LegalizeThe M54 to M6 Link Road Development Consent Order 2022
- (7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).
- (8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—
- (a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and
- (b) such revocation will be final and will take effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.
- (9) This article does not exclude the employment of any method of service not expressly provided for by it.
- (10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.
Arbitration
42
Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the Lands Chamber of the Upper Tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.
SCHEDULE 1 — AUTHORISED DEVELOPMENT
In the administrative areas of South Staffordshire and Wolverhampton
A nationally significant infrastructure project as defined in sections 14 and 22[^f00076] of the 2008 Act, and associated development as defined in section 115(2)[^f00077] of the 2008 Act, comprising:
Work No. 1A – shown on sheet number 1 of the works plans and being the alteration of verge mounted advance directional signage along the M54 carriageway.
Work No. 1B – shown on sheet number 1 of the works plans and being the alteration of verge mounted advance directional signage along the M54 carriageway.
Work No. 1C – shown on sheet number 1 of the works plans and being the alteration of verge mounted advance directional signage along the M54 carriageway.
Work No. 1D – shown on sheet number 2 of the works plans and being the alteration of verge mounted advance directional signage along the A449 carriageway.
Work No. 1E – shown on sheet numbers 3 and 4 of the works plans and being the improvement of the eastbound carriageway of the M54 Motorway at the Junction 1 diverge (480 metres in length).
Work No. 2 – shown on sheet number 4 of the works plans and being the construction of a free-flowing two lane carriageway from the M54 eastbound at Junction 1 to the link road (1,200 metres in length).
Work No. 3 – shown on sheet numbers 3 and 4 of the works plans and being the improvement of the westbound carriageway of the M54 at the Junction 1 merge (600 metres in length).
Work No. 4 – shown on sheet number 4 of the works plans and being the construction of a free-flowing two lane carriageway link from the link road to the M54 westbound at Junction 1 (1,270 metres in length).
Work No. 5 – shown on sheet number 4 of the works plans and being the construction of a slip road from the M54 Junction 1 south roundabout to the M54 westbound merge slip road (340 metres in length).
Work No. 6 – shown on sheet number 4 of the works plans and being the construction of a slip road from the M54 eastbound slip road at Junction 1 to the Featherstone Junction west roundabout (475 metres in length).
Work No. 7 – shown on sheet number 4 of the works plans and being the realignment of the A460 into the M54 Junction 1 south roundabout (185 metres in length).
Work No. 8 – shown on sheet number 4 of the works plans and being the demolition of the existing M54 Junction 1 circulatory carriageway and the construction of the M54 Junction 1 south roundabout.
Work No. 9 – shown on sheet number 4 of the works plans and being the realignment of the M54 Junction 1 westbound diverge slip road into the M54 Junction 1 south roundabout (315 metres in length).
Work No. 10 – shown on sheet number 4 of the works plans and being the construction of a dual carriageway connector road between the Featherstone Junction east roundabout and M54 Junction 1 south roundabout (370 metres in length).
Work No. 11 – shown on sheet number 4 of the works plans and being the stopping up of the existing A460 at M54 Junction 1 including the construction of a turning head facility and improvements at the junction between the A460 and The Avenue.
Work No. 12 – shown on sheet number 4 of the works plans and being the realignment of the M54 Junction 1 eastbound merge slip into the Featherstone Junction east roundabout (845 metres in length).
Work No. 13 – shown on sheet number 4 of the works plans and being the construction of the Featherstone Junction east roundabout.
Work No. 14 – shown on sheet number 4 of the works plans and being the construction of a carriageway dumbbell link between the Featherstone Junction east roundabout and the Featherstone Junction west roundabout passing over the link road via a structure (100 metres in length).
Work No. 15 – shown on sheet number 4 of the works plans and being the construction of the Featherstone Junction west roundabout.
Work No. 16 – shown on sheet number 4 of the works plans and being the realignment of the existing A460 to the Featherstone Junction west roundabout (460 metres in length).
Work No. 17 – shown on sheet number 4 of the works plans and being the realignment of the existing A460 and construction of a T-Junction on the realigned existing A460 (110 metres in length).
Work No. 18 – works number no longer in use.
Work No. 19 – works number no longer in use.
Work No. 20 – shown on sheet number 4 of the works plans and being the construction of an access for Tower Hill Farm connecting to the Featherstone Junction east roundabout (100 metres in length).
Work No. 21 – shown on sheet number 4 of the works plans and being the construction of a Hilton Park Access Track connecting to the Featherstone Junction east roundabout (390 metres in length).
Work No. 22 – shown on sheet number 4 of the works plans and being the construction of the Featherstone Junction southbound diverge slip road (520 metres in length).
Work No. 23 – shown on sheet number 4 of the works plans and being the construction of the Featherstone Junction northbound merge slip road (490 metres in length).
Work No. 24 – shown on sheet numbers 4 and 5 of the works plans and being the closure of Dark Lane between the final property along Dark Lane and the Junction between Dark Lane and Hilton Lane including the construction of a turning head facility.
Work No. 25 – shown on sheet numbers 4 to 6 of the works plans and being the construction of the link road northbound dual carriageway to M6 Junction 11 (1650 metres in length).
Work No. 26 – shown on sheet numbers 4 to 6 of the works plans and being the construction of the link road southbound dual-carriageway from M6 Junction 11 (1600 metres in length).
Work No. 27 – shown on sheet number 5 of the works plans and being the construction of a realigned Hilton Lane including a structure over the link road (300 metres in length).
Work No. 28 – shown on sheet number 5 of the works plans and being the construction of an accommodation overbridge and realignment of access tracks to the south of Brookfield Farm (575 metres in length).
Work No. 29 – shown on sheet number 6 of the works plans and being the realignment of the existing A460 to M6 Junction 11 (330 metres in length).
Work No. 30 – shown on sheet number 6 of the works plans and being the realignment of Mill Lane (200 metres in length).
Work No. 31 – shown on sheet number 4 of the works plans and being the construction of a new structure on the M54 at Junction 1 to facilitate the new junction arrangement under the motorway.
Work No. 32 – shown on sheet numbers 5 and 6 of the works plans and being the realignment of the M6 Junction 11 northbound diverge slip road (320 metres in length).
Work No. 33 – shown on sheet number 6 of the works plans and being the realignment of the M6 Junction 11 northbound merge slip road (620 metres in length).
