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
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(1) Plot Reference Number shown on Land Plans (2) Purpose for which temporary possession may be taken (3) Relevant part of the authorised development
Land Plans – Sheet 1 Land Plans – Sheet 1 Land Plans – Sheet 1
1/1a, 1/1b, 1/1c, 1/1d, 1/1e, 1/1f Diversion of statutory undertakers' apparatus, telecommunications cable Work No.3
Land Plans – Sheet 2 Land Plans – Sheet 2 Land Plans – Sheet 2
2/1a, 2/3a, 2/2a, 2/4b, 2/4a, 2/4c, 2/4d, 2/5b, 2/4h, 2/4g, 2/2b, 2/4j, 2/1b, 2/1h, 2/1i, 2/1g, 2/1j, 2/1b, 2/1c, 2/4e, 2/4f, 2/1d Diversion of statutory undertakers' apparatus, telecommunications cable Work No.3
2/5a Construction of a site compound and vehicle recovery site. Work No.4
Land Plans – Sheet 3 Land Plans – Sheet 3 Land Plans – Sheet 3
3/1e, 3/1h, 3/1i, 3/1q, 3/1t, 3/1u, 3/1z, 3/1ab, 3/1ad, 3/1ah, 3/1al Diversion of statutory undertakers' apparatus (BT) along Osbourne Street, Porter Street and across the A63 Hessle Road. Work No.6
3/1c Construction of St James' Street turning head. Work No.7
3/1c, 3/1bc Diversion of statutory undertakers' apparatus (KCOM) along Lister Street, Kingston Street and Commercial Road. Work No.8
3/1e, 3/1h, 3/1i, 3/1q, 3/1t, 3/1u, 3/1z, 3/1ab, 3/1am, 3/1ar, 3/1au, 3/1at Diversion of statutory undertakers' apparatus (BT and KCOM) along Porter Street, Adelaide Street, Amy Johnson Court and Waterhouse Lane. Work No.11
3/3d, 3/3i, 3/3f, 3/3k, 3/3n, 3/3p, 3/3t, 3/7a, 3/1aj, 3/2d Demolition of the Arco office complex for use as a site compound Work No.9
3/2d Diversion of statutory undertakers' apparatus (YW) along Waverley Street. Work No.10
3/1s, 3/1y, 3/1aa, 3/1ac, 3/1zb, 3/1za Demolition of the existing Myton centre, construction of temporary carpark and construction of green space as replacement open space land. Work No.13
3/1ac, 3/1ai, 3/1an, 3/1ao, 3/1ap Construction of a new turning head at William Street, and the provision of a new area at William Street and Cogan Street. Work No.17
3/5b, 3/5c, 3/5d, 3/5e, 3/5g, 3/5za Alterations to Kingston Retail Park car park and working room for construction. Work No.18A and Work No.18B
3/1as, 3/1au, 3/1at, 3/7e, 3/8a, 3/8b Improvement of the existing dual carriageway of the A1079 Ferensway to the north of Mytongate Junction and improvements to Commercial Road to the south of Mytongate Junction. Work No.19
3/1bj, 3/1bl, 3/1bq, 3/1bt Diversion of statutory undertakers' apparatus (KCOM) along Myton Street, Carr Lane and Princes Dock Street. Work No.25
3/1bp Alterations to Holiday Inn car park, access, internal roads and amendments to the existing drainage arrangements Work No.26
3/10b Construction of main site compound at Wellington Street Work No.29
3/11a, 3/11b Work to Castle Building and Earl de Grey public house, including demolition of Earl De Grey public house and rebuilding 3m to the north of existing position. Work No.30
3/1be, 3/1bf, 3/1bg, 3/1zl Construction of a surface water rising main. Work No.46
Land Plans – Sheet 4 Land Plans – Sheet 4 Land Plans – Sheet 4
4/1q, 4/1r, 4/1s, 4/1m, 4/1n, 4/1o, 4/1p, 4/1l, 4/1w 4/x, 4/1y, 4/1z, 4/1aa, 4/1ac Diversion of statutory undertakers apparatus (KCOM) along Myton Street, Carr Lane and Princes Dock Street. Work No.25
4/1b, 4/1a, 4/1c, 4/1j, 4/1i, 4/1k Diversion of statutory undertakers apparatus (BT) along Osbourne Street, Porter Street and across the A63 Hessle Road. Work No.6
Land Plans – Sheet 5 Land Plans – Sheet 5 Land Plans – Sheet 5
5/2a Alterations to Holiday Inn car park Work No.26
5/3a, 5/3d Construction of main site compound at Wellington Street Work No. 29
5/2af Offsite archaeology works Work No.32
5/2al, 5/2ay, 5/2bg, 5/2bo, 5/2bi, 5/2bq, 5/2bm, 5/2ce Old Town improvement works Work No.33
5/2aq, 5/2za, 5/2zc, 5/2zd Construction and improvements to Humber Dock Street. Work No.34
Land Plans – Sheet 6 Land Plans – Sheet 6 Land Plans – Sheet 6
6/1a Construction of material storage compound Work No.1
6/2a Construction of vehicle recovery compound Work No.2
6/2b Construction of vehicle recovery compound Work No.42

