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The A303 (Amesbury to Berwick Down) Development Consent Order 2023

Type Statutory-Instrument

Publication 2023-07-14

Last updated 2023-08-04

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(6) On any such days as the undertaker may determine, unless otherwise agreed in writing with the local highway authority, the roads described in Part 9 of Schedule 9 are to cease to be trunk roads as if they had ceased to be trunk roads by virtue of an order made under section 10(2) of the 1980 Act specifying that date as the date on which they were to cease to be trunk roads.

(7) The application of paragraphs (1) to (6) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters.

Clearways

47

(1) From such day as the undertaker may determine, except as provided in paragraph (2) below, no person is to cause or permit any vehicle to wait on any part of the lengths of road described in column (2) of Part 2 (clearways and prohibitions) of Schedule 10 (traffic regulation measures) where it is identified that such lengths of road are to become a clearway in the corresponding row of column (3) of that Part, except upon the direction of, or with the permission of, a uniformed constable or uniformed traffic officer.

(2) Nothing in paragraph (1) applies—

(a) to render it unlawful to cause or permit a vehicle to wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i) the removal of any obstruction to traffic;

(ii) the maintenance, improvement, reconstruction or operation of the road;

(iii) the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any electronic communications apparatus as defined in Schedule 3A (the electronic communications code) to the Communications Act 2003⁹⁶; or

(iv) any building operation or demolition;

(b) in relation to a vehicle being used—

(i) for police, ambulance, fire and rescue authority or traffic officer purposes;

(ii) in the service of a local authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

(iii) in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991⁹⁷; or

(iv) by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Service Act 2000⁹⁸; or

(i) required by law to stop;

(ii) obliged to stop in order to avoid an accident; or

(iii) prevented from proceeding by circumstances outside the person’s control.

(3) No person is to cause or permit any vehicle to wait on any part of the roads described in paragraph (1) for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

(4) Paragraphs (1), (2) and (3) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

(5) In this article, “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the Traffic Management Act 2004⁹⁹.

Traffic regulation measures

48

(1) Subject to the provisions of this article, and from any such days as the undertaker may determine—

(a) no person is to drive any motor vehicle at a speed exceeding the limit in miles per hour specified in column (3) of Part 1 (speed limits) of Schedule 10 (traffic regulation measures) along the lengths of road identified in the corresponding row of column (2) of that Part;

(b) no person is to drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a speed limit sign displayed on a variable message sign (paragraphs (3), (4) and (5) make further provision in respect of variable speed limits);

(c) subject to paragraph (2) and article 47 (clearways), the restrictions specified in column (3) of Part 2 (clearways and prohibitions) of Schedule 10 are to apply to the lengths of road identified in the corresponding row of column (2) of that Part; and

(d) the orders specified in column (3) of Part 3 (revocations and variations of existing traffic regulation orders) of Schedule 10 are to be varied or revoked as specified in the corresponding row of column (4) of that Part in respect of the lengths of roads specified in the corresponding row of column (2) of that Part.

(2) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011¹⁰⁰ when used in accordance with regulation 3(5) of those regulations.

(3) A section of road is subject to a variable speed limit in relation to a vehicle being driven along it if—

(a) the section of road is identified in column (2) of Part 1 (speed limits) of Schedule 10 as being subject to a variable speed limit in column (3) of that Part;

(b) the vehicle has passed a speed limit sign displayed on a variable message sign; and

(i) another speed limit sign indicating a different speed limit; or

(ii) a traffic sign which indicates that the national speed limit is in force.

(4) In relation to a vehicle, the speed limit indicated by a speed limit sign is the speed shown at the time the vehicle passes the sign, or, if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign.

(5) For the purposes of this article, a speed limit sign displayed on a variable message sign is to be taken as not indicating any speed limit if, ten seconds before the vehicle passed it, the sign had indicated no speed limit or that the national speed limit was in force.

(6) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, in so far as necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance and operation of the authorised development—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(7) The power conferred by paragraph (6) may be exercised at any time prior to the expiry of 24 months from the opening of the authorised development for public use, but subject to paragraph (10), any prohibition, restriction or other provision made under paragraph (6) may have effect both before and after the expiry of that period.

(8) The undertaker must not exercise the powers conferred by paragraph (6), unless the undertaker has—

(a) given not less than—

(i) 12 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) 4 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised the undertaker’s intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(9) Any prohibition, restriction or other provision made by the undertaker under paragraph (1) or (6)—

(a) has effect as if duly made by, as the case may be—

(i) the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32¹⁰¹ (power of local authorities to provide parking places) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004¹⁰².

(10) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1) or (6) within a period of 24 months from the opening of the authorised development.

(11) Before exercising the powers conferred by paragraphs (1) or (6) the undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.

