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The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015

Type Statutory-Instrument

Publication 2015-02-04

Last updated 2017-12-28

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

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

(3) This article does not have effect in relation to apparatus to which article 31 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this paragraph—

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

“public utility undertaker” has the same meaning as in the 1980 Act.

PART 6 — OPERATIONS

Felling or lopping of trees

33

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

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

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

(2) In carrying out any activity authorised by paragraph (1), the Secretary of State must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

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

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

34

(1) This article applies to—

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

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

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

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

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

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

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

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

Operational land for purposes of the 1990 Act

35

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

36

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00033] in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act, no order is to be made, and no fine may be imposed, under section 82(2)[^f00034] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the Secretary of State for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or section 65 (noise exceeding registered level), of the Control of Pollution Act 1974[^f00035]; or

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

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

(2) Section 61(9) of the Control of Pollution Act 1974 and section 65(8) of that Act, do not apply where the consent relates to the use of premises by the Secretary of State for the purposes of or in connection with the construction or maintenance of the authorised development.

Protection of interests

37

Schedule 8 (protective provisions) to the Order has effect.

Certification of plans, etc.

38

(1) As soon as practicable after the making of this Order, copies of—

(a) the book of reference (Parts 1 to 5) (TR010007/APP/13c), Revision 1;

(b) the land plans (TR010007/APP/11)—

TR010007/APP/11/(A), Revision 0;

TR010007/APP/11/(B), Revision 0;

TR010007/APP/11/(C), Revision 0;

TR010007/APP/11/(D), Revision 0;

TR010007/APP/11/(E), Revision 0;

TR010007/APP/21.1 (A), Revision 0;

TR010007/APP/21.1 (B), Revision 1;

TR010007/APP/21.1 (C), Revision 1;

TR010007/APP/21.1 (D), Revision 1;

TR010007/APP/21.1 (E), Revision 1;

(d) the works plans (TR010007/APP/12)—

TR010007/APP/12 (A), Revision 0;

TR010007/APP/12 (B), Revision 1;

TR010007/APP/12 (C), Revision 1;

TR010007/APP/12 (D), Revision 0;

TR010007/APP/12 (E), Revision 0;

(e) the engineering drawings and sections—

(i) General Arrangements (TR010007/APP/23.1)—

TR010007/APP/23.1(A), Revision 0;

TR010007/APP/23.1 (B), Revision 1;

TR010007/APP/23.1 (C), Revision 1;

TR010007/APP/23.1 (D), Revision 1;

TR010007/APP/23.1(E), Revision 0;

TR010007/APP/23.1(F), Revision 0;

TR010007/APP/23.1(G), Revision 0;

TR010007/APP/23.1(H), Revision 0;

TR010007/APP/23.1(I), Revision 0;

TR010007/APP/23.1(J), Revision 0;

TR010007/APP/23.1(K), Revision 1;

(ii) Longitudinal Sections (TR010007/APP/23.2)—

TR010007/APP/23.2 (A), Revision 1;

TR010007/APP/23.2 (B), Revision 0;

TR010007/APP/23.2 (C), Revision 0;

TR010007/APP/23.2 (D), Revision 1;

TR010007/APP/23.2 (E), Revision 0;

TR010007/APP/23.2 (F), Revision 0;

TR010007/APP/23.2 (G), Revision 0;

TR010007/APP/23.2 (H), Revision 0;

TR010007/APP/23.2 (I), Revision 1;

(iii) Structure Details (TR010007/APP/23.3)—

TR010007/APP/23.3 (A), Revision 0;

TR010007/APP/23.3 (B), Revision 0;

TR010007/APP/23.3 (C), Revision 0;

TR010007/APP/23.3 (D), Revision 0;

TR010007/APP/23.3 (E), Revision 0;

(iv) Drainage Details (TR010007/APP/23.4)—

TR010007/APP/23.4 (A), Revision 0;

TR010007/APP/23.4 (B), Revision 1;

TR010007/APP/23.4 (C), Revision 0;

TR010007/APP/23.4 (D), Revision 0;

TR010007/APP/23.4 (E), Revision 0; and

(v) Non-Motorised User Provisions (TR010007/APP/23.5)—

TR010007/APP/23.5 (A), Revision 0;

TR010007/APP/23.5 (B), Revision 1;

TR010007/APP/23.5 (C), Revision 1;

TR010007/APP/23.5 (D), Revision 1;

TR010007/APP/23.5 (E), Revision 1; and

(f) the traffic regulation plans (TR010007/APP/21.2)—

TR010007/APP/21.2 (A), Revision 0;

TR010007/APP/21.2 (B), Revision 1;

TR010007/APP/21.2 (C), Revision 0;

TR010007/APP/21.2 (D), Revision 0;

TR010007/APP/21.2 (E), Revision 0,

must be certified by the Secretary of State as true copies of the documents referred to in this Order.