SCHEDULE 8 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

1

For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

2

In this Part of this Schedule—

  • alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
  • apparatus” means—in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989 ), belonging to or maintained by that undertaker for the purposes of the electricity supply;in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986 for the purposes of gas supply;in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; andin the case of a sewerage undertaker—any drain or works vested in the undertaker under the Water Industry Act 1991 ; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
  • functions” includes powers and duties;
  • “in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;
  • plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;
  • utility undertaker” means—any licence holder within the meaning of Part 1 of the Electricity Act 1989;a gas transporter within the meaning of Part 1 of the Gas Act 1986;a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus in stopped up streets

4
  • (1) Where any street is stopped up under article 13 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.
  • (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 12 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 18 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7
  • (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker's apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6).
  • (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days' written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
  • (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed the utility undertaker must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
  • (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 43 (arbitration).
  • (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 43, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
  • (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

Facilities and rights for alternative apparatus

8
  • (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 43 (arbitration).
  • (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9
  • (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.
  • (2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.
  • (3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.
  • (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).
  • (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
  • (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

Expenses and costs

10
  • (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).
  • (2) There must be deducted from any sum payable under subparagraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule that value being calculated after removal.
  • (3) If in accordance with the provisions of this Part of this Schedule—
  • (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
  • (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 43 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

  • (4) For the purposes of sub-paragraph (3)—
  • (a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
  • (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.
  • (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.
11
  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—
  • (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and
  • (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

by reason or in consequence of any such damage or interruption.

  • (2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).
  • (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.
  • (4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Cooperation

12

Where in consequence of the proposed construction of any of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker's undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

14

For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

15

In this Part of this Schedule—

  • the 2003 Act” means the Communications Act 2003 ;
  • electronic communications apparatus” has the same meaning as in the electronic communications code;
  • the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act ;
  • electronic communications code network” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; andan electronic communications network which the undertaker is providing or proposing to provide;
  • electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and
  • infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 (infrastructure system) of that code;
  • operator” means the operator of an electronic communications code network.
16

The exercise of the powers conferred by article 31 (statutory undertakers) is subject to Part 10 (undertaker's works affecting electronic communications apparatus) of the electronic communications code.

17
  • (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—
  • (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or
  • (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

  • (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.
  • (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
  • (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 43 (arbitration).
  • (5) This Part of this Schedule does not apply to—
  • (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 of the 1991 Act; or
  • (b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.
  • (6) Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

SCHEDULE 9 — DOCUMENTS TO BE CERTIFIED

(1) Document (2) Document Reference
Book of reference TR010016/APP/4.3
Engineering drawings and sections TR010016/APP/2.6
Environmental statement TR010016/APP/6.2
Land plans TR010016/APP/2.3
Location plan TR010016/APP/2.1
OEMP TR010016/APP/7.3
Special category land plans TR010016/APP/2.10
Streets, rights of way and access plans TR010016/APP/2.5
Works plans TR010016/APP/2.4

Signed

Signed by authority of the Secretary of State for Transport

David Milroy — A Senior Civil Servant, — Department for Transport Legal Advisers — 2020-05-28

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378 and S.I. 2019/734.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00004]: 1961 c. 33.

