The M3 Junction 9 Development Consent Order 2024

• (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 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

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• (1) The undertaker may, in connection with the carrying out of the authorised development, but subject to article 26(2) (time limit for exercise of authority to acquire land compulsorily)—

• (a) enter on and take temporary 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 11⁷⁵ (powers of entry) of the 1965 Act and no declaration has been made under section 4⁷⁶ (execution of declaration) of the 1981 Act (other than in connection with the acquisition of rights only);

• (b) remove any buildings and vegetation from that land;

• (c) construct temporary works (including the provision of means of access) and buildings on that land; and

• (d) construct any permanent works specified in relation to that land in column (2) of Schedule 7, or any other mitigation works in connection with the 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 must 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 (including ground strengthening works) have been constructed under paragraph (1)(d); or

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

• (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 powers conferred by 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 of the 1961 Act.

• (7) Nothing in this article affects any liability to pay compensation under section 152⁷⁷ (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).

• (8) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not to be 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 32 (acquisition of subsoil or airspace only).

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

• (10) Section 13⁷⁸ (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.

• (11) 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 24 (compulsory acquisition of land) or article 27 (compulsory acquisition of rights and imposition of restrictive covenants).

Temporary use of land for maintaining the authorised development

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• (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 explaining the purpose for which entry is to be taken.

• (4) 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.

• (5) 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.

• (6) 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.

• (7) Any dispute as to a person’s entitlement to compensation under paragraph (6), 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.

• (8) Nothing in this article affects any liability to pay compensation under section 152 (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 execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

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

• (10) Section 13 (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.

• (11) In this article “the maintenance period”, in relation to any part of the authorised development, means the period of 10 years beginning with the date on which that part of the authorised development is first opened for use.

Statutory undertakers

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• (1) Subject to the provisions of article 27(3) (compulsory acquisition of rights and imposition of restrictive covenants), Schedule 10 (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 37 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

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• (1) Where a street is stopped up under article 17 (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 17 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 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—

• “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 2003⁷⁹.

Recovery of costs of new connections

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• (1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 36 (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 36, 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 37 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

• (4) In this article—

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

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

PART 6 — OPERATIONS

Felling or lopping of trees and removal of hedgerows

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• (1) The undertaker may fell or lop any tree (other than a tree subject to a tree preservation order, as to which see article 40 (trees subject to tree preservation orders)) or shrub, or cut back its roots, within or overhanging land within the Order limits if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

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

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

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

• (a) do no unnecessary damage to any tree or shrub; 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) remove any hedgerow provided that the hedgerow is described in Schedule 8 (removal of hedgerows).

• (5) In this article “hedgerow” has the same meaning as in the Hedgerows Regulations 1997⁸⁰ and includes important hedgerows.

Trees subject to tree preservation orders

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• (1) The undertaker may fell or lop any tree described in Schedule 9 (trees subject to tree preservation orders), cut back its roots or undertake such other works described in column (2) of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule, if the undertaker reasonably believes it to be necessary to do so to prevent the tree or shrub—

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

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

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

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

• (b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act is not to apply although where possible the undertaker is to seek to replace any trees which are removed; and

• (c) the undertaker must consult the relevant planning authority prior to that activity taking place.

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

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

PART 7 — MISCELLANEOUS AND GENERAL

Removal of human remains

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

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

• (3) Before any such remains are removed from the specified land the undertaker must give notice of the intended removal describing the specified land and stating the general effect of the following provisions of this article by—

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

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

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

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

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

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

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

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

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

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

• (9) If—

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

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

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

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

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

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

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

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

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

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

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

• (14) Section 25 of the Burial Act 1857⁸¹ (offence of removal of body from burial ground) does not apply to a removal carried out in accordance with this article.

Application of landlord and tenant law

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• (1) This article applies to—

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

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

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

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

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

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

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

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

Operational land for purposes of the 1990 Act

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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 not being operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

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• (1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990⁸² in relation to a nuisance falling within paragraph (d), (fb), (g) or (ga) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2) 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 1974⁸³; or

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

• (iii) 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) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protective provisions

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Schedule 10 (protective provisions) has effect.