Work No. 34 – shown on sheet numbers 5 and 6 of the works plans and being the realignment of the M6 Junction 11 southbound merge slip road (610 metres in length).
Work No. 35 – shown on sheet number 6 of the works plans and being the realignment of the M6 Junction 11 southbound diverge slip road (380 metres in length).
Work No. 36 – shown on sheet number 6 of the works plans and being the demolition of the two existing structures at M6 Junction 11, removal of redundant sections of the existing circulatory carriageway and the construction of a new M6 Junction 11 circulatory carriageway, including the construction of two overbridges over the M6 and installation of five portal gantries around the circulatory carriageway and associated infrastructure works along the M6 carriageway to facilitate construction.
Work No. 37 – shown on sheet number 6 of the works plans and being the realignment of the A462 to M6 Junction 11 (150 metres in length).
Work No. 38 – shown on sheet number 6 of the works plans and being the realignment of the adjoining Wolverhampton Road to the realigned A462.
Work No. 39 – shown on sheet number 6 of the works plans and being the realignment and widening of the A460 southbound by a single lane from the M6 Toll merge to M6 Junction 11 and widening of the A460 northbound by a single lane from M6 Junction 11 tapering back down to two lanes ahead of the M6 Toll overbridge.
Work No. 40 – shown on sheet number 6 of the works plans and being the realignment of the adjoining Wolverhampton Road to the realigned A460.
Work No. 41 – shown on sheet number 2 of the works plans and being the installation of a cantilever gantry at M54 Junction 2 in the eastbound verge and associated infrastructure works to facilitate construction.
Work No. 42 – shown on sheet number 3 of the works plans and being the installation of a cantilever gantry in the existing M54 eastbound verge and associated infrastructure works to facilitate construction.
Work No. 43 – shown on sheet number 3 of the works plans and being the installation of a cantilever gantry in the existing M54 eastbound verge and associated infrastructure works to facilitate construction.
Work No. 44 – shown on sheet number 4 of the works plans and being the installation of a cantilever gantry on the M54 eastbound diverge slip road and associated infrastructure works to facilitate construction.
Work No. 45 – shown on sheet number 4 of the works plans and being the construction of a culvert and realignment of Watercourse 2 in the vicinity of M54 Junction 1.
Work No. 46 – shown on sheet number 4 of the works plans and being the construction of a culvert and realignment of Watercourse 3 adjacent to Dark Lane and associated works required to the existing drainage pools.
Work No. 47 – shown on sheet number 5 of the works plans and being the construction of a culvert on Watercourse 4 adjacent to Brookfield Farm.
Work No. 48 – shown on sheet number 6 of the works plans and being the construction of a structure under the link road on Watercourse 5 (Latherford Brook).
Work No. 49 – shown on sheet number 6 of the works plans and being the alteration of a portal gantry across the M6 Junction 11 southbound merge and northbound diverge slip roads.
Work No. 50 – shown on sheet number 6 of the works plans and being the alteration of a portal gantry over the M6 Junction 11 southbound diverge slip road.
Work No. 51 – shown on sheet number 7 of the works plans and being the alteration of a portal gantry along the M6 southbound.
Work No. 52 – shown on sheet number 7 of the works plans and being the alteration of a portal gantry along the M6 southbound.
Work No. 53 – shown on sheet number 7 of the works plans and being the alteration of a portal along the M6 southbound.
Work No. 54 – shown on sheet number 8 of the works plans and being the alteration of a portal gantry along the M6 southbound.
Work No. 55A – shown on sheet number 9 of the works plans and being the alteration of a cantilever gantry along the M6 southbound.
Work No. 55B – shown on sheet number 10 of the works plans and being the alteration of a cantilever gantry along the M6 southbound.
Work No. 55C – shown on sheet number 10 of the works plans and being the alteration of a cantilever gantry along the M6 southbound.
Work No. 56 – shown on sheet number 3 of the works plans and being the installation of drainage attenuation and treatment systems to the north west of M54 Junction 1. Works to include the installation of a balancing pond to provide attenuation and treatment with a new outfall connection to the existing ditch. Access for maintenance to be constructed off Brookhouse Lane.
Work No. 57 – shown on sheet number 4 of the works plans and being the installation of drainage attenuation and treatment systems to the north east of M54 Junction 1. Works to include the installation of a balancing pond to provide attenuation and treatment with a new outfall connection to Watercourse 2. Access for maintenance to be constructed off the dual carriageway connector road.
Work No. 58 – shown on sheet number 4 of the works plans and being the installation of drainage attenuation and treatment systems to the east of the existing A460. Works to include the installation of a balancing pond to provide attenuation and treatment with a new outfall connection to the existing drainage network. Access for maintenance to be constructed off the existing A460.
Work No. 59 – shown on sheet number 5 of the works plans and being the installation of drainage attenuation and treatment systems to the south of Brookfield Farm. Works to include the installation of a balancing pond to provide attenuation and treatment with a new outfall connection to Watercourse 4. Access for maintenance to the balancing pond to be along existing track that connects to Hilton Lane and via new accommodation bridge.
Work No. 60 – shown on sheet number 6 of the works plans and being the installation of drainage attenuation and treatment systems to the south of M6 Junction 11. Works to include the installation of a balancing pond to provide attenuation and treatment with new outfall connection into Watercourse 5 (Latherford Brook). Access for maintenance to be constructed off the realigned existing A460.
Work No. 61 – shown on sheet number 4 of the works plans and being works to realign the existing Public Right of Way (bridleway) Featherstone 3 due to the construction of the new M54 Junction 1 (250 metres in length).
Work No. 62 – shown on sheet numbers 4 and 5 of the works plans and being the construction of a new Public Right of Way (bridleway) connection between Dark Lane and Hilton Lane (320 metres in length).
Work No. 63 – shown on sheet number 5 of the works plans and being works to realign the existing Public Right of Way (footway) Shareshill 5 due to the construction of the link road (260 metres in length).
Work No. 64 – shown on sheet number 5 of the works plans and being works to realign the existing Public Right of Way (bridleway) Shareshill 1 due to the construction of the link road (750 metres in length).
Work No. 65 – shown on sheet number 6 of the works plans and being works to realign the existing Public Rights of Way (footway) Shareshill 4, Saredon 8 and Saredon 1R/2214 due to the construction of the link road (270 metres in length).
