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The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016

Type Statutory-Instrument

Publication 2016-09-02

Last updated 2017-11-30

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(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[^f00033] 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 is 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 will be 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

42

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

43

(1) This article applies to roads in respect of which the undertaker is not the traffic authority.

(2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development—

(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 undertaker.

(3) Subject to paragraph (7), the power conferred by paragraph (2) must not be exercised after the expiry of 12 months from the opening of the authorised development for public use, but any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

(4) The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

(5) The undertaker must not exercise the powers conferred by paragraph (2) unless the undertaker has—

(a) given not less than—

(i) 12 weeks’ notice in writing of the undertaker’s intention to do so in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) 4 weeks’ notice in writing of the undertaker’s intention to do so 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 undertaker’s intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by the undertaker under paragraph (2)—

(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act[^f00034],

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[^f00035].

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers 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 undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.

(9) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(10) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(11) If a traffic authority which receives an application for consent under paragraph (2) fails to notify the undertaker of its decision before the end of the period of 6 weeks beginning with the date on which the application was made, it is deemed to have granted consent.

Procedure in relation to certain approvals etc.

44

(1) Where an application is made to or a request is made of a discharging authority or the Secretary of State for any consent, agreement or approval required or contemplated by any of the provisions of the Order such consent, agreement or approval must, if given, be given in writing and must not be unreasonably withheld.

(2) Schedule 11 (procedure for discharge of certain approvals) has effect in relation to all consents, agreements or approvals granted, refused or withheld by a discharging authority, but does not apply to any decision of the Secretary of State to which the procedure under Part 2 of Schedule 2 (procedure for discharge of requirements) applies.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of West Berkshire Council, Wokingham Borough Council, Reading Borough Council, the Royal Borough of Windsor and Maidenhead, Bracknell Forest Council, Buckinghamshire County Council, South Bucks District Council, Slough Borough Council, the London Borough of Hillingdon, the London Borough of Hounslow and the Greater London Authority

Work No. 1a – The improvement of the eastbound carriageway of the M4 Motorway (51.3 kilometres in length) commencing at grid reference 465337E; 171339N and terminating at grid reference 510045E; 178287N; and

Work No. 2b – The realignment of the M4 Junction 12 (Theale) westbound off-slip commencing at grid reference 465643E; 171122N and terminating at grid reference 465192E; 171383N.

Work No. 3a – The realignment of the Reading Motorway Service Area eastbound off-slip commencing at grid reference 467119E; 170000N and terminating at grid reference 467427E; 169953N.

In the administrative area of West Berkshire Council

Work No. 2a – The realignment of the M4 Junction 12 (Theale) eastbound on-slip commencing at grid reference 465236E; 171427N and terminating at grid reference 465627E; 171163N.

Work No. 4d – The realignment of the M4 Junction 11 (Three Mile Cross) westbound on-slip commencing at grid reference 471298E; 168737N and terminating at grid reference 470873E; 169006N.

Work No. 5e – The improvement of the M4 Junction 10 (Winnersh) westbound on-slip (1) commencing at grid reference 479941E; 170955N and terminating at grid reference 479741E; 170888N.

Work No. 5f – The realignment of the M4 Junction 10 (Winnersh) westbound on-slip (2) commencing at grid reference 479576E; 170692N and terminating at grid reference 479056E; 170283N.

In the administrative area of Wokingham Borough Council and Reading Borough Council

Work No. 4a – The realignment of the M4 Junction 11 (Three Mile Cross) eastbound off-slip commencing at grid reference 470765E; 169102N and terminating at grid reference 471343E; 168783N.

In the administrative area of Wokingham Borough Council

Work No. 5a – The realignment of the M4 Junction 10 (Winnersh) eastbound off-slip commencing at grid reference 478879E; 170222N and terminating at grid reference 479314E; 170512N.

In the administrative area of the Royal Borough of Windsor and Maidenhead

Work No. 6a – The realignment of the M4 Junction 8/9 (Holyport) eastbound off-slip commencing at grid reference 487916E; 178093N and terminating at grid reference 488542E; 178548N.

Work No. 15 – The extension of Chalvey Culvert to both north and south at the location shown on the works plans to accommodate Works 16a and 16d.

Work No. 16a – The realignment of the M4 Junction 6 (Chalvey) eastbound off-slip commencing at grid reference 495259E; 179448N and terminating at grid reference 495873E; 179259N.

