The A57 Link Roads Development Consent Order 2022
- (a) a site investigation, based on the preliminary risk assessment bearing reference HE551473-ARC-TPU-RP-CE-3199 reported in chapter 9 (geology and soils) of the environmental statement, to provide information for a relevant risk assessment of the risk to the identified receptors that may be affected, including those outside the Order limits;
- (b) the results of the site investigation and the relevant risk assessment referred to in sub-paragraph (a) and, based on these, an options appraisal and remediation strategy, where necessary, giving full details of the remediation measures required to render the land fit for its intended purpose and how they are to be undertaken; and
- (c) a verification plan, where necessary, providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy under sub-paragraph (b) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
- (3) In the event that soil or water contamination, including groundwater, is found at any time when carrying out the authorised development, which was not previously identified and accounted for within the approved remediation strategy, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must update the remediation strategy in consultation with the relevant planning authority and the Environment Agency on matters related to their functions.
- (4) Remediation, where necessary, must be carried out in accordance with the approved remediation strategy unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the Environment Agency on matters related to their functions.
- (5) Where remediation is necessary, no part of the authorised development is to be brought into use until for that part a verification report demonstrating the completion of the works set out in the approved remediation strategy and the effectiveness of the remediation 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. The verification report must include results of sampling and monitoring carried out in accordance with the approved details.
- (6) The authorised development is not to commence until an updated hydrogeological risk assessment report that addresses the risks to the groundwater resources that may be impacted by 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.
- (7) The report prepared under sub-paragraph (6) must include details of—
- (a) the pre-construction baseline conditions of all features identified during a comprehensive water features survey;
- (b) an updated hydrogeological model for the area that has been identified as being affected by the construction of all elements of the authorised development;
- (c) suitable monitoring locations and parameters to be used for the duration of the construction of the authorised development and will serve as monitoring points for the verification of a successful scheme; and
- (d) a dewatering management plan containing a groundwater monitoring programme that must be implemented to ensure the continued safeguards of abstractions identified by the water features survey.
- (8) The authorised development must be carried out in accordance with the approved dewatering management plan as informed by the updated hydrogeological risk assessment.
Protected species
7
- (1) No part of the authorised development is to commence until for that part final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by any part of the authorised development, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.
- (2) Following pre-construction survey work or at any time when carrying out the authorised development, where—
- (a) a protected species is shown to be present, or where there is a reasonable likelihood of it being present;
- (b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and
- (c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,
the relevant parts of the relevant works likely to affect the identified protected species must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.
- (3) The undertaker must consult Natural England on the scheme referred to in sub-paragraph (2) prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.
- (4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after the Secretary of State has consulted Natural England, and under any necessary licences.
Surface and foul water drainage
8
- (1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the relevant lead local flood authority and the Environment Agency on matters related to their functions.
- (2) The surface and foul water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant lead local flood authority on matters related to its function, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement.
Flood risk assessment
9
- (1) Subject to sub-paragraph (2), the authorised development must be carried out in accordance with the flood risk assessment or any update thereof approved by the Environment Agency, including the mitigation measures detailed in it, so that no part of the authorised development is predicted to result in any exceedance of the flood levels to properties and land shown in the flood risk assessment.
- (2) Sub-paragraph (1) does not apply in any circumstance where the undertaker proposes to carry out a part of the authorised development otherwise than in accordance with the flood risk assessment or demonstrates to the Environment Agency’s satisfaction, in consultation with the relevant lead local flood authority, that the part of the authorised development concerned would not result in an exceedance of the flood levels shown in the flood risk assessment.
- (3) The authorised development is not to commence until a programme outlining the intended schedule and phasing of works and mitigation of flood risk during construction has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, relevant lead local flood authority and the Environment Agency on matters related to their functions.
- (4) The authorised development must be carried out in accordance with the programme approved under sub-paragraph (3).
Archaeological remains
10
- (1) No part of the authorised development is to commence until for that part a written scheme for the investigation of areas of archaeological interest including a programme for post excavation analysis, reporting, publication or archiving, reflecting the relevant mitigation measures set out in the REAC, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, Greater Manchester Archaeological Advisory Service and the county archaeologist at Derbyshire County Council on matters related to their functions.
- (2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).
- (3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme referred to in sub-paragraph (1).
- (4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and reported to the relevant planning authority as soon as reasonably practicable from the date they are identified.
- (5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date of any notice served under sub-paragraph (4) unless otherwise agreed in writing by the relevant planning authority.
- (6) If the relevant planning authority determines in writing that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details to be submitted in writing to, and approved in writing by, the relevant planning authority.
