(d) details of the places where a copy of this Order and the documents listed in Schedule 10 (documents to be certified) may be inspected.

(4) The lengths of highway which may be provided under this Order are described in Part 3 of Schedule 4.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

45

(1) The undertaker may fell or lop any tree or shrub, or cut back its roots, within or overhanging land within the Order limits if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1) or (4) the undertaker must—

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

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

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

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

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

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

(5) In this article “hedgerow” includes a hedgerow to which the Hedgerows Regulations 1997[^f00095] apply and includes important hedgerows.

Trees subject to tree preservation orders, etc.

46

(1) The undertaker may fell or lop any tree described in Part 2 (trees subject to tree preservation orders) of Schedule 8, cut back its roots or undertake such other works as the undertaker reasonably believes to be necessary to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1)[^f00096] (replacement of trees) of the 1990 Act is not to apply although where possible the undertaker is to seek to replace any trees which are removed.

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

(4) The powers conferred by paragraph (1) may be exercised in relation to any tree or shrub that is situated within a conservation area designated under section 69[^f00097] (designation of conservation areas) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

(5) Action may not be taken under paragraph (4) unless the undertaker has given written notice to the relevant planning authority of the intended action (with sufficient particulars to identify the tree), and either—

(a) the relevant planning authority has indicated in writing that it has no objection to the works or that they fall within an exemption in paragraph (6), or

(b) six weeks have elapsed from the date of the notice and a tree preservation order has not been made in respect of the tree or shrub.

(6) Paragraph (4) does not apply—

(a) where consent would not be needed for the proposed action if the tree or shrub were subject to a tree preservation order; or

(b) to any action which would be exempt in accordance with regulations under section 212[^f00098] (power to disapply s. 211) of the 1990 Act.

(7) The duty contained in section 213(1)[^f00099] (enforcement of controls as respects trees in conservation areas) of the 1990 Act does not apply to the undertaker in carrying out any activity authorised by paragraphs (4) and (5).

(8) The authority given by paragraphs (4) and (5) constitutes an authorisation by an order granting development consent for the purposes of section 211(1A)[^f00100] of the 1990 Act.

(9) In carrying out any activity authorised by this article, the undertaker must not unnecessarily damage any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

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

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

47

(1) This article applies to—

(a) any agreement for lease to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

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

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

48

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

49

(1) Where proceedings are brought under section 82(1)[^f00101] (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) or (ga) of section 79(1)[^f00102] (statutory nuisances and inspections therefor.) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00103] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974[^f00104]; or

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

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

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

Removal of human remains

50

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

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

(3) Subject to paragraph (12), before any such remains are removed from the specified land the undertaker must give notice of the intended removal describing the specified land and stating the general effect of the following provisions of this article by—

(a) publishing a notice for two successive weeks in a newspaper circulating in the area of the authorised development; and

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

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

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

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

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

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

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

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

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

(9) If—

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

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

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

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

subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves are to be re-interred in individual containers which are to be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

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

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

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

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

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

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

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

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

(a) may remove the remains;

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

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

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

(16) Section 25 (offence of removal of body from burial ground) of the Burial Act 1857[^f00105] does not apply to a removal carried out in accordance with this article.

(17) Section 239[^f00106] (use and development of burial grounds) of the 1990 Act applies—

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

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

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

(18) In this article—

(a) references to a relative of the deceased are to a person who is a—

(i) husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased; or

(ii) child of a brother, sister, uncle or aunt of the deceased; and

(b) references to a personal representative of the deceased are to a person or persons who is the lawful executor of the estate of the deceased or is the lawful administrator of the estate of the deceased.

Crown Rights

51

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker to take, use, enter upon or in any manner interfere with any land or rights of any description—

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

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

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

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

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

Use of private roads for construction

52

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

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

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

Protective provisions

53

Schedule 9 (protective provisions) has effect.

Certification of documents, etc.

54

(1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 10 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 10 requires an amendment to reflect the terms of the Secretary of State’s decision to make this Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

(3) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

55

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00107] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

56

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

(2) This article does not apply to any matter for which the consent or approval of the Secretary of State is required under any provision of this Order.