Work No. 66 – shown on sheet number 6 of the works plans and being works to realign the existing Public Right of Way Saredon 13 due to the realignment of the existing A460 (250 metres in length).
Work No. 67 – shown on sheet number 4 of the works plans and being the diversion of utilities and associated infrastructure (including (i) electrical, (ii) telecommunications and (iii) potable water) to a new utilities corridor to the west of M54 Junction 1 (130 metres in length).
Work No. 68 – shown on sheet number 4 of the works plans and being the diversion of a high pressure gas main and associated infrastructure due to the construction of the link road (1000 metres in length).
Work No. 69 – shown on sheet numbers 4 and 5 of the works plans and being the diversion of a (i) water main, (ii) sewer, (iii) communications ducts and associated infrastructure due to the construction of the link road (500 metres in length).
Work No. 70 – shown on sheet number 5 of the works plans and being the diversion of an overhead electricity cable and associated infrastructure due to the construction of the link road (220 metres in length).
Work No. 71 – shown on sheet number 4 of the works plans and being the construction of a temporary site compound situated on land to the east of the existing A460 and the establishment of permanent environmental mitigation areas to the west of the link road including habitat creation (species rich grassland, woodland planting and individual trees) to mitigate for biodiversity loss.
Work No. 72 – shown on sheet number 6 of the works plans and being the construction of a temporary site compound situated on land to the north west of M6 Junction 11 and establishment of permanent environmental mitigation areas including species rich grassland, species rich hedgerow, ecology pond and individual trees to mitigate for biodiversity loss.
Work No. 73 – shown on sheet numbers 4 and 5 of the works plans and being the modification of the junction between the existing A460, New Road and Dark Lane and associated infrastructure including the removal of the right turn prohibition in to Dark Lane.
Work No. 74 – shown on sheet number 5 of the works plans and being the construction of a borrow pit including the excavation, working and restoration to win material required for the construction of the authorised development.
Work No. 75 – shown on sheet number 3 of the works plans and being the establishment of environmental mitigation areas. Habitat creation (hedgerow and species rich grassland) to mitigate for biodiversity loss.
Work No. 76 – shown on sheet numbers 3 and 4 of the works plans and being the establishment of ancient woodland enhancement measures to compensate for ancient woodland loss.
Work No. 77 – shown on sheet number 4 of the works plans and being the establishment of environmental mitigation areas between the free flow links. Habitat creation (woodland planting) to integrate the authorised development into the surrounding landscape and to mitigate for biodiversity loss.
Work No. 78 – shown on sheet number 4 of the works plans and being the establishment of environmental mitigation. Habitat creation (ecology ponds and species rich grassland) to mitigate for biodiversity loss.
Work No. 79 – shown on sheet number 4 of the works plans and being the establishment of environmental mitigation areas, habitat creation (woodland planting) for visual screening and to mitigate for biodiversity loss.
Work No. 80 – shown on sheet number 4 of the works plans and being the establishment of environmental mitigation areas to the west of the link road. Habitat creation for visual screening and to mitigate for biodiversity loss and integrate the authorised development into the surrounding landscape. Woodland planting to screen views of the authorised development. Replacement of existing fence along Dark Lane.
Work No. 81 – shown on sheet number 5 of the works plans and being the establishment of environmental mitigation to the west of the link road including habitat creation (woodland planting and ecology ponds) to mitigate for biodiversity loss.
Work No. 82 – shown on sheet number 5 of the works plans and being habitat creation (woodland planting) to the east of the link road to provide visual screening and to mitigate for biodiversity loss.
Work No. 83 – shown on sheet numbers 5 and 6 of the works plans and being the establishment of environmental mitigation to the east of the link road. Habitat creation (woodland planting and ecology ponds) to mitigate for biodiversity loss and compensate for the loss of ancient woodland.
Work No. 84 – shown on sheet numbers 5 and 6 of the works plans and being the establishment of woodland planting south of the M6 Junction 11 to compensate for the loss of ancient woodland.
Work No. 85 – works number no longer in use.
Work No. 86 – shown on sheet numbers 4 and 5 of the works plans and being the establishment of woodland enhancement measures to compensate for biodiversity loss.
Work No. 87 – shown on sheet numbers 5 and 6 of the works plans and being the establishment of woodland enhancement measures to compensate for biodiversity loss.
Work No. 88 – shown on sheet number 5 of the works plans and being the establishment of woodland planting south of the M6 Junction 11 to compensate for the loss of ancient woodland.
Work No. 89 – shown on sheet number 6 of the works plans and being the establishment of ancient woodland enhancement measures to compensate for ancient woodland loss.
Work No. 90 – shown on sheet number 4 of the works plans and being the construction of an access from the realigned existing A460 to the petrol station and local businesses situated on the existing A460.
Work No. 91 – shown on sheet number 4 of the works plans and being the construction of a new public right of way (footpath) connection between the existing A460 and the Featherstone Junction west roundabout (150 metres in length).
In connection with the construction of any of those works, further development within the Order limits consisting of—
- (a) alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level or increasing the width of any such kerb, footpath, footway, cycle track or verge; and reducing the width of the carriageway of the street;
- (b) works required for the strengthening, improvement, maintenance, or reconstruction of any street;
- (c) works for the strengthening, alteration or demolition of any building;
- (d) ramps, means of access, non-motorised links, footpaths, footways, bridleways, cycle tracks and crossing facilities;
- (e) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, outfalls, ditches, ponds, pollution control devices, wing walls, highway lighting, fencing and culverts;
- (f) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;
- (g) works to place, alter, divert, relocate, remove or maintain the position of apparatus, services, plant and other equipment in a street, or in other land, including mains, sewers, drains, pipes, lights and cables;
- (h) works to alter the course of, or otherwise interfere with a watercourse;
- (i) landscaping, noise 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;
- (j) works for the benefit or protection of land affected by the authorised development;
- (k) works to place, alter, remove or maintain road furniture;
- (l) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soils stripping and storage, site levelling);
- (m) the felling of trees and hedgerows;
- (n) establishment of site construction compounds, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, construction lighting, haulage roads and other machinery, apparatus, works and conveniences;
- (o) provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development; and
- (p) such other works, working sites storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development which do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.
