The A47 Wansford to Sutton Development Consent Order 2023

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 22 (protective work to buildings), 34 (temporary use of land for carrying out the authorised development) or 35 (temporary use of land for maintaining the authorised development) of the A47 Wansford to Sutton Development Consent Order 2023.

Application of the 1981 Act

31

• (1) The 1981 Act applies as if this Order were a compulsory purchase order.

• (2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

• (3) In section 1 (application of Act), for subsection 2 substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

• (4) In section 5(2)⁶³ (earliest date for execution of declaration), omit the words from “, and this subsection” to the end.

• (5) Omit section 5A⁶⁴ (time limit for general vesting declaration).

• (6) In section 5B(1)⁶⁵ (extension of time limit during challenge), for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in Section 5A”, substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 26 (time limit for exercise of authority to acquire land compulsorily) of the A47 Wansford to Sutton Development Consent Order 2023”.

• (7) In section 6(1)(b)⁶⁶ (notices after execution of declaration), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

• (8) In section 7(1)(a)⁶⁷ (constructive notice to treat) omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

• (9) In Schedule A1⁶⁸ (counter-notice requiring purchase of and not in general vesting declaration) for paragraph 1(2) substitute—

(2) But see article 32(3) (acquisition of subsoil or airspace only) of the A47 Wansford to Sutton Development Consent Order 2023, which excludes the acquisition of subsoil or airspace only from this Schedule.

• (10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125⁶⁹ (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 30 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace only

32

• (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 24 (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 30 (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)⁷⁰ (blighted land: proposed acquisition of part interest; material detriment test) of the Town and Country Planning Act 1990.

• (4) Paragraphs (1) and (2) 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

33

• (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, as if it were a 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

34

• (1) The undertaker may, in connection with the carrying out of the authorised development, but subject to article 26 (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 11⁷¹ (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 Act⁷²;

• (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, 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;

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

• (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) Any dispute as to the removal of temporary works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

• (8) Nothing in this article affects any liability to pay compensation under section 152⁷³ (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).

• (9) 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 of or airspace over (or rights in the subsoil of or airspace over) that land under article 32 (acquisition of subsoil or airspace only).

• (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 13⁷⁴ (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 Act⁷⁵.

• (12) 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 24 (compulsory acquisition of land) or article 27 (compulsory acquisition of rights and imposition of restrictive covenants).

Temporary use of land for maintaining the authorised development

35

• (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, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

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

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

• (11) Section 13 (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

36

• (1) Subject to the provisions of article 27 (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 37 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

37

• (1) Where a street is stopped up under article 17 (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 17 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.

Recovery of costs of new connections

38

• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 36 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

• (2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 36, any person who is—

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

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

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

• (3) This article does not have effect in relation to apparatus to which article 37 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

• (4) In this article, “public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

39

• (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 1981⁷⁶ and the Conservation of Habitats and Species Regulations 2017⁷⁷ 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) Subject to paragraph (2), the undertaker may, for the purposes of carrying out the authorised development—

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

• (b) remove the important hedgerows that are within the Order limits and specified in Part 2 (removal of important hedgerows) of Schedule 8; 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 Hedgerows Regulations 1997⁷⁸.

Trees subject to tree preservation orders

40

• (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 23 March 2021 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)⁷⁹ (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 as if it were a dispute under Part 1 of the 1961 Act.

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

41

• (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

42

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

43

• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within section 79(1)(g) (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 1974⁸¹; 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) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Disregard of certain improvements etc.

44

• (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

45

• (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 27 (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.

Protection of interests

46

Schedule 9 (protective provisions) has effect.

Certification of documents, public register, etc.

47

• (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 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 is required to be amended to accord with 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.

• (4) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a copy of each of the documents listed in Schedule 10 as may be amended in accordance with paragraph (2).

Service of notices

48

• (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 7⁸² (references to service by post) of the Interpretation Act 1978 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

49

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

50

• (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 His 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 His 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 His 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.

