Legalize / United Kingdom / Statutory-Instrument

The A57 Link Roads Development Consent Order 2022

Type Statutory-Instrument

Publication 2022-11-16

Last updated 2024-02-02

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(c) remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development; or

(d) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development;

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(7) Any dispute as to the removal of temporary works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

(8) Nothing in this article affects any liability to pay compensation under section 152⁷⁰ (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(9) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i).

(10) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(11) Section 13⁷¹ (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(12) The provisions of the Neighbourhood Planning Act 2017⁷² do not apply insofar as they relate to temporary possession of land under this article in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development.

Temporary use of land for maintaining the authorised development

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(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a) enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken.

(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the condition it was in on the date on which possession of the land was first taken by the undertaker or such other condition as may be agreed with the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11) The provisions of the Neighbourhood Planning Act 2017 do not apply insofar as they relate to the temporary possession of land under this article in relation to the maintenance of any part of the authorised development within the maintenance period.

(12) In this article “the maintenance period”, in relation to any part of the authorised development means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

Statutory undertakers

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(1) Subject to the provisions of article 25 (compulsory acquisition of rights and restrictive covenants), Schedule 9 (protective provisions), and paragraph (2), the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over any Order land belonging to statutory undertakers; and

(b) extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land.

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a) Part 3 (street works in England and Wales) of the 1991 Act; and

(b) article 35 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

34

(1) Where a street is stopped up under article 15 (permanent stopping up and restriction of use of highways, streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 15 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess.

(5) For the purposes of paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b) the allowable costs are to be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

(8) In this article—

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

“relocation works” means work executed, or apparatus provided, under paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003⁷³.

Recovery of costs of new connections

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(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 34 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 34, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which article 35 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this article—

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003; and

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

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(1) The undertaker may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must—

(a) do no unnecessary damage to any tree or shrub;

(b) not fell or lop any tree or shrub within or overhanging land within the Order limits or cut back its roots if the tree or shrub is identified as being retained in the environmental statement unless the undertaker reasonably believes it to be necessary to do so for the purposes of the construction or operation of the authorised development and provided that the Secretary of State is satisfied that the felling, lopping or cutting back of roots would not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement; and

(3) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove (or partially remove, as the case may be) any hedgerow described in Part 1 (hedgerows) of Schedule 8 (hedgerows and trees).

(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow which is not described in Part 1 of Schedule 8 (hedgerows and trees) with the prior consent of the relevant planning authority.

(5) In carrying out any activity authorised by paragraph (4), the undertaker must pay compensation to any person for any loss or damage arising from such activity.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (2) (or (5), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(7) In this article “hedgerow” has the same meaning as in the Hedgerow Regulations 1997⁷⁴ and includes important hedgerows for the purposes of those regulations.

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

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(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Trees subject to tree preservation orders

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(1) The undertaker may fell or lop any tree described in Part 2 (trees subject to tree preservation orders) of Schedule 8 (hedgerows and trees) or cut back its roots or undertake such other works described in column (2) of Part 2 of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule, if it reasonably believes it to be necessary in order to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to passengers or other persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1)⁷⁵ (replacement of trees) of the 1990 Act is not to apply although where possible the undertaker is to seek to replace any trees which are removed.

(3) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(4) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

Operational land for purposes of the 1990 Act

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Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

40

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990⁷⁶ in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)⁷⁷ of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974⁷⁸; or

(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protection of interests

41

Schedule 9 (protective provisions) has effect.

Certification of documents, etc.

42

(1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 10 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 10 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

(3) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Service of notices

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(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978⁷⁹ as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement will be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation will be final and will take effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

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Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the Lands Chamber of the Upper Tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative area of Tameside Metropolitan Borough Council and High Peak Borough Council

A nationally significant infrastructure project as defined in sections 14 and 22⁸⁰ of the 2008 Act, and associated development as defined in section 115(2)⁸¹ of the 2008 Act, comprising:

Work No. 1 - Shown on sheet 1 of the works plans is the construction of a new eastbound lane 350 metres in length on the M67 approaching the roundabout at Junction 4. To include upgraded lighting, new signs and new traffic signals plus signal controlled cyclist/pedestrian crossings.

Work No. 2 - Shown on sheet 1 of the works plans is the widening of the entry, for a length of 370 metres, from the Junction 4 roundabout on to the M67 westbound. Works will include the addition of low noise surfacing, controlled pedestrian/cyclist crossing and upgraded lighting.

