uksi/2015/1347 — The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015

2015 No. 1347 Infrastructure Planning The Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 Made 2nd June 2015 Coming into force 23rd June 2015 An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act ”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 for an Order granting development consent. The application was examined by a Panel (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010 . The Panel, having considered the representations made and not withdrawn and the application together with accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State. The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has determined to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals comprised in the application. In relation to the compulsory acquisition of the fuel allotment land , the Secretary of State is satisfied, in accordance with section 131(3) of the 2008 Act, that section 131(5) applies. In relation to the compulsory acquisition of the Marriott’s Way open space land , the Secretary of State is satisfied, in accordance with section 131(3) of the 2008 Act, that section 131(4) applies. In relation to the compulsory acquisition of rights over the Marriott’s Way open space land, the Secretary of State is satisfied, in accordance with section 132(2) of the 2008 Act, that section 132(3) applies. The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 17, 19, 22, 23, 26, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order— PART 1 PRELIMINARY Citation and commencement 1 This Order may be cited as the Norfolk County Council (Norwich Northern Distributor Road (A1067 to A47(T))) Order 2015 and comes into force on 23rd June 2015. Interpretation 2 1 In this order— “the 1961 Act ” means the Land Compensation Act 1961 ; “the 1965 Act ” means the Compulsory Purchase Act 1965 ; “the 1980 Act ” means the Highways Act 1980 ; “the 1984 Act ” means the Road Traffic Regulation Act 1984 ; “the 1990 Act ” means the Town and Country Planning Act 1990 ; “the 1991 Act ” means the New Roads and Street Works Act 1991 ; “the 2008 Act” means the Planning Act 2008 ; “address” includes any number or address used for the purposes of electronic transmission; “ Anglian Water ” means Anglian Water Services Limited (Company No. 02366656) whose registered office is at Anglian House, Ambury Road, Huntingdon, Cambridgeshire, PE29 3NZ; “apparatus” has the same meaning as in Part 3 of the 1991 Act; “authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act; “the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order; “bridleway” has the same meaning as in the 1980 Act; “building” includes any structure or erection or any part of a building, structure or erection; “carriageway” has the same meaning as in the 1980 Act; “compulsory acquisition notice” means a notice served in accordance with section 134 (notice of authorisation of compulsory acquisition) of the 2008 Act; “cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act ; “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form; “environmental impact assessment” means the assessment of the environmental impact of the authorised development, the findings of which are recorded in the environmental statement; “the environmental statement” means the environmental statement submitted under regulation 5(2)(a) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 and certified as such by the Secretary of State for the purposes of this Order; “footpath” and “footway” have the same meaning as in the 1980 Act; “fuel allotment land” means that land numbered as plot 10/45 in the book of reference and which is so numbered and shown delineated, and coloured pink and stippled black on the land plans; “highway” and “highway authority” have the same meaning as in the 1980 Act; “the highway classification plans” means the plans certified as the highway classification plans by the Secretary of State for the purposes of this Order; “ Highways England ” means Highways England Company Limited (Company No. 9346363), whose registered office is at Bridge House, Walnut Tree Close, Guildford, GU1 4ZZ, appointed as highway authority for the highways specified in article 2 of the Appointment of a Strategic Highways Company Order 2015 ; “the land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order; “the landscaping plans” means the plans certified as the landscaping plans by the Secretary of State for the purposes of this Order; “limits of deviation” means the limits of deviation for each numbered work shown on the works plans and as set out in article 5 (limits of deviation); “maintain” includes inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct and improve, and any derivative of “maintain” is to be construed accordingly; “Marriott’s Way open space land” means— plot 2/27 in the book of reference and which is so numbered and shown delineated and hatched pink on the land plans; plots 2/23, 2/25, 2/34 and 2/37 in the book of reference and which are so numbered and shown delineated and hatched pink and green and stippled black on the land plans; and plots 2/26, 2/28 and 2/29 in the book of reference and which are so numbered and shown delineated and coloured blue and stippled black on the land plans; “Marriott’s Way replacement open space land” means— that land numbered as plot 2/27a in the book of reference and which is so numbered and shown delineated and coloured green and stippled black on the land plan; plots 2/23, 2/25, 2/34 and 2/37 in the book of reference and which are so numbered and shown delineated and hatched pink and green and stippled black on the land plans; and plots 2/26, 2/28 and 2/29 in the book of reference and which are so numbered and shown delineated and coloured blue and stippled black on the land plans; “ National Grid ” means National Grid Gas plc (Company No. 02006000) whose registered office is at 1-3 Strand, London, WC2N 5EH; “the NDR classified road” means the highway which the undertaker proposes to construct, as the A1270 Principal Road, as described in Part 2 of