The A66 Northern Trans-Pennine Development Consent Order 2024

• “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at 1 Eversholt Street, London NW1 2DN) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 (meaning of “subsidiary” etc.) of the Companies Act 2006¹³¹) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking;

• “plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

• “railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

• “railway property” means any railway belonging to Network Rail and—any station, land, works, apparatus and equipment belonging to Network Rail or connected with any such railway; andany easement or other property interest held or used by Network Rail or a tenant or licencee of Network Rail for the purposes of such railway or works, apparatus or equipment;

• “regulatory consents” means any consent or approval required under—the Railways Act 1993;the network licence; and/orany other relevant statutory regulatory provisions,by either the Office of Rail and Road or the Secretary of State for Transport or any other competent body including change procedures and any other consents, approvals of any other accessor beneficiary that may be required in relation to the authorised development any accessor beneficiary that may be required in relation to the authorised development; and

• “specified work” means so much of any of the authorised development as is situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property and for the avoidance of doubt, includes the maintenance of such works under the powers conferred by article 5 (maintenance of the authorised development) in respect of such works.

65

• (1) Where under this Part of this Schedule Network Rail is required to give its consent or approval in respect of any matter, that consent or approval is subject to the condition that Network Rail complies with any relevant railway operational procedures and any obligations under its network licence or under statute.

• (2) In so far as any specified work or the acquisition or use of railway property is or may be subject to railway operational procedures, Network Rail must—

• (a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

• (b) use their reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development pursuant to this Order.

66

• (1) The undertaker must not exercise the powers conferred by—

• (a) article 13 (discharge of water);

• (b) article 14 (protective works to buildings);

• (c) article 15 (authority to survey and investigate land);

• (d) article 17 (felling or lopping of trees and hedgerows);

• (e) article 19 (compulsory acquisition of land);

• (f) article 22 (compulsory acquisition of rights and restrictive covenants);

• (g) article 23 (private rights over land);

• (h) article 24 (power to override easements and other rights);

• (i) article 27 (acquisition of subsoil, etc., only);

• (j) article 28 (rights over or under streets);

• (k) article 29 (temporary use of land for constructing the authorised development);

• (l) article 30 (temporary use of land for maintaining the authorised development);

• (m) article 31 (statutory undertakers);

• (n) the powers conferred by section 11(3) (power of entry) of the 1965 Act;

• (o) the powers conferred by section 203 (power to override easements and rights) of the Housing and Planning Act 2016¹³²;

• (p) the powers conferred by section 172 (right to enter and survey land) of the Housing and Planning Act 2016; and

• (q) any powers in respect of the temporary possession of land under the Neighbourhood Planning Act 2017¹³³,

in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

• (2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

• (3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272¹³⁴ (extinguishment of rights of electronic communication code network operators: preliminary notices) of the 1990 Act, or article 31 (statutory undertakers), in relation to any right of access of Network Rail to railway property, but such right of access may be diverted with the consent of Network Rail.

• (4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over, or seek to impose any restrictive covenants over, any railway property, or extinguish any existing rights of Network Rail in respect of any third party property, except with the consent of Network Rail.

• (5) The undertaker must not under the powers of this Order do anything which would result in railway property being incapable of being used or maintained or which would affect the safe running of trains on the railway.

• (6) Where Network Rail is asked to give its consent pursuant to this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions but it will never be unreasonable to withhold consent for reasons of operational railway safety (such matters to be in network Rail’s absolute discretion).

• (7) The undertaker must enter into an asset protection agreement prior to the commencement of any specified work.

67

• (1) The undertaker must before commencing construction of any specified work supply to Network Rail proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled in accordance with article 51 (arbitration).

• (2) The approval of the engineer under sub-paragraph (1) must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to Network Rail the engineer has not intimated disapproval of those plans and the grounds of such disapproval the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 28 days beginning with the date upon which the engineer receives written notice from the undertaker. If by the expiry of the further 28 days the engineer has not intimated approval or disapproval, the engineer shall be deemed to have approved the plans as submitted.

• (3) If by the end of the period of 28 days beginning with the date on which written notice was served upon the engineer under sub-paragraph (2), Network Rail gives notice to the undertaker that Network Rail desires itself to construct any part of a specified work which in the opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker desires such part of the specified work to be constructed, Network Rail must construct it without unnecessary delay on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

• (4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of Network Rail or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by Network Rail or by the undertaker, if Network Rail so desires, and such protective works must be carried out at the expense of the undertaker in either case without unnecessary delay and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.

68

• (1) Any specified work and any protective works to be constructed by virtue of paragraph 67(4) must, when commenced, be constructed—

• (a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 67;

• (b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

• (c) in such manner as to cause as little damage as is possible to railway property; and

• (d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of Network Rail or the traffic thereon and the use by passengers of railway property.