[^f00005]: 1965 c. 56.

[^f00006]: 1980 c. 66.

[^f00007]: 1981 c. 66.

[^f00008]: 1984 c. 27.

[^f00009]: 1990 c. 8. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c. 29) (date in force to be appointed see section 241(3), (4)(a) and (c) of the 2008 Act). There are other amendments to the 1990 Act which are not relevant to this Order.

[^f00010]: 1991 c. 22.

[^f00011]: 2008 c. 29.

[^f00012]: The definition of “cycle track” (in section 329(1) of the 1980 Act) was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and section 4 of, and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00013]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to the Order.

[^f00014]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the 1991 Act. It was amended by section 1(6) of, and paragraphs 70 and 95(2) and (3) of Schedule 1 to the Infrastructure Act 2015 (c. 7). There are other amendments to section 121A which are not relevant to this Order.

[^f00015]: Section 10 was amended by section 22(2) of the 1991 Act, by section 36 of, and paragraph 22 of Schedule 2 to the 2008 Act, and by section 1(6) of, and paragraph 10 of Schedule 1 to, the Infrastructure Act 2015.

[^f00016]: Section 19(1) was amended by section 1(6) of, and paragraph 15 of Schedule 1 to, the Infrastructure Act 2015.

[^f00017]: 1991 c. 59. The definition was substituted by section 100(2) of the Environment Act 1995 (c. 25).

[^f00018]: Section 64 was amended by section 102 of, and Schedule 17 to the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to the 1991 Act.

[^f00019]: Section 184 was amended by section 4 of, and Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and Schedule 8 to the 1991 Act and by sections 35, 38 and 46 of the Criminal Justice Act 1982 (c. 48).

[^f00020]: Section 56 was amended by sections 40 and 43 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00021]: Section 56A was inserted by section 44 of the Traffic Management Act 2004.

[^f00022]: Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00023]: Section 58A was inserted by section 52 of the Traffic Management Act 2004.

[^f00024]: Section 73A was inserted by section 55 of the Traffic Management Act 2004.

[^f00025]: Section 73B was inserted by section 55 of the Traffic Management Act 2004.

[^f00026]: Section 73C was inserted by section 55 of the Traffic Management Act 2004.

[^f00027]: Section 78A was inserted by section 57 of the Traffic Management Act 2004.

[^f00028]: Schedule 3A was inserted by section 52 of, and Schedule 4 to the Traffic Management Act 2004.

[^f00029]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00030]: Section 54 was also amended by section 49(1) of the Traffic Management Act 2004.

[^f00031]: Section 55 was also amended by sections 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00032]: Section 57 was also amended by section 52(3) of the Traffic Management Act 2004.

[^f00033]: Section 59 was amended by section 42 of the Traffic Management Act 2004.

[^f00034]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

[^f00035]: 1991 c. 56.

[^f00036]: 2000 c. 26.

[^f00037]: 2004 c. 18.

[^f00038]: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.

[^f00039]: 2004 c. 18.

[^f00040]: 1991 c. 56. Section 106 was amended by section 35(1) and (8) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and section 32 of, and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00041]: S.I. 2016/1154. Regulation 12 was amended by 2018/110.

[^f00042]: 1991 c. 57.

[^f00043]: 1990 c. 9. Section 8 was modified in relation to buildings in conservation areas by S.I. 1990/1519.

[^f00044]: See the Arrangements for Handling Heritage Applications – Notification to Historic England and National Amenity Societies and the Secretary of State (England) Direction 2015.

[^f00045]: Section 152 was amended by S.I. 2009/1307.

[^f00046]: 1981 c. 67.

