Legalize / United Kingdom / Statutory-Instrument

The A12 Chelmsford to A120 Widening Development Consent Order 2024

Type Statutory-Instrument

Publication 2024-01-12

Last updated 2025-04-25

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 30 (compulsory acquisition of rights and imposition of restrictive covenants), the tribunal must set off against the value of the rights so acquired—

(a) any increase in the value of the land over which the new rights are required; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

(3) The 1961 Act has effect, subject to paragraphs (1) and (2) as if this Order were a local enactment for the purposes of that Act.

No double recovery

35

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.

Modification of Part 1 of the 1965 Act

36

(1) Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125[^f00073] (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1)[^f00074] (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 29 (time limit for exercise of authority to acquire land compulsorily) of the A12 Chelmsford to A120 Widening Development Consent Order 2024”.

(3) In section 11A[^f00075] (powers of entry: further notice of entry)—

(a) in subsection (1)(a), after “land” insert “under that provision”;

(b) in subsection (2), after “land” insert “under that provision”.

(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 29 (time limit for exercise of authority to acquire land compulsorily) of the A12 Chelmsford to A120 Widening Development Consent Order 2024”.

(5) In Schedule 2A[^f00076] (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 38 (acquisition of subsoil or airspace only) of the A12 Chelmsford to A120 Widening Development Consent Order 2024, which excludes the acquisition of subsoil or airspace only from this Schedule;

(b) after paragraph 29, insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 25 (protective work to buildings), 40 (temporary use of land for carrying out the authorised development) or 41 (temporary use of land for maintaining the authorised development) of the A12 Chelmsford to A120 Widening Development Consent Order 2024.

Application of the 1981 Act

37

(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act), for subsection 2 substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) In section 5[^f00077] (earliest date for execution of declaration) in subsection (2), omit the words from “, and this subsection” to the end.

(5) Omit section 5A[^f00078] (time limit for general vesting declaration).

(6) In section 5B[^f00079] (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 29 (time limit for exercise of authority to acquire land compulsorily) of the A12 Chelmsford to A120 Widening Development Consent Order 2024”.

(7) In section 6[^f00080] (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8) In section 7[^f00081] (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Schedule A1[^f00082] (counter-notice requiring purchase of and not in general vesting declaration) for paragraph 1(2) substitute—

(2) But see article 38(3) (acquisition of subsoil or airspace only) of the A12 Chelmsford to A120 Widening Development Consent Order 2024, which excludes the acquisition of subsoil or airspace only from this Schedule.

(10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 36 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace only

38

(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 27 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over the land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as modified by article 36 (modification of Part 1 of the 1965 Act));

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) section 153(4A)[^f00083] (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(4) Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Rights under or over streets

39

(1) The undertaker may enter on and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is a statutory undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised development

40

(1) The undertaker may, in connection with the carrying out of the authorised development, but subject to article 29 (time limit for exercise of authority to acquire land compulsorily)—

(a) enter on and take possession of—

(i) the land specified in column (1) of Schedule 7 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (2) of that Schedule relating to the part of the authorised development specified in column (3) of that Schedule; and

(ii) any other Order land in respect of which no notice of entry has been served under section 11[^f00084] (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4[^f00085] (execution of declaration) of the 1981 Act;

(b) remove any electric line, electrical plant, structures, apparatus,buildings and vegetation from that land,

(d) construct any works on that land as are mentioned in Schedule 1 (authorised development).

(2) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph (1)(a)(ii).

(3) The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Schedule 7; or

(b) in the case of any land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace a building removed under this article;

(b) restore the land on which any permanent works have been constructed under paragraph (1)(d);

(c) remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

(d) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development;

(e) remove or reposition any apparatus installed for or belonging to statutory undertakers; or

(f) remove or reposition any mitigation or accommodation works which are required after possession of the land is given up.

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Any dispute as to the removal of temporary works and restoration of land under paragraph (4) does not prevent the undertaker giving up possession of the land.

(8) Subject to article 35 (no double recovery), nothing in this article affects any liability to pay compensation under section 152[^f00086] (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(9) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not precluded from acquiring any part of the subsoil of or airspace over (or rights in the subsoil of or airspace over) that land under article 38 (acquisition of subsoil or airspace only).

(10) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(11) Section 13[^f00087] (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(12) Paragraph (1)(a)(ii) does not authorise the undertaker to take temporary possession of any land which the undertaker is not authorised to acquire under article 27 (compulsory acquisition of land) or article 30 (compulsory acquisition of rights and imposition of restrictive covenants).

Temporary use of land for maintaining the authorised development

41

(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a) enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and must explain the purpose for which entry is taken.

(4) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a potential risk to the safety of—

(a) the authorised development or any of its parts;

(b) the public; or

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances.

(5) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(7) Any dispute as to the removal of temporary works and restoration of land under paragraph (6) does not prevent the undertaker giving up possession of the land.

(8) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(9) Any dispute as to a person’s entitlement to compensation under paragraph (8), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(10) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (8).

(11) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(12) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(13) In this article “the maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

Statutory undertakers

42

(1) Subject to the provisions of article 30(2) (compulsory acquisition of rights and imposition of restrictive covenants), Schedule 11 (protective provisions) and paragraph (2), the undertaker may—

(a) acquire compulsorily, or acquire new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and

(b) extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land.

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a) Part 3 (street works in England and Wales) of the 1991 Act; and

(b) article 43(2) (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

43

(1) Where a street is stopped up under article 19 (permanent stopping up and restriction of use of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 19 (permanent stopping up and restriction of use of streets and private means of access) any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the statutory utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

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

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

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

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

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

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

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

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

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

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

(8) In this article—

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

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

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003[^f00088].

Recovery of costs of new connections

44

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 42 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 41 (temporary use of land for maintaining the authorised development), any person who is—

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

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

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

(3) This article does not have effect in relation to apparatus to which article 43 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this paragraph—

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

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

Special category land

45

(1) On the exercise by the undertaker of the relevant Order powers, the special category land identified in Part 1 of Schedule 8 is not to vest in the undertaker, and the undertaker may not acquire any rights over the special category (rights) land identified in Part 2 of Schedule 8 until the undertaker has acquired the replacement land identified in Part 4 of Schedule 8 and the Secretary of State (in consultation with the relevant planning authority) has certified that a scheme for the provision of the replacement land as open space and a timetable for the implementation of the scheme has been received from the undertaker.

