The East Midlands Gateway Rail Freight Interchange and Highway Order 2016

Type Statutory-Instrument
Publication 2016-01-12
Last updated 2017-12-28
State In force
Department King's Printer of Acts of Parliament
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Within the area of land described on the works plan as Works No. 12—

The provision of flood alleviation and brook diversion works, the general arrangement of which is shown on regulation 6(2) plan (Document 2.4A and 2.4D), including—

  • (a) earthworks to provide compensation flood plain;
  • (b) watercourse diversion works, to take the form of earth open channels;
  • (c) erosion control features at inlets and outlets;
  • (d) works to facilitate extension of a railway overbridge over Main Street, Lockington (Works No. 1); and
  • (e) upgrading existing watercourses.

Works No. 13

Within the area of land described on the works plan as Works No. 13—

  • (1) Works to the M1 southbound carriageway, the general arrangement of which is shown on the regulation 6(2) plan (Document 2.4A and 2.4B), including—
  • (a) widening of the M1 southbound carriageway to four lanes between the new merge slip road (Works No. 6(1)) and the existing merge slip road at Junction 24;
  • (b) construction of a new southbound diverge to Junction 24 and removal of the existing southbound diverge to Junction 24;
  • (c) alteration to the layout of the southbound merge at Junction 24;
  • (d) removal of existing gantries; and
  • (e) erection of new gantries.
  • (2) Alterations to the M1 southbound to A50 westbound link road at M1 Junction 24A, the general arrangement of which is shown on regulation 6(2) plan (Document 2.4A).
  • (3) Alterations to the M1 northbound diverge slip road at Junction 24, the general arrangement of which is shown on regulation 6(2) plan (Document 2.4A).

Further works

The following further works—

  • (1) Within the area of land described on the works plans as Works Nos. 1 to 5 the provision of—
  • (a) weighbridges;
  • (b) internal estate roads, maintenance accesses and footways;
  • (c) cycle parking facilities; and
  • (d) such other minor works as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development.
  • (2) Within the area of land described on the works plans as Works Nos. 1 to 6 and 9 the provision of—
  • (a) bunds, embankments, swales, landscaping and boundary treatments, earthworks and earthwork retaining structures;
  • (b) the provision of footways, cycle tracks, permissive cycle tracks, bridleways and footpath linkages;
  • (c) water supply works, foul drainage provision, foul pumping stations, surface water management systems, balancing ponds (surface and underground), attenuation and culverting;
  • (d) connections to mains services and provision of utilities infrastructure including primary and secondary substations and pressure reducing stations;
  • (e) diversion of pipelines and services;
  • (f) demolition of surface structures;
  • (g) fencing and boundary treatments;
  • (h) temporary concrete batching plants;
  • (i) temporary construction compounds and materials and aggregate store;
  • (j) lighting;
  • (k) CCTV; and
  • (l) such other minor works as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development.
  • (3) Within the area of land described on the works plans as Works Nos. 7, 8 and 10 to 13 the provision of—
  • (a) site clearance and excavation;
  • (b) fencing for boundary treatment and noise attenuation;
  • (c) safety barriers;
  • (d) surface water drainage works including swales, attenuation and culverting;
  • (e) ducting;
  • (f) bunds, embankments, cuttings, landscaping and boundary treatments, earthworks and earthwork retaining structures;
  • (g) pavements, surface treatments, kerbs and channels;
  • (h) the provision of footways, cycle tracks, bridleways and footpath linkages;
  • (i) traffic signs, traffic signals and road markings;
  • (j) street lighting and electrical equipment;
  • (k) motorway communications and control equipment;
  • (l) retaining walls;
  • (m) diversion of sewers, pipelines, utilities and services;
  • (n) provision of utilities and services for NSIP 1;
  • (o) temporary concrete batching plants;
  • (p) temporary construction compounds and materials and aggregate store;
  • (q) temporary earthworks material stockpiles; and
  • (r) such other minor works as may be necessary or expedient for the purpose of or in connection with the construction of the authorised development,

all as approved under the provisions of Schedules 19 and 20 (protection of interests).

SCHEDULE 2 — REQUIREMENTS

Time limit

1

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

Phases of development

2
  • (1) No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) is to commence until a written scheme setting out all the phases of the authorised development which must be in accordance with the approach to phasing set out in the construction management framework plan (Document 6.10) and the schedule of archaeological works (Document 6.24), has been submitted to and approved in writing by the local planning authority. The written scheme must include phasing details of—
  • (a) earthworks;
  • (b) ecological mitigation;
  • (c) rail infrastructure;
  • (d) roads within the main site;
  • (e) surface water and foul drainage;
  • (f) development plots;
  • (g) landscaping; and
  • (h) mains services.
  • (2) The authorised development must be carried out in accordance with the phasing as approved in writing by the local planning authority.
  • (3) The rail terminal constructed as part of Works No. 2 must be constructed and available for use prior to the occupation of more than 260,000square metres of the rail served warehousing.

Sustainable transport

3

The provisions of the site wide travel plan (Document 6.25) or any variation of such plan agreed by the sustainable transport working group must be complied with at all times following the commencement of the authorised development.

Design and phasing of highways works

4

The highway works must be carried out in accordance with details first submitted to and approved by the relevant body in accordance with the provisions of Schedules 19 and 20 (protection of interests).

5

The undertaker must use reasonable endeavours to complete the highway works identified in column (1) of the table below by no later than the stage of development set out in column (3) of the table below or such alternative later triggers as are agreed by the relevant body identified in column (4) and the local planning authority.

Detailed design approval

6
  • (1) The details of each phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) must be in accordance with the design and access statement (Document 6.9). The design and access statement can be reviewed and updated by the undertaker in agreement with the local planning authority.
  • (2) The details of each phase must include details of the following where they are located within that phase—
  • (a) rail infrastructure;
  • (b) embankments and bunds;
  • (c) vehicular circulation routes;
  • (d) hard landscaping, cycle tracks, footpaths and bridleways;
  • (e) surface and foul drainage;
  • (f) bicycle, motorcycle and vehicle parking;
  • (g) built development design (including external materials and sustainable energy measures) and layout;
  • (h) site levels and finished floor levels;
  • (i) roads within the main site;
  • (j) intermodal area;
  • (k) fuelling and maintenance areas;
  • (l) freight storage area (including containers);
  • (m) weighbridges;
  • (n) gatehouses;
  • (o) fencing walls and other means of enclosure (including acoustic fencing);
  • (p) substations;
  • (q) public transport infrastructure; and
  • (r) footpath specification.
7

No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) is to commence until the details of that phase required under requirement 6(2) have been submitted to and approved in writing by the local planning authority (following consultation with the airport authority as the statutory aerodrome safeguarding authority when relevant). The authorised development must be carried out in accordance with the details as approved in writing by the local planning authority.