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

Service of notices

39

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00036] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Arbitration

40

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

Traffic regulation

41

(1) This article applies to roads in respect of which the Secretary of State 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 Secretary of State may, for the purposes of the authorised development—

(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;

(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 Secretary of State.

(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 Secretary of State 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 Secretary of State must not exercise the powers conferred by paragraph (2) unless the Secretary of State has—

(a) given not less than—

(i) 12 weeks’ notice in writing of the Secretary of State’s 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 the Secretary of State’s 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 the Secretary of State’s intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the Secretary of State’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the Secretary of State’s intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by the Secretary of State 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[^f00037],

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[^f00038].

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the Secretary of State from time to time by subsequent exercise of the powers conferred by 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 Secretary of State must consult such persons as the Secretary of State considers necessary and appropriate and must take into consideration any representations made to the Secretary of State 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 Secretary of State by this article with respect to any road have effect subject to any agreement entered into by the Secretary of State 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 Secretary of State of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of North East Lincolnshire and North Lincolnshire A nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act[^f00039], comprising: Work No. 1 — the construction of a new A160 dual carriageway, north east from Brocklesby Interchange to the new Habrough Roundabout. Work No. 2 (Parts a, b, c, d, e, f) — the construction of up to 6 highway drainage attenuation ponds and pollution control facilities. Work No. 3 — the construction of a new westbound A180 on-slip to the west of the Brocklesby Interchange. Work No. 4 — the construction of a new eastbound A180 off-slip to the west of the Brocklesby Interchange.

In the administrative area of North East Lincolnshire A nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act, comprising: Work No. 5 — the construction of a new roundabout junction (referred to in this Schedule as “the Brocklesby Interchange”) to connect the A180 eastbound and westbound with the new A160 dual carriageway. Work No. 6 — the construction of a new A180 bridge to form the east side of the Brocklesby Interchange. Work No. 7 — the construction of a new westbound A180 off-slip to the east of the Brocklesby Interchange. Work No. 8 — the construction of a new eastbound A180 on-slip to the east of the Brocklesby Interchange.