Schedule 5 (classification of roads); “ Network Rail ” means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at 1 Eversholt Street, London, NW1 2DN; “numbered work” means each numbered work comprised in the authorised development and to be located within the corresponding numbered area shown on the works plan, and “work number” is to be construed accordingly; “Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily and described in the book of reference; “ the Order limits” means the limits shown on and described as “the Development Consent Order (DCO) Boundary” on the works plans and within which the authorised development may be carried out; “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981 ; “relevant planning authority” means Norfolk County Council; “requirements” means those matters set out in Schedule 2 (requirements); “restricted byway” has the same meaning as in section 48(4) (restricted byway rights) of the Countryside and Rights of Way Act 2000 ; “the sections” means the sections shown on the plans certified as the section plans by the Secretary of State for the purposes of this Order (being the Plan and Long Sections, and the Cross Sections specified in paragraph 4(1) of Schedule 2); “statutory undertaker” means a statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act; “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and “street” includes any part of a street; “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act; “the street plans” means the plans certified as the street plans by the Secretary of State for the purposes of this Order; “tree preservation order” is an order made in accordance with section 198(1) (power to make tree preservation orders) of the 1990 Act; “ the tribunal ” means the Lands Chamber of the Upper Tribunal; “trunk road” means a highway which is a trunk road by virtue of— section 10 or 19(1) of the 1980 Act; an order or direction under section 10 of the 1980 Act; an order granting development consent; or any other enactment; “undertaker” means the person who has the benefit of this Order in accordance with article 6 (benefit of the order); “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and “the works plans” means the plans certified as the works plans by the Secretary of State for the purposes of this Order. 2 References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface. 3 All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work. 4 All areas described in square metres in the book of reference are approximate. 5 References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the works plans, the land plans or the street plans (as specified in each case). 6 References to plots in this Order are references to the plots shown on the land plans and detailed in the book of reference. PART 2 PRINCIPAL POWERS Development consent etc. granted by the Order 3 1 Subject to the provisions of this Order including the requirements, the undertaker is granted development consent for the authorised development to be carried out within the Order limits. 2 Subject to article 5 (limits of deviation), the numbered works must only be constructed in the lines or in the situations shown on the works plans and, subject to the provisions of the requirements, in accordance with the plans approved in requirement 4. Maintenance of authorised development 4 1 Except to the extent that this Order or an agreement made under this Order provides otherwise, the undertaker may at any time maintain the authorised development. 2 This article only authorises the carrying out of maintenance works within the Order limits. Limits of deviation 5 1 In carrying out the authorised development, the undertaker may deviate vertically and laterally within the limits of deviation specified in paragraphs (2) and (3). 2 Except as provided in paragraph (3), the undertaker may deviate vertically and laterally within the following limits of deviation— (1) Numbered work (2) Elements of numbered work to which limits apply (3) Upwards vertical limit of deviation (4) Downwards vertical limit of deviation (5) Lateral limit of deviation Work Nos. 1 to 24 Carriageway and adjacent verges, footways, footpaths, bridleways and cycle tracks Zero 0.25 metres Within Order limits Work Nos. 1 to 24 Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) 0.25 metres Zero Within Order limits 3 The undertaker may deviate vertically within the following limits of deviation— (1) Numbered work (2) Elements of numbered work to which limits apply (3) Vertical limit of deviation Work Nos. 2, 3 and 4 Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks in Work Nos. 2 and 4 that are within 550 metres of the centre point of Work No. 3(b) (Fir Covert Road Roundabout). Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks within Work No. 3. Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) within Work Nos. 2 and 4 that are within 550 metres of the centre point of Work No. 3(b). Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) within Work No. 3. + or – 0.5 metres Work Nos. 4, 5 and 6 Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks in Work Nos. 4 and 6 that are within 250 metres of the centre point of Work No. 5(b) (Reepham Road Roundabout). Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks within Work No. 5. Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) in Work Nos 4 and 6 that are within 250 metres of the centre point of Work No. 5(b). Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) within Work No. 5. + or – 0.5 metres Work Nos. 6, 7 and 8 Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks in Work Nos. 6 and 8 that are within 250 metres of the centre point of Work No. 7(b) (Drayton Lane Roundabout). Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks within the area of Work No. 7 shaded grey on the works plans. Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) in Work Nos. 6 and 8 that are within 250 metres of the centre point of Work No. 7(b). Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) within the area of Work No. 7 shaded grey on the works plans. + or – 0.5 metres Work No. 7 All development within the area of Work No. 7 shaded green on the works plans. + or – 1 metre Work Nos. 10, 11 and 12 Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks in Work Nos. 10 and 12 that are within 550 metres of the centre point of Work No. 11(b) (Airport Roundabout). Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks within Work No. 11. Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) comprised in Work Nos. 10 and 12 that are within 550 metres of the centre point of Work No. 11(b). Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) within Work No. 11. + or – 0.5 metres Work Nos. 14, 15 and 16 Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks in Work Nos. 14 and 16 that are within 250 metres of the centre point of Work No. 15(b) (Wroxham Road Roundabout). Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks within Work No. 15. Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) in Work Nos. 14 and 16 that are within 250 metres of the centre point of Work No. 15(b). Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) within Work No. 15. + or – 0.5 metres Work Nos. 16, 17 and 18 Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks in Work Nos. 16 and 18 that are within 250 metres of the centre point of Work No. 17(b) (Salhouse Road Roundabout). Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks within Work No. 17. Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) in Work Nos. 16 and 18 that are within 250 metres of the centre point of Work No. 17(b). Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) within Work No. 17. + or – 0.5 metres Work No. 18 Roundabout circulatory carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks in Work No. 18(c) (Plumstead Road Roundabout North). Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks that are within 120 metres of the centre point of Plumstead Road Roundabout within Work No. 18(c). Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) in Work No. 18 that are within 120 metres of the centre point of Plumstead Road Roundabout within Work No. 18(c). + or – 0.5 metres Work No. 21 Roundabout circulatory carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks within Work No. 21(d) (Postwick North East Roundabout). Carriageway and other non-carriageway features such as adjacent verges, footways, footpaths, bridleways and cycle tracks that are within 135 metres of the centre point of the roundabout within Work No. 21(d). Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) within Work No. 21(d). Earthworks, bunds and banks (including any associated footways, footpaths, bridleways and cycle tracks) that are within 135 metres of the centre point of the roundabout within Work No. 21(d). + or – 0.5 metres Benefit of the order 6 1 Subject to paragraph (2) and article 7 (consent to transfer benefit of the order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of Norfolk County Council. 2 Paragraph (1) does not apply to the following works for which consent is granted by this Order for the benefit of the following persons— a Work No. 25 for the benefit of National Grid; and b paragraphs (iv) and (v) of Schedule 1 (authorised development) for the benefit of statutory undertakers. Consent to transfer benefit of the order 7 1 The undertaker may— a transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or b grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed. 2 Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include references to the transferee or the lessee. 3 The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker. 4 The consent of the Secretary of State is required for the exercise of the powers conferred by paragraph (1) except where the transfer or grant is made to Highways England or is made to a statutory undertaker in relation to the carrying out of the works set out in article 6(2) (benefit of the Order). PART 3 STREETS Power to alter layout, etc., of streets 8 1 The undertaker may for the purposes of the authorised development alter the layout of, or carry out any works in, the streets specified in columns (1) and (2) of Schedule 3 (streets subject to permanent alteration of layout) in the manner specified in relation to that street in column (3). 2 Regardless of the specific powers conferred by paragraph (1) but subject to paragraphs (3) and (4), the undertaker may, for the purposes of constructing and maintaining the authorised development, alter the layout of any street within the Order limits and, without limitation on the scope of this paragraph, the undertaker may— a increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; b alter the level or increase the width or any kerb, footpath, footway, cycle track or verge; c reduce the width of the carriageway of the street; and; d make and maintain passing places. 3 The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority. 4 The powers conferred by paragraph (2) must not be exercised without the consent of the street authority. 5 If a street authority which receives an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent. 6 Paragraphs (3), (4) and (5) do not apply where the undertaker is the street authority for a street in which the works are being carried out. Street works 9 1 The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in Schedule 4 (streets subject to street works) as is within the Order limits and may— a break up or open the street, or any sewer, drain or tunnel under it; b tunnel or bore under the street; c place apparatus in the street; d maintain apparatus in the street or change its position; and e execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b), (c) and (d). 2 Where the undertaker is not the street authority, the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1). 3 The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority. 4 The powers conferred by paragraph (1) must not be exercised without the consent of the street authority, but such consent must not be unreasonably withheld. Construction and maintenance of new, altered or diverted streets and other structures 10 1 Subject to paragraph (2), the streets authorised to be constructed, altered or diverted under this Order are to be public highways and are to be maintained by and at the expense of the highway authority. 