Work No. 3 - Shown on sheet 1 of the works plans is the works to improve the M67 Junction 4 (Hattersley) roundabout including:

(i) widening of the circulatory carriageway, upgrading lighting and installation of traffic signals and signal controlled cyclist/pedestrian crossings;

(ii) realignment of spur to Edge Lane for a length of 42 metres and upgraded pedestrian/cyclist crossing facility;

(iii) upgrade to Stockport Road for a length of 145 metres, installation of new signs, upgraded lighting, resurfacing and addition of traffic signals including signal controlled pedestrian/cyclist crossings at junction;

(iv) upgrade to Mottram Road for a length of 160 metres, installation of new signs, upgraded lighting, resurfacing and addition of traffic signals including signal controlled pedestrian/cyclist crossings at junction;

(v) new westbound throughabout at M67 Junction 4 roundabout, which consists of a new, two lane carriageway through the centre of the existing roundabout, of length 100 metres, including new lighting, signs and traffic signals; and

(vi) upgraded entry to M67 Westbound from M67 Junction 4 roundabout, comprising new traffic signals, signal controlled pedestrian/cyclist crossing, upgraded lighting and resurfacing.

Work No. 4 - Shown on sheet 1 of the works plans is the works to improve the non-motorised user provision at the roundabout including:

(i) existing footway upgraded to a combined footway/cycleway on the northern side of M67 Junction 4 roundabout;

(ii) creation of new signal controlled pedestrian/cycle crossings across the M67 and roundabout circulatory carriageway on the west side of M67 Junction 4 roundabout;

(iii) creation of signal controlled pedestrian/cycle crossings across Mottram Road at M67 Junction 4 roundabout including crossing of roundabout circulatory carriageway;

(iv) creation of pedestrian/cyclist routes through centre of M67 Junction 4 Roundabout;

(v) creation of signal controlled pedestrian/cycle crossings across Hyde Road at M67 Junction 4 roundabout including crossing of roundabout circulatory carriageway;

(vi) creation of signal controlled pedestrian/cycle crossings across Stockport Road at M67 Junction 4 roundabout;

(vii) existing footway upgraded to a combined footway/cycleway for 80 metres between Mottram Road and the M67 at M67 Junction 4 roundabout;

(viii) creation of an equestrian route through the centre of M67 Junction 4 roundabout including crossing of the circulatory carriageway; and

(ix) existing footway/cycleway upgraded to a combined footway/cycleway with equestrian use for 140 metres to the north of the A57 Hyde Road.

Work No. 5 - Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of a new section of the eastbound A57 dual carriageway, known as Mottram Moor Link Road, 1,640m in length, including earthworks, new drainage, signs, lighting and traffic signals at each end.

Work No. 6 - Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of a new section of the westbound A57 dual carriageway, known as Mottram Moor Link Road, 1,720m in length, including earthworks, new drainage, signs, lighting and traffic signals at each end.

Work No. 7 - Shown on sheets 1 and 2 of the works plans is the creation of new public rights of way, north and south of the proposed new dual carriageway including:

(i) a proposed combined footway/cycleway with equestrian use (230 metres in length) including access to culverts, and new private access to overhead electric line/pylon, plus connections to existing footpaths and field accesses;

(ii) a proposed combined footway/cycleway with equestrian use (935 metres in length) including access to culverts, Pond 1, plus connections to existing footpaths and field accesses;

(iii) a footpath connection north of proposed combined footway/cycleway with equestrian use (20 metres in length);

(iv) a footpath connection north of proposed combined footway/cycleway with equestrian use (10 metres in length); and

(v) a footpath connection and field access south of proposed combined footway/cycleway with equestrian use (20 metres in length).

Work No. 8 - Shown on sheet 1 of the works plans is the construction of a private access track to support the maintenance of Pond 1 70 metres in length.

Work No. 9 - Shown on sheet 2 of the works plans is the creation of a means of access and egress points serving land situated south of Edge Lane including:

(i) a proposed footpath connection 125 metres in length linking the proposed combined footway/cycleway with equestrian use with the existing public footpath LON 52/10 and providing field access to Old Mill Farm to the north of the proposed combined footway/cycleway with equestrian use; and

(ii) a proposed field access north of the proposed footpath 50 metres in length, providing access to Old Mill Farm.

Work No. 10 - Shown on sheet 3 of the works plans is the realignment of Old Hall Lane for a length of 110 metres.

Work No. 11 - Shown on sheets 3 and 4 of the works plans is the creation of means of access and egress to the south of the land currently known as the Showground, including:

(i) creation of a combined footway/cycleway with equestrian use of 720 metres in length, providing access to land south of the Showground and a connection between Old Hall Lane and the west side of Mottram Moor Junction;

(ii) creation of a field access 10 metres in length;

(iii) creation of a signal controlled equestrian crossing; and

(iv) creation of an equestrian holding pen and combined footway/cycleway with equestrian use diversion, on the approach to the equestrian crossing 35 metres in length.