[^f00047]: Section 11(1) was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1) and sections 186(1) and (2), 187 and 188 of the Housing and Planning Act 2016 (c. 22).

[^f00048]: Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c.27) and S.I. 2017/1285.

[^f00049]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c.22).

[^f00050]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.

[^f00051]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00052]: Section 5 was amended by Schedule 15 to the Housing and Planning Act 2016 (c. 22).

[^f00053]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00054]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

[^f00055]: Section 6 was amended by section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.

[^f00056]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.

[^f00057]: Section 7(1) was substituted by paragraphs 1 and 3 of Schedule 18 to the Housing and Planning Act 2016.

[^f00058]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^f00059]: Subsection (4A) of section 153 was inserted by section 200(1) and (2) of the Housing and Planning Act 2016.

[^f00060]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00061]: 2017 c. 20.

[^f00062]: 2003 c. 21. There are amendments to section 51 which are not relevant to this Order.

[^f00063]: S.I. 1997/1160.

[^f00064]: 1857 c. 81. Section 25 was substituted by section 2 of the Church of England (Miscellaneous Provisions) 2014 (2014 No. 1) and amended by section 96(1) of and paragraph 1 in Schedule 3 to, the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (2018 No. 3).

[^f00065]: 1853 c. 134.

[^f00066]: 1990 c. 43. There are amendments to section 82(1) which are not relevant to this Order.

[^f00067]: Subsection (2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40); there are other amendments to this subsection which are not relevant to this Order.

[^f00068]: 1974 c. 40. Section 61(9) was amended by section 162 of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to section 61which are not relevant to this Order.

[^f00069]: 1978 c. 30.

[^f00070]: Section 22 was substituted by S.I. 2013/1883 and amended by section 1(6) of, and paragraph 153(2) of the Infrastructure Act 2015 (c. 7).

[^f00071]: 1990 c. 43. Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86(2) of the Water Act 2003 (c. 37).

[^f00072]: S.I. 2017/1012.

[^f00073]: 1981 c. 69.

[^f00074]: 1979 c. 46.

[^f00075]: 1971 c. 80.

[^f00076]: 1973 c. 26.

[^f00077]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No.1), section 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00078]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00079]: Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

[^f00080]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00081]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00082]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00083]: 1989 c. 29.

[^f00084]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).

[^f00085]: 1991 c. 56.

[^f00086]: 2003 c. 21.

[^f00087]: See section 106, which was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).

A nationally significant infrastructure project as defined in sections 14 and 22 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;
  • (c) ramps, means of access, non-motorised links, footpaths, footways, bridleways, cycle tracks and crossing facilities;
  • (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.

Compensation enactments

Application of Part 1 of the 1965 Act

Editorial notes

[^c24103771]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^c24103781]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378 and S.I. 2019/734.

[^c24103791]: S.I. 2010/103, amended by S.I. 2012/635.

[^c24103801]: 1961 c. 33.

[^c24103811]: 1965 c. 56.

[^c24103821]: 1980 c. 66.

[^c24103831]: 1981 c. 66.

[^c24103841]: 1984 c. 27.

[^c24103851]: 1990 c. 8. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c. 29) (date in force to be appointed see section 241(3), (4)(a) and (c) of the 2008 Act). There are other amendments to the 1990 Act which are not relevant to this Order.

[^c24103861]: 1991 c. 22.

[^c24103871]: 2008 c. 29.

[^c24103881]: The definition of “cycle track” (in section 329(1) of the 1980 Act) was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and section 4 of, and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^c24103891]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to the Order.

[^c24103901]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the 1991 Act. It was amended by section 1(6) of, and paragraphs 70 and 95(2) and (3) of Schedule 1 to the Infrastructure Act 2015 (c. 7). There are other amendments to section 121A which are not relevant to this Order.

[^c24103911]: Section 10 was amended by section 22(2) of the 1991 Act, by section 36 of, and paragraph 22 of Schedule 2 to the 2008 Act, and by section 1(6) of, and paragraph 10 of Schedule 1 to, the Infrastructure Act 2015.

