The Sunnica Energy Farm Order 2024
- (4) Subject to any other provision in this Order, any difference or dispute arising under any provision of Schedule 12 (protective provisions) or article 15(6) (protective work to buildings) must, unless otherwise agreed in writing between the undertaker and the party in question, be referred to and settled in arbitration by a single arbitrator to be agreed upon by the parties within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.
Guarantees in respect of payment of compensation
42
- (1) The undertaker must not exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any land unless it has first put in place either—
- (a) a guarantee, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or
- (b) an alternative form of security, the form and amount of which has been approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2).
- (2) The provisions are—
- (a) article 17 (compulsory acquisition of land);
- (b) article 19 (compulsory acquisition of rights);
- (c) article 20 (private rights);
- (d) article 22 (acquisition of subsoil only);
- (e) article 23 (power to override easements and other rights);
- (f) article 25 (rights under or over streets);
- (g) article 26 (temporary use of land for constructing the authorised development);
- (h) article 27 (temporary use of land for maintaining the authorised development); and
- (i) article 28 (statutory undertakers).
- (3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation under this Order is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.
- (4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.
Traffic regulation measures
43
- (1) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road is situated in, the undertaker may, for the purposes of construction, maintenance and decommissioning of the authorised development—
- (a) make provision, in respect of those lengths of road specified in column 2 of Part 1 of Schedule 14 (traffic regulation measures) imposing the temporary speed limit mentioned in column 3 of that Part of that Schedule;
- (b) make provision, in respect of those lengths of road specified in column 2 of Part 2 of Schedule 14 (traffic regulation measures), as to the direction of travel of vehicular traffic as specified in column 3 of that Part of that Schedule;
- (c) make provision, in respect of those lengths of road specified in column 2 of Part 3 of Schedule 14 (traffic regulation measures) temporarily closing that road to the classes of road user specified in column 3 of that Part of that Schedule; and
- (d) make provision temporarily suspending in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by the undertaker under this paragraph.
- (2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road is situated, the undertaker may for the purposes of construction, maintenance and decommissioning of the authorised development, temporarily place traffic signs and signals in the extents of the road specified in column 2 of Part 4 of Schedule 14 (traffic regulation measures) and, subject to the consent of the traffic authority in whose area the road is situated, the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016[^f00047].
- (3) Subject to the provisions of this article and without limitation to the exercise of the powers conferred by paragraph (1), the undertaker may make temporary provision for the purposes of the construction, maintenance or decommissioning of the authorised development—
- (a) as to the speed at which vehicles may proceed along any road;
- (b) permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road;
- (c) as to prescribed routes for vehicular traffic or the direction or priority of vehicular traffic on any road;
- (d) permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road; and
- (e) suspending or amending in whole or in part any order made, or having effect as if made, under the 1984 Act.
- (4) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011[^f00048] when used in accordance with regulation 3(5) of those regulations.
- (5) Prior to any application for the consent of the traffic authority under paragraphs (1) and (2), the undertaker must carry out 21 days consultation with affected highway users by means of site notices and local newspaper advertisement circulating in the area in which- the traffic regulation measures are proposed and must include a consultation report presenting the results of that consultation as part of its application for consent.
- (6) Before exercising the power conferred by paragraph (3) the undertaker must—
- (a) consult the chief officer of police in whose area the road is situated; and
- (b) obtain the written consent of the traffic authority.
- (7) The undertaker must not exercise the powers conferred by paragraphs (1), (2) or (3) unless the undertaker has—
- (a) given not less than 4 weeks’ notice in writing to the chief officer of police in whose area the road is situated and to the traffic authority; and
- (b) not less than 7 days before the provision is to take effect, published the undertaker’s intention to make the provision in one or more newspapers circulating in the area in which any road to which the provision relates is situated.
- (8) Any provision made under the powers conferred by paragraphs (1) or (3) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (3).
- (a) must be made by written instrument in such form as the undertaker considers appropriate;
- (b) has effect as if duly made by the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify savings and exemptions to which the provision is subject; and
- (c) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act.
Crown Rights
44
- (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—
- (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 Her 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 acquisition of an interest in any Crown land (as defined in the 2008 Act) which is 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.
Enforcement, modification and discharge of the Deed of Obligation
45
- (1) The terms of the Deed of Obligation are enforceable by injunction.