Work No. 12 - Shown on sheet 4 of the works plans and is the construction of the following works at Mottram Moor Junction and including traffic signals, signs and lighting:

(i) A57 northbound approach 165 metres in length to Mottram Moor Junction;

(ii) A57 southbound exit from Mottram Moor Junction 20 metres in length;

(iii) westbound approach from Back Moor Junction to Mottram Moor Junction 165 metres in length;

(iv) eastbound exit from Mottram Moor Junction towards Tintwistle 140 metres in length;

(v) eastbound approach from Tintwistle to Mottram Moor Junction 140 metres in length;

(vi) westbound exit from Mottram Moor Junction 175 metres in length towards Back Moor;

(vii) southbound approach to Mottram Moor Junction from A57 Link Road 150 metres in length; and

(viii) southbound exit from Mottram Moor Junction to A57 Link Road 145 metres in length.

Work No. 13 - Shown on sheet 4 of the works plans is the creation of new non-motorised user provision associated with Mottram Moor Junction, including the creation of a:

(i) footway on the westbound carriageway opposite Back Moor Junction, 100 metres in length;

(ii) combined footway/cycleway on the westbound approach to Mottram Moor Junction, 100 metres in length;

(iii) signal controlled pedestrian/cycle crossing across the northern arm of Mottram Moor Junction, 55 metres in length;

(iv) signal controlled pedestrian/cycle crossing across the eastern arm of Mottram Moor Junction, 40 metres in length;

(v) signal controlled pedestrian/cycle crossing across the southern arm of Mottram Moor Junction, 50 metres in length;

(vi) signal controlled pedestrian/cycle crossing across the western arm of Mottram Moor Junction, 35 metres in length;

(vii) combined footway/cycleway including signal controlled pedestrian/cycle crossing on the eastern arm of Mottram Moor Junction, 123 metres in length;

(viii) segregated cycle track on the eastern arm of Mottram Moor Junction 97 metres in length;

(ix) combined footway/cycleway including signal controlled pedestrian/cycle crossing on the eastbound approach from the eastern arm of Mottram Moor Junction, 140 metres in length; and

(x) footway between the existing footway on the north side of the Mottram Moor and the westbound approach to Mottram Moor Junction, 20 metres in length.

Work No. 14 - Shown on sheets 4, 5, 6 and 8 of the works plans is the creation of a new combined footway/cycleway with equestrian use along the south side of the A57 Link Road, 985 metres in length.

Work No. 15 - Shown on sheets 4 and 8 of the works plans, the realignment of the (A6018) Back Moor 125 metres in length to link with Mottram Moor Junction, including new lighting and traffic signs.

Work No. 16 - Shown on sheet 8 of the works plans is the realignment of Hyde Road (A57) including construction of new lighting and signs on its approach to Back Moor Junction, for 50 metres in length.

Work No. 17 - Shown on sheet 4 of the works plans is the retention of the existing carriageway, reduced to two single lanes, ending in a turning head. This short section of road to the west of Mottram Moor Junction will be 95 metres in length between the junction with the realigned (A6018) Back Moor and the turning head.

Work No. 18 - Shown on sheet 4 of the works plans is the retention of the existing carriageway, reduced to two single lanes, ending in a turning head. This short section of road to the east of Mottram Moor Junction will be 90 metres in length between the junction with the realigned Mottram Moor and the turning head.

Work No. 19 - Shown on sheet 4 of the works plans is the alignment and surface improvement of Mottram Moor Junction and the existing A57 (T) Mottram Moor, for 90 metres in length and including new lighting and signs.

Work No. 20 - Shown on sheet 4 of the works plans is the creation of a private access track, 75 metres in length to accommodate the maintenance of Pond 2.

Work No. 21 - Shown on sheets 4 and 8 of the works plans is the creation of a public footpath 82 metres in length, located between the new Mottram Moor Junction and the existing public footpath LON 87/10 to the west of Mottram Moor Junction.

Work No. 22 - Shown on sheets 4, 5 and 6 of the works plans is the A57 Link Road (being a new section of single carriageway 1,090m in length between the proposed Mottram Moor Junction and Woolley Bridge Junction), including earthworks, new drainage, signs, lighting and traffic signals at each end.

Work No. 23 - Shown on sheets 5 and 9 of the works plans is the realignment of Carrhouse Lane 310 metres in length; together with a new access track and public footpath, including associated earthworks and drainage.