Removal of human remains

51

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

• (2) Subject to paragraph (11) before any such remains are removed from the specified land the undertaker must consult the local planning authority on the intended removal, following which the undertaker must give notice of the intended removal describing the specified land and stating the general effect of the following provisions of this article by—

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

• (b) displaying a notice in a conspicuous place on or near to the specified land for a minimum of 28 days.

• (3) As soon as reasonably practicable after the first publication of a notice under paragraph (2) the undertaker must send a copy of the notice to the local planning authority.

• (4) At any time within 56 days after the first publication of a notice under paragraph (2) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

• (5) Where a person has given notice under paragraph (4), and the remains in question can be identified, that person may cause such remains to be—

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

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

and that person is to, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (10).

• (6) If the undertaker is not satisfied that any person giving notice under paragraph (4) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

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

• (8) If—

• (a) within the period of 56 days referred to in paragraph (4) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land;

• (b) such notice is given and no application is made under paragraph (6) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days;

• (c) within 56 days after any order is made by the county court under paragraph (6) any person, other than the undertaker, specified in the order fails to remove the remains; or

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

subject to paragraph (9) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves are to be reinterred in individual containers which are to be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

• (9) If the undertaker is satisfied that any person giving notice under paragraph (4) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

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

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

• (b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (8) is to be sent by the undertaker to the local planning authority.

• (11) No notice is required under paragraph (2) before the removal of any human remains where the undertaker is satisfied—

• (a) that the remains were interred more than 100 years ago; and

• (b) that no relative or personal representative of the deceased is likely to object to the remains being removed in accordance with this article.

• (12) In the case of remains in relation to which paragraph (11) applies, the undertaker—

• (a) may remove the remains;

• (b) must apply for a direction from the Secretary of State under paragraph (13) as to their subsequent treatment; and

• (c) must deal with the remains in such manner, and subject to such conditions, as the Secretary of State directs.

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

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

• (15) Section 25⁸³ (offence of removal of body from burial ground) of the Burial Act 1857 does not apply to a removal carried out in accordance with this article.

• (16) 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 34 (temporary use of land for carrying out the authorised development) or 35 (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 section 240 of the 1990 Act is to be interpreted in accordance with paragraph (17).

• (17) In section 240 of the 1990 Act—

• (a) reference in subsection (1) to “regulations made for the purposes of sections 238(3) and (4) and 239(2)” means, so far as applicable to land or a right over land acquired under this Order, paragraphs (2) to (15) of this article; and

• (b) reference in subsection (3) to a “statutory undertaker” includes the undertaker and reference to “any other enactment” includes this Order.

• (18) The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950⁸⁴ do not apply to the authorised development.

• (19) In this article “the specified land” means any land within the Order limits.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of Peterborough City Council

The authorised development is a nationally significant infrastructure project as defined in sections 14⁸⁵ (nationally significant infrastructure projects: general) and 22⁸⁶ (highways) of the 2008 Act and associated development within the meaning of section 115(2)⁸⁷ (development for which development consent may be granted) of the 2008 Act, comprising—

Work No. 1 – Dualling of the A47 mainline from the existing Wansford eastern roundabout for 2,600 metres to the termination point to the east for tie into existing A47 including earthworks and associated drainage, as shown on sheets 3, 4, 6 and 7 of the works plans;

Work No. 2 – A new private means of access to 4 properties and a service vehicle turning point including earthworks and associated drainage, as shown on sheet 1 of the works plans;

Work No. 3 – Diversion, protection and removal of potable water pipes, electronic communication cables and apparatus, and overhead and underground electricity cables as shown on sheet 1 of the works plans;

Work No. 4 – Protection of NGG gas pipeline as shown on sheet 1 of the works plans;

Work No. 5 – Diversion and removal of underground electronic communication cables and apparatus, and underground electricity cables as shown on sheets 1 and 2 of the works plans;

