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The A66 Northern Trans-Pennine Development Consent Order 2024

Type Statutory-Instrument
Publication 2024-03-07
Last updated 2025-10-15
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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(1)Area (2)Road name number and length (3)Speed limit
Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 1 to 6 Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 1 to 6 Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 1 to 6
In the administrative area of Westmorland and Furness Council, Parish of Warcop, Parish of Musgrave, Parish of Brough and Parish of Helbeck New A66 eastbound carriagewayThe full 8.2 km length of the new and improved A66 eastbound carriageway commencing from a point on the existing A66, 202 metres to the west of Café Sixty Six and continuing in a generally south-easterly direction for a distance of 8 km to a point 385 metres to the west of the Musgrave Lane Overbridge at Brough. National speed limit(70 miles per hour)
In the administrative area of Westmorland and Furness Council, Parish of Warcop, Parish of Musgrave, Parish of Brough and Parish of Helbeck New A66 westbound carriagewayThe full 8.2 km length of the new and improved A66 westbound carriageway commencing from a point on the existing A66, 202 metres to the west of Café Sixty Six and continuing in a generally south-easterly direction for a distance of 8 km to a point 385 metres to the west of the Musgrave Lane Overbridge at Brough. National speed limit(70 miles per hour)
Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 2 Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 2 Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 2
In the administrative area of Westmorland and Furness Council, and Parish of Warcop New Sandford Junction Link RoadA length of new highway from its diverge point on the new A66 eastbound carriageway, in a north-westerly, south-westerly and then an easterly direction passing under the new A66 to its connection with the new realigned B6259 for a distance of 504 metres. National speed limit(60 miles per hour)
In the administrative area of Westmorland and Furness Council, and Parish of Warcop The new realigned B6259A length of new highway from a point 32 metres to the east of the existing B6259, to the north of Sandford, and extending in a generally southerly direction to a point 224 metres to the south of the existing junction of the B6259 and the A66, for a distance of 224 metres. National speed limit(60 miles per hour)
Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 3 Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 3 Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 3
In the administrative area of Westmorland and Furness Council, and Parish of Warcop New Warcop Eastbound JunctionA length of new highway from its diverge point on the new A66 eastbound carriageway, in a north-easterly direction to its merge point on the old A66 (new and improved C3077) 107 metres to the west of Hayber Lane, for a distance of 237 metres. 50 miles per hour
In the administrative area of Westmorland and Furness Council, and Parish of Warcop De-trunked A66A 890 metre length of the existing A66 from a point 280 metres to the west of its junction with the existing Moorhouse Lane, to a point 110 metres to the west of its junction with Hayber Lane. 30 miles per hour
Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 3 and 4 Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 3 and 4 Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 3 and 4
In the administrative area of Westmorland and Furness Council, and Parish of Warcop and Parish of Musgrave De-trunked A66 (new and improved C3077)A length of new highway from a point 156 metres to the east of the junction of Hayber Lane with the existing A66, following the alignment of the existing A66 for a distance of 1.3 km in a generally south-easterly direction to a point 635 metres to the west of the junction of the existing A66 with Flitholme Road. 50 miles per hour
Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 3 and 4 Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 3 and 4 Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 3 and 4
In the administrative area of Westmorland and Furness Council, and Parish of Warcop New Warcop Westbound JunctionA length of new highway from its diverge point on the new A66 westbound carriageway 90 metres to the west of the existing road to Warcop, and continuing in a south-westerly, easterly and then north-easterly and easterly direction over the new A66 to its connection with the new local road on the north side of the new A66, for a distance of 663 metres. National speed limit(60 miles per hour)
Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 4 and 5 Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 4 and 5 Scheme 06 – The traffic regulation measures (speed limits) plans – sheets 4 and 5
In the administrative area of Westmorland and Furness Council, Parish of Warcop and Parish of Musgrave De-trunked A66 (new and improved) C3077A length of new highway from a point 635 metres to the west of the junction of the existing A66 with Flitholme Road, following the alignment of the existing A66 for a distance of 985 metres in a generally easterly direction to a point 350 metres to the east of the junction of the existing A66 with Flitholme Road. 30 miles per hour
Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 5 Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 5 Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 5
In the administrative area of Westmorland and Furness Council, Parish of Warcop and Parish of Musgrave Flitholme to Langrigg Link (U1066/02)A length of new highway commencing from a point 145 metres to the north-east of the Low Gill Beck near Flitholme village and continuing for a distance of 666 metres in a generally easterly direction to connect with the existing Langrigg Lane. 30 miles per hour
In the administrative area of Westmorland and Furness Council, Parish of Warcop and Parish of Musgrave Realigned Flitholme RoadA length of new highway commencing from its junction with the new Flitholme to Langrigg Link (U1066/02) and continuing for a distance of 126 metres in a generally north-easterly direction to its junction with the de-trunked A66. 30 miles per hour
Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 6 Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 6 Scheme 06 – The traffic regulation measures (speed limits) plans – sheet 6
In the administrative area of Westmorland and Furness Council, Parish of Musgrave, Parish of Brough and Parish of Helbeck Existing A66 Trunk Road (new and improved C3077)A length of new highway from a point 686 metres to the east of the new overbridge at West View Farm, following the alignment of the existing A66 for a distance of 1.1 km in a generally easterly direction to a point 270 metres to the east of the junction of the existing A66 with Main Street. 50 miles per hour
(1)Area (2)Road name number and length (3)Measures
--- --- ---
Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 6 Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 6 Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 6
In the administrative area of Westmorland and Furness Council, Parish of Warcop, Parish of Musgrave, Parish of Brough and Parish of Helbeck New A66 eastbound carriagewayThe full 8.2 km length of the new and improved A66 eastbound carriageway commencing from a point on the existing A66, 202 metres to the west of Café Sixty Six and continuing in a generally south-easterly direction for a distance of 8 km to a point 385 metres to the west of the Musgrave Lane Overbridge at Brough. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of Westmorland and Furness Council, Parish of Warcop, Parish of Musgrave, Parish of Brough and Parish of Helbeck New A66 westbound carriagewayThe full 8.2 km length of the new and improved A66 westbound carriageway commencing from a point on the existing A66, 202 metres to the west of Café Sixty Six and continuing in a generally south-easterly direction for a distance of 8 km to a point 385 metres to the west of the Musgrave Lane Overbridge at Brough. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2 Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2 Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2
In the administrative area of Westmorland and Furness Council and Parish of Warcop New Sandford Junction Link RoadA length of new highway from its diverge point on the new A66 eastbound carriageway, in a north-westerly, south-westerly and then an easterly direction passing under the new A66 to its connection with the new realigned B6259 for a distance of 504 metres. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheets 3 and 4 Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheets 3 and 4 Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheets 3 and 4
In the administrative area of Westmorland and Furness Council and Parish of Warcop New Warcop Westbound JunctionA length of new highway from its diverge point on the new A66 westbound carriageway 90 metres to the west of the existing road to Warcop, and continuing in a south-westerly, easterly and then north-easterly and easterly direction over the new A66 to its connection with the new local road on the north side of the new A66, for a distance of 663 metres. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
(1)Area (2)Road Name, number and length (3)Order
--- --- ---
Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheet 1 Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheet 1 Scheme 06 – The traffic regulation measures (clearways and prohibitions) plans – sheet 1
In the administrative area of Westmorland and Furness Council, and Parish of Warcop Existing A66 trunk road From a point on the existing A66 202 metres to the north-west of Café Sixty Six, in a generally south-easterly direction to a point 308 metres to the west of Café Sixty Six. (Order 2003/45)Road TrafficThe A66 Trunk Road (Appleby Bypass)(24 hour clearway and prohibition of waiting) Order 2003Made 22/01/2003Coming into force 25 January 2003