57

(1) The undertaker may, subject to Part 5 (for the protection of the Canal & River Trust) of Schedule 9, in connection with the construction and operation of the authorised development, temporarily interfere with the relevant part of the river for the purposes of the construction, inspection and maintenance of Work No. 7 and Work No. 56 of Schedule 1 (authorised development) and any associated development in connection with those works.

(2) Without limitation on the powers conferred by paragraph (1) but subject to paragraphs (3) and (4) the undertaker may, in a case of emergency only, temporarily close to navigation the relevant part of the river.

(3) The power conferred by paragraphs (1) and (2) must be exercised in such a way which secures—

(a) that no more of the relevant part of the river is closed to navigation at any time that is necessary in the circumstances and wherever possible the full closure of the navigation is avoided so that the general availability of the Canal & River Trust’s waterways for public use under s105 Transport Act 1968 is not prejudiced for any period of time; and

(b) that, if complete closure to navigation of the relevant part of the river becomes necessary, all reasonable steps are taken to secure that the period of closure is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part so closed.

(4) During the period of any closures referred to in paragraph (2) all rights of navigation and other rights relating to and any obligations of the Canal & River Trust to manage the relevant part of the river so closed are to be suspended and unenforceable against the Canal & River Trust.

(5) Any person who as a result of the exercise of powers conferred by this article, suffers loss by reason of the interference with any private rights of navigation is entitled to be paid compensation for such loss by the undertaker, to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(6) In this article—

“emergency” means any circumstance existing or imminent which the undertaker considers is likely to cause danger to— any person or property, including the new bridge, any vessel and any person using, working on, or intending to use or work on the new bridge or aboard any vessel passing the new bridge; or the environment; and

“the relevant part of the river” means so much of the River Trent as is within the Order limits.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22[^f00108] of the 2008 Act and associated development within the meaning of section 115(2)[^f00109] of the 2008 Act, comprising—

In the County of Nottinghamshire, in the administrative area of Newark and Sherwood District Council

Works

Work No. 1 - As shown on sheet 1 of the works plans, the construction of tie-ins between the existing A46 and Farndon Roundabout (Work No. 2) of 120 metres in length.

Work No. 2 - As shown on sheet 1 of the works plans, the alteration of Farndon Roundabout of 370 metres in length, including—

(a) the construction of a third gyratory lane;

(b) widening to the inside of the gyratory on the northern side of the roundabout; and

Work No. 3 - As shown on sheet 1 of the works plans, resurfacing works to facilitate the temporary diversion of Newark Bridleway No. 2 of 520 metres in length, including the installation of temporary signage and gates.

Work No. 4 - As shown on sheets 1, 2 and 3 of the works plans, the construction of the new A46 dual carriageway through widening the existing A46 between Farndon Roundabout (on sheet 1) and Cattle Market Junction (on sheet 3) 2,000 metres in length, including—

(a) the construction of two new lanes on the western side of the existing A46 to provide a new northbound carriageway;

(b) alteration of the existing A46 carriageway; and

Work No. 5 - As shown on sheet 1 of the works plans, the construction of a retaining wall 95 metres in length for the northbound carriageway embankment of the A46 dual carriageway (Work No. 4).

Work No. 6 - As shown on sheet 1 of the works plans, the construction of a new access track 410 metres in length, including 240 metres of shared access track and footpath and 170 metres of shared access track and bridleway, commencing on Farndon Road, north-east of Farndon Roundabout.

Work No. 7 - As shown on sheet 1 of the works plans, the construction of a new bridge (the new Windmill Viaduct) to carry the new northbound carriageway of the A46 (Work No. 4) over the River Trent, parallel to the existing Windmill Viaduct.

Work No. 8 - As shown on sheets 1 and 2 of the works plans, the construction of a new access track 661 metres in length, commencing at the track to the west of the extension of the existing Farm Access Underpass (Work No. 20) (on sheet 2).