Certification of plans etc.

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• (1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of each of the plans and documents set out in Schedule 11 (documents to be certified) for certification that they are true copies of the plans and documents referred to in this Order.

• (2) 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

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

• (a) by post;

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

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

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

• (3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978⁸⁴ as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

• (c) the notice or document is legible in all material respects; and

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

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

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

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

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

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

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

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

Arbitration

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

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of Hampshire County Council and Winchester City Council and South Downs National Park Authority

The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act⁸⁵ and associated development within the meaning of section 115(2)⁸⁶ of the 2008 Act, comprising—

Work No. 1 – as shown on sheet nos. 3, 5 and 6 of the works plans and being the improvement and construction of the realignment of the northbound and southbound carriageways of the A33 between B3047 (London Road)/A33 junction and proposed A33/M3 northbound onslip roundabout, being 1371 metres in length, such works including—

• (a) the construction of 2 no. uncontrolled pedestrians crossing at the location shown on sheet 3 of the works plans;

• (b) the construction of a realigned central reserve on the A33, being 60m in length at the location shown on sheet 3 of the works plans;

• (c) the construction of a widened section of the A33 and reconfiguration to a two-way layout, being 190m in length at the location shown on sheet 3 of the works plans;

• (d) the construction of a realigned business park access to the A33 at the location shown on sheet 3 of the works plans;

• (e) the construction of a realignment of the business park access at the location shown on sheet 3 of the works plans;

• (f) the construction of a 1 no. splitter island at the location shown on sheet 3 of the works plans;

• (g) the construction of the extension of the existing central reserve with associated vehicle restraint system, being 275m in length at the location shown on sheet 5 of the works plans;

• (h) the construction of carriageway realignment on the existing River Itchen bridge (including possible remediation works), being 47m in length at the location shown on sheet 5 of the works plans;

• (i) the construction of a new vehicular maintenance access from the attenuation basin maintenance track at the location shown on sheet 5 of the works plans;

• (j) the construction of a drainage attenuation basin with associated drainage facilities, access and landscaping at the location shown on sheet 5 of the works plans;

• (k) the construction of an attenuation basin maintenance track, being 130m in length at the location shown on sheet 5 of the works plans;

• (l) the construction of an open drainage channel at the location shown on sheet 5 of the works plans;

• (m) the construction of drainage attenuation basin with associated drainage facilities, access and landscaping at the location shown on sheet 5 of the works plans;

• (n) the construction of a 1 no. roundabout splitter island at the location shown on sheet 5 of the works plans;

• (o) the construction of an open drainage channel at the location shown on sheet 5 of the works plans.

Work No. 2 – as shown on sheet nos. 3, 5, 6 and 7 of the works plans and being the construction of a cycle track between B3047 London Road/A33 junction and M3 Junction 9 gyratory, being 2000m in length of footway, cycle way, edgings, verges, wayfinding signage, bollards, fencing, tactile paving, chalk bunds, embankments, retaining walls, steps, including the construction of a cycle track underpass (24 metres in length), such works including—

• (a) the construction of a realignment of the existing public right of way (Ref. 111/6/1) to connect to the proposed Kings Worthy cycle track at the location shown on sheet 3 of the works;

• (b) the construction of a retaining wall, being 80 metres in length at the toe of the embankment of the proposed Kings Worthy cycle track at the location shown on sheet 5 of the works plans;

• (c) the construction of a new pedestrian link, being 41m in length, from the proposed cycle track to the existing public right of way (Ref. 111/749/1) at the location shown on sheet 5 of the works plans;

• (d) the construction of a retaining wall, being 37 metres in length, in the embankment of the A34 southbound at the location shown on sheet 5 of the works plans;

• (e) the construction of a cycle track subway with associated lighting, being 24 metres in length to the north west of the A34 northbound underpass to maintain connectivity on the cycle track route between Kings Worthy and Winchester at the location as shown on sheet 6 of the works plans.

