Legalize / United Kingdom / Statutory-Instrument

The A63 (Castle Street Improvement, Hull) Development Consent Order 2020

Type Statutory-Instrument

Publication 2020-05-28

Last updated 2020-10-29

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

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

Operational land for purposes of the 1990 Act

38

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

Defence to proceedings in respect of statutory nuisance

39

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

(a) the defendant shows that the nuisance—

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

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

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

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protection of interests

40

Schedule 8 (protective provisions) has effect.

Certification of documents, etc.

41

(1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 9 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 9 requires to be amended to reflect the terms of the Secretary of State's decision to make the Order, that plan or document in the form amended to the Secretary of State's satisfaction is the version of the plan or document required to be certified under paragraph (1).

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

Service of notices

42

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 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 will be taken to be fulfilled only where—

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

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

(d) 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 will 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 will take 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 will not be taken to 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

43

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.

Crown rights

44

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any licensee—

(a) to take, use, enter upon or in any manner interfere with any land or rights of any description—

(i) belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

(ii) belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

(iii) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department; or

(b) to exercise any right under this Order compulsorily to acquire an interest in any land which is Crown Land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown without the consent in writing of the appropriate Crown authority (as defined in the 2008 Act).

(2) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions, and is deemed to have been given in writing where it is sent electronically.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

A nationally significant infrastructure project as defined in sections 14 and 22[^f00070] of the 2008 Act, and associated development as defined in section 115 of the 2008 Act, comprising:

In the administration area of East Riding of Yorkshire

Work No.1 — The construction of Livingstone Road materials compound site.

In the administration area of Kingston upon Hull

Work No.2 — Eastbound vehicle recovery lay-by located on north side A63 Clive Sullivan Way to west of St Andrews Quay.

Work No.3 — The diversion of statutory undertakers’ apparatus (BT) along West Dock Street, Goulton Street and Daltry Street.

Work No.4 — Improvement of access and land at Neptune Street for use as a site compound and vehicle recovery site.

Work No.5 — The improvement and realignment of the existing dual carriageway of the A63 commencing at its junction with Ropery Street, and terminating at a point 130 metres east of its junction with Market Place. Works to Trinity Burial Ground – archaeology, exhumation and re-interring of exhumed remains.

Work No.6 — The diversion of statutory undertakers’ apparatus (BT) across the A63 Hessle Road and along Porter Street and Osbourne Street.

Work No.7 — The construction of St James’ Street turning head.

Work No.8 — The diversion of statutory undertakers’ apparatus (KCOM) across the A63 Hessle Road and along St James Street, Lister Street, Kingston Street and Commercial Road.

Work No.9 — The demolition of the Arco premises and clearance of land for use as a site compound.

Work No 10. — The diversion of statutory undertakers’ apparatus (YW sewer) along Waverley Street, Arco’s site and across and along the north side of A63 Hessle Road to Cogan Street.

Work No.11. — The diversion of statutory undertakers’ apparatus (BT and KCOM) along Porter Street, Adelaide Street, Amy Johnson Court and Ferensway and along the A63 Castle Street to Waterhouse Lane.

Work No.12 — The construction of a new bridge over the A63 Hessle Road between St. James Street and Porter Street.

Work No.13 — The demolition of the existing Myton Centre, construction of temporary car park and construction of green space.

Work No.14 — The construction of a new eastbound A63 off-slip and retaining wall, to the west of Mytongate Junction.

Work No.15 — The construction of a new westbound A63 on-slip and retaining wall, to the west of Mytongate Junction.

Work No.16 — The construction of a new access road from Lister Street to local businesses.

Work No.17 — The construction of a new turning head at William Street and the provision of a new landscaped area at William Street and Cogan Street.

Work No.18 — Not used.

Work No.18A — Working room for construction.

Work No.18B — Alterations to Kingston Retail Park Car Park.

Work No.19 — The improvement of the existing dual carriageway of the A1079 Ferensway to the north of Mytongate Junction. The construction of a new dual carriageway on a bridge over the A63 to extend the A1079 across Mytongate Junction. The improvements to Commercial Road to the south of Mytongate Junction.

Work No.20 — The construction of a new eastbound A63 on-slip and retaining wall, to the east of Mytongate Junction.

Work No.21 — Not used.

Work No.22 — Replacing existing potable water main along the north side of the A63 Castle Street to the east of Mytongate Junction.

Work No.23 — The diversion of statutory undertakers’ apparatus (YW sewer) from Commercial Road, along the south side of Trinity Burial Ground and across and along the A63 Castle Street to Myton Street.

Work No.24 — Trinity Burial Ground compound location, construction of pumping station, gas governor and Northern Powergrid substation.

Work No.25 — Statutory undertakers (KCOM) diversion works along Myton Street, Carr Lane and Princes Dock Street.

Work No.26 — Alterations to Holiday Inn car park, access, internal roads and amendments to the existing drainage arrangements.

Work No.27 — The construction of a new westbound A63 off-slip and retaining wall, to the east of Mytongate Junction. Work to Trinity Burial Ground – archaeology, exhumation and re-interring of exhumed remains.

Work No.28 — Works to Trinity Burial Ground – archaeology, exhumation and re-interring of exhumed remains, re-alignment of internal path and construction of a new retaining wall.

Work No.29 — Construction of main office compound at Wellington Street West.

Work No.30 — Work to listed buildings – Castle buildings and Earl de Grey public house; demolition of the Earl de Grey public house and partially rebuilding 3 metres to the north of existing position; and installation of vibration monitoring equipment at Castle buildings.

Work No.31 — The construction of a new bridge over the A63 between Princes Quay shopping centre and Humber Dock.