Work No. 9 - As shown on sheet 1 of the works plans, a temporary compound of 2,392 square metres in the centre of Farndon Roundabout.

Work No. 10 - As shown on sheet 1 of the works plans, a temporary works area to hold construction vehicles of about 1,700 square metres located west of Farndon Roundabout (Work No. 2).

Work No. 11 - As shown on sheet 1 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 4,700 square metres, north-west of the new Windmill Viaduct (Work No. 7).

Work No. 12A - As shown on sheets 1 and 2 of the works plans, borrow pits (Farndon West Borrow Pits Area) including access routes, utility protection slabs, water management, soil storage and material processing areas to the north-west of the new Windmill Viaduct (Work No. 7).

Work No. 12B - As shown on sheets 1 and 2 of the works plans, the restoration of the Farndon West Borrow Pits Area (Work No. 12A).

Work No. 12C - As shown on sheets 1 and 2 of the works plans, the restoration of the Farndon West Borrow Pits Area (Work No. 12A).

Work No. 13 - As shown on sheets 1 and 2 of the works plans, the construction of a floodplain compensation area (Farndon West Floodplain Compensation Area) and environmental mitigation to the north-west of the new Windmill Viaduct (Work No. 7) on sheet 1.

Work No. 14 - As shown on sheet 2 of the works plans, borrow pits (Farndon East Borrow Pits Area) including access routes, utility protection slabs, water management, soil storage and material processing areas to the north-east of existing Windmill Viaduct.

Work No. 15 - As shown on sheet 2 of the works plans, the construction of a floodplain compensation area (Farndon East Floodplain Compensation Area) and environmental mitigation to the north-east of existing Windmill Viaduct.

Work No. 16 - As shown on sheet 2 of the works plans, the construction of a new access track 495 metres in length, commencing at the existing A46 350 metres north of the existing Windmill Viaduct (on sheet 1).

Work No. 17 - As shown on sheet 2 of the works plans, the construction of an extension to the existing Pipe Culvert No. 5 under the new northbound carriageway of the A46 (Work No. 4).

Work No. 18 - As shown on sheet 2 of the works plans, the construction of attenuation basins and associated drainage infrastructure to the west of the new northbound carriageway of the A46 (Work No. 4) and south of the new access track (Work No. 16).

Work No. 19 - As shown on sheet 2 of the works plans, the construction of attenuation basins and associated drainage infrastructure to the east of the existing A46.

Work No. 20 - As shown on sheet 2 of the works plans, the construction of an extension to the existing Farm Access Underpass under the new northbound carriageway of the A46 (Work No. 4).

Work No. 21 - As shown on sheet 2 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 2,000 square metres north-east of the existing Farm Access Underpass.

Work No. 22 - As shown on sheet 2 of the works plans, the construction of attenuation basins and associated drainage infrastructure to the west of the new northbound carriageway of the A46 (Work No. 4) and north of the new access track (Work No. 16).

Work No. 23 - As shown on sheet 2 of the works plans, the construction of an extension to the existing Old Trent Dyke Culvert under the new northbound carriageway of the A46 (Work No. 4).

Work No. 24 - As shown on sheet 2 of the works plans, the construction of a new access track of 475 metres in length, commencing at the track to the north-west of the extension of the existing Farm Access Underpass (Work No. 20).

Work No. 25 - As shown on sheet 2 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage and cranage of 5,600 square metres south-west of the new Nottingham to Lincoln Railway Line West Crossing (Work No. 26).

Work No. 26 - As shown on sheet 2 of the works plans, the construction of a new bridge, parallel to the existing Nottingham to Lincoln Railway Line West Crossing, to carry the new northbound carriageway of the A46 (Work No. 4) over the railway line (the new Nottingham to Lincoln Railway Line West Crossing).

Work No. 27 - As shown on sheet 2 of the works plans, the construction of an access track 120 metres in length north-west of the existing Nottingham to Lincoln Railway Line West Crossing.