Work No. 6 – A new carriageway to create a free flow link from A1 southbound to the dualled A47 eastbound (Work No. 1) for 634 metres including embankments and associated drainage, as shown on sheets 1, 2 and 3 of the works plans;

Work No. 7 – Extension to the existing A1 southbound culvert and environmental mitigation to the existing burn and ditch for a length of 400 metres, as shown on sheets 2 and 3 of the works plans;

Work No. 8 – Diversion of 11kV electricity cable as shown on sheets 2 and 3 of the works plans;

Work No. 9– Removal of underground electricity cables as shown on sheets 2 and 3 of the works plans;

Work No. 10 – A new balancing pond west of the new free flow link from A1 southbound to the dualled A47 eastbound (Work No. 6) and north of Work No. 11 including earthworks, drainage inlets/outlets and a maintenance access track as shown on sheets 2 and 3 of the works plans;

Work No. 11 – Improvements to the existing A1/A47 on and off ramps to the Wansford eastern roundabout including earthwork widening for 203 metres from the A1 southbound diverge to the Wansford eastern roundabout with a spur 116 metres from the Wansford eastern roundabout, for 65 metres, to the A1 southbound merge as shown on sheets 2 and 3 of the works plans;

Work No. 12 – Improvement to the eastbound carriageway of the existing A47 from a point 42 metres west of the Wansford western roundabout for 268 metres over the A1 including the realignment of the central reserve and a new cycle crossing point at the Wansford western roundabout as shown on sheet 2 and 3 of the works plans;

Work No. 13 – Improvements to the existing A47 Wansford eastern roundabout including widening, earthworks and drainage as shown on sheet 3 of the works plans;

Work No. 14 – Diversion and removal of electricity cables as shown on sheet 3 of the works plans;

Work No. 15 – A new 900.20 metre length of carriageway to form a new link road from A47 Wansford eastern roundabout (Work No. 13) a new A47 westbound off slip from the dualled A47 (Work No.1) including earthworks, associated drainage and along part of a cycle track as shown on sheets 3 and 4 of the works plans;

Work No. 16 – Diversion and removal of electronic communication and cables and apparatus and diversion of water pipes and construction of a site office and construction areas as shown on sheets 3 and 4 of the works plans;

Work No. 17 – Two new balancing ponds and construction areas east and north of the new link to filling station and Sacrewell Farm (Work No. 15) and south of the dualled A47 (Work No. 1) including earthworks and drainage inlets and outlets between ponds an outlet to the river Nene and a maintenance access track as shown on sheet 3 of the works plans;

Work No. 18 – Diversion and removal of electricity cables as shown on sheet 3 of the works plans;

Work No. 19 – Realignment pumping station access road for 45 metres including earthworks and drainage as shown on sheet 3 of the works plans;

Work No. 20 – Realignment of footpath to the south of the dualled A47 (Work No. 1) as shown on sheet 4 of the works plans;

Work No. 21 – A new Sacrewell Farm access road connecting to Work No. 15 and running north for 312.75 metres passing through the Sacrewell Farm underbridge including earthworks and drainage as shown on sheet 3 of the works plans;

Work No. 22 – A new access track from Sacrewell Farm access road (Work No. 21) for 21.30 metres to the existing access track including improvements to the existing access as shown on sheet 3 of the works plans;

Work No. 23 – Realignment of shared cycle track and permissive bridleway and formation of a means of access as shown on sheet 3 of the works plans;

Work No. 24 – Temporary welfare and compound area including a haul route to Works Nos. 6, 7, 8, 9 and 10 as shown on sheets 2 and 3 of the works plans;

Work No. 25 – A new Sacrewell Farm underbridge under the dualled A47 (Work No. 1) including structural units, concrete foundations, drainage and waterproofing as shown on sheet 3 of the works plans;

Work No. 26 – Diversion and removal of electricity cable to mobile mast as shown on sheet 3 of the works plans;

Work No. 27– Protection, diversion and resilience works to large diameter water pipelines and associated apparatus as shown on sheet 3 of the works plans;