Provision of landscaping and ecological mitigation

8

No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) is to commence until a written landscaping scheme for that phase (including the strategic landscaping included within that phase) has been submitted to and approved in writing by the local planning authority. The landscaping scheme must be in accordance with the Landscape Framework Plan contained in Chapter 5, Figure 5.12 and the Landscape Strategy contained in Chapter 5 of the environmental statement and must include details of all proposed soft landscaping works, including—

  • (a) location, number, species, size, layout, method of large trees support, plant protection measures and planting density of any proposed planting;
  • (b) cultivation, importation of materials and other operations to ensure plant establishment;
  • (c) details of existing trees to be retained, with measures for their protection during the construction period in accordance with British Standard 5837:2012 “Trees in relation to Design, Demolition and Construction Recommendations”, and to include a schedule of remedial tree works to be carried out in accordance with British Standard 3998:2010 “Tree Works Recommendations” prior to construction commencing;
  • (d) details of ecological mitigation;
  • (e) implementation timetables; and
  • (f) a landscape management plan setting out for a period of 20 years the arrangements for future maintenance including methods of funding and future monitoring, review and the maintenance of new trees, shrubs, hedgerows, woodlands and grassed areas and retained trees, shrubs, hedgerows, woodlands and grassed areas.

Implementation and maintenance of landscaping

9
  • (1) All landscaping works (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) must be carried out and maintained in accordance with the landscaping scheme approved under requirement 8 (provision of landscaping and ecological mitigation) to a reasonable standard in accordance with the relevant recommendations of British Standard 4428:1989 “Code of Practice for general landscape operations (excluding hard surfaces)” and British Standard 8545:2014 “Trees: from nursery to independence in the landscape – Recommendations”.
  • (2) Any tree or shrub planted as part of an approved landscape scheme that, within a period of 10 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 local planning authority gives consent to any variation.

Ecological Management Plan

10
  • (1) No phase of the authorised development is to commence until a written ecological management plan for that phase reflecting the survey results and any ecological mitigation and enhancement measures included in the environmental statement has been submitted to and approved in writing by the local planning authority. The management plan may be subject to alteration by prior approval in writing by the local planning authority.
  • (2) Details of the mitigation and compensation measures must be in accordance with the following principles—
  • (a) provide continuity of habitat creation throughout the phases of development, habitat types that are lost as a result of a phase of the authorised development must be created as part of the landscape provisions associated with that phase;
  • (b) ensure that the areas set aside for species-rich grassland creation are in the best location having regard to soil types, aspect, drainage, public use and agricultural use to gain the best chance of successful outcomes;
  • (c) create at least double the area of each replaceable habitat lost (woodlands, hedges, pond or wetland and semi-improved species-rich grassland); and
  • (d) create alternative habitats to an agreed form to compensate for the loss of irreplaceable habitats such as veteran trees.
  • (3) The ecological management plan approved under (1) must include an implementation timetable and must be carried out as approved in writing by the local planning authority.

Construction Environmental Management Plan

11
  • (1) No phase of the authorised development is to commence, including any preparatory earthworks or site levelling but excluding archaeological soil movement and ecological mitigation works, until a Construction Environmental Management Plan (“CEMP”) for that phase of development, drafted in accordance with the principles set out in the construction management framework plan (Document 6.10), has been submitted to and approved in writing by the local planning authority or in the case of the highway works by the relevant highway authority and also having regard to any relevant provisions in Schedules 19 and 20 (protection of interests). The CEMP for each phase must include—
  • (a) details of the methods to control noise arising from construction activities including—
  • (i) proposals for monitoring of construction noise;
  • (ii) proposals for the introduction of mitigation measures or alternative working practices where the measurements exceed acceptable limits; and
  • (iii) proposals for hours of construction and deliveries to and from the site.
  • (b) details of a dust management plan setting out the methods to be used to control dust and other emissions including smoke from the site;
  • (c) details of all temporary fencing, temporary buildings, compound areas and parking areas including arrangements for their removal following completion of construction;
  • (d) details of areas to be used for the storage of plant and construction materials;
  • (e) details of construction waste management including controlled wastes in accordance with the Site Waste Management Framework Plan (Document 6.11);
  • (f) details of the facilities to be provided for the storage of fuel, oil and other chemicals, including measures to prevent pollution;
  • (g) when a phase of the authorised development directly affects a watercourse or flood plain a construction working method statement for such element to cover all works in, over under or within 8 metres of the top of the bank of either watercourse or their floodplains;
  • (h) details of lighting arrangements for construction purposes;
  • (i) measures to ensure that construction vehicles do not deposit mud and any other deleterious material on the public highway;
  • (j) a scheme for the routing of construction heavy goods vehicles accessing the site;
  • (k) details of temporary mitigation measures to protect biodiversity interests within the site during the construction phases;
  • (l) advisory signage at public access points advising of possible hazards including the potential for sudden noise;
  • (m) details of any temporary surface water management system;
  • (n) details of temporary stopping up of public rights of way and streets;
  • (o) a traffic management plan; and
  • (p) details of existing and proposed landscaping which need to be protected during construction.
  • (2) The CEMP for each phase of development is to be reviewed and updated if necessary to address unacceptable impacts arising from construction works. Each CEMP must be submitted by the undertaker for approval in writing by the local planning authority or in the case of the highway works the relevant highway authority. All construction works must be carried out in accordance with the CEMP as approved.

Earthworks

12

No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedule 19 (for the protection of Highways England) and 20 (for protection of Leicestershire County Council as highway authority)) is to commence until details of—

  • (a) the earthworks strategy relating to that phase of development including the management and protection of soils;
  • (b) an Earthworks Specification for each phase of the development;
  • (c) cutting slopes and embankment design that would accord with the approved Earthworks Specification;
  • (d) the extent of any material to be temporarily stored within the site; and
  • (e) any surplus material to be removed from the site for disposal or material to be imported to the site,

have been approved in advance and in writing by the local planning authority. All earthworks must be carried out in accordance with the details as approved.

Archaeology

13
  • (1) No phase of the authorised development is to commence until the undertaker has commissioned a programme of further exploratory investigation in respect of that phase in accordance with section 2 of the schedule of archaeological works (Document 6.24) which has been submitted to and approved in writing by the local planning authority, or in the case of the highway works, the relevant highway authority. The exploratory investigation must be carried out in accordance with the approved programme and must be timed so that the results can inform the scope of the further archaeological mitigation measures, referred to in sub-paragraph (2).
  • (2) No phase of the authorised development is to commence until a programme of archaeological mitigation measures informed by the exploratory investigation referred to in sub-paragraph (1) has been implemented in accordance with a written scheme of mitigation measures in accordance with section 3 of the schedule of archaeological works (Document 6.24) which has been approved in writing by the local planning authority, or in the case of the highway works, the relevant highway authority. The written scheme of mitigation measures must include and make provision for the following elements—
  • (a) mitigation fieldwork;
  • (b) post-mitigation fieldwork and analysis;
  • (c) reporting and dissemination of findings; and
  • (d) preparation of site archive, arrangements for deposition and sustainable management at a store approved in writing by the relevant planning authority.
  • (3) The approved mitigation measures must be carried out in accordance with the relevant written scheme of mitigation measures for that phase of the authorised development.