Work No. 16b – The realignment of the M4 Junction 6 (Chalvey) eastbound on-slip commencing at grid reference 496277E; 179133N and terminating at grid reference 497074E; 179076N.

In the administrative areas of the Royal Borough of Windsor and Maidenhead and Buckinghamshire County Council, South Bucks District Council

Work No. 9a – The widening of the M4 motorway at the location of the existing Thames Bray underbridge commencing at grid reference 491117E; 179361N and terminating at grid reference 491608E; 179713N, including realignment of the M4 central reserve and realignment of the footway and cycle way along the motorway.

In the administrative area of Buckinghamshire County Council, South Bucks District Council

Work No. 10a – The widening of the eastbound carriageway of the M4 motorway on the north side at the location of the existing Marsh Lane overbridge commencing at grid reference 491720E; 179753N and terminating at grid reference 491879E; 179796N.

In the administrative area of Buckinghamshire County Council, South Bucks District Council and Slough Borough Council

Work No. 12a – The realignment of the M4 Junction 7 (Huntercombe) eastbound off-slip commencing at grid reference 493056E; 180075N and terminating at grid reference 493372E; 180147N.

In the administrative area of Slough Borough Council

Work No. 13a – The realignment of the M4 Junction 7 (Huntercombe) eastbound off-slip commencing at grid reference 493056E; 180075N and terminating at grid reference 493372E; 180147N.

and in connection with such works and to the extent that they do not otherwise form part of any such work, and whether or not shown on the plans referred to in the requirements including—

(a) the provision of up to 9 no. construction compounds in the areas shown on the works plans;

(b) 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, footway, cycle track or verge; and reducing the width of the carriageway of the street;

(c) ramps, means of access, footpaths, bridleways, cycle tracks, embankments, aprons, abutments, shafts, foundations, retaining walls, wing walls, bunds, embankments, swales, fencing, boundary treatments and highway lighting including the mounting of lighting columns on the rigid concrete barrier, subject to requirement 19;

(d) 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;

(e) the provision of thin surface course and carriageway markings;

(f) diversion of utilities apparatus, including gas and water pipelines and electric cables;

(g) earthworks, including the extension of earthworks;

(h) retaining structures;

(i) barriers;

(j) refurbishment works to any existing bridge or gantry;

(k) works to alter or remove road furniture;

(l) works to alter the course of, or otherwise interfere with a watercourse;

(m) water supply works, foul drainage provision, surface water management systems, and culverting;

(n) landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

(o) the provision of environmental mitigation;

(p) works for the benefit or protection of land affected by the authorised development;

(q) the demolition of buildings and structures within the Order limits;

(r) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soil stripping and storage, site levelling);

(s) works required for the strengthening, improvement, maintenance or reconstruction of any streets; and

(t) such other works, including contractors’ compounds, 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.

Work No. 16d – The realignment of the M4 Junction 6 (Chalvey) westbound on-slip commencing at grid reference 495221E; 179428N and terminating at grid reference 495864E; 179204N.

Work No. 17 – The widening of Windsor Branch Railway underbridge to the south side of the existing bridge, at the location shown on the works plans, including widening of foundations, substructure and bridge deck to accommodate Works 16b and 16c.

Work No. 18 – The extension of the water and gas main subway under the M4 carriageway west of Datchet Road to both north and south at the location shown on the works plans including diversion of the utilities passing through the subway and closure of the existing access manholes in the hard shoulders of the M4 motorway.

In the administrative area of Slough Borough Council and the Royal Borough of Windsor and Maidenhead

Work No. 19a – The widening of the eastbound carriageway of the M4 motorway on the north side at the location of the existing Datchet Road overbridge commencing at grid reference 497855E; 178907N and terminating at grid reference 497983E; 178805N.

In the administrative area of the Royal Borough of Windsor and Maidenhead

Work No. 20a – The widening of the eastbound carriageway of the M4 motorway on the north side at the location of the existing Recreation Ground overbridge commencing at grid reference 498117E; 178655N and terminating at grid reference 498210E; 178520N.

In the administrative areas of the Royal Borough of Windsor and Maidenhead and Slough Borough Council

Work No. 24a – The realignment of the M4 Junction 5 (Langley) eastbound off-slip commencing at grid reference 500685E; 177740N and terminating at grid reference 501031E; 177926N.

