The A38 Derby Junctions Development Consent Order 2023

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

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

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

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

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

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

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

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

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

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

• (8) In this article—

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

• “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003[^f00075].

Recovery of costs of new connections

37

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

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

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

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

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

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

• (4) In this article—

• “public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003; and

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

Special category land

38

• (1) The special category land is not to vest in the undertaker until the undertaker has acquired the replacement land and the Secretary of State (in consultation with the relevant planning authority) has certified that a satisfactory scheme for the provision of the replacement land as open space and a satisfactory timetable for the implementation of the scheme has been received from the undertaker.

• (2) On the requirements of paragraph (1) being satisfied, the special category land is to vest in the undertaker and be discharged from all rights, trusts and incidents to which it was previously subject.

• (3) On the requirements of paragraph (1) being satisfied, the rights to be acquired over the special category (rights) land are to vest in the undertaker and the special category (rights) land is to be discharged from all private rights to which it was previously subject in accordance with article 28(2) (private rights over land).

• (4) On the date on which the replacement land is laid out and provided in accordance with the scheme requirements of paragraph (1), the replacement land is to vest in the person in whom the special category land was vested immediately before it was vested in the undertaker and is to be subject to the same rights, trusts and incidents as attached to the special category land.

• (5) In this article—

• “the replacement land” means the land identified as such and numbered 2/1r, 2/1s, 2/2p, 2/2q, 2/2s, 2/2t, 3/1y, 3/2r, 3/22c, 3/23, 3/24, 3/25, 3/26, 3/27, 4/1a, 4/2a, 4/2b, 4/2c, 4/2d, 4/2e, 4/2g, 4/2h, 4/2j, 4/2m, 4/2n, 4/2o, 4/3, 4/4, 4/5, 4/6, 4/7a, 4/7b, 4/7c, 4/8, 4/9, 4/10, 4/11, 4/12, 4/13a, 4/14 and 4/15 in the book of reference and on the special category land plans;

• “the special category land” means the land numbered 1/1c, 1/1d, 1/2, 2/1e, 2/1g, 2/1h, 2/1i, 2/2c, 2/5, 2/7b, 2/10, 3/1u, 3/1y, 3/1z, 3/2l, 3/2m, 3/2n, 3/2q, 3/2r, 4/1a, 4/1e, 4/1g, 4/2a, 4/2e, 4/2f, 4/2g, 4/2h, 4/2i, 4/2j, 4/2k, 4/2l, 4/2m, 4/2n, 4/2o, 4/2p, 4/14 and 4/15 in the book of reference and on the special category land plans and forming part of open space which may be acquired compulsorily under this Order;

• “the special category (rights) land” means the land numbered 1/4b, 2/1b, 2/1c, 2/1f, 2/7a, 2/8, 2/9, 3/1w, 3/1x, 4/1b and 4/1d in the book of reference and on the special category land plans and forming part of open space over which rights may be acquired compulsorily under this Order.

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

39

• (1) The undertaker may fell or lop any tree or shrub, or cut back its roots, within or overhanging land within the Order limits 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), 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 1981[^f00076] and the Conservation of Habitats and Species Regulations 2017[^f00077] or any successor acts and regulations.

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

• (4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow within the Order limits and as shown on the hedgerows plans that is required to be removed.

• (5) In this article—

• “hedgerow” includes a hedgerow to which the Hedgerows Regulations 1997[^f00078] apply and includes important hedgerows;

• “the hedgerows plans” means the plans certified by the Secretary of State as the hedgerows plans for the purposes of this Order.

Trees subject to tree preservation orders

40

• (1) The undertaker may fell or lop any tree described in Schedule 8 (trees subject to tree preservation orders), cut back its roots or undertake such other works described in column (2) of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule, 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 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)[^f00079] (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[^f00080] 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)[^f00081] of that Act if—

• (a) the defendant shows that the nuisance—

• (i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974[^f00082]; 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)[^f00083] (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

44

Schedule 9 (protective provisions) has effect.

Crown Rights

45

• (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 or any licensee—

• (a) to take, use, enter upon or in any manner interfere with any land or rights of any description—

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

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

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

• (b) to exercise any right under this Order compulsorily to acquire an interest in any land which is Crown Land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown without the consent in writing of the appropriate Crown authority (as defined in the 2008 Act).

• (2) 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.

Certification of plans etc.

46

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

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

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

Service of notices

47

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

• (a) by post;

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

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

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

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00084] 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

48

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

Removal of human remains

49

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

• (2) 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.

• (3) Before any such remains are removed from the specified land 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 for 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.

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

• (5) At any time within 56 days after the first publication of a notice under paragraph (3) 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.

• (6) Where a person has given notice under paragraph (5), 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 must, 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 (11).

• (7) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question must 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.

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

• (9) If—

• (a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or

• (b) such notice is given and no application is made under paragraph (7) 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; or

• (c) within 56 days after any order is made by the county court under paragraph (7) 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,

then subject to paragraph (10), 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 re-interred 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.