Work No. 28 - As shown on sheet 2 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage and cranage of 11,000 square metres north-west of the new Nottingham to Lincoln Railway Line West Crossing (Work No. 26).

Work No. 29 - As shown on sheets 2 and 3 of the works plans, the construction of an access track 650 metres in length north of the existing Nottingham to Lincoln Railway Line West Crossing, commencing at the new access track (Work No. 27).

Work No. 30 - As shown on sheet 3 of the works plans, the construction of attenuation basins and associated drainage infrastructure to the west of the new northbound carriageway of the A46 (Work No. 4).

Work No. 31 - As shown on sheet 3 of the works plans, the construction of an extension to the existing Pipe Culvert No. 7 under the new northbound carriageway of the A46 (Work No. 4) and the new access track (Work No. 29).

Work No. 32 - As shown on sheet 3 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure to the west of the new northbound carriageway of the A46 (Work No. 4).

Work No. 33 - As shown on sheet 3 of the works plans, the construction of the new A46 dual carriageway between the Cattle Market Junction and the existing Nottingham to Lincoln Railway Line East Crossing, 1,060 metres in length, including a concrete barrier in the central reserve.

Work No. 34 - As shown on sheet 3 of the works plans, the construction of the A46 northbound off-slip to the Cattle Market Junction, 455 metres in length.

Work No. 35 - As shown on sheet 3 of the works plans, the construction of a retaining wall of 55 metres in length to retain the embankment of the A46 dual carriageway (Work No. 33).

Work No. 36 - As shown on sheet 3 of the works plans, the construction of the A46 southbound on-slip from the Cattle Market Junction, 355 metres in length.

Work No. 37 - As shown on sheet 3 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure to the south of the A46 southbound on-slip road from the Cattle Market Junction (Work No. 36).

Work No. 38 - As shown on sheet 3 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure to the north of the A46 northbound off-slip road to the Cattle Market Junction (Work No. 34).

Work No. 39A - As shown on sheet 3 of the works plans, the construction of a retaining wall of 315 metres in length to accommodate the Cattle Market Junction grade separation.

Work No. 39B - As shown on sheet 3 of the works plans, the construction of a retaining wall of 243 metres in length to accommodate the Cattle Market Junction grade separation.

Work No. 39C - As shown on sheet 3 of the works plans, the construction of a retaining wall of 80 metres in length to accommodate the Cattle Market Junction grade separation.

Work No. 39D - As shown on sheet 3 of the works plans, the construction of a retaining wall of 80 metres in length to accommodate the Cattle Market Junction grade separation.

Work No. 39E - As shown on sheet 3 of the works plans, the construction of a retaining wall of 202 metres in length to accommodate the Cattle Market Junction grade separation.

Work No. 39F - As shown on sheet 3 of the works plans, the construction of a retaining wall of 212 metres in length to accommodate the Cattle Market Junction grade separation.

Work No. 40 - As shown on sheet 3 of the works plans, the construction of the Cattle Market Junction Circulatory, 390 metres in length, including—

(a) a cycle track comprised in the highway between the realigned A617 (Work No. 42) and altered B6326 Great North Road (Work No. 49);

(b) the removal of the existing Cattle Market roundabout; and

Work No. 41 - As shown on sheet 3 of the works plans, the construction of the Cattle Market West Bridge to carry the A46 dual carriageway between the Cattle Market Junction and the existing Nottingham to Lincoln Railway Line East Crossing (Work No. 33).

Work No. 42 - As shown on sheet 3 of the works plans, the realignment of the A617 Kelham Road to tie into the Cattle Market Junction Circulatory (Work No. 40) of 205 metres in length, including a cycle track of 30 metres in length at the Cattle Market Junction.

Work No. 43 - As shown on sheet 3 of the works plans, the construction of an extension to the existing culvert under the realigned A617 (Work No. 42).

Work No. 44 - As shown on sheet 3 of the works plans, the construction of highway underground storm water attenuation within the Cattle Market Junction Circulatory (Work No. 40) to the north of the new A46 dual carriageway between the Cattle Market Junction and the existing Nottingham to Lincoln Railway Line East Crossing (Work No. 33).

