The A19 Downhill Lane Junction Development Consent Order 2020

• (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) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), 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 part 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[^f00084];

• “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[^f00085];

• “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; and an 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;

• “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(2) of that code; and

• “operator” means the operator of an electronic communications code network.

16

The exercise of the powers conferred by article 32 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) to 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 8 — AMENDMENTS TO THE A19/A184 TESTO’S JUNCTION ALTERATION DEVELOPMENT CONSENT ORDER 2018

(1) Where the amendment is to be made	(2) How the amendment is to be made	(3) Text to be substituted, inserted or omitted
Article 40 (certification of documents, etc.)	After sub-paragraph (3) insert	“(4)The Testo’s plans as defined in the A19 Downhill Lane Junction Development Consent Order 2020 (the “latter Order”) are to be taken as plans or documents certified in accordance with paragraph (2) above once certified in accordance with article 41 (certification of documents, etc.) of the latter Order.”
In Schedule 1 (authorised development)	In Schedule 1 (authorised development)	In Schedule 1 (authorised development)
Work No.4	Omit
In Schedule 3 (classification of roads, etc.), Part 3 (other public rights of way)	In Schedule 3 (classification of roads, etc.), Part 3 (other public rights of way)	In Schedule 3 (classification of roads, etc.), Part 3 (other public rights of way)
Cycle track	Omit row 1
In Schedule 4 (permanent stopping up of streets and private means of access), Part 1 (public rights of way to be stopped up and for which a substitute is to be provided)	In Schedule 4 (permanent stopping up of streets and private means of access), Part 1 (public rights of way to be stopped up and for which a substitute is to be provided)	In Schedule 4 (permanent stopping up of streets and private means of access), Part 1 (public rights of way to be stopped up and for which a substitute is to be provided)
The stopping up of public right of way B46	In column (2) (extent of stopping up) substitute “1/8” with	“1/9”
In Schedule 10 (documents to be certified)	In Schedule 10 (documents to be certified)	In Schedule 10 (documents to be certified)
Works Plans – Regulation 5(4)	In column (3) (revision) substitute “2” with	“3”
Streets, Rights of Way and Access Plans – Regulation 5(4)	In column (3) (revision) substitute “1” with	“2”
Engineering Drawings and Sections – Regulations 5(2)(o), 5(4) and 6(2)	In column (3) (revision) substitute “1” with	“2”

SCHEDULE 9 — DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Document Reference	(3) Revision
Book of Reference – Regulation 5(2)(d)	TR010024/APP/4.3	5
Environmental Statement – Volume 1 – Regulation 5(2)(a)	TR010024/APP/6.1	0
Environmental Statement – Volume 2: The Figures – Regulation 5(2)(a)	TR010024/APP/6.2	0
Environmental Statement – Volume 3: The Appendices – Regulation 5(2)(a)	TR010024/APP/6.3	0
Statement relating to Statutory Nuisances – Regulation 5|(2)(f)	TR010024/APP/6.5	0
Flood Risk Assessment – Regulation 5(2)(e)	TR010024/APP/6.6	0
Assessment of Nature Conservation Effects – Regulation 5(2)(l)	TR010024/APP/6.7	0
Assessment of Historic Environmental Effects – Regulation 5(2)(m)	TR010024/APP/6.8	0
Habitats Regulations Assessment – Regulation 5(2)(g)	TR010024/APP/6.10	0
Outline CEMP – Regulation 5(2)(q)	TR010024/APP/7.2	0
Application Documents Errata – Regulation 5(2)(q)	TR010024/APP/7.6	1
Location Plan – Regulation 5(2)(o)	TR010024/APP/2.1	0
Scheme Layout Plan – Regulation 5(2)(o)	TR010024/APP/2.2	0
Land Plans – Regulation 5(4)	TR010024/APP/2.3	1
Works Plans – Regulation 5(4)	TR010024/APP/2.4	0
Streets, Rights of Way and Access Plans – Regulation 5(4)	TR010024/APP/2.5	1
Engineering Drawings and Sections – Regulations 5(2)(o), 5(4) and 6(2)	TR010024/APP/2.6	2

Signed

Signed by authority of the Secretary of State for Transport

Natasha Kopala — Head of the Transport and Works Act Orders Unit — Department for Transport — 16th July 2020

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises Highways England to undertake works to alter the junction of the A19 Downhill Lane Junction, near West Boldon in South Tyneside and Washington in Sunderland and carry out all associated works.

The Order permits Highways England to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also includes provisions in connection with the maintenance of the authorised development.

A copy of the plans, engineering drawings and sections, the book of reference, the environmental statement and the outline CEMP mentioned in this Order and certified in accordance with article 41 (certification of documents, etc.) of this Order may be inspected free of charge during normal working hours at Highways England, Great North House, 20 Allington Way, Darlington, DL1 4DY.

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.

[^f00010]: 1991 c. 22.