- (7) On completion of the authorised development, suitable resources and provisions for long term storage of the archaeological archive will be agreed with the county archaeologist.
- (8) For the purposes of this requirement, reference to part shall include the preliminary works where the preliminary works comprise intrusive ground works.
Fencing
11
Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with Volume 1, Series 0300 of the Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.
Carbon management
12
- (1) No part of the authorised development is to commence until for that part a Carbon Management Plan has been submitted to and approved 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.
- (2) The authorised development must be carried out in accordance with the Carbon Management Plan approved under sub-paragraph (1).
- (3) The Carbon Management Plan prepared under sub-paragraph (1) must adhere to the principles of PAS 2080 and must—
- (a) quantify the construction stage carbon emissions that are identified at the preliminary scheme design stage;
- (b) set out the consideration given to the use of construction methods, materials and other means to reduce carbon emissions and identify a target for a reduction in construction stage carbon emissions from the preliminary scheme design stage to the completion of the authorised development; and
- (c) provide a comparison of the construction stage carbon emissions, use of construction methods, materials and other means to reduce carbon emissions for the authorised development with other projects identified in consultation with the relevant planning authority and local highway authority.
- (4) The undertaker must maintain up to date reports of the construction stage carbon emissions, use of construction methods and materials to reduce carbon emissions; and how those compare with the Carbon Management Plan, until the date of completion of the authorised development.
- (5) The adherence of the Carbon Management Plan to the principles of PAS 2080, the construction stage carbon emissions quantified in the Carbon Management Plan, and the up to date reports referred to in sub-paragraph (4), must be verified by an independent body approved by the Secretary of State.
- (6) The Carbon Management Plan prepared under sub-paragraph (1) and the up to date reports referred to in sub-paragraph (4), as verified in accordance with sub-paragraph (5), must be available in electronic form for inspection by members of the public until the date of completion of the authorised development.
Piling
13
- (1) No part of the authorised development is to commence until for that part a Piling Design Statement has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to their functions.
- (2) The authorised development must be carried out in accordance with the Piling Design Statement approved under sub-paragraph (1).
- (3) The Piling Design Statement prepared under sub-paragraph (1) must include details of—
- (a) options for the proposed piling method at each location where piling is proposed;
- (b) for each piling method option at each location, noise and vibration mitigation measures and anticipated noise and vibration effects on identified receptors that are likely to be affected;
- (c) the proposed piling method and noise and vibration mitigation measures at each location; and
- (d) justification of why rotary bored piling is not feasible in any location where the use of percussive piling would lead to more adverse noise or vibration effects on the identified receptors that are likely to be affected.
Details of consultation
14
- (1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, the undertaker must provide such other party with not less than 21 days for any response to the consultation and thereafter the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.
- (2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.
- (3) The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.
- (4) Where the consultation responses are not reflected in the details submitted to the Secretary of State for approval, the undertaker must state in the summary report referred to under sub-paragraph (1) the reasons why the consultation responses have not been reflected in the submitted details.
Amendments to approved details
15
With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes or plans approved under this Schedule, the approved details or schemes or plans are taken to include any amendments that may subsequently be approved in writing by the Secretary of State.
PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS
Applications made under requirements
16
- (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—
- (a) the day immediately following that on which the application is received by the Secretary of State;
- (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 17 (further information); or
- (c) such longer period as may be agreed between the parties.
- (2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.
- (3) Where—
- (a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;
- (b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and
- (c) the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially worse environmental effects in comparison with those reported in the environmental statement,
the application is taken to have been refused by the Secretary of State at the end of that period.
Further information
17
- (1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.
- (2) In the event that the Secretary of State considers such further information to be necessary, the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within that 21 business day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.
- (3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 16 (applications made under requirements) and in this paragraph.
- (4) In this paragraph, “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 197185.
- (5) When making an application for consent under sub-paragraph (1), the undertaker must notify the Secretary of State of the effect of sub-paragraph (2).
Register of requirements
18
- (1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.
- (2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.
- (3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.
Anticipatory steps towards compliance with any requirement
19
If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.
SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.
