The A47 North Tuddenham to Easton Development Consent Order 2022

• (1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 23 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

• (2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over the land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

• (3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

• (a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as modified by article 29 (modification of Part 1 of the 1965 Act));

• (b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the Compulsory Purchase (Vesting Declarations) Act 1981; and

• (c) section 153 (4A) (blighted land: proposed acquisition of part interest; material detriment test) of the Town and Country Planning Act 1990.

• (4) Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Rights under or over streets

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• (1) The undertaker may enter on and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

• (2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

• (3) Paragraph (2) does not apply in relation to—

• (a) any subway or underground building; or

• (b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

• (4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

• (5) Compensation is not payable under paragraph (4) to any person who is a statutory undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised development

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• (1) The undertaker may, in connection with the carrying out of the authorised development, but subject to article 25 (time limit for exercise of authority to acquire land compulsorily)—

• (a) enter on and take possession of—

• (i) the land specified in columns (1) and (2) of Schedule 7 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised development specified in column (4) of that Schedule; and

• (ii) any other Order land in respect of which no notice of entry has been served under section 11(powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act,

• (b) remove any buildings and vegetation from that land,

• (c) construct temporary works (including the provision of means of access) and buildings on that land; and

• (d) construct any permanent works specified in relation to that land in column (3) of Schedule 7 (land of which temporary possession may be taken), or construct any permanent works in connection with Work No. 94 or any other mitigation works in connection with the authorised development.

• (2) Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph (1)(a)(ii)

• (3) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article—

• (a) in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (4) of Schedule 7; or

• (b) in the case of any land referred to in paragraph (1)(a)(ii) after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

• (4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

• (a) replace a building removed under this article;

• (b) restore the land on which any permanent works have been constructed under paragraph (1)(d);

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

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

• (e) remove or reposition any apparatus installed for or belonging to statutory undertakers ; or ...

• (f) remove or reposition any necessary mitigation works.

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

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

• (7) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

• (8) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not to be precluded from acquiring any part of the subsoil or airspace over (or rights in the subsoil or airspace over) that land under article 31 (acquisition of subsoil or airspace only).

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

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

• (11) Paragraph (1)(a)(ii) does not authorise the undertaker to take temporary possession of any land which the undertaker is not authorised to acquire under article 23 (compulsory acquisition of land) or article 26 (compulsory acquisition of rights and imposition of restrictive covenants).

Temporary use of land for maintaining the authorised development

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

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

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

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

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

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

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

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

• (4) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a potential risk to the safety of-

• (a) the authorised development or any of its parts;

• (b) the public; or

• (c) the surrounding environment.

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practicable in the circumstances.

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

• (6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

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

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

• (9) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (7).

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

• (11) Section 13⁷² (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

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

Statutory undertakers

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• (1) Subject to the provisions of article 26 (compulsory acquisition of rights and imposition of restrictive covenants), Schedule 9 (protective provisions) and paragraph (2), the undertaker may—

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

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

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

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

• (b) article 36 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

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• (1) Where a street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

• (2) Where a street is stopped up under article 16 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (8) In this article—

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

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

Recovery of costs of new connections

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• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 35 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 35, any person who is—

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

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

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

• (3) This article does not have effect in relation to apparatus to which article 36 (apparatus and rights of statutory undertakers in stopped up streets) ro Part 3 of the 1991 Act applies.

• (4) In this paragraph—

• “public communications provider” has the same meaning as in section 151(1) (interpretation of chapter 1) of the Communications Act 2003⁷⁴; and

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

Special category land

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• (1) On the exercise by the undertaker of the relevant Order powers, so much of the special category land as is required for the purposes of the exercise by the undertaker of the Order rights is discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise by the undertaker of the Order rights.

• (2) So far as the temporary use of land under article 33 (temporary use of land for carrying out the authorised development) is concerned, then the discharge in paragraph (1) is only for such time as the land is being used under that article.

