The A1 Birtley to Coal House Development Consent Order 2021

Work No. 1a – The widening, alteration and realignment of the southbound carriageway of the A1 dual carriageway on the approach to Junction 67 (Coal House) commencing at 424371E; 558644N and terminating at grid reference 425284E; 558511N;

Work No. 1b – The widening, alteration and realignment of the northbound carriageway of the A1 dual carriageway on the approach to Junction 67 (Coal House) commencing at grid reference 424366E; 558629N and terminating at grid reference 425277E; 558492N with Work Nos. 1a and 1b including—

• (i) the widening, alteration and realignment of the existing highway with construction of new pavements, embankments, retaining walls, ground improvements (to increase bearing capacity of proposed retaining walls) and landscaping to create 3 no. lanes in each direction;

• (ii) the provision of a hardened central reserve with a rigid concrete barrier or steel step barrier dividing the southbound and northbound carriageways;

• (iii) removal of existing road lighting and installation of new lighting columns within the highway verge of each carriageway;

• (iv) associated drainage works and underground storage drainage facilities within the Coal House roundabout to collect and store water and works to associated existing outfalls to the River Team;

• (v) treatment of underground historical mine workings to reduce the risk of ground instability to include drilling and grouting, mine shaft stabilisation and/or installation of other protection measures;

• (vi) the construction of advanced directional gantry signs, including sign foundations and sign structures;

• (vii) installation of road signs including sign foundations, sign structure, signs, signals, sign illumination, control cabinets, power and communication cable connections;

• (viii) associated utility works and diversions within the highway verge of each carriageway;

• (ix) removal of Vehicle Activated Sign and motorway signals; and

• (x) installation of CCTV, MIDAS and traffic counting equipment with associated ducting.

Work No. 2 - The widening of the existing Kingsway Viaduct bridge over Coal House Roundabout at Junction 67 (Coal House) to accommodate the widened highway associated with Work No. 1b including substructure and superstructure elements and removal of existing road lighting and installation of new lighting columns on the bridge deck;

Work No. 3a - The widening, alteration and realignment of the southbound off slip with associated embankment, retaining walls, ground improvements (to increase bearing capacity), drainage, road signs, communications ducting, road lighting, utility diversions and landscaping, commencing at grid reference 424691E; 558594N and terminating at grid reference 424877E; 558582N;

Work No. 3b - The widening, alteration and realignment of the southbound on slip with associated embankment, retaining walls, ground improvements (to increase bearing capacity), drainage, road signs, communications ducting, road lighting, utility diversions and landscaping, commencing at grid reference 425012E; 558584N and terminating at grid reference 425255E; 558533N;

Work No. 3c - The widening, alteration and realignment of the northbound off slip with associated embankment, retaining walls, ground improvements (to increase bearing capacity), drainage, road signs, communications ducting, road lighting, utility diversions and landscaping, commencing at grid reference 425232E; 558497N and terminating at grid reference 425009E; 558512N;

Work No. 3d - The widening, alteration and realignment of the northbound on slip with associated embankments, cuttings, retaining walls and associated ground improvements (to increase bearing capacity), drainage, road signs, communications ducting, road lighting, utility diversions, realignment of existing noise barrier and landscaping commencing at grid reference 424895E; 558519N and terminating at grid reference 424636E; 558569N;

Work No. 4a – The construction of a new offline section of the A1 southbound carriageway between Junction 67 (Coal House) and Smithy Lane Overbridge commencing at grid reference 425284E; 558511N and terminating at grid reference 425772E; 558281N;

Work No. 4b – The construction of a new offline section of the A1 dual carriageway to create 4 no. lanes northbound between Junction 67 (Coal House) and Smithy Lane Overbridge commencing at grid reference 425277E; 558492N and terminating at grid reference 425755E; 558265N;

With Work Nos. 4a and 4b including—

• (i) construction of new highway with associated embankments, ground improvements, drainage facilities and roadside furniture;

• (ii) the provision of a hardened central reserve with a rigid concrete barrier or steel step barrier dividing the southbound and northbound carriageways;

• (iii) installation of lighting columns in the verge;

• (iv) the construction of advanced directional gantry signs, including sign foundations and sign structures;

• (v) demolition of existing verge mounted road signs and installation of replacement new road signs including sign foundations, sign structure, signs, signals, sign illumination, control cabinets, power and communication cable connections;

• (vi) treatment of underground historical mine workings to reduce the risk of ground instability to include drilling and grouting and/or installation of other protection measures;

• (vii) landscaping;

• (viii) relocation of existing internally illuminated tactical variable message sign within verge with associated ducting and reinstallation of existing CCTV in its current position; and

• (ix) associated utility works and diversions within the highway verge of each carriageway;

Work No. 5a – Construction of a new offline structure to cross the East Coast Main Line, accommodating the widened highway comprised in Works No. 4a and 4b including substructure and superstructure elements and removal of existing/installation of new road lighting, safety barriers, drainage, pavement and advance directional sign gantries comprising one of—

• (i) a single span bridge structure supported by embankments with ground improvements in the form of rigid inclusions extending into subsoil beneath the embankments;

• (ii) a viaduct structure with three spans supported on rigid piled foundations and associated superstructure, substructure and earthwork elements;

• (iii) a viaduct structure with six spans supported on rigid piled foundations and associated superstructure, substructure and earthwork elements; or

• (iv) a viaduct structure with seven spans supported on rigid piled foundations and associated superstructure, substructure and earthwork elements;

Work No. 5b -The demolition of the existing Allerdene Railway bridge and its associated embankments in the area shown on the works plans;

Work No. 6a – The widening, alteration and realignment of the southbound carriageway of the A1 dual carriageway between Smithy Lane Overbridge and Junction 65 (Birtley) commencing at grid reference 425772E; 558281N and terminating at grid reference 428181E; 556704N;