(12) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(13) In this article—

“national speed limit” has the meaning given by Schedule 1 (definitions) to the Traffic Signs Regulations and General Directions 2016¹⁰³ and a traffic sign which indicates that the national speed limit is in force means a traffic sign of the type shown in diagram 671 in Part 2 (signs and road markings indicating speed limits) of Schedule 10 (signs for speed limits) to the Traffic Signs Regulations and General Directions 2016 which is— placed on or near a road; and directed at traffic on the carriageway on which the vehicle is being driven;

“road” includes the adjacent hard shoulder and verge;

“speed limit sign” in relation to a vehicle, means a traffic sign of the type shown in diagram 670 in Part 2 of Schedule 10 to the Traffic Signs Regulations and General Directions 2016 which is— situated on or near any part of a road specified in column (2) as being subject to a variable speed in limit in column (3) of Part 1 (speed limits) of Schedule 10; and directed at traffic on the carriageway on which the vehicle is being driven; and

“variable message sign” has the meaning given by Schedule 1 (definitions) to the Traffic Signs Regulations and General Directions 2016.

PART 5 — MISCELLANEOUS AND GENERAL

Benefit of the Order

49

(1) Subject to article 50 (consent to transfer benefit of Order) and paragraph (2), the provisions of this Order conferring functions on the undertaker have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit or accommodation of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

50

(1) The undertaker may, regardless of any provision in any enactment, with the consent of the Secretary of State—

(a) transfer to another person (“the transferee”) any or all of the benefits of the provisions of this Order that apply to the undertaker and such statutory rights as may be agreed between the undertaker and the transferee; or

(b) grant to another person (“the grantee”) for a period agreed between the undertaker and the grantee any or all of the benefit of the provisions of this Order that apply to the undertaker and such related statutory rights as may be so agreed.

(2) Where an agreement has been made in accordance with paragraph (1), references in the provisions of this Order and any document certified under it that apply to the undertaker are to be read as references to the transferee or the grantee, or any other person who may exercise, enjoy or be responsible for any functions of the undertaker pursuant to that agreement, as the case may be.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker, save where those benefits or rights are exercised by a statutory undertaker or by an owner or occupier of land pursuant to paragraph (2) of article 22 (compulsory acquisition of rights) of this Order, in which case liability for the payment of compensation must remain with the undertaker.

(4) The consent of the Secretary of State under this article is not required where the powers of article 22(1) (compulsory acquisition of rights) are, with the consent of the undertaker given under article 22(2), proposed to be exercised by a statutory undertaker rather than by the undertaker, or are proposed to be exercised for the express benefit or accommodation of owners and occupiers of land, as identified in column (4) of the table in Part 3 of Schedule 3 (permanent stopping up of highways and private means of access and provision of new highways and private means of access) to this Order.

(5) The consent of the Secretary of State is not required for a transfer or grant under this article where the transfer or grant is made to Southern Electric Power Distribution plc for the purposes of undertaking Work No. 1C(v) and associated ancillary works.

(6) For the purposes of this article “statutory undertaker” includes Esso.

Application of landlord and tenant law

51

(1) This article applies to any agreement entered into by the undertaker under article 50 (consent to transfer benefit of Order) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.

(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 enactment or rule of law to which paragraph (2) applies is to apply 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

52

Development consent granted by this Order for development on Order land is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as not being operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

53

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990¹⁰⁴ in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)¹⁰⁵ 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 construction or maintenance of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974¹⁰⁶; 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.

Protective provisions

54

Schedule 11 (protective provisions) has effect.

Certification of plans, etc.

55

(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 12 (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 12 requires to be amended to reflect the terms of the Secretary of State’s decision to make this 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 is admissible in any proceedings as evidence of the contents of the plan or document of which it is a copy.

(4) The undertaker must, following certification of the plans or documents in accordance with paragraph (1), make those plans or documents available in electronic form for inspection by members of the public.

Service of notices

56

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978¹⁰⁷ 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 taken to be fulfilled only where—

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

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

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

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

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

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

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

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

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

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

Arbitration

57

Except where otherwise expressly provided for in this Order and unless otherwise agreed in writing 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.

Consents, agreements and approvals

58

(1) Where any application is made to a relevant authority, the consent, agreement or approval concerned must, if given, be given in writing and is not to be unreasonably withheld or delayed.

(2) If a relevant authority which has received an application fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was received, the relevant authority is deemed to have given its consent, agreement or approval, as the case may be.

(3) Any application to which this article applies must include a written statement that the provisions of paragraph (2) apply to that application.

(4) In this article—

“application” means an application or request for any consent, agreement or approval required or contemplated by articles 9 (construction and maintenance of new, altered or diverted streets and other structures), 11 (temporary stopping up and restriction of use of streets), 13 (discharge of water), 15 (authority to survey and investigate land) and 48 (traffic regulation measures); and

“relevant authority” means a planning authority, a traffic authority, a highway authority a street authority or an owner of a public sewer or drain as defined in article 13(7)(a).