[^c24103921]: Section 19(1) was amended by section 1(6) of, and paragraph 15 of Schedule 1 to, the Infrastructure Act 2015.

[^c24103931]: 1991 c. 59. The definition was substituted by section 100(2) of the Environment Act 1995 (c. 25).

[^c24103941]: Section 64 was amended by section 102 of, and Schedule 17 to the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to the 1991 Act.

[^c24103951]: Section 184 was amended by section 4 of, and Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and Schedule 8 to the 1991 Act and by sections 35, 38 and 46 of the Criminal Justice Act 1982 (c. 48).

[^c24103961]: Section 56 was amended by sections 40 and 43 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^c24103971]: Section 56A was inserted by section 44 of the Traffic Management Act 2004.

[^c24103981]: Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the Traffic Management Act 2004.

[^c24103991]: Section 58A was inserted by section 52 of the Traffic Management Act 2004.

[^c24104001]: Section 73A was inserted by section 55 of the Traffic Management Act 2004.

[^c24104011]: Section 73B was inserted by section 55 of the Traffic Management Act 2004.

[^c24104021]: Section 73C was inserted by section 55 of the Traffic Management Act 2004.

[^c24104031]: Section 78A was inserted by section 57 of the Traffic Management Act 2004.

[^c24104041]: Schedule 3A was inserted by section 52 of, and Schedule 4 to the Traffic Management Act 2004.

[^c24104051]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^c24104061]: Section 54 was also amended by section 49(1) of the Traffic Management Act 2004.

[^c24104071]: Section 55 was also amended by sections 49(2) and 51(9) of the Traffic Management Act 2004.

[^c24104081]: Section 57 was also amended by section 52(3) of the Traffic Management Act 2004.

[^c24104091]: Section 59 was amended by section 42 of the Traffic Management Act 2004.

[^c24104101]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

[^c24104111]: 1991 c. 56.

[^c24104121]: 2000 c. 26.

[^c24104131]: 2004 c. 18.

[^c24104141]: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.

[^c24104151]: 2004 c. 18.

[^c24104161]: 1991 c. 56. Section 106 was amended by section 35(1) and (8) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and section 32 of, and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^c24104171]: S.I. 2016/1154. Regulation 12 was amended by 2018/110.

[^c24104181]: 1991 c. 57.

[^c24104211]: Section 152 was amended by S.I. 2009/1307.

[^c24104221]: 1981 c. 67.

[^c24104231]: Section 11(1) was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (2006 No. 1) and sections 186(1) and (2), 187 and 188 of the Housing and Planning Act 2016 (c. 22).

[^c24104241]: Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c.27) and S.I. 2017/1285.

[^c24104251]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c.22).

[^c24104261]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.

[^c24104271]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^c24104281]: Section 5 was amended by Schedule 15 to the Housing and Planning Act 2016 (c. 22).

[^c24104291]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^c24104301]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

[^c24104311]: Section 6 was amended by section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.

[^c24104321]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.

[^c24104331]: Section 7(1) was substituted by paragraphs 1 and 3 of Schedule 18 to the Housing and Planning Act 2016.

[^c24104341]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^c24104351]: Subsection (4A) of section 153 was inserted by section 200(1) and (2) of the Housing and Planning Act 2016.

[^c24104361]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^c24104371]: 2017 c. 20.

[^c24104381]: 2003 c. 21. There are amendments to section 51 which are not relevant to this Order.

[^c24104391]: S.I. 1997/1160.

[^c24104401]: 1857 c. 81. Section 25 was substituted by section 2 of the Church of England (Miscellaneous Provisions) 2014 (2014 No. 1) and amended by section 96(1) of and paragraph 1 in Schedule 3 to, the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (2018 No. 3).

[^c24104411]: 1853 c. 134.

[^c24104421]: 1990 c. 43. There are amendments to section 82(1) which are not relevant to this Order.

[^c24104431]: Subsection (2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40); there are other amendments to this subsection which are not relevant to this Order.