Work No.32 — Offset archaeological investigation works at Princes Dock Street.

Work No.33 — Minor improvement works to the existing Old Town area including, Fish Street, Dagger Lane, Vicar Lane, South Church Side, and Posterngate.

Work No.34 — Construction of turning head and improvements to Humber Dock Street.

Work No.35 — The construction of a new westbound A63 on-slip to the west of Queen Street.

Work No.36 — The construction of a new eastbound A63 off-slip to the west of Market Place.

Work No.37 — The improvement of Queen Street to the south of its junction with the A63.

Work No.38 — The improvement of Market Place to the north of its junction with the A63.

Work No.39 — The construction of a new eastbound A63 on-slip to the east of Market Place.

Work No.40 — The construction of a new westbound A63 off-slip to the east of Queen Street.

Work No.41 — The improvement of Myton Bridge underpass on High Street.

Work No.42 — Westbound vehicle recovery lay-by located on south side A63 Roger Millward Way to west of Plimsoll Way.

Work No.43 — Not used.

Work No.44 — Not used.

Work No.45 — Not used.

Work No.46 — Construction of a surface water rising main from the new underpass pumping station to the existing sewer on Commercial Road.

In connection with the construction of any of those works, further development within the Order limits consisting of—

(a) alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level or increasing the width of any such kerb, footpath, footway, cycle track or verge; and reducing the width of the carriageway of the street;

(b) works required for the strengthening, improvement, maintenance, or reconstruction of any street;

(d) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, outfalls, ditches, pollution control devices, wing walls, highway lighting, fencing and culverts;

(e) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;

(f) works to place, alter, divert, relocate, remove or maintain the position of apparatus, services, plant and other equipment in a street, or in other land, including mains, sewers, drains, pipes, lights and cables;

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

(h) landscaping, noise barriers, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

(j) works to place, alter, remove or maintain road furniture;

(k) 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);

(l) the felling of trees and hedgerows;

(m) establishment of site construction compounds, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction lighting, haulage roads and other machinery, apparatus, works and conveniences;

(n) the provisions of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development; and

(o) such other works, working sites storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development which do not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

“contaminated land” has the same meaning as that given in section 78A (preliminary) of the Environmental Protection Act 1990 ;

“European protected species” has the same meaning as in regulation 40 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 ;

“HEMP” means the handover environmental management plan;

“the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England, or any equivalent replacement published for that document;

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981 ; and

“REAC” means the register of environmental actions and commitments (Annex B to the OEMP with document reference TR010016/APP/6.11).

Time limits

2

The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.

Detailed design

3

(1) The authorised development must be designed in detail and carried out in accordance with the preliminary scheme design shown on the engineering drawings and sections unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its functions, provided that the Secretary of State is satisfied that any amendments to the engineering drawings and sections showing departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

Construction and handover environmental management plan

4

(1) No part of the authorised development is to commence until a CEMP, substantially in accordance with the OEMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority to the extent that it relates to matters relevant to its function.

(2) The CEMP must be written in accordance with ISO14001 and must—

(a) reflect the mitigation measures set out in the REAC;

(b) contain a record of all sensitive environmental features that have the potential to be affected by the construction of the proposed development;

(c) require adherence to working hours of 07:30–18:00 Mondays to Fridays and 08:00–13:00 on Saturday and no working on Sundays or Bank Holidays except for—

(i) night-time closures for bridge demolition and installation;

(ii) any oversize deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation;

(iii) junction tie-in works;

(iv) removal of overhead power lines;

(v) overnight traffic management measures; or

(vi) cases of emergency,

unless otherwise agreed by the relevant planning authority in advance;

(d) include the following management plans—

(i) Archaeological Project Design (APD);

(ii) Arboricultural Implications Assessment (AIA);

(iii) Arboricultural Method Statement (AMS);

(iv) Landscape and Ecology Management Plan (LEMP);

(v) Handover Environmental Management Plan (HEMP);

(vi) Marine Mammal Mitigation Plan (MMMP);

(vii) Groundwater Monitoring Plan (GMP);

(viii) Erosion Prevention and Sediment Control Plan (ESPCP);

(ix) Noise and Vibration Management Plan (NVMP);

(x) Materials Management Plan (MMP);

(xi) Site Waste Management Plan (SWMP);

(xii) Foundation Works Risk Assessment (FWRA);

(xiii) Materials Logistics Plan (MLP);

(xiv) Community Relations Strategy (CRS);

(xv) Traffic and Transport Management Plan (TTMP);

(xvi) Flood Evacuation Plan (FEP); and

(xvii) Flood Emergency and Evacuation Plan (FEEP).

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

(4) A HEMP must be developed and completed by the end of construction, commissioning and handover stage of the authorised development, in accordance with the process set out in the approved CEMP.

(5) The HEMP must address the matters set out in the approved CEMP that are relevant to the operation and maintenance of the authorised development and must contain—

(a) the environmental information needed for the future maintenance and operation of the authorised development;

(b) 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; and

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

Landscaping

5

(1) No part of the authorised development is to commence until a landscaping scheme which sets out details of all proposed hard and soft landscaping works has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

(2) The landscaping scheme must reflect the mitigation measures set out in the REAC and must be based on the illustrative environmental masterplan annexed to the environmental statement.

(3) The landscaping scheme prepared under sub-paragraph (1) must include details of—

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

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

(d) proposed finished ground levels; and

(e) implementation timetables for all landscaping works.

(4) 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.

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

Contaminated land and groundwater

6

(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination which includes consideration of whether construction, either in whole or in part, should be halted and appropriate timescales for remediation in consultation with the relevant planning authority and the Environment Agency.