PART 5 — SCHEME 07 – BOWES BYPASS

(1)Area (2)Road name number and length (3)Speed limit
Scheme 07 – The traffic regulation measures (speed limits) plans – sheets 1 to 3 Scheme 07 – The traffic regulation measures (speed limits) plans – sheets 1 to 3 Scheme 07 – The traffic regulation measures (speed limits) plans – sheets 1 to 3
In the administrative area of Durham County Council New A66 eastbound carriagewayFor a length of approximately 3.6 km, from a point approximately 550 metres to the west of the existing Clint Lane Overbridge, along the existing and new A66 eastbound dual carriageway, to a point approximately 363 metres east of the access to Hulands Quarry. National speed limit(70 miles per hour)
In the administrative area of Durham County Council New A66 westbound carriagewayFor a length of approximately 3.6 km, from a point approximately 550 metres to the west of the existing Clint Lane Overbridge, along the existing and new A66 westbound dual carriageway, to a point approximately 363 metres east of the access to Hulands Quarry. National speed limit(70 miles per hour)
Scheme 07 – The traffic regulation measures (speed limits) plans – sheet 2 Scheme 07 – The traffic regulation measures (speed limits) plans – sheet 2 Scheme 07 – The traffic regulation measures (speed limits) plans – sheet 2
In the administrative area of Durham County Council New A66 eastbound diverge slip road connecting to the A67A length from its diverge point on the eastbound carriageway of the improved A66, for a distance of 427 metres in a north-easterly direction along its approach to the A67. National speed limit(70 miles per hour)
In the administrative area of Durham County Council New A66 eastbound merge slip road from the A67A length from its merge point on the eastbound carriageway of the improved A66 for a distance of 452 metres in a north-westerly direction along its approach to the A67. National speed limit(70 miles per hour)
In the administrative area of Durham County Council New A66 westbound diverge slip road connecting to the A67A length from its diverge point on the westbound carriageway of the improved A66 for a distance of 540 metres in a generally westerly direction along its approach to the A67. National speed limit(70 miles per hour)
In the administrative area of Durham County Council A66 westbound merge slip road from the A67A length from its merge point on the westbound carriageway of the improved A66 for a distance of 280 metres in a generally easterly direction along its approach to the A67. National speed limit(70 miles per hour)
In the administrative area of Durham County Council A67A length of the existing A67 to be widened to facilitate a right turn lane, from the existing A66 overbridge for a distance of 209 metres in a generally northerly direction along the A67. National speed limit(60 miles per hour)
Scheme 07 – The traffic regulation measures (speed limits) plans – sheet 3 Scheme 07 – The traffic regulation measures (speed limits) plans – sheet 3 Scheme 07 – The traffic regulation measures (speed limits) plans – sheet 3
In the administrative area of Durham County Council Improved side road – “The Street”A 733 metre length of new unclassified side road, commencing 420 metres to the west of the existing junction of “The Street” with the improved A66 and continuing in an easterly direction for approximately 340 metres, then turning and continuing in a generally northerly direction and crossing the A66 via the East Bowes Accommodation Overbridge, then curving eastwards and southwards before terminating at the new private means of access to Low Broats Farm and High Broats Farm, on the eastern side of the existing Low Broats Farm property. National speed limit(60 miles per hour)
(1)Area (2)Road name number and length (3)Measures
--- --- ---
Scheme 07 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 3 Scheme 07 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 3 Scheme 07 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 3
In the administrative area of Durham County Council New A66 eastbound carriagewayFor a length of approximately 3.6 km, from a point approximately 550 metres to the west of the existing Clint Lane Overbridge, along the existing and new A66 eastbound dual carriageway, to a point approximately 363 metres east of the access to Hulands Quarry. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of Durham County Council New A66 westbound carriagewayFor a length of approximately 3.6 km, from a point approximately 550 metres to the west of the existing Clint Lane Overbridge, along the existing and new A66 westbound dual carriageway, to a point approximately 363 metres east of the access to Hulands Quarry. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
Scheme 07 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2 Scheme 07 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2 Scheme 07 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2
In the administrative area of Durham County Council New A66 eastbound diverge slip road connecting to the A67A length from its diverge point on the eastbound carriageway of the improved A66, for a distance of 427 metres in a north-easterly direction along its approach to the A67. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of Durham County Council New A66 eastbound merge slip road from the A67A length from its merge point on the eastbound carriageway of the improved A66 for a distance of 452 metres in a north-westerly direction along its approach to the A67. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of Durham County Council New A66 westbound diverge slip road connecting to the A67A length from its diverge point on the westbound carriageway of the improved A66 for a distance of 540 metres in a generally westerly direction along its approach to the A67. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of Durham County Council A66 westbound merge slip road from the A67A length from its merge point on the westbound carriageway of the improved A66 for a distance of 280 metres in a generally easterly direction along its approach to the A67. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)