Lighting details

14
  • (1) Prior to the commencement of each phase of the authorised development, details of the proposed permanent external lighting in that phase must be submitted to and approved in writing by the local planning authority or in the case of the highway works the relevant highway authority. The lighting details must accord with the principles established in the lighting proposal set out in Chapter 12 of the environmental statement.
  • (2) The approved lighting scheme must be implemented and maintained as approved in writing by the local planning authority or in the case of the highway works the relevant highway authority during operation of the authorised development and no external lighting other than that approved under this requirement may be installed.
  • (3) The details submitted under this requirement must include details of any lighting on any gantry cranes included in the phase concerned.

Building sustainability

15
  • (1) No development of a warehouse may take place until a BREEAM Pre-Assessment Report based upon the BREEAM 2011 method (or equivalent) has been submitted to and approved in writing by the local planning authority demonstrating that the unit is expected to achieve at least a BREEAM 2011 “Very Good” rating (BREEAM Industrial 2008 “Excellent”).
  • (2) The development of each of the warehouses must be carried out in accordance with the details in the BREEAM Pre-Assessment Report (or equivalent) for that unit and a certificate must be provided within three months of completion or occupation (whichever is the sooner) of each warehouse confirming that the measures in respect of that warehouse committed to within the Pre-Assessment Report have been implemented.

Flood risk and surface water drainage

16

The authorised development must be carried out in accordance with the mitigation measures detailed within sections 3.0 and 4.0 of the Flood Risk Assessment and section 5.0 of the Water Framework Direction Assessment submitted with the application as part of the environmental statement (Document 5.2) or be carried out in accordance with any variation to these measures agreed in writing with the Environment Agency, the lead local flood authority or the approving body under Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010[^f00040], whichever of these is the body having jurisdiction over the watercourse in question.

17
  • (1) No phase of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)) may commence until a surface water drainage scheme for that phase based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development in accordance with the Surface Water Drainage Strategy in Chapter 8 of the environmental statement (Document 5.2) has been submitted to and approved in writing by the local planning authority or such other approval process that is put in place under the Flood and Water Management Act 2010. The scheme must include—
  • (a) limiting the surface water run-off generated by all rainfall events up to the 1:100 year plus 20% (for climate change) critical rain storm so that it will not exceed the peak run-off rate from the undeveloped site and not increase the risk of flooding off-site;
  • (b) provision of surface water run-off attenuation storage to accommodate the difference between the allowable discharge rate and all rainfall events up to the 1:100 year plus 20% (for climate change) critical rain storm;
  • (c) detailed design (plans, cross sections and calculations) in support of any surface water drainage scheme, including details of any attenuation system, and the outfall arrangements; and
  • (d) details of how the scheme must be monitored, maintained and managed after completion.
  • (2) The surface water drainage scheme must be implemented in accordance with the details approved by the local planning authority or in accordance with any variations to the details agreed in writing by the local planning authority prior to the completion of the authorised development.
18

Any element of the authorised development which directly affects any floodplain must not be commenced until such time as the floodplain compensation scheme has been submitted to and approved in writing by the local planning authority. The scheme must accord with the principles established in the flood compensation measures set out in Chapter 8 of the environmental statement (Document 5.2). Except for the floodplain compensation scheme itself, no above ground part of the authorised development in any floodplain may be commenced until the relevant compensation scheme has been implemented in full. The scheme must be fully implemented and subsequently maintained in accordance with the timing and phasing arrangements embodied within the scheme or within any other period as may subsequently be agreed in writing by the local planning authority.

Foul water drainage

19

Prior to the commencement of the authorised development (with the exception of the highway works which are governed by requirements 4 and 5 and Schedules 19 and 20 (protection of interests)), excluding earthworks, archaeology works or ecological mitigation works, a foul water drainage strategy must be submitted to and approved in writing by the local planning authority. Except where it is constructed in accordance with the approved foul water drainage strategy, no phase of the authorised development is to commence until written details of the foul water drainage system for that phase have been submitted to and approved in writing by the local planning authority. Such details must be implemented as approved by the local planning authority.

Construction hours

20
  • (1) Subject to sub-paragraph (2) construction and demolition works (which for the purposes of this requirement excludes archaeological investigations, landscaping works and any non-intrusive internal fit-out works but must include start up and shut down and deliveries) must not take place other than between 07:30 and 19:00 hours on weekdays and 08:00 and 13:00 hours on Saturdays, excluding public holidays, unless otherwise agreed in writing by the local planning authority. Outside the above periods the following working is permitted:
  • (a) pre-planned construction works to highway or rail infrastructure requiring possessions where first notified to the local planning authority and local residents;
  • (b) emergency works; and
  • (c) works which do not cause noise that is audible at the boundary of the Order Limits.
  • (2) Regardless of sub-paragraph (1) no piling operations are to take place after 18:00 hours unless otherwise agreed in writing by the local planning authority.
  • (3) Any emergency works carried out under sub-paragraph (1)(b) must be notified to the local planning authority within 72 hours of their commencement.

Construction noise

21
  • (1) For normal daytime construction and demolition works carried out on weekdays between 07:30 and 19:00 and on Saturdays between 08:00 and 13:00, the noise level measured at a noise sensitive receptor (as defined in Table 9.24 and Figure B1 of Chapter 9 of the environmental statement (Document 5.2)) must not exceed Leq, 12hour 65 dB(A) wherever practicable. Where this is not practicable prior approval under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974[^f00041] must be obtained.
  • (2) An assessment of construction and demolition noise must be undertaken in accordance with British Standard 5228:2009 – “Code of Practice for Noise and vibration control on construction and open sites” (Part 1 – Noise) at a noise sensitive receptor. Noise levels must be measured weekly during the stages of construction including ground works, piling and road and rail construction stages unless complaints are received in which case the procedures in requirement 23 (monitoring of complaints) must be followed.
  • (3) Subject to health and safety requirements, broadband reversing alarms must be employed on mobile plant.

Noise during the operational phase

22
  • (1) No part of the authorised development may be brought into use until a written scheme has been submitted to and approved in writing by the local planning authority, for the monitoring of noise generated during the operational phases of the development to establish baseline noise conditions and maximum noise levels to be observed. The scheme must specify the locations from where noise must be monitored, the method of noise measurement (which must be in accordance with British Standard 4142:2014 “Methods for rating and assessing industrial and commercial sound” for fixed plant noise and Calculation of Railway Noise 1995, equivalent successor standards or other agreed measurement methodologies appropriate to the circumstances). The written scheme must also specify the periods within which monitoring of operational noise must take place. The written scheme must be implemented and the maximum noise levels identified afterwards be complied with. This monitoring must be subject to annual reviews to establish the frequency of noise monitoring and the need for continued monitoring.
  • (2) Prior to installation, details of all mechanical and ventilation plant must be submitted to and approved by the local planning authority. Any fixed plant or ventilation equipment must be installed and operated in accordance with manufacturers’ instructions at all times.
  • (3) Subject to health and safety requirements, broadband reversing alarms must be employed on mobile plant.