(2) On the requirements of paragraph (1) being satisfied, the special category land identified in Part 1 of Schedule 8 is to vest in the undertaker and be discharged from all rights, trusts and incidents to which it was previously subject.

(3) On the requirements of paragraph (1) being satisfied, the undertaker may acquire the rights over the special category (rights) land identified in Part 2 of Schedule 8 and the said land is to be discharged from all rights, trusts and incidents to which it was previously subject so far as their continuance would be inconsistent with the said rights that are to be acquired.

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

(5) In this article “the relevant Order powers” means the powers exercisable over the special category land by the undertaker under article 27 (compulsory acquisition of land) or article 30 (compulsory acquisition of rights and imposition of restrictive covenants).

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

46

(1) The undertaker may fell or lop any tree (other than a tree subject to a tree preservation order) or shrub, or cut back its roots, within or overhanging land within the Order limits if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1) or (4) the undertaker must—

(a) do no unnecessary damage to any tree or shrub; and

(b) pay compensation to any person for any loss or damage arising from such activity.

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

(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2)—

(a) remove any hedgerow described in Part 1 (removal of important hedgerows) or Part 2 (removal of other hedgerows) of Schedule 9 (hedgerows and trees); and

(b) subject to consultation with the relevant planning authority, remove any hedgerow within the Order limits that may be identified and that is not otherwise set out within Part 1 or Part 2 of Schedule 9.

(5) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997[^f00089] and includes important hedgerows.

Trees subject to tree preservation orders, etc.

47

(1) Subject to paragraph (2), the undertaker may fell or lop any tree described in Part 3 (trees subject to tree preservation orders) of Schedule 9, cut back its roots or undertake such other works described in column (2) of that Part of that Schedule relating to the relevant part of the authorised development described in that Part of that Schedule.

(2) The undertaker may only exercise the powers referred to in paragraph (1) if the undertaker reasonably believes it to be necessary in order to prevent the tree—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development.

(3) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity; and

(b) the duty contained in section 206(1)[^f00090] (replacement of trees) of the 1990 Act is not to apply although where possible the undertaker is to seek to replace any trees which are to be removed.

(4) The authority given in paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(5) The powers conferred by paragraph (1) may be exercised in relation to any tree or shrub that is situated within a conservation area designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990[^f00091].

(6) Before exercising the powers mentioned in paragraph (5), the undertaker is required to give written notice to the relevant planning authority of the intended works (with sufficient particulars to identify the tree) and either—

(a) the relevant planning authority has indicated in writing that it has no objection to the works or that the works fall within an exemption in paragraph (7)(a) or (b); or

(b) six weeks have elapsed from the date of the notice and a tree preservation order has not been made in respect of the tree or shrub.

(7) Paragraph (5) does not apply—

(a) where consent would not be needed for the proposed works if the tree or shrub were subject to a tree preservation order; or

(b) to any works which would be exempt in accordance with the regulations made under section 212[^f00092] (disapplication of tree preservation offences) of the 1990 Act.

(8) The duty contained in section 213(1)[^f00093] (enforcement of controls as respects trees in conservation areas) of the 1990 Act does not apply to the undertaker in carrying out the activity authorised by paragraphs (5) and (6).

(9) The authority given by paragraphs (5) and (6) constitutes an authorisation by an order granting development consent for the purpose of section 211(1A)[^f00094] (preservation of trees in conservation areas) of the 1990 Act.

(10) In carrying out any activity authorised by this article, the undertaker must not unnecessarily damage any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

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

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

48

(1) This article applies to—

(a) any agreement for lease to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

49

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

50

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00095] in relation to a nuisance falling within paragraph (g) of section 79(1)noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00096] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974[^f00097]; or

(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990)[^f00098] of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Removal of human remains

51

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

(2) Before the undertaker carries out any development or works which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

(3) Subject to paragraph (12), before any such remains are removed from the specified land the undertaker must give notice of the intended removal describing the specified land and stating the general effect of the following provisions of this article by—

(a) publishing a notice for two successive weeks in a newspaper circulating in the area of the authorised development; and

(b) displaying a notice in a conspicuous place on or near to the specified land.

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

(5) At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

(b) removed to, and cremated in, any crematorium,

and that person is to, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

(7) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

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

(9) If—

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

(b) such notice is given and no application is made under paragraph (7) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or

(c) within 56 days after any order is made by the county court under paragraph (7) any person, other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves are to be re-interred in individual containers which are to be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

(11) On the re-interment or cremation of any remains under this article—

(a) a certificate of re-interment or cremation is to be sent to the Registrar General by the undertaker giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) must be sent by the undertaker to the relevant planning authority.

(12) No notice is required under paragraph (3) before the removal of any human remains where the undertaker is satisfied—

(a) that the remains were interred more than 100 years ago; and

(b) that no relative or personal representative of the deceased is likely to object to the remains being removed in accordance with this article.

(13) In the case of remains in relation to which paragraph (12) applies, the undertaker—

(a) may remove the remains;

(b) must apply for direction from the Secretary of State under paragraph (14) as to their subsequent treatment; and

(14) The removal and subsequent treatment of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State.

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

(16) Section 25 (offence of removal of body from burial ground) of the Burial Act 1857[^f00099] does not apply to a removal carried out in accordance with this article.

Crown Rights

52

(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker to take, use, enter upon or in any manner interfere with any land or rights of any description (including any portion of the shore or bed of the sea or any river, channel, creek, bay or estuary)—

(a) belonging to His Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

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

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory purchase of any interest in any Crown land (as defined in the 2008 Act) for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Use of private roads for construction

53

(1) The undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction of the authorised development.

(2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).

