The Northampton Gateway Rail Freight Interchange Order 2019

Made: 9th October 2019

Coming into force: 30th October 2019

The Secretary of State in exercise of the powers conferred by section 114, 115, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 15, 17, 19, 20, 22 to 24, 26, 33 to 37 of Schedule 5 to, the 2008 Act, makes the following Order—

PART 1 — PRELIMINARY

Citation and Commencement

1

This Order may be cited as the Northampton Gateway Rail Freight Interchange Order 2019 and comes into force on 30th October 2019.

Interpretation

2

• (1) In this Order—

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

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

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

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00007];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00008];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00009];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00010];

• “the 1996 Regulations” means the Noise Insulation (Railways and Other Guided Transport Systems) Regulations 1996[^f00011];

• “the 2008 Act” means the Planning Act 2008[^f00012];

• “the 2010 Regulations” means the Community Infrastructure Levy Regulations 2010[^f00013];

• “the 2017 EIA Regulations” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017[^f00014];

• “access and rights of way plans” means the plans of that description referred to in Schedule 16 (certification of plans and documents) and certified as the access and rights of way plans by the Secretary of State for the purposes of this Order;

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

• “apparatus” for the purposes of article 8 (street works) and article 36 (apparatus and rights of statutory undertakers in stopped up streets) has the same meaning as in Part 3 of the 1991 Act;

• “arboricultural assessment” means the arboricultural assessment contained in appendix 4.3 of the environmental statement;

• “authorised activity” means for the purpose of article 27 (power to override easements and other rights)—the erection, construction, carrying out or maintenance of any building or works on land;the erection, construction or maintenance or anything in, on, over or under land; orthe use of any land;

• “authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act and any works carried out under the requirements;

• “book of reference” means the document of that description referred to in Schedule 16 and certified as the book of reference by the Secretary of State for the purposes of this Order;

• “bridleway” has the same meaning as in the 1980 Act;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “bus” has the same meaning as in Schedule 1 of the Traffic Signs Regulations and General Directions 2016[^f00015];

• “carriageway” has the same meaning as in the 1980 Act;

• “chief officer of police” means the chief constable of Northamptonshire Police Force or any successor in function;

• “commence”, or “commencement”, means the carrying out of a material operation, as defined in section 155 (when development begins) of the 2008 Act, as part of the authorised development unless the context indicates otherwise;

• “construction and environmental management plan” means the document of that description contained in appendix 2.1 of the environmental statement;

• “cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act[^f00016];

• “development consent obligation” means the development consent obligation entered into by agreement under section 106 (planning obligations) of the 1990 Act[^f00017] dated 28th March 2019 in respect of the authorised development and any subsequent amendment to the obligation;

• “electronic communications code” has the same meaning as in section 106(1) (application of the electronic communications code) of the Communications Act 2003[^f00018];

• “electronic communications code network” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the Communications Act 2003; andan electronic communications network which the Secretary of State is providing or proposing to provide;

• “the environmental statement” means the document of that description referred to in Schedule 16 and certified as the environmental statement by the Secretary of State for the purposes of this Order;

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

• “framework travel plan” means the document of that description referred to in requirement 4 (sustainable transport) and attached at appendix 1 to the transport assessment;

• “hedgerow” includes hedgerows to which the Hedgerow Regulations 1997[^f00019] apply;

• “HGV” means any vehicle with an operational weight capable of exceeding 7.5 tonnes;

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

• “highway classification plans” means the plans of that description referred to in Schedule 16 and certified as the highway classification plans by the Secretary of State for the purposes of this Order;

• “Highways England” means Highways England Company Limited (company number 09346363), whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4ZZ, appointed as highway authority for the highways specified in article 2 (appointment of a Strategic Highways Company) of the appointment of a Strategic Highways Company Order 2015[^f00020] or any successor in function;

• “highway plans” means the plans of that description referred to in Schedule 16 and certified as the highway plans by the Secretary of State for the purposes of this Order;

• “highway works” means the works comprised in Works Nos. 7, 8, 9, 11, 12, 13, 14, 15, 16 and 17;

