uksi/2020/528 — The M42 Junction 6 Development Consent Order 2020

2020 No. 528 Infrastructure Planning The M42 Junction 6 Development Consent Order 2020 Made 21st May 2020 Coming into force 11th June 2020 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 examined the application with the documents that accompanied the application, and considered the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State. The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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 changes to the proposals comprised in the application. The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120, 122 and 123 of, and paragraphs 1 to 3, 10 to 15, 17, 19 to 23, 26, 33, 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 M42 Junction 6 Development Consent Order 2020 and comes into force on 11th June 2020. 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 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981 ; “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 for the purposes of electronic transmission; “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act; “authorised development” means the development and associated 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; “book of reference” means the document listed in Schedule 13 (certification of plans and documents, etc.) 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; “classification of road plans” means the plans listed in Schedule 13 (certification of plans and documents, etc.) certified by the Secretary of State as the classification of road plans for the purposes of this Order; “commence” means beginning to carry out any material operation (as defined in section 56(4) of the 1990 Act) forming part of the authorised development other than operations consisting of archaeological investigations, ecological surveys and pre-construction ecological mitigation, investigations for the purpose of assessing and monitoring ground conditions and levels, remedial work in respect of any contamination or other adverse ground conditions, erection of any temporary means of enclosure, receipt and erection of construction plant and equipment, diversion and laying of underground apparatus and site clearance, and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly; “crown land plans” means the plans listed in Schedule 13 (certification of plans and documents, etc.) and certified as the crown land plans by the Secretary of State for the purposes of this Order; “cycle track” has the same meaning as in 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; “engineering drawings and sections” means the drawings and sections listed in Schedule 13 (certification of plans and documents, etc.) and certified as the engineering drawings and sections by the Secretary of State for the purposes of this Order; “environmental statement” means the document listed in Schedule 13 (certification of plans and documents, etc.) and certified as the environmental statement by the Secretary of State for the purposes of this Order; “footway” and “footpath” have the same meaning as in the 1980 Act; “highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act; “the land plans” means the plans listed in Schedule 13 (certification of plans and documents, etc.) and certified as the land plans by the Secretary of State for the purposes of this Order; “limits of deviation” means the limits of deviation referred to in article 6 (limits of deviation) and shown on the works plans; “maintain” in relation to any part of the authorised development includes to inspect, repair, adjust, alter, improve, landscape, preserve, remove, reconstruct, refurbish or replace, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “maintain” 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 of lands to be acquired or used permanently or temporarily shown on the land plans and works plans 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 in any given provision of this Order, the planning authority for the area to which the provision relates; “special road” means a highway which is a special road in accordance with section 16 (general provision as to special roads) of the 1980 Act or by virtue of an order granting development consent; “statutory undertaker” means any 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 includes part of a street; “street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act; “streets, rights of way and access plans” means the plans listed in Schedule 13 (certification of plans and documents, etc.) and certified as the streets, rights of way and access plans by the Secretary of State for the purposes of this Order; “the temporary construction works” means Work Nos. 69, 70, 71, 72, 73, 74 and 75; “traffic authority” has the same meaning as in section 121A (traffic authorities) of the 1984 Act; “trunk road” means a highway which is a trunk road by virtue of— section 10 (general provision as to trunk roads) or 19(1) (certain special roads and other highways to become trunk roads) of the 1980 Act; an order or direction under section 10 of that Act; an order granting development consent; or any other enactment; “undertaker” means Highways England Company Limited (Company No. 09346363), whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ; “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 “works plans” means the plans listed in Schedule 13 (certification of plans and documents, etc.) and 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 airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land. 3 References in this Order to the creation and acquisition of rights over land includes references to rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the direction of the undertaker, either— a to an affected person directly, where that person’s land or rights over land have been adversely affected by this Order, and, where that is the case, the rights referenced in the Order are to be granted for the benefit of the land in which that affected person has an interest at the time of the making of this Order; or b to any statutory undertaker for the purpose of their undertaking. 4 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. 