• (10) If the undertaker is satisfied that any person giving notice under paragraph (5) 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.

• (11) 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 (9) must be sent by the undertaker to the relevant planning authority.

• (12) 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.

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

• (14) Section 25 of the Burial Act 1857[^f00085] (offence of removal of body from burial ground) does not apply to a removal carried out in accordance with this article.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22[^f00086] of the 2008 Act, and associated development within the meaning of section 115(2)[^f00087] of the 2008 Act, comprising:

In the administrative area of Derby City Council:

Kingsway

• Work No. 1 – shown on sheet no. 1 of the works plans being the alteration, re-alignment and grading of the northbound and southbound lanes of the A38 totalling 1.2 kilometres in length to include— the construction of a drainage attenuation pond and pipe outfall into Bramble Brook adjacent to the altered A38 (Work No. 1) including a private means of access; the diversion of the existing Bramble Brook and connection into a new section of culvert; the construction of a flood storage area with piped outfall return to Bramble Brook adjacent to the drainage attenuation pond (Work No. 1(a)); the extension of the existing Bramble Brook culvert 152 metres in length; the extension of the existing Bramble Brook culvert for a length of 30 metres in a north westerly direction below the southbound A38 merge slip road (Work No. 5) and the realigned A38 (Work No. 1); the construction of flood storage areas; the improvement of a non-segregated footway/cycle track 80 metres in length on each side of Lyttelton Street; the construction of a gantry or similar signage 55m south of the southbound A38 diverge slip road (Work No. 4) at chainage 1850m; the widening of the Brackensdale Avenue east and west underbridges; works to effect the stopping up of part of the entry and exit lanes off Brackensdale Avenue which connect to the A38; the construction of a gantry or similar signage at chainage 2080m; works to effect the stopping up of the entry and exit lanes of Raleigh Street which connect to the A38; and the alteration of part of Brackensdale Avenue slip road which connects to the A38.

• Work No. 2 – shown on sheet no. 1 of the works plans being the construction of a northbound diverge slip road off the A38 570 metres in length that begins at the realigned A38 (Work No. 1) and connects to the Kingsway West Roundabout (Work No. 6(a)) to include the construction of highway drainage attenuation, outfall and access.

• Work No. 3 – shown on sheet no. 1 of the works plans being the construction of a northbound merge slip road 550 metres in length off the Kingsway West Roundabout (Work No. 6(a)) connecting into the realigned A38 (Work No. 1), to include the construction and realignment of a section of the National Cycling Network (No. 68 and 54) and the Regional Route (No. 66) 170 metres in length, as shown on the streets rights of way and access plan.

• Work No. 4 – shown on sheet no. 1 of the works plans being the construction of a southbound A38 diverge slip road 540 metres in length that begins at the realigned A38 (Work No. 1) and connects into the Kingsway East Roundabout (Work No. 6(b)).

• Work No. 5 – shown on sheet no. 1 of the works plans being the construction of a southbound A38 merge slip road 510 metres in length beginning at the Kingsway East Roundabout (Work No. 6(b)) and connecting to the realigned A38 (Work No. 1).

• Work No. 6 – shown on sheet no. 1 of the works plans being the alteration, realignment and grading of the A5111, to include— the construction of a roundabout (the Kingsway West Roundabout) connecting to the northbound diverge slip road (Work No. 2) and the northbound merge slip road (Work No. 3); the construction of a roundabout (the Kingsway East Roundabout) connecting to the southbound diverge slip road (Work No. 4) and the southbound merge slip road (Work No. 5); the construction of a link road 65 metres in length connecting the Kingsway East Roundabout and the Kingsway West Roundabout including the construction of an over bridge; the construction of 2 controlled crossings in an east and west bound direction; the construction, improvement and widening of an existing footway to a non-segregated footway/cycle track 110 metres in length; the construction, improvement and widening of an existing footway to a non-segregated footway/cycle track 20m in length; and the construction of a footway/cycle track 300 metres in length linking the A5111 Kingsway to Greenwich Drive south and the National Cycle Routes.

• Work No. 7 – shown on sheet no. 1 of the works plans being the construction of a link road 220 metres in length connecting the Kingsway East Roundabout (Work No. 6(b)) and Kingsway Park Close to include— the construction of a new junction and footways; the reconfiguration of the existing junction between Lyttelton Street and Kingsway Park Close; and the construction, improvement and realignment of the existing footway/cycle track 50m in length including a controlled crossing.

• Work No. 8 – shown on sheet no. 1 of the works plans being the establishment of environmental mitigation areas to the west and east of the realigned A38 (Work No. 1) at— Mackworth Park; and Kingsway Hospital.

• Work No. 9 – shown on sheet no. 1 of the works plans being the diversion of utilities to accommodate the realignment of the A38, to include the diversion of— an 11kV electricity cable by 720 metres; an 11kV electricity cable by 137 metres; an 11kV electricity cable by 115 metres; an 11kV electricity cable by 115 metres; a telecoms cable by 45 metres; a telecoms cable by 72 metres; a foul sewer pipe by 33 metres; a water trunk main by 474 metres; a water trunk main by 61 metres; an 11 kV electricity cable by 61 metres; a 132 kV electricity cable by 61 metres; and a gas main by 61 metres.