Work No. 3 – As shown on sheet nos. 3, 5, 6 and 7 of the works plans and being the construction improvements and realignment of the southbound carriageway of the A34, being 1660 metres in length, such works including—

• (a) the construction of 1 no. variable message sign including installation of new sign, sign illumination, sign structures, gantry foundations, control cabinets, power and communication cable connections at the location shown on sheet nos. 3 and 5 of the works plans;

• (b) the construction of a variable message sign maintenance layby including layby foundations, earthworks and vehicle restraint system at the location shown on sheet 3 of the works plans;

• (c) the construction of carriageway widening on the existing River Itchen bridge (including possible remediation works), being 46 metres in length at the location shown on sheet 5 of the works plans;

• (d) the construction of 1 no. variable message sign including installation of new sign, sign illumination, sign structures, gantry foundations, control cabinets, power and communication cable connections at the location shown on sheet nos. 5 and 6 of the works plans;

• (e) the construction of a variable message sign maintenance layby including layby foundations, earthworks and vehicle restraint system at the location shown on sheet nos. 5 and 6 of the works plans.

Work No. 4 – as shown on sheet 5 of the works plans and being the construction of a cycle track overbridge across the River Itchen, being 38 metres in length.

Work No. 5 – as shown on sheet nos. 5 and 6 and being the diversion of 1095 metres of water pipeline.

Work No. 6 – as shown on sheet nos. 5 and 6 of the works plans and being the construction of drainage attenuation basins and associated maintenance and landscaping between A34 northbound 95m south of River Itchen Bridge to M3 diverge offslip, being 781 metres in length, and the construction improvement and realignment of the northbound carriageway of the A34 (1194 metres in length), such works including—

• (a) the construction of an attenuation basin maintenance track, being 565 metres in length at the location shown on sheet nos. 5 and 6 of the works plans;

• (b) the construction of drainage attenuation basin with associated drainage facilities, access and landscaping at the location shown on sheet nos. 5 and 6 of the works plans;

• (c) the construction of drainage attenuation basin with associated drainage facilities, access and landscaping at the location shown on sheet 6 of the works plans;

• (d) the construction of drainage attenuation basin with associated drainage facilities, access and landscaping at the location shown on sheet 6 of the works plans;

• (e) the construction of a maintenance footway and associated earthworks, being 321 metres in length at the location shown on sheet 6 of the works plans.

Work No. 7 – as shown on sheet nos. 5 and 6 of the works plans and being the construction of a new roundabout on embankment positioned to the north of M3 Junction 9, providing connections to the realigned A33 (Work No. 1) and realigned M3 northbound onslip (Work No. 8).

Work No. 8 – as shown on sheet nos. 5 and 6 of the works plans and being the construction of a new 1 lane merge onslip onto the M3 Northbound, being 600 metres in length, from the A33 roundabout (Work No. 7) on embankment to connect to the M3 Junction 9.

Work No. 9 – as shown on sheet nos. 4, 5, 6 and 7 of the works plans and being the construction of a new bridleway, being 1390 metres in length including edgings, verges, wayfinding signage, bollards, tactile paving, and horse mounting blocks, and associated drainage and landscaping features to connect Long Walk and Easton Lane, such works including—

• (a) the construction of an attenuation basin maintenance track, being 191 metres at the location shown on sheet 6 of the works plans;

• (b) the construction of a new vehicular access turning head to the infiltration and attenuation basin maintenance track at the location shown on sheet 6 of the works plans;

• (c) the construction of drainage infiltration and attenuation basin with associated drainage facilities, access and landscaping at the location shown on sheet 6 of the works plans;

• (d) the construction of drainage infiltration and attenuation basin with associated drainage facilities, access and landscaping at the location shown on sheet 5 of the works plans;

• (e) the construction of an open drainage channel at the location shown on sheet nos. 4, 5, 6 and 7 of the works plans.