• (3) In this article—

• “Order rights” means the rights and powers exercisable over the special category land by the undertaker under article 26 (compulsory acquisition of rights and imposition of restrictive covenants) and article 33; and

• “special category land” means the land identified as forming part of a public open space numbered 1/2f, 1/2i and 2/2a in the book of reference and on the plan entitled “special category land plans”.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

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

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

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

• (2) In carrying out any activity authorised by paragraph (1) or (4), the undertaker must

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

• (b) pay compensation to any person for any loss or damage arising from such activity; and

• (c) take steps to avoid a breach of the provisions of the Wildlife and Countryside Act 1981⁷⁵ and the Conservation of Habitats and Species Regulations 2017⁷⁶ or any successor acts and regulations.

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

• (4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2) —

• (a) remove any hedgerows within the Order limits and specified in Schedule 8 Part 1 (removal of hedgerows);

• (b) remove the important hedgerows as are within the Order limits and specified in Schedule 8 Part 2 (removal of important hedgerows); and

• (c) without limitation on the scope of sub-paragraph (a), and with the consent of the local authority in whose area the hedgerow is located, remove or translocate any hedgerow within the Order limits that is required to be removed.

• (5) The grant of consent of a local authority in terms of paragraph (4)(c) must not be unreasonably withheld.

• (6) If a local authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (4)(c) the local authority is deemed to have granted consent.

• (7) Any application to which this article applies must include a statement that the provisions of paragraph (6) apply to that application.

• (8) In this article “hedgerow” and “important hedgerow” have the same meaning as in the Hedgerow Regulations 1997⁷⁷.

Trees subject to tree preservation orders

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• (1) The undertaker may fell or lop any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after 24 July 2020, if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub—

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

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

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

• (a) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity;

• (b) the duty contained in section 206(1)⁷⁸ (replacement of trees) of the 1990 Act is not to apply although where possible the undertaker is to seek to replace any trees which are removed; and

• (c) the undertaker must consult the relevant planning authority prior to that activity taking place.

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

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

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

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• (1) This article applies to—

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

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

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

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

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

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

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

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

Operational land for purposes of the 1990 Act

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Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

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• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990⁷⁹ in relation to a nuisance falling within paragraphs (d), (fb), (g) or (ga) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2)⁸⁰ of that Act if—

• (a) the defendant shows that the nuisance—

• (i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974; or

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

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

• (2) Section 61(9)⁸¹ (prior consent for work on construction sites) to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

No double recovery

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Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract, or any rule of law, or under two or more different provisions of this Order.

Disregard of certain improvements etc.

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• (1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the tribunal must not take into account—

• (a) any interest in land; or

• (b) any enhancement of the value of any interest in land by reason of any building erected, works carried out or improvement or alteration made on the relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the carrying out of the works or the making of the improvement or alteration as part of the authorised development was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

• (2) In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works constructed or the improvement or alteration made as part of the authorised development, directly or indirectly concerned.

Set off for enhancement in value of retained land

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• (1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.

• (2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 26 (compulsory acquisition of rights and imposition of restrictive covenants), the tribunal must set off against the value of the rights so acquired—

• (a) any increase in the value of the land over which the new rights are required; and

• (b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

• (3) The 1961 Act has effect, subject to paragraphs (1) and (2) as if this Order were a local enactment for the purposes of that Act.

Appeals relating to the Control of Pollution Act 1974

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• (1) The undertaker may appeal in the event that a local authority issues a notice under section 60 (control of noise on construction sites), or does not give consent or grants consent but subject to conditions, under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974⁸².

• (2) The appeal process is as follows—

• (a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision, or the date by which a decision was due to be made, as the case may be;

• (b) the undertaker must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the local authority and affix a notice to a conspicuous object on or near the site of the works which are the subject of such appeal, which must give details of the decision of the local authority and notice that an appeal has been made together with the address within the locality where the appeal documents may be inspected and details of the manner in which representations on the appeal may be made;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person, a start date and the address to which all correspondence for their attention should be sent;

• (d) the local authority must submit their written representations to the appointed person in respect of the appeal within 10 business days of the start date and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations under sub-paragraph (d); and

• (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

• (3) The appointment of the person under sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal, the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (5) Any further information required under paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person.

• (6) The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day.

• (7) The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the agreed date but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (e).

• (8) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the local authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (9) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside the relevant time limits.

