The A66 Northern Trans-Pennine Development Consent Order 2024

PART 4 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

SCHEDULE 3 — TREES SUBJECT TO TREE PRESERVATION ORDERS

SCHEDULE 4 — LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

SCHEDULE 5 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND RESTRICTIVE COVENANTS

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

• (2) For section 5A(5A)[^f00114] (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 5 to the A66 Northern Trans-Pennine Development Consent Order 2024 (the “2024 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A (counter notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 5 to the 2024 Order) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection 3(a) to have entered on that land where it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00115] has effect subject to the modifications set out in sub-paragraph (2).

• (2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

• (a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

• (b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 19 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 22(1) (compulsory acquisition of rights and restrictive covenants)—

• (a) with the modifications specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modifications referred to in paragraph 4(a) are as follows.

• (2) References in the 1965 Act to land are, in the appropriate context, to be read (according to the requirements of the particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.

• (3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

• (4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

• (a) section 9(4) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

• (d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

• (5) Section 11[^f00116] (powers of entry) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restricted covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 19 (compulsory acquisition of land)), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A[^f00117] (powers of entry: further notices of entry), 11B[^f00118] (counter-notice requiring possession to be taken on specified date), 12[^f00119] (unauthorised entry) and 13[^f00120] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00121] (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 25(4) (modification of Part 1 of the 1965 Act) is also modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

• (8) For Schedule 2A to the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 26 (application of the 1981 Act) of the A66 Northern Trans-Pennine Development Consent Order 2024 in respect of the land to which the notice to treat relates. (2) But see article 27(3) (acquisition of subsoil, etc., only) of the A66 Northern Trans-Pennine Development Consent Order 2024 which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the acquiring authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the restrictive covenant, (b) the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and (c) if the right or restrictive covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the restrictive covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 6 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 7 — CLASSIFICATION OF ROADS, ETC.

PART 1 — SCHEME 0102 – M6 J40 TO KEMPLAY BANK

THE NEW AND IMPROVED A66 TRUNK ROAD

A 2.8 km length of new and improved A66 trunk road

1

A 2.8 km length of new and improved highway to be classified as part of the A66, commencing from a point 150 metres to the south-west of the existing access to the Livestock Market, and following the existing alignment of the A66 for a distance of 2.4 km to a point 668 metres to the north-east of the new Kemplay Bank Roundabout, and comprising—

• (a) a 390 metre length of improved highway commencing from a point 265 metres west of Skirsgill Business Park and following the existing alignment of the A66 for a distance of 390 metres, to a point on the existing A66 carriageway 100 metres south-east of the Livestock Market;

• (b) a 600 metre length of improved circulatory carriageway of the M6 J40 roundabout;

• (c) a 1.8 km length of improved highway commencing from a point 115 metres south of the North Lakes Hotel & Spa and following the alignment of the existing A66 in a generally westwards direction, passing beneath the bridges at the new Kemplay Bank Roundabout and following the existing alignment of the A66 in a north-easterly direction, then joining the existing A66 carriageway at a point 200 metres north-east of the Police Station,

identified by a red line on the classification of roads plan for scheme 0102.

M6 JUNCTION 40 AND SLIP ROADS

M6 northbound diverge slip road

2

A 328 metre length of improved slip road to be classified as part of the M6 special road, commencing from its diverge point on the existing northbound carriageway of the M6 and continuing in a north-westerly direction to its junction with the existing roundabout at M6 Junction 40, identified by a blue line on the classification of roads plan for scheme 0102.

M6 northbound merge slip road

3

A 210 metre length of improved slip road to be classified as part of the M6 special road, commencing from its junction with the existing roundabout at M6 Junction 40 and continuing in a north-westerly direction to its merge point on the existing M6 northbound carriageway, identified by a blue line on the classification of roads plan for scheme 0102.

M6 southbound diverge slip road

4

A 263 metre length of improved slip road to be classified as part of the M6 special road, commencing from its diverge point on the existing M6 southbound carriageway and continuing in a south-easterly direction to its junction with the existing roundabout at M6 Junction 40, identified by a blue line on the classification of roads plan for scheme 0102.

M6 southbound merge slip road

5

A 270 metre length of improved slip road to be classified as part of the M6 special road, commencing from its junction with the existing roundabout at M6 Junction 40 and continuing in a south-easterly direction to its merge point on the existing M6 southbound carriageway, identified by a blue line on the classification of roads plan for scheme 0102.

THE IMPROVED A592

A 205 metre length of improved A592

6

A length of improved highway to be classified as part of the A592, commencing from a point 425 metres to the north-west of the existing access to Skirsgill Depot, and following the existing alignment of the A592 in a south-easterly direction for a distance of 205 metres, to its junction with the M6 Junction 40 roundabout, identified by a pink line on the classification of roads plan for scheme 0102.