[^c24104441]: 1974 c. 40. Section 61(9) was amended by section 162 of, and paragraph 15 of Schedule 15 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to section 61which are not relevant to this Order.

[^c24104451]: 1978 c. 30.

[^c24104461]: Section 22 was substituted by S.I. 2013/1883 and amended by section 1(6) of, and paragraph 153(2) of the Infrastructure Act 2015 (c. 7).

[^c24104471]: 1990 c. 43. Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86(2) of the Water Act 2003 (c. 37).

[^c24104481]: S.I. 2017/1012.

[^c24104491]: 1981 c. 69.

[^c24104501]: 1979 c. 46.

[^c24104511]: 1971 c. 80.

[^c24104521]: 1973 c. 26.

[^c24104531]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No.1), section 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^c24104541]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^c24104551]: Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

[^c24104561]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^c24104571]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^c24104581]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^c24104591]: 1989 c. 29.

[^c24104601]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27).

[^c24104611]: 1991 c. 56.

[^c24104621]: 2003 c. 21.

[^c24104631]: See section 106, which was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).

[^key-f1daffc95d045a3de1af1b8c21f6a4b5]: Art. 1 in force at 18.6.2020, see art. 1

[^key-dd57c437d60a244fb94958979d5e2a29]: Art. 2 in force at 18.6.2020, see art. 1

[^key-da2bd8388fba43b33e851ab1427b546f]: Art. 3 in force at 18.6.2020, see art. 1

[^key-7ec32cfbc0b238f911ea0becb3265bcc]: Art. 4 in force at 18.6.2020, see art. 1

[^key-28cbd12da4ff207bc6e554e961a9f1e8]: Art. 5 in force at 18.6.2020, see art. 1

[^key-66122dd450fb6fe51cb9e231fa0a8d22]: Art. 6 in force at 18.6.2020, see art. 1

[^key-59b8b24ac71015ad8aea6cd71a401246]: Art. 7 in force at 18.6.2020, see art. 1

[^key-051dc3de782e8c4536d58fbbcd1bf5af]: Art. 8 in force at 18.6.2020, see art. 1

[^key-ec89d21e88e876cd94c59e8cbe274078]: Art. 9 in force at 18.6.2020, see art. 1

[^key-45a5967bb27cc96e12e8e13855f31ecc]: Art. 10 in force at 18.6.2020, see art. 1

[^key-0c633524bbf9a349ca5a21eb4d93c309]: Art. 11 in force at 18.6.2020, see art. 1

[^key-b00763498cb52e681bb318fe8cb99a84]: Art. 12 in force at 18.6.2020, see art. 1

[^key-412bc230bd7ac536af51cf8027919bbd]: Art. 13 in force at 18.6.2020, see art. 1

[^key-e3a6113c1c6c22790cbb3b93eef74957]: Art. 14 in force at 18.6.2020, see art. 1

[^key-76845bb32b8cecaddc96a8feca2aa945]: Art. 15 in force at 18.6.2020, see art. 1

[^key-5e8ad51977a6a94000ef200175165e19]: Art. 16 in force at 18.6.2020, see art. 1

[^key-a229b0a3516176ae393e39677a54c080]: Art. 17 in force at 18.6.2020, see art. 1

[^key-dfd78f6f70856f1d75af134a83937847]: Art. 18 in force at 18.6.2020, see art. 1

[^key-81cc07641de2e29d1cca476d9b504f50]: Art. 19 in force at 18.6.2020, see art. 1

[^key-8b253d96fe5118d0c93aeb3c74c99e29]: Art. 20 in force at 18.6.2020, see art. 1

[^key-f16d43295420a0df910d0d787556e792]: Art. 21 in force at 18.6.2020, see art. 1

[^key-30fa9a0600b6b2c89f6d144ecc66696c]: Art. 22 in force at 18.6.2020, see art. 1

[^key-4b971e0f148b4c90c776d9901ab06160]: Art. 23 in force at 18.6.2020, see art. 1