PART 1 — SPECIAL ROADS
| (1) Road | (2) Extent |
|---|---|
| Existing M67 roundabout approach | Between points C1/1 and C1/2 or C1/5 on Sheet 1 of the classification of roads plans |
PART 2 — TRUNK ROADS
| (1) Road | (2) Extent |
|---|---|
| Existing M67 Junction 4 roundabout | Between points C1/2 and C1/5 passing around the circulatory carriageway in a clockwise direction (north, east, south and west) on Sheet 1 of the classification of roads plans |
| Proposed M67 Junction 4 throughabout link | Between points C1/5 and C1/6 on Sheet 1 of the classification of roads plans |
| Proposed A57(T) Dual Carriageway | Between points C1/6 or C1/9 on Sheet 1 and C2/2 on Sheet 2 of the classification of roads plans |
| Proposed Mottram Moor Junction | Between points C2/2 and C2/9, C2/10 and C2/11 on Sheet 2 of the classification of roads plans |
| Improvements to existing A57 carriageway between Mottram Moor to Gun Inn | Between Mottram Moor Junction (point C2/11) and the existing Gun Inn Junction (Wedneshough/Market Street /Woolley Lane and A57(T) Mottram Moor) on Sheet 2 of the classification of roads plans |
| Improvements to existing A628(T) Market St | Improvements to Market Street within the DCO limits. As shown on Sheet 2 of the classification of roads plans |
PART 3 — CLASSIFIED ROADS
| (1) Road | (2) Extent |
|---|---|
| A57 Link (single carriageway) (A Road) | Between points C2/9 and C2/4 on Sheet 1 and Sheet 2 of the classification of roads plans |
| Hyde Rd (A57) (B Road) | Between points C1/7 or C1/8 and C2/3 Sheet 1 and Sheet 2 on the classification of road plans |
| Mottram Moor Junction local roads exits (A and B Roads) | Between points C2/10 and C2/1 on Sheet 2 on the classification of road plans |
| Mottram Moor Junction short road to the east of the Junction | Short, classified road between points C2/7 and C2/8 with an entrance to the east of the proposed Mottram Moor Junction (C2/7), serving local residents and providing access to nearby houses |
| Mottram Moor Junction short road to the west of the Junction | Short, classified road between points C2/5 and C2/6 with an entrance to the west of the proposed Mottram Moor Junction (C2/5), serving local residents and providing access to nearby houses |
PART 4 — ROAD TO BE DETRUNKED
A length of 1587 metres of the existing A57(T) Hyde Road from points 1/3 on Sheet 1 of the speed limits and traffic regulations plans, being the junction of the M67 Junction 4 Roundabout in an easterly direction to the junction with Back Moor and then following the A57 Mottram Moor to the tie in at point 2.8, as shown on Sheet 2 of the speed limits and traffic regulations plans.
PART 5 — SPEED LIMITS
| (1) Road name and number | (2) Extent | (3) Speed Limit |
|---|---|---|
| Proposed Throughabout link at M67 Junction 4 | From point 1/2 on the eastern side of the M67 Junction 4 roundabout, crossing the roundabout to point 1/5 at the western exit from the roundabout to the M67 for a distance of 160 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour |
| Proposed A57(T) Dual Carriageway (both directions) | From points A and B, 70 metres north east of its junction with the M67 Junction 4 roundabout circulatory carriageway along its length to within 110 metres of Mottram Moor Junction (points L, M and N) for a total distance of 1650 metres as shown on Sheets 1 and 2 of the speed limits and traffic regulations plans. | 50 miles per hour |
| Proposed A57(T) Dual Carriageway (both directions) | From its junction with the M67 Junction 4 roundabout (points 1/1 and 1/2) along its length for a total distance of 70 metres to points A and B, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour |
| Proposed Mottram Moor Junction (all four directions) | The cross road identified as Mottram Moor Junction, from its tie in with the proposed A57(T) Dual Carriageway (points L, M and N), its tie in with Mottram Moor (points 2/8), its tie in with Back Moor (point 2/7), its tie in with Hyde Road (point 2/6) and its linkage with the Proposed A57 Link Road (Single Carriageway) as shown on Sheet 2 of the speed limits and traffic regulations plans. (This includes the short stretches of retained existing highway, either side of Mottram Moor Junction.) | 30 miles per hour |
| Proposed A57 Link Road (Single Carriageway) (both directions) | From the Mottram Moor Junction (points L, M and N) along its length to the Woolley Bridge Junction (point 2/9) for a total distance of 1250 metres as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour |
| A57 (T) (Hyde Road) from the M67 Junction 4 to the tie in at the junction with A6018 Back Moor (both directions) | From a point 23 metres east of its junction with the M67 Junction 4 roundabout (points C and D) to its tie in with the realigned junction with A6018 Back Moor (points P and O) for a total distance of 1100metres, as shown on Sheets 1 and 2 of the speed limits and traffic regulations plans. | 20 miles per hour |
| Junction between Hyde Rd and Stalybridge Road (all directions) | From Stalybridge Road (points K and H) 20 metres north of the Junction with A57(T) Hyde Road to A57(T) Hyde Road as shown on Sheet 1 of the speed limits and traffic regulations plans. | 20 miles per hour |
