The Portishead Branch Line (MetroWest Phase 1) Order 2022

• (2) The approved scheme to prevent the spread or emanation of invasive plant species must be implemented before and maintained during the construction of the relevant stage of the authorised development.

• (3) This requirement does not apply to the Avon Gorge Woodlands SAC.

Avon Gorge Woodlands SAC

14

• (1) Any part of the authorised development within the Avon Gorge Woodlands SAC must be carried out in accordance with the Avon Gorge Vegetation Management Plan.

• (2) Any part of the authorised development within the Avon Gorge Woodlands SAC consisting of—

• (a) foot accesses and steps;

• (b) GSMR masts, antennae and associated equipment boxes;

• (c) signal and associated equipment box;

• (d) catch fences;

• (e) works to retaining walls and structures; or

• (f) rock stabilization works,

must not commence before details of the location, siting and design of the relevant work, together with any required site clearance, working space and lay down areas, have been submitted to and approved by the relevant planning authority in consultation with Natural England. The details submitted for approval must be located within the areas shown for the relevant works on the general arrangement plans. The works must be carried out in accordance with the approved details.

• (3) Work to remove, install or replace security fencing in the Avon Gorge Woodlands SAC must not commence before details of the location, siting, colour and design of the fencing, together with any required site clearance and working space, have been submitted to and approved by the relevant planning authority in consultation with Natural England. The details submitted for approval must be located within the areas shown for fencing in the habitat impacted by construction works within the Avon Gorge Vegetation Management Plan and any permanent security fencing to be installed must be of a nature substantially in accordance with the details set out in the relevant part of the general arrangement plans and the fencing grades summary. The works must be carried out in accordance with the approved details and the installed fencing thereafter retained unless alternative type fencing is required for railway operational safety reasons.

• (4) Any temporary works within the Avon Gorge Woodlands SAC consisting of compounds or construction welfare facilities (including the temporary works that are part of Work No. 25) must not commence before the location, siting, duration of use and details for the removal of the relevant facility has been approved by the relevant planning authority in consultation with Natural England.

• (5) The facilities described in paragraph (4) must be carried out as approved and the relevant facility must at the conclusion of the temporary works be removed to the satisfaction of the relevant planning authority in consultation with Natural England and in accordance with the approved details.

• (6) The mitigation and compensation measures specified in the Avon Gorge Vegetation Management Plan must be carried out in accordance with the timetables set out in that document. The measures must thereafter be managed in accordance with the Avon Gorge Vegetation Management Plan to the satisfaction of the relevant planning authority in consultation with Natural England.

• (7) The undertaker must provide monitoring reports to the relevant planning authority, Natural England and the Department for Environment, Food & Rural Affairs (Defra) no later than 12 months following first commercial use in accordance with the provisions of the Avon Gorge Vegetation Management Plan. Thereafter monitoring reports must be provided as specified in the Avon Gorge Vegetation Management Plan. In addition to the annual monitoring report to be provided to Network Rail and Natural England, the undertaker must provide a copy of that report to Defra.

External lighting and control of artificial light emissions during construction

15

• (1) A stage of the works (or such part of that stage as may be agreed with the relevant planning authority) must not commence until written details of any temporary external lighting to be installed in connection with the construction of that stage, including measures to prevent light spillage, have been submitted to and approved by the relevant planning authority; and any approved means of lighting must be installed in accordance with the approved details and retained for the duration of the construction period.

• (2) Any means of construction lighting approved under sub-paragraph (1) must be removed on completion of the relevant stage.

Construction hours

16

• (1) Except for—

• (a) works on any existing highway;

• (b) works on currently operational railway land; or

• (c) activities associated with such works within the compounds authorised by this Order,

to which no restriction on working hours applies under this Order, works to construct the authorised development must not take place other than within normal daytime working hours (6.30am to 6pm Monday to Saturday) unless paragraph (2) applies.

• (2) Construction work must not take place—

• (a) on Sundays, Bank or Public Holidays; or

• (b) outside the times specified in paragraph (1)

except for such working which has been notified to and approved by the relevant planning authority and communicated to affected residents by an agreed notification procedure.

• (3) Nothing in this requirement prevents use of construction compounds for—

• (a) necessary preparation, before and after each shift, for items such as the management of materials and machinery;

• (b) staff briefings;

• (c) maintenance and cleaning of site welfare facilities;

• (d) stockpile management and removal of redundant material; or

• (e) arrival of personnel on site and parking,

after 6am Monday to Saturday.

Contaminated land and groundwater

17

• (1) Any stage of the authorised development must not commence until a written scheme applicable to that stage to deal with the contamination of any land, including groundwater, within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters or the environment has, after consultation with the relevant planning authority and the Environment Agency, been submitted to and approved by the relevant planning authority.

• (2) The scheme must include an investigation and assessment report (including a desk based study), prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination and the remedial measures to be taken with respect to any contaminants on the site.

• (3) The stage of the authorised development must be carried out in accordance with the approved scheme.

• (4) Where the scheme sets out remedial measures to be taken with respect to any contaminants on the site, a verification plan must also be submitted providing details of the data that will be collected in order to demonstrate that the remedial measures are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

• (5) If, during development, contamination not previously identified is found to be present at the site, no further development (unless otherwise agreed in writing with the relevant planning authority) is to be carried out until a remediation strategy detailing how this unsuspected contamination will be dealt with has, after consultation with the relevant planning authority and the Environment Agency, been submitted to and approved by the relevant planning authority. The remediation strategy must be implemented as approved.

• (6) Paragraphs (1) to (5) do not apply to any currently operational railway land.

Works to Winterstoke Road, Bristol

18

• (1) Work No. 28 (Winterstoke Road and Ashton Vale Road Junction) must not commence until the relevant planning authority, in consultation with the relevant highway authority, has approved the detail design for Work No. 28, to include—

• (a) an extended left turn lane on Winterstoke Road for vehicles in to Ashton Vale Road; and

• (b) details for the installation of a MOVA system or other traffic control measures designed to maximise the operational efficiency of the Winterstoke Road and Ashton Vale Road junction including provision for the movement of trains over the level crossing at Ashton Vale Road.