Work No. 10 – as shown on sheet nos. 5, 6, 7 and 8 of the works plans and being the construction improvements of the southbound carriageways of the M3, being 1983 metres in length, such works including—

• (a) the construction of 1 no. variable message sign including installation of new sign, sign illumination, sign structures, gantry foundations, control cabinets, power and communication cable connections at the location shown on sheet 6 of the works plans;

• (b) the alteration of the existing M3 southbound carriageway from two lanes and hard shoulder to four lanes southbound, being 320 metres in length, from A34 southbound on merge to M3 southbound tie-in in cutting including tie in from the M3 Junction 9 southbound merge slip at the location shown on sheet 7 of the works plans;

• (c) the construction of a new retaining wall, being 100 metres in length, and associated landscaping tie-ins as shown on sheet 7 of the works plans.

Work No. 11 – as shown on sheet nos. 5, 6 and 7 of the works plans and being the construction of a new one lane offslip carriageway and associated hard shoulder, being 881 metres in length, on both embankment and in cutting to connect the M3 southbound to the M3 Junction 9 gyratory including alterations to the tie ins at both ends of the proposed offslip.

Work No. 12 – as shown on sheet nos. 4, 5, 6, 7 and 8 of the works plans and being the construction improvements of the northbound carriageways of the M3, being 2067 metres in length, such works including—

• (a) the construction of a new retaining wall, being 186 metres in length and associated landscaping tie-ins as shown on sheet nos. 6 and 7 of the works plans;

• (b) the alteration of the existing M3 northbound carriageway from two lanes and hard shoulder to four lanes northbound, being 656 metres in length, from M3 Junction 9 northbound offslip to A34 northbound offslip in cutting including tie in from the M3 Junction 9 northbound diverge slip;

• (c) the construction of a new retaining wall, being 167 metres in length, and associated landscaping tie-ins as shown on sheet nos. 6 and 7 of the works plans;

• (d) the construction of 1 no. variable messaging sign including installation of new sign, sign illumination, sign structures, gantry foundations, embankment, earthworks, control cabinets, power and communication cable connections at the location shown on sheet 7 of the works plans.

Work No. 13 – as shown on sheet no. 6 of the works plans and being the construction of a vehicular underpass, being 119 metres in length, and associated drainage and structural elements (wing walls, etc) underneath the M3 to connect the A34 southbound to the M3 Junction 9 gyratory.

Work No. 14 – as shown on sheet no. 6 of the works plans and being the construction of a vehicular underpass, being 100 metres in length, and associated drainage and structural elements underneath the A34 northbound to connect the A33 to the M3 Junction 9 gyratory.

Work No. 15 – as shown on sheet nos. 6 and 7 of the works plans and being the construction of a toucan crossing including associated traffic signals and ducting.

Work No. 16 – as shown on sheet nos. 6 and 7 of the works plans and being the construction of a new roundabout (National Highways depot roundabout) at the junction of the National Highways depot access and the A33 northbound/southbound road.

Work No. 17 – as shown on sheet nos. 5, 6 and 7 of the works plans and being the construction of a new 2 lane carriageway between the A33 roundabout (Work No. 7) and National Highways depot roundabout (Work No. 16), such works including—

• (a) the construction of a 1 no. splitter island at the location shown on sheet no. 6 of the works plans;

• (b) the construction of a new vehicular access to the infiltration and attenuation basin maintenance track at the location shown on sheet no. 6 of the works plans;

• (c) the construction of a 1 no. splitter island at the location shown on sheet nos. 6 and 7 of the works plans.

Work No. 18 – as shown on sheet nos. 6 and 7 of the works plans and being the construction of a new works access to the National Highways depot and associated drainage features within the depot area, such works including—

• (a) the construction of a 1 no. splitter island at the location shown on sheet nos. 6 and 7 of the works plans;

• (b) the construction of attenuation basin with associated drainage facilities, access and landscaping at the location shown on sheet no. 6 of the works plans;

• (c) the extinguishment of the existing National Highways depot exit at the location shown on sheet nos. 6 and 7 of the works plans.