In the administrative area of North Lincolnshire A nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act, comprising: Work No. 9 — the diversion of electric cables and associated apparatus at the existing access across the A160, approximately 340 metres north of the Brocklesby Interchange. Work No. 10 — the diversion or protection of a water pipeline under the new A160 just to the west of Ulceby Road Truck Stop. Work No. 11 — the diversion of electric cables and associated apparatus just to the west of Ulceby Road Truck Stop. Work No. 12 — the diversion or protection of up to 2 water pipelines just to the east of Ulceby Road Truck Stop under the new A160 and Ulceby Road Link. Work No. 13 — the construction of a new single carriageway section of A1077 Ulceby Road to connect the existing A1077 Ulceby Road with the new Habrough Road Roundabout. Work No. 14 — the diversion or protection of a high pressure gas pipeline under the new A160 and Ulceby Road Link, 300 metres west of the new Habrough Road Roundabout. Work No. 15 — the diversion of up to 2 high pressure gas pipelines 200 metres west of the new Habrough Road Roundabout under the new A160 and Ulceby Road Link. Work No. 16 — the protection of an intermediate gas pipeline 200 metres west of the new Habrough Road Roundabout under the new A160 and Ulceby Road Link. Work No. 17 — the diversion or protection of high pressure gas pipeline 160 metres from the new Habrough Road Roundabout under the new A160 and Ulceby Road Link. Work No. 18 — the installation of ducts in the proximity of the proposed Habrough Road Roundabout to house cables for the project named “Hornsea Offshore Wind Farm Project One”. Work No. 19 — the construction of a new roundabout to connect the A160 with A1077 Ulceby Road, Habrough Road and East Halton Road. Work No. 20 — the construction of a new single carriageway road between the new Habrough Road Roundabout and East Halton Road, northwards for a distance of 635 metres. Work No. 21 — the construction of a new single carriageway section of Greengate Lane to link Top Road and the existing Greengate Lane to the new East Halton Road link. Work No. 22 — the construction of a new southerly direction single carriageway link road from the new Habrough Road Roundabout to link to the existing Habrough Road and a new link to connect this to the stopped up section of the existing Habrough Road. Work No. 23 — the construction of a new aligned dual carriageway section of the A160 to link the new Habrough Road Roundabout to the existing alignment of the A160. Work No. 24 — the construction of a new eastbound deceleration area, the closure of existing central reserve and construction of physical islands on the A160 at the Town Street junction. Work No. 25 — the construction of a new link road between Town Street North and South, including a new bridge across the A160. Work No. 26 — the realignment of Town Street South between the junction with the A160 and the new Town Street link road. Work No. 27 — the alteration of existing central reserve on the A160 at the entrance to the Humber Oil Refinery to allow right turns in a westbound direction on the A160 only and restrict all other movements that would cross the A160 central reserve. Work No. 28 — the construction of a new dual lane northbound link road between Manby Roundabout and Rosper Road. Work No. 29 — the construction of a new bridge under the existing railway on the new Rosper Road link. Work No. 30 — the diversion of oxygen pipeline under the new Rosper Road Link just north of the existing railway. Work No. 31 — construction of a new northbound single lane road between Humber Road and the new Rosper Road link to allow access for abnormal loads. In connection with the construction of any of those works, associated development within the Order limits consisting of— alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level or increasing the width of any such kerb, footpath, footway, cycle track or verge; and reducing the width of the carriageway of the street; works required for the strengthening, improvement, maintenance or reconstruction of any street; refurbishment works to any existing bridge; ramps, means of access, non-motorised links, footpaths, footways, cycle tracks and crossing facilities; embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts; street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street; works to place or maintain apparatus in a street; works to alter the position of apparatus, including mains, sewers, drains and cables; works to alter the course of, or otherwise interfere with a watercourse; landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development; works for the benefit or protection of land affected by the authorised development; works required for the strengthening, improvement, maintenance or reconstruction of any streets; works to alter or remove road furniture; site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths) and earthworks (including soil stripping and storage, site levelling); establishment of site construction compounds, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction lighting and haulage roads; pumping stations to manage surface water run off; borrow pits to provide a source of construction material; and such other works, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development.

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

“CEMP” means construction environmental management plan;

“European protected species” has the same meaning as in regulations 42 and 46 of the Conservation of Habitats and Species Regulations 2017; and

“the undertaker” means the person who has the benefit of the Order in accordance with article 6 (benefit of Order).

Time limits

2

The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Construction Environmental Management Plan

3

(1) No part of the authorised development is to commence until a CEMP for that part has been prepared in consultation with the relevant planning authority, and submitted to and approved in writing by the Secretary of State.

(2) The construction of the authorised development must be carried out in accordance with the approved CEMP.

(3) The CEMP must reflect the mitigation measures included in chapters 6 to 15 of the environmental statement.

(4) The CEMP must incorporate the following plans and programmes—

(a) Site Environmental Control Plans as detailed below—

(i) air pollution prevention;

(ii) water pollution prevention;

(iii) light pollution prevention;

(iv) noise, vibration and other nuisances;

(v) natural environment;

(vi) archaeological management; and

(vii) use of local road network;

(b) Soil Management Plan, including—

(i) soil resource plan, including protection of in situ soils, handling and storage codes of practice;

(ii) on site re-use criteria and measures; and

(iii) borrow pit plan;

(i) management of excavated material and other waste arising;

(ii) waste minimisation;

(iii) hazardous waste management; and

(iv) material re-use, or disposal;

(d) Materials Management Plan, including—

(i) material classification;

(ii) on site re-use criteria and measures; and

(iii) disposal measures; and

(e) Change Control Process.

(5) Each Site Environmental Control Plan detailed in sub-paragraph (4)(a) must incorporate the following—

(a) responsibilities;

(b) consent requirements;

(d) general control measures;

(e) specific control measures;

(f) monitoring and measurement; and

(g) in the event of an emergency.

(6) The CEMP must require—

(a) adherence to the relevant Environment Agency Pollution Prevention Guidelines PPG1, PPG5, PPG6, PPG21 and PPG22; and

(b) adherence to working hours of 7:30 am to 6:00 pm on Mondays to Fridays and 7:30 am to 1:00 pm on Saturdays, except for—

(i) work associated with the installation of the new rail bridge;

(ii) work associated with the bridge decks for the Town Street and Brocklesby bridges;

(iii) works in the carriageway that due to network constraints cannot be completed during normal working hours; and

(iv) extended working hours in the summer months for the earthworks to take advantage of the weather and daylight.