• (2) If any damage to railway property or any such interference or obstruction shall be caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must, notwithstanding any such approval, make good such damage and must pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may sustain by reason of any such damage, interference or obstruction.

• (3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of Network Rail or its servants, contractors or agents or any liability on Network Rail with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

69

The undertaker must—

• (a) at all times afford reasonable facilities to the engineer for access to a specified work during its construction; and

• (b) supply the engineer with all such information as they may reasonably require with regard to a specified work or the method of constructing it.

70

Network Rail must at all times afford reasonable facilities to the undertaker and its agents for access to any works carried out by Network Rail under this Part of this Schedule during their construction and must supply the undertaker with such information as it may reasonably require with regard to such works or the method of constructing them.

71

• (1) If any permanent or temporary alterations or additions to railway property, are reasonably necessary in consequence of the construction of a specified work or a protective works, during a period of 24 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of Network Rail, such alterations and additions may be carried out by Network Rail and if Network Rail gives to the undertaker reasonable written notice of its intention to carry out such alterations or additions (which must be specified in the notice), the undertaker must pay to Network Rail the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be reasonably incurred by Network Rail in maintaining, working and, when necessary, renewing any such alterations or additions.

• (2) If during the construction of a specified work or a protective work by the undertaker, Network Rail gives notice to the undertaker that Network Rail desires itself to construct that part of the specified work or the protective work which in the opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of Network Rail then, if the undertaker decides that part of the specified work or the protective work is to be constructed, Network Rail must assume construction of that part of the specified work or the protective work and the undertaker must, notwithstanding any such approval of a specified work or a protective work under paragraph 67(4), pay to Network Rail all reasonable expenses to which Network Rail may be put and compensation for any loss which it may suffer by reason of the execution by Network Rail of that specified work or protective work.

• (3) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 72(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

• (4) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving must be set off against any sum payable by the undertaker to Network Rail under this paragraph.

72

The undertaker must repay to Network Rail all reasonable fees, costs, charges and expenses reasonably incurred by Network Rail—

• (a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 67(3) or in constructing any protective works under the provisions of paragraph 67(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

• (b) in respect of the approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work or a protective work;

• (c) in respect of the employment or procurement of the services of any inspectors, signallers, watch-persons and other persons whom it shall be reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work or a protective work;

• (d) in respect of any special traffic working resulting from any speed restrictions which may in the opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or a protective work or from the substitution or diversion of services which may be reasonably necessary for the same reason; and

• (e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works or a protective work, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work or a protective work.

73

• (1) In this paragraph—

• “EMI” means, subject to sub-paragraph (2), electromagnetic interference with Network Rail apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of Network Rail’s apparatus; and

• “Network Rail’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by Network Rail for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

• (2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to Network Rail’s apparatus carried out after approval of plans under paragraph 67(1) for the relevant part of the authorised development giving rise to EMI (unless the undertaker has been given notice in writing before the approval of those plans of the intention to make such change).

• (3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with Network Rail (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

• (4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

• (a) the undertaker must consult with Network Rail as early as reasonably practicable to identify all Network Rail’s apparatus which may be at risk of EMI, and thereafter must continue to consult with Network Rail (both before and after formal submission of plans under paragraph 67(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

• (b) Network Rail must make available to the undertaker all information in the possession of Network Rail reasonably requested by the undertaker in respect of Network Rail’s apparatus identified pursuant to sub-paragraph (a); and

• (c) Network Rail must allow the undertaker reasonable facilities for the inspection of Network Rail’s apparatus identified pursuant to sub-paragraph (a).

• (5) In any case where it is established that EMI can only reasonably be prevented by modifications to Network Rail’s apparatus, Network Rail must not withhold its consent unreasonably to modifications of Network Rail’s apparatus, but the means of prevention and the method of their execution must be selected in the reasonable discretion of Network Rail, and in relation to such modifications paragraph 67(1) has effect subject to this sub-paragraph.

• (6) Prior to the commencement of the operation of the authorised development the undertaker must test the use and operation of the authorised development in a manner that must first have been agreed with Network Rail and if, regardless of any measures adopted pursuant to sub-paragraph (3), the testing of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by Network Rail of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) forthwith cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to Network Rail’s apparatus.

• (7) In the event of EMI having occurred—

• (a) the undertaker must afford reasonable facilities to Network Rail for access to the undertaker’s apparatus in the investigation of such EMI;

• (b) Network Rail must afford reasonable facilities to the undertaker for access to Network Rail’s apparatus in the investigation of such EMI;

• (c) Network Rail must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of Network Rail’s apparatus or such EMI; and

• (d) the undertaker must not allow the use or operation of the authorised development in a manner that has caused or will cause EMI until measures have been taken in accordance with this paragraph to prevent EMI occurring.

• (8) Where Network Rail approves modifications to Network Rail’s apparatus pursuant to sub-paragraph (5) or (6)—

• (a) Network Rail must allow the undertaker reasonable facilities for the inspection of the relevant part of Network Rail’s apparatus; and

• (b) any modifications to Network Rail’s apparatus approved pursuant to those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 68.