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative area of Wiltshire Council

The authorised development is situated in the administrative area of Wiltshire Council.

A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 22 (highways) of the 2008 Act, and associated development within the meaning of section 115(2) (development for which development consent may be granted) of the 2008 Act, comprising—

Work No. 1 – as shown on sheets 1 to 11 of the works plans and being the construction of a new all-purpose dual carriageway (‘the new A303’) and of improvements to the existing A303 to include—

(a) Work No. 1A – as shown on sheets 1, 2, 3 and 4 of the works plans and being the construction of the new A303 and of improvements to sections of the existing A303, to include—

(i) the improvement of the existing A303 eastbound and westbound single and dual lane carriageway;

(ii) the construction of a new bridge (Green Bridge One) to carry a new restricted byway and private means of access over the new A303 as shown illustratively on sheet 3 of the rights of way and access plans;

(iii) the construction of new restricted byways on the northern and southern sides of the new alignment of the A303 as shown illustratively on sheets 1, 2 and 3 of the rights of way and access plans;

(iv) the construction of a new byway open to all traffic as shown illustratively on sheets 2 and 3 of the rights of way and access plans;

(v) the construction of a new bridge to carry the new A303 over the realigned B3083 (forming part of Work No. 2);

(vi) the construction and installation of a new variable message sign; and

(vii) the construction of new private means of access, as shown illustratively on sheets 2 and 3 of the rights of way and access plans.

(b) Work No. 1B – as shown on sheet 4 of the works plans and being the construction of the new A303, to include—

(i) the construction of a new viaduct crossing the River Till, to carry the new A303 over the River Till;

(ii) the construction of new private means of access, as shown illustratively on sheet 4 of the rights of way and access plans; and

(iii) the construction and installation of a new variable message sign.

(c) Work No. 1C – as shown on sheets 4 and 5 of the works plans and being the construction of the new A303, to include—

(i) the construction of a new bridge (Green Bridge Two) to carry the realigned byway open to all traffic WSTO6B over the new A303 as shown illustratively on sheet 4 of the rights of way and access plans;

(ii) the construction of new eastbound and westbound merge and diverge slip roads for a new grade-separated junction (‘the new Longbarrow Junction’) between the realigned A360 and the new A303 (forming part of Work No. 4);

(iii) the construction of a new bridleway between the southern roundabout of the new Longbarrow Junction and the existing A360, as shown illustratively on sheet 5 of the rights of way and access plans;

(iv) the construction of crossovers within the new central reservation at the new Longbarrow Junction;

(v) the provision of a temporary electricity substation for the benefit of Southern Electric Power Distribution plc;

(vi) the construction and installation of a new variable message sign; and

(vii) the construction of new private means of access, as shown illustratively on sheets 4 and 5 of the rights of way and access plans.

(d) Work No. 1D – as shown on sheets 5 and 6 of the works plans and being the construction of the new A303, to include—

(i) the construction of a new bridge (Green Bridge Four), to carry a new restricted byway and private means of access (part of Work No. 6) over the new A303, as shown illustratively on sheet 5 of the rights of way and access plans;

(ii) the construction of new western portal approach retaining walls and associated works for the new A303;

(iii) the construction of new tunnel service buildings;

(iv) the provision of a temporary electricity substation;

(v) the construction of a crossover within the new central reservation at the new Longbarrow Junction;

(vi) the construction of a new bridleway running on the south side of the new A303 westbound carriageway and westbound diverge slip road as shown illustratively on sheet 5 of the rights of way and access plans; and

(vii) the construction of new private means of access, as shown illustratively on sheet 5 of the rights of way and access plans.

(e) Work No. 1E – as shown on sheet 6 of the works plans and being the construction of the new A303, to include—

(i) the construction of a new cut and cover section of tunnel; and

(ii) the construction of a western portal for the new A303 tunnel.

(f) Work No. 1F– as shown on sheets 6, 7 and 8 of the works plans and being the construction of part of the new A303, comprising a new twin bore highway tunnel, comprising two bores, one for eastbound traffic and one for westbound traffic, with a two-lane carriageway in each direction, and including cross-passages connecting the two tunnels.

(g) Work No. 1G – as shown on sheet 8 of the works plans and being the construction of the new A303, to include—

(i) the construction of a new cut and cover section of tunnel;

(ii) the construction of new tunnel service buildings; and

(iii) the construction of an eastern portal for the new A303 tunnel.