In the administrative areas of Buckinghamshire County Council, South Bucks District Council and Slough Borough Council

Work No. 25 – The demolition of the existing Old Slade Lane overbridge over the M4 and construction of a new bridge over the M4 and the realignment of Old Slade Lane commencing at grid reference 503720E; 178176N and terminating at grid reference 503729E; 178491N, including construction of retaining walls.

In the administrative area of Slough Borough Council

Work No. 26a – The realignment of the M4 Junction 4b (M25) eastbound off-slip and widening of the eastbound carriageway of the M4 motorway on the north side at the location of the existing Old Slade Lane overbridge commencing at grid reference 503425E; 178213N and terminating at grid reference 504178E; 178422N.

In the administrative area of the London Borough of Hillingdon

Work No. 27a – The realignment of the M4 Junction 4b (M25) eastbound on-slip commencing at grid reference 505255E; 178385N and terminating at grid reference 505643E; 178384N and the construction of a sign-only cantilever gantry above the on-slip within the gantry siting locations shown as “Gantry Type 4” on the works plans, including gantry foundations gantry structure, signs, sign illumination, control cabinets and power cable connections.

SCHEDULE 2

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

“CEMP” means the construction environmental management plan to be submitted and approved under requirement 8;

“EMP” means the environmental management plan to be submitted and approved under requirement 7;

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

“HEMP” means the handover environmental management plan, being the CEMP to be developed towards the end of the construction of the authorised development which is to contain—the environmental information needed for the future maintenance and operation of the authorised development;the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; anda record of the consents, commitments and permissions resulting from liaison with statutory bodies.

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.

Detailed design

3

Except where the authorised development is carried out in accordance with the plans listed in requirement 4, no part of the authorised development is to commence until details of the layout, scale, siting, design, dimensions and external appearance of Works Nos. 7a, 8c, 9b, 10c, 11c, 12e, 13c, 14c, 17, 19c, 20c, 22c, 24g, 24i and 25, earthworks and retaining structures comprised in the authorised development so far as they do not accord with the development shown in the plans listed in requirement 6 have been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority and any relevant statutory authority. The authorised development must be carried out in accordance with the details shown in the plans listed in requirement 6 or approved under this requirement.

Gantry design

4

The gantries to be constructed described as Gantry Type 5 in Schedule 1 (authorised development) are to be designed in accordance with drawing 514451-MUH-ST-ZZ-DR-GN-301415 or drawing 514451-MUH-ST-ZZ-DR-GN-301416 of the engineering drawings and sections, in accordance with details to be submitted to and approved by the Secretary of State following consultation with the relevant planning authority.

Carriageway surfacing

5

(1) Where any carriageway comprised in Work No. 1a and 1b, or any slip road, is to be resurfaced as part of the authorised development, TSCS is to be provided unless otherwise approved by the Secretary of State. Any material approved by the Secretary of State as low noise surfacing must have similar noise reduction properties as TSCS.

(2) Any subsequent resurfacing of any carriageway or slip road referred to in sub paragraph (1) must be carried out using low noise surfacing material with similar (or improved) noise reduction properties to the TSCS unless otherwise approved by the Secretary of State following consultation with the relevant planning authority.

Engineering drawings, sections and other information

6

(1) The authorised development must be carried out in accordance with the approved plans submitted with the application (unless otherwise approved by the Secretary of State, following consultation with the relevant planning authority and provided that the altered development accords with the principles of the engineering and design report (Application Document Reference No. 7.3) and falls within the Order limits) as listed in Schedule 12 (engineering drawings, sections and other information).

(2) Where any alternative details are approved under this requirement or requirements 3 (detailed design) or 20 (amendments to approved details), those details are deemed to be substituted for the corresponding details in the approved plans as listed in Schedule 12.

Environmental Management Plan

7

(1) No part of the authorised development is to commence until an EMP, substantially in accordance with the outline EMP (Application Document Reference No. 6.3, Appendix 4.2), has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

(2) All construction work must be carried out in accordance with the approved EMP unless otherwise approved by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

Construction Environmental Management Plan

8

(1) No part of the authorised development is to commence until a CEMP, substantially in accordance with the outline CEMP (Application Document Reference No. 6.3, Appendix 4.2A), annexed to the outline EMP (Application Document Reference No. 6.3, Appendix 4.2) has been submitted to and approved by the Secretary of State, following consultation with the Environment Agency and the relevant planning authority.