• (2) The detail design required by sub-paragraph (1) to be submitted to the relevant planning authority must be in substantial accordance with the Ashton Vale Road and Winterstoke Road Highway Works Plan.

• (3) Work No. 28 must be carried out in accordance with the approved details to the satisfaction of the relevant planning authority in consultation with the relevant highway authority prior to first commercial use.

Path at Marsh Lane, Easton in Gordano

19

• (1) Work No. 15 must not commence until written details of the levels and surfacing of the Work have been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority. The Work must be carried out in accordance with the approved details.

• (2) Following cessation of the construction haul road between Marsh Lane and the compounds located under the M5 Avonmouth Bridge and on Lodway Farm, Work No. 15 must be removed within 6 months to the satisfaction of the relevant planning authority in consultation with the relevant highway authority.

Temporary path at Avon Road, Pill

20

• (1) Work No. 20 must not commence until written details of the levels and surfacing of the Work have been submitted to and approved by the relevant planning authority in consultation with the relevant highway authority. The Work must be carried out in accordance with the approved details prior to commencement of Work No. 20A or 20B. Work No. 20 must thereafter be retained and available for use for the duration of the use of Work No. 20B as a construction compound.

• (2) Following cessation of use of Work No. 20B, Work No. 20 must be removed within 6 months to the satisfaction of the relevant planning authority.

Restoration of land used temporarily for construction

21

• (1) Any land within the Order limits which is used temporarily for construction of the authorised development and not ultimately used for the purposes of the permanent works or approved landscaping, must be reinstated in accordance with such details as the relevant planning authority in consultation with (if relevant) the relevant highway authority may approve, as soon as reasonably practicable and in any event within twelve months of completion of that part of the authorised development for which the land is used.

• (2) Sub-paragraph (1) does not apply to any mitigation, ground or rock stability, catch fencing, geotechnical or strengthening works to which article 33(4)(d) (temporary use of land for carrying out the authorised development) applies and which have been placed on land which is used temporarily for the authorised development.

Watercourses

22

• (1) Work Nos. 1 and 1A must not commence until a scheme and programme (including timescale) for works proposed to any watercourse flowing under the authorised development has been submitted to and approved in writing by the relevant planning authority in consultation with, if relevant, the relevant lead local flood authority, the Environment Agency and the IDB. The scheme submitted for approval must include details of the proposed clearance and repair works together with proposals for any temporary obstructions within the watercourse and any over pumping or other proposals for the maintenance of flow during the works.

• (2) The works to a watercourse to which sub-paragraph (1) applies must be carried out and the watercourse subsequently reinstated in accordance with the approved scheme and programme.

• (3) Unless otherwise permitted under sub-paragraph (1), throughout the period of construction, all watercourses must be maintained so that the flow of water is not impaired or the drainage on to and from adjoining land rendered less effective.

For the protection of bats

23

• (1) Work Nos. 1, 1A, 1B and 1C must not commence until written details of the proposed tree planting on the A369 Portbury Hundred classified road have been approved in writing by the relevant planning authority in consultation with the relevant highway authority and Natural England. The details submitted for approval must accord with the Portbury Hundred location of additional tree planting plans.

• (2) The proposed tree planting on the A369 Portbury Hundred classified road must be carried out in accordance with the approved details to the reasonable satisfaction of the relevant planning authority in the first planting season after the details have been approved by the relevant planning authority unless the planting has already been carried out to the reasonable satisfaction of the relevant planning authority.

• (3) The required planting must be maintained to the reasonable satisfaction of the relevant planning authority for five years following completion.

• (4) No part of the authorised development must commence in the Avon Gorge Woodlands SAC until—

• (a) five artificial bat roosts have been installed in the locations shown on sheets 14, 17, 18 and 19 of the environmental master plan; and

• (b) a grille has been installed at the entrance to the cave known as Adit Cave 7 in the location shown on sheet 19 of the environmental master plan,

to the satisfaction of the relevant planning authority.

Permanent fencing outside of Avon Gorge Woodlands SAC

24

• (1) Subject to sub-paragraphs (2) and (3) and without affecting requirement 30(4), a stage of the works must not commence until written details of any permanent security fencing to be installed in connection with that stage, together with a timetable for its installation, have been submitted to and approved by the relevant planning authority.

• (2) Where new fencing is to be provided that does not fall within a stage, and is outside of the Avon Gorge Woodlands SAC, any permanent security fencing to be installed must be of a nature substantially in accordance with the details set out in the general arrangement plans and the fencing grades summary.

• (3) Any new permanent security fencing must be installed in accordance with the approved details and thereafter retained unless alternative type fencing is required for railway operational safety reasons.

Permanent acoustic fencing

25

• (1) Work Nos. 1 and 1A must not commence until written details of the proposed permanent acoustic mitigation fences to be located to the south of the proposed Portishead Station and at the disused Portbury Station at the locations shown on the general arrangement plans have been submitted to and approved by the relevant planning authority.

• (2) The dimensions of the acoustic mitigation fences must be—

• (a) between 200 and 210 metres in length and 2 metres in height from track bed level for the fence to be located to the south of the proposed Portishead Station; and

• (b) between 35 and 55 metres in length and 2.4 metres in height from track bed level for the fence to be located at the former Portbury Station.

• (3) The permanent acoustic fencing, or other means of enclosure, must be installed as approved prior to first commercial use of Work Nos. 1 and 1A and thereafter retained.

Portishead Station and Portbury Ditch

26

• (1) Work No. 5 (Portishead Station) must not commence until written details of any permanent lighting to be installed in connection with that work, including measures to minimise light spillage, have been submitted to and approved by the relevant planning authority, the authority acknowledging the necessity for the lighting to comply with Railway Industry Standards.

• (2) Work No. 5 must not commence until written details of any GSM-R mast to be located at Portishead Station have been submitted to and approved by the relevant planning authority. The GSM-R mast must not exceed 12 metres in height from the proposed track bed level of Work No. 1 at Portishead Station.