SCHEDULE 2 — REQUIREMENTS
PART 1 — REQUIREMENTS
Interpretation
1
- (1) In this Schedule—
- “bank or public holiday” means Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00078];
- “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990[^f00079];
- “CEMP” means the construction environmental management plan;
- “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017[^f00080];
- “HEMP” means the handover environmental management plan;
- “lead local flood authority” has the same meaning as in the Flood and Water Management Act 2010[^f00081];
- “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981[^f00082];
- “Natural England” means the body created by the Natural Environment and Rural Communities Act 2006[^f00083] or any successor in function to it;
- “OEMP” means the outline environmental management plan submitted with the application for this Order and certified as the OEMP by the Secretary of State for the purposes of this Order; and
- “REAC” means the record of environmental actions and commitments (contained in the OEMP).
- (2) With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes or plans approved under this Schedule, the approved details or schemes or plans are taken to include any amendments that may subsequently be approved in writing.
Time limits
2
The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.
Detailed design
3
- (1) The authorised development must be designed in detail and carried out in accordance with the preliminary scheme design shown on the works plans and engineering drawings and sections unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the relevant local highway authority on matters related to its functions, provided that the Secretary of State is satisfied that any amendments to the works plans and engineering drawings and sections showing departures from the preliminary scheme 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 and engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.
Construction and handover environmental management plans
4
- (1) No part of the authorised development is to commence until a CEMP, substantially in accordance with the OEMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and, to the extent that it relates to a matter relevant to its function, the relevant local highway authority, Natural England and the Environment Agency.
- (2) The CEMP must be written in accordance with ISO14001 and must—
- (a) reflect the mitigation measures set out in the REAC;
- (b) contain a record of all sensitive environmental features that have the potential to be affected by the construction of the proposed development;
- (c) require adherence to working hours of 07:00–19:00 on Mondays to Fridays and 08:00–16:00 on Saturday with no working on Sundays and bank or public holidays except for—
- (i) 24 hours a day 7 days a week working to carry out the works at the M54 Junction 1 for a period of up to 3 weeks whilst the motorway is closed;
- (ii) deliveries, movements to work, maintenance and general preparation works but not including running plant and machinery for a period of one hour either side of the above times;
- (iii) night-time closures for road crossings and final surfacing tie-ins, and bridge demolition and installation;
- (iv) any oversize deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation;
- (v) junction works;
- (vi) repair or maintenance of construction equipment;
- (vii) removal of overhead power lines;
- (viii) overnight traffic management measures;
- (ix) works associated with traffic management and signal changes;
- (x) cases of emergency; and
- (xi) as otherwise agreed by the local authority in advance;
- (d) include the following management plans—
- (i) Biosecurity Management Plan;
- (ii) Site Waste Management Plan;
- (iii) Emergency Preparedness and Response Plan;
- (iv) Archaeological Management Plan;
- (v) Archaeological Mitigation Strategy;
- (vi) Arboricultural Mitigation Strategy;
- (vii) Fire Rescue and Translocation Strategy;
- (viii) Landscape and Ecology Management Plan;
- (ix) Noise and Vibration Management Plan;
- (x) Soil Management Strategy (including a Soil Management Plan and Soil Handling Strategy);
- (xi) Materials Management Plan;
- (xii) Asbestos Management Plan;
- (xiii) Water Management Plan; and
- (xiv) Traffic Management Plan (including a Site Access Plan, Site Travel Plan and Construction Workforce Travel Plan).
- (3) The construction of the authorised development must be carried out in accordance with the approved CEMP.
- (4) A HEMP must be developed and completed by the end of the construction, commissioning and handover stage of the authorised development, in accordance with the process set out in the approved CEMP.
- (5) The HEMP must address the matters set out in the approved CEMP that are relevant to the operation and maintenance of the authorised development, and must contain—
- (a) the environmental information needed for the future maintenance and operation of the authorised development;
- (b) the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and
- (c) a record of the consents, commitments and permissions resulting from liaison with statutory bodies.
- (6) The authorised development must be operated and maintained in accordance with the HEMP.
Landscaping
5
- (1) The authorised development must be landscaped in accordance with a landscaping scheme which sets out details of all proposed hard and soft landscaping works and which has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function.
- (2) The landscaping scheme must reflect the mitigation measures set out in the REAC and must be based on the illustrative environmental masterplan annexed to the environmental statement.
- (3) The landscaping scheme prepared under sub-paragraph (1) must include details of—
- (a) location, number, species mix, size and planting density of any proposed planting;
- (b) cultivation, importing of materials and other operations to ensure plant establishment;
- (c) existing trees to be retained, with measures for their protection during the construction period;
- (d) proposed finished ground levels; and
- (e) implementation timetables for all landscaping works.
- (4) 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.
- (5) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the Secretary of State, following consultation with the relevant planning authority on matters related to its function, gives consent to a variation.
Contaminated land and groundwater
6
- (1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.
- (2) Where the undertaker determines that remediation of the contaminated land 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 submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its function and the Environment Agency.
- (3) Remediation must be carried out in accordance with the approved scheme and programme.
Protected species
7
- (1) No part of the authorised development is to commence until for that part final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by any part of the relevant works, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.
- (2) Following pre-construction survey work or at any time when carrying out the authorised development, where—
- (a) a protected species is shown to be present, or where there is a reasonable likelihood of it being present;
- (b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and
- (c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,
the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.
- (3) The undertaker must consult with Natural England on the scheme referred to in sub-paragraph (2) prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.
- (4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation with Natural England, and under any necessary licences.
Surface and foul water drainage
8
- (1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the relevant lead local flood authority and the Environment Agency on matters related to their functions.
- (2) The surface and foul water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant lead local flood authority and the Environment Agency on matters related to their functions, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
Archaeological remains
9
- (1) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and reported by way of a notice to the relevant planning authority as soon as reasonably practicable from the date they are identified.
- (2) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (1) for a period of 14 days from the date of any notice served under sub-paragraph (1) unless otherwise agreed in writing by the relevant planning authority.
- (3) If the relevant planning authority determines in writing that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details to be submitted in writing to, and approved in writing by, the relevant planning authority.
Fencing
10
Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the OEMP except where any departures from the OEMP are agreed in writing by the Secretary of State in connection with the authorised development.
Signage to Saredon Filling Station
11
No part of the authorised development constituting Work No. 36 is to commence unless the undertaker has first consulted with the local highway authority and the proprietors of the Saredon Filling Station regarding a scheme for the signage regarding that Work. The written details regarding Work No. 36 must be submitted and approved in writing by the Secretary of State and must include provision of directional signage to the Saredon Filling Station and the approved signage must be installed in full in accordance with the approved details before the new M6 Junction 11 circulatory carriageway is open for traffic.