Monitoring of complaints

23

In the event that justified complaints for noise nuisance are received by the local planning authority, the undertaker must, unless otherwise agreed in writing with the local planning authority, at its own expense, employ a consultant approved by the local planning authority to carry out an assessment of noise from the authorised development, whether relating to noise from construction or operation of the site. The assessment must be carried out to an appropriate methodology agreed with the local planning authority and the results of the assessment must be submitted to the local planning authority within 28 days of the assessment along with suggested remedial measures if considered necessary. The assessment must include a comparison of measured data with the maximum noise levels specified in the scheme approved under requirement 22 (noise during the operational phase) and also include all data which was collected for the purposes of the assessment and certificates of the measuring instrument’s calibration. Any remedial measures considered necessary to comply with the maximum noise levels must be implemented in accordance with a programme agreed in writing by the local planning authority.

Contamination risk

24
  • (1) No phase of the authorised development is to commence until a localised contamination report for that phase has been submitted to and approved in writing by the local planning authority.
  • (2) No development is to commence on any specifically identified localised areas of the site potentially affected by contamination (as detailed in the Preliminary Sources Study Reports (“PSSR”) documents contained within the environmental statement (Document 5.2)) until further investigations and a Risk Based Land Contamination Assessment has been undertaken in line with the recommendations made within the PSSR for that localised area of the site and this has been submitted to and approved in writing by the local planning authority. The Risk Based Land Contamination Assessment must be carried out in accordance with—
  • (a) British Standard 10175:2011+A1:2013 “Investigation Of Potentially Contaminated Sites Code of Practice”;
  • (b) British Standard 8576:2013 “Guidance on Investigations for Ground Gas – Permanent Gases and Volatile Organic Compounds (VOCs)”;
  • (c) British Standard 8485:2007 “Code of Practice for the Characterisation and Remediation from Ground Gas in Affected Developments”; and
  • (d) CLR 11 “Model Procedures for the Management of Land Contamination”, published by The Environment Agency 2004 (“CLR 11”).
  • (3) Should any unacceptable risks be identified in the Risk Based Land Contamination Assessment, a Remedial Scheme and a Verification Plan must be prepared and submitted to and agreed in writing by the local planning authority. The Remedial Scheme must be prepared in accordance with the requirements of CLR 11. The Verification Plan must be prepared in accordance with the requirements of—
  • (a) Evidence Report on the Verification of Remediation of Land Contamination Report SC030114/R1, published by the Environment Agency 2010; and
  • (b) CLR 11.
  • (4) If, during the course of development, previously unidentified contamination is discovered, development must cease on that localised area of the site and the contamination must be reported in writing to the local planning authority within 10 working days. Prior to the recommencement of development on that localised area of the site, suitable investigation and Risk Based Land Contamination Assessment for the discovered contamination (to include any required amendments to the Remedial Scheme and Verification Plan) must be submitted to and approved in writing by the local planning authority. The development must then be implemented in accordance with the details approved by the local planning authority and, unless otherwise agreed in writing by the local planning authority, retained as such in perpetuity.
25
  • (1) Prior to the commencement of use of any part of the completed development either—
  • (a) if no remediation scheme or verification was required under requirement 24 (contamination risk) a statement from the undertaker, or their approved agent, must be provided to the local planning authority, stating that no previously unidentified contamination was discovered during the course of development; or
  • (b) if a remediation scheme and verification plan were agreed under requirement 24, a Verification Investigation must be undertaken in line with the agreed Verification Plan for any works outlined in the Remedial Scheme and a report showing the findings of the Verification Investigation relevant to either the whole development or that part of the development must be submitted to and approved in writing by the local planning authority.
  • (2) The Verification Investigation Report must—
  • (a) contain a full description of the works undertaken in accordance with the agreed Remedial Scheme and Verification Plan;
  • (b) contain results of any additional monitoring or testing carried out between the submission of the Remedial Scheme and the completion of remediation works;
  • (c) contain Movement Permits for all materials taken to and from the site and a copy of the completed site waste management plan if one was required;
  • (d) contain Test Certificates of imported material to show that it is suitable for its proposed use;
  • (e) demonstrate the effectiveness of the approved Remedial Scheme; and
  • (f) include a statement signed by the undertaker, or the approved agent, confirming that all the works specified in the Remedial Scheme have been completed.

Waste management during the operational phase

26

No part of the authorised development may be brought into use until a scheme for waste management has been submitted to and approved in writing by the local planning authority. Thereafter the approved scheme must be implemented and maintained for the duration of the operation of the development.

SCHEDULE 3 — STREETS SUBJECT TO HIGHWAY WORKS

(1) Area (2) Street subject to highway works
District of North West Leicestershire M1 motorway – length within the Order limits.
District of North West Leicestershire A50 – length within the Order limits.
District of North West Leicestershire A453 – length within the Order limits.
District of North West Leicestershire A6 – length within the Order limits.
District of North West Leicestershire Diseworth Lane – length within the Order limits.
District of North West Leicestershire Main Street – length within the Order limits.
District of North West Leicestershire C8211 Ashby Road – length within the Order limits.
District of North West Leicestershire East Midlands Airport Access Road – length within the Order limits.
District of North West Leicestershire C8206 Whatton Road – length within the Order limits.
District of North West Leicestershire Church Street – length within the Order limits.

SCHEDULE 4 — STREETS TO BE PERMANENTLY STOPPED UP

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

(1) Area (2) Street to be stopped up (3) Extent of stopping up (4) New street to be substituted
District of North West Leicestershire A50 highway. The existing highway within the area marked i on the access and rights of way plans (Document 2.3B) shown by red and white hatching. (i) Proposed new highway A50 within the area marked vii on the access and rights of way plans (Document 2.3A) shown by blue hatching; (ii) Proposed new highway A50 within the areas marked iii, v and vi on the access and rights of way plans (Documents 2.3A and C) shown by green hatching; (iii) Proposed new highway M1 within the area marked vii on the access and rights of way plans (Documents 2.3A and C) shown by blue hatching.
District of North West Leicestershire M1 Motorway. The existing highway within the area marked viii on the access and rights of way plans (Document 2.3C) shown by red and white hatching. (i) Proposed new highway M1 within the area marked ix on the access and rights of way plans (Documents 2.3A and C) shown by blue hatching; and (ii) Proposed new highway A50 within the area marked vi on the access and rights of way plans (Document 2.3C) shown by green hatching.
District of North West Leicestershire Warren Lane. The existing highway within the area marked x on the access and rights of way plans (Document 2.3B) shown by red and white hatching. (i) Proposed new highway A50 within the area marked iii on the access and rights of way plans (Document 2.3A) shown by green hatching; (ii) Proposed local highway within the area marked iv on the access and rights of way plans (Document 2.3A) shown by orange hatching; and (iii) Proposed cycle track between the points marked 8-9 on the access and rights of way plan (Document 2.3A) shown by a dashed pink line on a detailed alignment to be agreed by the relevant highway authority.
District of North West Leicestershire Main Street. The existing highway within the area marked xi on the access and rights of way plans (Document 2.3B) shown by red and white hatching. Proposed local highway within the areas marked xii and xiii on the access and rights of way plans (Document 2.3A) shown by orange hatching.
District of North West Leicestershire Rookery Lane. The existing highway within the area marked xiv on the access and rights of way plans (Document 2.3B) shown by red and white hatching. Proposed local highway within the area marked xii on the access and rights of way plans (Document 2.3A) shown by orange hatching.
District of North West Leicestershire A50 cycle track. The existing highway within the area marked xv and xvi on the access and rights of way plans (Document 2.3B) shown by red and white hatching. Proposed cycle track between the points marked 40-39 on the access and rights of way plans (Document 2.3A) shown by a dashed pink line on a detailed alignment to be agreed by the relevant highway authority.
District of North West Leicestershire A453. The existing highway within the area marked xix on the access and rights of way plans (Document 2.3E) shown by red and white hatching. Proposed new highway A453 within the area marked xx on the access and rights of way plans (Document 2.3E) shown by green hatching.
District of North West Leicestershire C8211 Ashby Road. The existing highway within the area marked xxi on the access and rights of way plans (Document 2.3E) shown by red and white hatching. (i) Proposed new highway A6 within the area marked xxii on the access and rights of way plans (Document 2.3E) shown by orange hatching; (ii) Proposed new highway C8211 within the area marked xxiii on the access and rights of way plans (Document 2.3E) shown by orange hatching; and (iii) Proposed cycle track between the points marked 54-55 on the access and rights of way plans (Document 2.3E) shown by a dashed pink line.
District of North West Leicestershire C8206 Whatton Road. The existing highway within the areas marked xxiv and xxv on the access and rights of way plans (Document 2.3F) shown by red and white hatching. (i) Proposed new highway C8206 within the areas marked xxvi and xxviii on the access and rights of way plans (Document 2.3F) shown by orange hatching; (ii) Proposed new highway A6 within the area marked xxvii on the access and rights of way plans (Document 2.3F) shown by orange hatching; and (iii) Proposed local highway within the area marked xxix on the access and rights of way plans (Document 2.3F) shown by orange hatching.