THE NEW KEMPLAY BANK JUNCTION SLIP ROADS

A66 eastbound diverge slip road

7

A 320 metre length of new bifurcated slip road to be classified as part of the A66 trunk road, commencing from its diverge point on the new A66 eastbound carriageway in a north-easterly direction to its junction with the new Kemplay Bank Roundabout, identified by a red line on the classification of roads plan for scheme 0102.

A66 eastbound merge slip road

8

A 360 metre length of new bifurcated slip road to be classified as part of the A66 trunk road, commencing from its junction with the new Kemplay Bank Roundabout and continuing in a north-easterly direction to its merge point on the new eastbound carriageway of the A66, identified by a red line on the classification of roads plan for scheme 0102.

A66 westbound diverge slip road

9

A 343 metre length of new bifurcated slip road to be classified as part of the A66 trunk road, commencing from its diverge point on the new westbound carriageway of the A66 in a south-westerly direction to its junction with the new Kemplay Bank Roundabout, identified by a red line on the classification of roads plan for scheme 0102.

A66 westbound merge slip road

10

A 330 metre length of new bifurcated slip road to be classified as part of the A66 trunk road, commencing from its junction with the new Kemplay Bank Roundabout and continuing in a south-westerly direction to its merge point on the new westbound carriageway of the A66, identified by a red line on the classification of roads plan for scheme 0102.

THE IMPROVED A6, INCLUDING THE CIRCULATORY CARRIAGEWAY OF THE NEW KEMPLAY BANK ROUNDABOUT

Kemplay Bank Roundabout

11

A 416 metre length of improved circulatory carriageway at the Kemplay Bank Roundabout, to be re-classified as part of the A6, identified by a green line on the classification of roads plan for scheme 0102.

A 90 metre length of improved A6 (southbound approach to Kemplay Bank Roundabout)

12

A length of improved highway to be classified as part of the A6, commencing from a point 75 metres to the south-west of the existing Hospital, and following the existing alignment of the A6 for a distance of 90 metres, to its junction with the new A6 Kemplay Bank Roundabout, identified by a green line on the classification of roads plan for scheme 0102.

A 155 metre length of improved A6 (northbound approach to Kemplay Bank Roundabout)

13

A length of improved highway to be classified as part of the A6, commencing from a point 182 metres to the south-west of the existing Penrith Community Fire Station, and following the existing alignment of the A6 for a distance of 155 metres, to its junction with the new Kemplay Bank Roundabout, identified by a green line on the classification of roads plan for scheme 0102.

THE NEW AND IMPROVED A686

A 242 metre length of improved A686

14

A length of new road to be classified as part of the A686, commencing from a point 177 metres to the north of the existing Police Station, and continuing in a generally south-westerly direction for a distance of 242 metres, to its junction with the new A6 Kemplay Bank Roundabout at a point 95 metres south-east of the existing Hospital, identified by a cyan line on the classification of roads plan for scheme 0102.

ROAD TO BE DE-TRUNKED

15

A length of approximately 416 metres of the existing A66, comprising the existing circulatory carriageway of the Kemplay Bank Roundabout, commencing from a point A (as identified on the de-trunking plan for scheme 0102) located 90 metres to the south of the Hospital and continuing in a clockwise direction returning to the same point A, 90 metres to the south of the Hospital, as identified by black diagonal hatching on the de-trunking plans for scheme 0102.

PART 2 — SCHEME 03 – PENRITH TO TEMPLE SOWERBY

THE NEW AND IMPROVED A66 TRUNK ROAD

A 2.9 kilometre length of improved A66 trunk road

16

A length of highway proposed to be improved and to be classified as part of the A66, commencing from a point 360 metres to the north-east of Brougham Castle, and following the existing A66 alignment for a distance of 2.9 km, to a point on the existing A66 carriageway 610 metres to the west of Lane End, identified by a red line on the classification of roads plan for scheme 03.

A 2.4 kilometre length of new A66 trunk road

17

A 2.4 km length of new road to be constructed and classified (as identified in sub-paragraphs (a) to (d) below) as part of the A66 trunk road

• (a) commencing from a point 610 metres to the west of Lane End, then departing from the existing alignment in a south-easterly direction and continuing in a generally easterly direction to a point 370 metres west of Lane End;

• (b) passing beneath the new bridge at the Junction at Center Parcs and then continuing in an easterly direction for a distance of 725 metres to a point where it joins the existing A66 carriageway at a point 315 metres east of Lane End;

• (c) then departing from the existing A66 alignment in a north easterly direction commencing from a point 315 metres to the east of Lane End in a generally north-easterly direction for a distance of 920 metres; and

• (d) continuing eastwards for a distance of 760 metres to a point where it joins the existing A66 carriageway at a point 405 metres to the north-west of the existing westbound junction at Temple Sowerby,

identified by a red line on the classification of roads plan for scheme 03.