• (10) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (11) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

• (12) Except where a direction is given under paragraph (13) requiring some or all of the costs of the appointed person to be paid by the local authority, the reasonable costs of the appointed person must be met by the undertaker.

• (13) The appointed person may give directions as to the costs of the appeal and as to the parties by whom such costs are to be paid.

• (14) In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to the relevant Planning Practice Guidance published by the Department for Levelling Up, Housing, and Communities or such guidance as may from time to time replace it.

Use of consecrated land

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• (1) Section 239 (use and development of burial grounds) of the 1990 Act applies—

• (a) in relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit use by the undertaker in accordance with the provisions of this Order; and

• (b) in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 33 (temporary use of land for constructing the authorised development) or 34 (temporary use of land for maintaining the authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order,

and in section 240(3) of the 1990 Act reference to a “statutory undertaker” includes the undertaker and reference to “any other enactment” includes this Order.

• (2) The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950⁸³ do not apply to the authorised development.

Protection of interests

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Schedule 9 (protective provisions) to the Order has effect.

Certification of documents, etc.

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

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

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

Service of notices

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

• (a) by post;

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

• (c) with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

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

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978⁸⁴ as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

• (c) the notice or document is legible in all material respects; and

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

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

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

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

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

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

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

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

Arbitration

52

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

Crown Rights

53

• (1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker to use, enter upon or in any manner interfere with any land or rights of any description—

• (a) belonging to Her Majesty in right of the Crown and forming part of The Crown Estate without the consent in writing of the Crown Estate Commissioners;

• (b) belonging to Her Majesty in right of the Crown and not forming part of The Crown Estate without the consent in writing of the government department having the management of that land; or

• (c) belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

• (2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory purchase of any interest in any Crown land (as defined in the 2008 Act) for the time being held otherwise than by or on behalf of the Crown.

• (3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of Norfolk County Council and Broadland, South Norfolk and Breckland District Councils.

The authorised development is a nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 22 (highways)⁸⁵ of the 2008 Act and associated development within the meaning of section 115(2)⁸⁶ of the 2008 Act, comprising—

Work No. 1 – Alteration of the A47 of 9,169 metres in length from a point 370m west of Fox Lane overbridge to a point 180m west of Easton roundabout, including the construction of a mainline dual carriageway, footways, embankments, two laybys, police observation platform, maintenance accesses, approaches and associated drainage and noise barriers shown on sheet numbers 1, 2, 4 to 9 and 11 to 16 of the works plans;

Work No. 2 – a combination of re-surfaced, realigned and new carriageway from Main Road east for 380 metres to the new junction with Lyng Road (Work No. 4) and then 775 metres to re-join the existing A47 alignment at the altered junction with Low Road, including footways, embankments, approaches, associated drainage and flood protection bund shown on sheet numbers 1, 2 and 4 of the works plans;

Work No. 3 – a new driveable access track, associated earthworks and drainage, from an existing access onto Fox Lane and a new field access with passing places, running eastwards for 579 metres to a private property east of Oak Farm, shown on sheet number 1 of the works plans;

Work No. 4 – a combination of new and realigned carriageway, footways, embankments, approaches and associated drainage to form the realigned Lyng Road north of the junction with Work No. 2, shown on sheet number 2 of the works plans;

Work No. 5 – drainage works east of Oak Farm comprising an extension of the existing West Culvert under the proposed A47 mainline dual carriageway (Work No.1) and creation of the new West Culvert under Work No. 2 east of the new junction to the realigned Lyng Road (Work No. 4), shown on sheet number 2 of the works plans;

Work No. 6 – a new drainage basin south east of Oak Farm, plus associated drainage and driveable maintenance access track with an outfall into the local watercourse and a drainage connection to the basin on the southern side of the proposed A47 mainline dual carriageway (Work No.1), shown on sheet number 2 of the works plans;

Work No. 7 – a new drainage basin with associated drainage and driveable maintenance access track south from the A47 mainline dual carriageway (Work No. 1) with an outfall into the River Tud east of Whitford bridge and a drainage connection to the basin, shown on sheet 4 of the works plans;