(2) Where the undertaker determines that remediation of the contaminated land 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 the Secretary of State for approval, and the Secretary of State will consult the relevant planning authority and the Environment Agency on matters related to their functions before giving such approval.

(3) Where it has been determined under sub-paragraph (1) that development, either in whole or in part, should be halted, development may not re-commence until—

(i) the written scheme and programme for remedial measures in sub-paragraph (2) has been approved by the Secretary of State; and

(ii) any works identified in the approved scheme as necessary before recommencement have been carried out.

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

Protected species

7

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

(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

(a) a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

(b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

(c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

(3) If the relevant works require a protected species licence, the undertaker must consult with Natural England on the scheme referred to in sub-paragraph (2) prior to submission to the Secretary of State for approval.

(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation with Natural England, and under any necessary licences.

Surface and foul water drainage

8

(1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the relevant planning authority and the Environment Agency on matters related to their functions.

(2) The surface and foul water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the Environment Agency on matters related to their functions, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Archaeological remains

9

(1) No part of the authorised development is to commence until for that part a written scheme for the investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the REAC, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

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

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

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and notice served on the relevant planning authority as soon as reasonably practicable from the date they are identified.

(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date of any notice served under sub-paragraph (4) unless otherwise agreed in writing by the relevant planning authority.

(6) If the relevant planning authority determines in writing 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 which have been submitted in writing to, and approved in writing by, the relevant planning authority.

Traffic management

10

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

(2) The authorised development must be constructed in accordance with the traffic and transport management plan referred to in sub-paragraph (1).

Amendments to approved details

11

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

Fencing and barriers

12

(1) Any permanent or temporary fencing, barriers or other means of enclosure for the authorised development must be constructed and installed in accordance with Volume 1, Series 0300 (for fencing) and Volume 1 Series 0400 (for road restraints) of the Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.

(2) No part of Work No.5 is to commence until details and specifications for the scale, design and materials of the central reserve vehicle restraint system, including any associated fence, barrier, wall or other means of enclosure, have been submitted to and approved by the Secretary of State following consultation with the relevant planning authority on matters related to its function.

(3) The central reserve vehicle restraint system, including any associated fence or barrier must be constructed in accordance with the approved details, unless the Secretary of State, following consultation with the relevant planning authority on matters related to its function, gives consent to any variation.

Pumping station

13

(1) No part of the authorised development is to commence until the following details for the pumping station forming part of Work No.24 have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency on matters related to their functions—

(a) siting;

(b) scale;

(d) materials;

(e) landscaping;

(f) means of enclosure;

(g) flood risk resistance measures to be incorporated to a minimum level of 4.0m above ordnance datum;

(h) flood risk resilience measures to be incorporated to a minimum level of 4.0m above ordnance datum.

(2) The pumping station must be constructed in accordance with the approved details unless the Secretary of State, following consultation with the relevant planning authority and the Environment Agency on matters related to their functions, gives consent to any variation.

Earl de Grey public house

14

(1) None of the works to the Earl de Grey public house set out in Schedule 1, Work No.30 are to commence until—

(a) details of the reconstruction or partial reconstruction of the building; and

(b) a method statement describing full details of how the Earl de Grey public house is to be—

(i) structurally assessed;

(ii) recorded in situ to level 4 building recording in accordance with Historic England guidance;

(iii) dismantled, including compiling an inventory of all building materials to be re-used, and justification for excluding any historic fabric;

(iv) stored; and

(v) reconstructed; and

have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and Historic England on matters related to their functions.

(2) The works to the Earl de Grey public house must be carried out in accordance with the approved details unless the Secretary of State, following consultation with the relevant planning authority and Historic England on matters related to their functions gives consent to a variation.

Replacement green space

15

(1) None of the works to the replacement green space set out in Schedule 1, Work No.13 are to commence until—

(a) details of the design of the replacement green space, including hard and soft landscaping;

(b) details of the phasing of the works; and

have been submitted to and approved by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

(2) The works shall be carried out and the open space handed over to the local authority in accordance with the approved details.

Beverley Gate Scheduled Monument

16

(1) No works affecting the Beverley Gate Scheduled Monument may commence until a methodology and appropriate archaeological strategy for those works has been agreed with Historic England.

(2) Those works must be carried out in accordance with the agreed methodology and appropriate archaeological strategy.

(3) In this paragraph, “works” has the meaning given in section 2(2) (control of works affecting scheduled monuments) of the Ancient Monuments and Archaeological Areas Act 1979 .

High Street underpass works

17

(1) Work No.41 is not to commence until the following details of the improvements to the High Street underpass have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function—

(a) design;

(b) materials;

(d) means of enclosure;

(e) lighting;

(f) wayfinding and interpretation;

(g) public art which for the avoidance of doubt shall not include the use of paint on any highway structures and shall not be visible to drivers on the A63;

(h) CCTV.

(2) The underpass improvement works must be undertaken before the commencement of any of Works numbers 35, 36, 37, 38, 39, or 40 as set out within Schedule 1, and in accordance with the approved details, unless the Secretary of State, following consultation with the relevant planning authority on matters related to its function, gives consent to any variation.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

18

(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order the Secretary of State must give notice to the undertaker of the 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; or

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 19; 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;

(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 report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

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

(4) Where any requirement in this Order requires the undertaker to consult with the relevant planning authority, the undertaker must—

(a) not less than 21 days before making the application referred to in sub-paragraph (1)(a) provide all information to the relevant planning authority subsequently to be submitted to the Secretary of State as constituting the undertaker's proposed application;

(b) give due consideration to any representations made by the relevant planning authority about the proposed application; and

(c) include with its application to the Secretary of State copies of any representations made by the relevant planning authority about the proposed application, and a written account of how any such representations have been taken into account in the submitted application.

