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
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(1) Location (2) Plot Reference Number shown on land plans (3) Purpose for which temporary possession may be taken (4) Relevant part of the authorised development
Land Plans – Sheet 1 Land Plans – Sheet 1 Land Plans – Sheet 1 Land Plans – Sheet 1
Badgeworth Civil Parish 1/1b Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline 1
Badgeworth Civil Parish 1/1c Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/1d Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/1e Required to inspect and good existing drainage culvert 1e
Badgeworth Civil Parish 1/1f Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline 1
Badgeworth Civil Parish 1/1g Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline 1
Badgeworth Civil Parish 1/1h Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/1k Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/1m Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/1n Required for the protection of existing vegetation 1
Badgeworth Civil Parish 1/1p Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/1q Required for the provision of and to provide working space and temporary access for works associated with the provision of planting Required to inspect and make good existing drainage culvert 1, 1e
Badgeworth Civil Parish 1/1ad Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/1ae Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline Required to inspect and make good existing drainage culvert 1, 1e
Badgeworth Civil Parish 1/ah Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline 1
Badgeworth Civil Parish 1/4 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/5 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/5a Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/5b Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/6 Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline 1
Badgeworth Civil Parish 1/7 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/8 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/9 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/10 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/10a Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/11 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/11a Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/12 Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline 1
Badgeworth Civil Parish 1/13 Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline 1
Badgeworth Civil Parish 1/13a Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/14 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/17 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/18 Required to inspect and make good existing drainage culvert 1e
Badgeworth Civil Parish 1/19 Existing WPD overhead line to be dismantled Required for the provision of and to provide working space and temporary access for works associated with the Flyup 417 Bike Park private means of access, A417 mainline and mitigation planting 11 1x
Badgeworth Civil Parish 1/19a Required for the provision of temporary car parking for Flyup 417 Bike Park Required for the provision of and to provide working space and temporary access for works associated with the Flyup 417 Bike Park private means of access and essential mitigation planting 1x
Badgeworth Civil Parish 1/19b Required for the provision of and to provide working space and temporary access for works associated with the Flyup 417 Bike Park private means of access and maintenance access for the benefit of Western Power Distribution and the undertaker 1x
Badgeworth Civil Parish 1/19f Required for the provision of and to provide working space and temporary access for works associated with the provision of the Flyup 417 Bike Park private means of access 1y
Badgeworth Civil Parish 1/19g Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline 1
Badgeworth Civil Parish 1/19h Required for the provision of and to provide working space and temporary access for works associated with the A417, Flyup 417 Bike Park private means of access and essential mitigation planting 1 1y
Badgeworth Civil Parish 1/19j Required to facilitate the stopping up of an existing public right of way 1y
Badgeworth Civil Parish 1/19k Required for the provision of and to provide working space and temporary access for the new A417, watercourse diversion and associated essential mitigation planting 1f
Badgeworth Civil Parish 1/19o Required for the provision of and to provide working space and temporary access for works associated with Flyup 417 Bike Park private means of access and essential mitigation planting 1 1x
Badgeworth Civil Parish 1/19r Required for the provision of and to provide working space and temporary access for works associated with essential mitigation planting 1
Badgeworth Civil Parish 1/19t Required for the provision of and to provide working space and temporary access for works associated with the Flyup 417 Bike Park private means of access and maintenance access for the benefit of Western Power Distribution and the undertaker 1x
Land Plans – Sheet 2 Land Plans – Sheet 2 Land Plans – Sheet 2 Land Plans – Sheet 2