2 Where a street which is not, and is not intended to be, a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority, unless otherwise agreed with the street authority, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority. 3 In any action against the undertaker in respect of loss or damage resulting from its failure to maintain a street to which paragraph (2) applies, section 58 (special defence in action against a highway authority for damages for non-repair of highway) of the 1980 Act applies as if that street were a highway maintainable at the public expense. 4 The undertaker must maintain at its expense the following parts of the authorised development— a the structure of the bridge over the NDR classified road comprised in Work No. 4(f); b the structure and surface of the bridge over the NDR classified road comprised in Work No. 6(b); and c the structure and surface of the bridge over the NDR classified road comprised in Work No. 16(c). Classification of roads 11 1 From the day on which the undertaker notifies Highways England that the roads described in Part 1 of Schedule 5 (classification of roads) are completed and open for traffic, those roads are to be classified as trunk roads for the purposes of any enactment or instrument which refers to highways classified as trunk roads, and Highways England is to be highway authority. 2 On the day on which the road described in Part 2 of Schedule 5 is completed and open for traffic it is to be classified as the A1270. 3 On the day on which the road described in Part 4 of Schedule 5 is completed and open for traffic it is to be classified as the A140. 4 Each of the roads described in paragraphs (2) and (3), from the respective dates in those paragraphs, is to be classified— a as a principal road for the purpose of any enactment or instrument which refers to highways classified as principal roads; and b as a classified road for the purpose of any enactment or instrument which refers to highways classified as classified roads, as if such classification had been made under section 12(3) of the 1980 Act. 5 On the day on which the road described in Part 2 of Schedule 5 is completed and open for traffic, the road described in Part 3 of Schedule 5— a ceases to be classified as the B1149; and b is to be classified as the A1270 and is to be classified— i as a principal road for the purpose of any enactment or instrument which refers to highways classified as principal roads; and ii as a classified road for the purpose of any enactment or instrument which refers to highways classified as classified roads, as if such classification had been made under section 12(3) of the 1980 Act. 6 On the day on which the road described in Part 5 of Schedule 5 is completed and open for traffic— a the road described in Part 6 of Schedule 5 ceases to be classified as the C829; and b that road and the road described in Part 6 of Schedule 5, are together to be classified as the A1194 and are both to be classified— i as a principal road for the purpose of any enactment or instrument which refers to highways classified as principal roads; and ii as a classified road for the purpose of any enactment or instrument which refers to highways classified as classified roads, as if such classification had been made under section 12(3) of the 1980 Act. Stopping up of streets and private access 12 1 Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets and private accesses specified in columns (2) and (3) of Parts 1, 2 and 3 of Schedule 6 (streets and private accesses to be stopped up) to the extent specified in column (4) of those Parts of that Schedule. 2 No street or private accesses specified in columns (2) and (3) of Parts 1 and 2 of Schedule 6 (being a street or private access to be stopped up for which a substitute is to be provided) is to be wholly or partly stopped up under this article unless— a the new street or private access to be substituted for it, which is specified in column (5) of Parts 1 and 2 of Schedule 6, has been completed to the reasonable satisfaction of the street authority and is open for use; or b a temporary alternative route for the passage of such traffic as could have used the street or private access to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street or private access until the completion and opening of the new street or private access in accordance with sub-paragraph (a). 3 No street or private access specified in columns (2) and (3) of Part 3 of Schedule 6 (being a street or private access to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street or private access to be stopped up. 4 The condition referred to in paragraph (3) is that— a the undertaker is in possession of the land; b there is no right of access to the land from the street or private access concerned; c there is reasonably convenient access to the land otherwise than from the street or private access concerned; or d the owners and occupiers of the land have agreed to the stopping up. 5 Where a street or private access has been stopped up under this article— a all rights of way over or along the street or private access so stopped up are extinguished; and b the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the street or private access as is bounded on both sides by land owned by the undertaker. 6 Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act. 7 This article is subject to article 33 (apparatus and rights of statutory undertakers in stopped up streets). Public rights of way 13 1 Subject to paragraph (2) the undertaker may in connection with the carrying out of the authorised development stop up the sections of the public rights of way described in paragraphs 1, 3 and 5 of Schedule 7 (public rights of way) and with effect from the date that each of those sections of those public rights of way are physically stopped up by the undertaker in connection with the carrying out of the authorised development, the public rights of way over each of those sections are extinguished. 