| Junction between Hyde Rd and Broadbottom Road (all directions) | From Broadbottom Road (points J and I) 20 metres south of the Junction with A57(T) Hyde Road to A57(T) Hyde Road as shown on Sheet 1 of the speed limits and traffic regulations plans. | 20 miles per hour |
| A57 Woolley Lane (both directions) | From the Junction between A57(T) Mottram Moor, Wedneshough and Market Street (points Q, R, S and T) for a total of 665 metres, to its junction with Woolley Bridge Road (points U and V), as shown on Sheet 2 of the speed limits and traffic regulations plans. | 20 miles per hour |
| Existing M67 Junction 4 | The whole length of the improved M67 Junction 4 circulatory carriageway, for a distance of 422 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour, as existing limit |
| Existing M67 (both directions) | Along the length of the improved M67 carriageway, for a total distance of 330 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 70 miles per hour, as existing limit |
| Existing A6018 Roe Cross Road (both directions) | Along the length of the existing Roe Cross Road within the DCO boundary, for a distance of 295 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour and 30 miles per hour, as existing limits |
| Existing Old Hall Lane (both directions) | Along the length of the existing Old Road within the DCO boundary, for a distance of 133 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
| Existing Market Street (leading into Broadbottom Road) | Along the length of the existing Market Street, (leading into Broadbottom Road) within the DCO boundary, for a distance of 50 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
| Existing B6174 Stalybridge Road | Along the length of the existing Stalybridge Road within the DCO boundary, for a distance of 50 metres and a further section of 20 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
| Existing Old Road (both directions) | Along the length of the existing Old Road within the DCO boundary, for a distance of 185 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
| Existing Mottram Road (both directions) | Along the length of the existing Mottram Road within the DCO boundary, for a distance of 200 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 40 miles per hour, as existing limit |
| Existing Stockport Road (both directions) | Along the length of the existing Stockport Road within the DCO boundary, for a distance of 223 metres, as shown on Sheet 1 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
| Existing Market St (both directions) | Along the length of the existing Market Street within the DCO boundary, for a distance of 173 metres, as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
| Existing A57 Woolley Bridge (both directions) | Along the length of the existing A57 Woolley Bridge within the DCO boundary, for a distance of 370 metres, north and south of proposed Wooley Bridge Junction, as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
| Existing A6018 Back Moor (both directions) | Along the length of the existing A6018 Back Moor within the DCO boundary, for a distance of 18 metres and 69 metres, as shown on Sheets 1 and 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
| Existing A57(T) Mottram Moor | Along the length of the existing A57 Mottram Moor within the DCO boundary, for a distance of 390 metres, as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
| Existing Wedneshough | Along the length of the existing Wedneshough within the DCO boundary, for a distance of 53 metres, as shown on Sheet 2 of the speed limits and traffic regulations plans. | 30 miles per hour, as existing limit |
PART 6 — CLEARWAYS AND OTHER PROHIBITIONS
| (1) Area | (2) Road name and number and length | (3) Clearway and prohibitions |
|---|---|---|
| Longdendale Ward, Tameside | Proposed A57(T) dual carriageway (both directions from its junction with the M67 Junction 4 roundabout (points 1/1 and 1/2) to Mottram Moor Junction (points 2/1, 2/2, 2/3, 2/4, and 2/5) a total distance of 2980 metres as shown on Sheet 1 and Sheet 2 of the speed limits and traffic regulations plans. | Clearway (to include verges) Prohibition of pedestrians. Prohibition of cyclists. Prohibition of ridden or accompanied horses |
PART 7 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDER
| (1) Area | (2) Road name, number and length | (3) Title of Order | (4) Revocations or Variations |
|---|---|---|---|
| Longdendale Ward, Tameside | Hyde Road (A57 (T)) and Mottram Moor (A57 (T)) as shown on Sheet 1 of the speed limits and traffic regulations plans between points 1/3 and 2/8 | The A57 Trunk Road (Hyde Road and Mottram Roundabout) (30 Miles Per Hour and 40 Miles Per Hour Speed Restriction) Order 2013 | To be revoked in so far as it is in force and within the Order Limits |
PART 8 — PUBLIC RIGHTS OF WAY
| (1) Public right of way | (2) Extent |
|---|---|
| Proposed combined footway/cycleway with equestrian use | 1566 metres of combined footway/cycleway with equestrian use connecting point 6/9 and point 4/16, as shown on Sheets 4, 5 and 6 of the streets, rights of way and access plans. |
| Proposed footpath | 249 metres of footpath connecting point 5/2 on Sheet 5 and point 9/2 on Sheet 9 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway with equestrian use | 1170 metres of new combined footway/cycleway with equestrian use as shown between point 1/7 on Sheet 1, points 2/8 and 2/6 on Sheet 2 and point 1/8 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed footpath | 124 metres of new footpath running in a north eastern direction as shown between points 2/8 and 2/5 on Sheet 2 of the streets, rights of way and access plans. |