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

(1) Area (2) Street to be stopped up (3) Extent of stopping up
District of North West Leicestershire M1 southbound Junction 24A earthworks to exit slip road. The length of street shown hatched red and white and numbered xvii on the access and rights of way plans (Document 2.3B).
District of North West Leicestershire Church Street. The length of street shown hatched red and white and numbered xviii on the access and rights of way plans (Document 2.3C).

SCHEDULE 5 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP

PART 1 — PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area (2) Public right of way to be stopped up (3) Extent of stopping up (4) New public right of way or permissive path to be substituted
Parish of Lockington cum Hemington Public footpath L83 (part). The existing footpath between the points marked 1-2 on the access and rights of way plans (Document 2.3A) shown with a dashed red line. Proposed public footpath L83 (part) between the points marked 1-3 on the access and rights of way plans (Document 2.3A) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Lockington cum Hemington Public footpath L73 (part). The existing footpath between the points marked 4-5-6 on the access and rights of way plans (Document 2.3A) shown with a dashed red line. (i) Proposed public footpath L73 (part) between the points 6-7 marked on the access and rights of way plans (Document 2.3A) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority; and (ii) proposed cycle track between the points marked 7-11 on the access and rights of way plans (Document 2.3A) shown indicatively with a dashed pink line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Kegworth Public footpath L58 (part). The existing footpath between the points marked 15-16 on the access and rights of way plans (Document 2.3C) shown with a dashed red line. Proposed public footpath L58 (part) between the points marked 15-18 on the access and rights of way plans (Document 2.3C) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Lockington cum Hemington Public bridleway L103 (part). The existing bridleway between the points marked 22-23-24-25 on the access and rights of way plans (Document 2.3D) shown with a dashed red line. (i) Proposed public bridleway L103 (part) between the points marked 22-26 on the access and rights of way plans (Document 2.3D) shown indicatively with an unbroken yellow line on a detailed alignment to be agreed with the relevant highway authority; and (ii) Proposed public bridleway L110 between the points marked 22-27-28-29 on the access and rights of way plans (Documents 2.3C and 2.3D) shown indicatively with an unbroken yellow line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Lockington cum Hemington Public footpath L57 (part). The existing footpath between the points marked 24-30; 23-31; 32-33 on the access and rights of way plans (Documents 2.3D and 2.3E) shown with a dashed red line. Proposed permissive cycle track between the points marked 34-35-36-21-37 on the access and rights of way plans (Documents 2.3D and 2.3E) shown indicatively with a dotted pink line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Kegworth Public footpath L45A (part). The existing footpath between the points marked 43-44-45 on the access and rights of way plans (Document 2.3E) shown with a dashed red line. Proposed public footpath L45A (part) between the points marked 45-53 on the access and rights of way plans (Document 2.3E) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Kegworth Public footpath L54 (part). The existing footpath between the points marked 48-49 on the access and rights of way plans (Document 2.3F) shown with a dashed red line. Proposed public footpath L54 (part) between the points marked 48-50; 49-51; 49-52 on the access and rights of way plans (Document 2.3F) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.

PART 2 — PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area (2) Public right of way to be stopped up (3) Extent of stopping up
Parish of Kegworth Public footpath L45 (part). The existing footpath between the points marked 41-42 on the access and rights of way plans (Document 2.3E) shown with a dashed red line.
Parish of Kegworth Public footpath L64 (part). The existing footpath between the points marked 46-47 on the access and rights of way plans (Document 2.3F) shown with a dashed red line.

PART 3 — NEW PUBLIC RIGHTS OF WAY TO BE CREATED

(1) Area (2) Public right of way or permissive way to be created (3) Extent of new public right of way or permissive way to be created
Parish of Lockington cum Hemington Cycle track. The proposed cycle track between the points marked 7-12 on the access and rights of way plans (Documents 2.3A and 2.3C) shown indicatively with a dashed pink line on a detailed alignment to be agreed with the relevant highway authority.
Parish of Kegworth Permissive cycle track. The proposed permissive cycle track between the points marked 17-18-19-20-21 on the access and rights of way plans (Documents 2.3C and 2.3E) shown indicatively with a dashed pink line on a detailed alignment to be agreed with the relevant highway authority.
Parishes of Lockington cum Hemington and Kegworth Public footpath. The proposed public footpath between the points marked 20-38-28 and 27-38 on the access and rights of way plans (Document 2.3C) shown indicatively with a dashed brown line on a detailed alignment to be agreed with the relevant highway authority.

