The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014

Made: 30th September 2014

Coming into force: 21st October 2014

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 122 of, and paragraphs 1 to 3, 8, 10 to 17, 24, 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

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This Order may be cited as the Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014 and comes into force on 21st October 2014.

Interpretation

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• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961[^f00004];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00005];

• “the 1980 Act” means the Highways Act 1980[^f00006];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00007];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00008];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00009];

• “the 2008 Act” means the Planning Act 2008[^f00010];

• “the access plans” means the plans certified as the Access and Rights of Way Plans by the Secretary of State for the purposes of this Order;

• “address” includes any number or address used for the purposes of electronic transmission;

• “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;

• “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;

• “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;

• “cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act[^f00011];

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form;

• “the environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;

• “the exchange land plans” means the plans certified as the exchange land plans by the Secretary of State for the purposes of this Order;

• “footpath” and “footway” have the same meaning as in the 1980 Act;

• “highway” and “highway authority” have the same meaning as in the 1980 Act;

• “the land plans” means the plans 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 5 (limits of deviation) and shown as such on the works plans;

• “maintain” in relation to the authorised development includes to inspect or repair and any derivative of “maintain” is to be construed accordingly;

• “Order land” means the land shown on the land plans within the limits of deviation, which is land to be acquired or used and is described in the book of reference;

• “the Order limits” means the limits of deviation 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[^f00012];

• “the relevant planning authority” means the Central Bedfordshire Council in relation to land in its area and Luton Borough Council in relation to land in its area, and “the relevant planning authorities” means both of them;

• “the replacement land” means the land coloured green on the exchange land plans comprising plots numbered 02/13 (part), 02/14 (part), 02/15 (part), 02/16 (part), 02/17 (part), 02/19 (part), 02/20 (part), 02/28 (part), 02/29, 02/47 and 03/01 (part) in the book of reference and on the land plans;

• “the sections” means the cross section drawings and the longitudinal section drawings certified as the sections by the Secretary of State for the purposes of this Order;

• “the special category land” means the land coloured blue on the exchange land plans and comprising plots numbered 01/05, 01/06, 01/08, 01/10, 01/12, 01/15, 01/18, 01/20, 01/22, 01/23, 02/01, 02/04, 02/08, 02/09 and 02/42 in the book of reference and on the land plan and forming part of the open space which may be acquired compulsorily under this Order and for which replacement land is to be provided;

• “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 of the 1991 Act;

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “the undertaker” means the person who has the benefit of this Order in accordance with section 156 (benefit of order granting development consent) of the 2008 Act and article 6 (benefit of 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) For the purposes of this Order, 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 access plans.

• (6) References in this Order to numbered works are references to the works as numbered in Schedule 1.

PART 2 — PRINCIPAL POWERS

Development consent etc. granted by the Order

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• (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) Subject to article 5 (limits of deviation) the works numbered in Schedule 1 (authorised development) must be constructed in the lines and situations shown on the works plans and to the levels shown on the sections.

Maintenance of authorised development

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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.

Limits of deviation

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In carrying out the authorised development the undertaker may—

• (a) deviate vertically from the levels shown on the sections to any extent not exceeding 0.5 metres upwards or downwards; and

• (b) deviate laterally within the limits of deviation from the lines or situations shown on the works plans to any extent not exceeding 2 metres in any direction.

Benefit of Order

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• (1) Subject to paragraph (2) and article 7 (consent to transfer benefit of Order), the provisions of this Order have effect solely for the benefit of the Central Bedfordshire Council.

• (2) Paragraph (1) does not apply to the works for which 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

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• (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 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 a transfer or grant under this article, except where the transfer or grant is made—

• (a) to a highway authority; or

• (b) to the Secretary of State.

PART 3 — STREETS

Application of the 1991 Act

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• (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 might have been carried out in exercise of the powers conferred by section 64[^f00013] of the 1980 Act (dual carriageways and roundabouts) or section 184 of that Act (vehicle crossings over footways and verges).

• (2) In Part 3 of the 1991 Act references, in relation to major highway works, to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), 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 conferred by this Order—

• section 56 (directions as to timing);

• section 56A (power to give directions as to placing of apparatus);

• section 58 (restrictions 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 13 (temporary prohibition or 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[^f00014] referred to in paragraph (4) are—

• section 54[^f00015] (advance notice of certain works), subject to paragraph (6);

• section 55[^f00016] (notice of starting date of works), subject to paragraph (6);

• section 57[^f00017] (notice of emergency works);

• section 59[^f00018] (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 9 (construction and maintenance of new, altered or diverted streets) —

• (a) affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and the undertaker is not 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

• (b) has effect in relation to street works as respects which the provisions of Part 3 of the 1991 Act apply.

Construction and maintenance of new, altered or diverted streets

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• (1) Subject to paragraph (2), the streets authorised to be constructed, altered or diverted under this Order are to be public highways, and unless otherwise agreed with the highway authority in whose area those streets lie must be maintained—

• (a) by and at the expense of the undertaker for a period of 12 months from their completion; and

• (b) at the expiry of that period, by and at the expense of the highway authority, provided that the works concerned have been completed to the reasonable satisfaction 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), unless otherwise agreed with the street authority, must be maintained—

• (a) by and at the expense of the undertaker for a period of 12 months from its completion; and

• (b) at the expiry of that period by and at the expense of the street authority provided that the street has been completed to the reasonable satisfaction of the street authority.

• (3) In any action against the undertaker in respect of 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)[^f00019] of the 1980 Act applies as if that street were a highway maintainable at the public expense and the undertaker were the highway authority.

Classification of roads

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On the date on which the new road referred to in Work No. 1 of Schedule 1 (authorised development) is completed and open for traffic, it is to be classified as the A5505 Woodside Link and is to be—

• (a) a principal road for the purpose of any enactment or instrument which refers to highways classified as principal roads; and

• (b) 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) (general provision as to principal and classified roads) of the 1980 Act.

Speed limits

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• (1) From the date on which—

• (a) the length of road identified in Part 1 of Schedule 3 (speed limits) is completed and open for traffic, no person is to drive any motor vehicle at a speed exceeding 20 miles per hour in that length of road;

• (b) each length of road identified in Part 2 of Schedule 3 is completed and open to traffic, no person is to drive any motor vehicle at a speed exceeding 30 miles per hour in that length of road; and

• (c) each length of road identified in Part 3 of Schedule 3 is completed and open to traffic, no person is to drive any motor vehicle at a speed exceeding 40 miles per hour in that length of road.

• (2) The speed limits imposed by this Order are deemed to have been imposed by an order under section 84(1) (speed limits on roads other than restricted roads)[^f00020] of the 1984 Act and—

• (a) have the same effect; and

• (b) may be varied by the relevant traffic authority in the same manner,

as any other speed limit imposed by an order under that section.

• (3) No speed limit imposed by this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011[^f00021] when used in accordance with regulation 3(5) of those Regulations.

Stopping up of streets

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• (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 specified in columns (1) and (2) of Parts 1 to 3 of Schedule 4 (streets to be stopped up) to the extent specified and described in column (3) of those Parts of that Schedule.

• (2) No street specified in columns (1) and (2) of Parts 1 and 2 of Schedule 4 (being a street 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 to be constructed and substituted for it, which is specified in column (4) of those Parts of that Schedule, has been constructed and 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 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 until the completion and opening of the new street in accordance with sub-paragraph (a).