Work No. 24 - Shown on sheet 5 of the works plans is the creation of a private, field access track, 76 metres in length from Carrhouse Lane to a field east of Carrhouse Lane.

Work No. 25 - Shown on sheet 6 of the works plans is the:

(i) diversion of public footpath LON 90/10 for 200 metres in length between work number 25 (ii) and an access on the south side of the A57 Link Road facilitating a private access track to Pond 3 and access to an existing maintenance track;

(ii) creation of an access track to Pond 3, located between work number 25 (i) and Pond 3, 10 metres in length;

(iii) diversion of public footpath LON 90/10 and creation of a new access track to Tara Brook Farm for 210 metres in length between work number 25 (i) and Tara Brook Farm; and

(iv) creation of private access to Hope Farm for 10 metres in length.

Work No. 26 - Shown on sheet 6 of the works plans is the creation of a combined footway/cycleway with equestrian use of 520 metres in length along south side of A57 Link Road, between the access off the south side of the proposed A57 Link Road and Woolley Bridge Junction.

Work No. 27 - Shown on sheet 6 of the works plans is the construction of an at grade signal controlled T-Junction between the new A57 Link Road and Woolley Bridge including new traffic signals, signs, drainage, lighting and associated earthworks, and the construction of a new:

(i) eastbound approach to Woolley Bridge Junction from A57 Link Road, 95 metres in length;

(ii) westbound exit from Woolley Bridge Junction to A57 Link Road, 95 metres in length;

(iii) westbound approach to Woolley Bridge Junction, a short length of road to facilitate a proposed housing development, 15 metres in length;

(iv) southbound approach to Woolley Bridge Junction from Woolley Bridge, 65 metres in length;

(v) northbound exit from Woolley Bridge Junction to Woolley Bridge, 70 metres in length;

(vi) southbound exit from Woolley Bridge Junction to Woolley Bridge 100 metres in length; and

(vii) northbound approach to Woolley Bridge Junction from Woolley Bridge 100 metres in length.

Work No. 28 - Shown on sheet 6 of the works plans road widening and resurfacing between Woolley Bridge Junction and A57 Brookfield, 55 metres in length.

Work No. 29 - Shown on sheet 6 of the works plans being the creation of:

(i) signal controlled pedestrian/cycle crossing across the eastern arm of Woolley Bridge Junction, 10 metres in length; and

(ii) signal controlled pedestrian/cycle crossing across the southern arm of Woolley Bridge Junction, 30 metres in length.

Work No. 30 - Shown on sheet 6 of the works plans is the creation of:

(i) a new private access to the field on the east of River Etherow, 15 metres in length; and

(ii) creation of a highway layby, 15 metres in length, to the south west of Woolley Bridge Junction.

Work No. 31 – Shown on sheet 2 of the works plans is the construction of the proposed Old Mill Farm underpass, 35 metres in length to carry work number 7 (ii) and farm access tracks facilitating various farm access points (work numbers 7 (iii), 7 (iv), 7(v), 9 (i) and 9 (ii)).

Work No. 32 – Shown on sheet 2 of the works plans is the construction of the proposed Roe Cross Road Bridge and retaining walls to Mottram Underpass, carrying Roe Cross Road over works number 5 and 6 on the existing alignment for 60 metres in length, and space for traffic diversions during construction.

Work No. 33 – shown on sheet 3 of the works plans is the construction of the proposed Mottram Underpass of 130 metres in length, carrying both Old Road and Old Hall Lane above work numbers 5 and 6, including reinstatement and landscaping on land above and between the roads, and space for traffic diversions during construction.

Work No. 34 - Shown on sheet 5 of the works plans is the construction of the proposed Carrhouse Lane underpass at Carrhouse Lane, 30 metres in length to accommodate work number 23, below the proposed A57 Link Road.

Work No. 35 - Shown on sheet 6 of the works plans is the construction of the proposed River Etherow bridge over the River Etherow, 45 metres in length, including all associated bridge foundations, carriageway, parapets and other associated structures.