5 For the purposes of this Order, all areas described in square metres in the book of reference are approximate. 6 References in this Order to any statutory body includes that body’s successor bodies as from time to time have jurisdiction over the authorised development. 7 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 streets, rights of way and access plans. 8 References in this Order to numbered works are references to works as numbered in Schedule 1 (authorised development). 9 In this Order, the expression “includes” is to be construed without limitation. PART 2 PRINCIPAL POWERS Development consent etc. granted by the Order 3 1 Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits. 2 Any enactment applying to land within or adjacent to the Order limits has effect subject to the provisions of this Order. Maintenance of authorised development 4 The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise. Maintenance of drainage works 5 1 Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible. 2 In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991 . Limits of deviation 6 1 In carrying out the authorised development the undertaker may, so far as the undertaker considers it necessary or convenient— a deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans; b deviate vertically from the levels of the authorised development shown on the engineering drawings and sections— i in respect of the construction of a new Solihull Road Overbridge referred to in Work No. 3, to a maximum of 1.5 metres upwards or downwards; and ii in respect of any other work comprised in the authorised development, to a maximum of 0.5 metres upwards or downwards. 2 The maximum limits of deviation set out in paragraph (1) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects from those reported in the environmental statement. Benefit of Order 7 1 Subject to paragraph (2) and article 8 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker. 2 Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development. Consent to transfer benefit of Order 8 1 Subject to paragraph (4), 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 between the undertaker and the transferee; or b grant to another person (“the grantee”) for a period agreed between the undertaker and the grantee 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), includes references to the transferee or the grantee. 3 The exercise by any 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 by or under this Order if those benefits or rights were exercised by the undertaker. 4 The consent of the Secretary of State is required for a transfer or grant under this article, except where the transfer or grant is made to— a Solihull Metropolitan Borough Council for the purposes of undertaking Works Nos. 3, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 30, 31, 34, 35, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53 and 54; b Cadent Gas Limited (company number 10080864, whose registered office is at Ashbrook Court Prologis Park, Central Boulevard, Coventry CV7 8PE) (or a related subsidiary company) for the purposes of undertaking Works Nos. 55, 56, 57, 58, 59, 60 and 61; c Severn Trent Water Limited (company number 02366686, whose registered office is at Severn Trent Centre, 2 St John’s Street, Coventry CV1 2LZ) for the purposes of undertaking Works Nos. 62 and 63; d Western Power Distribution Public Limited Company (company number 09223384, whose registered office is at Avonbank, Feeder Road, Bristol, Avon BS2 0TB) (or a related subsidiary company) for the purposes of undertaking Works Nos. 64 and 65; and e Esso Petroleum Company, Limited (company number 00026538, whose registered office is at Ermyn House, Ermyn Way, Leatherhead, Surrey KT22 8UX) for the purposes of undertaking Work No. 66. Application of the 1990 Act 9 1 This article applies where the land is used for the temporary construction works. 2 Where this article applies, section 57(2) of the 1990 Act (planning permission required for development) applies as if the development consent granted by this Order were planning permission granted for a limited period. Application of the Community Infrastructure Levy Regulations 2010 10 1 The Community Infrastructure Levy Regulations 2010 apply to the authorised development as if regulation 5(2) of those Regulations (meaning of “planning permission”) referred to development consent which is deemed to be granted for a limited period by an order made under section 114(1)(a) of the 2008 Act (grant or refusal of development consent) rather than to planning permission which is granted for a limited period. 2 Development consent is deemed to be granted for a limited period for the temporary construction works and any other temporary buildings or works authorised by this Order. Planning permission 11 If planning permission is issued pursuant to the 1990 Act for development any part of which is within the Order limits following the publication of this Order that is— a not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; and b required to complete or enable the construction, use or operation of any part of the development authorised by this Order, then the carrying out, use or operation of such development pursuant to the terms of the planning permission is not to constitute a breach of the terms of this Order. PART 3 STREETS Street works 12 1 The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets specified in column (2) of Schedule 3 (streets subject to street works) as are 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 or carry out works to strengthen or repair the carriageway; c place or keep apparatus in the street; d maintain, renew or alter apparatus in the street or change its position; e demolish, remove, replace and relocate any street furniture; f execute any works to provide or improve sight lines; g execute and maintain any works to provide hard and soft landscaping; h carry out re-lining and placement of road markings; i remove and install temporary and permanent signage; and j execute any works required for, or incidental to, any works referred to in subparagraphs (a) to (i). 