Work No. 8 – a combination of new and widened carriageway, footways, embankments and associated drainage between the existing Mattishall Lane alignment and the proposed Mattishall Lane Link Road (Work No. 9), shown on sheet number 4 of the works plans;

Work No. 9 – a new carriageway, footways, approaches, drainage and underbridge with cycle track forming the new Mattishall Lane Link Road from the existing A47 471 metres south west to Mattishall Lane, shown on sheet number 4 of the works plans;

Work No. 10 – alteration of the existing A47 and Mattishall Lane junction including the provision of a ghost island and the creation and upgrade of footways on Mattishall Lane and the existing A47 between the new Mattishall Lane Link Road (Work No.9) junction to the west and the Hockering junction with the existing A47 to the east plus the creation of a new field access off Mattishall Lane, shown on sheet 4 of the works plans;

Work No. 11 – a new driveable access track with passing places, from Mattishall Lane south of the proposed A47 mainline dual carriageway (Work No. 1) running eastwards for 469 metres, shown on sheet numbers 4 and 5 of the works plans;

Work No. 12 – a new drainage basin, associated drainage and driveable maintenance access track and a new outfall into the River Tud between Work No. 11 and the River Tud with a drainage connection to the basin, shown on sheet number 5 of the works plans;

Work No. 13 – a new culvert at Newgate House, under the proposed A47 mainline dual carriageway (Work No. 1) south of Gypsy Lane, shown on sheet number 6 of the works plans;

Work No. 14 – a new drainage basin east of Gypsy Lane with associated drainage and a driveable maintenance access track north from the A47 mainline dual carriageway (Work No. 1) with an outfall into the River Tud to the south and a drainage connection under the proposed A47 mainline dual carriageway (Work No. 1) to the basin, shown on sheet number 6 of the works plans;

Work No. 15 – a new drainage basin, associated drainage, a wetland area east of Church Lane, and a driveable maintenance access track from Work No 16, with a new outfall into the River Tud east of Church Lane bridge and a drainage connection to the basin shown on sheet number 7 of the works plans;

Work No. 16 – a new driveable access track with passing place, associated earthworks and drainage, from Church Lane 469 metres east to Work No. 15 and Hillcrest Cottage, shown on sheet numbers 7 and 8 of the works plans;

Work No. 17 – a combination of re-surfaced, realigned and new carriageway with cycle track, embankments, approaches and associated drainage to form the new link road from the existing A47 east of Hockering 913 metres east to Wood Lane junction northern dumbbell roundabout (Work No. 20), shown on sheet numbers 7, 8 and 10 of the works plans;

Work No. 18 – a new carriageway, embankments and associated drainage to form the Wood Lane junction east bound off slip road to the northern dumbbell roundabout, shown on sheet numbers 8, 9 and 10 of the works plans;

Work No. 19 – a new carriageway, embankments and associated drainage to form the Wood Lane junction west bound on slip road from the southern dumbbell roundabout, shown on sheet numbers 8 and 9 of the works plans;

Work No. 20 – a new carriageway, embankments and associated drainage to form the Wood Lane junction northern dumbbell roundabout, shown on sheet number 10 of the works plans;

Work No. 21 – a new Wood Lane junction underbridge and associated carriageway, embankments and drainage between the dumbbell roundabouts (Work Nos. 20 and 22), shown on sheet numbers 9 and 10 of the works plans;

Work No. 22 – a new carriageway, embankments and associated drainage to form the Wood Lane junction southern dumbbell roundabout, shown on sheet number 9 of the works plans;

Work No. 23 – a new carriageway, embankments and associated drainage to form the Wood Lane junction east bound on slip road from the northern dumbbell roundabout, shown on sheet numbers 9 and 10 of the works plans;

Work No. 24 – a new carriageway, embankments and associated drainage to form the Wood Lane junction west bound off slip road to the southern dumbbell roundabout, shown on sheet numbers 9 and 11 of the works plans;

Work No. 25 –a combination of re-surfaced and new carriageway, footways, embankments and associated drainage to form the new B1535 Wood Lane junction with Work No. 17, shown on sheet number 10 of the works plans;