Work No. 19 – as shown on sheet nos. 4, 5, 6, and 7 of the works plans and being the construction of the realignment of the M3 central reserve, being 1741 metres in length, and replacement of the existing central reserve steel vehicle restraint system.

Work No. 20 – as shown on sheet no. 6 and being the diversion of 216 metres in length of low-pressure gas main pipeline.

Work No. 21 – as shown on sheet nos. 6 and 7 and being the diversion of 269 metres in length of power cables.

Work No. 22 – as shown on sheet nos. 6 and 7 and being the construction of 2 lane carriageway (261 metres in length) between National Highways depot roundabout (Work No. 16) and the M3 Junction 9 gyratory, such works including—

• (a) the construction of a 1 no. splitter island at the location shown on sheet nos. 6 and 7 of the works plans;

• (b) the realignment of the existing M3 Junction 9 / A33 splitter island at the location shown on sheet no. 7 of the works plans;

• (c) the realignment of the A34 southbound approach to the M3 Junction 9 gyratory at the location shown on sheet no. 7 of the works plans.

Work No. 23 – as shown on sheet nos. 6 and 7 of the works plans and being the construction realignment of the A34 northbound merge from M3 Junction 9 gyratory to the A34 northbound merge termination, being 372 metres in length, on embankment.

Work No. 24 – as shown on sheet no. 7 of the works plans and being the construction of a cycle track, being 490 metres in length including edgings, verges, wayfinding signage, bollards, tactile paving, horse mounting blocks, in cutting and associated structural elements, such works including—

• (a) the construction of a cycle track subway with associated lighting, being 22 metres in length, underneath the M3 Junction 9 gyratory at the location shown on sheet no. 7 of the works plans;

• (b) the construction of an island in cutting at the location shown on sheet no. 7 of the works plans;

• (c) the construction of pedestrian steps, being 17 metres in length, at the location shown on sheet no. 7 of the works plans;

• (d) the construction of a cycle track subway, being 28 metres in length, underneath the M3 Junction 9 gyratory at the location shown on sheet no. 7 of the works plans.

Work No. 25 – as shown on sheet no. 7 of the works plans and being the realignment of the Easton lane entry / exit from the M3 Junction 9 gyratory, such works including the realignment of the existing splitter island at the location shown on sheet no. 7 of the works plans.

Work No. 26 – as shown on sheet no. 7 of the works plans and being the diversion of 499 metres of telecommunication equipment.

Work No. 27 – as shown on sheet no. 7 of the works plans and being the construction of a new M3 Junction 9 gyratory northern overbridge.

Work No. 28 – as shown on sheet no. 7 of the works plans and being the construction of a new M3 Junction 9 gyratory southern overbridge.

Work No. 29 – as shown on sheet nos. 7 and 8 of the works plans and being the realignment construction of the existing M3 Junction 9 gyratory to tie into the new northern (Work No. 27) and southern (Work No. 28) overbridges and new tie ins to the existing M3 offslips and onslips.

Work No. 30 – as shown on sheet nos. 7 and 8 of the works plans and being the realignment of the M3 offslip from the M3 to the M3 Junction 9 gyratory, being 370 metres in length, on embankment.

Work No. 31 – as shown on sheet nos. 7 and 8 of the works plans and being the realignment and construction of the M3 southbound onslip from the M3 Junction 9 gyratory to the M3 merge, being 711 metres in length, such works including—

• (a) the construction of a retaining wall, being 147 metres in length, and associated earthworks and landscaping at the location shown on sheet no. 7 of the works plans;

• (b) the realignment lane reduction of the M3 southbound onslip and associated earthworks at the location shown on sheet no. 7 of the works plans.