2 The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act. 3 Subject to article 13 (application of the 1991 Act), the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1). Application of the 1991 Act 13 1 Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if— a they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or b they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts) of the 1980 Act or section 184 (vehicle crossings over footways and verges) of that Act. 2 In Part 3 of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker. 3 The following provisions of the 1991 Act do not apply in relation to any works executed under the powers of this Order— section 56 (power to give directions as to timing of street works); section 56A (power to give directions as to placing of apparatus); section 58 (restrictions on works following substantial road works); section 58A (restriction on works following substantial street works); section 73A (power to require undertaker to re-surface street); section 73B (power to specify timing etc. of re-surfacing); section 73C (materials, workmanship and standard of re-surfacing); section 78A (contributions to costs of re-surfacing by undertaker); and Schedule 3A (restriction on works following substantial street works). 4 The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved, under those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 16 (temporary stopping up and restriction of use of streets), whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act. 5 The provisions of the 1991 Act referred to in paragraph (4) are— section 54 (advance notice of certain works), subject to paragraph (6); section 55 (notice of starting date of works), subject to paragraph (6); section 57 (notice of emergency works); section 59 (general duty of street authority to co-ordinate works); section 60 (general duty of undertakers to co-operate); section 68 (facilities to be afforded to street authority); section 69 (works likely to affect other apparatus in the street); section 75 (inspection fees); section 76 (liability for cost of temporary traffic regulation); and section 77 (liability for cost of use of alternative route), and all such other provisions as apply for the purposes of the provisions mentioned above. 6 Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency. 7 Nothing in article 14 (construction and maintenance of new, altered or diverted streets and other structures)— a affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act; b means the undertaker is by reason of any duty under that article to maintain a street to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or c has effect in relation to maintenance works which are street works within the meaning of the 1991 Act, as respects which the provisions of Part 3 of the 1991 Act apply. Construction and maintenance of new, altered or diverted streets and other structures 14 1 Any street (other than a special road or a trunk road) to be constructed under this Order must be completed to the reasonable satisfaction of the local highway authority in whose area the street lies and, unless otherwise agreed in writing with the local highway authority, the street including any culverts or other structures laid under it, must be maintained by and at the expense of the local highway authority from its completion. 2 Where a street (other than a special road or a trunk road) is altered or diverted under this Order, the altered or diverted part of the street must be completed to the reasonable satisfaction of the street authority in whose area the street lies and, unless otherwise agreed in writing with the street authority, that part of the street, including any culverts or other structures laid under it, must be maintained by and at the expense of the street authority from its completion. 3 In the case of a bridge constructed under this Order to carry a highway (other than a special road or a trunk road) over a special road or a trunk road, the highway surface (being those elements over the waterproofing membrane) must be maintained by and at the expense of the local highway authority and the remainder of the bridge, including the waterproofing membrane and structure below, must be maintained by and at the expense of the undertaker. 4 In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street or other structure under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street or structure to which the action relates was not dangerous to traffic. 5 For the purposes of a defence under paragraph (4), the court must in particular have regard to the following matters— a the character of the street or structure and the traffic which was reasonably to be expected to use it; b the standard of maintenance appropriate for a street or structure of that character and used by such traffic; c the state of repair in which a reasonable person would have expected to find the street or structure; d whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street or structure to which the action relates was likely to cause dangers to users of the street or structure; and e where the undertaker could not reasonably have been expected to repair that part of the street or structure before the cause of action arose, what warning notices of its condition had been displayed, but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street or structure to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street or structure and that the competent person had carried out those instructions. Classification of roads etc. 15 1 The roads described in Part 1 (special roads) of Schedule 4 (classification of roads, etc.) are to be— a classified as special roads for the purpose of any enactment or instrument which refers to highways classified as special roads; and b provided for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 (classes of traffic for purposes of special roads) to the 1980 Act. 2 From the date on which the undertaker notifies the Secretary of State that the roads described in Part 1 of Schedule 4 have been completed and are open for traffic— a the undertaker is the highway authority for those roads; and b they are classified as trunk roads for the purpose of any enactment or instrument which refers to highways classified as trunk roads. 