Work No. 6b – The widening, alteration and realignment of the northbound carriageway of the A1 dual carriageway between Smithy Lane Overbridge and Junction 65 (Birtley) commencing at grid reference 425755E; 558265N and terminating at grid reference 428196E; 556627N with Work Nos.6a and 6b including—

• (i) the widening, alteration and realignment of the existing highway with construction of new pavements, embankments, retaining walls, ground improvements (to increase bearing capacity), drainage and landscaping to create 4 no. lanes in each direction, except through Junction 66 (Eighton Lodge) on the northbound carriageway, which will comprise of 3 no. lanes;

• (ii) the provision of a hardened central reserve with a rigid concrete barrier or steel step barrier dividing the southbound and northbound carriageways;

• (iii) removal of existing lighting and installation of new lighting columns within the highway verge of each carriageway;

• (iv) widening of the existing Eighton Lodge Slip Road Underbridge highway structure with associated embankment, substructure and superstructure elements;

• (v) widening of the existing Eighton Lodge North Underbridge highway structure with associated embankment, substructure and superstructure elements;

• (vi) widening of the existing Eighton Lodge South Underbridge highway structure with associated embankment, substructure and superstructure elements;

• (vii) treatment of underground historical mine workings to reduce the risk of ground instability to include drilling and grouting, mine shaft stabilisation and/or installation of other protection measures;

• (viii) the construction of advanced directional gantry signs, including sign foundations and sign structures;

• (ix) installation of road signs including sign foundations, sign structure, signs, signals, sign illumination, control cabinets, power and communication cable connections;

• (x) removal of Vehicle Activated Sign and motorway signals;

• (xi) installation of CCTV, MIDAS and traffic counting equipment with associated ducting;

• (xii) associated drainage works and works to associated existing outfalls; and

• (xiii) associated utility works and diversions within the highway verge;

Work No. 7a - The widening, alteration and realignment of the southbound off slip at Junction 66 (Eighton Lodge) with associated embankment, cuttings, retaining walls, treatment of underground historical mine workings (to include drilling and grouting and/or installation of other protection measures), road signs, communications ducting, road lighting, drainage, utility diversions and landscaping commencing at grid reference 426300E; 557750N and terminating at grid reference 426436E; 557693N;

Work No. 7b - The widening, alteration and realignment of the southbound on slip at Junction 66 (Eighton Lodge) with associated embankment, cuttings, retaining walls, treatment of underground historical mine workings (to include drilling and grouting and/or installation of other protection measures), road signs, communications ducting, road lighting, drainage, utility diversions and landscaping commencing at grid reference 426846E; 557487N and terminating at grid reference 427105E; 557361N;

Work No. 7c - The widening, alteration and realignment of the northbound off slip at Junction 66 (Eighton Lodge) with associated embankment, retaining walls, treatment of underground historical mine workings (to include drilling and grouting and/or installation of other protection measures), road lighting and landscaping commencing at grid reference 427092E; 557322N and terminating at grid reference 426817E; 557418N;

Work No. 7d - The widening, alteration and realignment of the northbound on slip at Junction 66 (Eighton Lodge) with associated embankment, cuttings, retaining walls, treatment of underground historical mine workings (to include drilling and grouting and/or installation of other protection measures), road lighting and landscaping commencing at grid reference 426518E; 557514N and terminating at grid reference 426329E; 557677N;

Work No. 8a - The widening, alteration and realignment of the southbound off slip at Junction 65 (Birtley) with associated embankment, cuttings, retaining walls, treatment of underground historical mine workings (to include drilling and grouting and/or installation of other protection measures), verge ducting, road signs, communications ducting, road lighting, drainage, and landscaping commencing at grid reference 427878E; 556918N and terminating at grid reference 428173E; 556883N;

Work No. 8b - The widening, alteration and realignment of the northbound on slip at Junction 65 (Birtley) with associated embankment, cuttings, retaining walls, treatment of underground historical mine workings (to include drilling and grouting and/or installation of other protection measures), drainage, underground storage drainage facility, verge ducting, road signs, communications ducting, road lighting, and landscaping commencing at grid reference 428076E; 556499N with local access from the B1288 at grid reference 428151E; 556456N and terminating at grid reference 428150E; 556684N;

Work No. 9– Diversion of existing Northern Gas Networks Gas Pipeline on land adjacent to Lamesley Road that runs to the south of Work No. 10 commencing at grid reference 425100E, 558405N and terminating at grid reference 425176E, 558400N;

Work No. 10–Construction of a gas transfer station building for the benefit of Northern Gas Networks Ltd with associated connections to Work Nos. 9, 13, 14 and 15;

Work No. 11 - Construction of a private maintenance access road from Lamesley Road for maintenance of gas, rail and highway structures;

Work No. 12 - Construction of a replacement gas transfer station building for the benefit of Northern Gas Networks Ltd with associated connections to Work Nos. 15 and 16;

Work No. 13 – Diversion of existing Northern Gas Networks Gas Pipeline on land adjacent to Lamesley Road commencing at grid reference 425104E; 558478N and terminating at grid reference 425122E; 558409N;

Work No. 14 - Diversion of existing Northern Gas Networks Gas Pipeline on land adjacent to Lamesley Road commencing at grid reference 425110E; 558482N and terminating at grid reference 425161E; 558455N;

Work No. 15 - Diversion of existing Northern Gas Networks Gas Pipeline extending under A1 highway between land adjacent to Lamesley Road and land adjacent to Chowdene Bank commencing at grid reference 425183E; 558448N and terminating at grid reference 425311E; 558568N;

Work No. 16 - Diversion of existing Northern Gas Networks Gas Pipeline on land adjacent to Chowdene Bank commencing at grid reference 425315E; 558601N and terminating at grid reference 425393E; 558655N;

Work No. 17 – Construction of an access road from the main A1 southbound carriageway that connects to a drainage attenuation pond and pipe outfall to Allerdene Culvert referred to in Work No. 20;