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

Disapplication of local legislation

54

(1) The provisions of the Chelmer and Blackwater Navigation Act 1793—

(a) do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised development; and

(b) are subject to—

(i) any acquisition of new rights and covenants under article 30 (compulsory acquisition of new rights and imposition of restrictive covenants);

(ii) the exercise of temporary powers over land included in article 40 (temporary use of land for carrying out the authorised development), or article 41 (temporary use of land for maintaining the authorised development).

(2) In this article “the Chelmer and Blackwater Navigation Act 1793” means the Public Act, 33 George III, C.93, entitled “An Act for making and maintaining a Navigable Communication between the Town of Chelmsford, or some Part of the Parish of Springfield in the County of Essex, and a Place called Collier’s Reach, in or near the River Blackwater, in the said County”.

Disapplication and modification of byelaws

55

(1) The byelaws specified in column (1) of Schedule 10 (disapplication and modification of byelaws) are, to the extent specified in column (2) of that Schedule modified; or disapplied and do not apply insofar as they are inconsistent with a provision of, or a power conferred by, this Order.

(2) For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—

(a) it would make it an offence to take action, or not to take action, in pursuance of the power;

(b) action taken in pursuance of the power would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or

(c) action taken in pursuance of a power or duty under the provision would or might interfere with the exercise of any work authorised by this Order.

(3) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out—

(a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

(b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded... by this article; and

Use of land between Bury Lane and Station Road, Hatfield Peverel

56

(1) The undertaker may—

(a) use the relevant land; and

(b) authorise the use of the relevant land by any qualifying person,

for the passage on foot or with vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with access to specified land.

(2) Every part of the relevant land is deemed to form part of a road for the purposes of article 23 (traffic regulation).

(3) The undertaker must compensate the person liable for the repair of the land to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).

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

(5) In this article—

the “relevant land” means any part of the land within the plot 5/20a of the Order land as shown on the land plans and described in the book of reference;

“qualifying person” means any person authorised by the undertaker to use the relevant land; and

“specified land” means any land specified by the undertaker as being land to which qualifying persons require access over the relevant land.

Use of consecrated land

57

(1) Sections 238 (use and development of consecrated land) and 239 (use and development of burial grounds) of the 1990 Act apply—

(a) in relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement) so as to permit use by the undertaker in accordance with the provisions of this Order; and

(b) in relation to a right over land acquired for the purposes of the authorised development (whether or not by agreement) the temporary use of land pursuant to articles 40 (temporary use of land for constructing the authorised development) or 41 (temporary use of land for maintaining the authorised development) so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order, without prejudice to the status of the land over which the right is exercised as consecrated land.

(2) In section 238(1) of the 1990 Act as applied by paragraph (1), the reference to “planning permission” includes this Order.

(3) In section 240(1) of the 1990 Act, the reference to “regulations made for the purposes of sections 238(3) and (4) and 239(2)” means, so far as is applicable to land or a right over land acquired under this Order, paragraphs (2) to (15) of article 51 (removal of human remains).

(4) In section 240(3) of the 1990 Act, the reference to “statutory undertakers” includes the undertaker and the reference to “any other enactment” includes this Order.

(5) The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950[^f00100] do not apply to the authorised development.

Protective provisions

58

Schedule 11 (protective provisions) has effect.

Certification of documents, etc.

59

(1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 12 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 12 requires an amendment to reflect the terms of the Secretary of State’s decision to make this Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

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

Service of notices

60

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00101] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

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

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

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

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

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

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

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

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

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

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

Arbitration

61

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

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the County of Essex, in the administration areas of Chelmsford City Council, Braintree District Council, Maldon District Council and Colchester City Council.

The Works are situated as follows—

(a) in respect of—

(i) the whole of Work Nos. 1(a), 1(b), 1(c), 1(d), 1(e,) 1(f), 1(g), 1(h), 1(i), 1(j), 1(k), 1(l), 2(a), 2(b), 3(a), 3(b), 4, 5, 6(a), 6(b), 7(a), 7(b), T1, T2, T3, T4, T5, T6, U1, U2, U3, U4, U5, U6, U7, U8, U9, U10, U11, U12, U13, U14, U15, U16, U17, U18, U19, U20, U20A, U2A, U3A, U3B, U10A, U10C, U12A, U3C, U2B, U1A and U12B, and,

(ii) part of Work Nos.U21 and U22,

in the administrative area of Chelmsford City Council;

(b) in respect of—

(i) the whole of Work Nos. 8(a), 8(b), 9, 10, 11, 12(a), 12(b), 12(c), 13(a), 13(b), 14(a), 14(b), 15, 16, 17, 18(a), 18(b), 18(c), 18(d), 18(e), 18(f), 19, 20, 21, 22, 23(a), 23(b), 24(a), 24(b), 24(c), 24(d), 24(e), 24(g), 25, 26, 27, 28(a), 28(b), 29(a), 29(b), 30, 31, 32(a), 32(b), 32(c), 32(d), 33(a), 33(b), 34(a), 34(b), 35(a), 35(b), 36, 37(a), 37(b), 37(c), 37(d), 37(e), 38(a), 38(b), 39(a), 39(b), 39(c), 39(d), 40(a), 40(b), 41(a), 41(b), 41(c), 42(a), 42(b), 43(a), 43(b), 44(a), 44(b), 45(c), 45(d), 45(e), 46(a), 46(b), 47, 48, 49, 51(b), 52, 53, 56, 57, 58, 59, 60, 61(a), 61(d), 62(a), 62(b), 64, 66(b), 75, 76, 77, 78(a), 78(b), 79(a), 79(b), 79(c), 80(a), 80(b), 81, 82(a), 82(b), 82(c), 82(d), 82(e), 82(f), 82(g), 84, 85(a), 85(b), 86, 87(a), 87(b), 88(d), 91(a), 30A, 22A, 21A, 27A, 49A, 60A, 83, T7, T8, T9, T10, T11, T12, T13, T14, T15, T16, T17, T18, T19, T20, T21, T22, T23, T24, T25, T26, T27, T28, T29, T30, T31, T32, T33, T34, T35, T36, T38, T40, T47, U23, U24, U25, U26, U27, U28, U29, U30, U31, U32, U33, U34, U35, U36, U37, U38, U39, U40, U41, U42, U43, U57, U45, U46, U47, U55, U50, U50A, U51, U52, U53, U54, U48, U59, U49, U56, U44, U60, U61, U62, U63, U64, U65, U66, U68, U22A, U71, U72, U37A, U74, U75, U76, U77, U78, U79, U80, U81, U82, U83, U84, U86, U88, U89, U90, U91, U92, U93, U94, U95, U96, U97, U98, U99, U100, U101, U102, U103, U104, U105, U106, U107, U108, U109, U110, U111, U112, U113, U114, U115, U116, U117, U118, U119, U120, U121, U122, U123, U124, U125, U126, U127, U128, U129, U130, U131, U132, U135, U136, U151, U152, U153, U155, U156, U157, U158, U159, U160, U161, U162, U163, U164, U165, U166, U128A, U124A, U141A, U29A, U58, U62A, U63A, U70, U67, U73, U73A, U87, U85A, U85B, U85, U104A, U167A, U166A, U111B, U111A, U41A, U89A, U111C, U136A, U167B, U167C, U38A, and U84A,