3 From the date on which the roads described in Part 2 (trunk roads) of Schedule 4 are completed and open for traffic, they are to become trunk roads as if they had become so by virtue of an order under section 10(2) (general provision as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads. 4 From the date on which the roads described in Part 3 (classified roads) of Schedule 4 are completed and open for traffic, they are to become classified roads 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) (general provision as to principal and classified roads) of the 1980 Act. 5 From the date on which the roads described in Part 4 (unclassified roads) of Schedule 4 are completed and open for traffic, they are to become unclassified roads for the purpose of any enactment or instrument which refers to unclassified roads. 6 From the date on which the roads specified in Part 5 (speed limits) of Schedule 4 are open for traffic, no person is to drive any motor vehicle at a speed exceeding the limit in miles per hour specified in column (2) of that Part along the lengths of road identified in the corresponding row of column (1) of that Part. 7 From the date on which Work Nos. 4 and 5 are open for traffic, the M42 (Junctions 3A to 7) (Actively Managed Hard Shoulder and Variable Speed Limits) Regulations 2005 are amended as follows— a after paragraph 4(c) of the Schedule (relevant roads), insert— ; and d on-slip road which connects the northbound carriageway of the M42 with Junction 5A ; and b after paragraph 5(c) of the Schedule, insert— ; and d off-slip road which connects the southbound carriageway of the M42 with Junction 5A . 8 The public rights of way set out in Part 6 (public rights of way) of Schedule 4 and identified on the rights of way and access plans are to be constructed by the undertaker in the specified locations and open for use from— a the date on which the authorised development is open for traffic; or b such date as soon as reasonably practicable after the construction of the public right of way as may be agreed by the undertaker and the local highway authority. 9 The application of paragraphs (1) to (8) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters, including by an instrument made under the 1984 Act where the matter in question could have been included in an order made under that Act. Temporary stopping up and restriction of use of streets 16 1 The undertaker, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter, divert 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 temporarily stopped up, altered, diverted 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, diversion or restriction of a street under this article if there would otherwise be no such access. 4 Without limitation on the generality of paragraph (1), the undertaker may temporarily stop up, alter, divert or restrict the street specified in column (1) of Schedule 5 (streets to be temporarily stopped up) to the extent specified by reference to the letters and numbers shown on the streets, rights of way and access plans, in column (2) of that Schedule, and may provide a temporary diversion. 5 Save as to streets in respect of which the undertaker is the street authority, the undertaker must not temporarily stop up, alter, divert or restrict— a any street specified as mentioned 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 but such consent must not be unreasonably withheld. 6 Where the undertaker provides a temporary diversion under paragraph (4), the temporary alternative route is not required to be of a higher standard than the temporarily stopped up street in column (1) of Schedule 5. 7 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. 8 If a street authority which receives an application for consent under paragraph (5)(b) 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. 9 Any application to which this article applies must include a statement that the provisions of paragraph (8) apply to that application. Permanent stopping up, restriction of use of streets, public rights of way and private means of access 17 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, public rights of way and private means of access specified in column (1) of Parts 1, 2, 3, 4, 5, 6 and 7 of Schedule 6 (permanent stopping up of streets, public rights of way and private means of access) to the extent specified and described in column (2) of those Parts of that Schedule. 2 No street, public right of way or private means of access specified in columns (1) of Parts 1, 3 and 5 of Schedule 6 is to be wholly or partly stopped up under this article unless— a the new street, public right of way or private means of access to be constructed and substituted for it, which is specified in column (3) of those Parts of that Schedule, is open for use and, in the case of a street, has been completed to the reasonable satisfaction of the street authority; or b a temporary alternative route for the passage of such traffic as could have used the street, public right of way or private means of access to be stopped up is first provided and, in the case of a street, is 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, public right of way or private means of access until the completion and opening of the new street, public right of way or private means of access in accordance with sub-paragraph (a). 3 No street, public right of way or private means of access specified in column (1) of Parts 2, 4 and 6 of Schedule 6 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 means of access to be stopped up. 4 The condition referred to in paragraph (3) is that— a the undertaker is in possession of the land; or b there is no right of access to the land from the street or private means of access concerned; or c there is reasonably convenient access to the land otherwise than from the street or private means of access concerned; or d the owners and occupiers of the land have agreed to the stopping up. 5 Where a street or private means of access has been stopped up under this article— a all rights of way over or along the street or private means of 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 means of access as is bounded on both sides by land owned by the undertaker. 6 The undertaker may, in connection with the carrying out of the authorised development, alter the private means of access specified in column (1) of Part 7 of Schedule 6 to the extent specified in column (2) of that Part. 7 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. 