(h) Work No. 1H – as shown on sheets 8, 9, 10 and 11 of the works plans and being the construction of the new A303 and of improvements to sections of the existing A303, and the improvement of connecting highway junctions, to include—

(i) the construction of new tunnel service buildings;

(ii) the construction of new eastern portal approach retaining walls and associated works for the new A303;

(iii) the construction of new eastbound and westbound merge and diverge slip road connections between the new A303 and the existing junction of the A303 with the A345 (Countess Roundabout), together with retaining walls and associated works, and tie-ins to existing carriageway;

(iv) the construction of two new bridge structures to carry the new A303 on a flyover above the Countess Roundabout;

(v) the construction of a crossover within the new central reservation on the flyover above the Countess Roundabout;

(vi) the removal of an existing subway to the east of the existing Countess Roundabout and replacement provision of new at-grade crossing facilities for non-motorised users on the A345;

(vii) works associated with tie-ins to existing carriageways approaching and crossing the existing River Avon Bridge carrying the new and improved A303;

(viii) works to effect the stopping up of the existing A303 central reserve opening at the junction of the existing A303 with the existing side road known as Allington Track;

(ix) the construction of a new realigned eastbound access from the A303 into the existing Amesbury Road;

(x) works to effect the stopping up of the existing eastbound access from Amesbury Road onto the A303;

(xi) the construction of a new realigned A303 eastbound access from the existing A3028 Double Hedges Road onto the A303;

(xii) works to effect the stopping up of the existing access between byway AMES1 and the eastbound carriageway of the A303;

(xiii) works to effect the stopping up of the section of byways BULF12 and AMES2 between the existing A303 and the junction between the existing Amesbury Road and the existing A3028;

(xiv) the construction of new private means of access, as shown illustratively on sheets 8 and 11 of the rights of way and access plans;

(xv) the provision of a temporary electricity substation; and

(xvi) the construction and installation of new variable message signs.

Work No. 2 – as shown on sheets 3 and 12 of the works plans and comprising—

(a) the realignment of the B3083, passing under the new A303 (Work No. 1A); and

(b) the construction of new private means of access, as shown illustratively on sheet 3 of the rights of way and access plans.

Work No. 3 – as shown on sheets 2, 3, 4 and 5 of the works plans and being the improvement of the existing A303, to include—

(a) Work No. 3A – as shown on sheets 2, 3 and 4 of the works plans and comprising—

(i) the construction of a new byway open to all traffic, as shown illustratively on sheets 2 and 3 of the rights of way and access plans;

(ii) the construction of new private means of access, as shown illustratively on sheets 2 and 3 of the rights of way and access plans; and

(iii) works to support the reclassification of the existing A303 from a trunk road to a C road, including closure of an existing lay-by, and including the construction of a shared use cycle track.

(b) Work No. 3B – as shown on sheet 4 of the works plans and being—

(i) the construction of a new bridleway to the north of the existing A303, as shown illustratively on sheet 4 of the rights of way and access plans; and

(ii) the construction of new private means of access, as shown illustratively on sheet 4 of the rights of way and access plans.

(i) the construction of a new highway link from the existing A303 to the southern roundabout of the new Longbarrow Junction (Work No. 4), including the construction of a cycleway; and

(ii) the construction of new private means of access, as shown illustratively on sheets 4 and 5 of the rights of way and access plans.

Work No. 4 – as shown on sheets 5, 14 and 15 of the works plans and being the realignment of the existing A360 and forming part of the new Longbarrow Junction, to include—

(a) the construction of a new bridge (Green Bridge Three) to carry the realigned A360 over the new A303;

(b) the construction of two new roundabouts connected by a short length of dual carriageway;

(c) the construction of a new single carriageway two-way link road and tie-in from the new northern roundabout (forming part of the new Longbarrow Junction) to the existing A360 (north);

(d) the construction of a new single carriageway two-way link road and tie-in from the new southern roundabout (forming part of the new Longbarrow Junction) to the existing A360 (south);

(e) the construction of new private means of access, as shown illustratively on sheets 5, 14 and 15 of the rights of way and access plans;

(f) the construction of a new right of way, partly shared use cycle track and partly restricted byway running southwards from the existing Airman’s Corner roundabout, and broadly parallel with the alignment of the existing A360, save where it runs to the east of the dew pond, to its junction with the existing Longbarrow roundabout, as shown illustratively on sheets 5 and 14 of the rights of way and access plans;

(g) the construction of a new restricted byway running northwards from the junction between byway BSJA9 and the A360, to the new A303, as shown illustratively on sheets 5 and 15 of the rights of way and access plans; and

(h) the construction of a new bridleway running southwards from the western end point of byway BSJA9 and then south-eastwards to its junction with byway WFOR16, as shown illustratively on sheet 15 of the rights of way and access plans.

Work No. 5 – as shown on sheet 13 of the works plans and being the realignment and change to vehicle priority layout at the Rollestone Cross junction, to include—

(a) the construction of a realigned section of the existing east-west length of the B3086, known as ‘the Packway’;

(b) the construction of a realigned section of unclassified road from the north of the existing Rollestone Cross Junction;

(d) the construction of a realigned section of the existing unclassified highway 094402 (the Packway); and

(e) the construction of new private means of access, as shown illustratively on sheet 13 of the rights of way and access plans.