[^f00011]: 2008 c. 29.

[^f00012]: Section 56(4) was amended by section 32 of, and paragraph 10(2) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34),

[^f00013]: 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 paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00014]: 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.

[^f00015]: S.I. 2018/994.

[^f00016]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8, to the 1991 Act (c. 22). It was amended by section 57(1) of, and paragraph 95(2) and (3) of Schedule 1 to the Infrastructure Act 2015 (c. 7). There are other amendments which are not relevant to this Order.

[^f00017]: Section 10 was amended by section 22(2) of the 1991 Act; paragraph 22 of Schedule 2 to the 2008 Act; and by section 1 of, and Schedule 1 to, the Infrastructure Act 2015.

[^f00018]: Section 19(1) was amended by section 1 of, and Schedule 1 to, the Infrastructure Act 2015.

[^f00019]: 1991 c. 59. The definition of “drainage” was substituted by section 100(2) of the Environment Act 1995 (c. 25).

[^f00020]: 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 (c. 22).

[^f00021]: Section 184 was amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48); section 4 of, and paragraph 45(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11); and section 168 of, and paragraph 9 of Schedule 8 and Schedule 9 to, the 1991 Act.

[^f00022]: Section 56 was amended by sections 40 and 43 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00023]: Section 56A was inserted by section 44 of the Traffic Management Act 2004.

[^f00024]: Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00025]: Section 58A was inserted by section 52 of the Traffic Management Act 2004.

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

[^f00027]: Section 73B was inserted by section 55 of the Traffic Management Act 2004.

[^f00028]: Section 73C was inserted by section 55 of the Traffic Management Act 2004.

[^f00029]: Section 78A was inserted by section 57 of the Traffic Management Act 2004.

[^f00030]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.

[^f00031]: Sections 54, 55, 57, 60, 68 and 69 were amended by sections 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00032]: Section 54 was also amended by section 49(1) of the Traffic Management Act 2004.

[^f00033]: Section 55 was also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00034]: Section 57 was also amended by section 52(3) of the Traffic Management Act 2004.

[^f00035]: Section 59 was amended by section 42 of the Traffic Management Act 2004.

[^f00036]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

[^f00037]: 1991 c. 56.

[^f00038]: 2000 c. 26.

[^f00039]: 2004 c. 18.

[^f00040]: 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.

[^f00041]: 1991 c. 56. Section 106 was amended by section 35(1) and (8), 43(2) and 56(7) 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).

[^f00042]: S.I. 2016/1154, as amended by S.I. 2017/1012, S.I. 2017/1075, S.I. 2018/110, S.I. 2018/428, S.I. 2018/757, S.I. 2018/1227 and S.I. 2019/39.

[^f00043]: 1991 c. 57.

[^f00044]: Section 152 was amended by S.I 2009/1307.

[^f00045]: 1981 c. 67.

[^f00046]: 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).

[^f00047]: Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.

[^f00048]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c.22).

[^f00049]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.

[^f00050]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00051]: Section 5 was amended by paragraphs 4 and 6 of Schedule 15 to the Housing and Planning Act 2016 (c. 22).

[^f00052]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00053]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

[^f00054]: 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.

[^f00055]: Section 7(1) was substituted by Schedule 18 to the Housing and Planning Act 2016.

[^f00056]: Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

[^f00057]: Subsection (4A) of section 153 was inserted by section 200(1) and (2) of the Housing and Planning Act 2016 (c. 22).

[^f00058]: 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).

[^f00059]: S.I. 2018/994.

[^f00060]: 2003 c. 21. There are amendments to section 151 which are not relevant to this Order.

[^f00061]: S.I. 1997/1160.

[^f00062]: S.I. 2018/994.

[^f00063]: 2017 c. 20.

[^f00064]: 1990 c. 43. There are amendments to this subsection which are not relevant to this Order.

[^f00065]: Subsection (2) of section 82 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.

[^f00066]: 1974 c. 40. Section 61 was amended by section 162 of, and paragraph 15(1) and (3) of Schedule 3 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to section 61 which are not relevant to this Order.

[^f00067]: S.I. 2018/994.

[^f00068]: 1978 c. 30.

[^f00069]: 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).

[^f00070]: S.I. 2017/1012.

[^f00071]: 1981 c. 69.

[^f00072]: 1971 c. 80.

[^f00073]: 1973 c. 26.

[^f00074]: 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 (2006 No. 1), sections 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.

[^f00075]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00076]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.

[^f00077]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00078]: 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).

[^f00079]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I.2009/1307.

[^f00080]: 1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).

[^f00081]: 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.

[^f00082]: 1991 c. 56.

[^f00083]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and section 56 of, and paragraphs 2 and 90 of Schedule 7 to, the Water Act 2014 (c. 21). Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(1) and (2) of, and paragraphs 2 and 91 of Schedule 7 to the Water Act 2014.

[^f00084]: 2003 c. 21.

[^f00085]: Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).