PART 6 — SCHEME 08 – CROSS LANES TO ROKEBY

(1)Area (2)Road name number and length (3)Speed limit
Scheme 08 – The traffic regulation measures (speed limits) plans – sheets 1 to 3 Scheme 08 – The traffic regulation measures (speed limits) plans – sheets 1 to 3 Scheme 08 – The traffic regulation measures (speed limits) plans – sheets 1 to 3
In the administrative area of Durham County Council New A66 eastbound carriagewayThe full length of the new A66 eastbound carriageway commencing from a point on the existing A66, 325 metres to the west of the existing junction of the A66 with Rutherford Lane, in a generally easterly direction for 4.5 km to a point 620 metres south-east of the existing junction of the A66 with the C165 Barnard Castle Road. National speed limit(70 miles per hour)
In the administrative area of Durham County Council New A66 westbound carriagewayThe full length of the new A66 westbound carriageway commencing from a point on the existing A66, 325 metres to the west of the existing junction of the A66 with Rutherford Lane, in a generally easterly direction for 4.5 km to a point 620 metres south-east of the existing junction of the A66 with the C165 Barnard Castle Road. National speed limit(70 miles per hour)
Scheme 08 – The traffic regulation measures (speed limits) plans – sheet 1 Scheme 08 – The traffic regulation measures (speed limits) plans – sheet 1 Scheme 08 – The traffic regulation measures (speed limits) plans – sheet 1
In the administrative area of Durham County Council New A66 /B6277 eastbound connector road (Cross Lanes Junction)Full length of the new A66 eastbound carriageway compact connector road commencing from its intersection with the A66, curving in a northerly and then an easterly direction, and connecting to the new B6277 Moorhouse Lane. National speed limit(60 miles per hour)
In the administrative area of Durham County Council New A66 / B6277 westbound connector road (Cross Lanes Junction)Full length of the new A66 westbound carriageway compact connector road, commencing from its intersection with the A66 and continuing in a southerly direction to connect with the new B6277 Moorhouse Lane. National speed limit(60 miles per hour)
In the administrative area of Durham County Council New realigned B6277 Moorhouse Lane connecting to Rutherford LaneA 1.1 km length of new carriageway commencing 70 metres to the south-west of its junction with the realigned Rutherford Lane, at a point 240 metres south of the existing junction of the A66 with Rutherford Lane; continuing in a north-easterly direction and re-joining the existing B6277 Moorhouse Lane, at a point 410 metres north of the existing junction of the A66 with the B6277 Moorhouse Lane. National speed limit(60 miles per hour)
In the administrative area of Durham County Council New realigned Moorhouse Lane connection to realigned B6277 Moorhouse Lane (north)A 170 metre length of new road, commencing from its junction with the new B6277 Moorhouse Lane at a point 235 metres north of the existing junction of the A66 with the B6277 Moorhouse Lane and continuing in a southerly direction for a distance of 170 metres. National speed limit(60 miles per hour)
In the administrative area of Durham County Council Realigned Rutherford LaneA 78 metre length of new road, commencing from its junction with the new B6277 Moorhouse Lane link road, 225 metres south of the existing junction of the A66 with Rutherford Lane, and continuing in a northerly direction before connecting into the existing Rutherford Lane. National speed limit(60 miles per hour)
In the administrative area of Durham County Council Realigned Moorhouse Lane (south)A 332 metre length of new road, commencing from its junction with the new B6277 Moorhouse Lane link road and continuing eastwards, passing to the north of the Cross Lanes Organic Farm Shop and Café before curving southwards to connect to the existing Moorhouse Lane (south). National speed limit(60 miles per hour)
Scheme 08 – The traffic regulation measures (speed limits) plans – sheets 2 and 3 Scheme 08 – The traffic regulation measures (speed limits) plans – sheets 2 and 3 Scheme 08 – The traffic regulation measures (speed limits) plans – sheets 2 and 3
In the administrative area of Durham County Council New A66 (Rokeby) westbound compact connector road and length of existing reclassified A66 (now C165)Full length of the new A66 westbound compact connector road and its link to a length of the former A66 (reclassified as the C165). Commencing at its intersection with the new A66 and continuing in a southerly direction, then connecting with the new C165 Barnard Castle Road. Then continuing northwards under the new A66 via a new underbridge, then curving in an easterly direction to join the existing alignment of the A66 and continuing eastwards to the existing junction of the A66 with the C165 Barnard Castle Road. National speed limit(60 miles per hour)