Badgeworth Civil Parish 2/10d Required for the provision of and to provide working space and temporary access for works associated with the provision of the private means of access and turning area for Grove Farm 11
Coberley Civil Parish 2/13d Required for the provision of and to provide working space and temporary access for works associated with the provision of the realigned Leckhampton Hill and protection of existing vegetation 4c
Coberley Civil Parish 2/13f Required for the construction of new private means of access for Crickley Hill Country Park 4c
Badgeworth Civil Parish 2/13h Required for the construction of new private means of access for Crickley Hill County Park 4c
Cowley Civil Parish 2/16 Required for the widening of an existing track and provision of a new restricted byway 3f
Coberley Civil Parish 2/20 Required for the construction of new private means of access for Air Balloon Cottages 1k
Coberley Civil Parish 2/21a Required for the provision of and to provide working space and temporary access for vegetation management 1-10
Coberley Civil Parish 2/21b Required for the provision of and to provide working space and temporary access for vegetation management 1-10
Cowley Civil Parish 2/21d Required for the provision of and to provide working space and temporary access for vegetation management 1-10
Coberley Civil Parish 2/21n Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil, and the treatment of site-generated waste 1q
Cowley Civil Parish 2/24c Required for the provision of and to provide working space and temporary access for works associated with the provision of the realigned Leckhampton Hill 4c
Cowley Civil Parish 2/26 Required for the provision of and to provide working space and temporary access for works associated with the provision of the A436 tie-in at Ullenwood junction 4e
Coberley Civil Parish 2/27a Required for the provision of and to provide working space and temporary access for works associated with the provision of the realigned Leckhampton Hill 4c
Cowley, Coberley Civil Parishes 2/28a Required for the provision of and to provide working space and temporary access for works associated with the provision of the attenuation basins and to provide screening works during construction 4f
Coberley Civil Parish 2/28b Required for the provision of and to provide working space and temporary access for works associated with the provision of the attenuation basins and to provide screening works during construction 4f
Coberley Civil Parish 2/28c Required for the provision of and to provide working space and temporary access for works associated with the provision of the temporary outfall from associated attenuation basins during construction 4f
Coberley Civil Parish 2/28d Required for the provision of and to provide working space and temporary access for works associated with the provision of the temporary outfall from associated attenuation basins during construction 4f
Coberley Civil Parish 2/30a Required for the provision of and to provide working space and temporary access for works associated with the provision of a new public right of way 5
Coberley Civil Parish 2/35a Required for the provision of and to provide working space and temporary access for works associated with the provision of Ullenwood Lane and associated private means of access 7k
Cowley Civil Parish 2/36a Required for the provision of and to provide working space and temporary access for works associated with the provision of Ullenwood Lane and associated private means of access 7k
Land Plans – Sheet 3 Land Plans – Sheet 3 Land Plans – Sheet 3 Land Plans – Sheet 3
Cowley Civil Parish 3/1j Required for Barrow Wake Car Park landscaping 1-10
Cowley Civil Parish 3/7a Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 to Birdlip and associated boundary treatment 6b
Cowley Civil Parish 3/12b Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 Birdlip Road and associated boundary treatment 6b
Cowley Civil Parish 3/12f Required for the provision of and to provide working space and temporary access to construct a new boundary wall along Barrow Wake Car Park 1-10
Cowley Civil Parish 3/13a Required for the widening of an existing track and provision of a new restricted byway Required for Barrow Wake Car Park landscaping 1-10
Cowley Civil Parish 3/15b Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment 6c
Cowley Civil Parish 3/15e Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment 6c
Land Plans – Sheet 4 Land Plans – Sheet 4 Land Plans – Sheet 4 Land Plans – Sheet 4
Cowley Civil Parish 4/2 Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment 6c
Cowley Civil Parish 4/2f Required for the provision of and to provide working space and temporary access to construct new mammal crossing and B4070 6c 6d
Cowley Civil Parish 4/2g Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment 6c
Cowley Civil Parish 4/2h Required for the provision of and to provide working space and temporary access for works associated with the provision of B4070 and associated boundary treatment 6c