SCHEDULE 6 — PRIVATE MEANS OF ACCESS

PART 1 — PRIVATE MEANS OF ACCESS TO BE REPLACED

(1) Area (2) Extent (2) Extent (3) Replacement (3) Replacement
District of North West Leicestershire District of North West Leicestershire The existing private means of access between the points marked A-B on the access and rights of way plans (Document 2.3A) shown shaded purple. Replacement private means of access between the points marked A-C on the access and rights of way plans (Document 2.3B) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access between the points marked E-F on the access and rights of way plans (Document 2.3B) shown shaded purple. Replacement private means of access between the points marked E-G on the access and rights of way plans (Document 2.3B) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access marked H on the access and rights of way plans (Document 2.3A) shown shaded purple. Replacement private means of access marked J on the access and rights of way plans (Document 2.3B) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access marked K on the access and rights of way plans (Document 2.3B) shown shaded purple. Replacement private means of accesses between the points marked L-M; L-N; L-O; L-BB and L-BC on the access and rights of way plans (Documents 2.3B and 2.3C) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access Q on the access and rights of way plans (Document 2.3C) shown shaded purple. Replacement private means of access between the points marked R-S on the access and rights of way plans (Document 2.3C) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access between the points marked X-Y on the access and rights of way plans (Document 2.3E) shown shaded purple. Replacement private means of access between the points marked AA-Y on the access and rights of way plans (Document 2.3E) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access between the points marked AF-AG on the access and rights of way plans (Document 2.3E) shown shaded purple. Replacement private means of access between the points marked AH-AG on the access and rights of way plans (Document 2.3E) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access between the points marked AJ-AK on the access and rights of way plans (Document 2.3E) shown shaded purple. Replacement private means of access between the points marked AM-AK on the access and rights of way plans (Document 2.3E) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access between the points marked AJ-AL on the access and rights of way plans (Document 2.3E) shown shaded purple. Replacement private means of access between the points marked AO-AL on the access and rights of way plans (Document 2.3E) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access marked AR on the access and rights of way plans (Document 2.3F) shown shaded purple. Replacement private means of access marked AU on the access and rights of way plans (Document 2.3F) shown hatched turquoise.
District of North West Leicestershire District of North West Leicestershire The existing private means of access marked AZ on the access and rights of way plans (Document 2.3F) shown shaded purple. Replacement private means of access marked BA on the access and rights of way plans (Document 2.3F) shown hatched turquoise.

PART 2 — PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area (2) Private Means of Access
District of North West Leicestershire The private means of access shaded purple and marked D on the access and rights of way plans (Document 2.3B).
District of North West Leicestershire The private means of access shaded purple and marked P on the access and rights of way plans (Document 2.3C).
District of North West Leicestershire The private means of access shaded purple and marked T on the access and rights of way plans (Document 2.3D).
District of North West Leicestershire The private means of access shaded purple and marked U on the access and rights of way plans (Document 2.3D).
District of North West Leicestershire The private means of access shaded purple and marked V on the access and rights of way plans (Document 2.3D).
District of North West Leicestershire The private means of access shaded purple and marked W on the access and rights of way plans (Document 2.3D).
District of North West Leicestershire The private means of access shaded purple and marked X-Z on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire The private means of access shaded purple and marked BE on the access and rights of way plans (Document 2.3A).
District of North West Leicestershire The private means of access shaded purple and marked BF on the access and rights of way plans (Document 2.3D).

PART 3 — NEW PRIVATE MEANS OF ACCESS CREATED

(1) Area (2) Private Means of Access
District of North West Leicestershire The private means of access hatched turquoise and marked AA-AB on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire The private means of access hatched turquoise and marked AA-AC on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire The private means of access hatched turquoise and marked AD on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire The private means of access hatched turquoise and marked AE on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire The private means of access hatched turquoise and marked AN on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire The private means of access hatched turquoise and marked AP on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire The private means of access hatched turquoise and marked AQ on the access and rights of way plans (Document 2.3E).
District of North West Leicestershire The private means of access hatched turquoise and marked AS on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire The private means of access hatched turquoise and marked AT on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire The private means of access hatched turquoise and marked AV on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire The private means of access hatched turquoise and marked AW on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire The private means of access hatched turquoise and marked AX on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire The private means of access hatched turquoise and marked AY on the access and rights of way plans (Document 2.3F).
District of North West Leicestershire The private means of access hatched turquoise and marked BD on the access and rights of way plans (Document 2.3B).

SCHEDULE 7 — CLASSIFICATION OF ROADS

PART 1 — NEW AND DIVERTED ROADS

(1) Area (2) Extent of Street (3) Classification (4) Classes of Traffic (5) Relevant Highway Authority
In the District of North West Leicestershire The length of road shown coloured light blue and between the points 2 and 3 on the highway classifications plans (Document 2.5A). Special Road Class I and Class II Highways England
In the District of North West Leicestershire The length of road shown coloured light blue and between the points 4 and 5 on the highway classifications plans (Document 2.5A). Special Road Class I and Class II Highways England
In the District of North West Leicestershire The length of road shown coloured light blue and between the points 6 and 7 on the highway classifications plans (Document 2.5A). Special Road Class I and Class II Highways England
In the District of North West Leicestershire The length of road shown coloured green and between the points 8 and 9 on the highway classifications plans (Document 2.5A). Trunk Road All purpose Highways England
In the District of North West Leicestershire The length of road shown coloured green and between the points 10 and 11 on the highway classifications plans (Document 2.5A). Trunk Road All purpose Highways England
In the District of North West Leicestershire The length of road shown coloured green and between the points 12 and 13 on the highway classifications plans (Document 2.5A). Trunk Road All purpose Highways England
In the District of North West Leicestershire The length of road shown coloured green and between the points 14, 15, 16 and 17 on the highway classifications plans (Document 2.5B). Trunk Road All purpose Highways England
In the District of North West Leicestershire The length of road shown coloured green and between the points 16 and 19 on the highway classifications plans (Document 2.5B). Trunk Road All purpose Highways England
In the District of North West Leicestershire The length of road shown coloured green and between the points 15 and 18 on the highway classifications plans (Document 2.3B). Trunk Road All purpose Highways England
In the District of North West Leicestershire The length of road shown coloured green and between the points 30, 18, 19 and 29 on the highway classifications plans (Document 2.5B). Trunk Road All purpose Highways England
In the District of North West Leicestershire The length of road shown coloured green and between the points 18, 37 and 19 on the highway classifications plans (Document 2.5B). Trunk Road All purpose Highways England
In the District of North West Leicestershire The length of road shown coloured green and between the points 37 and 38 on the highway classifications plans (Document 2.5B). Principal All purpose Leicestershire County Council
In the District of North West Leicestershire The length of road shown coloured green and following a circular route around points 38 to 39 and returning to 38 on the highway classifications plans (Document 2.5B). Principal All purpose Leicestershire County Council
In the District of North West Leicestershire The length of road shown coloured pink and between the points 33 and 34 on the highway classifications plans (Document 2.3B). Classified All purpose Leicestershire County Council
In the District of North West Leicestershire The length of road shown coloured pink and between the points 35 and 36 on the highway classifications plans (Document 2.5B). Classified All purpose Leicestershire County Council
In the District of North West Leicestershire The length of road shown coloured pink and between the points 43 and 44 on the highway classifications plans (Document 2.3B). Classified All purpose Leicestershire County Council
In the District of North West Leicestershire The length of road shown coloured brown and between the points 23 and 24 on the highway classifications plans (Document 2.5A). Unclassified All purpose Leicestershire County Council
In the District of North West Leicestershire The length of road shown coloured brown and between the points 25 and 26 on the highway classifications plans (Document 2.5A). Unclassified All purpose Leicestershire County Council
In the District of North West Leicestershire The length of road shown coloured brown and between the points 27 and 28 on the highway classifications plans (Document 2.5B). Unclassified All purpose Leicestershire County Council
In the District of North West Leicestershire The length of road shown coloured brown and between points 41 and 42 on the highway classifications plans (Document 2.5A). Unclassified All purpose Leicestershire County Council