• (9) To the extent that it would not otherwise do so, the indemnity in paragraph 77(1) applies to the costs and expenses reasonably incurred or losses suffered by Network Rail through the implementation of the provisions of this paragraph (including costs incurred in connection with the consideration of proposals, approval of plans, supervision and inspection of works and facilitating access to Network Rail’s apparatus) or in consequence of any EMI to which sub-paragraph (6) applies.

• (10) For the purpose of paragraph 72(a) any modifications to Network Rail’s apparatus under this paragraph shall be deemed to be protective works referred to in that paragraph.

• (11) In relation to any dispute arising under this paragraph the reference in article 51 (arbitration) to a single arbitrator to be agreed between the parties is to be read as a reference to an arbitrator being a member of the Institution of Engineering and Technology.

74

If at any time after the completion of a specified work or a protective work, not being a work vested in Network Rail, Network Rail gives notice to the undertaker informing it that the state of maintenance of any part of the specified work or the protective work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work or protective work in such state of maintenance as not adversely to affect railway property.

75

The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work in the vicinity of any railway belonging to Network Rail unless it has first consulted Network Rail and it must comply with Network Rail’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

76

Any additional expenses which Network Rail may reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work or a protective work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to Network Rail.

77

• (1) The undertaker must pay to Network Rail all reasonable costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule which may be occasioned to or reasonably incurred by Network Rail—

• (a) by reason of the construction, maintenance or operation of a specified work or protective work or the failure thereof;

• (b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon a specified work or a protective work;

• (c) by reason of any act or omission of the undertaker or any person in its employ or of its contractors or others whilst accessing to or egressing from the authorised development;

• (d) in respect of any damage caused to or additional maintenance required to, railway property or any such interference or obstruction or delay to the operation of the railway as a result of access to or egress from the authorised development by the undertaker or any person in its employ or of its contractors or others; or

• (e) in respect of costs incurred by Network Rail in complying with any railway operational procedures or obtaining any regulatory consents which procedures are required to be followed or consents obtained to facilitate the carrying out of the authorised development,

and the undertaker must indemnify and keep indemnified Network Rail from and against all claims and demands arising out of or in connection with a specified work or a protective work or any such failure, act or omission; and the fact that any act or thing may have been done by Network Rail on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision shall not (if it was done without negligence on the part of Network Rail or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

• (2) Network Rail must give the undertaker reasonable written notice of any such claim or demand and no settlement or compromise of such claim or demand is to be made without the prior written consent of the undertaker.

• (3) The sums payable by the undertaker under sub-paragraph (1) will if relevant include a sum equivalent to the relevant costs.

• (4) Subject to the terms of any agreement between Network Rail and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, Network Rail must promptly pay to each train operator the amount of any sums which Network Rail receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

• (5) The obligation under sub-paragraph (3) to pay Network Rail the relevant costs is, in the event of default, enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator pursuant to sub-paragraph (4).

• (6) In this paragraph—

• “the relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any specified work or protective work including but not limited to any restriction of the use of Network Rail’s railway network as a result of the construction, maintenance or failure of a specified work or a protective work or any such act or omission as mentioned in sub-paragraph (1); and

• “train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 of the Railways Act 1993.

78

Network Rail must, on receipt of a request from the undertaker, from time to time provide the undertaker free of charge with written estimates of the costs, charges, expenses and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 77) and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made pursuant to this Part of this Schedule (including any claim relating to those relevant costs).

79

In the assessment of any sums payable to Network Rail under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by Network Rail if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.

80

The undertaker and Network Rail may, subject in the case of Network Rail to compliance with the terms of its network licence, enter into, and carry into effect, agreements for the transfer to the undertaker of—

• (a) any railway property shown on the works and land plans and described in the book of reference;

• (b) any lands, works or other property held in connection with any such railway property; and

• (c) any rights and obligations (whether or not statutory) of Network Rail relating to any railway property or any lands, works or other property referred to in this paragraph.

81

Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part I of the Railways Act 1993.

82

The undertaker must give written notice to Network Rail if any application is proposed to be made by the undertaker for the Secretary of State’s consent, under article 44 (consent to transfer benefit of Order) of this Order and any such notice must be given no later than 28 days before any such application is made and must describe or give (as appropriate)—

• (a) the nature of the application to be made;

• (b) the extent of the geographical area to which the application relates; and

• (c) the name and address of the person acting for the Secretary of State to whom the application is to be made.

83

The undertaker must no later than 28 days from the date that the plans submitted to and certified by the Secretary of State in accordance with article 49 (certification of plans, etc.) are certified by the Secretary of State, provide a set of those plans to Network Rail in a format specified by Network Rail.

