The West Midlands Rail Freight Interchange Order 2020

• (1) For normal daytime construction and demolition works carried out on weekdays between 07:00 and 18:30 hours, the construction and demolition noise level measured at a noise sensitive receptor must not exceed Leq, 11hour 65 dB(A) and on Saturdays between 08:00 and 13:00 hours, the noise level measured at a noise sensitive receptor must not exceed Leq, 5 hour 65 dB(A) wherever practicable. Where this is not practicable, prior approval from the local authority must be sought, with full justification given for the deviation.

• (2) Subject to health and safety requirements, broadband reversing alarms must be employed on mobile plant.

• (3) In the event that complaints for noise nuisance are received by the local planning authority in respect of construction noise and the local planning authority considers those complaints justified, the undertaker must unless otherwise agreed by 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 development relating to noise from construction of the site. The assessment will be carried out to an appropriate methodology agreed in writing by the local planning authority and the results of the assessment will be submitted to the local planning authority within 28 days of the assessment. If it is found that the effect of noise from the authorised development is greater than was anticipated (as set out in paragraphs 13A.67 to 13A.82 of the addendum to Chapter 13 of the environmental statement), recommendations for appropriate remedial measures must be made and those recommendations, where reasonable, implemented in accordance with a programme agreed between the local planning authority and the undertaker.

Noise – operational stage

22

• (1) Prior to the occupation of any warehouse unit, details of all mechanical and ventilation plant must be submitted to and approved in writing by the local planning authority. Any fixed plant or ventilation equipment must be installed and operated in accordance with manufacturers' instructions at all times and the overall rating levels from all mechanical and ventilation plant should not exceed the limits set out in Table 13A.20 of the addendum to Chapter 13 of the environmental statement.

• (2) The external walls of all warehouses must provide a minimum sound reduction of 39dB Rw and all warehouse roofs must provide a minimum sound reduction of 28dB Rw.

• (3) Subject to health and safety requirements, broadband reversing alarms must be employed on site-based mobile plant and vehicles.

• (4) In the event that complaints for noise nuisance are received by the local planning authority in respect of operational noise and the local planning authority considers those complaints justified, the undertaker must unless otherwise agreed by 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 development relating to noise from operation of the site. The assessment will be carried out to an appropriate methodology agreed in writing by the local planning authority and the results of the assessment will be submitted to the local planning authority within 28 days of the assessment. If it is found that the effect of noise from the authorised development is greater than was anticipated (as set out in paragraphs 13A.83 to 13A.133 of the addendum to Chapter 13 of the environmental statement), recommendations for appropriate remedial measures must be made and those recommendations, where reasonable, implemented in accordance with a programme agreed between the local planning authority and the undertaker.

Permissive paths

23

• (1) No phase of the authorised development containing permissive paths is to commence until a scheme for the provision of the permissive paths in that phase has been submitted to and approved in writing by the local planning authority.

• (2) The schemes referred to in sub-paragraph (1) must—

• (a) set out the specification of the relevant permissive paths and timing of their provision;

• (b) confirm the arrangements for ongoing maintenance of the relevant permissive paths;

• (c) ensure public access to the relevant permissive paths at all time save for emergency closures and any closures required to maintain their permissive status; and

• (d) make provision for the alteration to, or replacement of, the relevant permissive paths subject to the provision of suitable alternative arrangement.

• (3) The approved permissive paths schemes must be implemented and maintained during operation of the authorised development.

Transport – demolition and construction

24

• (1) The construction and demolition works must be carried out in accordance with the demolition and construction traffic management plan. The demolition and construction traffic management plan may be subject to alteration by agreement in writing by the local highway authority.

• (2) No phase of the authorised development is to commence until a scheme for the provision, maintenance and subsequent removal of temporary signage for construction traffic in respect of that phase has been submitted to and approved by the local planning authority. The undertaker must provide, maintain and remove the temporary signage in accordance with the approved scheme.

Transport – phasing of highway works

25

• (1) The undertaker must complete the highway works identified in columns (1) and (2) of the following table by no later than the stage of the authorised development set out in column (3) of that table or such alternative later triggers as are agreed by the relevant body or bodies identified in column (4) of that table.