Work No. 45 - As shown on sheet 3 of the works plans, the realignment of the A616 Great North Road to tie into the Cattle Market Junction Circulatory (Work No. 40) of 70 metres in length, including a cycle and pedestrian crossing and associated cycle track.

Work No. 46 - As shown on sheet 3 of the works plans, the construction of an extension on the western side of the existing causeway arches, known as “Smeaton’s Arches”, to accommodate the realigned A616 Great North Road (Work No. 45).

Work No. 47 - As shown on sheet 3 of the works plans, a temporary works area with a hardstanding area and small welfare unit of 1,600 square metres north-west of the extension to Smeaton’s Arches (Work No. 46).

Work No. 48 - As shown on sheet 3 of the works plans, the construction of the Cattle Market East Bridge to carry the A46 dual carriageway between the Cattle Market Junction and the existing Nottingham to Lincoln Railway Line East Crossing (Work No. 33).

Work No. 49 - As shown on sheet 3 of the works plans, the alteration of the B6326 Great North Road to tie into the Cattle Market Junction Circulatory (Work No. 40) of 250 metres in length, including—

(a) the widening of the existing carriageway;

(b) a cycle track comprised in the highway of 250 metres in length leading south from the Cattle Market Junction;

(d) the formation of means of access to adjoining land.

Work No. 50A - As shown on sheet 3 of the works plans, the construction of an extension to the south of the existing Flood Relief Culvert under the existing Cattle Market Roundabout to carry the Cattle Market Junction Circulatory (Work No. 40).

Work No. 50B - As shown on sheet 3 of the works plans, the construction of an extension to the north of the existing Flood Relief Culvert under the existing Cattle Market Roundabout to carry the Cattle Market Junction Circulatory (Work No. 40).

Work No. 51 - As shown on sheet 3 of the works plans, the construction of the A46 southbound off-slip road to the Cattle Market Junction 240 metres in length, including a cycle and pedestrian crossing and a cycle track comprised in the highway.

Work No. 52 - As shown on sheet 3 of the works plans, the construction of the A46 northbound on-slip road from the Cattle Market Junction 305 metres in length, including a cycle and pedestrian crossing and a cycle track comprised in the highway.

Work No. 53 - As shown on sheet 3 of the works plans, a temporary compound of 19,000 square metres south-west of the B6326 Great North Road.

Work No. 54 - As shown on sheet 3 of the works plans, the construction of an access track 375 metres in length, commencing at the A616 Great North Road.

Work No. 55 - As shown on sheet 3 of the works plans, the construction of attenuation basins, associated drainage infrastructure and access tracks to the north of the A46 northbound on-slip road from the Cattle Market Junction (Work No. 52).

Work No. 56 - As shown on sheets 3, 4, and 5 of the works plans, the construction of the new A46 dual carriageway through widening the existing A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (on sheet 5), 1,650 metres in length, including—

(a) the construction of two new lanes on the western side of the existing A46 to provide a new northbound carriageway;

(b) alteration of the existing A46 carriageway; and

Work No. 57 - As shown on sheet 4 of the works plans, the construction of an extension to the existing Pipe Culvert No. 12 under the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).

Work No. 58 - As shown on sheet 4 of the works plans, the widening of the existing Nottingham to Lincoln Railway Line East Crossing to facilitate the new northbound carriageway of the A46 (Work No. 56).

Work No. 59 - As shown on sheet 4 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 850 square metres north of the existing Nottingham to Lincoln Railway Line East Crossing.

Work No. 60 - As shown on sheet 4 of the works plans, the construction of a retaining wall 420 metres in length to support the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).

Work No. 61 - As shown on sheet 4 of the works plans, the construction of an access track (the Nether Lock access track) 550 metres in length commencing at the existing access track on the north bank of the River Trent.

Work No. 62 - As shown on sheet 4 of the works plans, a temporary construction compound of 8,500 square metres east of the existing Nether Lock Viaduct and the River Trent.