PART 7 — FOR THE PROTECTION OF DRAINAGE AUTHORITIES

84

The provisions of this Part of this Schedule apply for the protection of the drainage authorities unless otherwise agreed between the undertaker and a drainage authority.

85

In this Part of this Schedule—

• “construction” includes execution, placing, altering, laying, replacing, relaying, connecting, building, installing, removal and excavation, and “construct” and “constructed” are to be construed accordingly;

• “drainage authority” means the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses) the Land Drainage Act 1991¹³⁵;

• “drainage work” means any ordinary watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence in connection with an ordinary watercourse which is the responsibility of the drainage authority;

• “ordinary watercourse” has the same meaning as given in section 72 (interpretation) of the Land Drainage Act 1991;

• “plans” includes sections, drawings, specifications and method statements; and

• “specified work” means any of the following works carried out in relation to or which may affect any ordinary watercourse—erecting any mill dam, weir or other similar obstruction to the flow of the watercourse, or raising or otherwise altering any such obstruction;construction or installation of a bridge or other structure;installing a culvert in the watercourse; oraltering a watercourse or a culvert or other form of drainage infrastructure in a manner that would be likely to affect the flow of the watercourse.

86

• (1) Before beginning to construct any specified work, the undertaker must submit to the drainage authority plans of the work, and such further particulars as the drainage authority may within 14 days of the first submission of the plans reasonably require.

• (2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority, or determined under paragraph 92.

• (3) The drainage authority must approve or refuse approval of the plans for a specified work within 28 days of receipt of the later of—

• (a) the plans under sub-paragraph (1); or

• (b) such further particulars as the drainage authority may reasonably require under sub-paragraph (1).

• (4) Any approval of the drainage authority required under this paragraph—

• (a) must not be unreasonably withheld or delayed;

• (b) is to be deemed to have been given if it is neither given nor refused within the period specified in sub-paragraph (3); and

• (c) may be given subject to such reasonable requirements or conditions as the drainage authority may make for the protection of any ordinary watercourse or for the prevention of flooding.

87

The requirements or conditions which the drainage authority may make under paragraph 86 include conditions requiring the undertaker at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—

• (a) to safeguard any ordinary watercourse against damage, or

• (b) to secure that the efficiency of any ordinary watercourse for flood defence or land drainage purposes is not impaired and that the risk of flooding is not otherwise increased, by reason of the specified work in relation to the ordinary watercourse.

88

• (1) Any specified work in relation to an ordinary watercourse, and all protective works required by the drainage authority under paragraph 86, must be constructed to the reasonable satisfaction of the drainage authority and an officer of the drainage authority is entitled, on giving such notice as may be reasonable in the circumstances, to inspect and watch the construction of such works.

• (2) The undertaker must give to the drainage authority not less than 14 days’ notice of its intention to commence construction of any specified work and the undertaker must give to the drainage authority notice of completion of a specified work not later than 7 days after the date on which it is brought into use.

• (3) If any part of a specified work in, over or under any ordinary watercourse is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice require the undertaker at its own expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld) at the undertaker’s expense to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

• (4) Subject to sub-paragraph (5), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (3) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress toward their implementation, the drainage authority may execute the works specified in the notice and any expenditure reasonably incurred by it in so doing is to be recoverable from the undertaker.

• (5) In the event of any dispute as to whether sub-paragraph (3) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not, except in an emergency, exercise the powers conferred by sub-paragraph (4) until the dispute has been finally determined.

89

• (1) From the commencement of the construction of any specified work until the date falling 12 months from the date of completion of the specified work (“the maintenance period”), the undertaker must at its expense, maintain in good repair and condition and free from obstruction the drainage work which is situated within the limits of deviation for that specified work and within land held or occupied by the undertaker, whether the drainage work is constructed under this Order or is already in existence.

• (2) If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, it may by notice require the undertaker to maintain the drainage work at the undertaker’s expense, or any part of it, to such extent as the drainage authority reasonably requires.

• (3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in doing so from the undertaker.

• (4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not, except in a case of emergency, exercise the powers of sub-paragraph (3) until the dispute has been finally determined.

• (5) This paragraph does not apply to—

• (a) drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

• (b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule provided that any obstruction is removed as soon as reasonably practicable.

90

Subject to paragraph 89(5)(b), if by reason of the construction of any specified work or of the failure of any such work the efficiency of any ordinary watercourse for flood defence or land drainage purposes is impaired, or that watercourse is otherwise damaged, so as to require remedial action, such impairment or damage must be made good by the undertaker at its own expense to the reasonable satisfaction of the drainage authority and if the undertaker fails to do so, the drainage authority may make good the same and recover the expense reasonably incurred by it in so doing from the undertaker.

91

• (1) The undertaker must make reasonable compensation for costs, charges and expenses which it may reasonably incur or which it may sustain—

• (a) in the examination or approval of plans under this Part of this Schedule; and

• (b) in the inspection and supervision of the construction of a specified work in respect of an ordinary watercourse or any protective works required by the drainage authority under this Part of this Schedule.