Work No. 18 – Demolition of existing North Dene Footbridge and construction of a new foot/cycle bridge in place of the existing with associated approach ramps over the A1 carriageway at a point 900m south of Junction 66 (Eighton Lodge) and grid reference 427468E; 557101N including associated substructure and superstructure elements, treatment of underground historical mine workings (to include drilling and grouting and/or installation of other protection measures), embankments, retaining walls, utility diversions and hardstanding;

Work No. 19– Extension of the north side of the Longbank Bridleway Underpass and its associated embankments and other substructure and superstructure elements and provision of lighting, in order to accommodate the highway widening above proposed under Work Nos. 6a and 7b and associated fencing, drainage and footpath improvements on approach to Underpass adjacent to the northbound and southbound carriageways at grid reference 427184E; 557331N; with realignment of the existing footpath and associated improvements commencing west of the Underpass at grid reference 427102E; 557500N and terminating east of the Underpass at grid reference 427364E; 557402N;

Work No. 20 – Alteration and realignment of existing culverted watercourse under the A1 carriageway in the vicinity of Allerdene Bridge, such works including—

• (i) removal of existing culvert and creation of new culverted sections; and/or

• (ii) removal of existing culvert structure and creation of an open ditch with associated substructures, embankments, and landscaping;

Work No. 21 – Temporary construction access required between Woodford and Allerdene Bridge to carry out the demolition of the existing Allerdene Bridge;

Work No. 22 – Diversion of Northumbrian Water main under the A1 carriageway between Junction 67 (Coal House) and Smithy Lane Overbridge associated with Work Nos. 4a and 4b, commencing at grid reference 425672E; 558288N and terminating at grid reference 425983E; 558273N;

Work No. 23 – Removal of existing Overhead Line Equipment structures on the East Coast Main Line, including those attached to the underside of the existing Allerdene Bridge structure, and installation of replacement Overhead Line Equipment (with associated foundations and utility diversions) and drainage, signalling and power supply works to tie in with existing rail infrastructure commencing at grid reference 425620E; 558165N and terminating at grid reference 425435E; 558638N;

and in connection with the construction of any of those works, and to the extent that they do not otherwise form part of any such work, and whether or not shown on the plans referred to in the requirements further development within the order limits consisting of—

• (a) the provision of up to two construction compounds and two working compounds in the areas shown on the works plans;

• (b) alteration of the layout of any street permanently or temporarily, including but not limited to realignment of carriageways and 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, footway, cycle track or verge; and reducing the width of the carriageway of the street;

• (c) ramps, means of access, footpaths, bridleways, cycle tracks, embankments, aprons, abutments, shafts, foundations, retaining walls, wing walls, bunds, embankment swales, fencing, boundary treatments and highway lighting and culverts;

• (d) street works including breaking up or opening a street, or any sewer, drain or tunnel under it, tunnelling or boring under a street, work to place or maintain apparatus in a street, works to alter the position of apparatus, including mains, sewers, drains and cables;

• (e) the provision of thin surface course and carriageway markings;

• (f) temporary and permanent diversion of utilities apparatus, including gas and water pipelines and electric and telecommunication cables;

• (g) earthworks, including the extension of earthworks;

• (h) retaining structures;

• (i) barriers, including safety barriers;

• (j) fencing;

• (k) refurbishment works to any existing bridge or gantry;

• (l) works to alter the course of, or otherwise interfere with a watercourse, including without limitation works to the River Team including temporary culverting;

• (m) 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;

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

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

• (p) signage and road marking;

• (q) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soils stripping, storage, and site levelling);

• (r) the felling of trees and hedgerows;

• (s) the 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;

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

• (u) the provision of drainage works including attenuation ponds, outfalls, ditches, culverts; and

• (v) 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 environment effects in comparison with those reported in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

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

• “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017 ;

• “HEMP” means the handover environmental management plan, to be developed and completed by the end of the construction, commissioning and handover stage of the authorised development which is to contain—the environmental information needed for the future maintenance and operation of the authorised development;the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; anda record of the consents, commitments and permissions resulting from liaison with statutory bodies;

• “the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authorities for England, Scotland, Wales and Northern Ireland, or any equivalent replacement published for that document;

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

• “outline CEMP” means the document of that description submitted with the application for this order and certified as the outline CEMP by the Secretary of State for the purposes of this Order; and

• “REAC” means the register of environmental actions and commitments contained in the Outline CEMP.

Time limits

2

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

Detailed design – general design requirements

3

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

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

Design of gas transfer buildings3Except where carried out in accordance with the approved details submitted to comply with a condition issued by Gateshead Council on 4 March 2020 under reference DC/20/00059/NI no part of Work No. 10 or 12 may commence until the details of the layout, scale and external appearance (including materials which are proposed to be used and proposed finishes) of the above ground structures comprised in Work Nos. 10 and 12 have been submitted to and approved by the Secretary of State in consultation with the relevant planning authority. The approved details must not give rise to any materially new or materially different environmental effects in comparison to the approved details submitted to comply with a condition issued by Gateshead Council on 4 March 2020 under reference DC/20/00059/NI.4Work Nos. 10 and 12 shall be constructed in accordance with the approved details submitted to comply with a condition issued by Gateshead Council on 4 March 2020 under reference DC/20/00059/NI or otherwise in accordance with the details approved under sub-paragraph (3).5No part of Work No. 12 may be commenced by the undertaker until a scheme for the demolition of the existing gas transfer building (including the timescale for such demolition) has been submitted to and approved by the Secretary of State in consultation with the relevant planning authority. The demolition of the existing gas transfer building shall be carried out in accordance with the approved scheme.6Without prejudice to article 6 (planning permission), nothing in sub-paragraphs (3) to (5) shall restrict Northern Gas Networks Limited from undertaking works authorised by a separate grant of planning permission or authorised in terms of the Town and Country Planning (General Permitted Development) (England) Order 2015 .