Work No. 63 - As shown on sheet 4 of the works plans, the construction of a temporary bridge over the River Trent to accommodate the movement of construction plant and materials between the temporary construction compound (Work No. 62) and the authorised development.

Work No. 64 - As shown on sheet 4 of the works plans, the construction of a new bridge (the new Nether Lock Rail Bridge) parallel to the existing Nether Lock Viaduct to carry the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56) over the River Trent.

Work No. 65 - As shown on sheet 4 of the works plans, a temporary works area with office and welfare units and hardstanding areas for bridge fabrication, material and plant storage of 7,000 square metres under and north-west of the existing Nether Lock Viaduct.

Work No. 66 - As shown on sheet 4 of the works plans, the construction of an access track 110 metres in length commencing at the Nether Lock access track (Work No. 61) to provide access to the existing hydroelectric power station.

Work No. 67 - As shown on sheet 4 of the works plans, the construction of attenuation basins and associated drainage infrastructure, east of the existing Nether Lock Viaduct.

Work No. 68 - As shown on sheet 4 of the works plans, a temporary works area with office and welfare units of 500 square metres north-west of the new Nether Lock Rail Bridge (Work No. 64).

Work No. 69 - As shown on sheet 4 of the works plans, the construction of an access track 210 metres in length and passing place commencing at Quibell’s Lane.

Work No. 70 - As shown on sheet 4 of the works plans, the construction of an extension to the existing Sewage Treatment Works Underpass under the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).

Work No. 71 - As shown on sheet 4 of the works plans, a temporary compound of 23,000 square metres south of the existing A46.

Work No. 72 - As shown on sheet 4 of the works plans the construction of a retaining wall (240 metres in length) for the embankment of the A46 southbound carriageway.

Work No. 73 - As shown on sheet 4 of the works plans, the construction of an extension to the existing Pipe Culvert No. 16 under the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).

Work No. 74 - As shown on sheets 4 and 5 of the works plans, the construction of attenuation basins, access tracks and associated drainage infrastructure north of the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).

Work No. 75 - As shown on sheets 4 and 5 of the works plans, the construction of an access track 550 metres in length commencing on Winthorpe Road.

Work No. 76 - As shown on sheet 5 of the works plans, the construction of the new A46 dual carriageway on an embankment through the new Brownhills Junction, 1,040 metres in length, including a concrete barrier in the central reserve.

Work No. 77A - As shown on sheet 5 of the works plans, borrow pits including access routes, utility protection slabs, water management, soil storage and material processing areas (the Brownhills Borrow Pits Area) to the west of Brownhills Junction.

Work No. 77B - As shown on sheet 5 of the works plans the restoration of the Brownhills Borrow Pits Area (Work No. 77A).

Work No. 78 - As shown on sheet 5 of the works plans, the construction of the A46 southbound on-slip road from the Brownhills Roundabout, 620 metres in length.

Work No. 79 - As shown on sheet 5 of the works plans, the construction of the A46 northbound off-slip road to the new Brownhills Junction Roundabout (Work No. 83), 250 metres in length.

Work No. 80 - As shown on sheet 5 of the works plans, the construction of a new cycle track comprising a highway of 50 metres in length.

Work No. 81 - As shown on sheet 5 of the works plans, the construction of a new cycle track comprising a highway of 145 metres in length.

Work No. 82 - As shown on sheet 5 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure between the A46 southbound on-slip road from the Brownhills Roundabout (Work No. 78) and the new A46 dual carriageway through the new Brownhills Junction (Work No. 76).

Work No. 83 - As shown on sheet 5 of the works plans, the construction of the new Brownhills Junction Roundabout, 170 metres in length.

Work No. 84 - As shown on sheet 5 of the works plans, the construction of a new link between the new Brownhills Junction Roundabout (Work No. 83) and Winthorpe Road of 60 metres in length.

Work No. 85 - As shown on sheet 5 of the works plans, a temporary works area with welfare units and hardstanding areas for fabrication of the A1 bridge deck and material and plant storage of 12,800 square metres in the same location as the new Brownhills Junction Roundabout (Work No. 83).