2 If the undertaker stops up the public rights of way described in paragraphs 1, 3 and 5 of Schedule 7, it must construct the alternative replacement sections of public rights of way described in paragraphs 2, 4 and 6 of Schedule 7 and with effect from the date of opening to the public of each alternative replacement section of public right of way, public rights of way of a restricted byway over each section so constructed are created. Temporary prohibition or restriction of use of streets 14 1 The undertaker, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter or divert, or prohibit or restrict the use of, any street and may for any reasonable time— a divert the traffic from the street; and b subject to paragraph (3), prevent all persons from passing along the street. 2 Without limitation on the scope of paragraph (1), the undertaker may use any street where the use has been prohibited or restricted under the powers conferred by this article, and which is within the Order limits, as a temporary working site. 3 The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion, or prohibition or restriction of the use, of a street under this article if there would otherwise be no such access. 4 Without limitation on the scope of paragraph (1), the undertaker may temporarily stop up, alter or divert, or prohibit or restrict the use of, the streets specified in columns (1) and (2) of Schedule 8 (temporary prohibition or restriction of the use of streets) to the extent specified in column (3) of that Schedule. 5 The undertaker must not temporarily stop up, alter or divert, or prohibit or restrict the use of— a any street specified in paragraph (4) without first consulting the street authority; and b any other street without the consent of the street authority which may attach reasonable conditions to any consent. 6 Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act. 7 If a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (5)(b) that street authority is deemed to have granted consent. Access to site during construction 15 The undertaker may, for the purposes of the construction of the authorised development— a form and lay out means of access, or improve existing means of access, in the locations specified in columns (1) and (2) of Schedule 9 (construction access to and from works); and b with the approval of the relevant planning authority after consultation with the highway authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development. Agreements with street authorities 16 1 A street authority and the undertaker may enter into agreements with respect to— a the construction of any new street including any structure carrying the street; b the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order; c the maintenance of the structure of any bridge or tunnel carrying a street; d any stopping up, alteration, or diversion of, or prohibition or restriction of the use of, a street (whether temporary or permanent) authorised by this Order; or e the carrying out in the street of any of the works referred to in article 9(1) (street works). 2 Such an agreement may, without limitation on the scope of paragraph (1)— a make provision for the street authority to carry out any function under this Order which relates to the street in question; b specify a reasonable time for the completion of the works; and c contain such terms as to payment and otherwise as the parties consider appropriate. PART 4 SUPPLEMENTAL POWERS Discharge of water 17 1 Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain. 2 Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991 . 3 The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose but such consent must not be unreasonably withheld. 4 The undertaker must not make any opening into any public sewer or drain except— a in accordance with plans approved by the person to whom the sewer or drain belongs; and b where that person has been given the opportunity to supervise the making of the opening. 5 Except as authorised by this Order, the undertaker must not, in carrying out or maintaining works, damage or interfere with the bed or banks of any watercourse forming part of a main river. 6 The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension. 7 Nothing in this article overrides the requirement to obtain an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 . 8 In this article— a “public sewer or drain” means a sewer or drain which belongs to the Homes and Communities Agency, the Environment Agency, a harbour authority within the meaning of section 57 (interpretation) of the Harbours Act 1964 , an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation; and b other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act. Protective work to buildings 18 1 Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building lying within the Order limits as the undertaker considers necessary or expedient. 2 Protective works may be carried out— a at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or b after the completion of that part of the authorised development in the vicinity of the building, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use. 3 For the purpose of determining how the functions under this article are to be exercised the undertaker may (subject to paragraph (5)) enter and survey any building falling within paragraph (1) and any land within its curtilage. 4 For the purpose of carrying out protective works under this article to a building the undertaker may (subject to paragraphs (5) and (6))— a enter the building and any land within its curtilage; and b where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it). 5 Before exercising— a a right under paragraph (1) to carry out protective works to a building; b a right under paragraph (3) to enter a building and land within its curtilage; c a right under paragraph (4)(a) to enter a building and land within its curtilage; or d a right under paragraph (4)(b) to enter land, the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out. 6 Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question as to whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 46 (arbitration). 