Work No. 36 – Shown on sheets 1, 2, 4, 5 and 6 of the works plans and comprising the following works to the culverted watercourses:

(i) creation of a culvert to carry an unnamed ordinary watercourse below work numbers 5 and 6 for a length of 85 metres (Sheet 1);

(ii) creation of a culvert to carry an unnamed ordinary watercourse below work numbers 5 and 6 for a length of 80 metres (Sheet 1);

(iii) creation of a culvert to carry drainage outfall below work number 7 (ii) for a length of 20 metres (sheet 1);

(iv) creation of a culvert to carry an unnamed ordinary watercourse below an existing public right of way LON/50/10 for a length of 15 metres (sheet 1);

(v) creation of a culvert to carry an unnamed ordinary watercourse below an existing public right of way LON/51/20 for a length of 15 metres (sheet 2);

(vi) creation of a culvert to carry a drainage ditch below farmland for a length of 35 metres (sheet 2);

(vii) creation of a culvert to carry Hurtsclough Brook below works 5 and 6 for a length of 55 metres (sheet 2);

(viii) creation of a culvert to support a drainage ditch below farmland for a length of 50 metres (sheet 2);

(ix) creation of a culvert to carry unnamed watercourse below work numbers 5 and 6 for a length of 119 metres (sheet 4);

(x) creation of a culvert to carry Tara Brook below work number 21, for a length of 35 metres (sheet 4);

(xi) creation of a culvert to carry Tara Brook below work number 22, for a length of 73 metres (sheet 4);

(xii) creation of a culvert to carry a drainage ditch below work number 56 for a length of 15 metres (sheets 5 and 6); and

(xiii) creation of a culvert to carry drainage ditch below work number 25 (iii) for a length of 15 metres (sheet 6).

Work No. 37 - Shown on sheet 1 of the works plans is the construction of a drainage attenuation pond (Pond 1) 3430 square metres in size, with sediment forebay for attenuation, prior to outfall, including associated earthworks and drainage connections.

Work No. 38 - Shown on sheet 4 of the works plans is the construction of a drainage attenuation pond (Pond 2) 6440 square metres in size with sediment forebay for attenuation, prior to outfall, including associated earthworks and drainage connections.

Work No. 39 – Shown on sheet 6 of the works plans is the construction of a drainage attenuation pond (Pond 3) 3305 square metres in size for attenuation, prior to outfall, including associated earthworks and drainage connections.

Work No. 40 – Shown on sheets 1 and 2 of the works plans is the construction of new drainage ditches to the north of the A57 link between M67 and Roe Cross Road.

Work No. 41 – Shown on sheets 1 and 2 of the works plan is the construction of new watercourses to north of work number 5 between M67 and Roe Cross Road.

Work No. 42 - Shown on sheets 1 and 2 of the works plans is the construction of a highway drainage ditch to south of work number 6, for 265 metres.

Work No. 43 – Shown on sheet 2 of the works plans is the diversion of Hurstclough Brook along a length of 220 metres, south of work number 6.

Work No. 44 - Shown on sheets 3 and 4 of the works plans are new watercourses to manage local drainage; a proposed watercourse to the east of Old Hall Lane and on the north side of the proposed cutting to the east of the proposed underpass.

Work No. 45 – Shown on sheets 4 and 8 of the works plans is the diversion of Tara Brook either side of work number 22 linked though the culvert constructed pursuant to work number 36(xi).

Work No. 46 - Shown on sheets 4, 5, 6 and 9 of the works plans is the construction of various drainage ditches relating to A57 Link Road (work number 22).

Work No. 47 - Shown on sheets 1 and 2 of the works plans is the construction of:

(i) an earthwork screening bund along the north side of work number 5, 145 metres in length as shown on sheet 1 of the works plans;

(ii) an earthwork screening bund along the north side of work number 5, 180 metres in length (sheet 2); and

(iii) an earthwork screening bund along the south side of work number 6, 165 metres in length (sheet 2).

Work No. 48 – Shown on sheets 4, 5 and 6 of the works plans is the construction of:

(i) an earthwork screening bund to the south west of work number 14, 135 metres in length as shown on sheet 4 of the works plans;

(ii) an earthwork screening bund to the south west of work number 22, 280 metres in length as shown on sheet 4 of the works plans;

(iii) an earthwork screening bund to the south of work number 22, 55 metres in length as shown on sheet 5 of the works plans;

(iv) an earthwork screening bund to the south of work number 22, 260 metres in length, as shown on sheets 5 and 6 of the works plans; and

(v) an earthwork screening bund to the north side of work number 22, west of Carrhouse Lane, 330 metres in length, as shown on sheets 4 and 5 of the works plans.

Work No. 49 – shown on sheets 2 and 8 of the works plans, indicates specific environmental mitigation works:

(i) new ecological mitigation area on land situated to the north of work number 5 (sheet 2); and

(ii) new ecological mitigation works on land situated to the south of work number 14 (sheet 8).

Work No. 50 - shown on sheets 2, 3, 4, 5, 6 and 8 of the works plans to indicate the location of bat boxes installed on existing trees.