[^key-0b029b4488ad11f5e9b3258a754f77a3]: Art. 24 in force at 18.6.2020, see art. 1

[^key-656b7e0272c67a5f5c4a2402831df27e]: Art. 25 in force at 18.6.2020, see art. 1

[^key-b767e2426b2776bbceaa644ce8657d4a]: Art. 26 in force at 18.6.2020, see art. 1

[^key-fb297faeee9e7513fbcf87c156180f49]: Art. 27 in force at 18.6.2020, see art. 1

[^key-357fd2c5b1de9b9f224cac50a5d64f97]: Art. 28 in force at 18.6.2020, see art. 1

[^key-96d9f46451bd8bf996baff54b9f86528]: Art. 29 in force at 18.6.2020, see art. 1

[^key-09ff996f60e84b5173faf7d89c310a9c]: Art. 30 in force at 18.6.2020, see art. 1

[^key-5b0bcb288734fccf3f6050f103e258f7]: Art. 31 in force at 18.6.2020, see art. 1

[^key-5bc14258fb0e35ec03fdfc75a9d0c28b]: Art. 32 in force at 18.6.2020, see art. 1

[^key-3e1c186c2be9bc2b07d11a955f04c07d]: Art. 33 in force at 18.6.2020, see art. 1

[^key-ad62fb91d546f2e620e2213e23be79f7]: Art. 34 in force at 18.6.2020, see art. 1

[^key-30cf1c47fbc678fb1996922f9b478b95]: Art. 35 in force at 18.6.2020, see art. 1

[^key-4e20e2580ebf759206898d330db819c2]: Art. 36 in force at 18.6.2020, see art. 1

[^key-7ccf29bf099a493f657ec04c70d88800]: Art. 37 in force at 18.6.2020, see art. 1

[^key-0880dc5f32301708bb347e95dbd41461]: Art. 38 in force at 18.6.2020, see art. 1

[^key-6b905665a3766bab2c2aa02b8253c1da]: Art. 39 in force at 18.6.2020, see art. 1

[^key-259bd363e4732b2c964a42327475fff3]: Art. 40 in force at 18.6.2020, see art. 1

[^key-26d7dcdc84e35830803e7f8ae4f2cd18]: Art. 41 in force at 18.6.2020, see art. 1

[^key-dc59ccd8be3572161293b7f6bf7a9810]: Art. 42 in force at 18.6.2020, see art. 1

[^key-3b52e9759ec9e7be368fe1a1aa4ed8b9]: Art. 43 in force at 18.6.2020, see art. 1

[^key-d11a0364df8d85df696c0500e6fb53e7]: Art. 44 in force at 18.6.2020, see art. 1

[^key-d3cd019abf0e242004aa0880b68f78d5]: Sch. 1 in force at 18.6.2020, see art. 1

[^key-5c2b8b574f8f5b2f8c3dd8d4deda7fcc]: Sch. 2 para. 1 in force at 18.6.2020, see art. 1

[^key-7a07366a13f007732c580aa9bde7aab0]: Sch. 2 para. 2 in force at 18.6.2020, see art. 1

[^key-719bb840652add4bece8ae636e911ccd]: Sch. 2 para. 3 in force at 18.6.2020, see art. 1

[^key-abaac8509274fde4a7b7408b51247168]: Sch. 2 para. 4 in force at 18.6.2020, see art. 1

[^key-1cf22df7ac53b7f386bcdf5cdf75051b]: Sch. 2 para. 5 in force at 18.6.2020, see art. 1

[^key-aeb70e22342acef010eec6526ca76427]: Sch. 2 para. 6 in force at 18.6.2020, see art. 1

[^key-c04b9844cf1cdfc51081fd8fd074819d]: Sch. 2 para. 7 in force at 18.6.2020, see art. 1

[^key-509a686ba72d6b74ed47ade701820682]: Sch. 2 para. 8 in force at 18.6.2020, see art. 1

[^key-ebf52b5e5809d73ce76bed13be4ca727]: Sch. 2 para. 9 in force at 18.6.2020, see art. 1