(1) Item as identified on the highway general arrangement key plan / highways masterplan	(2) Description	(3) Stage of Authorised Development	(4) Relevant Body
(i)	A5 Access Roundabout, including works to Avenue Cottages junction	To be completed prior to the occupation of first warehouse to be occupied (with the exception of less than 47,000 square metres (gross internal area) of warehouse floorspace accessed from the Vicarage Road Access Roundabout (item (iii)).	Highways England / Staffordshire County Council
(ii)	A5 – A449 link road	To be completed prior to occupation of more than 140,000 square metres (gross internal area) of warehouse floorspace served via the A5 and 47,000 square metres (gross internal area) of warehouse floorspace served via the Vicarage Road Access Roundabout (item (iii)) or within five years of the occupation of more than 47,000 square metres (gross internal area) of warehouse floorspace, whichever is sooner.	Highways England / Staffordshire County Council
(iii)	Vicarage Road Access Roundabout	To be completed prior to the occupation of any warehouse floorspace to accessed from the Vicarage Road Access Roundabout.	Staffordshire County Council
(iv)	Right turn ban and associated works at A449 / Station Drive junction	Not to be in force until such time as the A449 Roundabout (item xiv) has been completed.	Highways England
(v)	Crateford Lane closed to westbound traffic	To be completed prior to occupation of more than 140,000 square metres (gross internal area) of warehouse floorspace or within five years of the occupation of more than 47,000 square metres (gross internal area) of warehouse floorspace, whichever is sooner.	Staffordshire County Council
(vi)	Improved footway links along the A5 between Gailey Roundabout and the A5 Access Roundabout	To be completed within 6 months of opening the A5 Access Roundabout.	Highways England
(vii)	Upgraded footway / cycleway on the A449 between Station Drive and Gailey Roundabout	To be completed within 6 months of opening the A449 Access Roundabout.	Highways England
(viii)	Provide HGV turning area on Station Drive to the west of the rail bridge	To be completed within 6 months of completing the Vicarage Road Access.	Staffordshire County Council
(ix)	Provide relocated A449 laybys to include closure of existing gaps in A449 Central Reservation and field accesses	To be completed prior to commencement of construction of A5 Access Roundabout.	Highways England
(x)	Improved visibility splay at Vicarage Road / Straight Mile Priority Junction	To be completed prior to opening of Vicarage Road Roundabout.	Staffordshire County Council
(xi)	Provide footway and crossing improvements at Straight Mile / Kings Road / Woodlands Lane	To be completed prior to opening of network of permissive paths / community parks.	Staffordshire County Council
(xii)	Provide pedestrian crossing facilities at Straight Mile	To be completed prior to opening of network of permissive paths / community parks.	Staffordshire County Council
(xiii)	Provide new Cycleway on Vicarage Road	To be completed within 6 months of completing the Vicarage Road Access Roundabout.	Staffordshire County Council
(xiv)	A449 Roundabout	To be completed prior to occupation of more than 140,000 square metres (gross internal area) of warehouse floorspace or within five years of the occupation of more than 47,000 square metres (gross internal area) of warehouse floorspace, whichever is sooner.	Highways England

• (2) At least two weeks prior to the anticipated date of each event/trigger specified in column (3) of the table in sub-paragraph (1) the undertaker must notify the relevant body identified in column (4) of that table of that anticipated date.

Water and flood risk – flood risk assessment

26

The authorised development must be carried out in accordance with the mitigation measures detailed within section 5.3 of the flood risk assessment or be carried out in accordance with any variation to these measures agreed in writing with the Environment Agency, the relevant local flood authority or the approving body under Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010 , whichever of these is the body having jurisdiction over the watercourse in question.

Water and flood risk – surface water drainage scheme

27

• (1) No phase of the authorised development (excluding archaeology works) is to commence until a surface water drainage scheme for that phase 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 surface water drainage scheme must be generally in accordance with the flood risk assessment and site-wide surface water drainage strategy and section 3.4 of the water framework directive assessment and must include a schedule of required maintenance activities (including frequency), and details of who is to be responsible for such maintenance, to ensure the continued performance of the system for the lifetime of the authorised development.

• (2) Any surface water drainage scheme approved under sub-paragraph (1) (including, for the avoidance of doubt, the sustainable urban drainage component (SUDS)) must be implemented and maintained 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 relevant phase of the authorised development.

Water and flood risk – foul water drainage

28

• (1) Prior to the commencement of the development of any warehouse or the rail terminal, a foul water drainage scheme must be submitted to and approved in writing by the local planning authority.

• (2) Any foul water drainage scheme approved under sub-paragraph (1) 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 occupation of any warehouse unit or the rail terminal.

Building sustainability

29

• (1) No construction of a warehouse is to commence 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 warehouse is expected to achieve at least a BREEAM 2011 “Very Good” rating (BREEAM Industrial 2008 “Excellent”).

• (2) The construction of each of the warehouses must be carried out in accordance with the details in the BREEAM pre-assessment report (or equivalent) for that warehouse 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.

Waste management during the operational phase

30

No warehouse, rail terminal or community park may be brought into use until a waste management scheme for that part of the authorised development during the operational phase 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 that part of the authorised development.

PART 2 — RAIL REQUIREMENTS

Interpretation

31

In this Part of this Schedule—

• “rail terminal works” means the works required to construct and provide a rail terminal capable of handling at least four trains a day;

• “rail terminal” means the rail terminal constructed as a result of and upon completion of the rail terminal works;

• “rail provision milestones” means the actions, and the timing related thereto, set out in requirements 40 and 41 (rail provision milestones);

• “undertaker” has the same meaning as sub-paragraph (a) of the definition of “undertaker” in article 2 (interpretation); and

• “GRIP 3”, “GRIP 4” and “GRIP 5” relate to Network Rail's Governance for Rail Investment Projects current at the date of this order.

Rail Provision

32

The undertaker must comply with all the rail provision milestones unless otherwise agreed with the local planning authority.