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

(3) Upon completion of construction of the authorised development the CEMP must be converted into the HEMP.

(4) The authorised development must be operated and maintained in accordance with the HEMP.

Implementation and maintenance of landscaping

9

(1) No part of the authorised development is to commence until a landscaping scheme and programme has been submitted to and approved by the Secretary of State following consultation with the relevant planning authority.

(2) The landscaping scheme must reflect the mitigation measures included in the environmental masterplan annexed to the engineering and design report (Application Document Reference No. 7.3) and set out details of all proposed hard and soft landscaping works, including—

(a) location, number, species (which must be native species), size and planting density of any proposed planting;

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

(d) a programme, which may relate to any part of the authorised development, or the whole, for the implementation of the landscaping scheme.

(3) 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.

(4) The authorised development must be landscaped in accordance with the scheme and programme approved under sub-paragraph (1).

(5) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, dies or becomes, in the opinion of the Secretary of State, seriously 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 gives consent to any variation.

Fencing

10

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

Ecological mitigation

11

Ecological mitigation of the authorised development with respect to protected species, including the provision of any mammal underpasses or tunnels, set out in the environmental masterplan (Application Document Reference No. 7.4, Annex A) and the CEMP, must be provided in accordance with the principles of guidance in Highways England’s Design Manual for Roads and Bridges, Volume 10, Section 4 (Volume 10, October 1994, amended as at May 2014 or as subsequently amended), as supported by additional guidance from the Institute of Ecology and Environmental Management, published ecological literature, and consultation with statutory and non-statutory nature conservation bodies, except where any departures from that guidance are agreed by the Secretary of State, following consultation with Natural England and the relevant planning authority.

Contaminated land and groundwater

12

(1) No part of the authorised development is to commence until a geotechnical design report has been produced based on and including the results of ground investigation, which are to inform (where and to the extent necessary) a written scheme to deal with contaminated groundwater due to landfill (if any is identified within the report) and which has been submitted to and approved by the Secretary of State following consultation with the Environment Agency, the relevant water undertaker and the relevant planning authority.

(2) Any scheme to deal with contaminated groundwater produced in accordance with sub-paragraph (1) must be implemented as part of the authorised development.

(3) 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 to the Environment Agency, the relevant water undertaker, the relevant planning authority and the Secretary of State, and the undertaker must complete a risk assessment of the contamination.

(4) Where the Secretary of State 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 by the Secretary of State, following consultation with the Environment Agency, the relevant water undertaker and the relevant planning authority.

(5) 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 (4).

(6) Remediation must be carried out in accordance with the scheme approved under sub-paragraph (4).

(7) In this requirement ‘relevant water undertaker’ means the water undertaker within the meaning of the Water Industry Act 1991[^f00037] for the land in question.

Protected species

13

(1) No part of the authorised development is to commence until final pre-construction survey work for that part has been undertaken to establish whether European or nationally protected species are present on any of the land affected, or likely to be affected, by that part of the authorised development or in any of the trees and shrubs to be lopped or felled as part of the authorised development.

(2) Where a protected species is shown to be, or where there is a reasonable likelihood of it being, present, the relevant part of the authorised development must not begin until a scheme of protection and mitigation measures or translocation of the relevant species has been submitted to and approved by the Secretary of State, following consultation with Natural England.

(3) The relevant part of the authorised development must be carried out in accordance with the approved scheme, or with any amended scheme that may be subsequently approved by the Secretary of State, following consultation with Natural England, and under any necessary protected species licence.

(4) Monitoring of impacts on protected species and habitats prior to, during and after construction, together with the monitoring and management of mitigation measures, must be carried out as far as required to meet the protected species licence requirements.

(5) In the event that any protected species are found at any time when carrying out the authorised development which were not previously identified in the environmental statement—

(a) the finding must be reported immediately to Natural England; and

(b) no activities requiring a protected species licence are to continue until a scheme of protection and mitigation measures for the protected species has been submitted to, and approved by, Natural England and the Secretary of State.

Surface water drainage

14

(1) No part of the authorised development is to commence until a surface and foul water drainage scheme has been submitted to and approved by the Secretary of State, following consultation with the relevant lead local flood authority and South East Water Limited. The surface and foul water drainage scheme must—

(a) include a survey of the existing drainage system in the Order land to identify areas affected by the works where repair or replacement of existing drainage infrastructure is required; and

(b) reflect the mitigation measures in the drainage strategy report (Application Document Reference No. 7.5) and include means of pollution control.