• (3) Work No. 5 must not commence until written details of proposals for the inclusion of on-site energy generation to be incorporated within the detail design for Portishead Station have been submitted to and approved by the relevant planning authority.

• (4) Work No. 5 must be carried out in accordance with the approved details.

• (5) Work No. 3 (a foot and cycle track east of Portbury Ditch) and Work No. 5 must not commence until a Flood Risk Assessment (FRA) for those works has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency. If the FRA concludes that Work No. 3 or Work No. 5 is at risk of flooding then the FRA must include details of the agreed mitigation works, to include a flood emergency and evacuation plan, that would be required for the relevant Work and users would remain safe should a flood event occur

• (6) First commercial use must not occur prior to the approval of a station travel plan for Portishead Station by the relevant planning authority. The content of the station travel plan must substantially reflect the outline station travel plan for Portishead Station submitted as part of the Environmental Statement, as Volume 4, Technical Appendices, Appendix 16.1 Transport Assessment (Part 17 of 18) – Appendix M, Outline Station Travel Plans.

Pill Station

27

• (1) Work No. 22 (Pill Station) must not commence until written details of any permanent lighting to be installed in connection with that work, including measures to minimise light spillage, have been submitted to and approved by the relevant planning authority in consultation with Natural England, both acknowledging the necessity for the lighting to comply with Railway Industry Standards.

• (2) The submitted details must demonstrate to the reasonable satisfaction of the relevant planning authority that the lighting levels on the northern platform of the former Pill Station will not be above 0.5 lux as a result of the permanent lighting proposed or the provision of lighting screens to restrict light spill on to the northern platform.

• (3) Work No. 22 must not commence until written details of works to minimise light spill into the arches of the former stepped access to the northern platform of the former Pill Station have been submitted to and approved by the relevant planning authority in consultation with Natural England.

• (4) The approved works must be installed in accordance with the approved details prior to first commercial use and thereafter maintained to the reasonable satisfaction of the relevant planning authority for ten years.

• (5) First commercial use must not occur prior to the approval of a station travel plan for Pill Station by the relevant planning authority. The content of the station travel plan must substantially reflect the outline station travel plan for Pill Station submitted as part of the Environmental Statement, as Volume 4, Technical Appendices, Appendix 16.1 Transport Assessment (Part 17 of 18) – Appendix M, Outline Station Travel Plans.

Operational lighting – highways, bridges, paths and car parks

28

• (1) Any part of the authorised development which includes—

• (a) new highway lighting;

• (b) new permissive paths or public rights of way including new lighting; or

• (c) new car parks at Portishead or Pill including new lighting,

must not commence until written details of any permanent lighting to be installed in connection with the relevant work, including measures to prevent light spillage, have been submitted to and approved in writing by the relevant planning authority.

• (2) Any approved means of lighting must be installed in accordance with the approved details.

Works affecting M5 Junction 19

29

• (1) Work Nos. 1 - 24A must not commence until the undertaker has created a Traffic Management Working Group (J19 TMWG) to consider the impacts of the authorised development on Junction 19 of the M5 special road which must be organised by the undertaker and to which National Highways, Bristol Port Company, Network Rail and the relevant highway authority will be invited to participate. Unless agreed otherwise by the parties J19 TMWG will meet on a monthly basis for the duration of the construction period.

• (2) Work Nos. 1 - 24A must not commence until the local planning authority has approved in writing a construction traffic management plan having first consulted with National Highways in respect of those works as they affect Junction 19 of the M5 (“J19 CTMP”) and detailing—

• (a) construction traffic routes (including HGV routes, construction traffic profile (for the duration of the construction period disaggregated by daily movements, vehicle type (including abnormal loads) and construction activity) and operational hours;

• (b) the construction compounds to which the J19 CTMP will apply (“the J19 compounds”);

• (c) the management of junctions to and crossings of the public highway and other public rights of way;

• (d) the scheduling and timing of abnormal load movements;

• (e) temporary warning signs;

• (f) a scheme to encourage the use of public transport amongst contractors;

• (g) a monitoring strategy to include the provision of a monitoring report to be submitted to the J19 TMWG a minimum of one week in advance of the J19 TMWG monthly meeting;

• (h) a change process (in the event that any changes to the J19 CTMP are proposed during the construction phase) and a process to implement corrective measures if required; and

• (i) a construction worker travel plan, including car parking arrangements for staff and contractors.

• (3) All morning shift construction staff arriving by private car at the J19 compounds must be told in advance not to arrive between the hours of 7.30am and 9am (Monday to Friday) (“the restricted hours”).

• (4) Except in exceptional circumstances morning shift construction staff arriving by private car at the J19 compounds must not arrive within the restricted hours.

• (5) The undertaker must record and report to National Highways in the CTMP monitoring and reporting strategy the numbers of morning shift staff arriving by private car at the J19 compounds within the restricted hours together with the exceptional circumstances for such arrival.

• (6) The numbers of staff arriving by private car within the restricted hours at the J19 compounds in the absence of any exceptional circumstances must be reported to National Highways in accordance with sub-paragraph (5) together with the proposed steps to be taken by the undertaker to avoid any further such arrivals within the restricted hours.

Clanage Road, Bristol

30

• (1) Work Nos. 26, 26A and 26B must not commence until a flood plan which details—

• (a) the emergency and evacuation procedures for use of the temporary and permanent compound;

• (b) the location, height above ground level and the duration on site of the welfare facility on the temporary compound; and

• (c) the means to remove materials stored at the temporary and permanent compound in the event of flooding,

has been submitted to and approved in writing by the relevant planning authority in consultation with the Environment Agency and the relevant lead local flood authority. The approved flood plan must thereafter be complied with to the satisfaction of the relevant planning authority.

• (2) The landscaping and planting forming part of Work No. 26 must be carried out in accordance with the relevant design drawing prior to first use of Work No. 26 as a permanent maintenance compound. Any tree or shrub planted as part of the landscaping that, within a period of five 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 relevant planning authority gives written consent to any variation.