(ii) and part of Work Nos. 45(a), 45(b), 50, 51(a), 54(a), 54(b), 55(a), 55(c), 61(b), 61(c), 65(b), 66(a), 68(a), 74(a), 88(a), 88(b), 88(c), 89(a), 91(b), 91(c), 76A, 50A, T37, T39, T41, T43, T45, T46, T48, T49, U21, U22, U69, U133, U134, U137, U138, U139, U140, U141, U149, U150, U154, U167, U168, U169, U170, U171, U172 and U173,

in the administrative area of Braintree District Council;

(c) in respect of the whole of Work Nos. 55(b), 63(a) and 63(b) and part of Work Nos. 45(a), 50, 51(a), 54(a), 54(b), 55(a), 55(c), 61(b), 61(c), 50A, T37, U69, U133, U134, U137, U138, U139 and U140, in the administrative area of Maldon District Council; and

(d) in respect of—

(i) the whole of Work Nos. 45(f), 65(a), 67(a), 67(b), 68(b), 69(a), 69(b), 70, 71, 72(a), 72(b), 73, 74(b), 74(c), 89(b), 90, 92(a), 92(b), 93(a), 93(b), 94(a), 94(b), 94(c), 94(d), 95, 96(a), 96(b), 97, 98(a), 98(b), 99(a), 99(b), 100, 101, 102(a), 102(b), 102(c), 102(d), 103(a), 103(b), 104, 105(a), 105(b), 105(c), 106, 107, 108, 109(a), 109(b), 110(a), 110(b), 112, 113, 114, 116, 117, 119, 120, 122, 104A, T42, T44, T50, T51, T52, T53, T54, U142, U143, U144, U145, U146, U147, U148, U174, U175, U176, U177, U178, U179, U180, U181, U182, U183, U184, U185, U186, U187, U188, U189, U190, U191, U192, U193, U194, U195, U196, U197, U198, U199, U200, U201, U202, U203, U204, U205, U206, U207, U145A, U146B, U146C, U184A, U193A, U186A, U208, U200A, U147C, U147B, 147A, U147D, U173A, U173B, U174A, U180A and U146A, and

(ii) part of Work Nos. 45a, 45b, 65b, 66a, 68a, 74a, 88a, 88b, 88c, 89a, 91b, 91c, 76A, T39, T41, T43, T45, T46, T48, T49, U137, U140, U141, U149, U150, U154, U167, U168, U169, U170, U171, U172 and U173,

in the administrative area of Colchester City Council.

The authorised development is a nationally significant infrastructure project as defined in sections 14, 20 and 22 of the 2008 Act[^f00102] and associated development within the meaning of section 115(2) of the 2008 Act, comprising—

Permanent Works

Work No. 1 – As shown on sheets 1 and 2 of the permanent works plans improvement works to junction 19 (J19) of the A12, including—

(a) works to widen the carriageway of the existing A12 south and north of the existing J19, of 1618 metres in length including works to tie in to the existing A12;

(b) the widening of Boreham Bridge, alterations to Generals Lane Roundabout and Generals Farm roundabout;

(c) the construction of the J19 slip roads (northbound on-slip, southbound off-slip and southbound merge). The southbound off-slip includes alterations to the throughabout at Generals Farm Roundabout, which consists of widening the existing throughabout, through the centre of the existing roundabout;

(d) the widening of B1137 Main Road of 236 metres in length northeast of the Generals Farm roundabout and the provision of means of access to adjoining land;

(e) realigning the A138 south of the Generals Lane roundabout;

(f) alteration to the Generals Lane roundabout link to the A12 northbound on-slip;

(g) alterations to the realigned Beaulieu Park Radial Distributor Road to the A12 northbound;

(h) alterations to the segregated left turn from Boreham Bridge to the A130;

(i) alterations to the A130 to tie in with the Generals Lane Roundabout;

(j) widening the Realigned Beaulieu Park Radial Distributor Road to tie in with the Generals Lane Roundabout;

(k) alterations to the A138 link to the A12 northbound on-slip; and

(l) construction of segregated left turn lane from the realigned Beaulieu Park Radial Distributor Road to Boreham Bridge.

Work No. 3 – As shown on sheet 1 of the permanent works plans the construction of a drainage facility east of the A12 and south of J19, including—

(a) an attenuation pond including associated outfall; and

(b) an access track of 310 metres in length connecting to Work No. 2(b).

Work No. 4 – As shown on sheet 2 of the permanent works plans resurfacing and extension of Paynes Lane of 264 metres in total length from its junction with B1139 Main Road to the proposed Paynes Lane Bridge (Work No. 5), Boreham.

Work No. 5 – As shown on sheet 2 of the permanent works plans the construction of the proposed Paynes Lane Bridge over the existing A12 and the Great Eastern Main Line Railway, north of J19.