Work No. 51 - Shown on sheets 1, 7 and 8 of the works plans is the detrunking of the existing A57 (T) between the M67 Junction 4 and Mottram Moor Junction for a length of 1587 metres, including associated traffic calming measures and signage.

Work No. 52 - Shown on sheets 4 and 9 of the works plans is the improvement of the existing A57 (T) for a length of 360 metres from Mottram Moor Junction to Gun Inn Junction, including improvements to pedestrian and cycle facilities.

Work No. 53 - Shown on sheet 9 of the works plans:

(i) the installation of new traffic signals, signs and pedestrian facilities at the existing Gun Inn Junction western arm (20 metres in length);

(ii) the installation of new traffic signals, signs and pedestrian facilities at the existing Gun Inn Junction northern arm (20 metres in length);

(iii) the installation of new traffic signals, signs and pedestrian facilities at the existing Gun Inn Junction eastern arm (30 metres in length); and

(iv) the installation of new traffic signals, signs and pedestrian facilities at the existing Gun Inn Junction southern arm (25 metres in length).

Work No. 54 - Shown on sheets 6, 9 and 10 of the works plans, improvements to Woolley Lane for 810 metres to include improved facilities for non-motorised users, signage and traffic calming measures.

Work No. 55 - Shown on sheet 6 of the works plans, the construction of the River Etherow flood compensation area, with an area of 5595 square metres.

Work No. 56 - Shown on sheets 5 and 6 of the works plans, the creation of a new access track to Carrhouse Lane Farm of 380 metres in length.

Work No. 57 - Shown on sheet 3 of the works plans, a new ecological mitigation area, including an ecological mitigation (bat) structure.

Work No. 58 – Shown on sheets 3 and 4 of the works plans diversion of United Utilities Water Limited water sewerage pipes for 735 metres.

Work No. 59 - Shown on sheet 4 of the works plans, the diversion of United Utilities Water Limited water main for 420 metres.

Work No. 60 - Shown on sheets 1 and 2 of the works:

(i) diversion of United Utilities Water Limited water distribution main for 135 metres;

(ii) diversion of United Utilities Water Limited water distribution main for 205 metres; and

(iii) diversion of United Utilities Water Limited water distribution main for 215 metres.

Work No. 61 - Shown on sheets 3 and 4 of the works plans, diversion of existing 33kv, 415V and 11kV Electricity North West Limited buried power cables, for 465 metres, to the east of work number 5, crossing the eastern and southern arms of Mottram Moor Junction.

Work No. 62 –Shown on sheet 4 of the works plans, diversion of a various utilities for 400 metres north and south of Mottram Moor Junction, including:

(i) the diversion of existing Electricity North West Limited buried power cables;

(ii) the diversion or protection works to existing British Telecommunications PLC buried communications cables;

(iii) diversion of existing Cadent Gas Limited gas main pipes; and

(iv) diversion of United Utilities Water Limited clean water mains and protection of existing sewerage pipes.

Work No. 63 – Shown on sheet 5 of the works plans, diversion of an existing Cadent Gas Limited gas main pipe, for 70 metres.

Work No. 64 -Shown on sheets 5 and 6 of the works plans, diversion of existing Electricity North West Limited buried power cables, for 100 metres.

Work No. 65 - Shown on sheet 6 of the works plans, diversion of existing United Utilities Water Limited water main, for 210 metres.

Work No. 66– Shown on sheets 2, 3, 4, 5, 6 of the works plans:

(i) a noise barrier to the north side of work number 5, 180 metres in length as shown on sheet 2 of the works plans;

(ii) a noise barrier to the south side of work number 6, 307 metres in length as shown on sheet 2 of the works plans;

(iii) a noise barrier curving from the north west to the east on the south side of work number 6, 133 metres in length as shown on sheet 3 of the works plans;

(iv) a noise barrier to the north side of work number 5, 173 metres in length as shown on sheet 3 of the works plans;

(v) a noise barrier to the south side of work number 6, 125 metres in length as shown on sheet 4 of the works plans;

(vi) a noise barrier to the north side of work number 12 (i), 128 metres in length as shown on sheet 4 of the works plans;

(vii) a noise barrier to the south side of work number 14, 333 metres in length as shown on sheet 5 of the works plans; and

(viii) a noise barrier to the north side of work number 22, 330 metres in length as shown on sheets 5 and 6 of the works plans.

Work No. 67 - Shown on sheets 4 and 8 of the works plans, creation of a combined footway/cycleway 150 metres in length on the eastbound approach to Mottram Moor Junction.