Weight Restriction Warning Signs
12
Before the authorised development is open for traffic, two warning signs, of the type shown in diagram 818.4 (S12-28-22) as shown in Figure 5-3 of Chapter 3 of the Traffic Signs Manual (Regulatory Signs 2019 Edition) (or any equivalent sign in a subsequent edition) must be installed at the junction of Cannock Road with the Featherston Junction west roundabout and at the junction of Cannock Road with the new M6 Junction 11 circulatory carriageway indicating warning of the weight restriction imposed by article 11(9) (classification of roads etc.) and those signs are to be maintained by the undertaker unless otherwise agreed in writing between the parties.
Details of consultation
13
- (1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, the undertaker must provide that other party with not less than 14 days for any response to the consultation and the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.
- (2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.
- (3) The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.
- (4) Where the consultation responses are not reflected in the details submitted to the Secretary of State for approval, the undertaker must state in the summary report referred to under sub-paragraph (1) the reasons why the consultation responses have not been reflected in the submitted details.
PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS
Applications made under requirements
14
- (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—
- (a) the day immediately following that on which the application is received by the Secretary of State;
- (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 15 (further information); or
- (c) such longer period as may be agreed between the parties.
- (2) Subject to sub-paragraphs (3) and (4), 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 the Secretary of State requests further information pursuant to paragraph 15, and no further information has been submitted eight weeks from that day immediately following that on which the application was received by the Secretary of State, the application or (if applicable) the part of the application to which the request for further information relates is taken to have been refused by the Secretary of State.
- (4) Where—
- (a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;
- (b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and
- (c) the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,
the application is taken to have been refused by the Secretary of State at the end of that period.
Further information
15
- (1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.
- (2) In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within that 21 business day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.
- (3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as a separate application from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 14 (applications made under requirements) and in this paragraph.
- (4) In this paragraph, “business day” means a day other than Saturday, Sunday or bank or public holiday.
Anticipatory steps towards compliance with any requirement
16
If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part I of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provisions if they would have been valid steps for that purpose had they been taken after this Order came into force.
SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.
PART 1 — SPECIAL ROADS
| (1) Road | (2) Extent |
|---|---|
| Proposed M54 Junction 1 free-flowing eastbound link | Between points 3/2 on sheet 3 and point 4/35 on sheet 4 of the classification of roads plans |
| Proposed M54 Junction 1 free-flowing westbound link | Between points 3/1 on sheet 3 and point 4/36 on sheet 4 of the classification of roads plans |
| Proposed Featherstone Junction northbound diverge slip road | Between points 4/1 on sheet 4 and point 4/2 on sheet 4 of the classification of roads plans |
| Proposed M54 Junction 1 westbound merge slip road | Between points 4/4 on sheet 4 and point 4/3 on sheet 4 of the classification of roads plans |
| Proposed realigned M54 Junction 1 westbound diverge slip road | Between points 4/8 on sheet 4 and point 4/9 on sheet 4 of the classification of roads plans |
| Proposed realigned M54 Junction 1 eastbound merge slip road | Between points 4/14 on sheet 4 and point 4/15 on sheet 4 of the classification of roads plans |
| Proposed realigned M6 Junction 11 northbound merge slip road | Between points 6/10 on sheet 6 and point 6/11 on sheet 6 of the classification of roads plans |
| Proposed realigned M6 Junction 11 southbound diverge slip road | Between points 6/12 on sheet 6 and point 6/13 on sheet 6 of the classification of roads plans |
| Proposed realigned M6 Junction 11 southbound merge slip road | Between points 5/8 on sheet 5 and point 6/14 on sheet 6 of the classification of roads plans |
| Proposed realigned M6 Junction 11 northbound diverge slip road | Between points 6/8 on sheet 6 and point 6/9 on sheet 6 of the classification of roads plans |
PART 2 — TRUNK ROADS
| (1) Road | (2) Extent |
|---|---|
| Proposed Featherstone Junction west roundabout | Reference point 4/23 on sheet 4 of the classification of roads plans |
| Proposed Featherstone Junction overbridge | Between points 4/21 on sheet 4 and point 4/22 on sheet 4 of the classification of roads plans |
| Proposed Featherstone Junction northbound merge slip road | Between points 4/31 on sheet 4 and point 4/32 on sheet 4 of the classification of roads plans |
| Proposed Featherstone Junction southbound diverge slip road | Between points 4/33 on sheet 4 and point 4/34 on sheet 4 of the classification of roads plans |
| Proposed realigned A460 south | Between points 4/5 on sheet 4 and point 4/6 on sheet 4 of the classification of roads plans |
| Proposed M54 Junction 1 south roundabout | Reference point 4/7 on sheet 4 of the classification of roads plans |
| Proposed south-east roundabout connector | Between points 4/10 on sheet 4 and point 4/11 on sheet 4 of the classification of roads plans |
| Proposed Featherstone Junction east roundabout | Reference point 4/18 on sheet 4 of the classification of roads plans |
| Proposed dual-carriageway mainline link – northbound carriageway | Between points 4/35 on sheet 4 and point 6/1 on sheet 6 of the classification of roads plans |
| Proposed dual-carriageway mainline link – southbound carriageway | Between points 4/36 on sheet 4 and point 6/2 on sheet 6 of the classification of roads plans |
| Proposed Junction 11 roundabout | Reference point 6/7 on sheet 6 of the classification of roads plans |
| Proposed realigned A460 | Between points 6/15 on sheet 6 and point 6/16 on sheet 6 of the classification of roads plans |
| Proposed realigned A462 | Between points 6/17 on sheet 6 and point 6/18 on sheet 6 of the classification of roads plans |
PART 3 — CLASSIFIED ROADS
| (1) Road | (2) Extent |
|---|---|
| Proposed realigned A460 north | Between points 4/24 on sheet 4 and point 4/25 on sheet 4 of the classification of roads plans |
| Existing A460 | Between points 4/25 on sheet 4 and point 6/3 on sheet 6 of the classification of roads plans |