Cowley Civil Parish 4/2j Required for the provision of and to provide working space and temporary access for works associated with the alteration of Severn Trent Water statutory undertakers apparatus Required for the provision of and to provide working space and temporary access for works associated with the alteration of British Telecommunications statutory undertakers apparatus 24, 29
Cowley Civil Parish 4/2m Required for the provision of and to provide working space and temporary access for works associated with the provision of byway open to all traffic 1
Cowley Civil Parish 4/2n Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline 1
Cowley Civil Parish 4/2q Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment 1
Cowley Civil Parish 4/7 Required for the provision of and to provide working space and temporary access for works associated with the provision of the B4070 and associated boundary treatment 6c
Cowley Civil Parish 4/7j Required to facilitate the stopping up of an existing public right of way Required for the provision of and to provide working space and temporary access for works associated with the provision of a byway open to all traffic 1
Cowley Civil Parish 4/7m Required for the provision of and to provide working space and temporary access and protection of existing vegetation 7
Cowley Civil Parish 4/9e Required for the provision of and to provide working space and temporary access for works associated with the provision of the Shab Hill junction 7, 7b
Cowley Civil Parish 4/17a Required for the provision of and to provide working space and temporary access for works associated with the provision of the Shab Hill junction 7, 7k
Cowley Civil Parish 4/17c Required for the provision of and to provide working space and temporary access for works associated with the provision of the Shab Hill junction and protection of existing vegetation 7
Land Plans – Sheet 5 Land Plans – Sheet 5 Land Plans – Sheet 5 Land Plans – Sheet 5
Cowley Civil Parish 5/3b Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment 1
Cowley Civil Parish 5/3c Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane and associated boundary treatment 8 8a
Cowley Civil Parish 5/3f Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of existing track and public right of way 8
Cowley Civil Parish 5/3j Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment 1
Cowley Civil Parish 5/3k Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane and associated boundary treatment 8
Cowley Civil Parish 5/3m Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of existing track 8
Cowley Civil Parish 5/3s Required to facilitate the stopping up of an existing public right of way 8
Cowley Civil Parish 5/3t Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment 1
Cowley Civil Parish 5/3u Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment 1
Cowley Civil Parish 5/3y Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment 1
Cowley Civil Parish 5/3ab Required for the provision of and to provide working space and temporary access for works associated with the provision of the Severn Trent Water works 35
Cowley Civil Parish 5/3ad Required to facilitate the stopping up of an existing public right of way Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane 8 8a
Cowley Civil Parish 5/4d Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane 8 8a
Cowley Civil Parish 5/5e Required for the dismantling of existing Gigaclear apparatus Required for the provision of and to provide working space and temporary access for works associated with the provision of the realignment of Cowley Lane 8 8a
Land Plans – Sheet 6 Land Plans – Sheet 6 Land Plans – Sheet 6 Land Plans – Sheet 6
Cowley Civil Parish 6/1p Required for the provision of construction access 1
Cowley Civil Parish 6/5b Required for the provision of and to provide working space and temporary access for works associated with the provision of the Severn Trent Water works 35
Cowley Civil Parish 6/5e Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment 1
Cowley Civil Parish 6/5g Required for the provision of and to provide working space and temporary access for works associated with the provision of planting 1-10
Cowley Civil Parish 6/5h Required for the provision of and to provide working space and temporary access for works associated with the provision of the A417 mainline and associated boundary treatment 1
Brimpsfield Civil Parish 6/8b Required for the provision of and to provide working space and temporary access for works associated with the provision of Cowley junction and associated boundary treatment 10
Brimpsfield Civil Parish 6/8d Required for the provision of and to provide working space and temporary access for works associated with the provision of attenuation basin and associated boundary treatment 10h
Brimpsfield Civil Parish 6/8f Required for the provision of and to provide working space and temporary access for works associated with the provision of attenuation basin and associated boundary treatment 10h
Cowley Civil Parish 6/10a Required for the provision of and to provide working space and temporary access for works associated with the provision of a private means of access and restricted byway 10j
Cowley Civil Parish 6/10b Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and topsoil, and the treatment of site-generated waste 1u