(7) The CEMP must include measures to ensure that the part of Work No. 28 that is on or to the east of Rosper Road can only be undertaken during the months of April to October inclusive.

(8) The plans and programmes listed in sub-paragraph (4) must include measures to address the event that the authorised development coincides with any other major projects in the area which may impact those matters, following consultation with the relevant planning authority.

Landscaping

4

(1) No part of the authorised development is to commence until a written landscaping scheme for that part has been prepared in consultation with the relevant planning authority, and submitted to and approved in writing by the Secretary of State.

(2) The landscaping scheme prepared under requirement 4(1) must reflect the measures shown in appendix 2.1 of the environmental statement.

(3) The landscaping scheme prepared under requirement 4(1) must include details of hard and soft landscaping works, including—

(a) location, number, species, size and planting density of any proposed planting;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(d) hard surfacing materials;

(e) details of existing trees to be retained, with measures for their protection during the construction period; and

(f) implementation timetables for all landscaping works.

Implementation and maintenance of landscaping

5

(1) The landscaping scheme prepared under requirement 4 must be implemented as part of the authorised development in accordance with a timetable prepared in consultation with the relevant planning authority and submitted to and approved in writing by the Secretary of State.

(2) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(3) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the Secretary of State in consultation with the relevant planning authority gives written consent to any variation.

Fencing

6

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the Highways Agency’s Manual of Contract Documents for Highway Works Volume 1 – Specification for Highway Works (consolidated edition, November 2005, as amended as at May 2014), except where any departures from that manual are agreed in writing by the Secretary of State.

Contaminated land and groundwater

7

(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, the undertaker must cease construction of the authorised development in the vicinity of that contaminated land and must report it immediately in writing to the Secretary of State, the Environment Agency and relevant planning authority, and in agreement with the Environment Agency and the relevant planning authority undertake a risk assessment of the contamination.

(2) Where the undertaker determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

(3) No remedial work constituting a material operation (as defined in section 155 (when development begins) of the 2008 Act) in respect of contamination of any land, including groundwater, within the Order limits is to be carried out until the scheme for remediation has been approved under sub-paragraph (2).

(4) Remediation must be carried out in accordance with the approved scheme.

Archaeology

8

(1) No part of the authorised development is to commence until, for that part, a written scheme for the investigation of areas of archaeological interest, reflecting the mitigation measures included in chapter 7 of the environmental statement, has been prepared in consultation with the relevant planning authority, and submitted to and approved in writing by the Secretary of State.

(2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

(3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority.

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and reported to the relevant planning authority and Secretary of State within 10 working days.

(5) No construction operations are to take place within 10 metres of such remains for a period of 14 days from the date of such notification unless otherwise agreed in writing by the Secretary of State.

(6) If the Secretary of State is of the view that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made, in consultation with the relevant planning authority, for the further investigation and recording of the remains in accordance with details to be submitted in writing to, and approved in writing by, the Secretary of State.

Ecological management plan

9

(1) No part of the authorised development is to commence until a written ecological management plan applicable to that part has been prepared, submitted to and approved in writing by the Secretary of State in consultation with the relevant planning authority and with Natural England in so far as relevant to protected species or protected sites.

(2) The ecological management plan prepared under sub-paragraph (1) must reflect—

(a) the survey results and ecological mitigation measures included in chapter 9 of the environmental statement;

(b) the monitoring proposals set out in table 9.15 of the environmental statement; and

and must include a timetable for its implementation.

(3) The construction of the authorised development must be carried out in accordance with the ecological management plan.

(4) In the event that any European protected species is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement the undertaker must cease construction works within 10 metres of the location of that European protected species and report it immediately to Natural England and the relevant planning authority.

(5) The undertaker must prepare a written scheme for the protection and mitigation measures for any European protected species found when carrying out the authorised development, which was not previously identified in the environmental statement.

(6) The undertaker must implement the written scheme prepared under sub-paragraph (4) immediately and construction within 10 metres of the European protected species must not recommence until any necessary licences are obtained.

Water vole, badgers and bat roosts

10

(1) No part of the authorised development is to commence until additional surveys for that part have been undertaken to establish the position of water vole, badgers and bat roosts.

(2) Where the presence of water vole, badgers or bat roosts is found to pose a constraint to development, the undertaker must prepare a scheme of mitigation measures to be submitted to and approved in writing by the Secretary of State in consultation with the relevant planning authority and Natural England.