Work No. 32 – as shown on sheet no. 7 of the works plans and being the realignment of the A272 approach to the M3 Junction 9 gyratory, being 417 metres in length, and associated earthworks, such works including—

• (a) the realignment of the existing splitter island at the location shown on sheet no. 7 of the works plans;

• (b) the widening of the existing A272 exit from the M3 Junction 9 gyratory, being 241 metres in length, and associated earthworks at the location shown on sheet no. 7 of the works plans;

• (c) the construction of a retaining wall, being 184 metres in length, and associated earthworks and landscaping at the location shown on sheet no. 7 of the works plans;

• (d) the construction of a retaining wall, being 92 metres in length, and associated earthworks and landscaping at the location shown on sheet no. 7 of the works plans.

Work No. 33 – as shown on sheet nos. 6 and 7 of the works plans and being the realignment of a bridleway featuring the national cycle route 23, being 277 metres in length, and associated earthworks and landscaping, such works including the construction of a bridleway (NCN23) subway with associated lighting, being 23 metres in length, underneath the M3 Junction 9 gyratory at the location shown on sheet 7 of the works plans.

Work No. 34 – as shown on sheet nos. 5 and 6 of the works plans and being the realignment of the A34 northbound carriageway, being 1024 metres in length.

Work No. 35 – as shown on sheet no. 4 of the works plans and being the diversion of 50 metres of power cables.

Work No. 36 – as shown on sheet no. 7 of the works plans and being the construction of a gantry including the installation of new gantry foundations, gantry structures, earthwork retaining structures, associated maintenance provision, signs sign illuminations, control cabinets and power.

Work No. 37 – as shown on sheet no. 8 of the works plans and being the construction of a gantry including the installation of new gantry foundations, gantry structures, associated maintenance provision, earthwork retaining structures, signs, sign illuminations, control cabinets, and power.

Work No. 38 – as shown on sheet nos. 6 and 7 of the works plans and being the construction of a temporary construction site compound situated on land to the east of the M3 Junction 9 gyratory.

Work No. 39 – as shown on sheet nos. 6 and 7 of the works plans and being the construction of the A34 southbound link to the M3 southbound, being 430 metres in length.

Work No. 40 – as shown on sheet no. 6 of the works plans, the construction of a new vehicular access and maintenance track to the infiltration and attenuation basin.

Work No. 41 – as shown on sheet no. 5 of the works plans and being the construction of a drainage outfall into the River Itchen.

Work No. 42 – as shown on sheet no. 5 of the works plans and being the construction of a drainage outfall into the River Itchen.

Work No. 43 – as shown on sheet no. 5 of the works plans and being the construction of a drainage outfall into the River Itchen.

Work No. 44 – as shown on sheet no. 6 of the works plans and being the construction of variable message sign gantry including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs sign illuminations, control cabinets and power.

Work No. 45 – as shown on sheet no. 6 of the works plans and being the construction of variable message sign gantry including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs sign illuminations, control cabinets and power.

Work No. 46 – as shown on sheet nos. 2 and 4 of the works plans and being the construction of variable message sign gantry including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs sign illuminations, control cabinets and power.

Work No. 47 – as shown on sheet no. 4 of the works plans and being the construction of variable message sign gantry including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs sign illuminations, control cabinets and power.

Work No. 48 – as shown on sheet no. 6 of the works plans and being the construction of a variable message sign layby including foundations, earthworks and vehicle restraint system.

Work No. 49 – as shown on sheet no. 7 of the works plans and being the construction of a temporary access from existing A272 to provide connectivity to the proposed temporary construction site compound (Work No. 38).

Work No. 50 – as shown on sheet no. 8 of the works plans and being the construction of a variable message sign gantry including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs, sign illuminations, control cabinets and power.