Further information

19

(1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to 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.

(3) In the event that the Secretary of State does not give such notification within that 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.

(4) 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 18 (applications made under requirements) and in this paragraph.

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

Register of requirements

20

(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.

Anticipatory steps towards compliance with any requirement

21

If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

PART 1 — TRUNK ROADS

(1) Road	(2) Extent
A63 Eastbound off-slip Kingston Upon Hull	A63 Eastbound off-slip from point 3/3 to point 3/12 on the Streets, Rights of Way and Access Plans Sheet 3.
A63 Eastbound on-slip Kingston Upon Hull	A63 Eastbound on-slip from point 3/14 to point 5/2 on the Streets, Rights of Way and Access Plans Sheet 3 and Sheet 5.
A63 Westbound off-slip Kingston Upon Hull	A63 Westbound off-slip from point 5/1 to point 3/20 on the Streets, Rights of Way and Access Plans Sheet 3 and Sheet 5
A63 Westbound on-slip Kingston Upon Hull	A63 Westbound on-slip from point 3/15 to point 3/4 on the Streets, Rights of Way and Access Plans Sheet 3.
A63 Eastbound Market Place off-slip Kingston Upon Hull	A63 Eastbound Market Place off-slip, from point 5/23 to point 5/24 on the Streets, Rights of Way and Access Plans Sheet 5
A63 Eastbound Market Place on-slip Kingston Upon Hull	A63 Eastbound Market Place on-slip, from point 5/32 to point 5/33 on the Streets, Rights of Way and Access Plans Sheet 5
A63 Westbound Queen Street off-slip Kingston Upon Hull	A63 Westbound Queen Street off-slip, from point 5/30 to point 5/29 on the Streets, Rights of Way and Access Plans Sheet 5
A63 Westbound Queen Street on-slip Kingston Upon Hull	A63 Westbound Queen Street on-slip, from point 5/27 to point 5/26 on the Streets, Rights of Way and Access Plans Sheet 5
A63 Mainline Kingston Upon Hull	A63 from point 2/1 to point 5/34 on the Streets, Rights of Way and Access Plans Sheet 2, Sheet 3 and Sheet 5

PART 2 — OTHER ROAD CLASSIFICATIONS

(1) Road	(2) Extent	(3) Classification
St James Street Kingston Upon Hull	St James Street from point 3/1 to point 3/2 on the Streets, Rights of Way and Access Plans Sheet 3	Unclassified
Proposed highway from Lister Street Kingston Upon Hull	Proposed highway from Lister Street, from point 3/5 to point 3/6 on the Streets, Rights of Way and Access Plans Sheet 3	Unclassified
William Street Kingston Upon Hull	William Street, from point 3/8 to points 3/7 and 3/9 on the Streets, Rights of Way and Access Plans Sheet 3	Unclassified
William Street and Cogan Street Kingston Upon Hull	Cogan Street, from point 3/10 to point 3/11 on the Streets, Rights of Way and Access Plans Sheet 3	Unclassified
Ferensway Kingston Upon Hull	Ferensway, from point 4/1 to point 3/13 on the Streets, Rights of Way and Access Plans Sheet 3 and Sheet 4	A-road
Mytongate Junction Kingston Upon Hull	Mytongate Junction, from point 3/13 to point 3/19 on the Streets, Rights of Way and Access Plans Sheet 3	A-road
Commercial Road Kingston Upon Hull	Commercial Road, from point 3/19 to point 3/16 on the Streets, Rights of Way and Access Plans Sheet 3	Classified un-numbered
Myton Street Kingston Upon Hull	Myton Street, from point 3/21 to point 3/22 on the Streets, Rights of Way and Access Plans Sheet 3	Unclassified
Princes Dock Street Kingston Upon Hull	Princes Dock Street from point 5/3 to point 5/4 and from point 5/5 to point 4/2 on the Streets, Rights of Way and Access Plans Sheet 4 and Sheet 5	Unclassified
Humber Dock Street Kingston Upon Hull	Humber Dock Street from point 5/6 to point 5/7 on the Streets, Rights of Way and Access Plans Sheet 5	Unclassified
Posterngate Kingston Upon Hull	Posterngate from point 5/13 to point 5/14 on the Streets, Rights of Way and Access Plans Sheet 5	Unclassified
Dagger Lane Kingston Upon Hull	Dagger Lane, from point 5/9 to point 5/10 on the Streets, Rights of Way and Access Plans Sheet 5	Unclassified
Dagger Lane Turning Head Kingston Upon Hull	Dagger Lane, from point 5/11 to point 5/12 on the Streets, Rights of Way and Access Plans Sheet 5	Unclassified
Fish Street Turning Head Kingston Upon Hull	Fish Street from point 5/15 to point 5/16 on the Streets, Rights of Way and Access Plans Sheet 5	Unclassified
South Church Side Kingston Upon Hull	South Church Side from point 5/21 to point 5/22 on the Streets, Rights of Way and Access Plans Sheet 5	Unclassified
Vicar Lane Turning Head Kingston Upon Hull	Vicar Lane from point 5/19 to point 5/20 on the Streets, Rights of Way and Access Plans Sheet 5	Unclassified
Market Place Kingston Upon Hull	Market Place, from point 5/24 to point 5/25 and from point 5/31 to point 5/32 on the Streets, Rights of Way and Access Plans Sheet 5	Classified un-numbered
Queen Street Kingston Upon Hull	Queen Street, from point 5/28 to point 5/27 and point 5/29 on the Streets, Rights of Way and Access Plans Sheet 5	Unclassified