In the administrative area of Durham County Council New A66 (Rokeby) eastbound diverge slip road connecting to reclassified A66 (C165)Full length of the new A66 eastbound diverge slip road connecting to the existing A66 (now C165 Barnard Castle Road); commencing at its intersection with the new A66 and continuing in a generally northerly direction until connecting to the existing A66 (now C165 Barnard Castle Road). National speed limit(60 miles per hour)
Scheme 08 – The traffic regulation measures (speed limits) plans – sheet 3 Scheme 08 – The traffic regulation measures (speed limits) plans – sheet 3 Scheme 08 – The traffic regulation measures (speed limits) plans – sheet 3
In the administrative area of Durham County Council New C165 Barnard Castle Road roundaboutFull circulatory carriageway of the new C165 Barnard Castle Road roundabout situated at the existing junction of the A66 with the C165 Barnard Castle Road. National speed limit(60 miles per hour)
In the administrative area of Durham County Council C165 Barnard Castle RoadLength of the existing C165 Barnard Castle Road commencing 160 metres to the north of the existing junction of the A66 with the C165 and continuing southwards to form a junction with the new roundabout. National speed limit(60 miles per hour)
In the administrative area of Durham County Council New A66 eastbound merge slip road from existing A66 (now C165 Barnard Castle Road)Length of new carriageway commencing at the new roundabout (located at the existing junction of the A66 with the C165 Barnard Castle Road) and continuing in a south-easterly direction until connecting to the new A66. National speed limit(70 miles per hour)
(1)Area (2)Road name number and length (3)Measures
--- --- ---
Scheme 08 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 3 Scheme 08 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 3 Scheme 08 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 3
In the administrative area of Durham County Council New A66 eastbound carriagewayFor a length of 4.5 km, from a point 325 metres to the west of the existing junction of Rutherford Lane with the A66, continuing along the existing and new A66 westbound dual carriageway, to a point 620 metres south-east of the existing junction of the C165 Barnard Castle Road with the A66. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of Durham County Council New A66 westbound carriagewayFor a length of 4.5 km, from a point 325 metres to the west of the existing junction of Rutherford Lane with the A66, continuing along the existing and new A66 westbound dual carriageway, to a point 620 metres south-east of the existing junction of the C165 Barnard Castle Road with the A66. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
Scheme 08 – The traffic regulation measures (clearways and prohibitions) plans – sheet 1 Scheme 08 – The traffic regulation measures (clearways and prohibitions) plans – sheet 1 Scheme 08 – The traffic regulation measures (clearways and prohibitions) plans – sheet 1
In the administrative area of Durham County Council New A66 / B6277 eastbound connector road (Cross Lanes Junction)A length from its diverge point on the A66, curving in a northerly and then an easterly direction for a distance of 427 metres, and connecting to the new B6277 Moorhouse Lane. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of Durham County Council New A66 / B6277 westbound connector road (Cross Lanes Junction)A length from its diverge point on the A66, continuing in a southerly direction until connecting with the new B6277 Moorhouse Lane. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
Scheme 08 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2 Scheme 08 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2 Scheme 08 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2
In the administrative area of Durham County Council New A66 (Rokeby) westbound compact connector road and length of existing reclassified A66 (now C165)A 1.3 km length of the new A66 westbound compact connector road and existing A66 (now C165), from its diverge point on the westbound carriageway of the A66, 948 metres southwest of the existing A66 junction with the C165 Barnard Castle Road, continuing in a southerly direction, connecting with the new C165 Barnard Castle Road. Then continuing northwards under the new A66 via a new underbridge, then curving in an easterly direction to join the existing alignment of the A66 and continuing eastwards to the existing junction of the A66 with the C165 Barnard Castle Road. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of Durham County Council New A66 (Rokeby) eastbound diverge slip road connecting to reclassified A66 (C165)A 90 metre length from its diverge point on the A66 eastbound diverge slip road, commencing at its intersection with the new A66, 130 metres south-east of the existing A66 access to Rokeby Grange, and continuing in a generally northerly direction, until connecting to the existing A66 (now C165 Barnard Castle Road). Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)