Markeaton

• Work No. 10 – shown on sheet no. 2 of the works plans and being the alteration, realignment and grading of the northbound and southbound lanes of the A38 totalling 1.25 kilometres in length to include— the construction of a gantry or similar signage 105 metres south of the A38 northbound diverge slip road (Work No. 11) at chainage 2310; the construction of a gantry or similar signage 115 metres south of the A38 northbound merge slip road (Work No. 12) at chainage 2890; the demolition of the existing Markeaton Park footbridge and the construction of a replacement footbridge including reconfigured ramps and steps; the construction of a gantry or similar signage 20 metres south of the northbound diverge slip road connecting to Kedleston Road (Work No. 17) at chainage 3250; and the construction of a gantry or similar signage 70 metres north of the A38 northbound diverge slip road (Work No. 17) at chainage 3375.

• Work No. 11 – shown on sheet no. 2 of the works plans and being the construction of a northbound diverge slip road 330 metres in length beginning at the realigned A38 (Work No. 10) and connecting to Markeaton Junction Roundabout (Work No. 16(a)), to include— the construction of a gantry or similar signage 35 metres north of the northbound A38 diverge slip road (Work No. 11) at chainage 2500; works to effect the stopping up of Enfield Road entry and exit roads onto the realigned A38 including a turning head (Work No. 10); and amendments to the access and egress for the filling station and fast-food site.

• Work No. 12 – shown on sheet no. 2 of the works plans and being the construction of a northbound merge slip road 255 metres in length beginning at the Markeaton Junction Roundabout (Work No. 16(a)) and connecting to the realigned A38 (Work No. 10).

• Work No. 13 – shown on sheet no. 2 of the works plans and being the construction of a southbound diverge slip road 275 metres in length beginning at the realigned A38 (Work No. 10) and connecting to Markeaton Junction Roundabout (Work No. 16(a)), to include— the construction of a pumping station adjacent to the realigned A38 (Work No. 10) to include associated drainage works; a pond; and an access track and footway/cycle track.

• Work No. 14 – shown on sheet no. 2 of the works plans and being the construction of a southbound merge slip road 280 metres in length beginning at the Markeaton Junction Roundabout (Work No. 16(a)) and connecting to the realigned A38 (Work No. 10).

• Work No. 15 – shown on sheet no. 2 of the works plans and being the construction, improvement and realignment of the existing cycle Regional Route (No. 66) 1.2 kilometres in length adjacent to the realigned A38 (Work No. 10).

• Work No. 16 – shown on sheet no. 2 of the works plans and being the alteration realignment and grading of the A52, to include— the construction of a roundabout (the Markeaton Junction Roundabout) connecting the realigned A52 (Work No. 16) with the northbound A38 diverge and merge slip roads (Work Nos 11 and 12) and the southbound A38 diverge and merge slip roads (Work Nos 13 and 14) including the construction of two over bridges; the construction of a new junction for access to and egress from Markeaton Park 110 metres in length including a roundabout and a park and ride bus stop; the construction and alteration of a private means of access to Sutton Close and 253 and 255 Ashbourne Road; works to the entrance of Markeaton Park and the construction of a new emergency only access from Markeaton Park 20 metres in length; relocation of 186 metres in length of the boundary wall to Markeaton Park; alterations to the access to and egress from the filling station and fast-food site; alterations to the access to and egress from the A52 to the Royal School for the Deaf; and removal and relocation of a mobile phone mast.

• Work No. 17 – shown on sheet no. 2 of the works plans and being the realignment and grading of the A38 northbound diverge slip road 200 metres in length connecting to the realigned A38 (Work No. 10) to Kedleston Road.

• Work No. 18 – shown on sheet no. 2 of the works plans and being the realignment and grading of the A38 southbound merge slip road 185 metres in length connecting Kedleston Road with the realigned A38 (Work No. 10).

• Work No. 19 – shown on sheet no. 2 of the works plans and being the construction of a temporary compound area/material storage area.

• Work No. 20 – shown on sheet no. 2 of the works plans being the establishment of environmental mitigation areas to the west and east of the realigned A38 (Work No. 10).

• Work No. 21 – shown on sheet no. 2 of the works plans being the diversion and construction of a utility corridor housing multiple utility apparatus as specified in this work no., including the diversion of— an 11kv cable by 627 metres; an 11kv cable by 625 metres; an 11kv cable by 623 metres; a foul sewer pipe of 480 metres; a foul sewer pipe of 269 metres; a foul sewer pipe of 506 metres; a cadent medium pressure pipe by 654 metres; a combined sewer pipe by 512 metres; a mains water pipe by 491 metres; a telecoms cable by 1146 metres; a telecoms cable by 785 metres; and a telecoms cable by 847 metres.