Work No. 68 - Shown on sheet 8 of the works plans, diversion of a footway 50 metres in length on the south side of Mottram Moor.

Work No. 69 - Shown on sheet 8 of the works plans, diversion of a footway 60 metres in length between Mottram Moor and Back Moor.

In connection with the construction of any of those works, further development within the Order limits provided that it does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement, consisting of—

(a) alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track, cycleway or verge within the street; altering the level or increasing the width of any such kerb, footpath, footway, cycle track, cycleway or verge; and reducing the width of the carriageway of the street;

(b) works required for the strengthening, improvement, maintenance, or reconstruction of any street;

(d) ramps, means of access, non-motorised links, footpaths, footways, bridleways, cycle tracks, cycleways and crossing facilities;

(e) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, outfalls, ditches, pollution control devices, wing walls, highway lighting, fencing and culverts;

(f) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;

(g) works to place, alter, divert, relocate, remove or maintain the position of apparatus, services, plant and other equipment in a street, or in other land, including mains, sewers, drains, pipes, lights and cables;

(h) works to alter the course of, or otherwise interfere with a watercourse;

(i) landscaping, 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;

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

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

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

(m) the felling of trees and hedgerows;

(n) 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;

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

(p) 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.

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 1990⁸²;

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 44 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017⁸³;

“the Design Council’s Design Review panel” means the group of independent professionals assembled by the Design Council (registered charity number 272099) to undertake reviews of the design of infrastructure projects in accordance with guidance published by the Design Council from time to time;

“the first iteration EMP” means the document of that description referred to in Schedule 10 (documents to be certified) being the first iteration environmental management plan submitted with the application for this Order and certified as the first iteration environmental management plan by the Secretary of State for the purposes of this Order;

“flood risk assessment” means the document of that description set out in Schedule 10 certified by the Secretary of State as the flood risk assessment for the purposes of this Order;

“the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981⁸⁴;

“the Outline Landscape and Ecological Management and Monitoring Plan” means the document of that description referred to in Schedule 10 and certified by the Secretary of State as the Outline Landscape and Ecological Management and Monitoring Plan for the purposes of this Order;

“PAS 2080” means PAS 2080: 2016 Carbon management in infrastructure, a specification published by the British Standards Institution;

“preliminary works” means archaeological investigations and mitigation works, ecological surveys and mitigation works, environmental surveys and monitoring, investigations for the purpose of assessing and monitoring ground conditions and levels, remedial work in respect of any contamination or other adverse ground conditions, erection of any temporary means of enclosure, establishment of work areas and compounds, diversion and laying of underground apparatus and site clearance, the temporary display of site notices or information and the receipt of construction plant and equipment, and the erection of construction plant and equipment for the preliminary works;

“REAC” means the register of environmental actions and commitments contained in the first iteration EMP;

“the second iteration EMP” means the second revision of the first iteration EMP which is refined during the construction stage for the consented project, in advance of construction;

“the third iteration EMP” means the third revision of the first iteration EMP, which builds upon the second iteration EMP refined at the end of the construction stage to support future management and operation.

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

3

(1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the works plans and the engineering drawings and sections, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority on matters related to their functions and provided that the Secretary of State is satisfied that any amendments to the works plans and the engineering drawings and sections showing departures from the preliminary scheme design would not give rise to any materially new or materially worse 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.

(3) No part of the authorised development is to commence until options for the detailed design of that part of the authorised development have been submitted to the Design Council’s Design Review panel and the undertaker has received and considered the advice of the Design Council’s Design Review panel in respect of the detailed design of that part of the authorised development.

(4) The undertaker must, in the course of developing the detailed design of the authorised development consult with the relevant planning authority, local highway authority and other parties identified in the Community Engagement Plan.

(5) No part of the authorised development is to commence until details of the external appearance of the Mottram Underpass and Roe Cross Road Bridge to be constructed pursuant to Work Nos. 32 and 33, the River Etherow Bridge to be constructed pursuant to Work No. 35, and the noise barriers to be constructed pursuant to Work No. 66 have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and local highway authority on matters related to their functions.

(6) The authorised development must be carried out in accordance with the approved details referred to in sub-paragraph (5).

Second Iteration EMP

4

(1) No part of the authorised development is to commence until a second iteration EMP, substantially in accordance with the first iteration EMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the local highway authority and the Environment Agency on matters related to their functions.