Design of gantries7No gantries shall be erected within the areas identified on the works plans as proposed new gantry areas until a signage strategy for the provision of signage in those areas (including the design and height of supporting gantries) has been submitted to and approved by the Secretary of State, in consultation with the relevant planning authority. The signage strategy shall consider or take account of—aany replacement of the Design Manual for Roads and Bridges Interim Advice Note 144/16 Directional Signs on Motorway and All-Purpose Trunk Roads: Grade Separated Junctions and the need to relocate signs in the verge in place of super span gantries;bthe use of single span gantries or cantilever gantries in substitution for super span gantries.cthe potential impact of the gantries on the setting of the Angel of the North; anddthe safety of road users, public safety in general, the need for directional signage and the safety of maintenance operatives.8The authorised development shall be constructed in accordance with the approved signage strategy.9Notwithstanding the terms of sub-paragraph (7), once the gantries have been erected in accordance with the approved signage strategy, the maintenance and, if necessary, replacement of the gantries shall be undertaken by the undertaker in accordance with the powers and duties of the 1980 Act. The carrying out of such maintenance and replacement in accordance with the 1980 Act shall not constitute a breach of this Order provided that such maintenance or replacement does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Design of structures10No part of Work No. 5a other than ground treatment, piling, abutments and supporting piers is to be constructed until a scheme for the following elements of the design of the bridge deck forming part of that work have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, in relation to—athe colour scheme for the bridge beams;bthe use of sustainable materials;cthe parapet systems compliant with operational highway and railway requirements; anddsoffits other than the design as shown on the engineering drawings and sections or which mirrors the existing Allerdene Bridge.11Work No. 5a shall be constructed in accordance with the approved details.12In this requirement—“cantilever gantry” means a gantry which spans a single carriageway with the support located in the verge of the carriageway only;“single span gantry” means a portal gantry which spans a single carriageway of a dual carriageway with one support located in the central reserve and the other support in the verge of the carriageway which it crosses; and“super span gantry” means a portal gantry which spans both carriageways of a dual carriageway with the supports located in the verges of each respective carriageway.

Construction and handover environmental management plans

4

• (1) Other than site clearance works carried out in terms of paragraph 16 (advance site clearance works), no part of the authorised development is to commence until a CEMP, substantially in accordance with the outline CEMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the Environment Agency and Historic England to the extent that it relates to matters relevant to its function.

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

• (a) be substantially in accordance with the mitigation measures set out in the REAC;

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

• (c) require adherence to working hours of 07:00–19:00 Mondays to Fridays and 07:30–13:00 on Saturday except for—

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

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

• (iii) junction tie-in works;

• (iv) works required in relation to the East Coast Main Line;

• (v) overnight traffic management measures;

• (vi) cases of emergency; and

• (vii) as otherwise agreed by the local authority in advance;

• (d) include the following management plans—

• (i) Communications Plan;

• (ii) Construction Traffic Management Plan;

• (iii) Landscape Management Plan;

• (iv) Ecological Management Plan including the Invasive Non-Native Species Management Plan, Riparian Protection Management Plan;

• (v) Soil Handling Strategy;

• (vi) Materials Management Plan;

• (vii) Site Waste Management Plan; Water Management Plan including the Temporary Surface Water Drainage Strategy; and

• (viii) Any other specific management plans identified during subsequent stages of the authorised development.

• (3) The construction of the authorised development must be carried out in accordance with the approved CEMP or such amendments to that CEMP as may be approved in writing by the Secretary of State following consultation with the relevant planning authority, the Environment Agency and Historic England to the extent that it relates to matters relevant to its function.

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

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

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

• (b) the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and

• (c) a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

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

Landscaping

5

• (1) Other than site clearance works carried out in terms of paragraph 16, no part of the authorised development is to commence until a landscaping scheme for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.

• (2) The landscaping scheme must be substantially in accordance with the mitigation measures set out in the REAC and must be based on either—

• (a) the illustrative environmental masterplan and landscape mitigation design annexed to the environmental statement; and

• (b) to the extent not consistent with sub-paragraph (a)—

• (i) subject to sub-paragraph (3), Option 1 as set out on page 27 of the Southern Green Options Report;

• (ii) subject to sub-paragraph (4), Option 2 as set out on page 29 of the Southern Green Options Report; or

• (iii) subject to sub-paragraph (4), Option 3 as set out on page 31 of the Southern Green Options Report.

• (3) Nothing shall require the landscaping scheme to be based on Option 1 of the Southern Green Options Report unless the relevant planning authority has entered into an agreement providing for any cost associated with Option 1 that is above the cost of the illustrative environmental masterplan and landscape mitigation design annexed to the environmental statement is to be paid or otherwise secured by the relevant planning authority.

• (4) Nothing shall require the landscaping scheme to be based on Option 2 or Option 3 of the Southern Green Options Report unless the relevant planning authority has—

• (a) made provision for sufficient land for the installation and maintenance of replacement woodland planting to mitigate the effects of the implementation of Option 2 or Option 3; and

• (b) entered into an agreement providing for any cost of Option 2 or Option 3 that is above the cost of the illustrative masterplan and landscape design annexed to the environmental statement is to be paid or otherwise secured by the relevant planning authority.

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

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

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

• (c) existing trees to be retained, with measures for their protection during the construction period;

• (d) proposed finished ground levels;

• (e) implementation timetables for all landscaping works; and

• (f) how the landscaping scheme addresses the guidance in paragraph 4.29 of the National Policy Statement for National Networks for the appearance of national network projects to demonstrate good aesthetics as far as possible.

• (6) All landscaping works must be carried out in accordance with the scheme referred to in sub-paragraph (1) to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

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

• (8) Planting will be undertaken at Longacre Wood to replace any trees that were intended to be retained which are felled or die as a result of construction works. The size, species and location of replacement trees will be included in the landscaping scheme required by sub-paragraph (1).

Contaminated land and groundwater

6

• (1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.

• (2) Where the undertaker determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function and the Environment Agency.

• (3) A suitable capping layer, comprising either 400mm layer of “clean” soil or a shallow thickness with a geotextile marker layer, will be constructed in any areas of soft landscape planting located over areas of made ground contaminated with asbestos. The details of any such capping layers shall be included within any remedial measures required in terms of sub-paragraph (2).