(3) The mitigation measures must be carried out in accordance with the approved scheme.

11

(1) No part of the authorised development may be brought into operation until a method statement for that part detailing the sensitive management of highway ditches for water voles reflecting paragraph 9.7.21 of the environmental statement has been prepared, submitted to and approved in writing by the Secretary of State in consultation with the relevant planning authority.

(2) The authorised development must be operated in accordance with the approved method statement.

Traffic management

12

(1) No part of the authorised development is to commence until a traffic management plan for the construction of that part of the authorised development has been submitted and approved in writing by the Secretary of State, following consultation with the relevant highway authority.

(2) The authorised development must be constructed in accordance with the approved traffic management plan.

Detailed design

13

New or altered sections of carriageway must be constructed using low noise surfacing as defined in annex 4 of part 7 of volume 11, section 3 of the Design Manual for Roads and Bridges (HD213/11).

14

No part of the authorised development is to be brought into use until the detailed design of any noise barriers to be erected for that part has been submitted and approved by the Secretary of State in consultation with the relevant planning authority, and those barriers have been constructed in accordance with the approved design.

15

The authorised development must be carried out in accordance with the scheme design shown on the engineering drawings and sections.

Surface and foul water drainage

16

(1) No authorised development is to commence until written details of the surface and foul water drainage system, reflecting the mitigation measures in chapters 2, 9 and 15 of the environmental statement and including means of pollution control and design details of the pumping stations to be constructed as part of the associated development to manage surface run off, have been prepared, submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

(2) The drainage system must be constructed in accordance with the approved details referred to in paragraph (1).

Approvals and amendments to approved details

17

With respect to any requirement which requires the authorised development, or any part of the authorised development, to be carried out in accordance with the details, plan or scheme approved under this Schedule, the approved details, plan or scheme are taken to include any amendments that may subsequently be approved in writing by the Secretary of State, in consultation with any other consultee specified in the requirement in question.

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

PART 1 — TRUNK ROADS

(1) Area	(2) Length of road to become a trunk road
North East Lincolnshire and North Lincolnshire	A160 between point 1/9 and 2/33 on the Streets, Rights of Way and Access Plans Sheets 1 and 2.
North East Lincolnshire and North Lincolnshire	A180 – A160 Eastbound off-slip between point 1/1 and 1/2 on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire and North Lincolnshire	A160 – A180 Westbound on-slip between point 1/4 and 1/3 on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A160 – A180 Eastbound on-slip between point 1/5 and 1/6 on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A180 – A160 Westbound off-slip between point 1/8 and 1/7 on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A160 circulatory carriageway at Brocklesby Interchange indicated by point 1/10 on the Streets, Rights of Way and Access Plans Sheet 1.

PART 2 — OTHER ROAD CLASSIFICATIONS

(1) Area	(2) Length of road	(3) Old Classification	(4) New Classification
North Lincolnshire	From point 2/21 to point 2/22 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	A1077
North Lincolnshire	From point 2/23 to point 2/24 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	C131
North Lincolnshire	From point 2/25 to point 2/26 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	Unclassified
North Lincolnshire	From point 2/27 to point 2/28 on the Streets, Rights of Way and Access Plans Sheet 2.	C131	Unclassified
North Lincolnshire	From point 2/29 to point 2/30 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	C131
North Lincolnshire	From point 2/32 to point 2/31 on the Streets, Rights of Way and Access Plans Sheet 2.	Not applicable	Unclassified
North Lincolnshire	From point 3/3 to point 3/4 on the Streets, Rights of Way and Access Plans Sheet 3.	Not applicable	Unclassified
North Lincolnshire	From point 4/2 to point 4/3 on the Streets, Rights of Way and Access Plans Sheet 4.	Not applicable	A160
North Lincolnshire	From point 4/4 to point 4/5 on the Streets, Rights of Way and Access Plans Sheet 4.	C133	A160
North Lincolnshire	From point 4/9 to point 4/10 on the Streets, Rights of Way and Access Plans Sheet 4.	Not applicable	Unclassified

PART 3 — ROADS TO BE DE-TRUNKED

(1) Area	(2) Length of road to be de-trunked	(3) Old classification	(4) New classification
North Lincolnshire	From point 2/C to point 2/D on the Streets, Rights of Way and Access Plans Sheet 2.	A160	A1077

PART 4 — ROADS SUBJECT TO 30 MILES PER HOUR LIMIT

(1) Area	(2) Length of road
North Lincolnshire	Greengate Lane from point 2/4 to point 2/5 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	Town Street Link from point 3/2 to point 3/3 on the Traffic Regulation Plans Sheet 3.