8 This article is subject to article 36 (apparatus and rights of statutory undertakers in stopped up streets). Access to works 18 The undertaker may, for the purposes of the authorised development, form and layout 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. Clearways, prohibitions and restrictions 19 1 From such day as the undertaker may determine, except as provided in paragraph (3), no person is to cause or permit any vehicle to enter any part of the lengths of road or wait on any part of the lengths of road described in column (1) of Part 1 (traffic regulation measures (clearways and prohibitions)) of Schedule 7 (clearways, prohibitions and restrictions) where it is identified in the corresponding row of column (2) of that Part that entry to such lengths of road are prohibited or such lengths of road are to become a clearway, except upon the direction of, or with the permission of, a uniformed constable or uniformed traffic officer. 2 From such day as the undertaker may determine, except as provided in paragraph (3), no person may cause or permit any vehicle to use any part of the length of road described in column (1) of Part 2 (traffic regulation measures (weight restrictions)) of Schedule 7 (clearways, prohibitions and restrictions) where that vehicle exceeds the weight restriction specified in column (2) of that Part. 3 Nothing in paragraphs (1) or (2) applies— a to render it unlawful to cause or permit a vehicle to wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with— i the removal of any obstruction to traffic; ii the maintenance, improvement, reconstruction or operation of the road; iii the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any electronic communications apparatus as defined in Schedule 3A (the electronic communications code) to the Communications Act 2003 ; or iv any building operation or demolition; b in relation to a vehicle being used— i for police, ambulance, fire and rescue authority or traffic officer purposes; ii in the service of a local authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties; iii in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991 ; or iv by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Service Act 2000 ; or c in relation to a vehicle waiting when the person in control of it is— i required by law to stop; ii obliged to stop in order to avoid an accident; or iii prevented from proceeding by circumstances outside the persons control. 4 No person is to cause or permit any vehicle to wait on any part of the roads described in paragraph (1) for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed. 5 Paragraphs (1), (2), (3) and (4) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders. 6 In this article, “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the Traffic Management Act 2004 . Traffic regulation 20 1 This article applies to roads in respect of which the undertaker is not the traffic authority. 2 Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development or for the purposes set out in section 1(1)(d) (preventing the use of the road) or (f) (preserving or improving amenity) of the 1984 Act— a revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act; b permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road; c authorise the use as a parking place of any road; d make provision as to the direction or priority of vehicular traffic on any road; and e permit or prohibit vehicular access to any road, either at all times or at times, on days or during such periods as may be specified by the undertaker. 3 The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period. 4 The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5). 5 The undertaker must not exercise the powers conferred by paragraph (2) unless it has— a given not less than— i 12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or ii 4 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily, to the chief officer of police and to the traffic authority in whose area the road is situated; and b advertised its intention in such manner as the traffic authority may specify in writing within 28 days of the receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of the receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii). 6 Any prohibition, restriction or other provision made by the undertaker under paragraph (2)— a has effect as if duly made by, as the case may be— i the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or ii the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act, and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and b is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004 . 7 Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers of paragraph (2) within a period of 24 months from the opening of the authorised development. 8 Before exercising the powers conferred by paragraph (2), the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person. 9 Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act. 10 The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road. 11 If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent. 12 Any application to which this article applies must include a statement that the provisions of paragraph (11) apply to that application. PART 4 SUPPLEMENTAL POWERS Discharge of water 21 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 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, but such approval must not be unreasonably withheld; and b where that person has been given the opportunity to supervise the making of the opening. 5 Save where permitted by this Order, the undertaker must not, in carrying out or maintaining works under this article, 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 pursuant to 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 for 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 England, the Environment Agency, an internal drainage board, a joint planning board, a local 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. 