Work No. 86 - As shown on sheet 5 of the works plans, the construction of the Brownhills Underbridge to carry the new A46 dual carriageway through the new Brownhills Junction (Work No. 76) over the Brownhills Junction Link Road (Work No. 87).

Work No. 87 - As shown on sheet 5 of the works plans, the construction of the Brownhills Junction Link Road, 300 metres in length, to connect the Brownhills Roundabout with the new Brownhills Junction Roundabout (Work No. 83).

Work No. 88 - As shown on sheet 5 of the works plans, the construction of a new right turn connection from the A46 southbound on-slip road from the Brownhills Roundabout (Work No. 78) to the Brownhills Junction Link Road (Work No. 87).

Work No. 89 - As shown on sheet 5 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure south-east of the Brownhills Underbridge (Work No. 86).

Work No. 90 - As shown on sheet 5 of the works plans, the construction of a new bridge (the new A1 Crossing) to carry the new A46 dual carriageway through the new Brownhills Junction (Work No. 76) over the existing A1 dual carriageway.

Work No. 91 - As shown on sheet 5 of the works plans, the construction of a new cycle track comprising a highway of 520 metres in length passing beneath the new A1 Crossing (Work No. 90).

Work No. 92 - As shown on sheet 5 of the works plans, a temporary works area with welfare units and hardstanding areas for material and plant storage of 850 square metres south-east of the new A1 Crossing (Work No. 90).

Work No. 93 - As shown on sheet 5 of the Work plans, the construction of a new track to be used jointly as a cycle track comprising a highway and as an access track of 415 metres in length commencing at the north-eastern end of the cycle track comprising a highway (Work No. 91).

Work No. 94A - As shown on sheet 5 of the works plans, the construction of an embankment between the shared access track and cycle track (Work No. 93) and the new A46 dual carriageway through the new Brownhills Junction (Work No. 76).

Work No. 94B - As shown on sheet 5 of the works plans, the construction of an embankment between the shared access track and cycle track (Work No. 93) and the new A46 dual carriageway (Work No. 100).

Work No. 94C - As shown on sheets 5 and 6 of the works plans, the construction of an embankment between the shared access track and cycle track (Work No. 93) and the new dual carriageway (Work No. 100).

Work No. 95 - As shown on sheet 5 of the works plans, the construction of the A46 northbound off-slip road to the service area, 150 metres in length, including the demolition of the former Mint Leaf restaurant.

Work No. 96 - As shown on sheet 5 of the works plans, the construction of an extension of to the existing Bleach House Culvert to carry the new A46 dual carriageway through the new Brownhills Junction (Work No. 76) and the A46 northbound off-slip road to the service area (Work No. 95).

Work No. 97 - As shown on sheet 5 of the works plans, the construction of a new culvert to carry the new shared access track and cycle track (Work No. 93) across the Fleet Ditch.

Work No. 98 - As shown on sheet 5 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure, west of the A46 northbound off-slip road to the service area (Work No. 95).

Work No. 99 - As shown on inset A of sheet 5 of the works plans, a temporary construction compound of 3,300 square metres to the north and south of the A46 northbound off-slip road to the service area (Work No. 95).

Work No. 100 - As shown on sheets 5 and 6 of the works plans, works to improve the existing A46 dual carriageway including the installation of new highway drainage between a point 450 metres north of the A1 Crossing (Work No. 90) and the new Winthorpe Roundabout (Work No. 108).

Work No. 101 - As shown on sheet 5 of the works plans the construction of the A46 northbound on-slip road from the service area, 180 metres in length.

Work No. 102 - As shown on sheet 5 of the works plans, the construction of a new cycle track comprising a highway of 360 metres in length commencing at the new Friendly Farmer Link Road (Work No. 104).

Work No. 103 - As shown on sheet 5 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure north of the A46 northbound on-slip road from the service area (Work No. 101).