PART 3 — ROADS SUBJECT TO 30 MILES PER HOUR LIMIT

(1) Area	(2) Length of road
A63 Eastbound off-slip Kingston Upon Hull	A63 Eastbound off-slip from point 3/8 to point 3/12 on the Traffic Regulation Plans Sheet 3
A1079 Ferensway and Commercial Road Kingston Upon Hull	A1079 Ferensway and Commercial Road from point 4/1 to point 3/13 on the Traffic Regulation Plans Sheet 3 and Sheet 4
A63 Eastbound on-slip Kingston Upon Hull	A63 Eastbound on-slip from point 3/15 to point 5/5 on the Traffic Regulation Plans Sheet 3 and Sheet 5
A63 Westbound off-slip Kingston Upon Hull	A63 Westbound off-slip from point 3/19 to point 3/16 on the Traffic Regulation Plans Sheet 3
A63 Westbound on-slip Kingston Upon Hull	A63 Westbound on-slip from point 3/14 to point 3/6 on the Traffic Regulation Plans Sheet 3
Myton Street Kingston Upon Hull	Myton Street from point 3/17 to point 3/18 on the Traffic Regulation Plans Sheet 3
A63 Eastbound Market Place off-slip Kingston Upon Hull	A63 Eastbound Market Place off-slip, from point 5/34 to point 5/25 on the Traffic Regulation Plans Sheet 5
A63 Eastbound Market Place on-slip Kingston Upon Hull	A63 Eastbound Market Place on-slip, from point 5/28 to point 5/35 on the Traffic Regulation Plans Sheet 5
A63 Westbound Queen Street off-slip Kingston Upon Hull	A63 Westbound Queen Street off-slip, from point 5/37 to point 5/30 on the Traffic Regulation Plans Sheet 5
A63 Westbound Queen Street on-slip Kingston Upon Hull	A63 Westbound Queen Street on-slip, from point 5/27 to point 5/36 on the Traffic Regulation Plans Sheet 5

PART 4 — ROADS SUBJECT TO 40 MILES PER HOUR LIMIT

(1) Area	(2) Length of road
A63 Eastbound Kingston Upon Hull	A63 Eastbound from point 2/1 to point 5/32 on the Traffic Regulation Plans Sheet 3 and Sheet 5
A63 Westbound Kingston Upon Hull	A63 Westbound from point 5/33 to point 2/2 on the Traffic Regulation Plans Sheet 3 and Sheet 5
A63, Mytongate Junction Eastbound off-slip Kingston Upon Hull	A63, Mytongate Junction Eastbound off-slip, from point 3/7 to point 3/8 on the Traffic Regulation Plans Sheet 3
A63, Mytongate Junction Eastbound on-slip Kingston Upon Hull	A63, Mytongate Junction Eastbound on-slip, from point 5/5 to point 5/6 on the Traffic Regulation Plans Sheet 5
A63, Mytongate Junction Westbound off-slip Kingston Upon Hull	A63, Mytongate Junction Westbound off-slip, from point 5/1 to point 3/19 on the Traffic Regulation Plans Sheet 3 and Sheet 5
A63, Mytongate Junction Westbound on-slip Kingston Upon Hull	A63, Mytongate Junction Westbound on-slip from point 3/6 to point 3/3 on the Traffic Regulation Plans Sheet 3
A63 Westbound Queen Street off-slip Kingston Upon Hull	A63 Westbound Queen Street off-slip, from point 5/31 to point 5/37 on the Traffic Regulation Plans Sheet 5
A63 Westbound Queen Street on-slip Kingston Upon Hull	A63 Westbound Queen Street on-slip, from point 5/36 to point 5/26 on the Traffic Regulation Plans Sheet 5
A63 Eastbound Market Place off-slip Kingston Upon Hull	A63 Eastbound Market Place off-slip, from point 5/24 to point 5/34 on the Traffic Regulation Plans Sheet 5
A63 Eastbound Market Place on-slip Kingston Upon Hull	A63 Eastbound Market Place on-slip, from point 5/35 to point 5/29 on the Traffic Regulation Plans Sheet 5
A63 Eastbound link road Kingston Upon Hull	A63 Eastbound link road, from point 5/6 to point 5/24 on the Traffic Regulation Plans Sheet 5

PART 5 — ROAD SUBJECT TO ONE WAY RESTRICTIONS

(1) Area	(2) Length of road subject to one way restriction
Princes Dock Street Kingston Upon Hull	Princes Dock Street from point 5/2 to point 5/3 and from point 5/4 to point 4/2 on the Traffic Regulation Plans Sheet 4 and Sheet 5

PART 6 — ROADS SUBJECT TO TWO WAY TRAFFIC

(1) Area	(2) Length of road subject to two way traffic
Posterngate	Posterngate from point 5/12 to point 5/13 on the Traffic Regulation Plans Sheet 5
Dagger Lane	Dagger Lane from point 5/14 to point 5/15 on the Traffic Regulation Plans Sheet 5
South Church Side	South Church Side from point 5/20 to point 5/21 on the Traffic Regulation Place Sheet 5

PART 7 — ROADS SUBJECT TO PROHIBITION OF PARKING – NO WAITING OR LOADING AT ANY TIME

(1) Area	(2) Length of road subject to prohibition of parking
St James Street Kingston Upon Hull	St James Street from point 3/1 to point 3/2 on the Traffic Regulation Plans Sheet 3
Proposed highway from Lister Street Kingston Upon Hull	Proposed highway from Lister Street from point 3/4 to point 3/5 on the Traffic Regulation Plans Sheet 3
William Street and turning head Kingston Upon Hull	William Street and proposed turning head from point 3/9 to point 3/10 and point 3/11 on the Traffic Regulation Plans Sheet 3
Humber Dock Street Kingston Upon Hull	Humber Dock Street from point 5/7 to point 5/8 on the Traffic Regulation Plans Sheet 5
Proposed Dagger Lane turning head Kingston Upon Hull	Proposed Dagger Lane turning head from point 5/16 to point 5/17 on the Traffic Regulation Plans Sheet 5
Proposed Fish Street turning head Kingston Upon Hull	Proposed Fish Street turning head from point 5/18 to point 5/19 on the Traffic Regulation Plans Sheet 5
Proposed Vicar Lane turning head Kingston Upon Hull	Proposed Vicar Lane turning head from point 5/22 to point 5/23 on the Traffic Regulation Plans Sheet 5