Work No. 26 – a new restricted byway from Hall Farm underpass (Work No. 30) west 781 metres to Work No. 26a the optional cycle track connection to the realigned Wood Lane, shown on sheet numbers 9, 10 and 11 of the works plans;

Work No. 26a – a new cycle track between the realigned B1535 Wood Lane (Work No. 25) and the start of the new restricted byway (Work No. 26) which meets the diverted restricted byway Honingham RB1, shown on sheet number 10 of the works plans;

Work No. 27 – a new drainage basin, associated drainage and driveable maintenance access track, between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1) east of the proposed A47 Wood Lane junction southern dumbbell roundabout (Work No. 22), accessed from Work No. 32, shown on sheet number 9 of the works plans;

Work No. 28 – a combination of realigned and new carriageway with footways, embankments, approaches and associated drainage to form the link to Dereham Road, Honingham, from Work No. 32 and traffic calming measures at Dereham Road , shown on sheet numbers 9 of the works plans;

Work No. 29 – a new bridleway with new cycle track between Berrys Lane and Dereham Road to replace an existing parallel footpath, shown on sheet number 9 of the works plans;

Work No. 30 – a new Hall Farm underpass, access road to the existing A47 and new section of associated access ramps joining the new restricted byway from Wood Lane junction (Work No. 26), shown on sheet number 11 of the works plans;

Work No. 31 – a new drainage basin between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1) and south east of Hall Farm underpass (Work No. 30), with associated drainage connections and a driveable maintenance access track to the Hall Farm access track (Work No. 30), shown on sheet number 11 of the works plans;

Work No. 32 – reconfiguration of the existing A47 carriageway north of Honingham with a new cycle track, embankments and associated drainage, including a ghost island at the existing A47 junction with the realigned Dereham Road (Work No.28) and modified Honingham bypass structure over the River Tud, between the Wood Lane junction southern dumbbell roundabout (Work No. 22) east 1,663 metres to the existing A47 Honingham roundabout , shown on sheet numbers 9, 11, 12 and 13 of the works plans;

Work No. 33 – a new driveable private access track with passing places, associated earthworks and drainage, connecting Hall Farm to Hall Farm underpass and access road (Work No. 30), shown on sheet number 11 of the works plans;

Work No. 34 – a new drainage basin, east of the proposed A47 mainline dual carriageway (Work No. 1) and north of the new A47 River Tud crossing (Work No. 35), with associated drainage and a driveable access track from Work No. 1, shown on sheet number 12 of the works plans;

Work No. 35 – a new bridge structure over the River Tud with new carriageway, embankments, approaches and associated drainage for the A47 River Tud crossing, with associated flood risk compensation earthworks south of the River Tud between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1) including fences for the protection of bats shown on sheet number 12 of the works plans;

Work No. 36 – a new drainage basin and wetland area south of the River Tud crossing (Work No. 35), between the existing A47 and proposed A47 mainline dual carriageway (Work No. 1), with associated drainage connections and a new outfall to the River Tud west of the River Tud crossing and driveable maintenance access track from Work No. 32, shown on sheet number 12 of the works plans;

Work No. 37 – a new cycle track between Honingham roundabout and the existing A47 west of St Andrew’s Church (Work No. 39), new Honingham church underpass, embankments, and drainage shown on sheet number 13 of the works plans;

Work No. 38 – a replacement hardstanding area west of St Andrew’s Church, Honingham, and associated access road to the existing A47 (Work No. 39), shown on sheet number 13 of the works plans.

Work No. 39 –alteration and reconfiguration of the existing A47 between the proposed cycle track (Work No. 37) and Taverham Road to provide a single lane access road incorporating parking spaces, a vehicle turning area, a secure access gate and adjacent cycle track south east of St Andrew’s Church, shown on sheet numbers 13 and 14 of the works plans;

Work No. 40 – realigned new carriageway, footways, embankments, and drainage between Honingham roundabout and the proposed Norwich Road junction southern dumbbell roundabout (Work No. 46), shown on sheet numbers 13 and 14 of the works plans;

Work No. 41 – a new drainage basin and wetland area, associated drainage with new outfall to the River Tud and driveable access track, east of Taverham Road and between the River Tud and Work No. 47, shown on sheet 14 of the works plans;