Work No. 104 - As shown on sheets 5 and 6 of the works plans, the construction of a new road (the Friendly Farmer Link Road) between the Friendly Farmer Roundabout and the new Winthorpe Roundabout (Work No. 108) of 1,080 metres in length, including—

(a) tie-in works to the Friendly Farmer Roundabout;

(b) the construction of an access to the service station adjacent to the Friendly Farmer Roundabout;

(d) tie-in works to the new Winthorpe Roundabout (Work No. 108); and

(e) the construction of a new concrete barrier.

Work No. 105 - As shown on sheets 5 and 6 of the works plans, the construction of a cycle track comprising a highway of 375 metres in length commencing at the realigned A1133 (Work No. 109).

Work No. 106 - As shown on sheets 5 and 6 of the works plans, a temporary works area for laydown of construction materials and plant of 12,600 square metres south of the new Winthorpe Roundabout (Work No. 108).

Work No. 107 - As shown on sheet 6 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure south-west of the new Winthorpe Roundabout (Work No. 108).

Work No. 108 - As shown on sheet 6 of the works plans, the construction of the new Winthorpe Roundabout, 350 metres in length, including new gyratory lanes and tie-in works to the roads joining the roundabout.

Work No. 109 - As shown on sheet 6 of the works plans, the realignment of the A1133 ..., 320 metres in length, to connect to the new Winthorpe Roundabout (Work No. 108).

Work No. 110 - As shown on sheet 6 of the works plans, the construction of a new access track of 415 metres in length to the realigned A1133 (Work No. 109).

Work No. 111 - As shown on sheet 6 of the works plans, a temporary area for material lay-down and soil stockpiling of 24,000 square metres directly north of the new Winthorpe Roundabout (Work No. 108).

Work No. 112A - As shown on sheet 6 of the works plans, the construction of an embankment north-west of the new Winthorpe Roundabout (Work No. 108).

Work No. 112B - As shown on sheet 6 of the works plans, the construction of an embankment north of the realigned A1133 (Work No. 109).

Work No. 113 - As shown on sheet 6 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure north of the new Winthorpe Roundabout (Work No. 108).

Work No. 114 - As shown on sheet 6 of the works plans, a temporary construction compound of 3,900 square metres east of the new Winthorpe Roundabout (Work No. 108).

Work No. 115 - As shown on sheet 6 of the works plans, the realignment of Drove Lane, 185 metres in length, to tie into the new Winthorpe Roundabout (Work No. 108).

Work No. 116 - As shown on sheet 6 of the works plans, the construction of a new sign gantry at the new Winthorpe Roundabout (Work No. 108).

Work No. 117 - As shown on sheet 6 of the works plans, the construction of an access track of 585 metres in length commencing at the realigned Drove Lane (Work No. 115).

Work No. 118 - As shown on sheet 6 of the works plans, the construction of through lanes of 100 metres in length to accommodate the new layout of the new Winthorpe Roundabout (Work No. 108).

Work No. 119 - As shown on sheet 6 of the works plans, works to tie into the existing A46 and new Winthorpe Roundabout (Work No. 108) of 205 metres in length.

Work No. 120 - As shown on sheet 6 of the works plans, a temporary area for material lay-down and soil stockpiling of 14,000 square metres north-east of the new Winthorpe Roundabout (Work No. 108).

Work No. 121 - As shown on sheet 6 of the works plans, the construction of a cantilever sign gantry over the southbound carriageway of the existing A46 east of the new Winthorpe Roundabout (Work No. 108).

Work No. 122 - As shown on sheet 7 of the works plans, the construction of an access track of 25 metres in length commencing at the A617 Main Road.

Work No. 123 - As shown on sheet 7 of the works plans, the construction of an access track of 550 metres in length, connected to Work No. 122.

Work No. 124 - As shown on sheet 7 of the works plans, the construction of a new drainage culvert of 25 metres in length under the A617 Main Road.

Work No. 125 - As shown on sheet 7 of the works plans, the construction of a flood plain compensation area (the Kelham and Averham Flood Compensation Area) to the north of Averham.

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

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