PART 5 — ROADS SUBJECT TO 40 MILES PER HOUR LIMIT

(1) Area	(2) Length of road
North Lincolnshire	C131 from point 2/1 to point 2/2 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	Greengate Lane from point 2/3 to point 2/4 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	Habrough Link Road from point 2/9 to point 2/10 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	C131 from point 2/11 to point 2/12 on the Traffic Regulation Plans Sheet 2.
North Lincolnshire	A160 from point 4/2 to points 4/9 and 4/10 on the Traffic Regulation Plans Sheet 4.
North Lincolnshire	A160 from point 4/6 to point 4/8 on the Traffic Regulation Plans Sheet 4.

PART 6 — ROADS SUBJECT TO 50 MILES PER HOUR LIMIT

(1) Area	(2) Length of road
North Lincolnshire	A160 from point 2/6 to point 2/7 on the Traffic Regulation Plans Sheet 2.

PART 7 — ROADS SUBJECT TO WEIGHT RESTRICTIONS

(1) Area	(2) Length of road subject to weight restriction	(3) Weight restriction
North Lincolnshire	C131 from point 2/1 to point 2/2 on the Traffic Regulation Plans Sheet 2.	7.5 tonne limit
North Lincolnshire	Greengate Lane from point 2/3 to point 2/5 on the Traffic Regulation Plans Sheet 2.	7.5 tonne limit
North Lincolnshire	Town Street Link from point 3/2 to point 3/3 on the Traffic Regulation Plans Sheet 3.	7.5 tonne limit

PART 8 — ROADS SUBJECT TO CENTRAL RESERVE ALTERATIONS

(1) Area	(2) Length of road subject to central reserve alterations	(3) Traffic movement restriction
North Lincolnshire	A160 from point 3/1 to point 3/4 on the Traffic Regulation Plans Sheet 3.	No right turn.
North Lincolnshire	A160 from point 3/5 on the Traffic Regulation Plans Sheet 3 to point 4/1 on the Traffic Regulation Plans Sheet 4.	No right turn from the Humber Oil Refinery (north of the A160) to the A160 westbound direction. No right turn from the Humber Oil Refinery (south of the A160) to the A160 eastbound direction. No right turn from A160 eastbound direction to the Humber Oil Refinery (south of the A160). No movement between the Humber Oil Refinery (north of the A160) and the Humber Oil Refinery (south of the A160) across the central reservation of the A160 in either direction. No U turn from the A160 eastbound direction. No U turn from the A160 westbound direction.

PART 9 — ROADS SUBJECT TO ONE WAY RESTRICTIONS

(1) Area	(2) Length of road subject to one way restriction
North Lincolnshire	A160 from point 4/2 to point 4/4 on the Traffic Regulation Plans Sheet 4.
North Lincolnshire	A160 from point 4/5 to point 4/8 on the Traffic Regulation Plans Sheet 4.

PART 10 — ROADS RESTRICTED TO ESCORTED VEHICLES

(1) Area	(2) Length of road restricted to escorted vehicles
North Lincolnshire	From point 4/7 to point 4/3 on the Traffic Regulation Plans Sheet 4.

PART 11 — CYCLE TRACKS AND FOOTWAYS

(1) Area	(2) Length of cycle track/footway
North Lincolnshire	From point 2/34 to point 2/35 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/36 to point 2/37 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/38 to point 2/39 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/40 to point 2/41 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/42 to point 2/43 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/44 to point 2/45 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 2/46 to point 2/47 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	From point 3/12 on the Streets, Rights of Way and Access Plans Sheet 3 to point 4/12 on the Streets, Rights of Way and Access Plans Sheet 4.

PART 12 — PRIVATE MEANS OF ACCESS

(1) Area	(2) Extent of access
North East Lincolnshire	Private Means of Access point 1/11 on the Streets, Rights of Way and Access Plans Sheet 1.
North Lincolnshire	Private Means of Access point 1/15 on the Streets, Rights of Way and Access Plans Sheet 1.
North Lincolnshire	Private Means of Access point 2/4 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/6 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/7 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/8 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/9 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/12 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/13 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/14 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/15 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/16 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/18 on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 3/1 on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 3/10 on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 3/11 on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 4/8 to point 4/9 on the Streets, Rights of Way and Access Plans Sheet 4.
North Lincolnshire	Private Means of Access point 4/10 on the Streets, Rights of Way and Access Plans Sheet 4.
North Lincolnshire	Private Means of Access point 4/11 on the Streets, Rights of Way and Access Plans Sheet 4.