(2) The surface and foul water drainage system must be constructed in accordance with the approved surface and foul water drainage scheme.

Archaeological remains

15

(1) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be investigated and recorded and reported to the Secretary of State, Historic England and the relevant planning authority by means of a technical report identifying the location for the housing of any finds.

(2) 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 by the Secretary of State, following consultation with Historic England and the relevant planning authority.

(3) 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 for the further investigation and recording of the remains in accordance with details first submitted to, and approved by, the Secretary of State, following consultation with Historic England and the relevant planning authority.

Written scheme of investigation

16

(1) No part of construction compound 5 is to be constructed or used until a programme of archaeological work including a written scheme of investigation has been submitted to and approved by the relevant planning authority. The written scheme of investigation must include—

(a) a programme and methodology of site investigation and recording;

(b) a programme for post investigation assessment;

(d) provision for publication and dissemination of the analysis and records of the site investigation;

(e) provision to be made for archive deposition of the analysis and records of the site investigation; and

(f) nomination of a competent person or organisation to undertake the work set out within the written scheme of investigation.

(2) Construction compound 5 is not to be constructed or used other than in accordance with the written scheme of investigation approved under sub-paragraph (1).

(3) The site investigation and post investigation assessment is to be completed in accordance with the programme set out in the written scheme of investigation approved under sub-paragraph (1).

Buildings at risk

17

No part of the authorised development is to be carried out in the vicinity of any buildings assessed to be at risk in the environmental statement or in the opinion of the relevant planning authority without first notifying the relevant planning authority.

Construction traffic management

18

(1) No part of the authorised development is to commence until a construction traffic management plan, detailing traffic management measures during construction of the authorised development and substantially in accordance with the outline construction traffic management plan annexed to the outline CEMP (Application Document Reference No. 6.3, Appendix 4.2A, Annex E), has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority.

(2) The authorised development must be constructed in accordance with the approved details.

Permanent lighting

19

(1) No permanent lighting forming part of the authorised development is to be installed until a written lighting scheme has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority.

(2) The authorised development must be constructed in accordance with the approved scheme.

(3) Lighting installed as part of the authorised development must not be more than 1 metre higher than the existing lighting columns.

Amendments to approved details

20

With respect to any requirement which requires the authorised development to be carried out in accordance with any details or scheme approved under this Schedule, the approved details or scheme are to be taken to include any amendments that may subsequently be approved.

Control of noise during construction of the scheme

21

(1) No part of the authorised development is to commence until a written scheme for noise management during construction of the authorised development has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority.

(2) The scheme is to set out the particulars of—

(a) the reasonable noise management measures to be taken in relation to noise resulting from the construction of the scheduled works; and

(b) measures for monitoring noise levels during construction of the scheduled works to ensure compliance with the scheme and the effectiveness of the management measures.

(3) The scheduled works must be undertaken in accordance with the approved noise management scheme.

Acoustic barriers

22

(1) No part of the authorised development is to commence until details of a scheme to install or replace acoustic barriers in the locations shown on the environmental masterplan (Application Document Reference No. 7.4, Annex A) contained within the environmental statement has been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority.

(2) The acoustic barriers installed in accordance with the scheme approved in sub-paragraph (1) must—

(a) match adjacent retained acoustic barriers so far as possible; and

(b) be compliant with any engineering requirements governing the form of acoustic barriers which may be installed.

(3) Where the barriers as shown on the environmental masterplan are found not to be fit for purpose as acoustic barriers of equivalent standard to the requirements for acoustic barriers set out in the Specification for Highway Works CI.2504, or as amended, whether by reason of—

(a) their state of repair; or

(b) their original design,

the scheme referred to in sub-paragraph (1) is to provide for their removal and replacement with acoustic barriers consistent with the requirements for acoustic barriers set out in the Specification for Highway Works CI.2504, or as amended.

(4) The scheme approved under sub-paragraph (1) must be implemented before operation of the authorised development commences and maintained in accordance with the details of the approved scheme, unless the Secretary of State agrees, following consultation with the relevant planning authority, that any acoustic barrier comprised in the approved scheme no longer needs to be maintained.