7 The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights. 8 Where— a protective works are carried out under this article to a building; and b within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development, the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them. 9 Nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim nuisance) of the 2008 Act. 10 Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 of the 1961 Act. 11 In this article “protective works” in relation to a building means— a underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development; and b any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development. Authority to survey and investigate the land 19 1 The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and— a survey or investigate the land; b without limitation on the scope of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples; c without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and d place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes. 2 No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land. 3 Any person entering land under this article on behalf of the undertaker— a must, if so required before or after entering the land, produce written evidence of authority to do so; and b may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes. 4 No trial holes are to be made under this article— a in land located within the highway boundary without the consent of the highway authority; or b in a private street without the consent of the street authority. 5 The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act. PART 5 POWERS OF ACQUISITION Compulsory acquisition of land 20 1 The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it, or is incidental to it, or is required as replacement land for the special category land referred to in article 31 (special category land) and may use any land so acquired for the purposes authorised by this Order or for any other purposes in connection with or ancillary to the authorised development. 2 This article is subject to article 23(2) (compulsory acquisition of rights) and article 29(8) (temporary use of land for carrying out the authorised development). Compulsory acquisition of land – incorporation of the mineral code 21 Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated in this Order subject to the modifications that— a paragraph 8(3) is not incorporated; and b for “the acquiring authority” substitute “the undertaker”. Time limit for exercise of authority to acquire land compulsorily 22 1 After the end of the period of 5 years beginning on the day on which this Order is made— a no notice to treat is to be served under Part 1 of the 1965 Act; and b no declaration is to be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 25 (application of the Compulsory Purchase (Vesting Declarations) Act 1981). 2 The authority conferred by article 29 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period. Compulsory acquisition of rights 23 1 Subject to paragraph (2), the undertaker may acquire compulsorily such rights over the Order land affecting the Order land as may be required for any purpose for which that land may be acquired under article 20 (compulsory acquisition of land) by creating them as well as by acquiring rights already in existence. 2 In the case of the Order land specified in column (1) of Schedule 10 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements or new rights in the land as may be required for the purpose specified in relation to that land in column (3) of that Schedule. 3 The undertaker may impose restrictive covenants affecting plots 2/3a, 2/4a and 2/6a for the purposes specified in relation to that land in column (3) of Schedule 10. 4 Subject to section 8 (other provisions as to divided land) of the 1965 Act, as substituted by paragraph 5 of Schedule 11 (modification of compensation and compulsory purchase enactments for creation of new rights), where the undertaker acquires a right over land under paragraph (1) or the benefit of a restrictive covenant under paragraph (3), the undertaker is not required to acquire a greater interest in that land. 5 Schedule 11 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant. Private rights 24 1 Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished— a as from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (power of entry), whichever is the earlier. 2 Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of any right acquired by the undertaker (“the acquired right”)— a as from the date of acquisition of the acquired right by the undertaker, whether compulsorily or by agreement; or b on the date of entry on the land by the undertaker under section 11(1) of the 1965 Act (power of entry) in pursuance of the acquired right, whichever is the earlier. 3 Subject to the provisions of this article, all private rights over Order land owned by the undertaker are extinguished on commencement of any activity authorised by this Order which interferes with or breaches such rights. 4 Subject to the provisions of this article, all private right over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land and so far as their continuance would be inconsistent with the temporary possession of that land. 5 Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act, to be determined, in case of dispute, under Part 1 of the 1961 Act. 6 This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 32 (statutory undertakers) applies. 