PART 7 — SCHEME 09 – STEPHEN BANK TO CARKIN MOOR

(1)Area (2)Road name number and length (3)Speed limit
Scheme 09 – The traffic regulation measures (speed limits) plans – sheets 1 to 4 Scheme 09 – The traffic regulation measures (speed limits) plans – sheets 1 to 4 Scheme 09 – The traffic regulation measures (speed limits) plans – sheets 1 to 4
In the administrative area of the North Yorkshire Council New A66 eastbound carriagewayThe full length of the new A66 eastbound carriageway commencing from a point on the existing A66, 674 metres to the west of the existing junction of the A66 with the access to Browson Bank, and continuing in a generally easterly direction for a distance of 6.2 km to a point 775 metres to the east of the existing junction of the A66 with Warrener Lane. National speed limit(70 miles per hour)
In the administrative area of the North Yorkshire Council New A66 westbound carriagewayThe full length of the new A66 westbound carriageway commencing from a point on the existing A66, 674 metres to the west of the existing junction of the A66 with the access to Browson Bank and continuing in a generally easterly direction for 6.2 km to a point 775 metres to the east of the existing junction of the A66 with Warrener Lane. National speed limit(70 miles per hour)
Scheme 09 – The traffic regulation measures (speed limits) plans – sheet 1 Scheme 09 – The traffic regulation measures (speed limits) plans – sheet 1 Scheme 09 – The traffic regulation measures (speed limits) plans – sheet 1
In the administrative area of the North Yorkshire Council New A66 westbound merge slip roadA length of new carriageway connecting the existing A66 to the westbound carriageway of the new A66, from a point 205 metres to the east of the existing junction of the A66 with the access to Browson Bank and continuing in an easterly direction for 240 metres. National speed limit(70 miles per hour)
In the administrative area of the North Yorkshire Council A length of new realigned carriageway connecting the new A66 merge slip road to the de-trunked A66 (C108)A length of new carriageway connecting the new A66 westbound merge slip road to the de-trunked A66 (now C108), from a point 445 metres to the east of the existing junction of the A66 with the access to Browson Bank and continuing in an easterly direction for 326 metres. 50 miles per hour
Scheme 09 – The traffic regulation measures (speed limits) plans – sheet 2 Scheme 09 – The traffic regulation measures (speed limits) plans – sheet 2 Scheme 09 – The traffic regulation measures (speed limits) plans – sheet 2
In the administrative area of the North Yorkshire Council New realigned carriageway on the de-trunked A66A length of new realigned carriageway commencing 300 metres to the west of the existing junction of the A66 with Old Dunsa Bank, continuing in an easterly direction for 993 metres to the existing junction of the A66 with the access to Ravensworth Lodge. 50 miles per hour
In the administrative area of the North Yorkshire Council Collier Lane overbridgeA length of the new realigned Collier Lane from a point 174 metres to the north of the existing junction of the A66 with Collier Lane, in a generally south-westerly direction for a distance of 190 metres until it meets the new realigned length of the de-trunked A66. 50 miles per hour
Scheme 09 – The traffic regulation measures (speed limits) plans – sheet 2 Scheme 09 – The traffic regulation measures (speed limits) plans – sheet 2 Scheme 09 – The traffic regulation measures (speed limits) plans – sheet 2
In the administrative area of the North Yorkshire Council Mains Gill Junction Eastbound compact connector roadA length of new carriageway forming part of the new Mains Gill Junction. Commencing from the new A66 eastbound carriageway, continuing first in a northerly direction, then in an easterly direction, and then in a southerly direction and crossing over the new A66 via a new overbridge (comprising part of the new Mains Gill Junction) before connecting with the existing A66, at a point 178 metres to the west of the existing junction of the A66 with Moor Lane. National speed limit(60 miles per hour)
In the administrative area of the North Yorkshire Council Mains Gill Junction westbound compact connector roadA 225-metre length of new carriageway forming part of the new Mains Gill Junction. Commencing from the new A66 westbound carriageway, continuing in a southerly direction and then in an easterly direction, before terminating at its junction with the new eastbound compact connector road. National speed limit(60 miles per hour)
In the administrative area of the North Yorkshire Council Moor Lane link roadA 192-metre length of new road commencing from its junction with the A66 eastbound compact connector road, at a point 50 metres north of the new overbridge carrying the eastbound connector road over the A66 (at the new Mains Gill Junction) then continuing in a generally north-easterly direction to connect into the existing Moor Lane at a point 317 metres to the north of the exiting junction of the A66 with Moor Lane. National speed limit(60 miles per hour)