Work No. 42 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction eastbound off-slip road to the northern dumbbell roundabout, shown on sheet numbers 13 and 14 of the works plans;

Work No. 43 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction westbound on-slip road from the southern dumbbell roundabout, shown on sheet numbers 13 and 14 of the works plans;

Work No. 44 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction northern dumbbell roundabout, shown on sheet number 14 of the works plans;

Work No. 45 – a new Norwich Road junction underbridge and associated carriageway, embankments and drainage between the dumbbell roundabouts (Work Nos. 44 and 46), shown on sheet number 14 of the works plans;

Work No. 46 – a new carriageway, embankments and drainage to form the proposed Norwich Road junction southern dumbbell roundabout, shown on sheet number 14 of the works plans;

Work No. 47 – a new and altered carriageway, footways, embankment and drainage from the proposed Norwich Road junction northern dumbbell roundabout (Work No. 44) north 270 metres to Taverham Road, shown on sheet number 14 of the works plans;

Work No. 48 – new carriageway, embankments, approaches and drainage to form the proposed Norwich Road junction east bound on slip road from the northern dumbbell roundabout, shown on sheet numbers 14 and 15 of the works plans;

Work No. 49 – a new carriageway, embankments, approaches and drainage to form the proposed Norwich Road junction west bound off slip road to the southern dumbbell roundabout, shown on sheet numbers 14 and 15 of the works plans;

Work No. 50 – a realigned and new carriageway, embankments, approaches and drainage from the proposed Norwich Road junction southern dumbbell roundabout (Work No. 46) east 1,265 metres to Dereham Road, Easton, shown on sheet numbers 14, 15 and 16 of the works plans;

Work No. 51 – a new carriageway from the realigned Taverham Road (Work No. 47) to a new field access and a new cycle track to Church Lane, Easton, plus associated embankments and drainage, shown on sheet numbers 14, 15 and 16 of the works plans;

Work No. 52 – a new Easton footbridge, embankments, drainage and access ramps to carry a cycle track between Church Lane, north of the A47, and Dereham Road, Easton, shown on sheet numbers 15 and 16 of the works plans;

Work No. 53 – alterations to Church Lane carriageway, embankments and drainage to create a new driveable access road and new cycle track linking Work No. 52 with the junction of Church Lane with Ringland Road, shown on sheet number 16 of the works plans;

Work No. 54 – altering the southern corner of Rotten Row and Church Lane junction with associated drainage alterations, shown on sheet number 17 of the works plans;

Work No. 55 – southern end of a surface water drainage channel crossing the new driveable access track, between Church Lane and Hillcrest Cottage (Work No. 16) from the north side, shown on sheet number 8 of the works plans;

Work No. 56 – flood alleviation compensation and environmental mitigation area including earthworks, embankments, new ponds, new wetlands and watercourse alterations north of Work No. 2 and east of Lyng Road, shown on sheet 2 and sheet number 2 (inset A) of the works plans;

Work No. 57 – flood alleviation compensation and environmental mitigation area, including watercourse alterations and new wetlands, north of The Street and to the east of Hockering, shown on sheet number 6 and sheet number 6 (inset B) of the works plans;

Work No. 58 – a temporary material storage, management and processing area south of the proposed A47 mainline dual carriageway (Work No. 1), south east of Work No. 5, east of Lyng Road and north of Low Road, shown on sheet 2 of the works plans;

Work No. 59 – a traffic management site compound between the existing A47, Low Road, the proposed A47 mainline dual carriageway (Work No. 1) and the proposed Mattishall Lane Link Road (Work No. 9), shown on sheet 4 of the work plans;

Work No. 60 – a temporary material storage area between the existing A47, the proposed A47 mainline dual carriageway (Work No. 1), the proposed Mattishall Lane Link Road (Work No. 9) and existing Mattishall Lane, shown on sheet 4 of the works plans;

Work No. 61 – a temporary material storage, management and processing area, between the existing A47 and proposed A47 mainline dual carriageway (Work No.1) south east of Hockering, shown on sheet numbers 6 and 7 of the works plans;