[^key-28156139ba4e884eb09e4ea6d15d6448]: Sch. 2 para. 10 in force at 18.6.2020, see art. 1

[^key-b32d973732e78421f3a0c2152c142c11]: Sch. 2 para. 11 in force at 18.6.2020, see art. 1

[^key-f9ec9b50214265b25efcb73de1e16e4c]: Sch. 2 para. 12 in force at 18.6.2020, see art. 1

[^key-868f780b9de8250a3e38478c9cc65002]: Sch. 2 para. 13 in force at 18.6.2020, see art. 1

[^key-3e433242d34816a1f85010b0ed6d35ab]: Sch. 2 para. 14 in force at 18.6.2020, see art. 1

[^key-91549de2526a0e38ae8b1a3859ae90bf]: Sch. 2 para. 15 in force at 18.6.2020, see art. 1

[^key-47809fc9c810afdeb27fe8f12325249f]: Sch. 2 para. 16 in force at 18.6.2020, see art. 1

[^key-09b22a71b9c5e065fb2b808d9c9ee742]: Sch. 2 para. 17 in force at 18.6.2020, see art. 1

[^key-568735c9d9590ce35bf90492e3b50d47]: Sch. 2 para. 18 in force at 18.6.2020, see art. 1

[^key-d110b27502cf721246ab7a79e9405035]: Sch. 2 para. 19 in force at 18.6.2020, see art. 1

[^key-7bfd193d94a9287bfd730e61a89d602b]: Sch. 2 para. 20 in force at 18.6.2020, see art. 1

[^key-fac2c35d4b772cbb705d0154d1b9614d]: Sch. 2 para. 21 in force at 18.6.2020, see art. 1

[^key-3a9d2084e9e1c775a28adc4c53335ae8]: Sch. 6 para. 1 in force at 18.6.2020, see art. 1

[^key-e9dabaea3c004fa0037bb4f8b523f513]: Sch. 6 para. 2 in force at 18.6.2020, see art. 1

[^key-3cc9a440fca63d3eb2de3b7f88048863]: Sch. 6 para. 3 in force at 18.6.2020, see art. 1

[^key-458aba913e919d32850f5e9ae0934c70]: Sch. 6 para. 4 in force at 18.6.2020, see art. 1

[^key-5ca915e9372fa62820e99285674d60dc]: Sch. 6 para. 5 in force at 18.6.2020, see art. 1

[^key-ca989cbaffff33a0c29ebb26b281a140]: Sch. 8 para. 1 in force at 18.6.2020, see art. 1

[^key-ea0ceb259affdf8130eaf03d8e9c6a53]: Sch. 8 para. 2 in force at 18.6.2020, see art. 1

[^key-6172ec1806fe04ba88e32a6452319873]: Sch. 8 para. 3 in force at 18.6.2020, see art. 1

[^key-a38bc173ca9f2a98cbcf959d48238722]: Sch. 8 para. 4 in force at 18.6.2020, see art. 1

[^key-0804852f0ca6011acfe2b427e45a2e88]: Sch. 8 para. 5 in force at 18.6.2020, see art. 1

[^key-3c70882d4563e9fe3716129a232d68ff]: Sch. 8 para. 6 in force at 18.6.2020, see art. 1

[^key-00bf5429249c387d27f06519d8dcdcbf]: Sch. 8 para. 7 in force at 18.6.2020, see art. 1

[^key-a9e95b77f2eeddb56d947abfdc515afe]: Sch. 8 para. 8 in force at 18.6.2020, see art. 1

[^key-7908f9bf9efee039e3201884016cc71c]: Sch. 8 para. 9 in force at 18.6.2020, see art. 1

[^key-ea16ab9b892358b7083833b318cbce9f]: Sch. 8 para. 10 in force at 18.6.2020, see art. 1

[^key-e7f7ed2732ccf1e4d463f12ba992a668]: Sch. 8 para. 11 in force at 18.6.2020, see art. 1

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