Scheme 09 – The traffic regulation measures (speed limits) plans – sheets 3 and 4 Scheme 09 – The traffic regulation measures (speed limits) plans – sheets 3 and 4 Scheme 09 – The traffic regulation measures (speed limits) plans – sheets 3 and 4
In the administrative area of the North Yorkshire Council A length of new carriageway on the alignment of the de-trunked A66, connecting to Warrener LaneA 1.7 km length of new carriageway commencing from a point 370 metres to the west of the existing junction of the A66 with Moor Lane, continuing in an easterly direction and then departing southwards from the existing A66 alignment to connect with Warrener Lane. 50 miles per hour
(1)Area (2)Road name number and length (3)Measures
--- --- ---
Scheme 09 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 4 Scheme 09 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 4 Scheme 09 – The traffic regulation measures (clearways and prohibitions) plans – sheets 1 to 4
In the administrative area of the North Yorkshire Council New A66 eastbound carriagewayThe full length of the new A66 eastbound carriageway commencing from a point on the existing A66, 674 metres to the west of the existing junction of the A66 with the access to Browson Bank and continuing in a generally easterly direction for a distance of 6.2 km to a point 775 metres to the east of the existing junction of the A66 with Warrener Lane. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of the North Yorkshire Council New A66 westbound carriagewayThe full length of the new A66 westbound carriageway commencing from a point on the existing A66, 674 metres to the west of the existing junction of the A66 with the access to Browson Bank and continuing in a generally easterly direction for 6.2 km to a point 775 metres to the east of the existing junction of the A66 with Warrener Lane. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
Scheme 09 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2 Scheme 09 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2 Scheme 09 – The traffic regulation measures (clearways and prohibitions) plans – sheet 2
In the administrative area of North Yorkshire Council New Local Road C108 (on the alignment of the de-trunked A66) and Waitlands LaneFrom the eastbound carriageway of the new local road C108 into Waitlands Lane, at the junction of the new local road C108 with Waitlands Lane. Prohibition of entry (no right turn)
Scheme 09 – The traffic regulation measures (clearways and prohibitions) plans – sheet 3 Scheme 09 – The traffic regulation measures (clearways and prohibitions) plans – sheet 3 Scheme 09 – The traffic regulation measures (clearways and prohibitions) plans – sheet 3
In the administrative area of the North Yorkshire Council Mains Gill Junction eastbound connector roadA 480-metre length of new road, commencing from the eastbound carriageway of the new A66, continuing first in a northerly direction, then in an easterly direction, and then in a southerly direction and crossing the new A66 via a new overbridge (comprising part of the new Mains Gill Junction), before terminating at its junction with the existing A66, 178 metres west of the existing A66 junction with Moor Lane. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
In the administrative area of the North Yorkshire Council Mains Gill Junction westbound connector roadA 255-metre length of new road, commencing from the westbound carriageway of the new A66, continuing in a southerly direction, then in an easterly direction before terminating at its junction with the new A66 eastbound compact connector road. Clearway(to include verges, hard shoulders and slip roads; and to exclude laybys)
(1)Area (2)Road Name, number and length (3)Order
--- --- ---
Scheme 09 – The traffic regulation measures plans (clearways and prohibitions) – sheets 1 to 3 Scheme 09 – The traffic regulation measures plans (clearways and prohibitions) – sheets 1 to 3 Scheme 09 – The traffic regulation measures plans (clearways and prohibitions) – sheets 1 to 3
In the administrative area of the North Yorkshire Council Junction of Waitlands Lane with the existing A66 trunk roadAt the intersection of Waitlands Lane and the existing A66 trunk road, prohibition on right turn movements into Waitlands Lane from the eastbound carriageway of the existing A66 trunk road The A66 Trunk Road (Waitlands Lane, Ravensworth) (Prohibition of Right Turns) Order 2004

SCHEDULE 9 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1
  • (1) The provisions of this Part of this Schedule have effect for the protection of utility undertakers unless otherwise identified in another Part of this Schedule or agreed in writing between the undertaker and the utility undertaker in question.
  • (2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and the utility undertaker concerned, where the benefit of this Order is transferred or granted to another person under article 44 (consent to transfer benefit of Order), any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between the utility undertaker concerned and the transferee or grantee (as the case may be).
  • (3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to the utility undertaker concerned (but see paragraph 11(3)(b)).
2