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

Protected species

7

• (1) Other than site clearance works carried out in terms of paragraph 16, no part of the authorised development is to commence until for that part final pre-construction survey work has been carried out to confirm whether European or nationally protected species are present on any of the land affected or likely to be affected by any part of the relevant works, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

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

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

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

• (c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph, the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

• (3) The undertaker must consult with Natural England on the scheme referred to in sub-paragraph (2) prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.

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

Surface and foul water drainage

8

• (1) Other than site clearance works carried out in terms of paragraph 16, no part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, in substantial accordance with the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its function.

• (2) The written details required by sub-paragraph (1) shall include culvert design. Where possible, culverts will be designed to include natural beds (between 100mm and 200mm) to maintain and assist fish passage. To mitigate for potential downstream impacts and maintain passage along watercourses, baffles or similar structures shall be included within existing culverts.

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

Archaeological remains

9

• (1) Other than site clearance works carried out in terms of paragraph 16, no part of the authorised development is to commence until for that part a final written scheme of investigation (FWSI) of areas of archaeological interest has been submitted to and approved in writing by the Secretary of State, in consultation with the relevant planning authority and Historic England on matters related to its function. The FWSI shall be substantially in accordance with the mitigation measures included in the REAC and the outline written scheme of investigation and shall include a programme of archaeological reporting, post excavation and publication including a timescale for such reporting and publication.

• (2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State.

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

• (4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and reported to the relevant planning authority, and to Historic England in the case of the scheduled monument area, as soon as reasonably practicable from the date they are identified.

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

• (6) If the relevant planning authority or, in the case of a scheduled monument, Historic England determines in writing that the archaeological remains referred to in sub-paragraph (4) require further investigation or mitigation, no construction operations are to take place within 10 metres of the remains until provision has been made for such mitigation or the further investigation and recording of the remains in accordance with details to be submitted in writing to, and approved in writing by, the relevant planning authority or, in the case of a scheduled monument, Historic England.

Traffic management

10

• (1) Other than site clearance works carried out in terms of paragraph 16, no part of the authorised development is to commence until a traffic management plan for that part has been submitted to and approved in writing by the Secretary of State, following consultation with Sunderland City Council and the relevant planning authority on matters related to its function.

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

• (3) The formation of a construction compound or working compound may not commence until details of the siting, design and layout (including visibility splays and construction specification) of any new or modified permanent or temporary means of access between that compound and the public highway to be used by vehicular traffic during construction, and the means of reinstating any temporary means of access after construction (where reinstatement is to take place) has been submitted to and approved by the Secretary of State, in consultation with the local highway authority. The access to the construction and working compounds must be constructed in accordance with the approved details.

Amendments to approved details

11

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

Design of North Dene Footbridge

12

• (1) The North Dene Footbridge shall be replaced in terms of Work No.18 in its current location with a new footbridge which will have a single drawstring truss.

• (2) The existing North Dene Footbridge shall not be demolished and no part of the replacement bridge to be constructed in terms of Work No. 18 may commence until the details of the demolition of the existing bridge, design of the replacement bridge (including how the design addresses the guidance in paragraph 4.29 of the National Policy Statement for National Networks for the appearance of national network projects to demonstrate good aesthetics as far as possible), together with details of the timings for the demolition and construction works have been submitted to and approved by the Secretary of State in consultation with the relevant planning authority.

• (3) Work No. 18 shall be constructed in accordance with the details approved under sub-paragraph (2).

Fencing

13

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with Volume 1, Series 0300 of the Manual of Contract Documents for Highway Works except—

• (a) where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development; or

• (b) where the fencing or enclosure is an acoustic barrier which is required by an entry in the REAC.

Allerdene bridge replacement

14

The undertaker is restricted to carrying out Work No.5a as one of the works specified in paragraph (i), (ii), (iii) or (iv) of Work No. 5a as follows—

• (a) in the event that the Work No. 5a is to comprise a single span bridge structure in terms of paragraph (i) of Work No. 5a then it shall be carried out substantially in accordance with Sheet 3 of the structures engineering drawings and sections;

• (b) in the event that the Work No. 5a is to comprise a three span bridge structure in terms of paragraph (ii) of Work No. 5a then it shall be carried out substantially in accordance with Sheet 16 of the structures engineering drawings and sections;

• (c) in the event that the Work No. 5a is to comprise a six span bridge structure in terms of paragraph (iii) of Work No. 5a then it shall be carried out substantially in accordance with Sheet 4 of the structures engineering drawings and sections; or

• (d) in the event that the Work No. 5a is to comprise a seven span bridge structure in terms of paragraph (iv) of Work No. 5a then it shall be carried out substantially in accordance with Sheet 5 of the structures engineering drawings and sections.

Primary Design Mitigation

15

The Scheme shall include the following primary mitigation measures—

• (a) a retaining wall will be included to retain the access road located adjacent to junction 65 (Birtley) southbound exit slip to ensure access is maintained to properties which use Northside to the north east of the A1 serving the Bowes Incline hotel and Angel of the North fishing lakes; and

• (b) the earthworks design for the highway widening at Longacre Wood shall use a 1:2 slope at Longacre Wood so as to minimise land take at this location as illustrated on the General Arrangement Drawings.

Advance site clearance works

16

• (1) No vegetation clearance shall take place until a construction management plan for vegetation clearance to be undertaken as part of the authorised works has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the Environment Agency and Historic England to the extent that it relates to matters relevant to the function of the relevant consulted party.

• (2) The construction management plan required by sub-paragraph (1) shall include measures to address items G4, A1, A2, L1, L3, B5, B6, B7, B8, B12, B13, B15, B18, B22, B24, B25, M6 and N5 of the REAC insofar as they relate to vegetation clearance.

• (3) The vegetation clearance comprised in the authorised works shall be carried out in accordance with the construction management plan approved in terms of sub-paragraph (1).