PART 8 — CYCLE TRACKS AND FOOTWAYS

(1) Area	(2) Length of Cycle track/Footway
Kingston Upon Hull	From point 3/1 to point 3/37 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 2/1 to point 3/23 on Non-Motorised User Route Plans Sheets 2 and 3
Kingston Upon Hull	From point 3/46 to point 3/60 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 3/82 to point 3/83 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 3/83 to point 3/60 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 3/40 to point 3/41 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 3/50 to point 3/52 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 3/64 to point 5/31 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Kingston Upon Hull	From point 5/4 to point 5/53 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/36 to point 5/37 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/12 to point 5/31 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/39 to point 5/49 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/45 to point 5/50 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 3/73 to point 3/72 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 3/76 to point 3/77 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 5/43 to point 5/48 on Non-Motorised User Route Plan Sheet 5
Kingston Upon Hull	From point 5/56 to point 5/59 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/61 to point 5/35 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/60 to point 5/61 on Non-Motorised User Route Plans Sheet 5

PART 9 — PRIVATE MEANS OF ACCESS

(1) Area	(2) Extent of Access
Kingston Upon Hull	Holiday Inn (Private Means of Access), from point 3/17 to point 3/18 on the Streets, Rights of Way and Access Plans Sheet 3.
Kingston Upon Hull	Grammar School Yard (Private Means of Access), from point 5/17 to point 5/18 on the Streets, Rights of Way and Access Plans Sheet 5.

PART 10 — PUBLIC RIGHTS OF WAY

(1) Area	(2) Length of public right of way
Kingston Upon Hull	Footway from point 3/23 to point 3/44 on Non-Motorised User Route Plans Sheet 2 and Sheet 3
Kingston Upon Hull	Footway from point 3/2 to point 3/4 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	Footway from point 3/6 to point 3/78 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	Footway from point 3/15 to point 3/23 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	Footway from point 3/16 to point 3/18 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	Footway from point 3/28 to point 3/29 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	Footway from point 3/31 to point 3/32 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	Footway from point 3/55 to point 3/61 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	Footway from point 3/56 to point 5/61 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Kingston Upon Hull	From point 3/71 to point 3/72 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 3/73 to point 3/74 on Non-Motorised User Route Plans Sheet 3
Kingston Upon Hull	From point 5/2 to point 5/52 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/15 to point 5/19 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/40 to point 5/41 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/34 to point 5/44 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/54 to point 5/55 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/57 to point 5/58 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	From point 5/51 to point 5/11 on Non-Motorised User Route Plans Sheet 5
Kingston Upon Hull	Footway from point 5/38 to point 5/41 on Non-Motorised User Route Plans Sheet 5

PART 11 — UNCONTROLLED CROSSING

(1) Area	(2) Length of Uncontrolled Crossing
Kingston Upon Hull	Uncontrolled crossing from point 3/28 to point 3/32 on Non-Motorised User Route Plans Sheet 3

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS

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

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New street to be substituted
Kingston Upon Hull	Spruce Road	From point 3/K to point 3/L on Streets, Rights of Way and Access Plans Sheet 3	From point 3/5 to point 3/6 on Streets, Rights of Way and Access Plans Sheet 3
Kingston Upon Hull	Private means of access	From point 5/I to point 5/J on Streets, Rights of Way and Access Plans Sheet 5	From point 5/17 to point 5/18 on Streets, Rights of Way and Access Plans Sheet 5

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

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
Kingston Upon Hull	St James Street	From point 3/A to point 3/B on Streets, Rights of Way and Access Plans Sheet 3
Kingston Upon Hull	Waverley Street	From point 3/C to point 3/D and from point 3/E to point 3/F and from point 3/G to point 3/H on Streets, Rights of Way and Access Plans Sheet 3
Kingston Upon Hull	A63 Hessle Road	Point 3/I to point 3/J on Streets, Rights of Way and Access Plans Sheet 3
Kingston Upon Hull	Cogan Street	From point 3/M to point 3/N on Streets, Rights of Way and Access Plans Sheet 3
Kingston Upon Hull	Private Means of Access, Holiday Inn	From point 5/A to point 5/B on Streets, Rights of Way and Access Plans Sheet 5
Kingston Upon Hull	Humber Dock Street	From point 5/C to point 5/D on Streets, Rights of Way and Access Plans Sheet 5
Kingston Upon Hull	Dagger Lane	From point 5/E to point 5/F on Streets, Rights of Way and Access Plans Sheet 5
Kingston Upon Hull	Fish Street	From point 5/G to point 5/H on Streets, Rights of Way and Access Plans Sheet 5
Kingston Upon Hull	Vicar Lane	From point 5/K to point 5/L on Streets, Rights of Way and Access Plans Sheet 5

PART 3 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 4 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Public right of way to be stopped up	(2) Extent of stopping up
Footway to be removed	From point 3/8 to point 3/11 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/20 to point 3/17 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/19 to point 3/21 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/57 to point 3/62 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/58 to point 3/68 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/59 to point 3/63 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/66 to point 3/67 on Non-Motorised User Route Plans Sheet 3