• (2) The maximum amount payable to the drainage authority under sub-paragraph (1)(a) or (1)(b) is to be the same as would have been payable to the drainage authority in accordance with the scale of charges for pre-application advice and land drainage consent applications published on the drainage authority’s website from time to time.

92

Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule is to be determined by arbitration in accordance with article 51 (arbitration) of the Order.

SCHEDULE 10 — DOCUMENTS TO BE CERTIFIED

(1)Document	(2)Description	(3)Reference	(4)Date submitted
Book of reference	Book of Reference – Volume One: Scheme 0102: M6 Junction 40 to Kemplay Bank	5.7 (Rev P04)	16/5/2023
Book of reference	Book of Reference – Volume Two: Scheme 03: Penrith to Temple Sowerby	5.7 (Rev P03)	16/5/2023
Book of reference	Book of Reference – Volume Three: Scheme 0405: Temple Sowerby to Appleby	5.7 (Rev P03)	16/5/2023
Book of reference	Book of Reference – Volume Four: Scheme 06: Appleby to Brough	5.7 (Rev P06)	16/5/2023
Book of reference	Book of Reference – Volume Five: Scheme 07: Bowes Bypass	5.7 (Rev P03)	16/5/2023
Book of reference	Book of Reference – Volume Six: Scheme 08: Cross Lanes to Rokeby	5.7 (Rev P03)	16/5/2023
Book of reference	Book of Reference – Volume Seven: Scheme 09: Stephen Bank to Carkin Moor	5.7 (Rev P03)	16/5/2023
Book of reference	Book of Reference – Volume Eight: Scheme 11: A1(M) Junction 53 Scotch Corner	5.7 (Rev P03)	16/5/2023
Classification of roads plans	Classification of Roads Plan Scheme 0102: M6 Junction 4 to Kemplay Bank	5.20	21/6/2022
Classification of roads plans	Classification of Roads Plan Scheme 03: Penrith to Temple Sowerby	5.20	21/6/2022
Classification of roads plans	Classification of Roads Plan Scheme 0405: Temple Sowerby to Appleby	5.20	21/6/2022
Classification of roads plans	Classification of Roads Plan Scheme 06: Appleby to Brough	5.20 (Rev 3)	16/5/2023
Classification of roads plans	Classification of Roads Plan Scheme 07: Bowes Bypass	5.20 (Rev 2)	9/5/2023
Classification of roads plans	Classification of Roads Plan Scheme 08: Cross Lanes to Rokeby	5.20	21/6/2022
Classification of roads plans	Classification of Roads Plan Scheme 09: Stephen Bank to Carkin Moor	5.20	21/6/2022
Crown land plans	Crown Land Plans Scheme 06: Appleby to Brough	5.14 (Rev 4)	26/5/2023
Crown land plans	Crown Land Plans Scheme 07: Bowes Bypass	5.14	21/6/2022
Design principles	Project Design Principles	5.11 (Rev 5)	16/5/2023
De-trunking plans	De-Trunking Plans Scheme 0102: M6 Junction 40 to Kemplay Bank	5.21	21/6/2022
De-trunking plans	De-Trunking Plans Scheme 03: Penrith to Temple Sowerby	5.21 (Rev 2)	9/5/2023
De-trunking plans	De-Trunking Plans Scheme 0405: Temple Sowerby to Appleby	5.21	21/6/2022
De-trunking plans	De-Trunking Plans Scheme 06: Appleby to Brough	5.21 (Rev 2)	9/5/2023
De-trunking plans	De-Trunking Plans Scheme 07: Bowes Bypass	5.21 (Rev 2)	9/5/2023
De-trunking plans	De-Trunking Plans Scheme 08: Cross Lanes to Rokeby	5.21	21/6/2022
De-trunking plans	De-Trunking Plans Scheme 09: Stephen Bank to Carkin Moor	5.21 (Rev 2)	9/5/2023
Engineering section drawings: cross sections	Engineering Section Drawings: Cross Sections Scheme 0102: M6 Junction 40 to Kemplay Bank	5.18 (Rev 2)	9/5/2023
Engineering section drawings: cross sections	Engineering Section Drawings: Cross Sections Scheme 03: Penrith to Temple Sowerby	5.18 (Rev 2)	9/5/2023
Engineering section drawings: cross sections	Engineering Section Drawings: Cross Sections Scheme 0405: Temple Sowerby to Appleby	5.18 (Rev 2)	9/5/2023
Engineering section drawings: cross sections	Engineering Section Drawings: Cross Sections Scheme 06: Appleby to Brough	5.18 (Rev 2)	9/5/2023
Engineering section drawings: cross sections	Engineering Section Drawings: Cross Sections Scheme 07: Bowes Bypass	5.18 (Rev 2)	9/5/2023
Engineering section drawings: cross sections	Engineering Section Drawings: Cross Sections Scheme 08: Cross Lanes to Rokeby	5.18	21/6/2022