| Proposed realigned Hilton Lane | Between points 5/1 on sheet 5 and point 5/2 on sheet 5 of the classification of roads plans |
| Proposed realigned A460 | Between points 6/3 on sheet 6 and point 6/4 on sheet 6 of the classification of roads plans |
PART 4 — UNCLASSIFIED ROADS
| (1) Road | (2) Extent |
|---|---|
| Connection from proposed realigned A460 north to existing A460 | Between points 4/26 and point 4/27 and 4/28 on sheet 4 of the classification of roads plans |
| Link between proposed realigned A460 north and connection from proposed realigned A460 north to existing A460 | Between points 4/39 and point 4/40 on sheet 4 of the classification of roads plans |
| Dark Lane | Between points 4/37 on sheet 4 and point 4/38 on sheet 4 of the classification of roads plans |
| Realigned Mill Lane | Between points 6/5 on sheet 6 and point 6/6 on sheet 6 of the classification of roads plans |
| Proposed connection to Wolverhampton Road | Between points 6/19 on sheet 6 and point 6/20 on sheet 6 of the classification of roads plans |
| Proposed connection to A460 north of Junction 11 | Between points 6/21 on sheet 6 and point 6/22 on sheet 6 of the classification of roads plans |
PART 5 — SPEED LIMITS: NEW ROADS
| (1) Road name and description | (2) Speed Limit |
|---|---|
| Proposed M54 Junction 1 free-flowing eastbound link From the M54 along its length to where it meets the proposed dual-carriageway mainline link for a total distance of 915m As shown on sheet 3 and 4 of the traffic regulation measures plans | 70 miles per hour |
| Proposed M54 Junction 1 free-flowing westbound link From the proposed dual-carriageway mainline link along its length to where it meets the M54 for a total distance of 1560m As shown on sheet 3 and 4 of the traffic regulation measures plans | 70 miles per hour |
| Proposed Featherstone Junction northbound diverge slip road From the proposed dual-carriageway mainline link along its length to where it meets the M54 for a total distance of 585m As shown on sheet 3 and 4 of the traffic regulation measures plans | 70 miles per hour |
| Proposed M54 Junction 1 westbound merge slip road From the Proposed M54 Junction 1 free-flowing eastbound link along its length to where it meets the proposed Featherstone Junction west roundabout for a total distance of 333m As shown on sheet 4 of the traffic regulation measures plans | 70 miles per hour |
| Proposed realigned M54 Junction 1 westbound diverge slip road From the proposed M54 Junction 1 south roundabout along its length to a point 285m from where it meets the M54 for a total distance of 327m As shown on sheet 4 of the traffic regulation measures plans | 70 miles per hour |
| Proposed Realigned M54 Junction 1 eastbound merge slip road From the proposed Featherstone Junction east roundabout along its length to where it meets the M54 for a total distance of 825m As shown on sheet 4 of the traffic regulation measures plans | 70 miles per hour |
| Proposed Featherstone Junction west roundabout As shown on sheet 4 of the traffic regulation measures plans | 40 miles per hour |
| Proposed Featherstone Junction overbridge From the proposed Featherstone Junction east roundabout along its length to where it meets the proposed Featherstone Junction west roundabout for a total distance of 100m As shown on sheet 4 of the traffic regulation measures plans | 40 miles per hour |
| Proposed Featherstone Junction northbound merge slip road From the proposed Featherstone Junction west roundabout along its length to where it meets the proposed dual-carriageway mainline link for a total distance of 480m As shown on sheet 4 of the traffic regulation measures plans | 70 miles per hour |
| Proposed Featherstone Junction southbound diverge slip road From the proposed Featherstone Junction east roundabout along its length to where it meets the proposed dual-carriageway mainline link for a total of 515m As shown on sheet 4 of the traffic regulation measures plans | 70 miles per hour |
| Proposed realigned A460 south From the proposed M54 Junction 1 south roundabout along its length to a point 70m from the Hilton Cross roundabout for a total distance of 190m As shown on sheet 4 of the traffic regulation measures plans | 40 miles per hour |
| Proposed M54 Junction 1 south roundabout As shown on sheet 4 of the traffic regulation measures plans | 40 miles per hour |
| Proposed south-east roundabout connector From the proposed Featherstone Junction east roundabout along its length to where it meets the proposed M54 Junction 1 south roundabout for a total distance of 380m As shown on sheet 4 of the traffic regulation measures plans | 40 miles per hour |
| Proposed Featherstone Junction east roundabout As shown on sheet 4 of the traffic regulation measures plans | 40 miles per hour |
| Proposed realigned A460 north From the proposed Featherstone Junction west roundabout along its length to where it meets the junction with Dark Lane and The Avenue for a total distance of 462m As shown on sheet 4 of the traffic regulation measures plans | 30 miles per hour |
| Connection from proposed realigned A460 north to existing A460 From the point of stopping up/turning head along its length to where it meets the proposed realigned A460 north for a total distance of 340m As shown on sheet 4 of the traffic regulation measures plans | 30 miles per hour |
| Link between proposed realigned A460 north and connection from proposed realigned A460 north to existing A460 Along its length being a total distance of 90m As shown on sheet 4 of the traffic regulation measures plans | 30 miles per hour |
| Proposed dual-carriageway mainline link – northbound carriageway From the proposed M54 Junction 1 free-flowing eastbound link along its length to where it meets the proposed M6 Junction 11 roundabout for a total distance of 2415m As shown on sheets 4, 5 and 6 of the traffic regulation measures plans | 70 miles per hour |
| Proposed dual-carriageway mainline link – southbound carriageway From the proposed M54 Junction 1 free-flowing westbound link along its length to where it meets the proposed M6 Junction 11 roundabout for a total distance of 1890m As shown on sheets 4, 5 and 6 of the traffic regulation measures plans | 70 miles per hour |
| Proposed realigned Hilton Lane From the Hilton Lane/existing A460 junction along its length to a point 816m east of the Hilton Lane/existing A460 junction for a total distance of 816m As shown on sheet 5 of the traffic regulation measures plans | 30 miles per hour |
| Proposed realigned M6 Junction 11 northbound merge slip road From the proposed M6 Junction 11 roundabout along its length to where it meets the M6 for a total distance of 610m As shown on sheet 6 of the traffic regulation measures plans | 70 miles per hour |
| Proposed realigned M6 Junction 11 southbound diverge slip road From the proposed M6 Junction 11 roundabout along its length to where it meets the M6 for a total distance of 375m As shown on sheet 6 of the traffic regulation measures plans | 70 miles per hour |
| Proposed realigned M6 Junction 11 southbound merge slip road From the proposed M6 Junction 11 roundabout along its length to where it meets the M6 for a total distance of 606m As shown on sheets 5 and 6 of the traffic regulation measures plans | 70 miles per hour |