PART 13 — PUBLIC RIGHTS OF WAY

(1) Area	(2) Length of public right of way
North Lincolnshire	Footpath from point 3/7 to point 3/8 on the Streets, Rights of Way and Access Plans Sheet 3.

PART 14 — PERMISSIVE RIGHT OF WAY

(1) Area	(2) Length of permissive right of way
North East Lincolnshire	Permissive right of way from point 1/13 to point 1/14 on the Streets, Rights of Way and Access Plans Sheet 1.

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS

PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
North Lincolnshire	A1077, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/A to point 2/B, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	A160, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/F to point 2/G, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	C131, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/J to point 2/K, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Public Right of Way FP85, on the Streets, Rights of Way and Access Plans Sheet 3.	From point 3/B to point 3/G, on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Public Right of Way FP87, on the Streets, Rights of Way and Access Plans Sheet 3.	From point 3/A to point 3/G, on the Streets, Rights of Way and Access Plans Sheet 3.

SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Plot reference number shown on Land Plans	(2) Purpose for which rights over land may be acquired
Land Plans – Sheet 1	Land Plans – Sheet 1
1/1a, 1/1u, 1/1x	To construct, operate, access and maintain existing telecommunications mast.
1/1d, 1/1f, 1/1k, 1/1p, 1/1am, 1/3c, 1/3f, 1/4b	To construct, access and maintain boundary fencing.
1/1t, 1/1y, 1/1ah, 1/1ak	To construct, operate, access and maintain the diverted electric cables.
1/1w	To construct, operate, access and maintain the diverted electric cables. To construct, operate, access and maintain existing telecommunications mast. To construct, access and maintain boundary fencing.
1/1af	To access and maintain the field ditch south and east of the A160. To construct, access and maintain boundary fencing.
1/1ag	To construct, operate, access and maintain the diverted electric cables. To construct, access and maintain boundary fencing.
Land Plans – Sheet 2	Land Plans – Sheet 2
2/2b, 2/2f	To construct, operate, access and maintain the diverted water pipeline. To construct, operate, access and maintain the diverted electric cable.
2/2c	To construct, operate, access and maintain the diverted water pipeline. To construct, operate, access and maintain the diverted electric cable. To construct, access and maintain boundary fencing.
2/2e	To construct, operate, access and maintain the diverted water pipeline. To construct, operate, access and maintain the diverted electric cable. To access and maintain the field ditch east of the A160. To construct, access and maintain boundary fencing.
2/5a, 2/6a	To construct, operate, access and maintain the two diverted water pipelines.
2/5c	To construct, operate, access, maintain, use and protect the two diverted high and one intermediate pressure gas pipelines. To construct, operate, access, maintain, use and protect the diverted high pressure gas pipeline. To access and maintain the field ditch south of the A160. To construct, access and maintain boundary fencing.
2/5d	To construct, operate, access, maintain, use and protect the two diverted high and one intermediate pressure gas pipelines. To construct, operate, access, maintain, use and protect the diverted high pressure gas pipeline.
2/5i, 2/5m, 2/7b	To access and maintain the field ditch south of the A160.
2/6c	To construct, operate, access, maintain, use and protect the diverted high pressure gas pipeline. To construct, operate, access, maintain, use and protect the two diverted high and one intermediate pressure gas pipelines.
2/7d	To construct, operate, access and maintain the diverted electric cable.
2/7f	To access and maintain the field ditch south of the A160. To construct, access and maintain boundary fencing. To construct, operate, access and maintain the diverted high pressure gas pipeline.
2/7g	To construct, operate, access and maintain the diverted high pressure gas pipeline.
2/7h	To construct, access and maintain boundary fencing.
2/8a	To construct, operate, access and maintain the diverted high pressure gas pipeline.
Land Plans – Sheet 3	Land Plans – Sheet 3
3/5b, 3/5d	To construct, access and maintain the adjacent highway and drainage culvert. To lay out new Public Right of Way diversion of the existing Footpath 91.
Land Plans – Sheet 4	Land Plans – Sheet 4
4/1d	To construct, operate, access and maintain the diverted oxygen pipeline. To access existing telecommunications mast.
4/1g, 4/1j	To construct, operate, access and maintain the diverted oxygen pipeline.
4/5b	To construct, operate, access and maintain the new section of road under the new rail bridge.