Work No. 6 – as shown on sheets 5, 6, 7 and 8 of the works plans and being the conversion of part of the existing A303 to a new restricted byway, to include—

(a) the construction of a new restricted byway running from the existing Longbarrow roundabout eastwards, generally along the line of the existing A303 to the junction between Stonehenge Road and footpath AMES13, as shown illustratively on sheets 5, 6, 7 and 8 of the rights of way and access plans, and including the provision of a new turning head at the junction between Stonehenge Road and footpath AMES13;

(b) the construction of a new restricted byway crossing over the new A303 on Green Bridge Four (Work No. 1D), then running westwards to meet the existing A360, as shown illustratively on sheet 5 of the rights of way and access plans; and

(c) the construction of new private means of access, as shown illustratively on sheets 5, 6, 7 and 8 of the rights of way and access plans.

Work No. 7 – as shown on sheet 11 of the works plans and being the realignment of part of the existing unclassified Allington Track, to include—

(a) works to effect the stopping up of part of bridleway AMES29 between Equinox Drive and byway AMES1 as shown illustratively on sheet 11 of the rights of way and access plans;

(b) works to effect the stopping up of byway AMES1 as shown illustratively on sheet 11 of the rights of way and access plans;

(c) works to support the reclassification of byway AMES1 as a footpath, as shown illustratively on sheet 11 of the rights of way and access plans;

(d) works to effect the stopping up of Allington Track over a length between its existing junction with the A303 (including works to effect the stopping up of its access to the A303) and its junction with the existing access track running in parallel with the westbound carriageway of the A303, between Allington Track and byway AMES1;

(e) the construction of a new length of byway open to all traffic between Equinox Drive and byway AMES1, as shown illustratively on sheet 11 of the rights of way and access plans;

(f) the construction of a length of new unclassified road between Equinox Drive and Allington Track, as shown illustratively on sheet 11 of the rights of way and access plans; and

(g) the construction of new private means of access, as shown illustratively on sheets 5, 6, 7 and 8 of the rights of way and access plans.

Work No. 8 – as shown on sheets 3 and 12 of the works plans and being—

(a) works to effect the processing, deposition or use of excavated material, landscaping works and re-profiling works including the creation of chalk grassland habitat;

(b) the construction of new private means of access as shown on sheets 3 and 12 of the rights of way and access plans.

Work No. 9– as shown on sheets 9 and 10 of the works plans and being the extension of two existing substations and related electricity cabling for provision of power to the authorised development.

Ancillary Works

For the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development which does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement, consisting of—

(a) works within highways, including—

(i) alteration of the layout of any street permanently or temporarily, including increasing or reducing the width of the carriageway of any street by increasing or reducing the width of any kerb, footway, cycleway, or verge within the street; and altering the level or increasing the width of any such kerb, footway, cycleway or verge within the street, works for the strengthening, improvement, repair, maintenance or reconstruction of any street;

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

(iii) relocation or provision of new road traffic signs, signals, street lighting, road restraints and carriageway lane markings;

(iv) works to place, alter, remove or maintain street furniture or apparatus (including statutory undertakers’ apparatus) in, under or above a street, including mains, sewers, drains, pipes, cables, cofferdams, lights, fencing and other boundary treatments; and

(v) works to facilitate traffic management, provide vehicle recovery services and to deliver information relating to the authorised development;

(b) other works and development—

(i) for the strengthening, alteration or demolition of any building;

(ii) to place, alter, divert, relocate, protect, remove or maintain services, plant and other apparatus and equipment belonging to statutory undertakers, utility companies and others in, under or above land, including mains, sewers, drains, pipes, cables, lights, cofferdams, fencing and other boundary treatments including bollards;

(iii) comprising ramps, steps, footpaths, footways, shared use cycle tracks, cycleways, bridleways, equestrian tracks, non-motorised user routes or links, byways open to all traffic, restricted byways, private means of access, laybys and crossing facilities;

(iv) comprising embankments, cuttings, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, drainage works, drainage treatment areas, ponds, lagoons, outfalls, pollution control devices, pumping stations, impounding sumps, culverts, wing walls, fire fighting system water tanks and associated plant and equipment, highway lighting and fencing;

(v) comprising settlement monitoring and mitigation measures for the benefit or protection of, or in relation to, any land, building or structure, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

(vi) comprising landscaping, re-grading, re-profiling, contouring, noise barriers, works associated with the provision of ecological and archaeological mitigation, and other works to mitigate any adverse effects of the construction, operation or maintenance of the authorised development;

(vii) comprising the processing, deposition or use of excavated materials;

(viii) comprising areas of hard or soft landscaping works, or public realm, at various locations adjacent to the new or improved highway and associated works;