Work No. 62 – a temporary compound area, including material storage, management and processing, south of the proposed A47 mainline dual carriageway (Work No. 1), east of Hillcrest Cottage and south west of the proposed A47 Wood Lane Junction southern dumbbell roundabout (Work No. 22), including a temporary connection to existing overhead 11kV electricity cables shown on sheets 8 and 9 of the works plans;

Work No. 63 – a temporary material storage area south and west of the proposed A47 Wood Lane Junction southern dumbbell roundabout (Work No. 22), shown on sheet 9 of the works plans;

Work No. 64 – a material storage area north of the proposed A47 mainline dual carriageway (Work No. 1) and east of the proposed A47 Wood Lane Junction northern dumbbell roundabout (Work No. 20), shown on sheet numbers 10 and 11 of the works plans;

Work No. 65 – a temporary main compound area, including material storage, management and processing, south of the existing A47 Honingham roundabout, shown on sheet 13 of the work plans;

Work No. 66 – a temporary material storage, management and processing area south of the existing A47 Honingham roundabout adjacent to east side of Work No. 65, shown on sheet 13 of the work plans;

Work No. 67 – a temporary material storage, management and processing area north east of the proposed A47 Norwich Road junction northern dumbbell roundabout (Work No. 44) and east of Work No. 41, shown on sheet 14 of the works plans;

Work No. 68 – a temporary material storage, management and processing area east of the proposed Norwich Road junction southern dumbbell roundabout (Work No. 46), shown on sheet numbers 14 and 15 of the works plans;

Work No. 69 –a temporary material storage, management and processing area north of the proposed A47 mainline dual carriageway (Work No. 1) situated between Work Nos. 93 and 94, shown on sheet number 15 of the works plans;

Work No. 70 –a temporary material storage, management and processing area north of the proposed A47 mainline dual carriageway (Work No. 1) situated between Work No. 93 and 94, shown on sheet number 15 of the works plans;

Work No. 71 – a temporary compound area north of the existing Easton roundabout and west of Church Lane, Easton, shown on sheet numbers 15 and 16 of the works plans;

Work No. 72 – a temporary material storage, management and processing area north of Work No. 71 and between Work No. 94 and Church Lane, Easton, shown on sheet numbers 15 and 16 of the works plans;

Work No. 73 – removal of the overhead electronic communications cables crossing Work No.1 and 2 between Poppy Wood and Oak Farm, shown on sheet numbers 1 and 2 of the works plans;

Work No. 74 – diversion of potable water pipes and overhead electronic communications and low voltage electricity utility cables along the route of and to the west of the existing Mattishall Lane and crossing Work Nos. 1, 8, 9, 10 and 11, shown on sheet number 4 of the works plans;

Work No. 75 – undergrounding an overhead electronic communications utility line along Mill Lane, Hockering, crossing Work No. 1, shown on sheet number 5 of the works plans;

Work No. 76 – diversion and undergrounding an overhead 11kV electricity line crossing Work No. 1 between the existing A47 and the River Tud, east of Mill Lane, Hockering, shown on sheet number 5 of the works plans;

Work No. 77 – diversion of a main effluent pipeline crossing Work No. 1 between Hockering Water Recycling Centre, Gypsy Lane, and the River Tud, shown on sheet number 6 of the works plans;

Work No. 78 – diversion and undergrounding of an overhead 11kV electricity line crossing Work No. 1 south east of Gypsy Lane and west of a private property at the western end of Trap’s Lane, shown on sheet numbers 6 and 7 of the works plans;

Work No. 79 – diversion and undergrounding of an overhead 11kV electricity line crossing Work No. 1 between the existing A47 and Trap’s Lane, west of Church Lane, shown on sheet number 7 of the works plans;

Work No. 80 – diversion of potable water pipeline and electronic communications cables crossed by Work No. 1, 15, 16 and 17 between the existing A47 and the Church Lane properties and between Church Lane and Hillcrest Cottage, shown on sheet numbers 7 and 8 of the works plans;

Work No. 81 – installation of ducts, cables and apparatus for utilities and electronic communications code operators in north side of the verge of Work No. 17 between the existing A47 and Wood Lane junction northern dumbbell roundabout (Work No. 20), shown on sheet numbers 7, 8 and 10 of the works plans;