Work No. 28 – A new balancing pond to the north of the dualled A47 (Work No. 1) including drainage inlets, an outlet to river Nene to the south and an access track as shown on sheet 4 of the works plans;

Work No. 29 – Diversion and removal of overhead electrical cables as shown on sheets 4 and 6 of the works plans;

Work No. 30 – Replacement of Wansford Sluice under the dualled A47 (Work No. 1) between Willow Brook and the existing ditch outlet to river Nene on the south as shown on sheet 4 of the works plans;

Work No. 31 – A new balancing pond to the south of the existing A47 (Work No. 41) including drainage inlets and an outlet to Wansford Sluice (Work No. 30) to the west and an access track as shown on sheet 4 of the works plans;

Work No. 32 – A flood compensation area to the south of the dualled A47 (Work No. 1) consisting of tree clearance, ground works and ground stabilisation as shown on sheet 4 of the works plans;

Work No. 33 – New access track to balancing pond (Work No. 31) and together with a new bridleway over the access track and access ramps north and south of the dualled A47 (Work No. 1) leading to the new underpass (Work No. 35) to create a walking, cycling, horse riding route including earthworks and drainage as shown on sheet 4 of the works plans;

Work No. 34 – Demolition of Station House and construction of a new bat hotel as shown on sheet 4 of the works plans;

Work No. 35 – A new underpass below the dualled A47 (Work No. 1) for walking, cycling and horse-riding including embankments, drainage and waterproofing as shown on sheet 4 of the works plans;

Work No. 36 – Diversion and removal of electronic communication cables and apparatus, electrical cables and potable water pipes and associated apparatus as shown on sheets 4, 5 and 6 of the works plans;

Work No. 37 – A new turning head on Sutton Heath Road adjacent to Station House as shown on sheet 4 of the works plans;

Work No. 38 – A temporary welfare and compound area including a haul road to the north of the dualled A47 (Work No. 1) and a new temporary access track from Work No. 37 as shown on sheets 4, 5 and 6 of the works plans;

Work No. 39– Ecological works and landscaping area to the south of the dualled A47 (Work No. 1) as shown on sheet 6 of the works plans;

Work No. 40 – Conversion works to the existing A47 to create a new private means of access, part cycle track and part bridleway from the dualled A47 (Work No. 1) running east for 590 metres to the new link road to Sutton Heath roundabout (Work No. 45) as shown on sheets 4 and 6 of the works plans;

Work No. 41 – A realigned carriageway Sutton Heath Road for 150 metres to Work No. 42 including earthworks and drainage as shown on sheet 5 of the works plans;

Work No. 42 – A new carriageway from the new Sutton Heath roundabout (Work No. 44) north for 718 metres to Sutton Heath Road including earthworks and drainage and access points as shown on sheets 5 and 6 of the works plans;

Work No. 43 – Realignment of the existing junction between Sutton Heath Road and Langley Bush Road to create a new junction with the new link to Sutton Heath Road (Work No. 42) for 57 metres including earthworks and drainage as shown on sheet 5 of the works plans;

Work No. 44 – A new Sutton Heath roundabout including earthworks, drainage and a safety barrier as shown on sheet 6 of the works plans;

Work No. 45 – A new part improved carriageway from Sutton Heath roundabout (Work No. 44) for 1,019 metres to Peterborough Road to form the new link road including earthworks, drainage and cycle track as shown on sheets 6 and 7 of the works plans;

Work No. 46 – A new infiltration pass with drainage inserts to a pond and an access track, to the north of the new link road (Work No. 45) and to the south of the dualled A47 (Work No. 1) as shown on sheet 6 of the works plans;

Work No. 47 – Alterations to The Drift to prevent vehicular traffic and provide a bridleway together with a new turning head to the existing Drift including fencing and gates as shown on sheet 6 of the works plans;

Work No. 48 – Diversion and removal of existing electronic communication cables and apparatus, underground electricity cables, and potable water pipes as shown on sheets 6 and 7 of the works plans;