SCHEDULE 8 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1

For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

2

In this Part of this Schedule—

  • alternative apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00105], belonging to or maintained by that utility undertaker for the purposes of the electricity supply; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00106] for the purposes of gas supply; in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991[^f00107]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00108] (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act[^f00109],

and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

  • functions” includes powers and duties;
  • “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;
  • plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and
  • utility undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991, for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets

4
  • (1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.
  • (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 22 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7
  • (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).
  • (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
  • (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
  • (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 48 (arbitration).
  • (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 48 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
  • (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.
  • (7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Facilities and rights for alternative apparatus

8
  • (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 48 (arbitration).
  • (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9
  • (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.
  • (2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.
  • (3) Any requirements made by a utility undertaker under sub-paragraph (2) are to be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.
  • (4) If a utility undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).
  • (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
  • (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

Expenses and costs

10
  • (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).
  • (2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.
  • (3) If in accordance with the provisions of this Part of this Schedule—
  • (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; 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 situated,

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 in accordance with article 48 (arbitration) to be necessary then, if such placing involves cost 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 sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

  • (4) For the purposes of sub-paragraph (3)
  • (a) an extension of apparatus to a length greater than the length of existing apparatus must not 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 pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.
  • (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), 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 undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.
11
  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2) any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—
  • (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and
  • (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

  • (2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).
  • (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the neglect or default of a utility undertaker, its officers, servants, contractors or agents.
  • (4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Cooperation

12

Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

14

For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

15

In this Part of this Schedule—

  • the 2003 Act” means the Communications Act 2003[^f00110];
  • electronic communications apparatus” has the same meaning as in the electronic communications code;
  • the electronic communications code” has the same meaning as in section 106[^f00111] (application of the electronic communications code) of the 2003 Act;
  • electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and an electronic communications network which the undertaker is providing or proposing to provide;
  • electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
  • infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 (infrastructure system) of that code; and
  • operator” means the operator of an electronic communications code network.
16

The exercise of the powers conferred by article 36 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

17
  • (1) Subject to sub-paragraphs (2) to (4), if as a result of the authorised development or its construction, or of any subsidence resulting from the authorised development—
  • (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or
  • (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it by reason, or in consequence of, any such damage or interruption.

  • (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.
  • (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.
  • (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 48 (arbitration).
18

This Part of this Schedule does not apply to—

  • (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or
  • (b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.
19