• Work No. 22 – shown on sheet no. 2 of the works plans being the diversion of utilities to accommodate the realignment of the A38 (Work No. 10), to include the diversion of— an 11kV electricity cable by 309 metres; an 11kV electricity cable by 7 metres; a water trunk main by 773 metres; a foul sewer pipe by 308 metres; a foul sewer pipe by 25 metres; a telecoms cable by 28 metres; a telecoms cable by 414 metres; and a telecoms cable by 17 metres.

In the administrative area of Derby City Council, Derbyshire County Council and Erewash Borough Council:

Little Eaton

• Work No. 23 – shown on sheet no. 3 of the works plans and being the alteration, re-alignment and grading of the northbound and southbound lanes of the A38 totalling 1.3 kilometres in length to include— works to effect the stopping up and diversion of a section of the Breadsall Footpath (No.7) 100 metres in length as shown on the streets rights of way and access plan and works to effect the stopping up and diversion of a private means of access 100 metres in length; the alteration and extension of the existing flood arch bridge; the alteration and extension of the existing railway bridge; and the construction of two new bridges over Little Eaton Roundabout (Work No. 30(a)).

• Work No. 24 – shown on sheet no. 3 of the works plans and being the construction of a northbound diverge slip road 215 metres in length beginning at the realigned A38 (Work No. 23) and connecting to Little Eaton Roundabout (Work No. 30(a)).

• Work No. 25 – shown on sheet no. 3 of the works plans and being the construction of a northbound merge slip road 380 metres in length beginning at Little Eaton Roundabout (Work No.30(a)) and connecting to the realigned A38 (Work No. 23).

• Work No. 26 – shown on sheet no. 3 of the works plans and being the construction of a southbound diverge slip road 540 metres in length beginning at the realigned A38 (Work No. 23) and connecting to Little Eaton Roundabout (Work No. 30(a)), to include— the alteration and extension of an existing culvert 125 metres in length; the alteration and extension of an existing culvert 290 metres in length under the realigned A38 (Work No. 23); the diversion of the existing Dam Brook watercourse by 340 metres connecting to the culvert beneath the A61 (Alfreton Road); works to effect the stopping up and diversion of a section of the Breadsall Foot Path (No. 3) for a distance of 405 metres as shown on the streets rights of way and access plan; the construction of two drainage attenuation ponds and piped outfall into Dam Brook including the construction of a private access to the attenuation ponds; ecology mitigation including ponds; the construction of a segregated left lane to the A61; and a flood alleviation channel including environmental mitigation measures.

• Work No. 27 – shown on sheet no. 3 of the works plans and being the construction of a southbound merge slip road 280 metres in length beginning at the Little Eaton Roundabout (Work No. 30(a)) and connecting to the realigned A38 (Work No. 23).

• Work No. 28 – shown on sheet no. 3 of the works plans and being the works to stop up Ford Lane, to include the construction of a turning head.

• Work No. 29 – shown on sheet no. 3 of the works plans and being works to alter Ford Lane Bridge.

• Work No. 30 – shown on sheet no. 3 of the works plans and being the alteration, realignment and grading of the A61 (Alfreton Road), to include— the alteration of a roundabout (Little Eaton Roundabout) connecting the realigned A61 (Work No. 30) with the northbound A38 diverge and merge slip roads (Works Nos 24 and 25) the southbound A38 merge slip roads (Works Nos 26 and 27) the realigned B6179 (Work No. 30(b)) and Ford Lane (Work No. 30(c)); the realignment and grading of the B6179 to connect to Little Eaton Roundabout (Work No. 30(a)); the realignment and grading of Ford Lane to connect with Little Eaton Roundabout (Work No. 30(a)); the construction and diversion of the existing National Cycle Network Route No. 54 around Little Eaton Roundabout (Work No. 30(a)) connecting to the B6179 for 340 metres; and works to effect the stopping up and relocation of the private means of access adjacent to the realigned Alfreton Road.

• Work No. 31 – shown on sheet no. 3 of the works plans and being the construction of a flood plain compensation area from the River Derwent adjacent to the existing A38 including access; and the diversion of a foul sewer by 244 metres in length.

• Work No. 32 – shown on sheet no. 3 of the works plans and being the erection and accommodation of a temporary works compound.

• Work No. 33 – shown on sheet no. 3 of the works plans and being the realignment of Ford Lane and reconfiguration of the junction with Lambourn Drive.

• Work No. 34 – shown on sheet no. 3 of the works plans and being the reconfiguration of the junction between the A6 Duffield Road and Ford Lane.

• Work No. 35 – shown on sheet no. 3 of the works plans being the diversion of utilities to accommodate the realignment of the A38, to include the diversion of— an 11kV electricity cable by 106 metres; an 11kV electricity cable by 409 metres; a water trunk main by 326 metres; a water trunk main by 332 metres; a foul sewer pipe by 521 metres; a cadent medium pressure gas pipe by 192 metres; a telecoms cable by 84 metres; a telecoms cable by 221 metres; a combined sewer pipe by 86 metres; and an 11 kV electricity cable by 211 metres.