7 Paragraphs (1) to (4) have effect subject to— a any notice given by the undertaker before— i the completion of the acquisition of the land or the acquisition of rights over, or the imposition of restrictive covenants affecting, the land; ii the undertaker’s appropriation of it; iii the undertaker’s entry onto it; or iv the undertaker’s taking temporary possession of it, that any or all of those paragraphs do not apply to any right specified in the notice; and b any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs. 8 If any such agreement as is referred to in paragraph (7)(b)— a is made with a person in or to whom the right is vested or belongs; and b is expressed to have effect also for the benefit of those deriving title from or under that person, it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement. 9 Reference in this article to private rights over land includes reference to any trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land (including any natural right to support) and includes restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect. Application of the Compulsory Purchase (Vesting Declarations) Act 1981 25 1 The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Order were a compulsory purchase order. 2 The Compulsory Purchase (Vesting Declarations) Act 1981, 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 3 (preliminary notices), for subsection (1) substitute— 1 Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order, the acquiring authority must include the particulars specified in subsection (3) in a notice which is— a given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and b published in a local newspaper circulating in the area in which the land is situated. . 5 In that section, in subsection (2), for “(1)(b)” substitute “(1)” and after “given” insert “and published”. 6 In that section, for subsections (5) and (6) substitute— 5 For the purposes of this section, a person has a relevant interest in land if— a that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or b that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month. . 7 In section 5 (earliest date for execution of declaration)— a in subsection (1), after “publication” insert “in a local newspaper circulating in the area in which the land is situated”; and b omit subsection (2). 8 In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”. 9 References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory purchase provisions) of the 2008 Act to the compulsory acquisition of land under this Order. Acquisition of subsoil only 26 1 The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of the land referred to in paragraph (1) of article 20 (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 land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land. 3 Paragraph (2) does not prevent article 27 (acquisition of part of certain properties) from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory. Acquisition of part of certain properties 27 1 This article applies instead of section 8(1) of the 1965 Act (other provisions as to divided land) (as applied by section 125 (application of compulsory purchase provisions) of the 2008 Act) where— a a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming part only of a house, building or manufactory or part only of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and b a copy of this article is served on the owner with the notice to treat. 2 In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”). 3 If no such counter-notice is served within that period, the owner must sell the land subject to the notice to treat. 4 If such a counter-notice is served within that period, the question whether the owner must sell only the land subject to the notice to treat is, unless the undertaker agrees to take the land subject to the counter-notice, to be referred to the tribunal. 5 If on such a reference the tribunal determines that the land subject to the notice to treat can be taken— a without material detriment to the remainder of the land subject to the counter-notice; or b where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the owner must sell the land subject to the notice to treat. 6 If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken— a without material detriment to the remainder of the land subject to the counter-notice; or b where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, the notice to treat is deemed to be a notice to treat for that part. 7 If on such a reference the tribunal determines that— a the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but b the material detriment is confined to a part of the land subject to the counter-notice, the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order. 8 If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determines that— a none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and b the material detriment is not confined to a part of the land subject to the counter-notice, the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order. 9 Where, by reason of a determination by the tribunal under this article, a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal. 10 Where the owner is required under this article to sell part only of a house, building or manufactory or part only of land consisting of a house with a park or garden, the undertaker must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired. Rights under or over streets 28 1 The undertaker may enter upon and appropriate so much of the subsoil of, or air-space over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or air-space 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 by the exercise of that power, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act. 5 Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing 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 29 1 The undertaker may, in connection with the carrying out of the authorised development— a enter on and take temporary possession of— i the land specified in columns (1) to (3) of Schedule 12 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (4) of that Schedule relating to the part of the authorised development specified in column (5) 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 buildings and vegetation from that land; and c construct temporary works (including the provision of means of access) and buildings on that land. 2 Not less than 14 days before entering on and takin