(ix) comprising site preparation works, site clearance (including fencing and other boundary treatments, vegetation removal, works of demolition, including demolition of existing structures, and the creation of alternative highways or footpaths) and earthworks (including soil stripping and storage and site levelling);

(x) comprising construction compounds and working sites, temporary structures, storage areas (including storage of excavated material and other materials), temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, office facilities, other ancillary accommodation, construction lighting, haulage roads and other buildings, machinery, apparatus, processing plant, works and conveniences;

(xi) comprising service compounds, plant and equipment rooms, offices, staff mess rooms, welfare facilities, and other ancillary and administrative accommodation;

(xii) comprising ground investigation works, including the installation and monitoring of associated apparatus;

(xiii) comprising works for the benefit or protection of the authorised development; and

(xiv) comprising works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

(1) In this Schedule—

“British Standards” means standards, recommendations and procedures as drawn up and published by the British Standards Institution;

“contaminated land” has the same meaning as that given in section 78A¹⁰⁸ (preliminary) of the Environmental Protection Act 1990;

“detailed archaeological mitigation strategy” means the detailed archaeological mitigation strategy listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the detailed archaeological mitigation strategy for the purposes of this Order, which sets out the requirements for the overarching written scheme of investigation, heritage management plan, site specific written schemes of investigation and archaeological method statements and protections for the World Heritage Site and its setting with which the undertaker must comply according to the terms of the detailed archaeological mitigation strategy in carrying out, operating and maintaining the authorised development, as set out in paragraph 5;

“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 2017¹⁰⁹;

“HEMP” means a handover environmental management plan;

“main works” means those parts of the authorised development that are not comprised in the preliminary works;

“main works CEMP” means a construction environmental management plan to be submitted and approved under requirement 4(8) in relation to the main works;

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981¹¹⁰;

“National Trust” means the National Trust for Places of Historic Interest or Natural Beauty;

“OEMP” means the outline environmental management plan referred to in Schedule 12 certified by the Secretary of State as the outline environmental management plan for the purposes of this Order, which sets out (i) at section 1.2.2 the scheme objectives and (ii) protections for the World Heritage Site and its setting with which the undertaker must comply according to the terms of the OEMP in carrying out operating and maintaining the authorised development, as set out in paragraph 4;

“preliminary highways works” means— Work No. 1H(viii) to (xiv) inclusive; Work No. 5; and Work No. 7;

“preliminary works CEMP” means a construction environmental management plan to be submitted and approved under requirement 4(4) in relation to the preliminary works;

“preliminary works OEMP” means Table 3.2a and any other parts of the OEMP relating to the preliminary works; and

“scheme objectives” means the four scheme objectives drawn by the Secretary of State for the design, carrying out and maintenance of the authorised development being— the transport objective, to create a high quality reliable route between the south east and the south west that meets the future needs of traffic; the economic growth objective, to enable growth in jobs and housing by providing a free flowing and reliable connection between the south east and the south west; the cultural heritage objective, to help conserve and enhance the World Heritage Site and to make it easier to reach and explore; and the environment and community objective, to improve biodiversity and provide a positive legacy for nearby communities.

(2) Where any requirement in this Schedule—

(a) refers to a scheme, drawing, document or plan, that scheme, document or plan is to be taken to be the version certified by the Secretary of State under article 55 (certification of plans etc.,) of this Order or to any subsequent version of that scheme, drawing document or plan approved by the Secretary of State under a requirement; or

(b) provides that the authorised development is to be carried out in accordance with details, or a scheme, plan or other document approved by the Secretary of State, the approved details, scheme, plan or other document must be taken to include any amendments or revisions subsequently approved by the Secretary of State.

Time limits

2

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

Preparation of detailed design, etc.

3

(1) The authorised development must be designed in detail and carried out so that it is, subject to the limits of deviation, in accordance with the works plans, the engineering section drawings (plan and profiles) and the engineering section drawings (cross sections) unless otherwise agreed in writing by the Secretary of State, following consultation with the planning authority on matters related to its functions and any other person the Secretary of State considers appropriate having regard to the proposed amendment in question and the statutory roles and responsibilities of such person, and provided that the Secretary of State is satisfied that any amendments to the works plans, the engineering section drawings (plan and profiles) and the engineering section drawings (cross sections) would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

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

Outline Environmental Management Plan

4

(1) The main works must be carried out in accordance with the OEMP.

(2) The preliminary works must be carried out in accordance with the preliminary works OEMP.

(3) The preliminary highways works must be carried out in accordance with sections 4.2 (design vision) and 4.3 (design principles) of the OEMP.

(4) Subject to sub-paragraphs (5) and (10), no part of the preliminary works is to begin until a preliminary works CEMP for that part has been submitted to and approved in writing by the Secretary of State, following the consultation specified in the preliminary works OEMP.