• Work No. 36 – shown on sheets nos 1, 2, 3 and 4 of the works plans being the installation of advanced directional signage, safety barriers and associated equipment.

• Work No. 37 – shown on sheet no. 3 of the works plans being the establishment of environmental mitigation areas to the north of the realigned A38 (Work No. 10). In connection with the construction of any of those works, further development within the Order limits consisting of— alteration to the layout of any street permanently or temporarily, 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; and altering the level of any such kerb, footpath, footway, cycle track or verge; works required for the strengthening, improvement, maintenance or reconstruction of any street; refurbishment works to any existing bridge; the strengthening, alteration or demolition of any structure; ramps, means of access including private means of access, public rights of way, cycle tracks and crossing facilities; embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, barriers, pumping stations, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts; street works, including breaking up or opening up a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street; works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, pipes, cables, ducts and lights; works to alter the course of or otherwise interfere with a watercourse, including private water supplies; 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; works for the benefit or protection of land affected by the authorised development; site preparation works, site clearance (including fencing, vegetation removal and demolition of existing structures), earthworks (including soil stripping and storage, site levelling), and remediation of contamination; the felling of trees; working sites, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences; and 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.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “CEMP” means the construction environmental management plan;

• “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990[^f00088];

• “core hours” means the period of working hours of 7:30 to 18:00 on any day from Monday to Friday except Good Friday, Christmas Day or a bank holidays and 8:00 to 13:00 on Saturdays and in this definition a “bank holiday” means a holiday as defined in section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00089];

• “County Archaeologist” means the individual nominated or appointed as such by the relevant planning authority;

• “Ecological Clerk of Works” means the individual appointed as such by the undertaker;

• “HEMP” means the handover environmental management plan, being the CEMP to be developed towards the end of the construction of the authorised development which is to contain— the environmental information needed for the future maintenance and operation of the authorised development; the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures as set out in the outline environmental management plan and the prevention of unexpected environmental impacts during the operation of the authorised development; and a record of the consents, commitments and permissions resulting from liaison with statutory bodies;

• “preliminary works” means the works set out in table 1.1 of the outline environmental management plan and for the purposes of these requirements the preliminary works are a part and where any requirement allows discharge for a part, discharge may be sought for the preliminary works only;

• “protected species” means species which are subject to protection under the laws of England or which are European protected species and in this definition “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017[^f00090].

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.

Construction Environmental Management Plan

3

• (1) No part of the authorised development is to commence until a CEMP for that part has been prepared in consultation with the relevant planning authority, the local highway authority and the Environment Agency and submitted to and approved in writing by the Secretary of State.

• (2) The CEMP must—

• (a) be substantially in accordance with the outline environmental management plan;

• (b) contain a record of all the sensitive environmental features that have the potential to be affected by the construction of the proposed development;

• (c) incorporate the measures referred to in the environmental statement as being incorporated in the CEMP;

• (d) require adherence to the core hours, except for—

• (i) night time closures for Markeaton footbridge demolition and installation of a new footbridge;

• (ii) junction and slip road tie-in works to existing highways;

• (iii) installation of bridge decks;

• (iv) installation of sign gantries;

• (v) installation of temporary and permanent line markings;

• (vi) overnight traffic management measures, as agreed with the local highway authority;

• (vii) works associated with traffic management and signal changes; and

• (viii) any emergency works.

Provided that written notification of the extent, timing and duration of each activity is given to relevant local authorities in advance of any works that are to be undertaken outside of core hours, except for any emergency works, which are to be notified to the relevant local authorities as soon as is practicable.

Any other work carried out outside the core hours or any extension to the core hours will only be permitted if there has been prior written agreement of the relevant environmental health officer provided that the activity does not result in materially new or materially different environmental effects as reported in the environmental statement.

• (3) The authorised development must be constructed in accordance with the approved CEMP.

• (4) Prior to completion of construction the undertaker will prepare a HEMP in consultation with the relevant planning authority, the local highway authority and the Environment Agency and submit it to the Secretary of State for written approval.

• (5) Upon completion of construction of the authorised development the CEMP must be converted into the HEMP as approved under sub-paragraph (4) and the HEMP must—

• (a) be substantially in accordance with the relevant HEMP provisions included in the outline environmental management plan and the CEMP;

• (b) contain a record of all the sensitive environmental features that have the potential to be affected by the operation and maintenance of the proposed development; and

• (c) incorporate the measures referred to in the environmental statement as being incorporated in the HEMP.

• (6) The authorised development must be operated and maintained in accordance with the HEMP approved under sub-paragraph (5).

Details of consultation

4

• (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 setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

• (2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.

• (3) The consultation with another party referred to under sub-paragraph (1) is to be for a minimum period of 28 days unless otherwise agreed in writing by the relevant consultee.

• (4) The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.

• (5) Where the consultation responses are not reflected in the details submitted to the Secretary of State for approval, the undertaker must state in the summary report referred to under sub-paragraph (1) the reasons why the consultation responses have not been reflected in the submitted details.