In this Part of this Schedule—

  • “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
  • “apparatus” means—in the case of a utility undertaker within paragraph (a) of the definition of that term, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00122]), belonging to or maintained by the utility undertaker for the purposes of electricity supply;in the case of a utility undertaker within paragraph (b) of the definition of that term, any mains, pipes or other apparatus belonging to or maintained by the utility undertaker for the purposes of gas supply;in the case of a utility undertaker within paragraph (c) of the definition of that term—mains, pipes or other apparatus belonging to or maintained by the utility undertaker for the purposes of water supply; andmains, pipes or other apparatus that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991[^f00123]; andin the case of a sewerage undertaker—any drain or works vested in the sewerage undertaker under the Water Industry Act 1991; andany sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00124] (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104[^f00125] (agreements to adopt sewer, drain or sewage disposal works, at a future date) of that Act,and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
  • “functions” includes powers and duties;
  • “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;
  • “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and
  • “utility undertaker” means—any licence holder within the meaning of Part 1 (electricity supply) of the Electricity Act 1989;a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986[^f00126];a water undertaker within the meaning of the Water Industry Act 1991; anda sewerage undertaker within the meaning of the Water Industry Act 1991,for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in closed streets

4
  • (1) Regardless of the temporary closure, alteration or diversion of streets under the powers conferred by article 11 (temporary prohibition, restriction or regulation of use or alteration or diversion of streets), a utility undertaker is at liberty at all times to take all necessary access across any such street and to carry out and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary closure, alteration or diversion was in that street.
  • (2) Where any street is stopped up under article 10 (permanent stopping up of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or to carry out works under paragraph 9.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 14 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

Despite any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7
  • (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6).
  • (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.
  • (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.
  • (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 51 (arbitration).
  • (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 51 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.
  • (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker, without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

Facilities and rights for alternative apparatus

8
  • (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 51 (arbitration).
  • (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9
  • (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan and description of the works to be executed.
  • (2) Those works must be executed only in accordance with the plan and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.
  • (3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which the plan and description under sub-paragraph (1) are submitted to it.
  • (4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).
  • (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.
  • (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency, but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

Expenses and costs

10
  • (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).
  • (2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.
  • (3) If in accordance with the provisions of this Part of this Schedule—
  • (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; 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 situated,

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 in accordance with article 51 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule 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 sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

  • (4) For the purposes of sub-paragraph (3)—
  • (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 pipe or 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.
  • (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), 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 undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.
11
  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any of the works referred to in paragraph 5 or 7(2), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any unscheduled interruption in any service provided, or in the supply of any goods, by a utility undertaker, the undertaker must—
  • (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and
  • (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

  • (2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless the utility undertaker fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.
  • (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to—
  • (a) any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents; or
  • (b) any part of the authorised development carried out by a utility undertaker in the exercise of any functions conferred by this Order pursuant to a transfer or grant under article 44 (consent to transfer benefit of Order).
  • (4) The utility undertaker must at all times take reasonable steps to prevent and mitigate any such expenses, loss, damage, penalty or costs.
  • (5) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Cooperation

12

Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

14
  • (1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.
  • (2) In this Part of this Schedule—
  • “the 2003 Act” means the Communications Act 2003;
  • “electronic communications apparatus” means the code set out in Schedule 3A (the electronic communications code) to the 2003 Act[^f00127];
  • “electronic communications code networks” means—so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; andan electronic communications network which the undertaker is providing or proposing to provide;
  • “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
  • “infrastructure system” has the same meaning as in the electronic communications code[^f00128] and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code; and
  • “operator” means the operator of an electronic communications code network.
15

The exercise of the powers of article 31 (statutory undertakers) is subject to Part 10 (undertakers’ works affecting electronic communications apparatus) of the electronic communications code.

16
  • (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—
  • (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or
  • (b) there is any unscheduled interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other reasonable expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

  • (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.
  • (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
  • (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 51 (arbitration).
17

This Part of this Schedule does not apply to—

  • (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or
  • (b) any damage, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.
18

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 3 — FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER

Application

19
  • (1) For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.
  • (2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 44 (consent to transfer benefit of Order)—
  • (a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and
  • (b) written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.
  • (3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 29(3)(b)).

Interpretation

20

In this Part of this Schedule—

  • “1991 Act” means the New Roads and Street Works Act 1991;
  • “alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;
  • “apparatus” means any electric lines or electrical plant as defined in the Electricity Act 1989, belonging to or maintained by National Grid together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;
  • “authorised works” has the same meaning as is given to the term “authorised development” in article 2(1) (interpretation) of this Order and includes any associated development authorised by the Order and for the purposes of this Part of this Schedule includes the use and maintenance of the authorised works and construction of any works authorised by this Schedule;
  • “commence” and “commencement” in paragraphs 27 and 29 of this Part of this Schedule includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;
  • “deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;
  • “functions” includes powers and duties;
  • “ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;
  • “ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for National Grid’s approval a ground mitigation scheme;
  • “ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;
  • “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;
  • “maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;
  • “National Grid” means National Grid Electricity Transmission Plc or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;
  • “plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; and
  • “specified works” means any of the authorised works or activities undertaken in association with the authorised works which—will or may be situated over, or within 15 metres measured in any direction of any apparatus the removal of which has not been required by the undertaker under paragraph 25(2) or otherwise; ormay in any way adversely affect any apparatus the removal of which has not been required by the undertaker under paragraph 25(2) or otherwise.
21

Except for paragraphs 22 (apparatus of National Grid in stopped up streets), 27 (retained apparatus: protection of electricity undertaker), 28 (expenses) and 29 (indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus of National Grid in closed streets

22
  • (1) Where any street is stopped up under article 10 (permanent stopping up of streets and private means of access), if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 25 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 27.
  • (2) Notwithstanding the temporary closure or diversion of any highway under the powers of article 11 (temporary prohibition, restriction or regulation of use or alteration or diversion of streets), National Grid is at liberty at all times to take all necessary access across any such closed highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the closure or diversion was in that highway.