Details of construction compound

17

• (1) Subject to sub-paragraph (3), in the event that the undertaker proposes to undertake Work No. 5a as provided in paragraph (iii) or (iv) of Work No. 5a comprising a six span or seven span viaduct respectively then the undertaker may only exercise powers of temporary possession over plot 3/13a of the land plans where a plan based upon those in Appendix A to the CEMP showing the extent and layout of the construction compound to be established at Junction 67 within the land delineated by a broken blue line on the Northern Gas Networks Land Ownership Plan has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

• (2) In considering the details to be submitted in terms of sub-paragraph (1), the undertaker and the Secretary of State shall have regard to—

• (a) the construction requirements of the chosen engineering design for Work No. 5a; and

• (b) the need to minimise the temporary possession of land within plot 3/13a of the land plans so far as reasonably practical.

• (3) In the event that the undertaker proposes to undertake Work No. 5a as provided in paragraph (iii) or (iv) of Work No.5a then the undertaker shall be restricted to exercising the power of temporary possession over plot 3/13a to that part of the land identified in the details approved in terms of sub-paragraph (1).

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

18

• (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

• (a) the day immediately following that on which the application is received by the Secretary of State;

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

• (c) such longer period as may be agreed between the parties.

• (2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification at the end of that period).

• (3) Where—

• (a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

• (b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

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

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

Further information

19

• (1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

• (2) In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within that 21 business day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

• (3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 18 (applications made under requirements) and in this paragraph.

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

Register of requirements

20

• (1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

• (2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

• (3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Anticipatory steps towards compliance with any requirement

21

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

SCHEDULE 3 — CLASSIFICATION OF ROADS ETC.

PART 1 — TRUNK ROADS

(1) Road	(1) Road
Junction 67 (Coal House) to Smithy Lane Overbridge for Southbound and Northbound carriageways	Between point 2/1 on Sheet 2 and point 3/16 on Sheet 3 of the Streets, Rights of Way and Access Plans.
Junction 67 (Coal House) Southbound on slip	Between point 3/1 and point 3/6 on Sheet 3 of the Streets, Rights of Way and Access Plans.
Junction 67 (Coal House) Northbound off slip	Between point 2/2 on Sheet 2 and point 3/5 on Sheet 3 of the Streets, Rights of Way and Access Plans.

PART 2 — OTHER RIGHTS OF WAY

(1) Public right of way	(2) Extent
Public Right of Way BI/16/1 leading to North Dene Footbridge (including crossing facilities over the A1 Southbound and Northbound carriageway)	To be substituted in part at its southern end where it meets the proposed North Dene Footbridge and continues over A1 Southbound and Northbound carriageway between point 6/4 and point 6/5 on Sheet 6 of the Streets, Rights of Way and Access Plans.

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS

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

(1) Street to be stopped up	(2) Extent of stopping up	(3) New highway to be substituted
The permanent stopping up and removal of the existing A1 carriageway and its embankments and associated structures. between junction 67 (Coal House) and Smithy Lane Overbridge.	From point 2/1 on Sheet 2 (measuring 800m in length) and terminating at point 3/16 on Sheet 3 of the Streets, Rights of Way and Access Plans.	Highway to be removed and replaced by Work Nos. 4a, 4b and 5a.

PART 2 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Public right of way to be stopped up	(2) Extent of stopping up	(3) New highway to be substituted
Permanent stopping up of existing footpath that crosses Public Right of Way LA/72a/16 (Longbank Bridleway) adjacent to southbound onslip at junction 66 (Eighton Lodge).	From point 5/3 on Sheet 5 and terminating at point 6/2 on Sheet 6 of the Streets, Rights of Way and Access Plans.	To be substituted by a new footpath that runs to the north of the existing footpath from point 5/3 on Sheet 5 and terminating at point 6/2 on Sheet 6 of the Streets, Rights of Way and Access Plans.

PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Private means of access to be stopped up	(2) Extent of stopping up	(3) New highway to be substituted
Private means of access from Lamesley Road to land adjacent to south side of proposed Allerdene Bridge and East Coast Main Line.	From point 3/3 on Sheet 3 to point 3/7 on Sheet 3 of the Streets, Rights of Way and Access Plans.	To be substituted by new access road from Lamesley Road from point 3/4 to point 3/8 on Sheet 3 of the Streets, Rights of Way and Access Plans.