• (3) Prior to the first use of Work No. 26 as a permanent maintenance compound either—

• (a) the Clanage Road compound, landscaping and access plan (Plan ref: 46470.BQ.04.20-261 rev T) must be redrawn to show the proposed levels for the flood compensation mitigation area to be 7.3m AOD; or

• (b) details of an on-site flood storage scheme or other works to provide adequate flood compensation mitigation,

must be submitted to the relevant planning authority for approval in consultation with the Environment Agency. The mitigation area must be carried out in accordance with the approved details and maintained thereafter.

• (4) Prior to the first use of Work No. 26 as a permanent maintenance compound details of the permanent paladin type fencing including colour height and location must be submitted to and approved by the relevant planning authority and once installed must be permanently maintained.

• (5) In this requirement “AOD” means above ordnance datum.

New bridleway east of M5 Avonmouth Bridge

31

• (1) Work No. 18 must not commence until the siting, design, landscaping and method of construction of the proposed bridleway have been submitted to and approved by the relevant planning authority. The submitted details must adhere to the principles shown on the Bridleway Extension under the Elevated M5 Plan.

• (2) Work No. 18 must thereafter be carried out in accordance with the approved details.

Cattle Creep Bridge, Easton in Gordano

32

• (1) Work No. 1B must not commence before the undertaker has provided to the relevant planning authority and the Environment Agency a topographic survey setting out the existing ground levels at Cattle Creep Bridge, Easton in Gordano.

• (2) Works to Cattle Creep Bridge must be carried out and retained thereafter in accordance with the principles set out in the Cattle Creep Proposed General Arrangement drawing and in particular the arch of the Cattle Creep Underbridge must not be altered and the ground level beneath the Cattle Creep Underbridge must not be raised without the prior consent in writing of the relevant planning authority following consultation with the Environment Agency and (if relevant) the relevant lead local flood authority.

Perimeter Track between Marsh Lane and the compounds under the M5 Avonmouth Bridge and on Lodway Farm

33

• (1) Work Nos. 16A and 17 must not commence until a pre-commencement survey of the perimeter track between Marsh Lane and Work Nos. 16A and 17 (The Marsh Lane Track) has been undertaken and submitted to and approved by the relevant planning authority. The pre-commencement survey must include but not be limited to—

• (a) details of the current surfacing material;

• (b) details of the sub-structure; and

• (c) an assessment of whether the Marsh Lane Track as currently constructed would be able to take the volume of construction traffic for the authorised development that will need to access these works.

• (2) Based on the results of the pre-commencement survey a strategy (the Marsh Lane Track Strategy) must be submitted to and approved by the relevant planning authority. The Marsh Lane Track Strategy must include but not be limited to—

• (a) details of what, if any, measures are required to minimise damage to the perimeter track by construction vehicles using the Marsh Lane Track to access Work Nos. 16A and 17;

• (b) a timescale for the implementation of any necessary measures;

• (c) a strategy for on-going maintenance and management of the Marsh Lane Track during construction of the authorised development;

• (d) a strategy for using the Marsh Lane Track in conjunction with the owner of the Marsh Lane Track and other parties permitted to use it by the owner; and

• (e) details of management measures to minimise dust generation from construction traffic for the authorised development.

• (3) Work Nos. 16A and 17 must be carried out in accordance with the Marsh Lane Track Strategy.

• (4) Within six months of the cessation of the use of Marsh Lane Track for construction traffic for the authorised development a post-construction survey must be submitted to the relevant planning authority for approval. The post-construction survey must include but not be limited to—

• (a) details of the state of the Marsh Lane Track post construction;

• (b) details of what measures or repairs, if any, are required to ensure that the Marsh Lane Track is returned in the same or similar state to pre-commencement; and

• (c) a timetable for the implementation of any measures or repairs that would be required.

• (5) Any measures or repairs (including, without limitation, any physical works required as a result of the pre-commencement strategy or the post-construction survey) must thereafter be carried out as approved by the relevant planning authority unless the permission of the street authority (as street authority and as owner) for the relevant measures or repairs to the Marsh Lane Track is not forthcoming.

Pill Tunnel Eastern Portal Compound Access, Ham Green

34

Work No. 24 must not commence until written details of the levels and surfacing of the work have been submitted to and approved by the relevant planning authority. Work No. 24 must thereafter be carried out and retained in accordance with the approved details.

Requirement for written approval

35

Where under any of the above requirements the approval or agreement of the relevant planning authority or another person or organisation is required, that approval or agreement must be given in writing.

Amendments to approved details

36

• (1) With respect to any requirement which requires the authorised development or any part of it to be carried out in accordance with the details, plans or schemes approved under this Schedule, the approved details, plans or schemes are taken to include any amendments that may subsequently be approved in writing by the relevant planning authority in consultation with any other consultee specified in the requirement in question, or approved in writing by the relevant planning authority or another approval authority.

• (2) Any amendments to or variations from the approved details, plans or schemes must be unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.

Anticipatory steps towards compliance with any requirement

37

If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of this Part 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.

PART 2 — Procedure for discharge of requirements

Applications made under requirements

38

• (1) Where a valid application has been made to the relevant planning authority for any consent, agreement or approval required or contemplated by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the relevant planning authority 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 relevant planning authority acknowledge the application;

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 39 (further information); or

• (c) such longer period as may be agreed between the undertaker and the relevant planning authority.

• (2) Subject to sub-paragraphs (3) and (4), in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the relevant planning authority 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 relevant planning authority for any consent, agreement or approval required by a requirement included in this Order;

• (b) the relevant planning authority does not determine such application within the period set out in sub-paragraph (1); and

• (c) the application is accompanied by a report that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental effects from those reported in the environmental statement,

then the application is taken to have been refused by the relevant planning authority at the end of that period.

• (4) Sub-paragraph (2) will only apply to an application made under requirements if—

• (a) at least 6 weeks have elapsed since the application was received by the relevant planning authority;

• (b) the undertaker has served on the relevant planning authority written notice that sub-paragraph (2) will apply from a date specified in the notice (such date not being less than 8 weeks from the date the application was received by the relevant planning authority); and

• (c) by the date specified in the notice (or such later date as the relevant planning authority may agree with the undertaker) the relevant planning authority has not determined the relevant application.