Work No. 6 – As shown on sheet 2 of the permanent works plans the construction of a drainage facility east of Generals Lane Roundabout at Junction 19 and to the north of the A12, including the construction of—

(a) an attenuation pond including associated outfall; and

(b) an access track of 20 metres in length from the Junction 19 northbound on-slip road.

Work No. 7 – As shown on sheet 2 of the permanent works plans the construction of a drainage facility, including the construction of east of Boreham Brook and to the south of the existing A12—

(a) an attenuation pond including associated outfall in to the Boreham Brook; and

(b) an access track of 93 metres in length from B1137 Main Road.

Work No. 8 – As shown on sheet 5 of the permanent works plans the construction of a drainage facility, northeast of the River Ter Bridge, including the construction of—

(a) an attenuation pond including associated outfall, and

(b) an access track of 531 metres in length from Bury Lane, Hatfield Peverel and the provision of means of access to adjoining land.

Work No. 9 – As shown on sheet 5 of the permanent works plans the construction of a replacement overbridge to carry Bury Lane over the A12 including demolition of the existing bridge carrying the highway of Bury Lane over the A12, Hatfield Peverel and associated tie in works.

Work No. 10 – As shown on sheet 5 of the permanent works plans the construction of a replacement overbridge to carry Station Road over the A12, including the demolition of the existing bridge carrying the highway of Station Road, Hatfield Peverel over the A12 and associated tie in works.

Work No. 11 – As shown on sheets 4 and 5 of the permanent works plans the construction of the realigned B1137 known as Main Road and The Street, Hatfield Peverel.

Work No. 12 – As shown on sheets 4, 5, 6, 7, 8 and 9 of the permanent works plans alterations to the existing A12 commencing 518 metres southwest of River Ter Bridge to a point to the west of Junction 22 (J22) west facing slip roads and including—

(a) works to the existing A12 carriageways of 3110 metres in length, including widening of the existing carriageways, new carriageways, widening of the carriageway over the River Ter Bridge, retaining earth structures and tie in works;

(b) the construction of slip roads to and from Junction 21 roundabouts (Work No. 18(a)); and

(c) the widening of the existing A12 carriageway of 3754 metres in length, widening of the existing carriageways, new carriageways, including retaining earth structures, noise barriers, demolition of the existing Woodend Bridge and tie in works.

Work No. 13 – As shown on sheet 5 of the permanent works plans the construction of a drainage facility to the south of the B1137 (The Street), Hatfield Peverel, including the construction of—

(a) an attenuation pond including associated outfall to the River Ter; and

(b) an access track of 296 metres in length from The Street.

Work No. 14 – As shown on sheet 6 of the permanent works plans the construction of a drainage facility, including—

(a) an attenuation pond and outfall to the north of the New Hatfield Peverel Link Road (Work No. 18(b)); and

(b) an access track of 96 metres in length from the new Hatfield Peverel Link Road (Work No. 18(b)).

Work No. 15 – As shown on sheet 6 of the permanent works plans the construction of a flood mitigation area to the north and south of the New Hatfield Peverel Link Road (Work No. 18(b)).

Work No. 16 – As shown on sheet 6 of the permanent works plans the construction of an attenuation pond including associated outfall, to the north of the New Hatfield Peverel Link Road (Work No. 18(b)).

Work No. 17 – As shown on sheet 6 of the permanent works plans, a borrow pit (Borrow Pit-E) north of the new proposed northern roundabout forming part of the proposed Junction 21 (Work No. 18(a)) and south of the Great Eastern Mainline Railway.

Work No. 18 – As shown on sheet 6 of the permanent works plans the construction of a new Junction 21 (“J21”) of the A12, north of Hatfield Peverel, including—

(a) the construction of northern and southern roundabouts of J21 as well as a new bridge (Hatfield Road Overbridge) to carry Hatfield Road over the A12;

(b) the construction of a new Hatfield Peverel Link Road of 900 metres in length between the northern roundabout of J21 to Hatfield Peverel including the diversion of Footpath (90_02), demolition of the existing Wellington Bridge over the A12, demolition of a barn at Witham Field Farm, construction of a replacement overbridge (Wellington Road Overbridge) and the provision of means of access to adjoining land;

(d) the realigned access of 548 metres in length between the southern roundabout of J21 to Latneys Kennels (Kennel Access) and the provision of means of access to adjoining land;

(e) a cycle track of 452 metres in length linking the cycle track along the New Hatfield Peverel Link Road to the cycle track along the realigned Witham Link Road to the north of the A12; and

(f) the construction of a cycle track of 914 metres in length from The Street, Hatfield Peverel to the south of J21.

Work No. 19 – As shown on sheet 6 of the permanent works plans the construction of an attenuation pond including associated outfall and access from the realigned Witham Link Road (Work No. 18(c)), between Junction 21 northbound on-slip (Work No. 12(b)) and the new Hatfield Peverel Link Road (Work No. 18(c)), Witham.

Work No. 20 – As shown on sheet 6 of the permanent works plans the construction of an attenuation pond including associated outfall and access from the realigned Witham Link Road (Work No. 18(c)), to the north of the new Hatfield Peverel Link Road (Work No. 18(c)), Witham.

Work No. 21 – As shown on sheet 6 of the permanent works plans the construction of an attenuation pond including associated outfall and access from the existing B1389, between the A12 and the realigned Kennel Access (Work No. 18(d)), Witham.

Work No. 21A – As shown on sheets 6 and 7 of the permanent works plans a new public footpath adjacent to the realigned Kennel Access and the construction of a private means of access of 226 metres in length to the south of the altered A12 (Work No. 12(a) and Work No 12(c)), Witham, including the provision of means of access to the borrow pit restoration adjoining land (Work No. 26).

Work No. 22 – As shown on sheets 6 and 7 of the permanent works plans the construction of an attenuation pond including associated outfall and access track from the realigned Kennel Access (Work No. 18(d)), south of the realigned Kennel Access (Work No. 18(d)), Witham.

Work No. 22A – As shown on sheet 6 of the permanent works plans the construction of a field access track to the southeast of the southern roundabout of J22 (Work No. 18(a)).

