The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

Made: 29th January 2021

Coming into force: 19th February 2021

An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 for an Order granting development consent.

The application was examined by a Panel of two members (“the Panel”) (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 .

The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74 of the 2008 Act, has submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.

The Secretary of State, in exercise of the powers conferred by sections 114, 115 , 117, 120, 122 and 123 of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

PART 1 — PRELIMINARY

Citation and commencement

1

This Order may be cited as the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 and comes into force on 19th February 2021.

Interpretation

2

• (1) In this Order except where provided otherwise—

• “the 1961 Act” means the Land Compensation Act 1961 ;

• “the 1965 Act” means the Compulsory Purchase Act 1965 ;

• “the 1980 Act” means the Highways Act 1980 ;

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981 ;

• “the 1984 Act” means the Road Traffic Regulation Act 1984 ;

• “the 1990 Act” means the Town and Country Planning Act 1990 ;

• “the 1991 Act” means the New Roads and Street Works Act 1991 ;

• “the 2008 Act” means the Planning Act 2008 ;

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

• “adjacent land” means that land which is necessary to carry out the development of the Works or ensure the safe construction of any section or part of the Works;

• “apparatus” has the same meaning as in Part 3 of the 1991 Act;

• “authorised development” means the development and associated development described in Schedule 1 (authorised development) which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

• “the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order and set out in Part 6 (land plans, crown land plan and book of reference) of Schedule 9 (documents to be certified);

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

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

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

• “the classification of roads plans” means the plans certified by the Secretary of State as the classification of roads plans for the purposes of this Order and set out in Part 1 (classification of roads plans) of Schedule 9;

• “commence” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act ) forming part of the authorised development other than operations consisting of archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, creation of working areas for remedial works, erection of any temporary means of enclosure, receipt and erection of construction plant and equipment, and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

• “cycle track” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act ;

• “the de-trunking plans” means the plans certified by the Secretary of State as the de-trunking plans for the purposes of this Order set out in Part 2 (de-trunking plans) of Schedule 9;

• “electronic transmission” means a communication transmitted—by means of an electronic communications network; orby other means but while in electronic form,and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003 ;

• “the environmental statement” means the documents certified by the Secretary of State as the environmental statement for the purposes of this Order set out in Part 4 (the environmental statement) of Schedule 9;

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

• “the general arrangement plans” means the plans certified by the Secretary of State as the general arrangement plans for the purposes of this Order set out in Part 5 (general arrangement plans) of Schedule 9;

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

• “the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order set out in Part 6 of Schedule 9;

• “the limits of deviation” means the limits of deviation referred to in article 8 (limits of deviation);

• “the local highway authority” means Somerset County Council;

• “maintain” includes, to the extent assessed in the environmental statement, inspect, repair, adjust, alter, remove, replace or reconstruct in relation to the authorised development and any derivative of “maintain” is to be construed accordingly;

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

• “the Order limits” means the limits of the land to be acquired or used permanently or temporarily shown on the land plans and works plans within which the authorised development may be carried out;

• “the outline environmental management plan” means the document of that description certified by the Secretary of State as the outline environmental management plan for the purposes of this Order and set out in Part 11 (other documents) of Schedule 9;

• “the outline written heritage scheme of investigation” means the document of that description certified by the Secretary of State as the outline written heritage scheme of investigation for the purposes of this Order and set out in Part 11 of Schedule 9;

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

• “the relevant planning authority” means the local planning authority for the land and matter in question, being South Somerset District Council or Somerset County Council;

• “the rights of way and access plans” means the plans certified by the Secretary of State as the rights of way and access plans for the purposes of this Order set out in Part 8 (rights and way and access plans) of Schedule 9;

• “the Secretary of State” means the Secretary of State for Transport;

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

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

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

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

• “the traffic regulation measures plans” means the plans certified by the Secretary of State as the traffic regulation measures plans for the purposes of this Order set out in Part 9 (traffic regulation measures plans) of Schedule 9;

• “trunk road” means a highway which is a trunk road by virtue of—section 10 (general provision as to trunk roads) or section 19(1) (certain special roads and other highways to become trunk roads) of the 1980 Act;an order made or direction given under section 10 of that Act;an order granting development consent; orany other enactment;

• “the undertaker” means Highways England Company Limited, company number 09346363, whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

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

• “the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order set out in Part 10 (work plans) of Schedule 9.