| Proposed realigned M6 Junction 11 northbound diverge slip road From the proposed M6 Junction 11 roundabout along its length to where it meets the M6 for a total distance of 247m As shown on sheet 6 of the traffic regulation measures plans | 70 miles per hour |
| Proposed M6 Junction 11 roundabout As shown on sheet 6 of the traffic regulation measures plans | 50 miles per hour |
| Proposed realigned A460 (north of M6 Junction 11) From the proposed M6 Junction 11 roundabout along its length to point 200m south-east of M6 Junction 11 for a total distance of 390m As shown on sheet 6 of the traffic regulation measures plans | 50 miles per hour |
| Proposed realigned A462 From the proposed M6 Junction 11 roundabout along its length to a point 200m south-east of M6 Junction 11 for a total distance of 200m As shown on sheet 6 of the traffic regulation measures plans | 60 miles per hour |
| Proposed realigned A460 (south of M6 Junction 11) From the proposed M6 Junction 11 roundabout along its length to a point 350m west of M6 Junction 11 for a total distance of 350m As shown on sheet 6 of the traffic regulation measures plans | 50 miles per hour |
| Realigned Mill Lane From the junction with the proposed realigned A460 (south of M6 Junction 11) along its length for a total distance of 200m As shown on sheet 6 of the traffic regulation measures plans | 60 miles per hour |
| Proposed connection to Wolverhampton Road From the Junction with the proposed realigned A460 (north of M6 Junction 11) along its length for a total distance of 30m As shown on sheet 6 of the traffic regulation measures plans | 30 miles per hour |
| Proposed connection to Wolverhampton Road From the junction with the proposed realigned A462 along its length for a total distance of 50m As shown on sheet 6 of the traffic regulation measures plans | 30 miles per hour |
PART 6 — PUBLIC RIGHTS OF WAY
| (1) Public right of way | (2) Extent |
|---|---|
| Dark Lane (proposed Bridleway) | Between point 4/4 on sheet 4 and point 5/1 on sheet 5 of the streets, rights of way and access plans |
| Cannock Road (proposed footpath) | Between point 4/14 and point 4/15 on sheet 4 of the streets, rights of way and access plans |
PART 7 — CREATION OF NEW TRAFFIC REGULATION ORDERS
| (1) Area | (2) Road name and description | (3) Speedlimit |
|---|---|---|
| Staffordshire County Council | Proposed realigned Hilton Lane From a point 816m east of the Hilton Lane/existing A460 junction to a point 1445m east of the Hilton Lane/existing A460 junction for a total distance of 629m As shown on sheet 5 of the traffic regulation measures plans | 40 miles per hour |
PART 8 — VARIATION OF EXISTING TRAFFIC REGULATION ORDERS
| (1) Parish(es) | (2) Road name and number | (3) Title of Order | (4) Variation |
|---|---|---|---|
| Hilton | A460 Cannock Road between points 4/37 and 5/8 as shown on the classification of roads plans | The Staffordshire County Council (Hilton Lane, Dark Lane and Old Warstone Lane, Hilton) (Prohibition of Heavy Commercial Vehicles or over 7.5 Tonnes Gross) Order 1991 | Shown as points 4/37 and 5/8 on sheets 4 and 5 of the classification of roads plans |
SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS
PART 1 — STREETS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
| (1) Street to be stopped up | (2) Extent of stopping up | (3) New street to be substituted or provided |
|---|---|---|
| A460 Cannock Road west of M6 Junction 11 | Existing section of public road, to be stopped up between points A/7 and A/8 shown on sheet 6 of the streets, rights of way and access plans | Between points A/9 and point A/10 on sheet 6 of the streets, rights of way and access plans |
| Mill Lane | Existing section of public road, to be stopped up between points A/11 and A/12 shown on sheet 6 of the streets, rights of way and access plans | Between points A/13 and point A/14 on sheet 6 to point 6/6 on sheet 6 of the streets, rights of way and access plans |
PART 2 — STREETS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
| (1) Streets to be stopped up | (2) Extent of stopping up |
|---|---|
| Existing M54 Junction 1 eastbound merge slip road | Existing section of public road, to be stopped up between points A/1 and A/2 shown on sheet 4 of the streets, rights of way and access plans |
| Existing A460 connecting to north of existing M54 Junction 1 roundabout | Existing section of public road, to be stopped up between points A/3 and A/4 shown on sheet 4 of the streets, rights of way and access plans |
| Dark Lane | Existing section of public road, to be stopped up between points A/5 on sheet 4 and A/6 shown on sheet 5 of the streets, rights of way and access plans |
PART 3 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
| (1) Public right of way to be stopped up | (2) Extent of stopping up | (3) New highway to be substituted or provided |
|---|---|---|
| Shareshill 5 Footpath adjacent to Hilton Lane | Existing public right of way between point 5/2 and 5/4 on sheet 5 of the streets, rights of way and access plans | A new footpath between points 5/2 and 5/12 on sheet 5, footpath to utilise Hilton Lane footway between points 5/12 and 5/3 on sheet 5 and a new footpath between points 5/3 and 5/4 on sheet 5 of the streets, rights of way and access plans |
PART 4 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
| (1) Public right of way to be stopped up | (2) Extent of stopping up |
|---|---|
| Saredon 1R/2214 Footpath | Full length of 70m between points 6/4 and 6/6 on sheet 6 of the streets, rights of way and access plans |
PART 5 — ALTERATIONS TO PUBLIC RIGHTS OF WAY
| (1) Public rights of way to be altered | (2) Extent of alteration |
|---|---|
| Featherstone 3 Bridleway south west of M54 Junction 1 between points 4/1 and 4/3 on sheet 4 of the street, rights of way and access plans | To be altered between points 4/1 and 4/2 on sheet 4 of the streets, rights of way and access plans |
| Shareshill 1 Bridleway adjacent Brookfield Farm between points 5/5 and 5/6 on sheet 5 of the streets, rights of way and access plans | To be diverted across the proposed Brookfield Farm overbridge between points 5/5 and 5/6 on sheet 5 of the streets, rights of way and access plans |
| Shareshill 4 Footpath at the south west corner of M6 Junction 11 between points 6/1 and 6/2 on sheet 6 of the streets, rights of way and access plans | To be diverted up the proposed link road embankment between points 6/1 and 6/3 on sheet 6 of the streets, rights of way and access plans |
| Saredon 8 Footpath at the south west corner of M6 Junction 11 between points 6/2 and 6/4 on sheet 6 of the streets, rights of way and access plans | To be diverted up the proposed link road embankment between points 6/3 and 6/5 on sheet 6 of the streets, rights of way and access plans |
| Saredon 13 Bridleway at the north east corner of M6 Junction 11 between points 6/7 and 6/8 on sheet 6 of the streets, rights of way and access plans | To be diverted adjacent to the A460 north east of M6 Junction 11 between points 6/8 and 6/9 on sheet 6 of the streets, rights of way and access plans |