Work No. 82 – removal of electronic communications overhead utility cables to Hillcrest Cottage replaced by Work Nos. 80 and 83, shown on sheet number 8 of the works plans;

Work No. 83 – installation of ducts, cables and apparatus for utilities electronic communications code operators along the track between Hillcrest Cottage and Wood Lane junction southern dumbbell roundabout (Work No. 22) crossing Work Nos 1 and 16, shown on sheet numbers 8 and 9 of the works plans;

Work No. 84 – diversion of a high pressure gas pipeline, potable water pipeline and overhead electronic communications and low voltage electricity utility cables along Wood Lane, the existing A47, Berrys Lane and Dereham Road, Honingham, affected by Works Nos. 1, 19, 22, 23, 24, 26, 27, 28, 29 and 32, shown on sheet numbers 9 and 10 of the works plans;

Work No. 85 – diversion and undergrounding of electronic communications overhead utility cables, east of Wood Lane, crossing Work Nos. 1, 17, 18, 20, 21, 22, 24, 25 and 26a, shown on sheet numbers 9 and 10 of the works plans;

Work No. 86 – diversion of 11kV electricity cables crossing the new junction between the new Hall Farm underpass and access road (Work No. 30) and the existing A47, shown on sheet number 11 of the works plans;

Work No. 87 – diversion and undergrounding of electronic communications overhead utility cables along the access track to Hall Farm from the existing A47 crossing Work Nos. 1 and 33, shown on sheet number 11 of the works plans;

Work No. 88 – diversion and undergrounding an overhead 11kV electricity cable crossing Work No. 1 between the existing A47 and Hall Farm, shown on sheet number 11 of the works plans;

Work No. 89 – diversion of a potable water pipeline, an effluent pipeline, overhead electronic communications and low voltage electricity utility cables between the existing Honingham roundabout and existing A47 east of St Andrew’s Church crossed by Works Nos. 1, 32, 37, 38, 39 and 40, shown on sheet numbers 12, 13 and 14 of the works plans;

Work No. 90 – diversion of electricity and electronic communications utility cables crossing the existing A47 and realigned Taverham Road (Works No. 39 and 47), shown on sheet number 14 of the works plans;

Work No. 91 – diversion of electronic communication utility cables crossed by Work Nos. 1, 39, 40, 42, 43 and 47, from Church Farm bridge south along Taverham Road and Blind Lane, then east along Red Barn Lane and Church Road to a connection beside Dereham Road, south-east of St Peter’s Church, Easton, shown on sheet numbers 14, 15, 16, 18 and 19 of the works plans;

Work No. 92 – diversions on the north side of the proposed A47 mainline dual carriageway (Work No. 1) of a potable water pipeline, an effluent pipeline and overhead electronic communications and low voltage electricity utility cables between Taverham Road and Dereham Road, Easton, crossed by the proposed A47 mainline dual carriageway (Work No. 1), Norwich Road junction northern dumbbell roundabout (Work No. 44) and connecting slip roads and side roads, shown on sheet numbers 14 and 15 of the works plans;

Work No. 93 – alterations to the overhead 132kV electricity line with associated temporary work areas between the pylons with temporary access routes to Taverham Road and Church Road, Easton, shown on sheet numbers 15, 19 and 20 of the works plans;

Work No. 94 – installation of the onshore connection works west of Easton consented as part of the Hornsea Three Offshore Wind Farm Order 2020, comprising up to six cable circuits and associated electrical circuit ducts under Works Nos. 1, 50 and 51, and associated link boxes, joint bays, cable ducts, cable protection, joint protection, manholes, marker posts, underground cable marker, tiles and tape, and lighting and other works associated with cable laying, haul roads, vehicular accesses and construction compounds or if horizontal direction drilling is to be used, horizontal direction drilling compounds shown on sheet numbers 15 and 19 of the works plans;

Work No. 95 – removal of existing 11kV overhead electricity utility cables and installation of new ground based sub-station beside Dereham Road with low voltage connection to existing network in highway boundary, shown on sheet numbers 15 and 16 of the works plans;