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

SCHEDULE 9 — DOCUMENTS TO BE CERTIFIED

(1) Documents (2) Document Reference (3) Revision
Book of reference Volume 4, Document 4.3 Revision 2 – Deadline 8 Issue
Works plans Volume 2, Document 2.4 Revision 2 – Deadline 4 Issue
Land plans Volume 2, Document 2.2 Revision 3 – Deadline 8 Issue
Rights of way and access plans Volume 2, Document 2.5 Revision 4 – Deadline 8 Issue
Classification of roads plans Volume 2, Document 2.7c Revision 2 – Deadline 4 Issue
Special category land plans Volume 2, Document 2.3 Revision 1 – Additional Submission
Clearways and prohibitions plans Volume 2, Document 2.7b Revision 2 – Deadline 4 Issue
De-trunking plans Volume 2, Document 2.8 Revision 1 – Additional Submission
Speed limits plans Volume 2, Document 2.7a Revision 2 – Deadline 4 Issue
Environmental masterplan Volume 6, Document 6.3, Figure 7.11 Revision 0 – Application Issue (save for Sheet 2 (Revision 1 – Deadline 4 Issue), Sheet 3 (Revision 1 – Deadline 4 Issue), and Sheet 6 (Revision 1 – Deadline 8 Issue)
General arrangement plans Volume 2, Document 2.6a Revision 2 – Deadline 4 Issue
Engineering drawings and sections Volume 2, Document 2.6b Revision 0 – Application Issue
Environmental statement Volume 6, Documents 6.2 to 6.4 Revision 0 – Application Issue
Environmental statement – Habitats Regulations Assessment: Statement to Inform Appropriate Assessment Volume 6, Document 6.5 Revision 0 – Application Issue
Environmental statement - Statement of Statutory Nuisance Volume 6, Document 6.6 Revision 0 – Application Issue
Environmental statement – Updates and Errata Volume 6, Document 6.7 Revision 2 – Deadline 4 Issue
Environmental management plan (design stage) Volume 6, Document 6.4, Appendix 2.1 Revision 3 – Deadline 6 Issue
Environmental management plan (design stage) Annex A Environmental Constraints Plan Volume 6, Document 6.4, Appendix 2.1, Annex A Revision 0 – Application Issue
Environmental management plan (design stage) Annex B Construction Traffic Management Plan Volume 6, Document 6.4, Appendix 2.1, Annex B Revision 3 – Deadline 8 Issue
Environmental management plan (design stage) Annex D Landscape and Ecological Management Plan Volume 6, Document 6.4, Appendix 2.1, Annex D Revision 0 – Application Issue
Environmental management plan (design stage) Annex E Materials Management Plan Volume 6, Document 6.4, Appendix 2.1 Revision 0 – Application Issue
Environmental management plan (design stage) Annex F Public Rights of Way Management Plan Volume 6, Document 6.4, Appendix 2.1, Annex F Revision 0 – Application Issue
Environmental management plan (design stage) Annex G Ground and Surface Water Management Plan Volume 6, Document 6.4, Appendix 2.1, Annex G Revision 0 – Application Issue
Environmental management plan (design stage) Annex H Site Waste Management Plan Volume 6, Document 6.4, Appendix 2.1, Annex H Revision 0 – Application Issue
Cotswold Way national trail diversion report Volume 7, Document 11 Revision 1 – Deadline 8 Issue
Detailed Archaeological Mitigation Strategy and the Overarching Written Schemes of Investigation Volume 6, Document 6.8. Version CO1 – Deadline 8 Issue
Design Summary Report Volume 1, Document 7.7 Revision 1 – Deadline 8 Issue
Structures engineering drawings and sections Volume 2, Document 2.6c Revision 0 – Deadline 6 Issue

Signed

Signed by authority of the Secretary of State for Transport

Natasha Kopala — Head of the Transport and Works Act Orders Unit — Department for Transport — 16 November 2022

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises National Highways Limited to construct, operate and maintain the A417 Missing Link, and carry out all associated works.

This Order permits National Highways Limited to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also makes provision in connection with the maintenance of the authorised development.

A copy of the plans, general arrangement plans, book of reference and environmental statement mentioned in this Order and certified in accordance with article 46 (certification of plans etc.) may be inspected free of charge during working hours at National Highways, Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ.

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378, S.I. 2019/734 and S.I. 2020/1534.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635.

[^f00004]: Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

[^f00005]: Section 115 was amended by paragraph 56 of Part 2 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 and section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

[^f00006]: Section 117 was amended by paragraph 58 of Part 1 of Schedule 13, and Part 20 of Schedule 25 to, the Localism Act 2011.

[^f00007]: Section 120 was amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011.

[^f00008]: Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00009]: Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00010]: 1949 c. 97.

[^f00011]: 1961 c. 33.

[^f00012]: 1965 c. 56.

[^f00013]: 1980 c. 66.

[^f00014]: 1981 c. 66.

[^f00015]: 1984 c. 27.

[^f00016]: 1990 c. 8.

[^f00017]: 1991 c. 22.

[^f00018]: 2004 c. 18.

[^f00019]: 2008 c. 29.