Engineering section drawings: cross sections	Engineering Section Drawings: Cross Sections Scheme 09: Stephen Bank to Carkin Moor	5.18 (Rev 2)	9/5/2023
Engineering section drawings: cross sections	Engineering Section Drawings: Cross Sections Scheme 11: A1(M) Junction 53 Scotch Corner	5.18	21/6/2022
Engineering section drawings: plan and profiles	Engineering Section Drawings: Plan and Profiles Scheme 0102: M6 Junction 40 to Kemplay Bank	5.17 (Rev 2)	9/5/2023
Engineering section drawings: plan and profiles	Engineering Section Drawings: Plan and Profiles Scheme 03: Penrith to Temple Sowerby	5.17 (Rev 2)	9/5/2023
Engineering section drawings: plan and profiles	Engineering Section Drawings: Plan and Profiles Scheme 0405: Temple Sowerby to Appleby	5.17 (Rev 2)	9/5/2023
Engineering section drawings: plan and profiles	Engineering Section Drawings: Plan and Profiles Scheme 06: Appleby to Brough	5.17 (Rev 3)	16/5/2023
Engineering section drawings: plan and profiles	Engineering Section Drawings: Plan and Profiles Scheme 07: Bowes Bypass	5.17 (Rev 2)	9/5/2023
Engineering section drawings: plan and profiles	Engineering Section Drawings: Plan and Profiles Scheme 08: Cross Lanes to Rokeby	5.17	21/6/2022
Engineering section drawings: plan and profiles	Engineering Section Drawings: Plan and Profiles Scheme 09: Stephen Bank to Carkin Moor	5.17 (Rev 2)	9/5/2023
Engineering section drawings: plan and profiles	Engineering Section Drawings: Plan and Profiles Scheme 11: A1(M) Junction 53 Scotch Corner	5.17	21/6/2022
Environmental management plan	Environmental Management Plan	2.7 (Rev 5)	16/5/2023
Environmental management plan	Environmental Management Plan Annex A Constraints Plan	2.7	21/6/2022
Environmental management plan	Environmental Management Plan Annex B1 Outline Landscape and Ecology Management Plan	2.7 (Rev 4)	16/5/2023
Environmental management plan	Environmental Management Plan Annex B2 Outline Site Waste Management Plan	2.7 (Rev 2)	24/1/2023
Environmental management plan	Environmental Management Plan Annex B3 Outline Heritage Mitigation Strategy	2.7 (Rev 5)	16/5/2023
Environmental management plan	Environmental Management Plan Annex B4 Air Quality and Dust Management Plan	2.7 (Rev 3)	16/5/2023
Environmental management plan	Environmental Management Plan Annex B5 Noise and Vibration Management Plan	2.7 (Rev 3)	16/5/2023
Environmental management plan	Environmental Management Plan Annex B6 Public Rights of Way Management Plan	2.7	21/6/2022
Environmental management plan	Environmental Management Plan Annex B7 Ground and Surface Water Management Plan	2.7 (Rev 2)	24/1/2023
Environmental management plan	Environmental Management Plan Annex B8 Materials Management Plan	2.7	21/6/2022
Environmental management plan	Environmental Management Plan Annex B9 Soil Management Plan	2.7 (Rev 2)	24/1/2023
Environmental management plan	Environmental Management Plan Annex B10 Construction Worker Travel and Accommodation Plan	2.7	21/6/2022
Environmental management plan	Environmental Management Plan Annex B11 Community Engagement Plan	2.7 (Rev 2)	24/1/2023
Environmental management plan	Environmental Management Plan Annex B12 Skills and Employment Strategy	2.7	21/6/2022
Environmental management plan	Environmental Management Plan Annex B13 Construction Traffic Management Plan	2.7 (Rev 2)	16/5/2023
Environmental management plan	Environmental Management Plan Annex B14 Site Establishment Plan	2.7	21/6/2022
Environmental management plan	Environmental Management Plan Annex B15 Invasive Non-Native Species (INNS)	2.7 (Rev 2)	24/1/2023
Environmental management plan	Environmental Management Plan Annex C1 Working in and Near SAC Method Statement	2.7 (Rev 2)	24/1/2023
Environmental management plan	Environmental Management Plan Annex C2 Working in Watercourses Method Statement	2.7 (Rev 2)	24/1/2023
Environmental management plan	Environmental Management Plan Annex C3 Scheduled Monuments Method Statement	2.7 (Rev 4)	16/5/2023
Environmental management plan	Environmental Management Plan Annex C4 Piling Method Statement	2.7	21/6/2022