Protective works to buildings

23

The undertaker must exercise the powers conferred by article 14 (protective works to buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid (such consent not to be unreasonably withheld).

Acquisition of land

24
  • (1) Regardless of any provision in this Order or anything shown on the land plans, the undertaker may not acquire any interest in land or apparatus or override any easement or other interest of National Grid otherwise than by agreement.
  • (2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised works (or in such other timeframe as may be agreed between National Grid and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the undertaker to procure and secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised works.
  • (3) The undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Schedule prevail.
  • (4) Any agreement or consent granted by National Grid under paragraph 27 or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).

Removal of apparatus

25
  • (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5).
  • (2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its reasonable satisfaction (taking into account paragraph 26(1)) the necessary facilities and rights—
  • (a) for the construction of alternative apparatus in other land of, or secured by, the undertaker; and
  • (b) subsequently for the maintenance of that apparatus.
  • (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.
  • (4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.
  • (5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

26
  • (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.
  • (2) If the facilities and rights to be afforded by the undertaker under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter may be referred to arbitration in accordance with paragraph 33 (arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of electricity undertaker

27
  • (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity tower foundations.
  • (2) In relation to works which will or may be situated on, over, under or within (i) 15 metres measured in any direction of any apparatus, or (ii) involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—
  • (a) the exact position of the works;
  • (b) the level at which these are proposed to be constructed or renewed;
  • (c) the manner of their construction or renewal including details of excavation, positioning of plant;
  • (d) the position of all apparatus;
  • (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;
  • (f) any intended maintenance regimes; and
  • (g) an assessment of risks of rise of earth issues.
  • (3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-paragraph (2), include a method statement describing—
  • (a) details of any cable trench design including route, dimensions, clearance to pylon foundations;
  • (b) demonstration that pylon foundations will not be affected prior to, during and post construction;
  • (c) details of load bearing capacities of trenches;
  • (d) details of any cable installation methodology including access arrangements, jointing bays and backfill methodology;
  • (e) a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route;
  • (f) written details of the operations and maintenance regime for any cable, including frequency and method of access;
  • (g) assessment of earth rise potential if reasonably required by National Grid’s engineers; and
  • (h) evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to 26 tonnes in weight.
  • (4) The undertaker must not commence any works to which sub-paragraph (2) or (3) apply until National Grid has given written approval of the plan so submitted.
  • (5) Any approval of National Grid required under sub-paragraph (4)—
  • (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6) or (8); and,
  • (b) must not be unreasonably withheld.
  • (6) In relation to any work to which sub-paragraph (2) or (3) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.
  • (7) Works executed under sub-paragraph (2) or (3) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.
  • (8) Where under sub-paragraph (6) National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid’s satisfaction prior to the commencement of any specified works for which protective works are required and National Grid must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).
  • (9) If National Grid in accordance with sub-paragraph (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 19 to 21 and 24 to 26 apply as if the removal of the apparatus had been required by the undertaker under paragraph 25(2).
  • (10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
  • (11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (6), (7) and (8) insofar as is reasonably practicable in the circumstances.
  • (12) In sub-paragraph (11) “emergency works” means works whose execution at the time when they are executed is required in order to put an end to or to prevent the occurrence of circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

Expenses

28
  • (1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works including without limitation—
  • (a) any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid;
  • (i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 25(3); or
  • (ii) exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid;
  • (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;
  • (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;
  • (d) the approval of plans;
  • (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;
  • (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.
  • (2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.
  • (3) If in accordance with the provisions of this Part of this Schedule—
  • (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; 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 situated,

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 in accordance with paragraph 33 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule 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 sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

  • (4) For the purposes of sub-paragraph (3)—
  • (a) an extension of apparatus to a length greater than the length of existing apparatus will not 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 pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.
  • (5) Any amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) will, 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 National Grid 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.

Indemnity

29
  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will—
  • (a) bear and pay on demand accompanied by an invoice or claim from National Grid the cost reasonably and properly incurred by National Grid in making good such damage or restoring the supply; and
  • (b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid other than arising from any default of National Grid.
  • (2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (2) unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.
  • (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—
  • (a) any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents;
  • (b) any part of the authorised works carried out by National Grid in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 44 (consent to transfer benefit of Order).
  • (4) National Grid must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.
  • (5) National Grid must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.
  • (6) National Grid must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid’s control and if reasonably requested to do so by the undertaker National Grid must provide an explanation of how the claim has been minimised, where relevant.

Enactments and agreements

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Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

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