[^f00020]: Section 56(4) was amended by section 32 of, and paragraph 10(2) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

[^f00021]: 2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

[^f00022]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

[^f00023]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the 1991 Act, and amended by section 1(6) of, and paragraph 95(2) and (3) of Schedule 1 to, the Infrastructure Act 2015 (c. 7) and S.I. 2001/1400.

[^f00024]: Section 198 was amended by the 2008 Act.

[^f00025]: Section 10 was amended by section 22(2) of the 1991 Act and paragraph 22 of Schedule 2 to the 2008 Act, and by section 1 of, and Schedule 1 to, the Infrastructure Act 2015.

[^f00026]: Section 19(1) was amended by section 1 of, and Schedule 1 to, the Infrastructure Act 2015.

[^f00027]: 1991 c. 59. Section 23 was amended by section 120(1) of and paragraph 192 of Schedule 22 to, the Environment Act 1995 and section 31 of, and paragraphs 25 and 32 of Schedule 2 to, the Flood and Water Management Act 2010 (c. 29).

[^f00028]: Section 32 was amended by S.I. 2013/755.

[^f00029]: 1984 c. 55.

[^f00030]: 2017 c. 20.

[^f00031]: 1991 c. 59. The definition was substituted by section 100(2) of the Environment Act 1995 (c. 25).

[^f00032]: Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the New Roads and Street Works Act 1991 Act. (c. 22).

[^f00033]: Section 184 was amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48),;by section 4 of, and paragraph 45(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11); and section 168 of, and paragraph 9 of Schedule 8 and Schedule 9 to, the 1991 Act.

[^f00034]: Section 56 was amended by sections 40 and 43, and Schedule 1 to, the 2004 Act.

[^f00035]: Section 56A was inserted by section 44 of the 2004 Act.

[^f00036]: Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the 2004 Act.

[^f00037]: Section 58A was inserted by section 52 of the 2004 Act.

[^f00038]: Section 73A was inserted by section 55 of the 2004 Act.

[^f00039]: Section 73B was inserted by section 55 of the 2004 Act.

[^f00040]: Section 73C was inserted by section 55 of the 2004 Act.

[^f00041]: Section 78A was inserted by section 57 of the 2004 Act.

[^f00042]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the 2004 Act.

[^f00043]: Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the 2004 Act.

[^f00044]: Section 54 was amended by section 49(1) of the 2004 Act.

[^f00045]: Section 55 was amended by section 49(2) and 51(9) of the 2004 Act.

[^f00046]: Section 57 was amended by section 52(3) of the 2004 Act.

[^f00047]: Section 59 was amended by section 42 of the 2004 Act.

[^f00048]: Section 60 was amended by section 40 of, and Schedule 1 to, the 2004 Act.

[^f00049]: Section 68 was amended by section 40 of, and Schedule 1 to, the 2004 Act.

[^f00050]: Section 69 was amended by section 40 of, and Schedule 1 to, the 2004 Act.

[^f00051]: Section 265 was amended by 146 of, and paragraph 45 of Schedule 3 to, the 1984 Act and by section 57 of, and paragraph 52 of, Schedule 1 of the Infrastructure Act 2015 (c. 7).

[^f00052]: Section 10(2) was amended by section 22 of the 1991 Act, and by section 1(6) of, and paragraph 10(2) of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00053]: 2003 c. 21. Schedule 3A was inserted by section 4(2) of, and Schedule 1 to, the Digital Economy Act 2017 (c. 30).

[^f00054]: 1991 c. 56.

[^f00055]: 2000 c. 26.

[^f00056]: 2004 c. 18.

[^f00057]: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and by section 168(1) of, and paragraph 39 of Schedule 8 to, the 1991 Act.

[^f00058]: Section 52 was amended by section 105 of, and paragraph 10(f) of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16); section 78 of, and paragraph 2(6) of Schedule 10 to, the Environment Act 1995 (c. 25), and section 272 of, and Schedule 30 to, the Local Government Act 1972 (c. 70).