In connection with the construction of any of those works, further development within the Order limits which does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement consisting of—

• (a) works required for the strengthening, improvement, maintenance or reconstruction of any street;

• (b) the strengthening, alteration or demolition of any structure;

• (c) ramps, steps, means of access including private manes of access, non-motorised user routes or links, footpaths, footways, bridleways, cycle tracks, laybys and crossing facilities;

• (d) embankments, cuttings, bridges, abutments, foundations, retaining walls, barriers, parapets, drainage works, outfalls, ditches, wing walls, highway lighting, fencing and culverts;

• (e) works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, pipes, cables and ducts;

• (f) works to alter the course of, or otherwise interfere with a watercourse, including private water supplies;

• (g) landscaping, re-grading, re-profiling, contouring, works associated with the provision of ecological, landscape and archaeological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

• (h) works for the benefit or protection of land affected by the authorised development;

• (i) works to place, alter, remove or maintain road furniture;

• (j) site preparation works, site clearance (including fencing and other boundary treatments, vegetation removal, demolition of existing structures and the creation of alternative highways or footpaths); earthworks (including soil stripping and storage and site levelling), remediation of contamination;

• (k) the felling of trees and hedgerows;

• (l) establishment of site construction compounds and working sites, temporary structures, storage areas (including storage of excavated material and other materials), temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction related buildings, welfare facilities, office facilities, other ancillary accommodation, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences;

• (m) the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, street lighting, road restraints, road markings works, emergency roadside telephones, traffic management measure including temporary roads and such other works as are associated with the construction of the authorised development; and

• (n) such other works, working sites, storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of or for purposes associated with or ancillary to the construction, operation or maintenance of the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

• “commence” means beginning to carry out any material operation (as defined in section 56(4)⁸⁷ of the 1990 Act) forming part of the authorised development other than environmental surveys and monitoring, archaeological mitigation works, pre-construction ecological mitigation, investigations for the purpose of assessing and monitoring ground conditions and levels, remedial work in respect of any contamination or other adverse ground conditions, erection of temporary means of enclosure, receipt and erection of construction plant and equipment, diversion and laying of services and site clearance, construction of welfare facilities and temporary buildings, temporary display of site notices, information and advertisements, and establishment of construction compounds, and “commencement” is to be construed accordingly;

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

• “design principles report” means the document certified by the Secretary of State as the design principles report for the purposes of this Order;

• “DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;

• “drainage strategy” means the document certified by the Secretary of State as the Environmental Statement – Appendix 13.1 – Drainage Strategy Report (Parts 1 and 2 of 2) for the purposes of this Order;

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

• “environmental masterplan” means figure 2.3 in the document certified by the Secretary of State as “the Environmental Statement - Chapter 2 - The Scheme and its Surroundings - Figures (Part 2 of 4) for the purposes of this Order;

• “EMP (First Iteration)” means the plan certified by the Secretary of State as the First Iteration Environmental Management Plan for the purposes of this Order;

• “EMP (Second Iteration)” means the second iteration of the environmental management plan produced in accordance with the DMRB, which is to be a refined version of the EMP (First Iteration) including more detailed versions of the outline plans contained or listed within the EMP (First Iteration) or any other plans as required;

• “EMP (Third Iteration)” means the third iteration of the environmental management plan produced in accordance with the DMRB, which is a refined version of the EMP (Second Iteration) and which relates to the operational and maintenance phase of the authorised development;

• “European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017⁸⁸;

• “flood risk assessment” means the document certified by the Secretary of State as the flood risk assessment for the purposes of this Order;

• “lead local flood authority” means Hampshire County Council;

• “Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England, or any equivalent replacement published for that document;

• “Outline Landscape and Ecological Management Plan” means that plan certified by the Secretary of State as the Environmental Statement – Appendix 7.6 - Outline Landscape and Ecological Management Plan for the purposes of this Order;

• “outline traffic management plan” means the document certified by the Secretary of State as the outline traffic management plan for the purposes of this Order;

• “protected species” means species which are subject to protection under the laws of England or which are “European protected species”.

Time limits

2

The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Environmental Management Plan

3

• (1) No part of the authorised development is to commence until an EMP (Second Iteration) for that part, substantially in accordance with the EMP (First Iteration) has been submitted to and approved in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and local highway authority to the extent that the content of the EMP (Second Iteration) relates to matters relevant to their functions.