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00041] has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a) for “land is acquired or taken from” substitute “a right over land is purchased from or imposed on”; and

(b) for “acquired or taken from him” substitute “over which the right is exercisable”.

(3) In section 58(1)[^f00042] (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5, substitute—

(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether— (a) a right over land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or (b) a right over land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house, the Upper Tribunal must take into account not only the effect of the acquisition of the right but also the use to be made of the right proposed to be acquired, and, in a case where the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.

Application of the 1965 Act

3

(1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired; or

(b) the land over which the right is or is to be exercisable.

(2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right with the modifications specified in the following provisions of this Schedule.

4

For section 7 of the 1965 Act (measure of compensation) substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

5

For section 8 of the 1965 Act (provisions as to divided land) substitute—

(8) the A160/A180 (Port of Immingham Improvement) Development Consent Order 2015[^f00043] (“the Order”), in relation to that person, ceases to authorise the purchase of the right and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)— (a) a question of disputed compensation in respect of the purchase of the right would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and (b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and— (i) where that land consists of a house, building or manufactory, that the right cannot be purchased without material detriment to that land; or (ii) where that land consists of such a park or garden, that the right cannot be purchased without seriously affecting the amenity or convenience of the house to which that land belongs, (2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal. (3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.

6

The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority.

7

Section 11[^f00044] (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12[^f00045] (penalty for unauthorised entry) and 13[^f00046] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20[^f00047] (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question.

9

Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

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(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
North Lincolnshire	Private Means of Access point 1/A, on the Streets, Rights of Way and Access Plans Sheet 1.	The whole access.	Private Means of Access point 1/12, on the Streets, Rights of Way and Access Plans Sheet 1.
North Lincolnshire	Private Means of Access point 1/B, on the Streets, Rights of Way and Access Plans Sheet 1.	The whole access.	Private Means of Access point 2/2 to point 2/1, on the Streets, Rights of Way and Access Plans Sheet 2.
North East Lincolnshire	A180 westbound on-slip.	From point 1/D to point 1/C, on the Streets, Rights of Way and Access Plans Sheet 1.	From point 1/4 to point 1/3, on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A180 westbound off-slip.	From point 1/F to point 1/E, on the Streets, Rights of Way and Access Plans Sheet 1.	From point 1/8 to point 1/7, on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	A180 eastbound on-slip.	From point 1/G to point 1/H, on the Streets, Rights of Way and Access Plans Sheet 1.	From point 1/5 to point 1/6, on the Streets, Rights of Way and Access Plans Sheet 1.
North East Lincolnshire	Permissive right of way, North of A180.	From point 1/I to point 1/J, on the Streets, Rights of Way and Access Plans Sheet 1.	From point 1/13 to point 1/14, on the Streets, Rights of Way and Access Plans Sheet 1.
North Lincolnshire	A160	From point 2/E to point 2/F, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/21 to point 2/22, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	C131	From point 2/I to point 2/H, on the Streets, Rights of Way and Access Plans Sheet 2.	From point 2/32 to point 2/29, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/L, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/2 to point 2/3, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/M, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/2 to point 2/4, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/N, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/10 to point 2/11, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/O, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/10 to point 2/11, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/P, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/2 to point 2/4, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/Q, on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access from point 2/2 to point 2/5, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Private Means of Access point 2/R on the Streets, Rights of Way and Access Plans Sheet 2.	The whole access.	Private Means of Access point 2/17, on the Streets, Rights of Way and Access Plans Sheet 2.
North Lincolnshire	Public Right of Way FP91.	From point 3/C to point 3/D, on the Streets, Rights of Way and Access Plans Sheet 3.	Private Right of Way from point 3/7 to point 3/8, on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 3/E, on the Streets, Rights of Way and Access Plans Sheet 3.	The whole access.	Private Means of Access point 3/2, on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 3/F, on the Streets, Rights of Way and Access Plans Sheet 3.	The whole access.	Private Means of Access point 3/9, on the Streets, Rights of Way and Access Plans Sheet 3.
North Lincolnshire	Private Means of Access point 4/A, on the Streets, Rights of Way and Access Plans Sheet 4.	The whole access.	Private Means of Access point 4/1, on the Streets, Rights of Way and Access Plans Sheet 4.