PART 2 — EXISTING ROADS

(1) Area (2) Extent of Street (3) (i) Current Classification (ii) Highway Authority (4) Event determining change of classification (5) Proposed Classification (6) Classes of Traffic (7) Highway Authority
In the District of North West Leicestershire The length of street shown coloured dark blue and between the points 1 and 2 on the highway classifications plans (Document 2.5A). (i) All Purpose Trunk Road (ii) The Secretary of State for Transport Opening of new road shown coloured light blue between points 2 and 3 as shown on the highway classifications plans (Document 2.5A). Special Road Class I and Class II Highways England
In the District of North West Leicestershire The length of street shown coloured red and between the points 20 and 21 on the highway classifications plans (Document 2.5A). (i) Special Road (ii) The Secretary of State for Transport Stopping up of M1 southbound slip road within area viii shown by red and white hatching on the access and rights of way plans (Document 2.3C). Trunk Road All Purpose Highways England
In the District of North West Leicestershire The length of street shown coloured orange and between the points 22 and 23 on the highway classifications plans (Document 2.5A). (i) All Purpose Trunk Road (ii) The Secretary of State for Transport Opening of new roads shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A). Unclassified Road All Purpose Leicestershire County Council
In the District of North West Leicestershire The length of street shown coloured orange and between points 25 and 40 on the highway classifications plans (Document 2.5A). (i) All purpose Trunk Road (ii) The Secretary of State for Transport Opening of new roads shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A). Unclassified Road All Purpose Leicestershire County Council
In the District of North West Leicestershire The length of street shown coloured dark green and between the points 31 and 32 on the highway classifications plans (Document 2.5B). (i) Classified All Purpose Road (ii) Leicestershire County Council Opening of new road shown coloured pink between points 35-36 as shown on the highway classifications plans (Document 2.5B). Unclassified Road All Purpose Leicestershire County Council

SCHEDULE 8 — SPEED LIMITS

PART 1 — EXISTING ORDERS

(1) Statutory Instrument Title (2) S.I. Number (3) Changes (4) Event
The A50 Trunk Road (Derby Southern Bypass) (Derestriction) Order 1998 1998 No. 378 In the Schedule, omit paragraph (x) and substitute— x the eastbound carriageway of the A50 from a point 600 metres west of the A6/A50 Aston Interchange overbridge to a point 138 metres west of the centre point of the M1 Junction 24A underbridge, and the westbound carriageway of the A50 from a point 410 metres north of its roundabout junction with the A453 (M1 Junction 24) to a point 600 metres west of the A6/A50 Aston Interchange overbridge . Opening of the new road shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).
The A453 and A50 Trunk Roads (M1 Junction 24, Kegworth, Leicestershire) (40 and 50 Miles Per Hour Speed Limit and Derestriction) Order 2015 2015 No. 1072 In article 2, omit the definition of “the link road”. Omit article 3. In article 4(b), omit “120 metres north of its junction with Church Street”, and substitute “410 metres north of its junction with the roundabout”. Omit articles 4(c), 5 and 7(a). Opening of the new road shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).

PART 2 — ROADS SUBJECT TO 30MPH SPEED LIMIT

(1) Location (2) Length
Main Street, Lockington Shown coloured brown between points marked H and J as shown on the speed limit plans (Document 2.7A).

PART 3 — ROADS SUBJECT TO 50MPH SPEED LIMIT

(1) Location (2) Description
A50 eastbound From a point 138 metres west of the centre point of the M1 underbridge at Junction 24A to its roundabout junction with the A453 (M1 Junction 24) as shown coloured green between points marked B and C as shown on the speed limit plans (Document 2.7A).
Lockington local access road Shown coloured orange between points F and G as shown on the speed limit plans (Document 2.7A).
A453 southbound From a point 190 metres south of the circulatory carriageway at M1 Junction 24 to a point 43 metres south of the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange access road; shown coloured green between points K, L, N and O as shown on the speed limit plans (Document 2.7B).
A453 northbound From a point 122 metres south of the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange access road to a point 345m south of the circulatory carriageway at M1 Junction 24; shown coloured green between points P, Q, R and S as shown on the speed limit plans (Document 2.7B).
A453 signalised roundabout The circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange to a point 25 metres east of that junction; shown coloured green between points N and Q and R and L as shown on the speed limit plans (Document 2.7B).
A6 Kegworth Bypass From the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange to a point 25 metres east of that junction; shown coloured green between points N and M, and L and M as shown on the speed limit plans (Document 2.7B).
A6 Kegworth Bypass Shown coloured orange between points M, T and U as shown on the speed limit plans (Document 2.7B).
C8211 Ashby Road Shown coloured orange between points T and V as shown on the speed limit plans (Document 2.7B).
A6 London Road Shown coloured orange forming a circular route between points W, X and returning to W as shown on the speed limit plans (Document 2.7B).
A6 London Road Shown coloured orange between points X and Y as shown on the speed limit plans (Document 2.7B).
M1 motorway southbound diverge slip road at Junction 24 Between the M1 motorway merge slip road overbridge and its junction with the A50; shown coloured light blue between points Z and AA as shown on the speed limit plans (Document 2.7A).

SCHEDULE 9 — AMENDMENTS TO EXISTING ORDERS

(1) Statutory Instrument/ Order Title (2) Statutory Instrument Number if applicable (3) Changes (4) Event
The Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963 1963 No. 1172 (77) is to read “Between a point 60 metres north west of its junction with C8207 Side Ley to a point where it meets with the roundabout at M1 Junction 24”. Opening of the new road shown coloured green between points 37 and 38 as shown on the highway classifications plans (Document 2.5B).
The North East of Birmingham-Nottingham A453 Trunk Road (Prohibition of Waiting) (Clearways) Order 1974 1974 No. 1663 To be revoked in its entirety. Opening of the A453 signalised roundabout shown coloured green between the points marked 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
The A50 Trunk Road (Derby Southern Bypass) (Prohibition of Right Turns and U-Turns) Order 1998 1998 No. 377 To be revoked in its entirety. Stopping up of Church Street as shown marked xvii on the access and rights of way plans (Document 2.3C) shown by red and white hatching.
The A50 Trunk Road (Southbound carriageway between M1 Junctions 24 and 24A, Leicestershire) (Prohibition of Entry in Layby) Order 2005 2005 No. 3067 To be revoked in its entirety. Removal of the lay-by referred to in the Order.
The A50 Trunk Road (Church Street, Lockington, Leicestershire) (Prohibition of Traffic Movements) Order 2006 2006 No. 1144 To be revoked in its entirety. Stopping up of Church Street as shown marked xviii on the access and rights of way plans (Document 2.3C) shown by red and white hatching.
The Leicestershire County Council (Prohibition of Commercial Vehicles Over 7.5 Tonnes) (Various Parishes) (Western Division) Order 1990 (Amendment No.6) (Parishes of Castle Donington, Isley Cum Langley, Breedon on the Hill, Swannington, Long Whatton, Belton, Osgathorpe, Worthington, Coleorton, Lockington and Hemington and Hathern) Order 1994 In Schedule 2 after “the A6 Parishes of Hathern, Long Whatton and Kegworth (from its junction with the B5234, Parish of Hathern, to its junction with the A453” insert “east of the M1 motorway, between M1 Junction 23A and M1 Junction 24”. In Schedule 3 replace all references to “A6” with “A50”. (i) Opening of the new road shown coloured green between points 37-38 as shown on the highway classifications plans (Document 2.5B). (ii) Opening of the new roads shown coloured green between points 8-9, 10-11 and 12-13 as shown on the highway classifications plans (Document 2.5A).