Further information

39

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

• (2) In the event that the relevant planning authority considers such further information to be necessary, the relevant planning authority must, within 20 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 relevant planning authority does not give such notification within this 20 day period the relevant planning authority 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 38 (applications made under requirements) and in this paragraph.

Appeals

40

• (1) The undertaker may appeal in the event that—

• (a) the relevant planning authority refuses an application for any consent, agreement or approval required or contemplated by any of the provisions of this Order or grants it subject to conditions;

• (b) the relevant planning authority does not give notice of its decision to the undertaker within the decision period specified in paragraph 38(1) (applications made under requirements);

• (c) on receipt of a request for further information under paragraph 39 (further information) the undertaker considers that either the whole or part of the specified information requested by the relevant planning authority is not necessary for consideration of the application; or

• (d) on receipt of any further information requested, the relevant planning authority notifies the undertaker that the information provided is inadequate and requests additional information which the undertaker considers is not necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) expiry of the decision period as determined under paragraph 38;

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the relevant planning authority and the requirement consultees;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine the appeal (“the appointed person”)⁶⁷ and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for that person’s attention should be sent;

• (d) the relevant planning authority and the requirement consultees must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under paragraph (c) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 20 business days of receipt of written representations under paragraph (d).

• (3) The appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

• (4) The appointment of the appointed person may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (5) If the appointed person considers that further information is necessary to enable consideration of the appeal the appointed person must, as soon as practicable, notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (6) Any further information required under sub-paragraph (5) is to be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 business days of that date.

• (7) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the relevant planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (8) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the prescribed time limits, or set by the appointed person under this paragraph.

• (9) The appointed person may proceed to a decision even though no written representations have been made within the prescribed time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (10) The decision of the appointed person on an appeal is to be final and binding on the appeal parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (11) If an approval is given by the appointed person under this Schedule, it is deemed to be an approval for the purpose of any consent, agreement or approval required under this Order or for the purpose of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person’s determination.

• (12) Except where a direction is given under sub-paragraph (13) requiring the costs of the appointed person to be paid by the relevant planning authority, the reasonable costs of the appointed person are to be met by the undertaker⁶⁸.

• (13) On application by the relevant planning authority or the undertaker, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the Planning Practice Guidance on Appeals published by the Department for Communities and Local Government on 3 March 2014 or any circular or guidance which may from time to time replace it.

Interpretation of Part 2 of Schedule 2

41

In this part of this Schedule—

• “the appeal parties” means the discharging authority, the undertaker and any requirement consultees;

• “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 1971⁶⁹;

• “requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the relevant planning authority in discharging that requirement.

SCHEDULE 3 — Streets subject to street works

(1) Area	(2) Street subject to street works
In the District of North Somerset	Harbour Road, Portishead
In the District of North Somerset	Haven View, Portishead
In the District of North Somerset	Phoenix Way, Portishead
In the District of North Somerset	Quays Avenue, Portishead
In the District of North Somerset	Tansy Lane, Portishead
In the District of North Somerset	Galingale Way, Portishead
In the District of North Somerset	Conference Avenue, Portishead
In the District of North Somerset	Sheepway, Portbury
In the District of North Somerset	Station Road, Portbury
In the District of North Somerset	The Portbury Hundred, Portbury
In the District of North Somerset	Royal Portbury Dock Road, Portbury
In the District of North Somerset	Marsh Lane, Easton in Gordano
In the District of North Somerset	Access road to the M5 Avonmouth Bridge east of Marsh Lane, Easton in Gordano
In the District of North Somerset	Severn Road, Pill
In the District of North Somerset	Access road to the M5 Avonmouth Bridge, west of Avon Road, Pill
In the District of North Somerset	Avon Road, Pill
In the District of North Somerset	Monmouth Court, Pill
In the District of North Somerset	Monmouth Road, Pill
In the District of North Somerset	Newport Road, Pill
In the District of North Somerset	Crusty Lane, Pill
In the District of North Somerset	Back Lane, Pill
In the District of North Somerset	Station Road, Pill
In the District of North Somerset	Chapel Row, Pill
In the District of North Somerset	Myrtle Hill, Pill
In the District of North Somerset	Sambourne Lane, Pill
In the District of North Somerset	Heywood Road, Pill
In the District of North Somerset	Lodway, Pill
In the District of North Somerset	Underbanks, Pill
In the District of North Somerset	Watchhouse Road, Pill
In the District of North Somerset	Macrae Road, Pill
In the District of North Somerset	Fitzharding Road, Pill
In the District of North Somerset	Ham Green, Pill
In the District of North Somerset	The Green, Ham Green, Pill
In the District of North Somerset	Hart Close, Ham Green, Pill
In the District of North Somerset	Chapel Pill Lane, Ham Green, Pill
In the City and County of Bristol	Clanage Road, Bower Ashton
In the City and County of Bristol	Ashton Road, Ashton
In the City and County of Bristol	Ashton Gate Underpass, Ashton
In the City and County of Bristol	Winterstoke Road, Ashton
In the City and County of Bristol	Marsh Road, Ashton
In the City and County of Bristol	Ashton Vale Road, Ashton

SCHEDULE 4 — Streets to be stopped up

PART 1 — Street for which a substitute is to be provided

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up	(4) New Highway to be substituted
District of North Somerset	Quays Avenue, Portishead	160 metres of Quays Avenue shown by vertical zebra stripes the points marked A-A and B-B on sheet 1 of the permanent and temporary stopping up and diversion plan	127 metres of new all-purpose highway shown by stipple hatch between the points marked C-C and D-D on sheet 1 of the permanent and temporary stopping up and diversion plan (Work No. 2)

PART 2 — Streets for which no substitute is to be provided

(1) Area	(2) Street to be stopped up	(3) Extent of stopping up
In the District of North Somerset, Portishead	All rights to use the former Moor Lane crossing south of Trinity Primary School Portishead	Between the points marked S7 and S8 on sheet 1of the permanent and temporary stopping up and diversion plan
In the District of North Somerset, Portbury	All rights to use crossing forming part of the Drove, north of the highway known as Portbury Hundred	Between the points marked S17 and S18 on sheet 4 of the permanent and temporary stopping up and diversion plan