(2) The second iteration EMP must be written in accordance with ISO 14001 and must—

(a) be 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;

(i) movements to work, maintenance and general preparation works but not including running plant and machinery for a period of one hour either side of the above times;

(ii) night-time closures including for road crossings and final surfacing tie ins provided that the activity does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement;

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

(iv) junction tie-in works;

(v) repair or maintenance of construction equipment;

(vi) removal of overhead power lines provided that the activity does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement;

(vii) overnight traffic management measures;

(viii) cases of emergency; and

(ix) as otherwise agreed by the relevant planning authority in advance provided that any other work carried out outside the specified working hours or any extension to the working hours will only be permitted if there has been prior written agreement of the relevant environmental health officer of the relevant planning authority and provided that the activity does not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement; and

(x) provided that written notification of the extent, timing and duration of each activity is given to the relevant local authority in advance of any works that are to be undertaken outside of the specified hours, except in cases of emergency or for the repair or maintenance of construction equipment, which are to be notified to the relevant local authority as soon as is practicable;

(d) include the Design Approach Document which must be in accordance with the version of that document forming part of the first iteration EMP and must include the following management plans which must be in accordance with the first iteration EMP, the REAC and the Outline Landscape and Ecological Management and Monitoring Plan—

(i) Soil Resource Plan;

(ii) Noise and Vibration Management Plan;

(iii) Pollution Prevention Plan;

(iv) Emergency Spillage Response Plan;

(v) Emergency Flood Response Plan;

(vi) Dewatering Management Plan;

(vii) Construction Water Management Plan;

(viii) Site Waste Management Plan;

(ix) Materials Management Plan;

(x) Asbestos Management Plan;

(xi) Arboricultural Method Statement;

(xii) Community Engagement Plan;

(xiii) Nuisance Management Plan;

(xiv) Ecological Management Plan;

(xv) Traffic Management Plan;

(xvi) Biosecurity Management Plan;

(xvii) Invasive Non Native Management Plan;

(xviii) Landscape and Ecological Management and Monitoring Plan;

(xix) Archaeological Fieldwork Strategy; and

(xx) Carbon Management Plan;

(e) contain a record of all applications made pursuant to section 61 of the Control of Pollution Act 1974 to demonstrate that where the undertaker is acting further to section 61 of that Act in relation to the construction of the authorised development the undertaker has included particulars in the application to demonstrate that the works that are the subject of the application, including the method by which they are to be carried out and the steps proposed to be taken to minimise noise resulting from the works, would not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environment statement;

(f) contain a record of the consents, commitments and permissions resulting from liaison with statutory bodies;

(g) incorporate the measures for the construction stage identified in the environmental statement;

(h) be kept up to date with any material changes during construction and include a mechanism for consultation on such material changes with the relevant planning authority, the local highway authority and the Environment Agency on matters related to their functions; and

(i) include details of the process for the preparation of the third iteration EMP, which must include for the third iteration EMP to be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, the local highway authority and the Environment Agency on matters related to their functions.

(3) The construction of the authorised development must be carried out in accordance with the approved second iteration EMP.

(4) A third iteration EMP 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 second iteration EMP.

(5) The third iteration EMP must substantially accord with the measures for the management and operation of the authorised development included in the first iteration EMP and address the matters set out in the environmental statement and the approved second iteration EMP 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

(6) The third iteration EMP must require—

(a) monitoring of air quality in the Tintwistle and Dinting Value Air Quality Management Areas;

(b) the implementation of mitigation measures if a breach of any national air quality objectives is reasonably attributable to the operation of the authorised development in those areas; and

(c) in the event that mitigations measures are put in place, such measures are to be approved in writing by the Secretary of State following consultation with the relevant local planning authority.

(7) The authorised development must be operated and maintained in accordance with the approved third iteration EMP.

Landscaping

5

(1) No part of the authorised development is to commence unless a written landscaping scheme which sets out details of all proposed hard and soft landscaping works 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 functions.

(2) The authorised development must be landscaped in accordance with the landscaping scheme approved under sub-paragraph (1).

(3) The landscaping scheme prepared under sub-paragraph (1) must reflect the mitigation measures set out in the REAC and must be based on the illustrative environmental masterplan annexed to the environmental statement.

(4) 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;

(d) proposed finished ground levels; and

(e) implementation timetables for all landscaping works.

(5) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised standards and codes of good practice, as specified in the Landscape and Ecological Management and Monitoring Plan for the authorised development.

(6) 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.

Contaminated land and groundwater

6

(1) No part of the authorised development is to commence until for that part a remediation strategy or design statement, if remediation is not required, to deal with the risks associated with contamination of the site in respect of the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency on matters related to their functions.

(2) The remediation strategy or design statement, if remediation is not required, prepared under sub-paragraph (1) must include details of—

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