9 If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application that person is deemed to have granted consent or given approval, as the case may be. 10 Any application to which this article applies must include a statement that the provisions of paragraph (9) apply to that application. Protective work to buildings 22 1 Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building which may be affected by the authorised development 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 enter and survey any building falling within paragraph (1) and any land within its curtilage, and place on, leave on and remove from the land any apparatus and equipment for use in connection with the survey. 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 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 47 (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 Without affecting article 46 (no double recovery) nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act. 10 Subject to paragraph (6), section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto 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. 11 Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 12 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 23 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 including, where reasonably necessary, any land which is adjacent to, but outside the Order limits, and— a survey or investigate the land; b without limitation on the scope of sub-paragraph (a), make any excavations or trial holes and boreholes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil and groundwater and remove soil and water samples and discharge water samples on to the land; c without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; 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 and boreholes. 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 for habitat related surveys and six weeks’ notice for all other surveys. 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 their 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 and boreholes. 4 No trial holes or boreholes are to be made under this article— a in land located within a highway boundary without the consent of the highway authority; or b in a private street without the consent of the street authority, but such consent must not be unreasonably withheld. 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 powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 6 If either a highway authority or street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent— a under paragraph (4)(a) in the case of a highway authority; or b under paragraph (4)(b) in the case of a street authority, that authority will be deemed to have granted consent. 7 Any application to which this article applies must include a statement that the provisions of paragraph (6) apply to that application. 8 Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant 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. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND Compulsory acquisition of land 24 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. 2 This article is subject to paragraph (2) of article 27 (compulsory acquisition of rights and restrictive covenants), paragraph (9) of article 33 (temporary use of land for carrying out the authorised development) and article 37 (crown rights). Compulsory acquisition of land – incorporation of the mineral code 25 1 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; b for “the acquiring authority” substitute “the undertaker”; and c for “undertaking” substitute “authorised development”. Time limit for exercise of authority to acquire land compulsorily 26 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 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act as modified by article 29 (modification of Part 1 of the 1965 Act); and b no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 30 (application of the 1981 Act). 2 The authority conferred by article 33 (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 from 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 and restrictive covenants 27 1 Subject to paragraphs (2) to (4), the undertaker may acquire such rights over the Order land, or impose restrictive covenants affecting the Order land, as may be required for any purpose for which that land may be acquired under article 24 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence. 2 In the case of the Order land specified in column (1) of Schedule 8 (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, new rights in the land or the imposition of restrictive covenants, as may be required for the purpose specified in relation to that land in column (2) of that Schedule. 3 Subject to section 8 (other provisions as to divided land) of, and Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to, the 1965 Act, as substituted by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or the benefit of a restrictive covenant affecting land under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land. 4 Schedule 9 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 over land 28 1 Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished from whichever is the earlier of— a the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or b the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act. 2 Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of the rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant from whichever is the earlier of— a the date of the acquisition of the right or the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement; or b the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act. 3 Subject to the provisions of this article, all private rights over land owned by the undertaker that are within the Order limits are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights. 4 Subject to the provisions of this article, all private rights 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. 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 (determination of questions of disputed compensation) of the 1961 Act. 6 This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 35 (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 the right or the imposition of the restrictive covenant over or 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 References in this article to