SCHEDULE 5 — Streets to be stopped up temporarily

PART 1 — Street to be stopped up temporarily for which a substitute is to be provided

(1) Area	(2) Street to be temporarily stopped up	(3) Extent of temporary stopping up	(4) Replacement to be provided
In the District of North Somerset, Pill	Unnamed street from Avon Road, Pill to the Avonmouth Bridge of the M5 Special Road	Between the points marked TS4 and TS5 on sheet 6 of the permanent and temporary stopping up and diversion plan	Temporary route for non-motorised users and motorised vehicles of less than 50 cc engine capacity between the points marked TS4 and TS4A shown on sheet 6 of the permanent and temporary stopping up and diversion plan

PART 2 — Bridleways and footpaths to be temporarily suspended for which no substitute is to be provided during suspension

(1) Area	(2) Bridleways and footpaths to be temporarily suspended	(3) Extent of temporary suspension
In the District of North Somerset, Easton in Gordano	Public bridleway LA8/67/10 from its junction with Marsh Lane to its termination point under the Avonmouth Bridge of the M5 Special Road	Between the points marked TS1 and TS2 on sheet 5 of the permanent and temporary stopping up and diversion plan
In the District of North Somerset, Easton in Gordano	Public footpath LA8/68/10 from its junction with public bridleway LA8/67/10 to its junction with public footpaths LA8/6/5 and LA8/6/10 under the Avonmouth Bridge of the M5 Special Road	Between the points marked TS2 and TS3 on sheet 5 of the permanent and temporary stopping up and diversion plan
In the District of North Somerset, Pill	Public footpath LA8/5/40 between Lodway Close and Avon Road, Pill	Between the points marked TS6 and TS7 on sheet 6 of the permanent and temporary stopping up and diversion plan
In the District of North Somerset, Pill	Public footpath LA8/4/10 between Avon Road and Severn Road, Pill	Between the points marked TS7 and TS8 on sheet 6 of the permanent and temporary stopping up and diversion plan

SCHEDULE 6 — Bridleways, cycle tracks and footpaths

PART 1 — Footpath to be diverted

(1) Area	(2) Footpath to be stopped up	(3) Extent of Stopping up	(4) New Footpath to be substituted
City and County of Bristol, Ashton	Part of footpath BCC/422/10 known as Barons Close Level Crossing or Ashton Containers Crossing, Ashton, Bristol	Between the points marked S31 and S32 on sheet 16 of the permanent and temporary stopping up and diversion plan	507.50 metres of footpath BCC/422/10 shown on sheet 16 of the permanent and temporary stopping up and diversion plan

PART 2 — New public rights of way to be created

(1)	(2)
Cycle track	Between points CT1 and CT2 shown on Sheet 1 of the new highways plans
Cycle track	Between points CT2 and CT3 shown on Sheet 1 of the new highways plans
Cycle track	Between points CT4 and CT5 shown on Sheet 1 of the new highways plans
Cycle track	Between points CT7 and CT8 shown on Sheet 1 of the new highways plans
Bridleway	Between points B1 and B2 shown on Sheet 5 of the new highways plans

SCHEDULE 7 — Access to works

(1) Area	(2) Description of access
In the District of North Somerset	Access from Harbour Road, Portishead shown as AW1.1 on sheet 1 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from Quays Avenue, Portishead shown as AW1.2 on sheet 1 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from Phoenix Way, Portishead shown as AW1.3 on sheet 1 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from Quays Avenue, Portishead shown as AW1.4 on sheet 1 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Sheepway to field to the north of the highway, south of the disused Portishead branch line, shown as AW2.1 on sheet 2 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Sheepway north of the disused Portishead branch line, shown as AW2.2 on sheet 2 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Sheepway to field to the south of the highway, south of the disused Portishead branch line, shown as AW2.3 on sheet 2 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Portbury Hundred, west of Station Road Portbury, shown as AW3.1 on sheet 3 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Sheepway, Portbury, shown as AW3.2 on sheet 3 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Station Road, Portbury, shown as AW3.3 on sheet 3 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Portbury Hundred, east of Station Road, Portbury, shown as AW4.1 on sheet 4 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Marsh Lane, Easton in Gordano, north of the disused Portishead Branch Line railway, shown as AW5.1 on sheet 5 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as the Breaches, Easton in Gordano, shown as AW5.2 on sheet 5 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Marsh Lane, Easton in Gordano, south of the disused Portishead Branch Line railway, shown as AW5.3 on sheet 5 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Avon Road, Pill shown as AW6.1 on sheet 6 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Monmouth Road, Pill shown as AW6.2 on sheet 6 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Underbanks, Pill AW6.3 on sheet 6 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Station Road, Pill AW6.4 on sheet 6 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Lodway, Pill AW6.5 on sheet 6 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Chapel Pill Lane to new maintenance compound (and temporary construction compound), Ham Green, Pill, shown as AW8.1 on sheet 8 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the highway known as Chapel Pill Lane to the unadopted part of Chapel Pill Lane, Ham Green, Pill, shown as AW8.2 on sheet 8 of the access to works plan
In the District of North Somerset	Access from the River Avon Tow Path, shown as AW10.1 on sheet 10 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access on foot from the River Avon Tow Path, shown as AW11.1 on sheet 11 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the A369 classified road known as Abbots Leigh Road, shown as AW11C.1 on sheet 11C of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the River Avon Tow Path, shown as AW12.1 on sheet 12 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access from the River Avon Tow Path, shown as AW12.2 on sheet 12 of the compounds, haul roads and access to works plan
In the District of North Somerset	Access on foot only from the River Avon Tow Path, shown as AW13.1 on sheet 13 of the compounds, haul roads and access to works plan
In the City and County of Bristol	Access from the highway known as Rownham Hill, shown as AW14.1 on sheet 14 of the compounds, haul roads and access to works plan
In the City and County of Bristol	Access from the highway known as Clanage Road, Bower Ashton, shown as AW15.1 on sheet 15 of the compounds, haul roads and access to works plan
In the City and County of Bristol	Access from the highway known as Clanage Road, Bower Ashton, shown as AW15.2 on sheet 15 of the compounds, haul roads and access to works plan
In the City and County of Bristol	Access from the highway known as Winterstoke Road, Ashton, shown as AW16.1 on sheet 16 of the compounds, haul roads and access to works plan
In the City and County of Bristol	Access from the highway known as South Liberty Lane, Ashton, shown as AW17.1 on sheet 17 the compounds, haul roads and access to works plan