Landscaping

5

• (1) No part of the authorised development other than the preliminary works is to commence until a written landscaping scheme for that part has been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority.

• (2) No part of the authorised development, is to commence until an arboricultural walkover survey and tree survey for that part, taking due regard to the guidance in British Standard 5837:2012, have been undertaken to identify any significant constraints posed by trees.

• (3) The landscaping scheme prepared under sub-paragraph (1) must be based on the outline environmental management plan and the results of the surveys undertaken under sub-paragraph (2).

• (4) The landscaping scheme prepared under sub-paragraph (1) must include details of hard and soft landscaping works, including—

• (a) location, number, species, size and planting density of any proposed planting;

• (b) cultivation, importing of materials and other operations to ensure plant establishment;

• (c) proposed finished ground levels;

• (d) hard surfacing materials;

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

• (f) implementation timetables for all landscaping works.

Implementation and maintenance of landscaping

6

• (1) All landscaping works must be carried out in accordance with the landscaping scheme approved under Requirement 5.

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

• (3) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Fencing

7

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.

Land and groundwater contamination

8

• (1) No part of the authorised development is to commence until a contamination risk assessment has been produced for that part which is to include details of—

• (a) any existing sources of contamination within the Order limits that may be affected by the carrying out of the authorised development;

• (b) any reasonably required protective measures to ensure that the carrying out of the authorised development does not make worse any adverse conditions or risks associated with such existing sources of contamination; and

• (c) appropriate remediation strategies and mitigation measures to address any historic contamination which is shown to be having significant, unacceptable effects on the environment within the context of the proposed works,

and the assessment has been submitted to and approved in writing by the Secretary of State following consultation with the Environment Agency.

• (2) The steps and measures that are identified as necessary for the purposes of carrying out the authorised development in the assessment referred to in sub-paragraph (1) must be implemented as part of the authorised development.

• (3) In the event that contaminated material which was not previously identified in the environmental statement, including impacted groundwater, is found at any time when carrying out the authorised development, the undertaker must cease construction of the authorised development in the vicinity of that contamination and must report it immediately in writing to the Secretary of State, the Environment Agency and the relevant planning authority, and in agreement with the Environment Agency and the relevant planning authority undertake a risk assessment of the contamination, and sub-paragraphs (4) and (5) will apply.

• (4) Where the undertaker determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be prepared submitted to and approved in writing by the Secretary of State following consultation with the Environment Agency and the relevant planning authority.

• (5) Remedial measures must be carried out in accordance with the approved scheme.

Archaeology

9

• (1) No part of the authorised development is to commence until for that part a scheme for the investigation and mitigation of areas of archaeological interest, reflecting the mitigation measures included in chapter 6 of the environmental statement, with provision for sub-written schemes of investigation for each area and each phase (evaluation or detailed excavation or watching brief), has been prepared in consultation with the relevant planning authority, agreed with the County Archaeologist and submitted to and approved in writing by the Secretary of State.

• (2) The authorised development must be carried out in accordance with the archaeological framework strategy and sub-written schemes of investigation referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State.

• (3) A programme of archaeological reporting, post excavation and publication required as part of the archaeological framework strategy and sub-written schemes of investigation referred to in sub-paragraph (1) must be agreed with the County Archaeologist and implemented within a timescale agreed with the County Archaeologist and deposited with the Historic Environment Record of the relevant planning authority within two years of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority.

• (4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be—

• (a) retained in situ and reported to the County Archaeologist as soon as reasonably practicable; and

• (b) subject to appropriate mitigation as set out in the archaeological framework strategy and mitigation agreed with the County Archaeologist.

• (5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date the remains are reported to the County Archaeologist under sub-paragraph (4) unless otherwise agreed in writing by the Secretary of State.

• (6) On completion of the authorised development, suitable resources and provisions for long term storage of the archaeological archive will be agreed with the County Archaeologist.

Protected species

10

• (1) In the event that any protected species which were not previously identified in the environmental statement or nesting birds are found at any time when carrying out the authorised development the undertaker must cease construction works near their location and report it immediately to the Ecological Clerk of Works.

• (2) The undertaker must in consultation with Natural England prepare a written scheme for the protection and mitigation measures for any protected species that were not previously identified in the environmental statement or nesting birds found when carrying out the authorised development. Where nesting birds are identified works should cease within 10 metres of the nest until birds have fledged and the nest is no longer in use.

• (3) The undertaker must implement the written scheme prepared under sub-paragraph (2) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.

Traffic management

11

• (1) No part of the authorised development other than the preliminary works is to commence until a traffic management plan for the construction of the authorised development substantially in accordance with the traffic management plan (application document reference 7.4) has been submitted to and approved in writing by the Secretary of State following consultation with the local highway authority.

• (2) The authorised development must be constructed in accordance with the approved traffic management plan.