PART 6 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
| (1) Private means of access to be stopped up | (2) Extent of stopping up | (3) New private means of access to be substituted or provided |
|---|---|---|
| Access track to Tower Hill Farm | Existing access track shown between points 4/5, 4/6 and 4/7 on sheet 4 of the streets, rights of way and access plans | Proposed new access from Featherstone Junction east roundabout from point 4/8 to point 4/9 on sheet 4 of the streets, rights of way and access plans |
| Access track to Hilton Park | Existing access track shown between points 4/10 and 4/11 on sheet 4 of the streets, rights of way and access plans | Proposed new access from Featherstone Junction east roundabout from point 4/11 to point 4/12 on sheet 4 of the streets, rights of way and access plans |
| Proposed Brookfield Farm overbridge access track | Between points 5/8 and 5/10 on sheet 5 of the streets, rights of way and access plans | Proposed new access from 5/8 to 5/9 and heading east from 5/9 to 5/7 and heading west from 5/9 to 5/10 on sheet 5 of the streets, rights of way and access plans |
PART 7 — PROVISION OR ALTERATIONS TO PRIVATE MEANS OF ACCESS
| (1) Private means of access to be provided or altered | (2) Extent of provision or alteration |
|---|---|
| Existing access from the A460 identified at point 4/10 on sheet 4 of the streets, rights of way and access plans | Provide new means of access between points 4/10 and 4/13 shown on sheet 4 of the streets, rights of way and access plans |
SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
| (1) Plot Reference Number shown on Land Plans | (2) Purpose for which rights over land may be acquired |
|---|---|
| Land Plans – Sheet 3 | Land Plans – Sheet 3 |
| 3/2c, 3/2d, 3/6 | To construct, operate, access and maintain a balancing pond to provide attenuation and treatment systems and a new outfall connection to the existing ditch. Maintenance access off Brookhouse Lane (Work No. 56) |
| Land Plans – Sheet 4 | Land Plans – Sheet 4 |
| 4/17a | To construct, operate, access, maintain, protect and decommission a diversion to an existing high pressure gas main and associated infrastructure (Work No. 68) |
| 4/20f | To construct, operate, access, maintain, protect and decommission a diversion to an existing high pressure gas main and associated infrastructure (Work No. 68) |
| 4/20g | To construct the Hilton Park access track and to construct, operate, access and maintain a diversion of an existing high pressure gas main and associated infrastructure (Work Nos. 21 and 68) |
| Land Plans – Sheet 5 | Land Plans – Sheet 5 |
| 5/7, 5/11e, 5/11f and 5/13 | To construct, operate, access and maintain a balancing pond to provide attenuation and treatment systems to the south of Brookfield Farm and a new outfall connection to Watercourse 4. Maintenance access along an existing track that connects to Hilton Lane and via a new accommodation bridge (Work No. 59) |
| 5/16 | To construct, operate, access and maintain a culvert on Watercourse 4 adjacent to Brookfield Farm, a balancing pond to provide attenuation and treatment systems to the south of Brookfield Farm and a new outfall connection to Watercourse 4 as well as diversion of an overhead electricity cable and associated infrastructure. Maintenance access along an existing track that connects to Hilton Lane and via a new accommodation bridge. (Work Nos. 47, 59 and 70) |
| 5/17 | To construct, operate, access and maintain a diversion of an overhead electricity cable and associated infrastructure (Work No. 70) |
| Land Plans – Sheet 6 | Land Plans – Sheet 6 |
| 6/31 | To access land for works to realign the existing public right of way Saredon 13 (Work No. 66) |
SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
Compensation enactments
1
The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply in respect of compensation on the compulsory purchase of land and interests in land.
2
- (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).
- (2) For section 5A(5A) (relevant valuation date) to the 1961 Act, substitute—
(5A) If— (a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the M54 to M6 Link Road Development Consent Order 2022); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the M54 to M6 Link Road Development Consent Order 2022) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.
3
- (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00084] has effect subject to the modifications set out in sub-paragraph (2).
- (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—
- (a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and
- (b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.
Application of Part 1 of the 1965 Act
4
Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 20 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 23 (compulsory acquisition of rights and imposition of restrictive covenants)—
- (a) with the modification specified in paragraph 5; and
- (b) with such other modifications as may be necessary.
5
- (1) The modification referred to in paragraph 4(a) are as follows.
- (2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—
- (a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or
- (b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.
- (3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—
(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.
- (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—
- (a) section 9(4) (failure by owners to convey);
- (b) paragraph 10(3) of Schedule 1 (owners under incapacity);
- (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
- (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),
are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.
- (5) Section 11[^f00085] (powers of entry) of the 1965 Act is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 20), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A[^f00086] (powers of entry: further notices of entry), 11B[^f00087] (counter-notice requiring possession to be taken on specified date), 12[^f00088] (unauthorised entry) and 13[^f00089] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.
- (6) Section 20[^f00090] (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.
- (7) Section 22 (interests omitted from purchase) of the 1965 Act is modified by article 25(4) so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired, subject to compliance with that section as respects compensation.
- (8) For Schedule 2A of the 1965 Act substitute—
SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 26 (application of the Compulsory Purchase (Vesting Declarations) Act 1981) of the M54 to M6 Link Road Development Consent Order 2022 in respect of the land to which the notice to treat relates. (2) But see article 27(3) (acquisition of subsoil and airspace only) of the M54 to M6 Link Road Development Consent Order 2021 which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the use to be made of the right or covenant proposed to be acquired or imposed, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.
SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
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