(5) No part of the preliminary works in respect of which a heritage management plan, site specific written scheme of investigation or archaeological method statement is required under the preliminary works OEMP is to begin until each of those documents required for that part has been submitted and approved in writing by the planning authority, following the consultation specified in the preliminary works OEMP and the detailed archaeological mitigation strategy.

(6) A preliminary works CEMP must be prepared so that it is substantially in accordance with the preliminary works OEMP.

(7) Each part of the preliminary works must be carried out in accordance with the preliminary works CEMP for that part.

(8) Subject to sub-paragraphs (9) and (10), no part of the main works is to commence until a main works CEMP for that part has been prepared and submitted to and approved in writing by the Secretary of State, following the consultation specified in the OEMP.

(9) Subject to sub-paragraph (11), no part of the main works in respect of which a heritage management plan, site specific written scheme of investigation or archaeological method statement is required under the OEMP is to commence until each of those documents required for that part has been submitted and approved in writing by the planning authority, following the consultation specified in the OEMP and the detailed archaeological mitigation strategy.

(10) The approval of the Secretary of State under sub-paragraph (4) or (8) is not required in respect of any heritage management plan, site specific written scheme of investigation or archaeological method statement forming part of any preliminary works CEMP or main works CEMP.

(11) A main works CEMP must be prepared so that it is substantially in accordance with the OEMP and must include as many of the following plans, policies, strategies or schemes as are applicable to the part of the main works to which it relates—

(a) site waste management plan;

(b) heritage management plan;

(d) any archaeological method statement required under the OEMP;

(e) emergency preparedness and response plan (to include a pollution incident control plan);

(f) ground movement monitoring strategy;

(g) landscape and ecology management plan;

(h) arboricultural mitigation strategy;

(i) noise and vibration management plan;

(j) noise insulation and temporary rehousing policy;

(k) soils management strategy;

(l) water management plan (to include a flood risk management plan);

(m) groundwater management plan;

(n) invasive non-native species management plan (if required);

(o) material management plan; and

(p) traffic management plan (to include a construction workforce travel plan, a site access plan, construction traffic routeing details and a site travel plan).

(12) The Groundwater Management Plan referred to in sub-paragraph (11)(m) above must include details of how any potential adverse hydrological effects on the archaeological site, known as Blick Mead, shall be considered in accordance with the requirements to be addressed by that Plan as set out in the OEMP, and must make specific provision for—

(a) monitoring of groundwater levels at Blick Mead;

(b) monitoring of soil moisture levels at Blick Mead;

(c) trigger levels for both groundwater levels and soil moisture content that take into account the aforementioned monitoring data and below which the archaeological resource at Blick Mead would be liable to be endangered; and

(d) a remediation plan to provide for the re-watering of the site should groundwater levels or soil moisture levels fall below the trigger levels set.

(13) The main works CEMPs, when taken together, must be prepared so that they are substantially in accordance with all of the requirements of the OEMP and must include all of the plans, policies, strategies and schemes listed in sub-paragraph (11) and must not contain any conflicting provision.

(14) Nothing in sub-paragraphs (11) or (12) affects the requirement in paragraph 5 that the authorised development must be carried out, operated and maintained in accordance with the detailed archaeological mitigation strategy.

(15) Each part of the main works must be carried out in accordance with the main works CEMP approved for that part.

(16) Upon completion of construction of the authorised development the CEMPs must be converted into one or more HEMPs and the authorised development must be operated and maintained in accordance with the relevant HEMP.

(17) The undertaker must make each preliminary works CEMP, main works CEMP and HEMP available in an electronic form suitable for inspection by members of the public.

Archaeology

5

(1) The authorised development must be carried out, operated and maintained in accordance with the detailed archaeological mitigation strategy.

(2) Appeals in respect of those matters listed in the detailed archaeological mitigation strategy as grounds for appeal (including a decision of the planning authority on the application for approval under paragraph 4 of a heritage management plan, site specific written scheme of investigation or archaeological method statement) must be made to the Secretary of State and the Secretary of State must determine such appeals in accordance with the procedure set out in that strategy.

(3) Part 2 of this Schedule does not apply in respect of appeals in respect of the detailed archaeological mitigation strategy.

Protected species

6

(1) No part of the authorised development is to commence until final pre-construction survey work for that part has been carried out, reflecting that contained in the environmental statement, to establish whether European or nationally protected species are present on any of the land affected, or likely to be affected, by any part of the authorised development or in any of the trees and shrubs to be lopped or felled as part of the authorised development.

(2) Where a protected species is shown to be present, or where there is a reasonable likelihood of it being present, the relevant parts of the relevant works must not begin until a scheme of protection and mitigation measures (including their design and management) has been submitted to and approved in writing by the Secretary of State after consultation with Natural England. Except to the extent otherwise approved, the scheme of protection and mitigation measures including their design and management must be in accordance with the guidance in section 4 of volume 10 of the Design Manual for Roads and Bridges.