SCHEDULE 5 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Public right of way to be stopped up	(2) Extent of stopping up	(3) New public right of way to be substituted
Temporary stopping up of Public Right of Way BI/16/1 leading to North Dene Footbridge (including crossing facilities over the A1 Northbound and Southbound carriageway).	Southern end of public right of way where it connects with existing footbridge at point 6/4 to point 6/5 on Sheet 6 of the Streets, Rights of Way and Access Plans.	To be substituted temporarily whilst the Footbridge is being demolished by a diversion route from point 6/4 to point 6/1 on Sheet 6 of the Streets, Rights of Way and Access Plans. The replacement Footbridge will be provided in the same location as the existing structure shown between point 6/4 and point 6/5 on Sheet 6 of the Streets, Rights of Way and Access Plans. A new footpath will be provided from point 6/5 to point 6/3 on Sheet 6 of the Streets, Rights of Way and Access Plans.
Temporary stopping up of Public Right of Way LA/72a/16 (referred to as Longbank Bridleway).	To be temporarily stopped up between point 5/4 on Sheet 5 and point 6/1 on Sheet 6 of the Streets, Rights of Way and Access Plans.	To be substituted temporarily by a diversion route that runs between point 6/1 on Sheet 6 and point 5/2 and point 5/5 on Sheet 5 of the Streets, Rights of Way and Access Plans.
Temporary stopping up of Public Right of Way GA/7/1 to provide construction works access with a controlled crossing point.	To be temporarily stopped up between point 3/10 and point 3/11 on Sheet 3 of the Streets, Rights of Way and Access Plans.	To include a controlled crossing point between point 3/10 and point 3/11 on Sheet 3 of the Streets, Rights of Way and Access Plans.
Temporary stopping up of Public Right of Way GA/6/1 to provide construction works access.	To be temporarily stopped up between point 3/12 and point 3/14 on Sheet 3 of the Streets, Rights of Way and Access Plans.	To include a controlled crossing point between point 3/12 and point 3/14 on Sheet 3 of the Streets, Rights of Way and Access Plans.
Temporary stopping up of footpath that runs parallel to A167 Durham Road from Angel of the North to junction 66 (Eighton Lodge).	To be temporarily stopped up from point 4/1 on Sheet 4 to point 5/1 on Sheet 5 of the Streets, Rights of Way and Access Plans.	To be substituted temporarily by a diversion route that runs to the north of the existing footpath from point 4/1 on Sheet 4 to point 5/1 on Sheet 5 of the Streets, Rights of Way and Access Plans.
Temporary stopping up of footpath that runs adjacent to the southbound off slip at junction 65 (Birtley).	To be temporarily stopped up from point 7/1 to point 7/2 on Sheet 7 of the Streets, Rights of Way and Access Plans.	To be substituted temporarily by a diversion route that runs to the north of the existing footpath from point 7/1 to point 7/2 on Sheet 7 of the Streets, Rights of Way and Access Plans.
Temporary stopping up of Public Right of Way LA/40/10 leading to the B1296 Longbank.	To be temporarily stopped up between point 5/6 and 5/7 on Sheet 5 of the Streets, Rights of Way and Access Plans.	To be substituted temporarily by a diversion route from point 5/6 and 5/7 on Sheet 5 of the Streets, Rights of Way and Access Plans.