Flood risk

23

(1) No scheduled works within Flood Zone 3 as shown on annex H to the flood risk assessment are to commence until a detailed scheme of compensation works for the effects of the authorised development upon flood risk in Flood Zone 3 (“flood compensation scheme”) has been submitted to and approved by the Secretary of State, following consultation with the Environment Agency and the relevant planning authority.

(2) The flood compensation scheme must ensure that compensation works—

(a) are carried out in accordance with the outline flood compensation scheme shown on drawing TR010019-2.3-v-20 sheets 1 to 13; or

(b) where alternate mitigation works or measures not detailed in the flood risk assessment are proposed, demonstrate that the works or measures are at least as effective as those set out in paragraph (a).

(3) The flood compensation scheme must ensure that compensation works provide sufficient compensation to ensure that the authorised development will not increase flood risk for all events up to and including the 1% annual exceedance probability plus a 20 per cent allowance for climate change.

(4) The flood compensation scheme must provide for phasing of the provision of flood risk compensation in accordance with any phasing of the construction of the authorised development.

(5) The authorised development and the flood compensation scheme must be implemented in accordance with the details approved under sub-paragraph (1).

(6) No part of the Order land situated in Flood Zone 3 plus a 20 per cent allowance for climate change is to be used for storage, except as shown on annex H to the flood risk assessment.

Biodiversity management strategy

24

(1) No part of the authorised development is to commence until a written strategy of biodiversity management measures has been submitted to and approved by the Secretary of State following consultation with the Environment Agency, Natural England and the relevant planning authority.

(2) The biodiversity management strategy is to include—

(a) provision of otter ledges within culverts affected by the authorised development;

(b) provision of otter fencing at those locations shown on the environmental masterplan (Application Document Reference No. 7.4, Annex A);

(c) provision of bat boxes at appropriate locations within the Order limits together with arrangements for their monitoring and maintenance by local bat groups or others;

(d) the removal or management of invasive non-native species within the Order limits; and

(e) maximising the biodiversity potential of any soft landscaping to be provided as part of the authorised development through detailed design.

(3) The approved strategy and any measures under it must be implemented during construction and operation of any part of the authorised development.

Road restraint standard

25

Any verge mounted road restraints to be provided as part of the authorised development must be constructed and installed in accordance with Highways England’s Requirement for Road Restraint Systems, TD 19/06 (Design Manual for Roads and Bridges, August 2006, or as amended) except where any departures from that standard are agreed by the Professional Technical Solutions directorate of Highways England.

Air quality monitoring and management

26

(1) No part of the authorised development is to commence until the undertaker has prepared a monitoring scheme for Nitrogen Dioxide (“NO₂”). The monitoring scheme must—

(a) be prepared in consultation with the relevant local authorities (“the air quality authorities”) for those Air Quality Management Areas in which the authorised development is located where both a change in air quality in excess of 0.4μg/m³ is predicted in the environmental statement, and where annual mean concentrations are above the national air quality objective value;

(b) set out the location and specification for operation and data provision for any monitors to be installed in line with guidance on air quality monitoring issued by the Department for Environment, Food and Rural Affairs from time to time (but the duplication of existing monitoring is not required where its data is available); and

(i) be installed during the construction period of the authorised development;

(ii) be operated from the opening of the authorised development for public use; and

(iii) remain in place for a period of 3 years or until the monitoring shows a continuous period of 12 months in which there is no exceedance of the annual national air quality objective for the NO₂ monitored, whichever is the longer (“the monitoring period”).

(2) During the monitoring period, the undertaker must make all data obtained from the monitors available to the air quality authorities.

(3) The monitoring data must be accompanied by a review undertaken by a firm of air quality experts appointed by the undertaker in consultation with the air quality authorities and submitted at 12-monthly intervals during the monitoring period. If any such review demonstrates in the opinion of the appointed firm of experts that the authorised development has materially worsened air quality where there are exceedances of national air quality objectives, the undertaker must—

(a) consult with the air quality authorities on a scheme of mitigation (including a programme for its implementation) within 6 months of the data review, taking into consideration any local air quality action plans adopted by each air quality authority as part of its local air quality management duties;

(b) submit the scheme of mitigation to the Secretary of State for approval within 1 month of concluding its consultation with the air quality authorities; and

(c) implement the scheme of mitigation in accordance with the programme contained in the scheme of mitigation following approval by the Secretary of State.