[^f00059]: 1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and section 49 of, and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00060]: S.I. 2006/1154, amended by S.I. 2018/110.

[^f00061]: 1991 c. 57.

[^f00062]: Section 152 was amended by S.I. 2009/1307.

[^f00063]: 1981 c. 67.

[^f00064]: Section 152 was amended by S.I. 2009/1307.

[^f00065]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00066]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.

[^f00067]: Section 118 was amended by paragraphs 1, 58 and 59 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00068]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

[^f00069]: Section 5 was amended by paragraphs 4 and 6 of Schedule 15 to the Housing and Planning Act 2016.

[^f00070]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

[^f00071]: Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

[^f00072]: Section 118 was amended by paragraphs 1, 58 and 59 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

[^f00073]: Section 6 was amended by section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.

[^f00074]: Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2012/16.

[^f00075]: Schedule A1 was inserted by paragraphs 1 and 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

[^f00076]: Section 125 was amended by section 216(3) of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016.

[^f00077]: Subsection (4A) of section 153 was inserted by section 200(1) and (2) of the Housing and Planning Act 2016 (c. 22).

[^f00078]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and sections 186, 187 and 188 of, and Schedules 14 and 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00079]: Section 4 was amended by section 184 and 185 of, and paragraph 2 of Schedule 18 to, the Housing and Planning Act 2016.

[^f00080]: Section 152 was amended by S.I. 2009/1307.

[^f00081]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and part 3 of Schedule 23, to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00082]: Section 125 was amended by paragraph 17, Schedule 16 of the Housing and Planning Act 2016 (c. 22).

[^f00083]: Section 13 was amended by sections 139 and 148 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23, to the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00084]: 2003 c. 21. Section 151 was amended by S.I. 2011/1210.

[^f00085]: 2006 c. 26.

[^f00086]: S.I. 2014/3038.

[^f00087]: 1981 c. 69.

[^f00088]: S.I. 2017/1012.

[^f00089]: S.I. 1997/1160.

[^f00090]: 1857 c. 81.

[^f00091]: 1990 c. 43. There are amendments to this subsection which are not relevant to this Order.

[^f00092]: Section 82(2) was amended by section 51(1) and (2) of the Noise and Statutory Nuisance Act 1993 (c. 40). There are other amendments to this subsection which are not relevant to this Order.

[^f00093]: 1974 c. 40. Section 61 was amended by section 162 of, and paragraph 15(1) and (3) of Schedule 15 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to section 61 which are not relevant to this Order.

[^f00094]: 1978 c. 30.

[^f00095]: Section 22 was substituted by S.I. 2013/1883 and amended by section 1(6) of, and paragraph 153 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

[^f00096]: Section 115(2) was amended by section 160(3) of the Housing and Planning Act 2016 (c. 22). There is another amendment to section 115 which is not relevant to this Order.

[^f00097]: 1971 c. 80.

[^f00098]: 1973 c. 26.

[^f00099]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00100]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

[^f00101]: Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

[^f00102]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9, to, the Courts Act 1971 (c. 23).

[^f00103]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunal, Courts and Enforcement Act 2007 (c. 15).

[^f00104]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00105]: 1989 c. 29. The definition of “electricity plant” (in section 64) was amended by section 108 of, and paragraphs 24 and 38(1) and (3) of Schedule 6 to, the Utilities Act 2000 (c. 27).

[^f00106]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6, and Schedule 8 to, the Utilities Act 2000 (c. 27), sections 149(1) and (5) and 197(9) of, and part 1 of Schedule 23 to, the Energy Act 2004 (c. 20) and S.I. 2011/2704.

[^f00107]: 1991 c. 56.

[^f00108]: Section 102(4) was amended by sections 96(1)(1)(c) of the Water Act 2003 (c. 37).

[^f00109]: Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2010 (c. 29).

[^f00110]: 2003 c. 21.

[^f00111]: Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017.

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