(3) The relevant works must be carried out in accordance with the approved scheme or with any amended scheme that may subsequently be approved in writing by the Secretary of State, after consultation with Natural England, and in accordance with any necessary licence.

Contaminated land and groundwater

7

(1) In the event that contaminated land is found at any time when constructing the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the planning authority and the Environment Agency and the undertaker must complete a risk assessment of the contamination in consultation with the planning authority and the Environment Agency.

(2) The undertaker must provide to the planning authority and the Environment Agency a copy of any risk assessment referred to in sub-paragraph (1) as soon as reasonably practicable after its completion.

(3) Where the undertaker determines that remediation of the contaminated land is necessary, as soon as reasonably practicable after making that determination a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose, must be submitted to and approved in writing by the Secretary of State, following consultation with the planning authority and the Environment Agency.

(4) Remediation must be carried out in accordance with the approved scheme and programme.

Implementation and maintenance of landscaping

8

(1) Except for Work No. 5, no part of the authorised development is to commence within the World Heritage Site or as part of Work No. 4 until a landscaping scheme applicable to all of the authorised development which is situated within the World Heritage Site (except for Work No.5) and Work No.4 has been submitted to and approved in writing by the Secretary of State, following consultation with the planning authority, Historic England and (on matters related to its functions) the National Trust.

(2) No part of the authorised development which—

(a) is situated outside of the World Heritage Site and does not form part of Work No.4; or

(b) comprises Work No. 5,

is to commence until a landscaping scheme applicable to that part has been submitted to and approved in writing by the Secretary of State, following consultation with the planning authority and (on matters related to its functions) Historic England and, in respect of Work No. 5 only (on matters related to its functions), the National Trust.

(3) Each landscaping scheme must be based on the mitigation measures included in the environmental statement and set out details of all proposed hard and soft landscaping works, including—

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

(b) landscaping works associated with any fences and walls (as appropriate);

(d) proposed finished ground levels;

(e) hard surfacing materials;

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

(g) implementation timetable for the landscaping works;

(h) measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after the completion of the part of the authorised development to which the relevant landscaping scheme relates, dies, becomes seriously diseased or is seriously damaged in the construction of the authorised development; and

(i) retained historic landscape features and proposals for restoration, where relevant.

(4) All landscaping works must be carried out in accordance with the relevant approved landscaping scheme and carried out to a reasonable standard in accordance with the relevant recommendations in appropriate British Standards or other recognised codes of good practice.

Traffic management

9

(1) No part of the authorised development is to commence until a traffic management plan which makes provision for traffic management proposals required to facilitate the construction of that part and which is substantially in accordance with the OEMP has been submitted to and approved in writing by the Secretary of State, following consultation with the local highway authority and the Royal Mail Group Limited.

(2) The relevant part of the authorised development must be constructed in accordance with the approved plan referred to in sub-paragraph (1).

Drainage

10

(1) No part of the authorised development is to commence until written details of the drainage system to be constructed for that part, based on the mitigation measures included in the environmental statement and including a timetable for implementation and means of pollution control and for the management of flood risk, have been submitted to and approved in writing by the Secretary of State, following consultation with the planning authority on matters related to its functions, and the Environment Agency.

(2) The drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) prior to that part of the authorised development becoming open for public use.

Details of consultation

11

(1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, the details submitted must be accompanied by a summary report enclosing the written responses received and setting out the consultation undertaken by the undertaker pursuant to that requirement to inform the details submitted and the undertaker’s response to that consultation.

(2) Promptly after submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.

(3) If any consultation responses are not reflected in the details submitted to the Secretary of State for approval under this Schedule, the summary report must state the undertaker’s reasons for not including them.

Stone curlew breeding plots

12

(1) No part of the preliminary works shall begin until—

(a) written details have been submitted to the Secretary of State—

(i) demonstrating that the undertaker has secured land to ensure the provision of the replacement stone curlew breeding plot in accordance with the stone curlew breeding plot specification;

(ii) including in relation to that plot, a regime of management measures substantially in accordance with those contained in the stone curlew breeding plot specification; and

(b) the Secretary of State, following consultation with Natural England, has approved the matters listed in sub-paragraph (a).

(2) The undertaker must—

(a) provide the replacement stone curlew breeding plot prior to the beginning of any works to remove the existing stone curlew breeding plot; and

(b) maintain the replacement stone curlew breeding plot,

in accordance with the details approved by the Secretary of State under sub-paragraph (1)(b).

(3) No part of the authorised development may be commenced until—

(a) written details have been submitted to the Secretary of State—

(i) demonstrating that the undertaker has secured land to enable the provision of the additional stone curlew breeding plots in accordance with the stone curlew breeding plot specification; and

(ii) including in relation to those plots, a regime of management measures substantially in accordance with those contained in the stone curlew breeding plot specification and a timetable for their implementation; and

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