(4) Before considering whether to approve the scheme of mitigation, the Secretary of State must consult the air quality authorities and take into consideration any local air quality action plans adopted by an air quality authority as part of its local air quality management duties.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirement

27

(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in the Order, the Secretary of State must give notice to the undertaker of its decision on the application within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the Secretary of State;

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 2; or

(2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(3) Where—

(a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order; and

(b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

(c) the application is accompanied by a statement that the subject matter of the application is likely to give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement,

then the application is taken to have been refused by the Secretary of State at the end of that period.

(4) With respect to any requirement that requires details to be submitted to the Secretary of State for approval under this Schedule, the details must be accompanied by a statement as to whether the subject matter of the application is likely to give rise to any new or materially worse environmental effects in comparison with those reported in the environmental statement.

Further information

28

(1) In relation to any part of an application made under this Schedule, the Secretary of State may request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

(2) In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within this 21 business-day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 27 and in this paragraph.

Register of requirements

29

(1) The undertaker must, as soon as practicable, following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

(2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

(3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Details of consultation

30

(1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule, the details submitted must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

(2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.

(3) The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.

(4) Where the consultation responses are not reflected in the details submitted to the Secretary of State for approval, the undertaker must state in the summary report referred to under sub-paragraph (1), the reasons why the consultation responses have not been reflected in the submitted details.