Work No. 49 – Protection, diversion and resilience works to potable water pipes and associated apparatus as shown on sheets 6 and 7 of the works plans;

Work No. 50 – A new attenuation basin to the south of the dualled A47 (Work No. 1) including inlet and outlets with a connection to positive drainage, an access track and breaking up and removal of existing carriageway as shown on sheet 7 of the works plans;

Work No. 51 – Realignment of the junction between Peterborough Road and Nene Way for 28 metres including earthworks, drainage and footways as shown on sheet 7 of the works plans;

Work No. 52 – Diversion and removal of electricity cables to the east of Work No. 51 as shown on sheet 7 of the works plans;

Work No. 53 – A new turning head and access on Upton Road adjacent to Lower Lodge Farm including fencing and gates as shown on sheet 7 of the works plans;

Work No. 54 – Diversion and removal of existing underground electricity cables, electronic communication cables and apparatus and potable water pipes along Upton Road as shown on sheet 7 of the works plans;

Work No. 55 – Improvements to the existing Upton Drift including passing places, widening the metalled surface into highway verge, straightening of the S- bend and sight lines and widening of its existing junction with Langley Bush Road and the existing injunction adjacent to Model Farm for 639 metres including earthworks and drainage as shown on sheet 5 of the works plans;

Work No. 56 – Diversion of electronic overhead and underground communication cables and apparatus as shown on sheet 5 of the works plans;

Work No. 57 – Diversion of a 11kV electricity cable as shown on sheet 5 of the works plans;

Work No. 58 – Diversion of the underground cables and protection of the foul sewer as shown on sheet 5 of the works plans;

Work No. 59– A new traffic sign indicating The Drift is closed to vehicles as shown on sheet 7 of the works plans.

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

• (a) alteration to the layout of any street permanently or temporarily, including as part of detrunking or stopping up orders, including but not limited to increasing or reducing the width of the carriageway of the street by reducing or increasing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level of any such kerb, footpath, footway, cycle track or verge; installing low noise surfacing; and landscaping sections of disused sections;

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

• (c) ramps, means of access, non-motorised links, footpaths, cycle tracks and crossing facilities;

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

• (e) street works, including breaking up or opening up a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;

• (f) works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, soakaways, pipes, cables, ducts, traffic signals and lights;

• (g) works to alter the course of or otherwise interfere with a watercourse;

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

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

• (j) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths); earthworks (including soil stripping and storage, site levelling); remediation of contamination;

• (k) the felling of trees;

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

• (m) the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development; and

• (n) such other works, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “completed” means the relevant parts of the authorised development are completed and fully open to traffic and completion is to be construed accordingly;

• “contaminated land” has the same meaning as that term is given in section 78A of the Environmental Protection Act 1990⁸⁸;

• “DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;

• “EMP (First Iteration)” means the first iteration of the environmental management plan produced in accordance with the DMRB during the preliminary design stage and certified by the Secretary of State as the environmental management plan for the purposes of this Order under article 47 (certification of documents, public register, etc.);

• “EMP (Second Iteration)” means the second iteration of the environmental management plan produced in accordance with the DMRB, which is to be a refined version of the EMP (First Iteration) including more detailed versions of the outline plans contained or listed within the EMP (First Iteration) or any other plans as required;

• “EMP (Third Iteration)” means the third iteration of the environmental management plan produced in accordance with the DMRB, which is a refined version of the EMP (Second Iteration) and which relates to the operational and maintenance phase of the authorised development;

• “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 2017⁸⁹;

• “Landscape and ecology management plan” means the management plan included at Annex B.5 to the EMP (First Iteration);

• “the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

• “masterplan” means the environmental masterplan certified by the Secretary of State for the purposes of this Order;

• “nationally protected species” means any species protected under the Wildlife and Countryside Act 1981⁹⁰ or which are European protected species;

• “REAC” means the Register of Environmental Actions and Commitments forming table 3.1 of the EMP (First Iteration).

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