NEW JUNCTION AT CENTER PARCS

A 116 metre length of new road (Northbound Approach)

18

A 116 metre length of new road to be classified as part of the A66, commencing from a point 472 metres to the south-west of Lane End continuing in a generally northerly direction to its junction with the westbound carriageway of the new A66 at a point 436 metres to the east of Lane End, identified by a red line on the classification of roads plan for scheme 03.

A 493 metre length of new road (Connector Loop)

19

A 493 metre length of new road to be classified as part of the A66, commencing from its junction with the new A66 on the eastbound carriageway at a point 469 metres to the west of Lane End, continuing northwards for a distance of 157 metres, before turning eastwards and then southwards and passing under the new A66 at a point 361 metres to the south-west of Lane End, continuing generally south-eastwards to its junction with the new northbound approach at a point 472 metres to the south-east of Lane End, identified by a red line on the classification of roads plan for scheme 03.

NEW B6262

B6262 (Realigned)

20

A 101 metre length of new and improved road to be classified as part of the B6262, commencing from a point 460 metres to the east of Brougham Castle and continuing in a generally northerly direction to its junction with the improved A66 at a point 520 metres to the east of Brougham Castle, identified by a green line on the classification of roads plan for scheme 03.

NEW JUNCTION AND LINK ROAD OPPOSITE WHINFELL PARK

A 144 metre length of new road (unclassified U3192)

21

A length of new unclassified road (U3192), commencing at its intersection with byway 311/013 at a point 933 metres to the south-west of St. Ninian’s Church and continuing in a generally southerly direction to its junction with the improved A66 at a point 204 metres to the north of Whinfell Park, identified by a black line on the classification of roads plan for scheme 03.

NEW JUNCTION AND LINK ROAD TO DE-TRUNKED SECTION OF A66 (ROMAN ROAD)

A 247 metre length of new road (unclassified westbound approach) (unclassified U3193)

22

A length of new unclassified road (U3193), commencing from a point 121 metres to the west of Lane End and continuing in a generally westerly direction to its junction with a new connector road at the new junction at Center Parcs, at a point 354 metres to the west of Lane End, identified by a black line on the classification of roads plan for scheme 03.

ROAD TO BE DE-TRUNKED

23

A length of approximately 451 metres of the existing A66, commencing from a point A on sheet 1 of the de-trunking plans for scheme 03, being a point on the A66 trunk road 200 metres to the east of Lane End, extending in an easterly direction to a point B on sheet 1 of the de-trunking plans for scheme 03, being a point on the A66 trunk road 261 metres to the east of Lane End.

PART 3 — SCHEME 0405 – TEMPLE SOWERBY TO APPLEBY

THE NEW AND IMPROVED A66 TRUNK ROAD

An 8.6 kilometre length of new road

24

An 8.6 km length of new road to be constructed and classified (as identified in sub-paragraphs (a) to (h) below) as part of the A66 trunk road (such length also including existing highway to be improved, as identified in sub-paragraphs (a) to (h) below)—

• (a) commencing from a point 430 metres to the south-east of the existing Morland Road Underpass and following the existing alignment of the A66 for a distance of 333 metres in a generally easterly direction passing over the existing Spitals Underpass ;

• (b) then departing from the existing alignment of the A66 in a north-easterly direction, and passing to the north of Kirkby Thore, for a distance of 1.3 km, passing beneath the new bridge at Cross Street;

• (c) continuing on its new alignment to the north of Kirkby Thore for a distance of 889 metres and passing beneath the new C3065 Fell Lane Bridge which forms part of the new Kirkby Thore Junction;

• (d) then continuing on its new alignment in a generally southerly direction for a distance of 870 metres and passing beneath the new Sleastonhow Lane Bridge;

• (e) then continuing in a south-easterly direction for a distance of 682 metres and crossing the Trout Beck on a new viaduct east of the existing A66;

• (f) then continuing in a generally south–easterly direction for a distance of 925 metres, to its junction with the new C3063 (the new Long Marton Junction) where it passes over the new C3063 (which passes beneath the new A66 via an underbridge);

• (g) continuing on its new alignment in a generally south-easterly direction, passing to the north of Crackenthorpe, and running parallel to the existing alignment of the A66 (to be reclassified as the new B6542) for a distance of 2.88 km, and then reconnecting with the existing alignment of the A66 at a point 205 metres to the west of the existing railway bridge;

• (h) then following the existing alignment of the A66 for a distance of 250 metres passing below the existing railway bridge, and continuing to a point 150 metres to the west following the existing alignment of the A66,

identified by a red line on the classification of roads plan for scheme 0405.

THE NEW A66 COMPACT CONNECTOR ROADS

Temple Sowerby connector road

25

A 129 metre length of new and existing road to be classified as part of the new A66 commencing at a point 15 metres to the south of its existing junction with the A66 westbound carriageway, continuing in a generally easterly direction, to its junction with the proposed roundabout as shown on sheet 1 of the classification of roads plan for scheme 0405, identified by a red line on the classification of roads plan for scheme 0405.