| Proposed footpath | 15 metres of new footpath between points 1/42 and 1/43 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 65 metres of combined footway/cycleway as shown between points 1/4 and 1/1 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 50 metres of combined footway/cycleway as shown between point 1/1 and 1/37 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 40m of combined footway/cycleway as shown between points 1/27 and 1/37 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 15 metres of combined footway/cycleway as shown between points 1/25 and 1/26 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 55 metres of combined footway/cycleway as shown between points 1/25 and 1/22 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 20 metres of combined footway/cycleway as shown between points 1/22 and 1/29 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 20 metres of combined footway/cycleway as shown between points 1/29 and 1/28 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 15 metres of combined footway/cycleway as shown between points 1/29 and 1/30 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway with equestrian use | 105 metres of combined footway/cycleway with equestrian use as shown between points 1/22 and 1/21 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 15 metres of combined footway/cycleway as shown between points 1/21 and 1/20 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway with equestrian use | 35 metres of combined footway/cycleway with equestrian use as shown between points 1/21 and 1/19 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway with equestrian use | 35 metres of combined footway/cycleway with equestrian use as shown between points 1/23 and 1/27 of Sheet 1 of the streets, rights of way and access plans. |
| Proposed segregated equestrian route | 15 metres of segregated equestrian route as shown between points 1/27 and 1/22 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway with equestrian use | 140 metres of combined footway/cycleway with equestrian use as shown between points 1/19 and 1/24 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 50 metres of combined footway/cycleway as shown between points 1/15 to 1/16 on Sheet 1 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway with equestrian use | 736 metres of new combined footway/cycleway with equestrian use as shown between point 3/3 and point 4/10 on Sheet 3 and 4 of the Streets, Rights of Way and Access Plan. |
| Proposed combined footway/cycleway | 205 metres of combined footway/cycleway (comprising crossing points at Mottram Moor Junction) as shown between points 4/9 to 4/19, points 4/19 to 4/3, points 4/3 to 4/22, points 4/22 to 4/4, points 4/4 to 4/23 and points 4/23 to 4/5, points 4/5 to 4/9 on Sheet 4 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 100 metres of combined footway/cycleway, as shown between points 4/8 and 4/9 on Sheet 4 of the streets, rights of way and access plans. |
| Proposed footway | 20 metres of footway as shown between points 4/28 and 4/29 on Sheet 4 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 200 metres of combined footway/cycleway, as shown between points 4/19 and 4/20 on Sheet 4 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 150 metres of combined footway/cycleway, as shown between points 4/21 and 4/22 on Sheet 4 of the streets, rights of way and access plans. |
| Proposed combined footway/cycleway | 150 metres of combined footway/cycleway as shown between point 4/17 on Sheet 4 and point 8/10 on Sheet 8 of the streets, rights of way and access plans. |
| Proposed footway | 15 metres of footway/crossing as shown between points 6/14 and 6/15 on Sheet 6 of the streets, rights of way and access plans. |
| Proposed footway | 7.5 metres of footway as shown between points 6/16 and 6/17 on Sheet 6 of the streets, rights of way and access plans. |
| Proposed footpath | 425 metres of footpath as shown between points 6/3 and 6/5 on Sheet 6 of the streets, rights of way and access plans. |
| Proposed footpath | 85 metres of footpath as shown between point 4/18 on Sheet 4 and point 8/11 on Sheet 8 of the streets, rights of way and access plans. |
| Proposed footway | 60 metres of footway as shown between points 8/9 and 8/10 on Sheet 8 of the streets, rights of way and access plans. |
| Proposed/diverted footway | 100 metres of proposed/diverted footway as shown between points 8/4 and 4/7 on Sheets 4 and 8 of the streets, rights of way and access plans. |
| Proposed footway | 60 metres of footway as shown between points 8/5 and 8/6 on Sheet 8 of the streets, rights of way and access plans. |
| Proposed footpath | 10 metres of footpath as shown between points 2/1 and 2/2 on Sheet 2 of the streets, rights of way and access plans. |
| Proposed footpath | 20 metres of footpath as shown between points 2/6 and 2/7 on Sheet 2 on the streets, rights of way and access plans. |
PART 9 — PRIVATE MEANS OF ACCESS
As shown on Sheets 1 and 2 of the works plans, the extent of Work No. 7(i) and 7(ii)
SCHEDULE 4 — PERMANENT STOPPING UP AND ALTERATION OF HIGHWAYS, STREETS AND PRIVATE MEANS OF ACCESS
PART 1 — PUBLIC RIGHTS OF WAY AND HIGHWAYS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
| (1) Public right of way or highway to be stopped up | (2) Extent of stopping up | (3) New highway to be substituted/provided |
|---|---|---|
| Footpath LON/90/100 | For a distance of 60 metres between points 6/4 and 6/5 as shown on Sheet 6 of the streets, rights of way and access plans | New footpath heading south east from points 6/3 to 6/1 on Sheet 6 of the streets, rights of way and access plans. |
| Footpath LON/88/60 | For a distance of 210 metres between point 9/2 on Sheet 9 and point 5/2 on Sheet 5 of the streets, rights of way and access plans | New footpath from point 9/2 on Sheet 9 to point 5/2 on Sheet 5 of the streets, rights of way and access plans. |
| Footpath LON/87/10 | For a distance of 160 metres between points 4/14 on Sheet 4 and point 8/11 on Sheet 8 of the streets, rights of way and access plans | Proposed footpath will connect directly onto the new A57 Link Roads ‘Mottram Moor Junctions’ footway (south west corner) via points 4/19, 4/a and 4/18 to point 8/11. |
| Footpath LON/52/10 | For a distance of 230 metres between points 2/5 and 2/4 on Sheet 2 of the streets, rights of way and access plans | New footpath connection from points 2/5 to 2/8, new combined footway/cycleway with equestrian use between points 2/8 and 2/6 and new footpath between points 2/6 and 2/4 on Sheet 2 of the streets, rights of way and access plans. |
| Footpath LON/51/20 | For a distance of 100 metres between points 2/3 and 2/4 on Sheet 2 of the streets, rights of way and access plans | New combined footway/cycleway with equestrian use connecting points 2/3 to 2/6 and new footpath between points 2/6 and 2/4 on Sheet 2 of the streets, rights of way and access plans. |
| Footpath LON/50/10 | For a distance of 160 metres between points 1/42 and 1/44 on Sheet 1 of the streets, rights of way and access plans | New footpath link provided to new combined footway/cycleway with equestrian use between points 1/42 and 1/43. The new combined footway/cycleway with equestrian use will connect points 1/43 and 1/7, a diversion will then use the new combined footway/cycleway provision at the M67 Junction 4, leaving at point 1/19 and then using the existing footway to reach point 1/8 of the new combined footway/cycleway with equestrian use, which then links back to point 1/44. An alternative is to travel along the new bridleway between points 1/43 and 2/8 using the proposed Old Mill underpass and travelling past points 2/6 to 1/44. |
| Footpath LON/52/20 | For a distance of 380 metres between points 1/45 on Sheet 1 and point 2/4 on Sheet 2 of the streets, rights of way and access plans | New footpath link provided between points 2/7 and 2/6 with the new combined footway/cycleway with equestrian use connecting point 2/6 on Sheet 2, point 1/44 on Sheet 1 and point 1/8 on Sheet 1 of the streets, rights of way and access plans. |
| Footway along north eastern corner of the M67 Junction 4 roundabout | For a distance of 135 metres between points 1/4 and 1/19 on Sheet 1 of the streets, rights of way and access plans | New combined footway/cycleway from point 1/4 to 1/1 to 1/26 to 1/25 to 1/24 to 1/23 to 1/21 and 1/19 on Sheet 1 of the streets, rights of way and access plans. |
| Footway/Shared User Path/crossing along the southern edge of the M67 Junction 4 roundabout | For a distance of 49 metres between points 1/17 and 1/16 on Sheet 1 of the streets, rights of way and access plans | New combined footway/cycleway from points 1/15 to 1/14 on Sheet 1 of the streets, rights of way and access plans. |
| Footway/Shared User Path/crossing along the western edge of the M67 Junction 4 roundabout | For a distance of 52 metres between points 1/38 and 1/37 on Sheet 1 of the streets, rights of way and access plans | New combined footway/cycleway from points 1/1 to 1/27 on Sheet 1 of the streets, rights of way and access plans. |
| Footway/crossing | For a distance of 25 metres between points 1/6 and 1/19 on Sheet 1 of the Street, Rights of Way and Access Plans | New combined footway/cycleway from point 1/20 to 1/21 to 1/19 on Sheet 1 of the streets, rights of way and access plans. |
| Footway/crossing | For a distance of 340 metres between point 4/15 on Sheet 4 and point 8/10 on Sheet 8 of the streets, rights of way and access plans | New combined footway/cycleway from point 4/21 to 4/22 to 4/23 on Sheet 4 of the streets, rights of way and access plans and new combined footway/cycleway with equestrian use from points 4/23 to 4/17 and then on combined footway cycleway from point 4/17 to point 8/10 on Sheet 8 of the streets, rights of way and access plans. |
| Footway/crossing | For a distance of 45 metres between points 4/13 to 4/12 on Sheet 4 of the streets, rights of way and access plans | New combined footway/cycleway from points 4/19 to point 4/9 on the streets, rights of way and access plans. |
PART 2 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
| (1) Private means of access to be stopped up | (2) Extent of stopping up | (3) New private means of access to be substituted |
|---|---|---|
| Carrhouse Lane | For a distance of 70 metres shown between points 5/3 and 5/4 on Sheet 5 on the Streets, Rights of Way and Access Plan | Work No. 23 |
| Informal field access off Edge Lane | Vehicular access point 2/4 on Sheet 2 on the Streets, Rights of Way and Access Plan | Work No. 7(v) |
| Existing maintenance track (multi user) | For a distance of 60 metres shown between points 6/4 and 6/5 on Sheet 6 on the Streets, Rights of Way and Access Plan. | Work No. 25(i), 25(iii) |
| Field access | Vehicular track access point close to point 1/9 on Sheet 1 on the Streets, Rights of Way and Access Plan | Work number 7(i) |
PART 3 — ALTERATIONS TO PRIVATE MEANS OF ACCESS
| (1) Private means of access to be altered | (2) Extent of alteration |
|---|---|
| Realignment of existing private maintenance access to an electricity pylon from southern point of Edge Lane/ northern access of the M67 Junction 4 | As shown on Sheet 1 of the works plans, the extent of Work No. 7(i) |
| Realignment of existing private means of access into agricultural fields | As shown on Sheets 1 and 2 of the works plans, the extent of Work No. 7(i), 7(ii), 7(iii), 7(iv), 7(v), 9(i) and 9(ii) |
| Realignment of existing private means of access into agricultural fields and current Showground | As shown on Sheet 3 of the works plans, the extent of Work No. 11(i) and 11(ii) |
| Realignment of existing private means of access into agricultural fields | As shown on Sheet 5 of the works plans, the extent of Work No. 24 |
| Realignment of existing private means of access to Tara Brook Farm | As shown on Sheet 6 of the works plans, the extent of Work No. 25(iii) |
| Realignment of existing private means of access to Hope Farm to be created within farmer’s own land | As shown on the Sheet 6 of the works plans, the extent of Work No. 25(iv) |
| Provision of gated field access to land west of the River Etherow | As shown on Sheet 6 of the works plans the extent of Work No. 30(i) |
| Realignment of private means of access to Carrhouse Farm to be created | As shown on Sheet 5 and 6 of the works plans the extent of Work No. 56 |
SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
| (1) Plot Reference Number shown on Land Plans | (2) Purpose for which rights over land may be acquired | (3) Relevant part of the authorised development |
|---|---|---|
| Land Plans – Sheet 1 | Land Plans – Sheet 1 | Land Plans – Sheet 1 |
| 1/6c | Required for access to culvert for structural inspections and maintenance | Work No. 36 |
| 1/9a | Required for access to culvert for structural inspections and maintenance | Work No. 36 |
| 1/9b | Required for maintenance and access to existing water distribution main and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 60 |
| Land Plans – Sheet 2 | Land Plans – Sheet 2 | Land Plans – Sheet 2 |
| 2/1a | Required for maintenance and access to existing water distribution main and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 60 |
| 2/1g | Required to create access and egress points serving land situated south of Edge Lane, access to culvert for structural inspections and maintenance, and the establishment of environmental mitigation and enhancement | Work Nos. 9, 36, 49 |
| 2/1i | Required for access to culvert for structural inspections and maintenance, and the establishment of environmental mitigation and enhancement | Work Nos. 36, 50 |
| Land Plans – Sheet 3 | Land Plans – Sheet 3 | Land Plans – Sheet 3 |
| 3/3c | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
| Land Plans – Sheet 4 | Land Plans – Sheet 4 | Land Plans – Sheet 4 |
| 4/3b | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
| 4/4m | Required to allow access for maintenance of pond | Work No. 20 |
| 4/12a | Required for access to culvert for structural inspections and maintenance | Work No. 36 |
| 4/13b | Required for access to culvert for structural inspections and maintenance | Work No. 36 |
| 4/13g | Required for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 59 |
| 4/13j | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
| 4/21 | Required to allow access for maintenance of pond | Work No. 20 |
| 4/22a | Required for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 59 |
| Land Plans – Sheet 5 | Land Plans – Sheet 5 | Land Plans – Sheet 5 |
| 5/1b | Required for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 63 |
| 5/1f | Required for construction of realigned Carrhouse Lane and for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work Nos. 34, 63 |
| 5/1i | Required for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 63 |
| 5/1j | Required for use of the realigned Carrhouse Lane | Work No. 23 |
| 5/4 | Required for maintenance and access to utilities and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 63 |
| 5/7d | Required for use of the realigned Carrhouse Lane | Work No. 23 |
| 5/7f | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
| 5/9d | Required for the establishment of environmental mitigation and enhancement and for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work Nos. 50, 64 |
| Land Plans – Sheet 6 | Land Plans – Sheet 6 | Land Plans – Sheet 6 |
| 6/1b | Required for the establishment of environmental mitigation and enhancement and for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work Nos. 50, 64 |
| 6/1d | Required for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 65 |
| 6/1f | Required for the establishment of environmental mitigation and enhancement including for flood storage | Work Nos. 50. 55 |
| 6/2a | Required for the establishment of environmental mitigation and enhancement including for flood storage, plus maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work Nos. 50, 55, 65 |
| 6/2d | Required to facilitate a new access to Tara Brook Farm | Work No. 25 |
| 6/2i | Required for the establishment of flood storage | Work No. 55 |
| 6/2j | Required for structures to facilitate the proposed River Etherow Bridge | Work Nos. 35, 50 |
| 6/2l | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
| 6/2n | Required for the establishment of flood storage | Work No. 55 |
| 6/3b | Required for maintenance and access to utilities equipment and to include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult | Work No. 65 |
| Land Plans – Sheet 7 | Land Plans – Sheet 7 | Land Plans – Sheet 7 |
| 7/1d | Required for the establishment of environmental mitigation and enhancement | Work No. 50 |
| Land Plans – Sheet 8 | Land Plans – Sheet 8 | Land Plans – Sheet 8 |
| 8/6 | Rights required to undertake and maintain works associated with the detrunking of the existing A57(T) between the M67 Junction 4 and Mottram Moor Junction including associated traffic calming measures and signage | Work No. 51 |
| 8/8c | Required for the establishment of environmental mitigation and enhancement and a new footpath between Mottram Moor Junction and existing LON 87/10 | Work Nos. 21, 49, 50 |
| Land Plans – Sheet 9 | Land Plans – Sheet 9 | Land Plans – Sheet 9 |
| 9/3 | Rights are required for Tameside MBC for maintenance and structural inspections of the underpass at Carrhouse Lane | Work No. 34 |
| 9/5 | Rights are required for Tameside MBC for maintenance and structural inspections of the underpass at Carrhouse Lane | Work No. 34 |
| 9/7c | Rights are required for Tameside MBC for maintenance and structural inspections of the underpass at Carrhouse Lane | Work No. 34 |
| 9/9c | Rights are required for Tameside MBC for maintenance and structural inspections of the underpass at Carrhouse Lane | Work No. 34 |
SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
Compensation enactments
1
The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply in respect of compensation 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) (relevant valuation date) of the 1961 Act, substitute—
(5A) If— (a) the acquiring authority enters on land for the purposes 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 6 to the A57 Link Roads Development Consent Order 2022 (“the A57 Link Roads Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the A57 Link Roads 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 when it entered on that land for the purpose of exercising that right.
3
- (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 197386 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 27 (modification of part 1 the 1965 Act)) to the acquisition of land under article 22 (compulsory acquisition of land), applies to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 25 (compulsory acquisition of rights and restrictive covenants)—
- (a) with the modifications specified in paragraph 5; and
- (b) with such other modifications as may be necessary.
5
- (1) The modifications referred to in paragraph 4(a) are as follows.
- (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—
- (a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or
- (b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.
- (3) For section 7 (measure of compensation in the case of severance) of the 1965 Act substitute—
(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the Special Act.
- (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—
- (a) section 9(4) (failure by owners to convey);
- (b) paragraph 10(3) of Schedule 1 (owners under incapacity);
- (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
- (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),
are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.
- (5) Section 1187 (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 22), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A88 (powers of entry; further notices of entry), 11B89 (counter-notice requiring possession to be taken on specified date), 1290 (penalty for unauthorised entry) and 1391 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.
- (6) Section 2092 (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.
- (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 27(4) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.
- (8) For Schedule 2A of the 1965 Act substitute—
SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 28 (application of the 1981 Act) of the A57 Link Roads Development Consent Order 2022 in respect of the land to which the notice to treat relates. (2) But see article 29 (acquisition of subsoil and airspace only) of the A57 Link Roads Development Consent Order 2022 which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of its decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (15) Any dispute as to the compensation is to be determined by the Upper Tribunal.
SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
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