• (2) The EMP (Second Iteration) must—

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

• (b) incorporate the measures referred to in the environmental statement as being incorporated in the EMP (First Iteration);

• (c) require adherence to working hours of 07:00 to 19:00 on Mondays to Friday and 07:00 to 13:00 on Saturdays with no working hours on Sundays and public holidays, except for—

• (i) works requiring the full or partial closure of, or otherwise adversely affecting the operation of, the M3, A33, and A34 carriageway;

• (ii) works associated with the diversion or removal of existing utilities;

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

• (iv) works associated with tie-ins to existing carriageways;

• (v) any emergency works, or works required for engineering, safety, or efficiency purposes;

• (vi) any works for which different working hours have been agreed with parties who will or may be affected by those works and recorded in the approved EMP (Second Iteration), in which case the EMP (Second Iteration) must require adherence to those working hours; and

• (vii) as otherwise agreed by the relevant planning authority in advance.

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

• (4) Upon completion of construction of the authorised development the EMP (Second Iteration) must be converted into the EMP (Third Iteration). The EMP (Third Iteration) must be submitted to the Secretary of State for approval within 28 days of the opening of the authorised development for public use.

• (5) The authorised development must be operated and maintained in accordance with the EMP (Third Iteration) approved under paragraph (4).

Details of consultation

4

• (1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, the details submitted must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

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

• (3) The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so.

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

Landscaping

5

• (1) No part of the authorised development is to commence until a written landscaping scheme for that part has been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its functions, and the local highway authority.

• (2) The landscaping scheme prepared under sub-paragraph (1) must be based on the Outline Landscape and Ecological Management Plan, environmental masterplan, and EMP (First Iteration).

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

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

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

• (c) proposed finished ground levels;

• (d) hard surfacing materials;

• (e) details of existing trees to be retained, with measures for their protection during the construction period outlined within a Tree Protection Plan and Arboricultural Method Statement;

• (f) implementation and maintenance timetables for all landscaping works; and

• (g) landscaping works associated with the provision of any fences and walls.

Implementation and maintenance of landscaping

6

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

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

• (3) Any tree, shrub or chalk grassland planted as part of the landscaping scheme that, within a period of 10 years after planting, is removed, dies or becomes, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

• (4) The reference to any tree or shrub being “removed” in sub-paragraph (3) above does not apply to those trees or shrubs removed in accordance with any approved landscape maintenance works and timetable forming part of the landscaping scheme.

Fencing

7

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

Land and groundwater contamination

8

• (1) In the event that contaminated material, including impacted groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, the undertaker must cease construction of the authorised development in the vicinity of that contamination and must report it immediately in writing to the Secretary of State, the Environment Agency and the relevant planning authority, and in agreement with the Environment Agency and the relevant planning authority undertake a risk assessment of the contamination, and sub-paragraphs (2) and (3) will apply.

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

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

Archaeology

9

• (1) No part of the authorised development is to commence until for that part a written scheme of investigation, reflecting the mitigation measures included in the Archaeology and Heritage Mitigation Strategy prepared substantially in accordance with the Archaeology and Heritage Outline Mitigation Strategy appended to Chapter 6 of the environmental statement, with provision for sub-written schemes of investigation for each area and each phase (strip, map and sample, geoarchaeological investigation, watching brief) as required, has been prepared in consultation with the City Archaeologist and submitted to and approved in writing by the Secretary of State.

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

• (3) A programme of archaeological reporting, post excavation, archiving and publication undertaken in accordance with written schemes of investigation referred to in sub-paragraph (1) must be consulted upon with the City Archaeologist and implemented within a timescale discussed with the City Archaeologist and deposited with the Historic Environment Record of the relevant planning authority within an agreed time period.

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

• (a) retained in situ temporarily and reported to the City Archaeologist and Historic England as soon as reasonably practicable; and

• (b) subject to appropriate mitigation, including post-excavation process, as set out in the Archaeology and Heritage Mitigation Strategy and consulted upon with the City Archaeologist and Historic England.