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

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which rights over land may be acquired
Land Plans – Sheet 3	Land Plans – Sheet 3
3/1l, 3/1m, 3/3h, 3/3m, 3/3za, 3/3zb, 3/3zc	Construction, use and maintenance of Porter Street bridge
3/1ae, 3/1zi, 3/1zh, 3/1zf, 3/1ze, 3/1zc, 3/1af, 3/3j, 3/3o, 3/3u	Construction and maintenance of Yorkshire Water Sewer
3/1bf, 3/1bg, 3/1ca, 3/1cf	Construction, use and maintenance of Yorkshire Water sewer diversion
3/1cc, 3/1cf, 3/9b	Construction, use and maintenance of retaining wall
Land Plans – Sheet 4	Land Plans – Sheet 4
4/1ab, 4/1ad	Construction, use and maintenance of statutory utility diversion
Land Plans – Sheet 5	Land Plans – Sheet 5
5/1e, 5/2g, 5/2j	Construction, use and maintenance of Yorkshire Water sewer diversion
5/1f, 5/1g, 5/2k, 5/2l, 5/2n, 5/2p, 5/2q, 5/2r, 5/2t, 5/2ac, 5/2ag. 5/2ai	Construction, use and maintenance of Princes Quay Bridge
5/2ad, 5/2aj	Construction, use and maintenance of statutory utility diversion for ASK Italian Restaurant
5/1i, 5/1j, 5/2ah, 5/2ak	Construction, use and maintenance of statutory utility diversion
5/2ba, 5/2bd, 5/2zb	Construction, use and maintenance of parking on Humber Dock Street
5/2av	Construction, use and maintenance of Humber Dock Street turning head
5/1z	Construction, use and maintenance of retaining wall
5/2bk, 5/2bl	Construction, use and maintenance of access to Select Business Products Limited offices

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

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 or the imposition of a restrictive covenant as they apply in respect of compensation on the compulsory purchase of land and interests in land.

2

(1) Without limitation on the scope of 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 purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the A63 (Castle Street Improvement, Hull) Development Consent Order 2020 (“the 2020 Order”); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the 2020 Order) 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 purpose of exercising 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 from” substitute “ a right or restrictive covenant over land is purchased from or imposed on ”; and

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

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 20 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 23 (compulsory acquisition of rights and restrictive covenants)—

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

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

5

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

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or the restrictive covenant imposed to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.

(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 or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant 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 (owners under incapacity);

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

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed 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 or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 20), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry; further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (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 or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 25(4) is also 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 or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A of the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 26 (application of the 1981 Act) of the A63 (Castle Street Improvement, Hull) Development Consent Order 2020 in respect of the land to which the notice to treat relates. (2) But see article 27(3) (acquisition of subsoil and airspace only) of the A63 (Castle Street Improvement, Hull) Development Consent Order 2020 which excludes the acquisition of subsoil or airspace only from this Schedule. (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 decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves 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 or the imposition of the restrictive covenant 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 or the imposition of the covenant, (b) the proposed use of the right or the imposition of the covenant, and (c) if the right or covenant is proposed to be acquired or imposed 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 or the imposition of the covenant 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 acquiring 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 it 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 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