• “illustrative rail terminal plan” means the document of that description referred to in Schedule 16 and certified as the illustrative rail terminal plan by the Secretary of State for the purposes of this Order;

• “land plans” means the plans of that description referred to in Schedule 16 and certified as the land plans by the Secretary of State for the purposes of this Order;

• “lead local flood authority” means Northamptonshire County Council or any successor in function as lead local flood authority or equivalent body;

• “local highway authority” means Northamptonshire County Council or any successor in function as local highway authority;

• “maintain” includes inspect, repair, adjust, alter, clear, refurbish or improve, and any derivative of “maintain” is to be construed accordingly;

• “main site” means that part of the land within the Order limits comprising the areas of land described on the works plans as Works Nos. 1, 2, 3, 4, 5 and 6;

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

• “Order limits” means the limits shown on the works plans represented by a red line within which the authorised development may be carried out;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[^f00021];

• “parameters plan” means the plan of that description referred to in Schedule 16 and certified as the parameters plan by the Secretary of State for the purposes of this Order;

• “public sewer or drain” means a sewer or drain which belongs to the Environment Agency, an internal drainage board or a lead local flood authority or a sewerage undertaker;

• “public transport strategy” means the document of that description referred to in requirement 4 and attached at appendix 2 to the transport assessment;

• “rail infrastructure plan” means the plan of that description referred to in Schedule 16 and certified as the rail infrastructure plan by the Secretary of State for the purposes of this Order;

• “railway” has the same meaning as in the 2008 Act;

• “railway plans” means the plans of that description referred to in Schedule 16 and certified as railway plans by the Secretary of State for the purposes of this Order:

• “relevant highway authority” means in any provision of this Order the highway authority for any area of land to which that provision relates;

• “relevant planning authority” means as regards the operation and enforcement of any part of this Order the district planning authority within whose administrative boundary that part of the authorised development relevant to the operation or enforcement of the provision in question is situated;

• “relevant street authority” means in any provision of this Order the street authority for any area of land to which that provision relates;

• “relevant traffic authority” means in any provision of this Order the traffic authority for any area of land to which that provision relates;

• “relocation works” means works executed, or apparatus provided, under paragraph (2) of article 36;

• “requirements” means the requirements set out in Part 1 of Schedule 2 (requirements);

• “speed limit plans” means the plans of that description referred to in Schedule 16 and certified as the speed limit plans by the Secretary of State for the purposes of this Order;

• “statutory undertaker” means a statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

• “statutory utility” means a statutory undertaker for the purposes of the 1990 Act or a public communications provider as defined in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003[^f00022];

• “strategic road network” means that part of the highway network comprising trunk roads and motorways;

• “street” means a street within the meaning of section 48[^f00023] (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority” in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

• “traffic authority” has the meaning as in section 121A[^f00024] (traffic authorities) of the 1984 Act;

• “traffic officer” means a person designated under section 2 (designation of Traffic Officers) of the Traffic Management Act 2004[^f00025];

• “traffic regulation plans” means the plans of that description referred to in Schedule 16 and certified as the traffic regulation plans by the Secretary of State for the purposes of this Order;

• “transport assessment” means the document of that description contained within appendix 12.1 of the environmental statement;

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

• “tree preservation order” has the meaning given in section 198[^f00026] (tree preservation orders) of the 1990 Act;

• “trunk road” means a highway which is a trunk road by virtue of—section 10 (general provision as to trunk roads) or 19(1) (certain special roads and other highways to become trunk roads) of the 1980 Act[^f00027]; oran order or direction under section 10 of that Act; orthis Order; orany other enactment;

• “the undertaker” means—Roxhill (Junction 15) Limited (company number 08763104) whose registered office is at Lumonics House, Valley Drive, Swift Valley, Rugby, Warwickshire, CV21 1TQ; andin respect of the main site only, any other person who has the benefit of this Order in accordance with section 156 (benefit of order granting development consent) of the 2008 Act for such time as that section applies to that person;

• “verge” means any part of the road which is not a carriageway;

• “water authority” means AWG Group Limited (company number 02366618) registered at Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, PE29 6XU and any successor in function;

• “warehousing” means the warehousing constructed as part of the authorised development;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or public drain; and

• “the works plans” means the plans of that description referred to in Schedule 16 and certified as the works plans by the Secretary of State for the purposes of this Order.

• (2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the air-space above its surface.

• (3) All distances, directions and lengths referred to in this Order are approximate and where applicable distances between points on a work comprised in the authorised development are taken to be measured along that work.

• (4) References in this Order to numbered works are references to the works as numbered in Schedule 1 and references to numbered requirements are to the requirements as numbered in Part 1 of Schedule 2.

• (5) For the purposes of this Order all areas described in square metres in the book of reference are approximate.

• (6) Where in this Order a document or a plan is referred to by reference to a document number, the reference is to the document or plan of that number referred to in Schedule 16.

PART 2 — PRINCIPAL POWERS

Development consent granted by the Order

3

Subject to the provisions of this Order and to the requirements, the undertaker is granted development consent for the authorised development to be carried out and used within the Order limits.

Parameters of authorised development

4

• (1) The authorised development is to be carried out within the parameters shown and described on the parameters plan and in carrying out the authorised development the undertaker may—

• (a) deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans;

• (b) in respect of the highway works deviate vertically from the levels shown on the highway plans to a maximum of 1.5 metres upwards or downwards; and

• (c) in respect of the railway works comprised in Works Nos. 1 and 2 deviate vertically from the levels shown on the railway plans to a maximum of 1.5 metres upwards or downwards.

• (2) The maximum limits described in paragraph (1)(a) to (c) do not apply to constrain the authorised development when it is demonstrated by the undertaker, on application, to the relevant planning authority’s satisfaction, and the relevant planning authority certifies accordingly, that a deviation in excess of these limits would not be likely to give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement.

Authorisation of use

5

Subject to the provisions of this Order and to the requirements, the undertaker and any persons authorised by the undertaker may operate and use that part of the authorised development comprised in Works Nos. 1 to 6 for the purposes of a rail freight terminal and warehousing, any purposes for which such parts of the authorised development is designed and for any purposes ancillary to those purposes.

Maintenance of authorised development

6

• (1) The undertaker may at any time maintain the authorised development, except to the extent that this Order or an agreement made under this Order provides otherwise.

• (2) Paragraph (1) does not apply to the highway works the maintenance of which is governed by article 14 (maintenance of highway works) and Parts 2 and 3 of Schedule 13 (protective provisions).

• (3) Paragraph (1) does not extend to any maintenance works which would be likely to give rise to any materially new or materially different significant effects on the environment that have not been assessed in the environmental statement or in any updated environmental information supplied under the 2017 EIA Regulations.

Benefit of Order

7

• (1) Subject to paragraphs (2), (3) and (4) the provisions of this Order have effect solely for the benefit of the undertaker.

• (2) Roxhill (Junction 15) Limited, has the sole benefit of the provisions of Part 5 (powers of acquisition) unless the Secretary of State consents to the transfer of the benefit of those provisions.

• (3) Roxhill (Junction 15) Limited has the sole benefit of the powers conferred by this Order to carry out the highway works in accordance with the provisions of Parts 2 and 3 of Schedule 13 (protective provisions) unless—

• (a) the Secretary of State consents to the transfer of the benefit of those provisions; or

• (b) the provisions of paragraph 4(6) of Part 2 or paragraph 4(6) of Part 3 of Schedule 13 apply in which case the relevant highway authority will have the benefit of the powers to carry out the relevant highway works.

• (4) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers, operators of the electronic communications code network and other persons affected by the authorised development.

PART 3 — STREETS

Street works

8

• (1) The undertaker may for the purposes of the carrying out of the authorised development, enter on so much of any of the streets specified in Schedule 3 (streets subject to street works) as are within the Order limits and may—

• (a) break up or open the street, or any sewer, drain or tunnel under it;

• (b) tunnel or bore under the street;

• (c) place apparatus in the street;

• (d) maintain apparatus in the street or change its position;

• (e) construct bridges and tunnels;