Work No. 23 – As shown on sheet 6 of the permanent works plans the construction of a drainage facility, including—

(a) an attenuation pond including associated outfall to the south of the A12; and

(b) an access track of 462 metres in length from The Street and the provision of means of access to adjoining land.

Work No. 24 – As shown on sheets 8, 9, 10,11 and 12 of the permanent works plans alterations to the A12 between the west facing slip roads to the west of the proposed Junction 22 (Work No. 32) and a point 40 metres to the west of Cranes Bridge (Work No. 45(d)), including—

(a) the alteration of the A12 of 1857 metres in length by widening of the existing carriageways, provision of new carriageways, retaining earth structures, noise barriers and tie in works;

(b) the construction of four slip roads to and from the proposed Junction 22 roundabouts (Work No. 32(a));

(d) the widening of Benton Bridge, Witham;

(e) the widening of Brain Bridge, Witham;

(f) not used; and

(g) the alteration of the A12 of 1832 metres in length, widening of the existing carriageways, new carriageways, including retaining earth structures, noise barriers, noise and visual bunds, tie in works and demolition of the residential properties known as Badger (previously Erimyka) and Hair Lodge, Rivenhall End.

Work No. 25 – As shown on sheet 7 of the permanent works plans the construction of private means of access of 322 metres in length to Dengie Farm, south of the altered A12 (Work No. 12(c)), Witham.

Work No. 26 – As shown on sheet 7 of the permanent works plans, a borrow pit (Borrow Pit-F) to the south of the existing A12 and west of Dengie Farm, Witham.

Work No. 27 – As shown on sheet 8 of the permanent works plans the construction of a new bridge (Gershwin Boulevard Bridge) over the A12 south of Olivers Drive, Witham, together with associated footpath connections to Olivers Drive and Gershwin Boulevard.

Work No. 27A – As shown on sheets 8 and 9 of the permanent works plans the construction of a private means of access of 392 metres in length from the existing Blackwater Lane, Witham to the Barrows Creep underpass, Whetmead.

Work No. 28 – As shown on sheet 8 of the permanent works plans, construction of a drainage facility to the south of the A12 carriageway, Witham, including—

(a) an attenuation pond including associated outfall in to the River Brain; and

(b) an access track from Blue Mill Hill of 819 metres in length including the diverted Footpath 121_101.

Work No. 29 – As shown on sheets 7 and 8 of the permanent works plans the construction of a drainage facility to the south of the A12, Witham, including—

(a) an attenuation pond and associated outfall to Maldon Road; and

(b) an access track of 596 metres in length from the realigned access to Dengie Farm (Work No. 25) including the provision of means of access to adjoining land.

Work No. 30 – As shown on sheet 10 of the permanent works plans the demolition of the existing Colemans Bridge, the construction of a new bridge (Little Braxted Bridge) over the A12 including a new cycle track from Little Braxted Lane to the realigned Colchester Road (Work No. 32(c)), Witham.

Work No. 30A – As shown on sheets 9 and 10 of the permanent works plans the construction of new public footpath connecting the cycle track from Little Braxted Lane (Work No. 30) to Footpath (121_103), Witham.

Work No. 31 – As shown on sheet 10 of the permanent works plans the construction of an attenuation pond including associated outfall and access to the realigned Colchester Road, Witham, to the east of the new Junction 22 northbound off-slip (Work No. 24(b)).

Work No. 32 – As shown on sheet 10 of the permanent works plans the construction of a new Junction 22 of the A12 (J22), Witham, including—

(a) the northern and southern roundabouts of J22 and Little Braxted Lane Overbridge;

(b) the northern connector road from the northern roundabout to the de-trunked A12 eastern connection;

(c) improvements to Eastways Junction and the realignment and dualling of Colchester Road to connect to the northern roundabout of J22; and

(d) the construction of the realigned Little Braxted Lane to connect with the southern roundabout of J22 including an access to the quarry to the east of the existing A12.

Work No. 33 – As shown on sheet 10 of the permanent works plans the construction of a drainage facility northeast of the northern roundabout of Junction 22 (Work No. 32(a)), including the construction of—

(a) an attenuation pond and associated outfall; and

(b) an access track of 332 metres in length from the de-trunked A12 eastern connection.

Work No. 34 – As shown on sheet 10 of the permanent works plans the construction of a drainage facility between the existing A12 and the northbound on-slip of J22 (Work No. 24(b)), including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 166 metres in length from the existing A12.

Work No. 35 – As shown on sheets 9 and 10 of the permanent works plans construction of drainage facility, including—

(a) an attenuation pond and associated outfall to the southeast of Little Braxted Lane, Witham; and

(b) an access track of 298 metres in length from the diverted Little Braxted Lane (Work No. 32(d)).

Work No. 36 – As shown on sheets 9 and 10 of the permanent works plans the construction of an attenuation pond and associated outfall to the southeast of Little Braxted Lane, Witham.

Work No. 37 – As shown on sheets 10 and 11 of the permanent works plans the construction of—

(a) the new Rivenhall End West Roundabout and its eastern and western connection to the de-trunked A12, the replacement of the Oak Road junction with the existing A12 with a turning head on Oak Road, and alterations to the realigned Rivenhall Access, including the provision of means of access to adjoining land;

(b) the realigned Braxted Road to the south of the existing A12;

(d) the new overbridge to carry Braxted Road over the altered A12 (Braxted Road Overbridge); and

(e) a realigned access road to the south of the altered A12 (Work No. 24(a) and Work No 24(g)).

Work No. 38 – As shown on sheet 11 of the permanent works plans the construction of a drainage facility south of Rivenhall End West Roundabout (Work No. 37(a)), including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 165 metres in length from the existing A12.

Work No. 39 – As shown on sheets 11 and 12 of the permanent works plans the construction of—

(a) Rivenhall End East Roundabout;

(b) the western connection to the de-trunked A12 from Rivenhall End East Roundabout, including the provision of means of access to adjoining land;

(d) the construction of a new public footpath linking Rivenhall End East Roundabout (Work No. 39(a)) to the public Footpath (105_45), including the provision of means of access to adjoining land.