SCHEDULE 6 — LAND IN RESPECT OF WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Plot Reference Number shown on Land Plan	(2) Purpose for which rights over land may be acquired	(3) Relevant part of the authorised development
Land Plans – Sheet 2	Land Plans – Sheet 2	Land Plans – Sheet 2
2/2	Construction of retaining wall, new/relocation of existing ADS signs, upgrading of road lighting (including rights for access and maintenance).	Work Nos. 1a and 3a
Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3
3/1	Construction of retaining wall, new/relocation of existing ADS signs, upgrading of road lighting (including rights for access and maintenance).	Work Nos. 1a and 3a
3/3e	Required for works within and around junction 67 (Coal House) Roundabout including works to River Team. Required for access to construct and maintain works to junction 67 (Coal House) northbound on slip road. Rights to construct and retain grouting works under land and maintenance.	Work Nos. 1b and 3d
3/3f	Required for works within and around junction 67 (Coal House) Roundabout including works to River Team. Required for access to construct and maintain works to junction 67 (Coal House) northbound on slip road. Rights to construct and retain grouting works under land.	Work Nos. 2 and 3d
3/3g	New right to widen the existing Kingsway Viaduct and operate, access and maintain the structure (including the airspace underneath and extending up to 15m either side) and for grouting works on the land underneath the proposed new structure.	Work Nos. 2 and 3d
3/3h	New right to widen the existing Kingsway Viaduct and operate, access and maintain the structure (including the airspace underneath and extending up to 15m either side) and for grouting works on the land underneath the proposed new structure.	Work Nos. 2 and 3a
3/3i	New right to widen the existing Kingsway Viaduct and operate, access and maintain the structure (including the airspace underneath and extending up to 15m either side). Rights to construct and retain grouting works under land.	Work Nos. 2 and 3a
3/3z	New right to widen the existing Kingsway Viaduct and operate, access and maintain the structure (including the airspace underneath and extending up to 15m either side). Grouting works under land.	Work Nos. 2, 3c and 3d
3/3dd	Required for works within and around junction 67 (Coal House) Roundabout including works to River Team. Required for access to construct works to junction 67 (Coal House) northbound off slip road. Grouting works under land.	Work Nos. 1b, 2, 3c and 3d
3/3ff	Required for works within and around junction 67 (Coal House) Roundabout including works to River Team. Required for access to construct works to junction 67 (Coal House) northbound off slip road. Grouting works under land.	Work Nos. 2 and 3c
3/3gg	Required for works within and around junction 67 (Coal House) Roundabout including works to River Team. Rights to construct and retain grouting works under land.	Work Nos. 2 and 3b
3/3hh	New right to widen the existing Kingsway Viaduct and operate, access and maintain the structure (including the airspace underneath and extending up to 15m either side) and for grouting works on the land underneath the proposed new structure.	Work Nos. 2 and 3b
3/3ll	New right to construct, operate, access and maintain a private maintenance access road on land adjacent to Lamesley Road and extending to land adjacent to south side of the proposed Allerdene Bridge and the East Coast Main Line for the benefit of Network Rail, Highways England and Northern Gas Networks Ltd.	Work No. 11
3/3mm	Required for diversion of existing Northern Gas Networks pipelines. Required for access to construct works to junction 67 (Coal House) northbound off slip road. Grouting works under land.	Work Nos. 3c, 13 and 14
3/3pp, 3/3qq, 3/3tt	Required for works within and around junction 67 (Coal House) Roundabout including works to River Team. Rights to construct and retain grouting works under land.	Work Nos. 1a and 3b
3/3ww	Required to access and carry out the demolition of the existing Allerdene Bridge, the construction of the replacement Allerdene Bridge and associated Overhead Line Equipment, and for installation and retention of grouting works on the land underneath the proposed new structure.	Work Nos. 5a, 5b and 23
3/3yy	New right to demolish the existing Allerdene Bridge and construct, operate, access and maintain a replacement offline Allerdene Bridge structure.	Work Nos. 5a, 5b and 21
3/3aaa	Required for proposed Northumbrian Water pipeline diversion. Rights to construct and retain grouting works under land.	Work Nos. 4b, 5a, and 22
3/3hhh	New right to access, operate, make alterations to and maintain the existing drainage outlet pipeline.	Work No. 6a
3/3kkk	Required for access and to construct proposed highway and associated embankment. Rights to construct and retain grouting works under land.	Work Nos. 6a and 7a
3/3lll	New right to access, operate, make alterations to and maintain the existing drainage outlet pipeline. Rights to construct and retain grouting works under land.	Work Nos. 6a and 7a
3/3nnn	Required for access and to construct proposed highway and associated embankment. Required to alter existing drainage outlets. Rights to construct and retain grouting works under land.	Work Nos. 6a and 7a
3/4a, 3/4b	New right to widen the existing Kingsway Viaduct and operate, access and maintain the structure (including the airspace underneath and extending up to 15m either side) and for grouting works on the land underneath the proposed new structure.	Work Nos. 1a, 1b and 2
3/4q	Required to access, maintain and alter existing drainage outlet and ditch and to access the main highway works. Rights to construct and retain grouting works under land.	Work No. 6b
3/6b	New right to construct, operate, access and maintain a private maintenance access road on land adjacent to Lamesley Road and extending to land adjacent to south side of the proposed Allerdene Bridge and the East Coast Main Line for the benefit of Network Rail, Highways England and Northern Gas Networks Ltd.	Work No. 11
3/6d	Required for diversion of existing Northern Gas Networks pipelines. Required for access to construct works to junction 67 (Coal House) northbound off slip road. Grouting works under land.	Work Nos. 9, 13, 14 and 15
3/6f	Required for diversion of existing Northern Gas Networks pipelines and construction of associated gas transfer station building adjacent to northbound carriageway. Rights to construct and retain grouting works under land.	Work Nos. 10, 14 and 15
3/6k	Required for construction compound. Rights to construct and retain grouting works under land.	N/A
3/6l	New right to access and maintain Allerdene culvert and drainage ditch.	Work No. 20
3/10d	New right to demolish the existing Allerdene Bridge and construct, operate, access and maintain a replacement offline Allerdene Bridge structure and for installation and retention of grouting works on the land.	Work Nos. 5a, 5b and 23
3/10g, 3/12d, 3/12f	New right to construct, operate, access and maintain a replacement offline Allerdene Bridge structure and for grouting works on the land underneath the proposed new structure.	Work No. 5a
3/10e, 3/10f, 3/12c, 3/12e	New right to operate, access and maintain a replacement offline Allerdene Bridge structure and for installation and retention of grouting works on the land.	Work No. 5a
3/10h	New right to construct, operate, access and maintain a replacement offline Allerdene Bridge structure, associated Overhead Line Equipment and for installation and retentions of grouting works on the land.	Work Nos. 4a, 4b, 5a, 5b and 23
3/12b	Required to access and carry out the demolition of the existing Allerdene Bridge, the construction of the replacement Allerdene Bridge and associated Overhead Line Equipment, and for installation and retention of grouting works on the land.	Work Nos. 4a, 4b, 5a, 5b and 23
Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4
4/2d	New right to extend the Longbank Bridleway Underpass and operate, access and maintain the structure and associated equipment. Grouting works under land.	Work Nos. 6a and 19
4/3b	Required for utility diversions and associated works within junction 66 (Eighton Lodge) Roundabout. Rights to construct and retain grouting works under land.	Work No. 6a
4/3q, 4/4b	Required for the construction compound at junction 66 (Eighton Lodge) and associated access. Rights to construct and retain grouting works under land.	N/A
4/6b	Required to construct the extension of Longbank Bridleway Underpass, including temporary working space and diversions for pedestrians during the Underpass closure. Rights to construct and retain grouting works under land.	Work Nos. 6a and 19
4/7b, 4/7e	Required to carry out the demolition and construction of the replacement North Dene Footbridge and for temporary diversion of pedestrians during closure of the Footbridge. Rights to construct and retain grouting works under land.	Work No. 18
4/7f	New right to access, operate, make alterations to and maintain the existing drainage outlet pipeline. Grouting works under land.	Work Nos. 6a and 19
4/9b, 4/10	New right to access, operate, make alterations to and maintain the existing drainage outlet pipeline.	Work No. 6b
4/12b, 4/13b, 4/13d	Required to carry out the demolition and construction of the replacement North Dene Footbridge and for temporary diversion of pedestrians during closure of the Footbridge. Rights to construct and retain grouting works under land.	Work No. 18
4/14b	Required to carry out the demolition and construction of the replacement North Dene Footbridge and rights to construct and retain grouting works under land.	Work No. 18
Land Plans – Sheet 5	Land Plans – Sheet 5	Land Plans – Sheet 5
5/3b, 5/4b, 5/4d	Required for access and construction of main highway works and junction 65 (Birtley) off slip. Rights to construct and retain grouting works under land.	Work Nos. 6a and 8a
5/5a	Required to construct the proposed highway works and associated access. Rights to construct and retain grouting works under land.	Work No. 8a
5/6, 5/7, 5/8, 5/9, 5/11	Required for construction of junction 65 (Birtley) southbound off slip road works and temporary footpath diversion. Rights to construct and retain grouting works under land.	Work No. 8a

SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply in respect of compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

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

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) to the A1 Birtley to Coal House Development Consent Order 2021); (b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 7 to the A1 Birtley to Coal House Development Consent Order 2021 to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

3

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

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (a) for “land is acquired or taken from” substitute “ a right or restrictive covenant over land is purchased from or imposed on ”; and

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

Application of Part 1 of the 1965 Act

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Part 1 of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 28 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 23 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 26(1) (compulsory acquisition of rights and restrictive covenants)—

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

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

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

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

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

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

• (3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

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

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

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

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

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

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

• (5) Section 11 (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 23), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20 (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 28(4) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

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

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 29 (application of the 1981 Act) of the A1 Birtley to Coal House Development Consent Order 2021 in respect of the land to which the notice to treat relates. (2) But see article 30(3) (acquisition of subsoil or airspace only) of the A1 Birtley to Coal House Development Consent Order 2021 which excludes the application of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN