Legalize / United Kingdom / Statutory-Instrument

The A417 Missing Link Development Consent Order 2022

Type Statutory-Instrument

Publication 2022-11-16

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(8) Any dispute as to a person’s entitlement to compensation under paragraph (7), 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.

(9) 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 (7).

(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 13[^f00083] (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) 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

36

(1) Subject to the provisions of article 27(3) (compulsory acquisition of rights and restrictive covenants), Schedule 8 (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 of the 1991 Act; and

(b) article 37 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

37

(1) Where a street is stopped up under article 16 (permanent stopping up and restriction of use of 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 16 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 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 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—

“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 2003[^f00084].

Recovery of costs of new connections

38

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 36 (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 36, 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 37 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this paragraph—

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

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

Special category land

39

(1) The common land must not vest in the undertaker and the undertaker must not take possession of the common land until the Secretary of State has certified that a satisfactory scheme for the provision of the replacement land and a satisfactory timetable for the implementation of that scheme has been received from the undertaker.

(2) On the requirements of paragraph (1) being satisfied, the undertaker may take possession of the common land in accordance with the scheme.

(3) When the undertaker takes possession of the common land, the common land shall vest in the undertaker and be discharged from all rights, trusts and incidents to which it was previously subject.

(4) On the date on which the replacement land is laid out and provided in accordance with the scheme at paragraph (1), the replacement land is to vest in the person(s) in whom the common land was vested immediately before it was vested in the undertaker and is to be subject to the same rights, trusts and incidents as attached to the common land.

(5) As soon as reasonably practicable after paragraph (4) takes effect, the undertaker must apply under section 14 (statutory dispositions) of the Commons Act 2006[^f00085] and paragraph 8 of Schedule 4 (applications pursuant to section 14: statutory dispositions) to the Commons Registration (England) Regulations 2014[^f00086] to amend the relevant register of common land accordingly.

(6) In this article—

“the common land” means the land numbered 2/13, 2/13a, 3/1n, 3/9b, 3/11b, 3/12, 3/12a, 3/12c, 3/12d and 3/12e in the book of reference and on the land plans and forming part of registered common land which may be acquired compulsorily under this Order;

“the replacement land” means the land identified as such and numbered 2/1n, 2/1q, 2/1r, 3/1p, and 3/1s in the book of reference and on the land plans.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

40

(1) The undertaker may fell or lop any tree or shrub, or cut back its roots, within or overhanging land within the Order limits 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) pay compensation to any person for any loss or damage arising from such activity; and

(c) take steps to avoid a breach of the provisions of the Wildlife and Countryside Act 1981[^f00087] and the Conservation of Habitats and Species Regulations 2017[^f00088] or any successor acts and regulations.

(3) The authority given by paragraph (1) constitutes a deemed consent under a 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.

(5) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow within the Order limits that is required to be removed.

(6) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997[^f00089] and includes important hedgerows.

Removal of human remains

41

(1) In this article “the specified land” means the land within the Order limits.

(2) Before the undertaker carries out any development or works which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

(3) Before any such remains are removed from the specified land the undertaker must give notice of the intended removal describing the specified land and stating the general effect of the following provisions of this article by—

(a) publishing a notice for two successive weeks in a newspaper circulating in the area of the authorised development; and

(b) displaying a notice in a conspicuous place on or near to the specified land.

(4) As soon as reasonably practicable after the first publication of a notice under paragraph (3) the undertaker must send a copy of the notice to the relevant planning authority.

(5) At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

(b) removed to, and cremated in, any crematorium,

and that person must, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

(7) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question must be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

(8) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article.

(9) If—

(a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or

(b) such notice is given and no application is made under paragraph (7) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or

(c) within 56 days after any order is made by the county court under paragraph (7) any person, other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

then subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves are to be re-interred in individual containers which are to be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

(11) On the re-interment or cremation of any remains under this article—

(a) a certificate of re-interment or cremation is to be sent to the Registrar General by the undertaker giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) must be sent by the undertaker to the relevant planning authority.

(12) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State.

(13) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

(14) Section 25 of the Burial Act 1857[^f00090] (offence of removal of body from burial ground) does not apply to a removal carried out in accordance with this article.

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

42

(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.

Operational land for purposes of the 1990 Act

43

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) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

44

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00091] in relation to a nuisance falling within paragraph (d), (fb), (g) or (ga) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00092] 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 1974[^f00093]; or

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

(iii) 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.

Protective provisions

45

Schedule 8 (protective provisions) has effect.

Certification of plans etc.

46

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of each of the plans and documents set out in Schedule 9 (documents to be certified) for certification that they are true copies of the plans and documents referred to in this Order.

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

Service of notices

47

(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 1978[^f00094] 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 is to 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 is final and takes 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

48

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 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 areas of Gloucestershire County Council, Cotswold District Council and Tewkesbury Borough Council.

The authorised development is a nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 22 (highways) of the 2008 Act [^f00095] and associated development as defined in section 115(2)[^f00096] (development for which development consent may be granted) of the 2008 Act, comprising—

Work No. 1 – the construction of a new A417 dual carriageway road approximately 5.5 kilometres in length at the location shown on sheets 1, 2, 4, 5 and 6 of the works plans. To include—

(a) the construction of drainage attenuation basin no. 2 with associated drainage facilities, access and landscaping at the location shown on sheet 1 of the works plans;

(b) construction compound no. 1 of approximately 34,660 square metres at the location shown on sheet 1 of the works plans;

(d) the construction of 2 public laybys on the eastbound carriageway of the new A417 and 2 public laybys on the westbound carriageway of the new A417 at the locations shown on sheets 1 and 5 of the works plans;

(e) the construction of drainage culverts at the locations shown on sheets 1, 4 and 5 of the works plans;

(f) the construction of an open channel (Crickley Hill stream) with associated drainage facilities, access and landscaping at the location shown on sheet 1 of the works plans;

(g) the realignment of the existing Dog Lane at the location shown on sheet 1 of the works plans;

(h) the construction of a new connecting bridleway track (Cold Slad bridleway) between Dog Lane and the new Cold Slad Lane connecting road as shown on sheets 1 and 2 of the works plans;

(i) the construction of a bat underpass (Crickley Hill bat underpass) at the location shown on sheet 1 of the works plans;

(j) the construction of drainage attenuation basin no. 3c with associated drainage facilities, access and landscaping at the location shown on sheet 2 of the works plans;

(k) the construction of a new local connecting road (Cold Slad Lane) between the existing U41140 and the new Ullenwood junction as shown on sheet 2 of the works plans;

(l) the provision for a new private means of access at Grove Farm at the location shown on sheet 2 of the works plans;

(m) construction of a new underpass (Grove Farm underpass) at the location shown on sheet 2 of the works plans for the new private means of access at Grove Farm;

(n) the demolition of Woodside House at the location on sheet 2 of the works plans;

(o) the demolition of The Air Balloon Public House at the location shown on sheet 2 of the works plans;

(p) the construction of drainage attenuation basin no. 3a with associated drainage facilities, access and landscaping at the location shown on sheet 2 of the works plans;

(q) construction compound no.2 of approximately 40,840 square metres at the location shown on sheet 2 of the works plans.

(r) the construction of mammal culverts at the locations shown on sheets 4 and 5 of the works plans;

(s) the construction of drainage attenuation basin no. 9 with associated drainage facilities, access and landscaping at the location shown on sheet 5 of the works plans;

(t) the construction of drainage attenuation basin no. 10 with associated drainage facilities, access and landscaping at the location shown on sheet 5 of the works plans;

(u) construction compound no. 3 of approximately 73,250 square metres at the location shown on sheet 6 of the works plans;

(v) the demolition of Crickley Hill Tractors at the location on sheet 2 of the works plans;

(w) the demolition of Pinewood at the location on sheet 2 of the works plans;

(x) the construction of a new access track at the location shown on sheet 1 of the works plans for the new private means of access at Alexander and Angell Ltd’s premises and Flyup 417 Bike Park;

(y) the construction of a new access track at the location shown on sheet 1 of the works plans for the new private means of access for the residential property at Flyup 417 Bike Park.

Work No. 2 – the construction of an overbridge (Cotswold Way Crossing) for walking, cycling and horse riding over the main carriageway of the new A417 at the location shown on sheet 2 of the works plans.

Work No. 3 – works to de-trunk the existing A417 from the existing Air Balloon roundabout to the existing Cowley roundabout at the location shown on sheets 2, 3, 5 and 6 of the works plans. To include—

(a) the partial demolition of the existing A417 carriageway with 3m of road surface retained and the replacement of the demolished section of carriageway with a 2m surface for non-motorised users as shown on sheets 2, 3, and 5 of the works plans and the creation of an access to Crickley Ridge and Emma’s Grove;

(b) creation of an unclassified road to access the new car park from the unclassified road leading to Stockwell Farm as shown on sheet 5 of the works plans;

(d) the narrowing of the carriageway between Cowley roundabout and Stockwell junction as shown on sheets 5 and 6 of the works plans;

(e) the creation of a new car park as shown on sheet 5 of the works plans;

(f) the widening of an existing track connecting Barrow Wake car park to existing A417 and provision of a restricted byway as shown on sheets 2 and 3 of the works plans;

(g) provision of replacement common land as shown on sheets 2 and 3 of the works plans.

Work No. 4 – the realignment of the existing A436 and a new connecting local road (A436 link road) from the Ullenwood junction to Shab Hill junction shown on sheet 2 and sheet 4 of the works plans. To include—

(a) the construction of Ullenwood junction at the location shown on sheet 2 of the works plans;

(b) the demolition of the Air Balloon roundabout at the location shown on sheet 2 of the works plans;

(d) the construction of a new connecting local road (A436 link road) between the new Ullenwood junction and Shab Hill junction shown on sheet 2 and sheet 4 of the work plans;

(e) the realignment of the existing A436 from the new Ullenwood junction at the location shown on sheet 2 of the works plans;

(f) the construction of drainage attenuation basins nos. 5a, 5b and 5c with associated drainage facilities, access and landscaping at the location shown on sheet 2 of the works plans.

Work No. 5 – the construction of a multi-purpose crossing (Gloucestershire Way Crossing) to include essential ecological mitigation and with provision for walking, cycling and horse riding over the main carriageway of the new A417 and the new A436 link road at the location shown on sheet 2 of the works plans.

Work No. 6 – the construction of a connecting local road between Shab Hill junction and B4070 at Birdlip as shown on sheet 3 and 4 of the works plans. To include—

(a) the construction of a new roundabout (Barrow Wake roundabout) at the junction of the unclassified road 47282 at Barrow Wake and the unclassified road 50852 at the location shown on sheet 3 of the works plans;

(b) the length of carriageway (B4070 Birdlip Road) between the new Barrow Wake roundabout to the junction of the B4070 at the location shown on sheet 3 of the works plans;

(c) the construction of a new carriageway (B4070 Barrow Wake Road) between the new Barrow Wake roundabout to the new Shab Hill junction at the location shown on sheet 3 and 4 of the works plans;

(d) the construction of a mammal culvert at the location shown on sheet 4 of the works plans;

(e) the construction of new carriageway (Birdlip Radio Station Lane) northwest of the new Shab Hill roundabout to its junction with the unclassified road U50852 at the location shown on sheet 4 of the works plans;

(f) the construction of a new carriageway (Shab Hill Farm access) south west of the new Shab Hill roundabout to its junction with the unclassified road U50853 at Shab Hill Farm at the location shown on sheet 4 of the works plans.

Work No. 7 – the construction of a new grade separated dumbbell junction at Shab Hill (Shab Hill junction) shown on sheets 2 and 4 of the works plans. To include—

(a) the construction of a new roundabout west of the main carriageway of the new A417 at the location shown on sheet 4 of the works plans;

(b) the construction of a new westbound on-slip to the main carriageway of the new A417, approximately 412 metres in length at the location shown on sheet 2 and 4 of the works plans;

(c) the construction of a new westbound off-slip from the main carriageway of the new A417, approximately 371 metres in length at the location shown on sheet 4 of the works plans;

(d) the construction of drainage attenuation basin no 6 with associated drainage facilities, access and landscaping at the location shown on sheet 4 of the works plans;

(e) construction of a new link road and underbridge to connect the east and west roundabouts, at the location shown on sheet 4 of the works plans;

(f) the construction of a new eastbound off-slip from the main carriageway of the new A417, approximately 426 metres in length at the location shown on sheet 4 of the works plans;

(g) the construction of a new eastbound on-slip to the main carriageway of the new A417, approximately 424 metres in length at the location shown on sheet 4 of the works plans;

(h) the construction of a new roundabout east of the main carriageway of the new A417 at the location shown on sheet 4 of the works plans;

(i) construction of drainage attenuation basin no 7b with associated drainage facilities, access and landscaping at the location shown on sheet 4 of the works plans;

(j) construction of drainage attenuation basin no. 7a with associated drainage facilities, access and landscaping at the location shown on sheet 4 of the works plans;

(k) construction of a new unclassified road (Ullenwood Lane) connecting the eastern roundabout at Shab Hill junction to the unclassified road U50852 at the location shown on sheet 2 and 4 of the works plans;

(l) construction of drainage attenuation basin no 8 with associated drainage facilities, access and landscaping at the location shown on sheet 4 of the works plans;

Work No. 8 – the construction of a new overbridge at Cowley Lane at the location shown on sheet 5 of the works plans. To include—

(a) the construction of a realignment of the Unclassified Road U40859 (known as Cowley Lane) approximately 650 metres in length at the location shown on sheet 5 of the works plans;

(b) the construction of an overbridge at Cowley Lane at the location shown on sheet 5 of the works plans;

(c) The construction of stepped access between the unclassified road and the Cowley Overbridge at the location shown on sheet 5 of the works plans;

(d) The construction of stepped access between the proposed diverted Public Right of Way and the Cowley Overbridge at the location shown on sheet 5 of the works plans.

Work No. 9 – the construction of a new overbridge at Stockwell Farm at the location shown on sheet 5 of the works plans. To include—

(a) the construction of a private means of access to Stockwell Farm at the location shown on sheet 5 of the works plans;

(b) the construction of a new overbridge over the main carriageway of the new A417 at the location shown on sheet 5 of the works plans;

Work No. 10 - the construction of a new at grade junction at Cowley at the location shown on sheet 6 of the works plans. To include—

(a) the construction of a new roundabout connecting westbound slips onto the local network at the location shown on sheet 6 of the works plans;

(b) the construction of a realignment of the existing A417 (Ermine Way) connecting to the new roundabout, approximately 52 metres in length at the location shown on sheet 6 of the works plans;

(c) the construction of a realignment of the existing Climperwell Road connecting to the new roundabout, approximately 163 metres in length at the location shown on sheet 6 of the works plans;

(d) the construction of a westbound merge and diverge connecting roads from the main carriageway of the new A417, approximately 72 metres in length at the location shown on sheet 6 of the works plans;

(e) the construction of drainage attenuation basin no. 11a with associated drainage facilities, access and landscaping at the location shown on sheet 6 of the works plans;

(f) the closure and demolition of the existing Cowley roundabout at the location shown on sheet 6 of the works plans;

(g) the construction of drainage attenuation basin no. 11b with associated drainage facilities, access and landscaping at the location shown on sheet 6 of the works plans;

(h) the construction of drainage attenuation basin no. 11c with associated drainage facilities, access and landscaping at the location shown on sheet 6 of the works plans;

(i) the construction of an eastbound merge and diverge connecting road (Cowley junction loop) from the main carriageway of the new A417, approximately 405 metres in length at the location shown on sheet 6 of the works plans;

(j) the construction of a private means of access and restricted byway to join the stopped-up Cowley Wood Lane at the location shown on sheet 6 of the works plans.

Work No. 11 – the diversion of 223 metres of power cables at the location shown on sheet 1 of the works plans.

Work No. 12 – the diversion of 753 metres of telecoms equipment at the location shown on sheet 1 and 2 of the works plans.

Work No. 13 – the diversion of 624 metres of water pipeline at the location shown on sheets 1 and 2 of the works plans.

Work No. 14 – the diversion of 38 metres of power cables at the location shown on sheet 1 of the works plans.

Work No. 15 – the diversion of 310 metres of power cables at the location shown on sheets 1 and 2 of the works plans.

Work No. 16 – the diversion of 632 metres of power cables at the location shown on sheets 1 and 2 of the works plans.

Work No. 17 – the diversion of 583 metres of telecoms equipment at the location shown on sheet 1 and 2 of the works plans.

Work No. 18 – the diversion of 69 metres of telecoms equipment at the location shown on sheet 2 of the works plans.

Work No. 19 – the diversion of 242 metres of power cables at the location shown on sheet 2 of the works plans.

Work No. 20 – the diversion of 258 metres of power cables at the location shown on sheet 2 of the works plans.

Work No. 21 – the diversion of 47 metres of power cables at the location shown on sheet 2 of the works plans.

Work No. 22 – the diversion of 35 metres of power cables at the location shown on sheet 2 of the works plans

Work No. 23 – the diversion of 2670 metres of telecoms equipment at the location shown on sheets 2, 3 and 4 of the works plans.

Work No. 24 – the diversion of 102 metres of water pipeline at the location shown on sheet 2 of the works plans.

Work No. 25– the diversion of 1169 metres of telecoms equipment at the location shown on sheets 2 and 4 of the works plans.

Work No. 26 – the diversion of 95 metres of telecoms equipment at the location shown on sheet 2 of the works plans.

Work No. 27 – the diversion of 292 metres of telecoms equipment at the location shown on sheet 2 and 4 of the works plans.

Work No. 28 – the diversion of 393 metres of power cables at the location shown on sheets 3 and 4 of the works plans.

Work No. 29 – the diversion of 258 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 30 – the diversion of 67 metres of water pipeline at the location shown on sheet 4 of the works plans.

Work No. 31 – the diversion of 142 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 32 – the diversion of 383 metres of power cables at the location shown on sheet 5 of the works plans.

Work No. 33 – the diversion of 670 metres of telecoms equipment at the location shown on sheet 5 of the works plans.

Work No. 34 – the diversion of 925 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 35 – the diversion of 862 metres of water pipeline at the location shown on sheet 6 of the works plans.

Work No. 36 – the diversion of 311 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

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

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

(b) the strengthening, alteration or demolition of any structure;

(d) embankments, abutments, shafts, foundations, retaining walls, barriers, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts;

(e) works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, pipes, cables and ducts;

(f) works to alter the course of or otherwise interfere with a watercourse, including private water supplies;

(g) landscaping, noise bunds and barriers, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

(i) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures); earthworks (including soil stripping and storage, site levelling); remediation of contamination;

(j) the felling of trees;

(k) working sites, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences; and

(l) 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.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

“County Archaeologist” means the individual nominated or appointed as such by the relevant planning authority;

“DAMS and OWSI” means the document of that description listed in Schedule 9 (documents to be certified) and certified by the Secretary of State as the Detailed Archaeological Mitigation Strategy and the Overarching Written Schemes of Investigation for the purposes of this Order;

“Design Summary Report” means document of that description listed in Schedule 9 (documents to be certified) and certified by the Secretary of State as the Design Summary Report for the purposes of this Order;

“Ecological Clerk of Works” means the individual appointed as such by the undertaker;

“EMP (construction stage)” means the construction stage environmental management plan to be submitted and approved under requirement 3 of this Schedule;

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

“Historic England” means the Historic Buildings and Monuments Commission for England established under the National Heritage Act 1983(b), the functions of which include acting as a statutory consultee and advising the government on the historic environment, including advice to the Department of Digital, Culture, Media and Sport;

“LEMP” means the landscape and ecological management plan;

“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;

“protected species” means species which are subject to protection under the laws of England or which are European protected species;

“structures engineering drawings and sections” means the document of that description listed in Schedule 9 (documents to be certified) and certified by the Secretary of State as the structures engineering drawings and sections for the purposes of this Order.

Time limits

2

The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Environmental Management Plan (Construction Stage)

3

(1) No part of the authorised development is to commence until a EMP (construction stage) for that part has been prepared in consultation with the relevant planning authority, the local highway authority and Natural England and submitted to and approved in writing by the Secretary of State.

(2) The EMP (construction stage) must—

(a) be substantially in accordance with the environmental management plan (design stage) certified under article 46 (certification of plans etc.);

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

(c) incorporate the measures referred to in the environmental statement as being incorporated in the EMP (construction stage);

(d) require adherence to working hours of 07:30 to 18:00 on Mondays to Friday and 08:00 to 13:00 on Saturdays, Sundays and public holidays, except for—

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

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

(iii) junction tie-in works;

(iv) removal of overhead power lines;

(v) overnight traffic management measures;

(vi) cases of emergency;

(vii) any works for which different working hours have been agreed with parties who will or may be affected by those works and recorded in the approved EMP (construction stage), in which case the EMP (construction stage) must require adherence to those working hours; and

(viii) as otherwise agreed by the relevant planning authority in advance;

(e) include the following management plans—

(i) Construction Traffic Management Plan;

(ii) LEMP;

(iii) Materials Management Plan;

(iv) Public Rights of Way Management Plan; and

(v) Ground and Surface Water Management Plan.

(3) The authorised development must be constructed in accordance with the approved EMP (construction stage).

(4) Upon completion of construction of the authorised development the EMP (construction stage) must be converted into the EMP (end of construction stage). The EMP (end of construction phase) must be submitted to the Secretary of State for approval within 28 days of the opening of the authorised development for public use.

(5) The authorised development must be operated and maintained in accordance with the EMP (end of construction stage) approved under sub-paragraph (4).

Details of consultation

4

(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 details submitted 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.

Landscaping

5

(1) No part of the authorised development is to commence until a written landscaping scheme for that part has been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority, the local highway authority and Natural England.

(2) No part of the authorised development, including vegetation clearance, is to commence until an arboricultural walkover survey and tree survey for that part, taking due regard to the guidance in British Standard 5837:2012, have been undertaken to identify any significant constraints posed by trees.

(3) The landscaping scheme prepared under sub-paragraph (1) must be based on the environmental masterplan and the results of the surveys undertaken under sub-paragraph (2).

(4) The landscaping scheme prepared under sub-paragraph (1) must include details of hard and soft landscaping works, including—

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

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

(d) hard surfacing materials;

(e) details of existing trees to be retained, with measures for their protection during the construction period; and

(f) implementation timetables for all landscaping works.

Implementation and maintenance of landscaping

6

(1) All landscaping works must be carried out in accordance with the landscaping scheme approved under requirement 5.

(2) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice, and in accordance with the LEMP approved as part of the EMP (construction stage) and EMP (end of construction stage) under requirement 3.

(3) 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.

Fencing

7

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with 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.

Land and groundwater contamination

8

(1) No part of the authorised development is to commence until a contamination risk assessment in respect of controlled waters has been produced for that part which is to include details of—

(a) any existing sources of contamination within the Order limits that may be affected by the carrying out of the authorised development;

(b) any reasonably required protective measures to ensure that the carrying out of the authorised development does not make worse any adverse conditions or risks associated with such existing sources of contamination; and

(c) appropriate remediation strategies and mitigation measures to address any historic contamination which is shown to be having significant, unacceptable effects on the environment within the context of the proposed works,

and the assessment has been submitted to and approved by the Secretary of State following consultation with the Environment Agency.

(2) The steps and measures that are identified as necessary for the purposes of carrying out the authorised development in the assessment referred to in sub-paragraph (1) must be implemented as part of the authorised development.

(3) In the event that contaminated material, including impacted groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, the undertaker must cease construction of the authorised development in the vicinity of that contamination and must report it immediately in writing to the Secretary of State, the Environment Agency and the relevant planning authority, and in agreement with the Environment Agency and the relevant planning authority undertake a risk assessment of the contamination, and sub-paragraphs (4) and (5) will apply.

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

(5) Remedial measures must be carried out in accordance with the approved scheme.

Archaeology

9

(1) No part of the authorised development is to commence until for that part a site-specific written scheme of investigation for each area and each phase (evaluation or detailed excavation or watching brief), has been prepared in accordance with the DAMS and OWSI in consultation with the relevant planning authority and the local highway authority, agreed with the County Archaeologist in consultation with Historic England and submitted to and approved in writing by the Secretary of State.

(2) The authorised development must be carried out in accordance with the DAMS and OWSI and site-specific written schemes of investigation referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State.

(3) A programme of archaeological reporting, post excavation and publication required as part of the DAMS and OWSI and site –specific written schemes of investigation referred to in sub-paragraph (1) must be agreed with the County Archaeologist in consultation with Historic England and implemented within a timescale agreed with the County Archaeologist and the report deposited with the Historic Environment Record of the relevant planning authority within two years of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority.

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be—

(a) retained in situ and reported to the County Archaeologist as soon as reasonably practicable; and

(b) subject to appropriate mitigation as set out in the DAMS and OWSI and mitigation agreed with the County Archaeologist.

(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 the remains are reported to the County Archaeologist under sub-paragraph (4) unless otherwise agreed in writing by the Secretary of State.

(6) Prior to commencement of the authorised development, suitable resources and provisions for long term storage of the archaeological archive must be agreed with the County Archaeologist.

Protected species

10

(1) In the event that any protected species which were not previously identified in the environmental statement or nesting birds are found at any time when carrying out the authorised development the undertaker must cease construction works near their location and report it immediately to the Ecological Clerk of Works.

(2) The undertaker must prepare a written scheme for the protection and mitigation measures for any protected species that were not previously identified in the environmental statement or nesting birds found when carrying out the authorised development. Where nesting birds are identified works should cease within 10 metres of the nest until birds have fledged and the nest is no longer in use.

(3) The undertaker must implement the written scheme prepared under sub-paragraph (2) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.

Detailed design

11

(1) The authorised development must be designed in detail and carried out so that it is compatible with—

(a) the preliminary scheme design shown on the works plans, the general arrangement plans, the engineering drawings and sections, and the structures engineering drawings and sections; and

(b) the design principles set out in the Design Summary Report,

unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and 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, the general arrangement plans, the engineering drawings and sections or the structures engineering drawings and sections showing departures from the preliminary design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

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

Surface and foul water drainage

12

(1) No part of the authorised development is to commence until written details of the surface and foul water drainage system for that part, reflecting the mitigation measures in chapter 13 (Road Drainage and the Water Environment) of the environmental statement and including means of pollution control, have 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.

(2) The drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority, the local highway authority and the Environment Agency.

Noise Mitigation

13

(1) No part of the authorised development is to commence until written details of proposed noise mitigation in respect of the use and operation of that part of the authorised development, including noise barriers and any very low noise surfacing, have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

(2) The written details referred to in sub-paragraph (1) must—

(a) reflect the mitigation measures included in the environmental statement or,

(b) where the mitigation proposed materially differs from the mitigation identified in the environmental statement, provide evidence that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement taking into account the mitigation identified in it.

(3) The noise mitigation must be constructed in accordance with the approved details referred to in sub-paragraph (1) and must be retained thereafter.

Approvals and amendments to approved details

14

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

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

15

(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including 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 requirement 16; or

(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 referred to in requirement 15 stating that, in the view of a body required to be consulted by the undertaker under the requirement in question, the subject matter of the application is likely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

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

Further information

16

(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 this 21 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 requirement 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 requirement 18 of this Schedule and in this requirement.

(4) In this requirement, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00097].

Register of requirements

17

(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

18

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

Note 1: The naming conventions used in this Schedule to describe roads, junctions and structures relate to the naming conventions used in the labels on the traffic regulation measures plans.

Note 2: References to the national speed limit in column (3) of the table in Part 5 of this Schedule are references to the maximum speed limits specified under the 1984 Act and to provision made, or deemed to have been made, under the 1984 Act.

PART 1 — TRUNK ROADS

(1) Area	(2) Length of road
Badgeworth, Cowley, Coberley Civil Parishes	A417 Trunk Road From point A on sheet 1 of the classification of roads plans to point R on sheet 6 of the classification of roads plans, for a total distance of 5470 metres
Cowley Civil Parish	A417 Trunk Road westbound on-slip From point B on sheet 2 of the classification of roads plans to point C on sheet 4 of the classification of roads plans, for a total distance of 408 metres
Cowley Civil Parish	A417 Trunk Road westbound off-slip From point D on sheet 4 of the classification of roads plans to point E on sheet 4 of the classification of roads plans, for a total distance of 371 metres
Cowley Civil Parish	A417 Trunk Road eastbound off-slip From point F on sheet 4 of the classification of roads plans to point G on sheet 4 of the classification of roads plans, for a total distance of 425 metres
Cowley Civil Parish	A417 Trunk Road eastbound on-slip From point H on sheet 4 of the classification of roads plans to point I on sheet 4 of the classification of roads plans, for a total distance of 420 metres
Cowley Civil Parish	Cowley Junction West Link Road From point J on sheet 6 of the classification of roads plans to point K on sheet 6 of the classification of roads plans, for a total distance of 54 metres
Cowley Civil Parish	Cowley Junction East Link Road From point O on sheet 6 of the classification of roads plans to point Q on sheet 6 of the classification of roads plans, for a total distance of 361 metres
Cowley Civil Parish	A417 Trunk Road westbound merge From point K on sheet 6 of the classification of roads plans to point L on sheet 6 of the classification of roads plans, for a total distance of 111 metres
Cowley Civil Parish	A417 Trunk Road westbound diverge From point M on sheet 6 of the classification of roads plans to point K on sheet 6 of the classification of roads plans, for a total distance of 113 metres
Cowley Civil Parish	A417 Trunk Road eastbound diverge From point N on sheet 6 of the classification of roads plans to point O on sheet 6 of the classification of roads plans, for a total distance of 83 metres
Cowley Civil Parish	A417 Trunk Road eastbound merge From point O on sheet 6 of the classification of roads plans to point P on sheet 6 of the classification of roads plans, for a total distance of 81 metres

PART 2 — ROADS TO BE DE-TRUNKED

(1) Area	(2) Length of road
Cowley, Coberley Civil Parishes	A417 Trunk Road between point A on sheet 2 and point B on sheet 2 of the de-trunking plans, comprising 498 metres
Cowley Civil Parish	A417 Trunk Road between point C on sheet 3 and point D on sheet 3 of the de-trunking plans, comprising 962 metres
Cowley, Brimpsfield Civil Parishes	A417 Trunk Road between point E on sheet 5 and point F on sheet 5 of the de-trunking plans, comprising 1791 metres
Cowley, Brimpsfield Civil Parishes	A417 Trunk Road between point G on sheet 6 and point H on sheet 6 of the de-trunking plans, comprising 575 metres

PART 3 — CLASSIFIED ROADS

(1) Area	(2) Length of road
Coberley Civil Parish	The new roundabout (Ullenwood junction) at point 5 on sheet 2 of the classification of roads plans for a total distance of 135 metres
Coberley Civil Parish	C377 between points 6 and 10 on sheet 2 of the classification of roads plans, comprising 258 metres
Coberley Civil Parish	Realigned A436 between point 8 to point 9 on sheet 2 of the classification of roads plans for a total distance of 54 metres
Coberley Civil Parish	Local access road (A436 link road) between points 7 and 11a on sheet 2 of the classification of roads plans, comprising 847 metres
Cowley, Coberley Civil Parishes	Local access road (A436 link road) between points 11b and 31 on sheet 4 of the classification of roads plans, comprising 220 metres
Cowley Civil Parish	Realigned B4070 between points 14 and 16 on sheet 3 of the classification of roads plans, comprising 692 metres
Cowley Civil Parish	The new roundabout at point 15 on sheet 3 of the classification of roads plans for a total distance of 65 metres
Cowley Civil Parish	Local access road (B4070 Barrow Wake Road) between points 19 and 22a on sheet 3 of the classification of roads plans, comprising 378 metres
Cowley Civil Parish	Local access road (B4070 Barrow Wake Road) between points 22b and 27 on sheet 4 of the classification of roads plans, comprising 344 metres
Cowley Civil Parish	The new Shab Hill junction western roundabout at point 28 on sheet 4 of the classification of roads plans for a total distance of 103 metres
Cowley Civil Parish	Shab Hill junction link road between point 29 to point 30 on sheet 4 of the classification of roads plans, for a total distance of 197 metres
Cowley Civil Parish	The new Shab Hill junction eastern roundabout at point 33 on sheet 4 of the classification of roads plans for a total distance of 125 metres
Cowley, Brimpsfield Civil Parishes	Realigned Climperwell Road between point 41 and point 42 on sheet 6 of the classification of roads plans, for a total distance of 164 metres

PART 4 — UNCLASSIFIED ROADS

(1) Area	(2) Length of road
Badgeworth Civil Parish	Unclassified road Dog Lane between points 1 and 2 on sheet 1 of the classification of roads plans, comprising 56 metres
Badgeworth, Coberley, Cowley Civil Parishes	Unclassified road Cold Slad Lane between points 3 and 4 on sheet 2 of the classification of roads plans, comprising 722 metres
Cowley, Coberley Civil Parishes	Unclassified road between points 13 and 12a on sheet 2 of the classification of roads plans, comprising 205 metres
Cowley, Coberley Civil Parishes	Unclassified road between points 12b and 32 on sheet 4 of the classification of roads plans, comprising 235 metres
Cowley Civil Parish	Unclassified road between points 20 and 21 on sheet 3 of the classification of roads plans, comprising 58 metres
Cowley Civil Parish	Unclassified road between points 17 and 18 on sheet 3 of the classification of roads plans, comprising 38 metres
Cowley Civil Parish	Unclassified road U50853 between points 23 and 24 on sheet 4 of the classification of roads plans, comprising 115 metres
Cowley Civil Parish	Unclassified road between points 25 and 26 on sheet 4 of the classification of roads plans, comprising 73 metres
Cowley Civil Parish	Unclassified road between points 34 and 35 on sheet 5 of the classification of roads plans, comprising 18 metres
Cowley Civil Parish	Cowley Lane between point 36 to point 37 on sheet 5 of the classification of roads plans, for a total distance of 650 metres
Cowley, Brimpsfield Civil Parishes	Unclassified road between point 38 to point 39 on sheet 6 of the classification of roads plans, for a total distance of 54 metres
Cowley, Brimpsfield Civil Parishes	The new western roundabout at Cowley junction at point 40 on sheet 6 of the classification of roads plans for a total distance of 101 metres

PART 5 — SPEED LIMITS

(1) Area	(2) Road name, number and length	(3) Speed limit
Badgeworth, Cowley, Coberley Civil Parishes	A417 Trunk Road From point A on sheet 1 of the speed limits plans to point N on sheet 6 of the speed limits plans, for a total distance of 5470 metres	National speed limit for dual carriageways
Badgeworth Civil Parish	Unclassified road U41137 From point 1 to point 2 on sheet 1 of the speed limits plans, for a total distance of 56 metres	National speed limit for single carriageways
Cowley Civil Parish	A417 Trunk Road westbound on-slip From point B on sheet 2 of the speed limits plans to point C on sheet 4 of the speed limits plans, for a total distance of 414 metres	National speed limit for dual carriageways
Badgeworth, Coberley Civil Parishes	Unclassified road U41140 From point 3 to point 4 on sheet 2 of the speed limit plans, for a total distance of 726 metres	National speed limit for single carriageways
Coberley Civil Parish	The new Ullenwood junction At point 5 on sheet 2 of the speed limits plans for a total distance of 122 metres	50mph
Coberley Civil Parish	Classified Road C377 (Leckhampton Hill) From point 6 to point 10 on sheet 2 of the speed limits plans, for a total distance of 253 metres	50mph
Coberley Civil Parish	Existing A436 From point 8 to point 9 on sheet 2 of the speed limits plans, for a total distance of 54 metres	50mph
Coberley Civil Parish	The new local access road (A436 link road) From point 7 on sheet 2 of the speed limit plans to point 7a on sheet 2 of the speed limit plans for a total distance of 65 metres	50mph
Cowley, Coberley Civil Parishes	The new local access road (A436 link road) From point 7a on sheet 2 of the speed limits plans to point 11a on sheet 2 of the speed limits plans, for a total distance of 783 metres	National speed limit for single carriageways
Cowley, Coberley Civil Parishes	Local access road (to be known as Ullenwood Lane) From point 13 on sheet 2 of the speed limits plans to point 12a on sheet 2 of the speed limits plans, for a total distance of 205 metres	National speed limit for single carriageways
Cowley Civil Parish	Existing B4070 From point 14 to point 15 on sheet 3 of the speed limits plans, for a total distance of 90 metres	30mph
Cowley Civil Parish	Re-aligned B4070 (B4070 Birdlip Road) From point 16 to point 17 on sheet 3 of the speed limits plans, for a total distance of 760 metres	40mph
Cowley Civil Parish	The new roundabout (Barrow Wake roundabout) At point 18 on sheet 3 of the speed limits plans for a total distance of 65 metres	40mph
Cowley Civil Parish	The new local access road (B4070 Barrow Wake Road) From point 19 to point 22a on sheet 3 of the speed limits plans, for a total distance of 378 metres	50mph
Cowley Civil Parish	Unclassified road off the B4070 From point 20 to point 21 on sheet 3 of the speed limits plans, for a total distance of 58 metres	National speed limit for single carriageways
Cowley Coberley Civil Parishes	The new local access road (A436 Link Road) From point 11b on sheet 4 of the speed limits plans to point 31 on sheet 4 of the speed limits plans, for a total distance of 221 metres	National speed limit for single carriageways
Cowley Coberley Civil Parishes	Local access road (Ullenwood Lane) From point 12b on sheet 4 of the speed limits plans to point 33 on sheet 4 of the speed limits plans, for a total distance of 236 metres	National speed limit for single carriageways
Cowley Civil Parish	A417 Trunk Road westbound off-slip From point D on sheet 4 of the speed limits plans to point E on sheet 4 of the speed limits plans, for a total distance of 366 metres	National speed limit for dual carriageways
Cowley Civil Parish	A417 Trunk Road eastbound off-slip From point F on sheet 4 of the speed limits plans to point G on sheet 4 of the speed limits plans, for a total distance of 419 metres	National speed limit for dual carriageways
Cowley Civil Parish	A417 Trunk Road eastbound on-slip From point H on sheet 4 of the speed limits plans to point I on sheet 4 of the speed limits plans, for a total distance of 428 metres	National speed limit for dual carriageways
Cowley Civil Parish	The new local access road (B4070 Barrow Wake Road) From point 22b to point 27 on sheet 4 of the speed limits plans, for a total distance of 373 metres	50mph
Cowley Civil Parish	Unclassified road U50853 (Birdlip Radio Station Lane) From point 23 to point 24 on sheet 4 of the speed limits plans, for a total distance of 131 metres	National speed limit for single carriageways
Cowley Civil Parish	Unclassified road off the B4070 to Shab Hill Farm (Shab Hill Farm access) From point 25 to point 26 on sheet 4 of the speed limits plans, for a total distance of 74 metres	National speed limit for single carriageways
Cowley Civil Parish	The new Shab Hill junction western roundabout At point 28 on sheet 4 of the speed limits plans for a total distance of 103 metres	50mph
Cowley Civil Parish	Shab Hill junction link road From point 29 to point 30 on sheet 4 of the speed limits plans, for a total distance of 197 metres	50mph
Cowley Civil Parish	The new Shab Hill junction eastern roundabout At point 32 on sheet 4 of the speed limits plans for a total distance of 125 metres	50mph
Cowley Civil Parish	Cowley Lane realignment From point 36 to point 37 on sheet 5 of the speed limits plans, for a total distance of 651 metres	National speed limit for single carriageways
Cowley, Brimpsfield Civil Parishes	Realigned and narrowed existing A417 (to be known as Emine Way) From point 34 to point 35 on sheet 5 of the speed limits plans, for a total distance of 64 metres	40mph
Cowley Civil Parish	Cowley Junction western merge / diverge From point J on sheet 6 of the speed limits plans to point K on sheet 6 of the speed limits plans, for a total distance of 67 metres	National speed limit for single carriageways
Cowley Civil Parish	Cowley Junction eastern merge / diverge From point L on sheet 6 of the speed limits plans to point M on sheet 6 of the speed limits plans, for a total distance of 360 metres	National speed limit for single carriageways
Cowley, Brimpsfield Civil Parishes	Realigned and narrowed existing A417 (to be known as Ermine Way) From point 38 to point 39 on sheet 6 of the speed limits plans, for a total distance of 74 metres	40mph
Cowley, Brimpsfield Civil Parishes	The new western roundabout at Cowley junction At point 40 on sheet 6 of the speed limits plans for a total distance of 101 metres	National speed limit for single carriageways
Cowley, Brimpsfield Civil Parishes	Realignment of Climperwell Road From point 41 to point 42 on sheet 6 of the speed limits plans, for a total distance of 163 metres	National speed limit for single carriageways

PART 6 — TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

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