Environmental management plan	Environmental Management Plan Annex D Emergency Procedures	2.7 (Rev 2)	24/1/2023
Environmental statement	Environmental Statement Non-Technical Summary	3.1	21/6/2022
Environmental statement	Environmental Statement Addendum Volume 1 (Scoping)	8.3	9/5/2023
Environmental statement	Environmental Statement Addendum Volume 2 (Detailed Assessments)	8.3	9/5/2023
Environmental statement	Environmental Statement Addendum Volume 3 (Scheme Description)	8.3	9/5/2023
Environmental statement	Environmental Statement Volume 1 (Main Report) - Chapters 1 to 15	3.2	21/6/2022
Environmental statement	Environmental Statement Volume 1 (Main Report) - Chapter 16	3.2 (Rev 2)	6/9/2022
Environmental statement	Environmental Statement Volume 2 (Figures) – Figures 1.1, 2.3, 8.9.1, 10.8, 11.1, 12.2, 12.5 and 12.9	3.3	21/6/2022
Environmental statement	Environmental Statement Volume 2 (Figures) – Figure 10.9	3.3 (Rev 2)	14/2/2023
Environmental statement	Environmental Statement Volume 2 (Figures) – Figures 2.1 to 2.2, 2.4 to 8.8.2, 8.9.2 to 10.7, 12.1, 12.3 to 12.4, 12.6 to 12.8 and 13.1 to 15.2	3.3 (Rev 2)	9/5/2023
Environmental statement	Environmental Statement Volume 3 (Appendices) – Appendices 1.1 to 5.3, 6.1 to 8.9, 9.1 to 9.4 and 10.1 to 10.5	3.4	21/6/2022
Environmental statement	Environmental Statement Volume 3 (Appendices) – Appendix 9.5 and 13.2	3.4 (Rev 2)	24/1/2023
Environmental statement	Environmental Statement Volume 3 (Appendices) 5.4, 8.10 and 10.6	3.4 (Rev 2)	14/2/2023
Environmental statement	Errata Report	6.1 (Rev 3)	16/5/2023
Land plans	Land Plans Scheme 0102: M6 Junction 40 to Kemplay Bank	5.13 (Rev 3)	9/5/2023
Land plans	Land Plans Scheme 03: Penrith to Temple Sowerby	5.13	21/6/2022
Land plans	Land Plans Scheme 0405: Temple Sowerby to Appleby	5.13 (Rev 2)	2/9/2022
Land plans	Land Plans Scheme 06: Appleby to Brough	5.13 (Rev 3)	26/5/2023
Land plans	Land Plans Scheme 07: Bowes Bypass	5.13 (Rev 2)	16/5/2023
Land plans	Land Plans Scheme 08: Cross Lanes to Rokeby	5.13	21/6/2022
Land plans	Land Plans Scheme 09: Stephen Bank to Carkin Moor	5.13 (Rev 2)	16/5/2023
Land plans	Land Plans Scheme 11: A1(M) Junction 53 Scotch Corner	5.13	21/6/2022
Outline blanket bog compensation and maintenance plan	Habitats Regulation Assessment North Pennine Moors SAC Outline Blanket Bog Management and Compensation Plan	-	27/10/2023
Rights of way and access plans	Rights of Way and Access Plans Scheme 0102: M6 Junction 40 to Kemplay Bank	5.19	21/6/2022
Rights of way and access plans	Rights of Way and Access Plans Scheme 03: Penrith to Temple Sowerby	5.19 (Rev 3)	16/5/2023
Rights of way and access plans	Rights of Way and Access Plans Scheme 0405: Temple Sowerby to Appleby	5.19	21/6/2022
Rights of way and access plans	Rights of Way and Access Plans Scheme 06: Appleby to Brough	5.19 (Rev 2)	9/5/2023
Rights of way and access plans	Rights of Way and Access Plans Scheme 07: Bowes Bypass	5.19 (Rev 2)	9/5/2023
Rights of way and access plans	Rights of Way and Access Plans Scheme 08: Cross Lanes to Rokeby	5.19	21/6/2022
Rights of way and access plans	Rights of Way and Access Plans Scheme 09: Stephen Bank to Carkin Moor	5.19 (Rev 2)	9/5/2023
Rights of way and access plans	Rights of Way and Access Plans Scheme 11: A1(M) Junction 53 Scotch Corner	5.19	21/6/2022
Special category land plans	Special Category Land Plans Scheme 0102: M6 Junction 40 to Kemplay Bank	5.15 (Rev 2)	9/5/202
Special category land plans	Special Category Land Plans Scheme 0405: Temple Sowerby to Appleby	5.15	21/6/2022
Special category land plans	Special Category Land Plans Scheme 06: Appleby to Brough	5.15 (Rev 2)	9/5/2023
Special category land plans	Special Category Land Plans Scheme 07: Bowes Bypass	5.15	21/6/2022
Traffic regulation measures (clearways and prohibitions) plans	Traffic Regulation Measures (Clearways and Prohibitions) Plans Scheme 0102: M6 Junction 40 to Kemplay Bank	5.22	21/6/2022
Traffic regulation measures (clearways and prohibitions) plans	Traffic Regulation Measures (Clearways and Prohibitions) Plans Scheme 03: Penrith to Temple Sowerby	5.22 (Rev 2)	9/5/2023