Detailed design

12

• (1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the works plans and the engineering section drawings, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and local highway authority on matters related to their functions and provided that the Secretary of State is satisfied that any amendments to the works plans and the engineering section drawings showing departures from the preliminary design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

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

Surface and foul water drainage

13

• (1) No part of the authorised development other than the preliminary works is to commence until written details of the surface and foul water drainage system, reflecting the mitigation measures in the CEMP and in chapter 13 of the environmental statement, including means of pollution control, have been submitted to, and approved in writing, by the Secretary of State following consultation with the relevant planning authority and the local highway authority.

• (2) The drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority.

• (3) The surface and foul water drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) and subsequently maintained.

Flood compensation and storage

14

• (1) No part of the authorised development at Little Eaton is to commence until a detailed floodplain compensation scheme for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the Environment Agency.

• (2) No part of the authorised development at Kingsway is to commence until a detailed flood storage scheme for that part has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

• (3) The scheme prepared under sub-paragraph (1) must provide suitable floodplain compensation for any flood waters that would be displaced by the authorised development in the 1 in 100 year event including 50% allowance for climate change.

• (4) The scheme prepared under sub-paragraph (2) must provide suitable flood storage for any flood waters that would be displaced by the authorised development in the 1 in 100 year event including a 40% allowance for climate change.

• (5) The schemes must be fully implemented as approved and subsequently maintained.

Noise Mitigation

15

• (1) No part of the authorised development is to commence until written details of proposed noise mitigation in respect of the use and operation of that part of the authorised development have been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

• (2) The written details referred to in sub-paragraph (1) must either reflect the mitigation measures included in the environmental statement and the noise barriers must be provided in the locations shown on the environmental mitigation plan(s) or, where the mitigation proposed materially differs from the mitigation identified in the environmental statement, the undertaker must provide evidence with the written details submitted that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

• (3) The noise mitigation must be constructed in accordance with the approved details referred to in sub-paragraph (1) and must be retained thereafter.

Highway lighting

16

• (1) No part of the authorised development is to commence until a written scheme of the proposed highway lighting to be provided for that part of the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and (in the case of proposed lighting for any highway for which the undertaker is not, or will not be following implementation of article 16, the highway authority) the local highway authority.

• (2) The standard of the highway lighting to be provided by the scheme referred to in sub-paragraph (1) must either reflect the standard of the highway lighting included in the environmental statement or, where the standard of the highway lighting proposed materially differs from the standard of the highway lighting identified in the environmental statement, the undertaker must provide evidence with the written scheme submitted for approval that the standard of the highway lighting proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement. The standard of the highway lighting must encompass the specification, level of provision, light spillage, intensity and brightness of the highway lighting.

• (3) The authorised development must be carried out in accordance with the scheme approved under sub-paragraph (1).

• (4) Nothing in this requirement restricts the lighting of the authorised development during its construction or where temporarily required for maintenance.

Approvals and amendments to approved details

17

With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed in writing by the Secretary of State.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

18

• (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

• (a) the day immediately following that on which the application is received by the Secretary of State;

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 19; or

• (c) such longer period as may be agreed between the parties.

• (2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

• (3) Where—

• (a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

• (b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

• (c) the application is accompanied by a report referred to in paragraph 4 stating that, in the view of a body required to be consulted by the undertaker under the requirement in question, the subject matter of the application is likely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

then the application is taken to have been refused by the Secretary of State at the end of that period.

Further information

19

• (1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

• (2) In the event that the Secretary of State considers such further information to be necessary, the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within this 21 day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

• (3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 18 (applications made under requirements) and in this paragraph.

• (4) In this paragraph, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00091].

Register of requirements

20

• (1) 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 register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

• (2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

• (3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Anticipatory steps towards compliance with any requirement