SCHEDULE 3 — PERMANENT STOPPING UP OF STREETS FOR WHICH A SUBSITUTE IS TO BE PROVIDED

SCHEDULE 4 — TEMPORARY STOPPING UP OF STREETS

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up
Rights of Way and Access Plans – Sheet 1	Rights of Way and Access Plans – Sheet 1	Rights of Way and Access Plans – Sheet 1
None
Rights of Way and Access Plans – Sheet 2	Rights of Way and Access Plans – Sheet 2	Rights of Way and Access Plans – Sheet 2
In the parish of Bray; in the unitary authority of the Royal Borough of Windsor and Maidenhead	Public right of way; Bray 75/1 Monkey Island Lane and Thames Bray Bridge	From a point starting at its intersection with Monkey Island Lane and continuing in a north westerly direction for a distance of 140 metres then continuing in a generally easterly direction for a distance of 355 metres
In the parishes of Dorney; in the district of South Bucks in the County of Buckinghamshire	Public right of way; DOR 18/5 Thames Bray Bridge	From a point in-line with the southern edge of the existing bridge carrying the M4 motorway and continuing generally north westwards for a distance of 50 metres
In the parishes of Taplow; in the district of South Bucks in the County of Buckinghamshire	Public right of way; TAP 16/4 Thames Bray Bridge	From a point 50 metres (generally north eastwards) from the southern edge of the existing bridge carrying the M4 motorway and continuing generally north westwards for a distance of 30 metres
In the parishes of Dorney and Taplow; in the district of South Bucks in the County of Buckinghamshire	Part of Marsh Lane.	A length commencing 33 metres to the north west of its junction with Oak Stubbs Lane and extending along the existing highway for a distance of 310 metres
Rights of Way and Access Plans – Sheet 3	Rights of Way and Access Plans – Sheet 3	Rights of Way and Access Plans – Sheet 3
None
Rights of Way and Access Plans – Sheet 4	Rights of Way and Access Plans – Sheet 4	Rights of Way and Access Plans – Sheet 4
In the parishes of Cippenham St Andrew; in the unitary authority of Slough Borough Council	Public right of way; Slough 14/5	Existing path for a length of 15 metres commencing at a point measuring 80 metres from its intersection with Slough 49 along the existing path in an easterly/northerly direction initially before returning southwards
	Public right of way; Slough 9	Existing path for a length of 48 metres commencing at a point measuring 42 metres from its intersection with Slough 49 along the existing path in a north westerly direction
Rights of Way and Access Plans – Sheet 5	Rights of Way and Access Plans – Sheet 5	Rights of Way and Access Plans – Sheet 5
None
Rights of Way and Access Plans –Sheet 6	Rights of Way and Access Plans –Sheet 6	Rights of Way and Access Plans –Sheet 6
In the parish of Upton-cum-Chalvey; in the unitary authorities of Slough Borough Council and Royal Borough of Windsor and Maidenhead Council	Public right of way: Slough 32 Windsor Rail	From a point commencing 44 metres to the south west of the western side of the rail level crossing and extending along the existing path in a south westerly direction for a distance of 130m
	Public right of way: Local cycle route – Chalvey High Street to Jubilee River (east) Windsor Rail	From a point commencing 30 metres to the south west of the eastern side of the rail level crossing and extending along the existing path in generally a south westerly direction for a distance of 125 metres
	Public right of way: Local cycle route – Chalvey High Street to Jubilee River (west) Windsor Rail	From a point at its intersection with private right of way Slough 32 at Windsor Branch Railway Bridge and extending along the existing path in generally a western direction for a distance of 625 metres up to the connection with National Cycle Route 62
	Public right of way: Slough 33A Windsor Rail	From a point commencing 30 metres to the south west of the eastern side of the rail level crossing and extending along the existing path, initially in a south westerly direction before changing direction generally to the east for a distance, overall, of 215 metres
Rights of Way and Access Plans – Sheet 7	Rights of Way and Access Plans – Sheet 7	Rights of Way and Access Plans – Sheet 7
In the parishes of Datchet and Upton-cum-Chalvey; in the unitary authorities of Slough Borough Council and Royal Borough of Windsor and Maidenhead Council	Public rights of way; Slough 78 Datchet Road	A length commencing at the eastern side of the turning area at the northern end of The Myrke and extending for 168 metres along the existing path, generally easterly on a zig-zag alignment to connect with Datchet Road
Rights of Way and Access Plans – Sheet 8	Rights of Way and Access Plans – Sheet 8	Rights of Way and Access Plans – Sheet 8
None
Rights of Way and Access Plans – Sheet 9	Rights of Way and Access Plans – Sheet 9	Rights of Way and Access Plans – Sheet 9
In the parish of Iver; in the unitary authority of Slough Borough Council and the district of South Bucks in the County of Buckinghamshire	Public right of way; IVE 20/3	A length commencing at its connection with Old Slade Lane and extending in a southerly and westerly direction for a distance of 190 metres
	Public right of way: IVE 31/2	A length commencing 9 metres from the eastern edge of the carriageway of Old Slade Lane at a distance of 105 metres north west of IVE 20/3 intersection with Old Slade Lane and continuing for a distance of 195 metres along the existing path in a south easterly/easterly direction
Rights of Way and Access Plans – Sheet 10	Rights of Way and Access Plans – Sheet 10	Rights of Way and Access Plans – Sheet 10
In the parish Colnbrook; in the unitary authority of Slough Borough Council	Public right of way; Slough 9 Langley Interchange	Total length of existing path carried by ramps, footbridge and subway commencing from the end (at ground level) of the spiral access ramp on the southern side of the roundabout forming part of Junction 5 of the M4 to the end (at ground level) of the spiral ramp on the northern side of the roundabout
In the parish of Colnbrook; in the unitary authority of Slough Borough Council	Public right of way; Slough 8 Site Compound	A length commencing at a point located 14 metres south of the access to Colnbrook Landfill Site at the eastern edge of the existing footway along the eastern side of Sutton Lane, for a distance of 190 metres along the existing path up to its intersection with the existing fence line along the northern side of London Road (A4) at a location 118 metres east of the junction with Sutton Lane

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 2	Land Plans – Sheet 2
02–20, 02–22, 02–23, 02–25	At river level: permanent access for inspection and maintenance of the bridge
Land Plans –Sheet 19	Land Plans –Sheet 19
19-19, 19-19b, 19-20, 19-20a, 19-25, 19-27, 19-28a, 19-30, 19-30a, 19-33, 19-33a, 19-35, 19-35a, 19-37, 19-37a, 19-38, 19-39	At river level: permanent access for inspection and maintenance of the bridge.
19–80	At river level and river bank level: permanent access for inspection and maintenance of the 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[^f00038] 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 (measure of compensation in case of severance) 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) For section 58(1)[^f00039] (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 (other provisions as to divided land) 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 affecting 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 (compulsory purchase under the Acquisition of Land Act of 1946) 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 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard is to 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 (provisions as to divided land) of the 1965 Act substitute—

(8) (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, the M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016[^f00040] (“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. (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) (owners under incapacity) of Schedule 1;

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

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[^f00041] (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[^f00042] (penalty for unauthorised entry) and 13[^f00043] (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8

Section 20[^f00044] (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

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