SCHEDULE 8 — Closure of crossings

PART 1 — Crossings: works required

(1) Area	(2) Crossing to be discontinued	(3) Street or way to be stopped up	(4) Replacement
District of North Somerset, Portishead	Quays Avenue, Portishead	Crossing known as Quays Avenue Portishead between the points marked S1 and S2 on sheet 1 of the crossings to be extinguished plans	Work No. 2

PART 2 — Crossings: No works required

(1) Area	(2) Level Crossing to be stopped up	(3) Extent of stopping up
In the District of North Somerset, Portishead	Pedestrian and cycle crossing between Galingale Way and Tansy Lane, Portishead at 129 miles, 16 chains	Crossing, between the points marked S5 and S6 on sheet 1 of the crossings to be extinguished plans
In the District of North Somerset, Portishead	The former Moor Lane crossing south of Trinity Primary School Portishead	Between the points marked S7 and S8 on sheet 1 of the crossings to be extinguished plans
In the District of North Somerset, Portbury	The crossing forming part of The Drove, north of the highway known as Portbury Hundred	Between the points marked S17 and S18 on sheet 4 of the crossings to be extinguished plans

SCHEDULE 9 — Accommodation and occupation crossings

PART 1 — Crossings extinguished: works required

(1) Area	(2) Accommodation facility to be discontinued	(3) Rights to be extinguished	(4) Works to be provided
In the District of North Somerset, Portbury	Crossing at 128 miles 46 chains at Shipway Gate Farm	All rights (if any) to use the crossing at Shipway Gate Farm between points S9 and S10 shown on sheet 2 of the crossings to be extinguished plans	New gate and works on the highway known as Sheepway marked N1 on sheet 2 of the crossings to be extinguished plan
In the District of North Somerset, Portbury	Crossing at 128 miles 39 chains at Shipway Gate Farm	All rights (if any) to use the crossing at Shipway Gate Farm between the points S11 and S12 shown on sheet 2 of the crossings to be extinguished plans	New gate and works on the highway known as Sheepway marked N1 on sheet 2 of the crossings to be extinguished plans
In the District of North Somerset, Portbury	Crossing at 128 miles 17 chains at Elm Tree Farm, Portbury	All rights (if any) to use the crossing to the South of Sheepway and to the west of Elm Tree Farm between the points S13 and S14 shown on sheet 3 of the crossings to be extinguished plans	New gate and works on the highway known as Portbury Hundred marked N2 on sheet 3 of the crossings to be extinguished plans

PART 2 — Crossings for which no substitute is to be provided

(1) Area	(2) Crossing to be discontinued	(3) Right to be extinguished
In the District of North Somerset, Portishead	Crossing at 129 miles 22 chains, south of the Wessex Water pumping station, east of Quays Avenue Portishead	All rights (if any) to use the crossing between the points marked S3 and S4 on sheet 1 of the crossings to be extinguished plans
In the District of North Somerset, Portbury	Crossing at 127 miles 71 chains north of the A369 Portbury Hundred classified road	All rights (if any) to use the crossing between the points marked S15 and S16 on sheet 3 of the crossings to be extinguished plans
In the District of North Somerset, Portbury	Crossing at 127 miles 41 chains north of the A369 Portbury Hundred classified road known as Portbury No.3 crossing	All rights (if any) to use the crossing between the points marked S19 and S20 on sheet 4 of the crossings to be extinguished plans
In the District of North Somerset, Portbury	Crossing at 127 miles 12 chains north of Court House Farm, Portbury	All rights (if any) to use the crossing between the points marked S21 and S22 on sheets 4 and 5 of the crossings to be extinguished plans
In the District of North Somerset, Easton in Gordano	Crossing at 126 miles 74 chains known as Manor Farm No.2 crossing, east of Marsh Lane, Easton in Gordano	All rights (if any) to use the crossing between the points marked S25 and S26 on sheet 5 the crossings to be extinguished plans
In the District of North Somerset, Easton in Gordano	Crossing at 126 miles 74 chains known as Manor Farm No.1 crossing, east of Marsh Lane, Easton in Gordano	All rights (if any) to use the crossing between the points marked S27 and 28 on sheet 5 the crossings to be extinguished plans
In the District of North Somerset, Pill	Crossing at 126 miles 56 chains, south east of M5 Avonmouth Bridge, Easton in Gordano	All rights (if any) to use the crossing between the points marked S29 and S30 on sheet 5 of the crossings to be extinguished plans