• (2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

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

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

• (5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the specified plan(s).

• (6) References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

Disapplication of legislative provisions

3

• (1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development–

• (a) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (bye-law making powers of the appropriate agency) to the Water Resources Act 1991 ;

• (b) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991 ;

• (c) section 32 (variation of awards) of the Land Drainage Act 1991; and

• (d) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991.

• (2) In so far as they relate to the temporary possession of land, the provisions of the Neighbourhood Planning Act 2017 do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and any maintenance of any part of the authorised development.

Maintenance of drainage works

4

• (1) Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

• (2) In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991.

PART 2 — PRINCIPAL POWERS

Development consent etc. granted by the Order

5

• (1) Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

• (2) Any enactment applying to land within the Order limits or adjacent land has effect subject to the provisions of this Order.

Maintenance of authorised development

6

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

Planning permission

7

If planning permission is granted under the powers conferred by the 1990 Act for development any part of which is within the Order limits following the coming into force of this Order that is—

• (a) not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; or

• (b) required to complete or enable the use or operation of any part of the development authorised by this Order,

then the carrying out, use or operation of such development under the terms of the planning permission does not constitute a breach of the terms of this Order.

Limits of deviation

8

In carrying out the authorised development the undertaker may—

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

• (b) deviate vertically from the levels of the authorised development shown on the engineering drawings and sections—

• (i) in respect of Work Nos. 81, 85 and 92 to a maximum of 1 metre upwards or 5 metres downwards; or

• (ii) for all other works to a maximum of 1 metre upwards or downwards.

except that these maximum limits of vertical deviation do not apply where it is demonstrated by the undertaker to the Secretary of State's satisfaction and the Secretary of State, after consultation with the relevant planning authority and the local highway authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Benefit of Order

9

• (1) Subject to article 10 (consent to transfer benefit of Order) and paragraph (2), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

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

Consent to transfer benefit of Order

10

• (1) The undertaker may—

• (a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

• (b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

• (2) Where an agreement has been made in accordance with paragraph (1), references in this Order to the undertaker, except in paragraph (3), include references to the transferee or the lessee.

• (3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

• (4) The consent of the Secretary of State is required for a transfer or grant under this article, except where the transfer or grant is made to—

• (a) Southern Electric Power Distribution plc (company number 04094290, whose registered office is at No.1 Forbury Place, 43 Forbury Road, Reading, United Kingdom, RG1 3JH) for the purposes of undertaking Work Nos. 9, 35, 37, 38, 38a, 48. 70, 73, 76 and 79;

• (b) Wessex Water Services Limited (company number 02366648, whose registered office is at Wessex Water Operations Centre, Claverton Down Road, Claverton Down, Bath, BA2 7WW); for the purposes of undertaking Works No. 32, 44, 46, 74 and 77;

• (c) British Telecommunications Public Limited Company (company number 01800000, whose registered office is at 81 Newgate Street, London, EC1A 7AJ) for the purposes of undertaking the other works;

• (d) Openreach Limited (company number 10690039, whose registered office is at Kelvin House, 123 Judd Street, London, WC1H 9NP) for the purposes of undertaking the other works;

• (e) Sky Telecommunications Services Limited, company number 02883980, whose registered office is at Grant Way, Isleworth, Middlesex, TW7 5QD) for the purposes of undertaking the other works;

• (f) Virgin Media Limited, (company number 02591237, whose registered office is at 500 Brook Drive, Reading, United Kingdom, RG2 6UU) for the purposes of undertaking the other works;

• (g) Level 3 Communications Limited, (company number 03514850, whose registered office is at 260-266 Goswell Road, London EC1V 7EB) for the purposes of undertaking the other works;

• (h) CenturyLink Limited (company number 09626356, whose registered office is at 260-266 Goswell Road, London EC1V 7EB) for the purposes of undertaking the other works; or

• (i) O'Connor Utilities Limited, (company number 02916906, whose registered office is at 10 Sandfold Lane, Manchester, M19 3BJ) for the purposes of undertaking the other works.

• (5) In paragraph (4)(c) to (i) “the other works” means Work Nos. 8, 13, 31, 33, 34, 36, 43, 45, 47, 69, 71, 72, 75, 78, 84, 96, 97 and 98.

PART 3 — STREETS

Street works

11

• (1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets as are within the Order limits and may—