SCHEDULE 10 — CLEARWAYS AND NO WAITING

PART 1 — CLEARWAYS

(1) Location (2) Description (3) Prohibition of waiting on verges (4) Event
The roundabout at M1 Junction 24 The circulatory carriageway at the roundabout junction of the A453, A50, A6 and the slip roads leading to and from the M1 Motorway at Junction 24, including all the dedicated filter lanes and segregated left turn lanes at that roundabout; as shown between points i and ii, and from point iii returning to point iii, along the centrelines shown red on the traffic regulation plans (Document 2.6A). No Opening of the A453 signalised roundabout shown coloured green between points 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
A453 From the circulatory carriageway at roundabout at M1 Junction 24 to the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange; as shown between points iv and v along the centreline shown red on the traffic regulation plans (Document 2.6A and 2.6B). No Opening of the A453 signalised roundabout shown coloured green between points 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
The roundabout junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange The circulatory carriageway at the roundabout junction of the A453 and the East Midlands Gateway Strategic Rail Freight Interchange; as shown from point vi returning to point vi along the centreline shown green on the traffic regulation plans (Document 2.6B). Yes Opening to traffic of the length of road described in columns (1) and (2).
A453 From the circulatory carriageway at the junction between the A453 and the East Midlands Gateway Strategic Rail Freight Interchange, to a point 492 metres south of that junction; as shown between points vii and viii along the centreline shown green on the traffic regulation plans (Document 2.6B). Yes Opening of the A453 signalised roundabout shown coloured green between points 15-16-19-18 and returning to 15 as shown on the highway classifications plans (Document 2.5B).
A6 Kegworth Bypass Between points ix and x along the centreline shown light blue on the traffic regulation plans (Document 2.6B). No Opening to traffic of the length of road described in columns (1) and (2).
The roundabout between the A6 London Road and A6 Kegworth Bypass From point xii returning to point xii along the centreline shown light blue on the traffic regulation plans (Document 2.6B). No Opening to traffic of the length of road described in columns (1) and (2).

PART 2 — NO WAITING AT ANY TIME

(1) Location (2) Length (3) Event
Lockington local access road Between points xiii and xiv along the centreline shown orange on the traffic regulation plans (Document 2.6A). Opening to traffic of the length of road described in columns (1) and (2).
Church Street (i) Between points xv, xvi and xvii along the centreline shown orange on the traffic regulation plans (Document 2.6A); and (ii) Between points xvi and xvii along the centreline shown orange on the traffic regulation plans (Document 2.6A). Opening to traffic of the length of road described in columns (1) and (2).
C8211 (i) Between points xix, xx and xxi along the centreline shown orange on the traffic regulation plans (Document 2.6B). (ii)Between points xx and xxii along the centreline shown orange on the traffic regulation plans (Document 2.6B). Opening of the new road shown coloured green between points 37-38 as shown on the highway classifications plans (Document 2.5B).

SCHEDULE 11 — MOTOR VEHICLE RESTRICTIONS

PART 1 — MOTOR VEHICLE ACCESS ONLY RESTRICTIONS

(1) Location (2) Length
Warren Lane Between points 13 and 14 along the centreline shown coloured red on the traffic regulation plans (Document 2.6C).

PART 2 — ONE WAY STREETS

(1) Location (2) Length (3) Direction
Warren Lane From point 15 to point 16 along the centreline shown coloured green on the traffic regulation plans (Document 2.6C). South to North

PART 3 — PROHIBITION OF ENTRY TO ABNORMAL LOADS LAYBY

(1) Location (2) Point of Entry
Lay-by within the roundabout at M1 Junction 24 defined with a blue line on the traffic regulation plans (Document 2.6C) The junctions between the lay-by and the circulatory carriageway at M1 Junction 24; as shown at points 17 or 18 along the centreline shown coloured dark blue on the traffic regulation plans (Document 2.6C).

PART 4 — BUSES AND CYCLISTS ONLY

(1) Location (2) Length
C8211 Ashby Road Between points 19 and 20 along the centreline shown coloured light blue on the traffic regulation plans (Document 2.6D).

SCHEDULE 12 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Area (2) Number of land shown on land plan (3) Purpose for which temporary possession may be taken (4) Relevant part of the authorised development
District of North West Leicestershire 1/1, 1/7, 1/8 Alteration to existing railway line to facilitate connection to the rail freight interchange. Works No. 1
District of North West Leicestershire 1/2, 1/3 Diversion of footpath L83 Works No. 1
District of North West Leicestershire 1/6, 3/3, 3/8, 3/9, 3/10, 3/14 Alterations to existing highway Works No. 8
District of North West Leicestershire 2/15, 2/16, 2/22 Temporary construction access Works No. 7
District of North West Leicestershire 2/21 Diversion of footpath L73 Works No. 10
District of North West Leicestershire 3/6 Temporary stock piling area for topsoil and subsoil material Works No. 7
District of North West Leicestershire 4/4, 5/1, 5/2 Alteration to emergency access to East Midlands Airport Works No. 6
District of North West Leicestershire 5/7 Stopping up of footpath L45 Works No. 8
District of North West Leicestershire 5/11, 6/7 Temporary construction compounds Works No. 11
District of North West Leicestershire 5/12, 5/16, 5/18, 5/20, 5/21 and 6/5 Removal of existing hedgerows and amending ground levels Works No. 11
District of North West Leicestershire 5/13, 5/14, 5/15, 5/17 Stopping up of footpath L45A Works No. 11
District of North West Leicestershire 6/4 Stopping up of footpath L64 Works No. 11
District of North West Leicestershire 6/6, 6/8 Construction of a farm track Works No. 11

SCHEDULE 13 — LAND TO WHICH POWERS TO EXTINGUISH RIGHTS DO NOT APPLY

(1) Area (2) Plot of land shown on Land Plan (3) Relevant part of Authorised Development
District of North West Leicestershire 2/8 Works No. 12
District of North West Leicestershire 2/9 Works No. 8
District of North West Leicestershire 2/20 Works No. 10
District of North West Leicestershire 2/25 Works No. 8
District of North West Leicestershire 2/38 Works No. 8

SCHEDULE 14 — MODIFICATIONS 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[^f00042] 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” substitute “a right over land is purchased”; and
  • (b) for “acquired or taken from him” substitute “over which the right is exercisable”.
  • (3) In section 58(1)[^f00043] (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 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 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
  • (1) For section 8 of the 1965 Act (provisions as to divided land) substitute—

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