SCHEDULE 10 — Land in which only new rights, etc., may be acquired

(1) Number of land shown on the land plan	(2) Purpose for which rights may be acquired
01/97	To access (with or without vehicles plant and machinery) and to install, inspect, maintain, use, repair, cleanse, retain, renew, replace and remove a drainage pipe for the purpose of draining water from the adjoining highway.
01/215, 01/225	To access (with or without vehicles plant and machinery) and to install, maintain, use, retain, repair, inspect, cleanse, renew, replace and remove a drainage pipe for the purpose of draining water from adjoining land.
01/252, 01/255, 01/260, 01/270	To access, pass and repass and remain upon the land (with or without vehicles plant and machinery) for all purposes in connection with access to adjoining land.
02/19	To access and remain upon the land (with or without vehicles, plant and machinery) for the purpose of inspecting, reconstructing, maintaining, repairing, cleansing, clearing, refurbishing, replacing and removing a culvert, watercourse and head wall.
02/117	To access and remain upon the land (with or without vehicles plant and machinery) for the purpose of inspecting, reconstructing, maintaining, repairing, cleansing, clearing, refurbishing, replacing and removing a culvert, watercourse and head wall.
02/121	To access, pass and repass and remain upon the land (with or without vehicles plant and machinery) for all purposes in connection with access to adjoining land.
03/31	To access and remain upon the land (with or without vehicles plant and machinery) for the purpose of inspecting, reconstructing, maintaining, repairing, cleansing, clearing, refurbishing, replacing and removing a culvert, watercourse and head wall.
03/69, 03/77, 03/78	To access and remain upon the land (with or without vehicles plant and machinery) for the purpose of inspecting, reconstructing, maintaining, repairing, cleansing, clearing, refurbishing, replacing and removing a culvert, watercourse and head wall.
05/75, 05/85, 05/86	To access, pass and repass and remain upon the land with or without vehicles, plant and machinery and for all purposes in connection with inspecting, reconstructing, maintaining, repairing, cleansing, clearing, refurbishing, replacing and removing— (a) an accommodation bridge and associated walls, embankments and structures; and (b) a culvert, watercourse and head wall.
05/100, 05/103, 05/105, 05/112	To access, pass and repass and remain upon the land with or without vehicles, plant and machinery (including road and rail vehicles) to access the national railway network and for all purposes in connection with access to neighbouring land.
05/104, 05/165, 05/171	(i) To access, pass and repass and remain upon the land with or without vehicles, plant and machinery; (ii) To install, lay, maintain, use, transmit, retain, renew, repair, replace, inspect and remove railway signalling and communications apparatus; and (iii) To pass and repass with or without vehicles, plant and machinery (including rail vehicles) to access the national railway network.
05/107, 05/108	To access, pass and repass and remain upon the land with or without vehicles, plant and machinery (including road and rail vehicles) and to access the national railway network, together with the right to use the land for the purpose of transferring road and rail maintenance vehicles onto the railway and removing road and rail maintenance vehicles from the railway.
06/25, 06/55	(i) To access, pass and repass and remain upon the land with or without vehicles, plant and machinery; (ii) To alter or remove existing railway and to install, lay, retain, renew, repair, inspect and replace railway track and apparatus; (iii) To install, lay, inspect, maintain, use, transmit, retain, renew, repair, replace and remove railway signalling and communications apparatus; and (iv) To pass and repass with or without vehicles, plant and machinery (including rail vehicles) to access the national railway network.
06/160, 06/280, 06/285, 06/290, 06/295, 06/300, 06/305, 06/310, 06/315 06/320, 06/325, 06/330, 06/335, 06/340, 06/345, 06/350, 06/355, 06/360, 06/365, 06/370, 06/375, 06/380, 06/385, 06/390, 06/395, 06/400, 06/405, 06/410, 06/415, 06/420, 06/425, 06/430, 06/435, 06/440, 06/445, 06/450, 06/455, 06/460, 06/465, 06/470, 06/475, 06/480, 06/485, 06/490, 06/495, 06/500, 06/510, 06/520	(i) To insert, inspect, maintain, adjust, repair, remove, retain and renew soil nails at a depth at least 1 metre below the current surface of the land together with access for all necessary workmen, vehicles, machinery and other apparatus at any time in, through and under the land for those purposes; (ii) To enter, with any necessary workmen, contractors or other authorised persons and bring necessary plant, equipment, materials and vehicles onto the land and to remain thereon for so long as is reasonably required for the purposes of— (a) carrying out site soil and environmental surveys and environmental mitigation measures and geotechnical ecological archaeological and site investigations; and (b) making trial holes in such positions to investigate the nature of the surface layer and subsoil and taking soil samples. (iii) To undertake works to upgrade, stabilise, repair, improve, install or replace fences; and (iv) A restrictive covenant not to do anything or allow anything to be done on the land which may cause damage to the soil nails or other subsoil works or affect their proper and efficient operation.
06/566	To install, lay, maintain, use, operate, retain, renew, repair, replace, inspect and remove electrical apparatus and to distribute electricity through the installed cables.
06/634, 06/644	To access, pass and repass and remain upon the land with or without plant and machinery for the purposes of inspecting, repairing, maintaining renewing, replacing and removing railway and the abutment and arches of a viaduct on adjoining land.
06/640	To access, pass and repass and remain upon the land with or without plant and machinery for the purposes of inspecting, repairing, maintaining, renewing, replacing and removing the abutment and arches of a viaduct on adjoining land.
06/641, 06/642, 06/643	To access, pass and repass and remain upon the land with or without plant and machinery for the purposes of inspecting, repairing, maintaining renewing, replacing and removing a railway and the abutment and arches of a viaduct on adjoining land.
06/646	To access, pass and repass and remain upon the land with or without plant and machinery for the purposes of inspecting, repairing, maintaining, renewing, replacing and removing a railway and the abutment and arches of a viaduct on adjoining land.
07/71, 07/73, 07/77, 07/78, 07/130	To access, pass and repass with or without vehicles (such vehicles being limited to no more than 3.5 tonnes laden in weight) to access the adjoining railway.
08/12, 08/13	To access, pass and repass and remain upon the land with or without vehicles to access adjoining land.
08/45	To access, pass and repass and remain upon the land with or without vehicles to access adjoining land.
09/12, 09/13, 09/14	To access, remain upon, pass and repass and access adjoining land for the inspection, construction, operation, use and maintenance of the authorised development.

SCHEDULE 11 — 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 imposition of a restrictive covenant as they apply as respects compensation for 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 modifications set out in sub-paragraph (2).

• (2) For section 5A(5A)⁷⁰ (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 11 to the Portishead Branch Line (MetroWest Phase 1) Order 2022 (“the 2022 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 (as substituted by paragraph 5(8) of Schedule 11 to the 2022 Order) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where 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 1973⁷¹ has effect subject to the modifications set out in sub-paragraph (2).

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

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

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

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 24 (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 27(1) (compulsory acquisition of rights or imposition of covenants)—

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

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

5