33

The undertaker must keep the local planning authority advised of progress in respect of all the rail provision milestones on a quarterly basis including providing copies to the local planning authority of any material formally submitted to all bodies in pursuance of compliance with the rail provision milestones, if requested.

34

The undertaker must notify the local planning authority of the date of the first occupation of more than 47,000 square metres of warehousing and 186,000 square metres of warehousing within 28 days of such occupations occurring.

Rail Infrastructure

35

The undertaker must complete the rail terminal works prior to the earliest of—

• (a) the occupation of more than 186,000 square metres of warehousing; or

• (b) the sixth anniversary of the first occupation of more than 47,000 square metres of warehousing.

36

The undertaker must pursue the completion of the rail terminal works as expeditiously as possible following the commencement of their construction.

37

Following completion of the rail terminal works the undertaker must retain, manage and keep the rail terminal works available for use.

Rail Support

38

The undertaker must appoint a rail freight co-ordinator at least 3 months prior to the submission of the application for approval of GRIP 3 referred to in paragraph (1) of requirement 40 (rail provision milestones) who must report to the local planning authority no less than once a quarter on—

• (a) the progress towards meeting the rail provision milestones;

• (b) the progress of the rail terminal works; and

• (c) the operation of the rail terminal when open including—

• (i) the appointment of a rail operator to operate the rail terminal;

• (ii) the amount of rail freight usage of the rail terminal;

• (iii) the number of trains using the rail terminal;

• (iv) the warehousing receiving or sending goods through the rail terminal; and

• (v) the amount of goods being received or sent through the rail terminal by freight handlers not occupying the warehousing.

39

The undertaker must maintain a person in the position of rail freight co-ordinator throughout the life of the authorised development unless otherwise agreed with the local planning authority.

Rail Provision Milestones

40

• (1) The undertaker must submit an application to Network Rail for approval of the matters required to be considered as part of GRIP 3 by Network Rail prior to commencement of the authorised development and thereafter pursue such application expeditiously.

• (2) The undertaker must submit an application to Network Rail for approval of the matters required to be considered as part of GRIP 4 by Network Rail within 3 months of the approval of the matters approved under sub-paragraph (1) and thereafter pursue such application expeditiously.

• (3) The undertaker must identify and apply to Network Rail for the necessary track possessions required to enable the carrying out of the rail terminal works by no later than 14 days from approval of the matters approved under sub-paragraph (2) and thereafter pursue such application expeditiously.

• (4) The undertaker must submit an application to Network Rail for approval of the matters required to be considered as part of GRIP 5 by Network Rail within 12 months of approval of the matters approved under sub-paragraph (2) and thereafter pursue such application expeditiously.

41

The undertaker must progress the approvals referred to in paragraphs (a) to (d) as expeditiously as possible following the commencement of the authorised development—

• (a) the approval of all of the detailed design information (as defined in paragraph 2 of Part 3 of Schedule 13 (protective provisions) for Works No. 4 (A5/A449 link road) pursuant to paragraph 3 of Part 3 of Schedule 13;

• (b) the obtaining of a variation to the existing environmental permit issued under the Environmental Permitting (England & Wales) Regulations 2016 relating to the remediation of the SI land;

• (c) the obtaining of any approvals required from Network Rail in connection with the construction of the rail terminal works pursuant to the provisions of Part 1 of Schedule 13; and

• (d) the obtaining of all other consents required to lawfully construct the rail terminal works.

PART 3 — PROCEDURE FOR APPROVALS ETC. UNDER REQUIREMENTS

Interpretation

42

In this Part of this Schedule—

• “appeal documentation” means the application submitted to the discharging authority, any further information submitted under paragraph 44 and any notice of a decision to refuse;

• “the appeal parties” means the discharging authority, the undertaker and any requirement consultee(s);

• “discharging authority” means the authority from whom a consent, approval or agreement is required or requested by the undertaker under the requirement concerned;

• “requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging that requirement; and

• “working day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holiday) of the Banking and Financial Dealings Act 1971 .

Applications made for certain approvals

43

• (1) Where an application has been made to a discharging authority for any consent, agreement or approval required or contemplated under the requirements in ... this Schedule the discharging authority must give notice to the undertaker of its decision on the application before the end of the decision period.

• (2) For the purposes of sub-paragraph (1), the decision period is—

• (a) where no further information is requested under paragraph 44, 42 days from the day immediately following that on which the application is received by the discharging authority;

• (b) where further information is requested under paragraph 44, 42 days from the day immediately following that on which the further information has been supplied by the undertaker under paragraph 44; or

• (c) such longer period as may be agreed by the undertaker and the discharging authority in writing before the end of the period in paragraph (a) or (b).

Further information

44

• (1) In relation to any application to which this Schedule applies, the discharging authority has the right to request such further information from the undertaker as is necessary to enable it to consider the application.

• (2) If the discharging authority considers such further information to be necessary it must, within 10 working days of receipt of the application, notify the undertaker in writing specifying the further information required.

• (3) If the discharging authority does not give such notification as specified in sub-paragraph (2) it is to be 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.

Appeals

45

• (1) The undertaker may appeal in the event that—

• (a) the discharging authority refuses an application for any consent, agreement or approval required or contemplated under the requirements or grants it subject to conditions;

• (b) the discharging authority does not give notice of its decision to the undertaker within the decision period specified in paragraph 43;

• (c) on receipt of a request for further information under paragraph 44 the undertaker considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

• (d) on receipt of any further information requested, the discharging authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period as determined under paragraph 43;

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must within 7 working days provide copies of the appeal documentation to the discharging authority and the requirement consultees;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person's attention should be sent;

• (d) the discharging authority and the requirement consultees must submit written representations to the appointed person in respect of the appeal within 20 working days of the date on which the appeal parties are notified of the appointment of a person under paragraph (c) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 20 working days of receipt of written representations under paragraph (d).

• (3) The appointed person must make a decision and notify it to the appeal parties, with reasons, within 20 working days of expiry of the 20-working day period referred to in sub-paragraph (2)(e) or, if applicable, within 20 working days of the expiry of the 10-working day period referred to in sub-paragraph (6).

• (4) The appointment of the person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (5) If the appointed person considers that further information is necessary to enable consideration of the appeal the appointed person must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (6) Any further information required under sub-paragraph (5) is to be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 working days of that date.

• (7) On an appeal under this paragraph, the appointed person must—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (8) The appointed person must proceed to a decision on an appeal taking into account only such written representations as have been sent within the prescribed time limits, or other time limits set by the appointed person under this sub-paragraph.

• (9) The appointed person must proceed to a decision even though no written representations have been made within the prescribed time limits, or any other time limit set in accordance with sub-paragraph (9).

• (10) The decision of the appointed person on an appeal is to be final and binding on the appeal parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (11) If an approval is given by the appointed person under this Part of this Schedule, it is deemed to be an approval for the purpose of any consent, agreement or approval required under the requirement as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person's determination.

• (12) Except where a direction is given under sub-paragraph (13) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the undertaker .

• (13) On application by the discharging authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Planning Practice Guidance published by the Department for Communities and Local Government on 6th March 2014 or any circular or guidance which may from time to time replace it.

Fees

46

• (1) Where an application is made to the discharging authority for consent, agreement or approval in respect of a requirement, other than where the parties have agreed otherwise, the fee that would have been payable had the fee been determined under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 , is to be paid to that authority.

• (2) Any fee paid under this Part of this Schedule must be refunded to the undertaker within 42 days of—

• (a) the application being rejected as invalidly made; or

• (b) the discharging authority failing to determine the application within the decision period as determined under paragraph (1),

unless within that period the undertaker agrees, in writing, that the fee is to be returned by the discharging authority and credited in respect of a future application.

SCHEDULE 3 — STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Street within the Order limits subject to street works
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	A5
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	A449
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Vicarage Road
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Straight Mile
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Station Drive
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Station Road
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Harrisons Lane
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Crateford Lane
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Gravelly Way
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Four Ashes Road
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Kings Road
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Woodlands Lane
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Access to Avenue Cottages
District of South Staffordshire and Parishes of Penkridge, Hatherton and Brewood and Coven	Access to the Poplars

SCHEDULE 4 — STREETS TO BE STOPPED UP

PART 1 — STREETS TO BE PERMANENTLY STOPPED UP 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 South Staffordshire and Parish of Penkridge	Gravelly Way	The existing highway along the length shown hatched red between points (i) and (ii) on the access and rights of way plans (Document 2.3A).	New highway along the length tinted grey between points A and B on the access and rights of way plans (Document 2.3A).

PART 2 — STREETS TO BE PERMANENTLY STOPPED UP AND BECOME PRIVATE STREETS

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) Replacement private street
District of South Staffordshire and Parish of Penkridge	Gravelly Way	The existing highway along the length shown cross hatched green on the access and rights of way plans (Document 2.3C).	The new private road along the length shown cross hatched green on the access and rights of way plans (Document 2.3C).

SCHEDULE 5 — PUBLIC RIGHTS OF WAY

PART 1 — 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
District of South Staffordshire and Parish of Penkridge	Public footpath Penkridge 29	The length of existing footpath shown with a dashed red line between the points (iii) and (iv) on the access and rights of way plans (Document 2.3A).

PART 2 — NEW PUBLIC RIGHT OF WAY TO BE CREATED

(1) Area	(2) Public right of way to be created	(3) Extent of new public right of way	(4) Stage of the authorised development
District of South Staffordshire and Parish of Penkridge	Footpath and cycle track	The length of footpath and cycle track shown coloured blue between points LL and AA on the access and rights of way plans (Document 2.3C).	No later than six months from the opening to public traffic of the A5/A449 link road.

SCHEDULE 6 — PRIVATE MEANS OF ACCESS

PART 1 — PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private Means of Access	(3) Stage of the Authorised Development
District of South Staffordshire	Field access to the west of the A449 shown with a green dot at point 1 on the access and rights of way plans (Document 2.3A and 2.3F).	Upon the opening to public traffic of the layby on the western side of the A449.
District of South Staffordshire	Field access to the east of the A449 shown with a green dot at point 2 on the access and rights of way plans (Document 2.3A and 2.3F).	Upon the opening to public traffic of the layby on the eastern side of the A449.
District of South Staffordshire	Field access to the south of the A5 shown with a green dot at point 3 on the access and rights of way plans (Document 2.3A and 2.3B).	Upon the commencement of construction of the roundabout at the junction of the A5 with the A5/A449 link road.
District of South Staffordshire	Access to Clovelly south of the A5 shown with a green dot at point 4 on the access and rights of way plans (Document 2.3A and 2.3B).	Upon the commencement of construction of the roundabout at the junction of the A5 with the A5/A449 link road.
District of South Staffordshire	Access to Fir Tree Cottage to the east of the A449 shown with a green dot at point 5 on the access and rights of way plans (Document 2.3E).	Upon the commencement of that part of the authorised development known as Zone A1 as shown on the parameters plans.
District of South Staffordshire	Field access to the east of the A449 shown with a green dot at point 6 on the access and rights of way plans (Document 2.3E).	Upon the commencement of that part of the authorised development known as Zone A1 as shown on the parameters plans.
District of South Staffordshire	Access to Croft Farm shown coloured purple between points FF and GG on the access and rights of way plans (Document 2.3A).	Upon the commencement of that part of the authorised development known as Zone A3 as shown in the parameters plans.
District of South Staffordshire	Access to Calf Heath Quarry shown coloured purple between points HH and II on the access and rights of way plans (Document 2.3B).	Upon the commencement of that part of the authorised development known as Zone A4a as shown on the parameters plans.

PART 2 — PRIVATE MEANS OF ACCESS TO BE CLOSED AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Extent	(3) Replacement	(4) Stage of the authorised development
District of South Staffordshire	Existing Gravelly Way between points KK and EEE shown purple on the access and rights of way plans (Document 2.3C).	(i) The private means of access shown hatched blue between points FFF and GGG and MM, FFF and GGG and NN, and FFF and GGG and HHH on the access and rights of way plans (Document 2.3C); and (ii) The private means of access shown hatched blue between points CCC and BBB and DDD and PP on the access and rights of way plans (Document 2.3C).	No later than the opening to public traffic of the A5/A449 link road.
District of South Staffordshire	Existing Gravelly Way between points EEE and JJ shown cross hatched purple on the access and rights of way plans (Document 2.3C).	(i) The private means of access shown hatched blue between points CCC and BBB on the access and rights of way plans (Document 2.3C); and (ii) The private means of access shown hatched blue between points DDD and PP on the access and rights of way plans (Document 2.3C).	No later than the opening to public traffic of the A5/A449 link road.
District of South Staffordshire	Existing Gravelly Way at point QQ shown purple on the access and rights of way plans (Document 2.3C).	(i) The private means of access shown hatched blue between points CCC and BBB on the access and rights of way plans (Document 2.3C); and (ii) The private means of access shown hatched blue between points DDD and PP on the access and rights of way plans (Document 2.3C).	No later than the opening to public traffic of the A5/A449 link road.

PART 3 — NEW PRIVATE MEANS OF ACCESS CREATED

(1) Area	(2) Private Means of Access	(3) Stage of the authorised development
District of South Staffordshire	The private footpath shown with a dashed orange line between points J and AAA on the access and rights of way plans (Document 2.3C).	No later than the opening to public traffic of the A5/A449 link road.
District of South Staffordshire	The private means of access shown hatched blue between points FFF and GGG and MM on the access and rights of way plans (Document 2.3C).	No later than the opening to public traffic of the A5/A449 link road.
District of South Staffordshire	The private means of access shown hatched blue between points FFF and GGG and NN on the access and rights of way plans (Document 2.3C).	Upon the commencement of that part of the authorised development known as Zone A3 as shown on the parameters plans.
District of South Staffordshire	The private means of access shown hatched blue between points FFF and GGG and HHH on the access and rights of way plans (Document 2.3C).	No later than the opening to public traffic of the A5/A449 link road.
District of South Staffordshire	The turning head for Avenue Cottages shown hatched blue at point RR on the access and rights of way plans (Document 2.3A and 2.3B).	Upon the commencement of that part of the authorised development known as Zone A4a as shown on the parameters plans.
District of South Staffordshire	Length of new road shown hatched blue between points V and DD on the access and rights of way plans (Document 2.3A and 2.3D).	Upon the completion of that part of the authorised development in Works No. 5 which is served by that length of road.
District of South Staffordshire	Length of new road between points SS and TT shown hatched blue on the access and rights of way plans (Document 2.3D and 2.3E).	Upon the occupation of that part of the authorised development known as Zone A6 as shown on the parameters plans.
District of South Staffordshire	New rail terminal access road between points WW and XX shown on the access and right of way plans (Document 2.3A and 2.3F).	Upon the occupation of that part of the authorised development known as Zone A5a as shown on the parameters plans.
District of South Staffordshire	Length of new road between points AA1 and YY shown on the access of rights of way plans (Document 2.3D).	Upon the completion of that part of the authorised development in Zones A7a, A7b and A7c as shown on the parameters plans.
District of South Staffordshire	Length of new road between points III and JJJ shown on the access and rights of way plans (Document 2.3A and 2.3F).	Upon the occupation of that part of the authorised development known as Zone A2 on the parameters plans.

SCHEDULE 7 — CLASSIFICATION OF NEW HIGHWAYS

(1) Area	(2) Extent of Street	(3) Classification	(4) Classes of Traffic
District of South Staffordshire	A5/A449 link road as shown tinted orange between points marked A and B on the highway classification plans (Document 2.13A).	Classified (County A road)	All purpose

SCHEDULE 8 — SPEED LIMITS

PART 1 — ROADS SUBJECT TO 30MPH SPEED LIMIT

(1) Location	(2) Length
A5/A449 link road	Shown coloured pink between points marked A and B as shown on the speed limits plans (Document 2.12A).
Vicarage Road link	Shown coloured pink between points marked C and C1 as shown on the speed limits plans (Document 2.12A and 2.12B).
Private Estate Roads	Shown coloured orange between points C and D as shown on the speed limits plans (Document 2.12B).
Private Estate Roads	Shown coloured orange between points marked C2 and C3 as shown on the speed limits plans (Document 2.12B).
Private Estate Roads	Shown coloured orange between points marked C4 and C5 as shown on the speed limits plans (Document 2.12B).
Private Estate Roads	Shown coloured orange between points marked E and E1 as shown on the speed limits plans (Document 2.12B).

PART 2 — ROADS SUBJECT TO 40MPH SPEED LIMIT

(1) Location	(2) Description
Vicarage Road	Shown coloured blue between points D and E, D and G and D and F as shown on the speed limits plans (Document 2.12B).
Vicarage Road	Shown coloured blue between points F and G on the speed limits plans (Document 2.12B).

PART 3 — ROADS SUBJECT TO 50MPH SPEED LIMIT

(1) Location	(2) Description
A5/A449 link road	Shown coloured yellow between points marked B and B1 as shown on the speed limits plans (Document 2.12A)
A5	Shown coloured yellow between points marked H and I as shown on the speed limits plans (Document 2.12A)

PART 4 — ROADS SUBJECT TO 60MPH SPEED LIMIT

(1) Location	(2) Description
A5/A449 link road	Shown coloured green between points marked A and A1 as shown on the speed limits plans (Document 2.12A)
A449	Shown coloured green between points marked J and K as shown on the speed limits plans (Document 2.12A and 2.12C)
Crateford Lane	Shown coloured green between points marked L and L1 as shown on the speed limits plans (Document 2.12A)
Vicarage Road	Shown coloured purple between points F and F1 as shown on the speed limits plans (Document 2.12B)
Vicarage Road	Shown coloured purple between points G and G1 as shown on the speed limits plans (Document 2.12B)

SCHEDULE 9 — TRAFFIC REGULATION

PART 1 — AMENDMENTS TO EXISTING ORDERS

(1) Statutory Instrument/ Order Title	(2) Statutory Instrument Number if applicable	(3) Changes	(4) Event
The Worcester-Wolverhampton South of Stafford Trunk Road (Prohibition of Waiting) (Clearways) Order 1965	1965 No. 427	New side road Terminals Signs to be added to Highways Agency Drawing M91226008/A449_02 at A5/A449 link road.	Upon the opening of the A449 roundabout to public traffic as shown on the highway general arrangement plans (Document 2.9C).
The Worcester-Wolverhampton South of Stafford Trunk Road (Prohibition of Waiting) (Clearways) Order 1965	1965 No. 427	Prohibition of waiting on verges along the section of the A5 between points AA and BB as shown on the traffic regulation plans (Document 2.11A).	Upon the commencement of construction of the A5 roundabout as shown on the highway general arrangement plans (Document 2.9G).
The Trunk Road (A449) (Stafford Road, Coven Heath) (Clearway) Order 1986	1986 No. 885	New side road Terminals Signs to be added to Highways Agency Drawing M91226008/A449_02 at A5/A449 link road.	Upon the opening of the A449 roundabout to public traffic as shown on the highway general arrangement plans (Document 2.9C).
The Trunk Road (A449) (Stafford Road, Coven Heath) (Clearway) Order 1986	1986 No. 885	Prohibition of waiting on verges along the section of the A449 between points CC and DD as shown on the traffic regulation plans (Document 2.11A and 2.11D).	Upon the commencement of construction of the relocated A449 laybys as shown on the highway general arrangement plans (Document 2.9E).
The London-Holyhead Trunk Road (Prohibition of Waiting) (Clearways) Order 1969	1969 No. 1576	New side road Terminals Signs to be added to Highways Agency Drawing M91226005/DRA5E_01 at new junction with A5/A449 link road.	Upon the opening of the A5 roundabout to public traffic as shown on the highway general arrangement plans (Document 2.9G).
The London-Holyhead Trunk Road (Prohibition of Waiting) (Clearways) Order 1969	1969 No. 1576	Prohibition of waiting on verges along the section of the A5 between points AA and BB as shown on the traffic regulation plans (Document 2.11A).	Upon the commencement of construction of the A5 roundabout as shown on the highway general arrangement plans (Document 2.9G).
The West Midlands Trunk Road (Prohibition of Waiting) (Clearways) Amendment Order 1989	1989 No. 1037	New side road Terminals Signs to be added to Highways Agency Drawing M91226005/DRA5E_01 at new junction with A5/A449 link road.	Upon the opening of the A5 roundabout to public traffic as shown on the highway general arrangement plans (Document 2.9G).
The West Midlands Trunk Road (Prohibition of Waiting) (Clearways) Amendment Order 1989	1989 No. 1037	Prohibition of waiting on verges along the section of the A449 between points CC and DD as shown on the traffic regulation plans (Document 2.11A and 2.11D).	Upon the commencement of construction of the relocated A449 laybys as shown on the highway general arrangement plans (Document 2.9E).

PART 2 — CLEARWAYS

(1) Location	(2) Description	(3) Inclusion prohibition of waiting on verges?	(4) Event
A5/A449 link road	Shown coloured pink between points A and B on the traffic regulation plans (Documents 2.11A and 2.11B).	No	Upon the opening of the A5/A449 link road to public traffic as shown on the highway general arrangement plans (Documents 2.9C, 2.9D, 2.9H and 2.9G).
A5/A449 link road	Shown with a dashed green line between points C and D on the traffic regulation plans (Documents 2.11A and 2.11B).	Yes	Upon the opening of the A5/A449 link road to public traffic as shown on the highway general arrangement plans (Documents 2.9C, 2.9D, 2.9H and 2.9G).
A5/A449 link road roundabout with Vicarage Road link	Shown coloured green between points E and F on the traffic regulation plans (Documents 2.11A and 2.11B).	No	Upon the opening of the A5/A449 link road roundabout with Vicarage Road link to public traffic as shown on the highway general arrangement plans (Document 2.9H).
A5/A449 link road roundabout with Vicarage Road link	Shown dashed green at between points G and H on the traffic regulation plans (Documents 2.11A and 2.11B).	Yes	Upon the opening of the A5/A449 link road roundabout with Vicarage Road link to public traffic as shown on the highway general arrangement plans (Document 2.9H).
Vicarage Road Roundabout	Shown coloured orange at point I on the traffic regulation plans (Document 2.11B).	No	Upon the opening of the Vicarage Road roundabout to public traffic as shown on the highway general arrangement plans (Document 2.9I).
Vicarage Road Roundabout	Shown dashed green at point J on the traffic regulation plans (Document 2.11B).	Yes	Upon the opening of the Vicarage Road roundabout to public traffic as shown on the highway general arrangement plans (Document 2.9I).

PART 3 — NO WAITING AT ANY TIME

(1) Location	(2) Length	(3) Event
Station Drive turning head	Between points K, L and M as shown with a dark blue line on the traffic regulation plans (Document 2.11C).	Opening of the Station Drive turning head as shown on the highway general arrangement plans (Document 2.9A).
Bus stops on the A5/A449 link road	Between points N and O and P and Q shown with a dark blue line on the traffic regulation plans (Documents 2.11A and 2.11B).	Opening of the A5/A449 link road bus stops as shown on highway general arrangement plans (Documents 2.9D and 2.9H).
Bus stops on the A449	Between points R and S and T and U shown with a yellow line on the traffic regulation plans (Documents 2.11A and 2.11C).	Opening of the A449 roundabout as shown on the highway general arrangement plans (Document 2.9C).

PART 4 — LIMITED WAITING

(1) Location	(2) Length	(3) Event
A449 Laybys	Between points V and W and X and Y as shown with a purple line on the traffic regulation plans (Document 2.11A).	Opening of the northbound A449 laybys as shown on the highway general arrangement plans (Document 2.9E).

PART 5 — PROHIBITED MOVEMENTS

(1) Location	(2) Length	(3) Description
Avenue Cottage access on to A5	At the point shown with a light blue arrow and marked 1 at the Avenue Cottage access on to the A5 on the traffic regulation plans (Document 2.11A).	No right turn on to the A5
A5	At the point shown with a light blue arrow and marked 2 on the A5 east-bound on the traffic regulation plans (Document 2.11A).	No right turn in to Avenue Cottages
Harrisons Lane access on to A5	At the point shown with a light blue arrow and marked 3 at the Harrisons Lane access on to the A5 on the traffic regulation plans (Document 2.11A).	No right turn on to the A5
A5	At the point shown with a light blue arrow and marked 4 on the A5 west-bound on the traffic regulation plans (Document 2.11A).	No right turn in to Harrisons Lane
Poplars access on to A5	At the point shown with a light blue arrow and marked 5 at the Poplars access on to the A5 on the traffic regulation plans (Document 2.11A).	No right turn on to the A5
A5	At the point shown with a light blue arrow and marked 6 at the Poplars access on to the A5 on the traffic regulation plans (Document 2.11A).	No right turn in to the Poplars
A449	At the point shown with a light blue arrow and marked 7 on the A449 north-bound on the traffic regulation plans (Document 2.11C).	No right turn in to Station Drive
A5	At the point shown with a blue dot on the A5 east-bound on the traffic regulation plans (Document 2.11A).	No U-turns
A449	At the points marked 8, 9 and 10 with red dots on the A449 as shown on the traffic regulation plans (Document 2.11A).	No access through central reservation

PART 6 — ONE WAY STREET

(1) Location	(2) Length	(3) Direction
Crateford Lane	From point Z to point Z1 along the centre line shown with a red line and arrow on the traffic regulation plans (Document 2.11A).	West to East only

SCHEDULE 10 — 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 South Staffordshire	87a	Temporary compound for pylon works north of the A5.	Works No. 9a
District of South Staffordshire	87b	Temporary compound for pylon works north of the A5.	Works No. 9a

SCHEDULE 11 — LAND IN WHICH NEW RIGHTS MAY BE CREATED

(1) Area	(2) Plot of land shown on land plan	(3) Relevant part of the authorised development
District of South Staffordshire	74, 76 and 78	Works No. 6
District of South Staffordshire	87	Works No. 9a
District of South Staffordshire	97	Works Nos. 7 and 11
District of South Staffordshire	98	Works No. 11

SCHEDULE 12 — 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 set out in this Schedule 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 paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

• (2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) (powers of entry) of the 1965 Act (as modified by paragraph 5(5) of Schedule 12 to the West Midlands Rail Freight Interchange Order 2020 ); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 12 to the West Midlands Rail Freight Interchange Order 2020) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purposes of excising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraph (2).

• (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 5(3)—

• (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 ”.

Application of Part 1 of the 1965 Act

4

Part 1 of the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act, and modified by article 30 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under article 24 (compulsory acquisition of land) applies to the compulsory acquisition of a right by the creation of a new right under article 25 (compulsory acquisition of rights)—

• (a) with the modifications specified in paragraph 5; and

• (b) with other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 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.

• (3) For section 7 (measure of compensation) of the 1965 Act 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.

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

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

• (b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

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

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

• (5) Section 11 (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 24 (compulsory acquisition of land), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on a specified date), 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

• (6) Section 20 (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.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act, as modified by article 30(2) (modification of Part 1 of the 1965 Act) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 substitute—

SCHEDULE 2A (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 31 (application of the 1981 Act) of the West Midlands Rail Freight Interchange Order 2020 in respect of the land to which the notice to treat relates. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the acquiring authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the use to be made of the right proposed to be acquired, and (c) if 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 of the other land. (12) If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 13 — PROTECTIVE PROVISIONS

PART 1 — FOR PROTECTION OF RAILWAY INTERESTS

1

The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and Network Rail and, in the case of paragraph 15 of this Part of this Schedule, any other person on whom rights or obligations are conferred by that paragraph.

2

In this Part of this Schedule—

• “construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” are to be construed accordingly;

• “the engineer” means an engineer appointed by Network Rail for the purposes of this Order;

• “network licence” means the network licence, as the same is amended from time to time, granted to Network Rail Infrastructure Limited by the Secretary of State in exercise powers under section 8 (licences) of the Railways Act 1993⁸¹;

• “Network Rail” means Network Rail Infrastructure Limited and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 (meaning of “subsidiary” etc.) of the Companies Act 2006⁸²) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

• “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

• “railway property” means any railway belonging to Network Rail and— any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; and any easement or other property interest held or used by Network Rail for the purposes of such railway or works, apparatus or equipment; and

• “specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

3

• (1) Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—

• (a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

• (b) use its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.

4

• (1) The undertaker must not exercise the powers conferred by articles 22 (authority to survey and investigate the land), 24 (compulsory acquisition of land), 25 (compulsory acquisition of rights), 27 (power to override easements and other rights), 34 (temporary use of land for carrying out the authorised development) and 35 (temporary use of land for maintaining the authorised development) or the powers conferred by section 11(3) (powers of entry) of the 1965 Act in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

• (2) The undertaker must not, in the exercise of the powers conferred by this Order, prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

• (3) The undertaker must not exercise the powers conferred by sections 271 or 272⁸³ of the 1990 Act or article 32 (statutory undertakers and operators of the electronic communications code network), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

• (4) The undertaker must not, under the powers of this Order, acquire or use, or acquire new rights over, any railway property except with the consent of Network Rail.

• (5) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.

5

• (1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration under article 47 (arbitration).

• (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated his disapproval of those plans and the grounds of his disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate his approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated his approval or disapproval, he is deemed to have approved the plans as submitted.

• (3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

• (4) When signifying his approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in his opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation, de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to his reasonable satisfaction.

6

• (1) Any specified work and any protective works to be constructed by virtue of paragraph 5(4) of this Part of this Schedule must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 5;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.