Traffic regulation measures (clearways and prohibitions) plans	Traffic Regulation Measures (Clearways and Prohibitions) Plans Scheme 0405: Temple Sowerby to Appleby	5.22	21/6/2022
Traffic regulation measures (clearways and prohibitions) plans	Traffic Regulation Measures (Clearways and Prohibitions) Plans Scheme 06: Appleby to Brough	5.22 (Rev 2)	9/5/2023
Traffic regulation measures (clearways and prohibitions) plans	Traffic Regulation Measures (Clearways and Prohibitions) Plans Scheme 07: Bowes Bypass	5.22 (Rev 2)	9/5/2023
Traffic regulation measures (clearways and prohibitions) plans	Traffic Regulation Measures (Clearways and Prohibitions) Plans Scheme 08: Cross Lanes to Rokeby	5.22	21/6/2022
Traffic regulation measures (clearways and prohibitions) plans	Traffic Regulation Measures (Clearways and Prohibitions) Plans Scheme 09: Stephen Bank to Carkin Moor	5.22 (Rev 2)	9/5/2023
Traffic regulation measures (speed limits) plans	Traffic Regulation Measures (Speed Limits) Plans Scheme 0102: M6 Junction 40 to Kemplay Bank	5.23 (Rev 2)	9/5/2023
Traffic regulation measures (speed limits) plans	Traffic Regulation Measures (Speed Limits) Plans Scheme 03: Penrith to Temple Sowerby	5.23 (Rev 2)	9/5/2023
Traffic regulation measures (speed limits) plans	Traffic Regulation Measures (Speed Limits) Plans Scheme 0405: Temple Sowerby to Appleby	5.23 (Rev 2)	9/5/2023
Traffic regulation measures (speed limits) plans	Traffic Regulation Measures (Speed Limits) Plans Scheme 06: Appleby to Brough	5.23 (Rev 2)	9/5/2023
Traffic regulation measures (speed limits) plans	Traffic Regulation Measures (Speed Limits) Plans Scheme 07: Bowes Bypass	5.23 (Rev 2)	9/5/2023
Traffic regulation measures (speed limits) plans	Traffic Regulation Measures (Speed Limits) Plans Scheme 08: Cross Lanes to Rokeby	5.23	21/6/2022
Traffic regulation measures (speed limits) plans	Traffic Regulation Measures (Speed Limits) Plans Scheme 09: Stephen Bank to Carkin Moor	5.23 (Rev 2)	9/5/2023
Tree preservation order trees location plan	Tree Preservation Order Trees Location Plan Scheme 0102: M6 Junction 40 to Kemplay Bank	5.24	21/6/2022
Tree preservation order trees location plan	Tree Preservation Order Trees Location Plan Scheme 06: Appleby to Brough	5.24 (Rev 2)	9/5/2023
Tree preservation order trees location plan	Tree Preservation Order Trees Location Plan Scheme 09: Stephen Bank to Carkin Moor	5.24 (Rev 2)	9/5/2023
Works plans	Works Plans Scheme 0102: M6 Junction 40 to Kemplay Bank	5.16 (Rev 2)	9/5/2023
Works plans	Works Plans Scheme 03: Penrith to Temple Sowerby	5.16 (Rev 2)	9/5/2023
Works plans	Works Plans Scheme 0405: Temple Sowerby to Appleby	5.16 (Rev 2)	9/5/2023
Works plans	Works Plans Scheme 06: Appleby to Brough	5.16 (Rev 2)	9/5/2023
Works plans	Works Plans Scheme 07: Bowes Bypass	5.16 (Rev 2)	9/5.2023
Works plans	Works Plans Scheme 08: Cross Lanes to Rokeby	5.16	21/6/2022
Works plans	Works Plans Scheme 09: Stephen Bank to Carkin Moor	5.16 (Rev 2)	9/5/2023
Works plans	Works Plans Scheme 11: A1(M) Junction 53 Scotch Corner	5.16	21/6/2022

Signed

Signed by the authority of the Secretary of State for Transport

Natasha Kopala — Head of the Transport and Works Act Orders Unit — Department for Transport — 7th March 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises National Highways Company Limited to construct, operate and maintain the A66 (Northern Trans-Pennine) scheme. This is a series of eight schemes along the A66 between M6 Junction 40 Penrith and A1(M) Junction 53 Scotch Corner and associated works.

The Order would permit National Highways to acquire, compulsorily or by agreement, land and rights in and to use land for this purpose.

A copy of all documents mentioned in this Order and certified in accordance with article 49 (certification of plans, etc.) of this Order may be inspected free of charge during working hours at National Highways, Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ.

Footnotes