Work No. 40 – As shown on sheet 11 of the permanent works plans the construction of a drainage facility to the west of the altered A12 carriageway (Work No. 24(g)) and north of Rivenhall End East Roundabout (Work No. 39(a)), including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 143 metres in length from Rivenhall End East Roundabout (Work No. 39(a)).

Work No. 41– As shown on sheets 11 and 12 of the permanent works plans the construction of a drainage facility, including—

(a) an attenuation pond including associated outfall, to the Rivenhall Brook;

(b) an access track of 421 metres in length from the new Essex Fire and Rescue Access Road (Work No. 52); and

Work No. 42 – As shown on sheet 11 of the permanent works plans—

(a) the construction of Rivenhall Brook Culvert under the altered A12 carriageway (Work No. 24(g)); and

(b) the realignment of Rivenhall Brook.

Work No. 43 – As shown on sheet 11 of the permanent works plans construction of a drainage facility to the east of the altered A12 carriageway (Work No. 24(g)), including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 306 metres in length to connect with the realigned Access Road (Work No. 37(e)).

Work No. 44 – As shown on sheet 11 of the permanent works plans the construction of a drainage facility to the south of the altered A12 carriageway (Work No. 24(a)) and east of the realigned Braxted Road (Work No. 37(b)), including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 77 metres in length from the realigned access road comprising Work No. 37(e).

Work No. 45 – As shown on sheets 11, 12, 13 and 14 of the permanent works plans the alteration of the A12 between a point 40 metres to the west of Cranes Bridge (Work No. 45(d)) and the east facing slip roads east of the proposed Junction 24 (Work No. 74), including—

(a) the alteration of the A12 of 2882 metres in length, widening of the existing carriageways, new carriageways, including the demolition of Brick Kiln Farm, retaining earth structures and tie in works;

(b) the construction of four slip roads to and from Junction 24 roundabouts (Work No. 74(a)) and associated demolition works to the existing A12;

(d) widening of Cranes Bridge including associated tie in works;

(e) widening of Ashmans Bridge; and

(f) widening of Park Bridge.

Work No. 46 – As shown on sheet 11 of the permanent works plans the construction of drainage facility to the south of the altered A12 carriageway (Work No. 24(a)) and east of the realigned Braxted Road, including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 222 metres in length from the realigned Braxted Road (Work No. 37(b)).

Work No. 47 – As shown on sheet 12 of the permanent works plans the construction of an attenuation pond associated outfall including an access track from the New B1024 Link Road (Work No. 39(c)), to the north of the altered A12 carriageway and east of Sniveller’s Lane Bridge (Work No. 53).

Work No. 48 – As shown on sheets 11 and 12 of the permanent works plans a borrow pit (Borrow Pit-I) to the north of the existing A12, east of Rivenhall End.

Work No. 49 – As shown on sheet 12 of the permanent works plans the construction of drainage facility including an attenuation pond and associated outfall to the north of the existing Junction 23 and north of the altered A12 carriageway (Work No. 45(a)).

Work No. 49A – As shown on sheet 12 of the permanent works plans a private means of access of 121 metres in length from the existing Cranes Lane, Kelvedon.

Work No. 50 – As shown on sheets 12 and 13 of the permanent works plan a new public footpath from the existing Footpath (246_19) to the footway adjacent to the B1024, including the provision of means of access to adjoining land and the relocation of Ashmans Farm Footbridge.

Work No. 50A – As shown on sheets 12 and 13 of the permanent works plans the construction of a proposed flood bund to the south of the altered A12 (Work No. 45(a)), Kelvedon.

Work No. 51 – As shown on sheet 12 of the permanent works plans the construction of a drainage facility to the south of the new public footpath (Work No. 50), including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 268 metres in length from the existing B1024 south of the altered A12 carriageway (Work No. 45(a)).

Work No. 52 – As shown on sheet 12 of the permanent works plans the construction of the New Essex Fire and Rescue Access Road including the provision of means of access to adjoining land.

Work No. 53 – As shown on sheet 12 of the permanent works plans construction of a new bridge (Sniveller’s Lane Bridge) to the east of the Essex County Fire and Rescue Service headquarters over the altered A12 (Work No. 45) and a new cycle track from the New Essex Fire and Rescue Access (Work No.52) to the New B1024 Link Road (Work No. 39(c)).

Work No. 54 – As shown on sheet 13 of the permanent works plans the construction of a drainage facility to the west of the realigned Maldon Road, Kelvedon (Work No. 55(a)) and north of the altered A12 carriageway (Work No. 45(a)), including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 174 metres in length from the realigned Maldon Road (Work No. 55(a)) including the provision of means of access to adjoining land.

Work No. 55 – As shown on sheet 13 of the permanent works plans the construction of—

(a) the realigned Maldon Road, Kelvedon;

(b) a replacement overbridge (Highfields Overbridge) over the altered A12 carriageway (Work No. 45(a)) and the demolition of the existing Highfields Bridge; and

Work No. 56 – As shown on sheet 13 of the permanent works plans the construction of an attenuation pond including associated outfall and access from the realigned Maldon Road (Work No. 55(a)), to the east of the realigned Maldon Road, Kelvedon (Work No. 55(a)) and north of the altered A12 carriageway (Work No. 45(a)).

Work No. 57 – As shown on sheet 13 of the permanent works plans the construction of an attenuation pond including associated outfall and access track from Ewell Hall Chase, to the north of the altered A12 carriageway (Work No. 45(a)).

Work No. 58 – As shown on sheets 13 and 14 of the permanent works plans the construction of an attenuation pond including associated outfall, northwest of realigned Ewell Road (Work No. 76) and a maintenance lay-by on Ewell Hall Chase.

Work No. 59 – As shown on sheets 13 and 14 of the permanent works plans a borrow pit (Borrow Pit-J) to the south of the altered A12 carriageway (Work No. 45(a)).

Work No. 60 – As shown on sheets 13 and 14 of the permanent works plans a new public footpath between Highfields Lane (Work No. 55(c)) and the replacement Ewell Overbridge (Work No.76), including the provision of means of access to the borrow pit restoration adjoining land (Work No. 59) and the ponds (Work No 77 and Work No. 58).