21

If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

PART 1 — TRUNK ROADS

(1)	(2)
Area	Length of road
Kingsway	Kingsway
Derby City Council	A38 northbound carriageway between point A and point B, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising of 1200 metres.
Derby City Council	A38 northbound diverge slip road onto Kingsway West Roundabout between point C and point D, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising of 588 metres.
Derby City Council	A38 northbound merge slip road onto the A38 northbound carriageway between point E and point F, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising of 302 metres.
Derby City Council	A38 southbound carriageway between point G and point H, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising of 1200 metres.
Derby City Council	A38 southbound diverge slip road onto Kingsway East Roundabout between point I and J, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising of 315 metres.
Derby City Council	A38 southbound merge slip road onto the A38 southbound carriageway between point K and point L, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising of 528 metres.
Derby City Council	Reference M Kingsway West Roundabout from point R to point N, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising of 118 metres.
Derby City Council	Kingsway West Roundabout junction Overbridge link road between points N and R and points O and Q, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising of 70 metres.
Derby City Council	Reference P Kingsway East Roundabout circulatory carriageway, comprising 208 metres, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans.
Markeaton	Markeaton
Derby City Council	A38 northbound carriageway road between point BB and point CC, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising of 1234 metres.
Derby City Council	A38 southbound carriageway road between point PP and point QQ, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising of 1239 metres.
Derby City Council	A38 northbound diverge slip road onto Markeaton junction roundabout between point DD and point EE, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 372 metres.
Derby City Council	A38 northbound diverge slip road onto the A38 northbound carriageway between point JJ and point KK, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 275 metres.
Derby City Council	A38 northbound diverge slip road onto Kedleston Road between point LL and point MM, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 225 metres.
Derby City Council	A38 southbound merge slip road from Kedleston Road onto the A38 southbound carriageway between point NN and point OO, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 207 metres.
Derby City Council	A38 southbound diverge slip road onto Markeaton junction roundabout between point RR and point SS, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 307 metres.
Derby City Council	A38 southbound merge slip road onto the A38 southbound carriageway between point XX and point YY, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 286 metres.
Little Eaton	Little Eaton
Derbyshire County Council	A38 northbound carriageway road between point ZZ and point A1, as shown on Sheet 3 (Little Eaton junction) of the classification of roads plans, comprising of 1267 metres.
Derbyshire County Council	A38 southbound carriageway road between point K1 and point L1, as shown on Sheet 3 (Little Eaton junction) of the classification of roads plans, comprising of 1300 metres.
Derbyshire County Council	A38 northbound diverge slip road onto Little Eaton junction roundabout between point B1 and point C1, as shown on Sheet 3 (Little Eaton junction) of the classification of roads plans, comprising 441 metres.
Derbyshire County Council	A38 northbound merge slip road onto the A38 northbound carriageway from Little Eaton junction roundabout between point I1 and point J1, as shown on Sheet 3 (Little Eaton junction) of the classification of roads plans, comprising 340 metres.
Derbyshire County Council	A38 southbound diverge slip road onto Little Eaton junction roundabout between point M1 and N1, as shown on Sheet 3 (Little Eaton junction) of the classification of roads plans, comprising 524 metres.
Derbyshire County Council	A38 southbound diverge slip road onto the A61 Alfreton Road between point O1 and P1, as shown on Sheet 3 (Little Eaton junction) of the classification of roads plans, comprising 260 metres.
Derbyshire County Council	A38 southbound merge slip road onto the A38 southbound carriageway from Little Eaton junction roundabout between point V1 and point W1, as shown on Sheet 3 (Little Eaton junction) of the classification of roads plans, comprising 426 metres.

PART 2 — DE-TRUNKED ROADS

(1)	(2)
Area	Length of road
Markeaton	Markeaton
Derby City Council	Reference A1 The whole length of the circulatory carriageway on Markeaton junction as shown on Sheet 4 (Markeaton junction) of the classification of roads plans, comprising 206 metres.
Little Eaton	Little Eaton
Derbyshire County Council	Reference B1 The whole length of the circulatory carriageway on Little Eaton junction as shown on Sheet 5 (Little Eaton junction) of the classification of roads plans, comprising 230 metres.

PART 3 — CLASSIFIED ROADS

(1)	(2)
Area	Length of road
Kingsway	Kingsway
Derby City Council	A511 Kingsway Road carriageway between point T and V and point U on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising 182 metres.
Markeaton	Markeaton
Derby City Council	A52 Ashbourne Road carriageway between points FF and HH and points II and GG on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 264 metres.
Derby City Council	Reference TT Markeaton roundabout circulatory carriageway, comprising 210 metres, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans.
Derby City Council	A52 Ashbourne Road carriageway between points UU and VV and point WW on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 87 metres.
Little Eaton	Little Eaton
Derbyshire County Council	B6179 Alfreton Road northbound carriageway between points F1 and H1 and point G1 on Sheet 3 (Little Eaton junction) of the classification of roads plans, comprising 49 metres.
Derbyshire County Council	Reference Q1 Little Eaton roundabout circulatory carriageway, comprising 348 metres, as shown on Sheet 3 (Little Eaton junction) of the classification of roads plans.
Derbyshire County Council	A61 Alfreton Road southbound carriageway between point R1 and point S1 on Sheet 3 (Little Eaton junction) classification of roads plans, comprising 106 metres.
Derbyshire County Council	A61 Alfreton Road northbound carriageway between point T1 and point U1 on Sheet 3 (Little Eaton junction) classification of roads plans, comprising 106 metres.

PART 4 — UNCLASSIFIED ROADS

(1)	(2)
Area	Length of road
Kingsway	Kingsway
Derby City Council	Kingsway park close link road between points W and Y and point X, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising 224 metres.
Derby City Council	Kingsway park close road between point Z and point AA, as shown on Sheet 1 (Kingsway junction) of the classification of roads plans, comprising 27 metres.
Markeaton	Markeaton
Derby City Council	Markeaton park access road between point X1 and point Y1, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 94 metres.
Derby City Council	Reference Z1 Markeaton park access circulatory carriageway, as shown on Sheet 2 (Markeaton junction) of the classification of roads plans, comprising 58 metres.
Little Eaton	Little Eaton
Derbyshire County Council	Ford lane between point D1 and point E1, as shown on Sheet 3 (Little Eaton junction) of the classification of roads plans, comprising 24 metres.

PART 5 — SPEED LIMITS