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(1) Public right of way to be stopped up	(2) Extent of stopping up	(3) New street to be substituted
Footway to be removed	From point 2/1 to point 3/3 on Non-Motorised User Route Plans Sheet 2 and Sheet 3	From point 2/1 to point 3/44 on Non-Motorised User Route Plans Sheet 2 and Sheet 3
Footway to be removed	From point 3/1 to point 3/80 on Non-Motorised User Route Plans Sheet 3	From point 3/1 to point 3/37 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/7 to point 3/78 on Non-Motorised User Route Plans Sheet 3	From point 3/6 to point 3/78 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/8 to point 3/13 on Non-Motorised User Route Plans Sheet 3	From point 2/1 to point 3/44 on Non-Motorised User Route Plans Sheet 2 and Sheet 3
Footway to be removed	From point 3/14 to point 3/21 on Non-Motorised User Route Plans Sheet 3	From point 2/1 to point 3/44 on Non-Motorised User Route Plans Sheet 2 and Sheet 3
Footway to be removed	From point 3/22 to point 3/81 on Non-Motorised User Route Plans Sheet 3	From point 2/1 to point 3/44 on Non-Motorised User Route Plans Sheet 2 and Sheet 3
Footway to be removed	From point 3/81 to point 3/43 on Non-Motorised User Route Plans Sheet 3	From point 2/1 to point 3/44 on Non-Motorised User Route Plans Sheet 2 and Sheet 3
Footway to be removed	From point 3/22 to point 3/75 on Non-Motorised User Route Plans Sheet 3	From point 3/15 to point 3/23 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/24 to point 3/25 on Non-Motorised User Route Plans Sheet 3	From point 3/39 to point 3/42 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/27 to point 3/26 on Non-Motorised User Route Plans Sheet 3	From point 3/39 to point 3/42 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/33 to point 3/34 on Non-Motorised User Route Plans Sheet 3	From point 3/1 to point 3/37 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/51 to point 3/84 on Non-Motorised User Route Plans Sheet 3	From point 3/47 to point 3/54 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/56 to point 3/45 on Non-Motorised User Route Plans Sheet 3	From point 3/56 to point 5/3 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Footway to be removed	From point 3/45 to point 3/85 on Non-Motorised User Route Plans Sheet 3	From point 3/56 to point 5/3 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Footway to be removed	From point 3/85 to point 5/3 on Non-Motorised User Route Plans Sheet 3 and Sheet 5	From point 3/56 to point 5/3 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Footway to be removed	From point 3/28 to point 3/30 on Non-Motorised User Route Plans Sheet 3	From point 3/28 to point 3/29 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/83 to point 3/49 on Non-Motorised User Route Plans Sheet 3	From point 3/83 to point 3/60 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/49 to point 3/60 on Non-Motorised User Route Plans Sheet 3	From point 3/46 to point 3/60 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 3/65 to point 5/11 on Non-Motorised User Route Plans Sheet 3 and Sheet 5	From point 3/64 to point 5/11 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Footway to be removed	From point 3/79 to point 3/80 on Non-Motorised User Route Plans Sheet 3	From point 3/1 to point 3/37 on Non-Motorised User Route Plans Sheet 3
Footway to be removed	From point 5/39 to point 5/41 on Non-Motorised User Route Plans Sheet 5	From point 5/39 to point 5/49 on Non-Motorised User Route Plans Sheet 5
Footway to be removed	From point 5/4 to point 5/14 on Non-Motorised User Route Plans Sheet 5	From point 3/56 to point 5/61 on Non-Motorised User Route Plans Sheet 5
Footway to be removed	From point 5/15 to point 5/25 on Non-Motorised User Route Plans Sheet 5	From point 3/61 to point 5/35 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Footway to be removed	From point 5/17 to point 5/18 on Non-Motorised User Route Plans Sheet 5	From point 5/15 to point 5/19 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Footway to be removed	From point 5/26 to point 5/35 on Non-Motorised User Route Plans Sheet 5	From point 3/61 to point 5/35 on Non-Motorised User Route Plans Sheets 3 and 5
Footway to be removed	From point 5/42 to point 5/48 on Non-Motorised User Route Plans Sheet 5	From point 5/43 to point 5/48 on Non-Motorised User Route Plans Sheet 5
Uncontrolled crossing removed	From point 3/3 to point 3/8 on Non-Motorised User Route Plans Sheet 3	From point 2/1 to point 3/44 on Non-Motorised User Route Plans Sheets 2 and 3
Uncontrolled crossing removed	From point 3/13 to point 3/14 on Non-Motorised User Route Plans Sheet 3	From point 2/1 to point 3/44 on Non-Motorised User Route Plans Sheet 2 and Sheet 3
Uncontrolled crossing removed	From point 3/21 to point 3/22 on Non-Motorised User Route Plans Sheet 3	From point 2/1 to point 3/44 on Non-Motorised User Route Plans Sheet 2 and Sheet 3
Uncontrolled crossing removed	From point 3/25 to point 3/27 on Non-Motorised User Route Plans Sheet 3	From point 3/39 to point 3/42 on Non-Motorised User Route Plans Sheet 3
Uncontrolled crossing removed	From point 3/37 to point 3/46 on Non-Motorised User Route Plans Sheet 3	From point 3/38 to point 3/47 on Non-Motorised User Route Plans Sheet 3
Uncontrolled crossing removed	From point 3/43 to point 3/45 on Non-Motorised User Route Plans Sheet 3	From point 3/42 to point 3/54 on Non-Motorised User Route Plans Sheet 3
Uncontrolled crossing removed	From point 5/1 to point 5/5 on Non-Motorised User Route Plans Sheet 5	From point 3/56 to point 5/61 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Uncontrolled crossing removed	From point 5/13 to point 5/15 on Non-Motorised User Route Plans Sheet 5	From point 3/56 to point 5/61 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Uncontrolled crossing removed	From point 5/21 to point 5/22 on Non-Motorised User Route Plans Sheet 5	From point 5/12 to point 5/31 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Uncontrolled crossing removed	From point 5/23 to point 5/24 on Non-Motorised User Route Plans Sheet 5	From point 5/12 to point 5/31 on Non-Motorised User Route Plans Sheet 3 and Sheet 5
Uncontrolled crossing removed	From point 5/27 to point 5/28 on Non-Motorised User Route Plans Sheet 5	From point 5/12 to point 5/31 on Non-Motorised User Route Plans Sheet 5
Controlled crossing removed	From point 3/9 to point 3/10 on Non-Motorised User Route Plans Sheet 3	From point 3/72 to point 3/73 on Non-Motorised User Route Plans Sheet 3
Controlled crossing removed	From point 3/35 to point 3/36 on Non-Motorised User Route Plans Sheet 3	From point 3/39 to point 3/42 on Non-Motorised User Route Plans Sheet 3
Controlled crossing removed	From point 3/48 to point 3/51 on Non-Motorised User Route Plans Sheet 3	From point 3/47 to point 3/54 on Non-Motorised User Route Plans Sheet 3
Controlled crossing removed	From point 5/16 to point 5/20 on Non-Motorised User Route Plans Sheet 5	From point 5/4 to point 5/53 on Non-Motorised User Route Plans Sheet 5
Controlled crossing removed	From point 5/6 to point 5/7 on Non-Motorised User Route Plans Sheet 5	From point 5/4 to point 5/53 on Non-Motorised User Route Plans Sheet 5
Controlled crossing removed	From points 5/29 and 5/39 to points 5/32 and 5/47 on Non-Motorised User Route Plans Sheet 5.	From point 5/39 to point 5/49 on Non-Motorised User Route Plans Sheet 5.
Controlled crossing removed	From point 5/29 to point 5/39 on Non-Motorised User Route Plans Sheet 5.	From point 5/30 to points 5/36, 5/37 and 5/39 on Non-Motorised User Route Plans Sheet 5.
Controlled crossing removed	From point 5/32 to point 5/47 on Non-Motorised User Route Plans Sheet 5.	From point 5/33 to points 5/34, 5/44 and 5/46 on Non-Motorised User Route Plans Sheet 5.