Work No. 60A – As shown on sheet 13 of the permanent works plans a private means of access of 226 metres in length to the south of the realigned Highfields Lane from the existing Highfields Lane, Kelvedon.

Work No. 61 – As shown on sheet 12 and 13 of the permanent works plans—

(a) a flood mitigation area to the south of the realigned Highfields Lane (Work No. 55(c)) and a proposed flood bund;

(b) new western culvert of 583 metres in length;

(d) the realignment of Footpath (92_26).

Work No. 62 – As shown on sheet 13 of the permanent works plans the construction of a drainage facility to the south of the realigned Highfields Lane (Work No. 55(c)), including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 134 metres in length from the realigned Highfields Lane.

Work No. 63 – As shown on sheet 13 of the permanent works plans the construction of a drainage facility to the east of the realigned Highfields Lane (Work No. 55(c)), including—

(a) an attenuation pond including associated outfall; and

(b) an access track of 149 metres in length from the realigned Highfields Lane.

Work No. 64 – As shown on sheets 14 and 21 of the permanent works plans the construction of an attenuation pond including associated outfall, to the north of Ewell Hall Chase.

Work No. 65 – As shown on sheets 14 and 21 of the permanent works plans the construction of a drainage facility south of B1023 Kelvedon Road, Kelvedon,, including—

(a) an attenuation pond including associated outfall; and

(b) an access track of 639 metres in length from B1023 Kelvedon Road to Work No. 64 and provision of means of access to adjoining land.

Work No. 66 – As shown on sheets 14 and 15 of the permanent works plans the construction of a drainage facility to the north of the realigned Domsey Brook (Work No. 67(b)), including—

(a) an attenuation pond including associated outfall; and

(b) an access track of 668 metres in length from the realigned Prested Hall Access Road and provision of means of access to adjoining land.

Work No. 67 – As shown on sheet 14 of the permanent works plans—

(a) the widening of Domsey Brook Bridge carrying the A12 over Domsey Brook; and

(b) the realignment of Domsey Brook.

Work No. 68 – As shown on sheets 14, 15, 16, 17, 18 and 19 of the permanent works plans the alteration of the A12 between the east facing slip roads east of the proposed Junction 24 (Work No. 74) and the east facing slip roads east of the proposed Junction 25, including—

(a) the alteration of the A12 of 7898 metres in length, widening of the existing carriageways, new carriageways, noise and visual bunds and noise barriers; and

(b) new four slip roads to and from Junction 25 including noise and visual bunds and associated demolition works to the existing A12.

Work No. 69 – As shown on sheet 14 of the permanent works plans the construction of a drainage facility to the south of the realigned Domsey Brook (Work No. 67(b)), including—

(a) an attenuation pond including associated outfall; and

(b) an access track of 257 metres in length from the existing B1023 Kelvedon Road.

Work No. 70 – As shown on sheet 14 of the permanent works plans the construction of an attenuation pond including associated outfall and an access track from the realigned B0123 Kelvedon Road, to the north of Inworth roundabout (Work No. 74(c)).

Work No. 71 – As shown on sheet 14 of the permanent works plans the construction of an attenuation pond including associated outfall to the west of B1023 Kelvedon Road including an access track from Inworth roundabout (Work No. 74(c)) and access to adjoining land.

Work No. 72 – As shown on sheet 14 of the permanent works plans the construction of a drainage facility south of B1023 Kelvedon Road, including—

(a) an attenuation pond and associated outfall; and

(b) an access track of 217 metres in length from the New Inworth Link (Work No. 74(b)).

Work No. 73 – As shown on sheet 14 of the permanent works plans flood mitigation area to the south of B1023 Kelvedon Road.

Work No. 74 – As shown on sheet 14 of the permanent works plans the construction of the new Junction 24 of the A12 (J24),, including—

(a) northern and southern roundabouts of J24, and a connecting underbridge;

(b) New link road (Inworth Link) from the southern roundabout of J24 to the new Inworth roundabout (Work No. 74(c)); and

(c) a new roundabout on B1023 Kelvedon Road (Inworth roundabout) including the realigned Kelvedon Road, realigned B1023 Kelvedon Road north and realigned B1023 Kelvedon Road south.

Work No. 75 – As shown on sheet 14 of the permanent works plans flood mitigation area to the south of J24 southbound on-slip (Work No. 45) and a proposed flood bund.

Work No. 76 – As shown on sheet 14 of the permanent works plans the demolition of the existing Ewell Bridge and the construction of a new bridge (replacement Ewell Overbridge) over the altered A12 (Work No. 45(a)), including the construction of the realigned Ewell Road, a new public footpath connecting Footpath (92_95) to Footpath (92_15), the construction of private means of access to adjoining land and the provision of means of access to the ponds (Work No. 58).

Work No. 76A – As shown on sheet 14 of the permanent works plans the construction of new public footpath connecting Footpath (92_20) to Footpath (92_25), Kelvedon.

Work No. 77 – As shown on sheet 14 of the permanent works plans the construction of an attenuation pond including associated outfall and an access track of 123 metres in length from the realigned Ewell Road, southeast of Ewell Overbridge replacement (Work No. 76).

Work No. 78 – As shown on sheet 15 of the permanent works plans the construction of a drainage facility, to the north of the altered A12 carriageway (Work No. 68(a)), including—

(a) an attenuation pond including associated outfall; and

(b) an access track of 217 metres in length from the realigned Threshelfords Access Road.

Work No. 79 – As shown on sheet 15 of the permanent works plans the construction of—

(a) the realigned Prested Hall access, the demolition of the existing Nursery Bridge and provision of means of access to adjoining land and associated swales;

(b) Prested Hall overbridge; and

Work No. 80 – As shown on sheet 15 of the permanent works plans the construction of a drainage facility, west of the altered A12 carriageway (Work No. 68(a)) and north the realigned Prested Hall Access (Work No. 79(a)), including—

(a) an attenuation pond including associated outfall; and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.