- (2) An obligation in the Deed of Obligation may not be modified or discharged except—
- (a) by agreement between the undertaker and the beneficiary of the obligation, executed as a deed; or
- (b) further to a determination by the Secretary of State under this article.
- (3) The undertaker may, at any time after the expiry of the period of five years beginning with the date on which the Deed of Obligation was first entered into, apply to the Secretary of State for the obligation—
- (a) to have effect subject to such modifications as may be specified in the application; or
- (b) to be discharged, and must notify Suffolk County Council and Cambridgeshire County Council as soon as any such application is made.
- (4) An application under paragraph (3) for the modification of an obligation in the Deed of Obligation may not specify a modification imposing an obligation on any other person against whom the Deed of Obligation is enforceable.
- (5) Where an application is made to the Secretary of State under paragraph (3), the Secretary of State must consult Suffolk County Council and Cambridgeshire County Council and, taking into account their responses, may determine—
- (a) that the obligation must continue to have effect without modification;
- (b) if the obligation no longer serves a useful purpose, that it must be discharged; or
- (c) if the obligation continues to serve a useful purpose, but would serve that purpose equally well if it had effect subject to the modifications specified in the application, that it must have effect subject to those modifications,
and must give notice of their determination to the undertaker, Suffolk County Council and Cambridgeshire County Council within three months of the application and provide full reasons for the decision.
- (6) Where the Secretary of State determines under this article that an obligation has effect subject to modifications specified in the application, the obligation as modified must be enforceable as if it had been entered into on the date on which notice of the determination was given to the undertaker, Suffolk County Council and Cambridgeshire County Council or such other date as the Secretary of State may determine.
- (7) An application to the Secretary of State under paragraph (3) must include the following information—
- (a) the name and address of the undertaker;
- (b) sufficient information to enable identification of the obligation which the undertaker wishes to have modified or discharged;
- (c) the undertaker’s reasons for applying for the modification or discharge of that obligation; and
- (d) such other information as the Secretary of State considers necessary to enable them to determine the application.
- (8) Where it is proposed that Suffolk County Council or Cambridgeshire County Council is not to be a party to any deed entered into under paragraph (3)(a), the body not proposed to be a party must be provided with the information set out in paragraphs (7)(a) to (c), and be given not less than 21 days to make representations.
- (9) Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land) does not apply to an obligation in the Deed of Obligation.
- (10) In this article “undertaker” means the undertaker authorised to construct or operate numbered works 1 and 2, being the undertaker bound by the Deed of Obligation.
SCHEDULE 1 — AUTHORISED DEVELOPMENT
1
In this Schedule—
- “battery station” means a station comprising transformers, switchgear, power conversion system (PCS) or inverter, and other ancillary equipment with each component for each battery station either— located outside, with a concrete foundation slab or concrete piling for each of the inverters and transformers and a levelling layer of thick sand with a concrete perimeter pavement for the switchgear; or housed together within a container sitting on a concrete foundation slab or concrete piling;
- “East A Site” means land that forms part of the authorised development located south of Isleham in Cambridgeshire and Suffolk as shown on the works plans;
- “East B Site” means land that forms part of the authorised development located between Worlington and Freckenham in Suffolk as shown on the works plans;
- “energy storage” means equipment used for the storage of electrical energy;
- “existing substation” means the existing substation at Burwell, Weirs Drove, Burwell, Cambridge CB25 0BP, owned and operated by NGET;
- “inverter” means electrical equipment required to convert direct current power generated to alternating current;
- “mounting structure” means a frame or rack made of galvanised steel or other material designed to support the solar modules and mounted on piles driven into the ground by one of the following methods: piles rammed into a pre-drilled hole, a pillar attaching to a steel ground screw, pillars fixed to a concrete foundation, or a pillar set in concrete in a pre-made hole in the ground (micro piled);
- “permissive paths” means new access tracks providing restricted public access within the Order limits along the route shown in Annex A to the outline landscape and ecology management plan;
- “solar module” means a solar photovoltaic panel designed to convert solar irradiance to electrical energy fitted to mounting structures;
- “solar station” means a station comprising inverters, transformers and switchgear with each component for each solar station either— located outside, with a concrete foundation slab for each of the inverters, transformers and switchgear and a levelling layer of thick sand with a concrete perimeter pavement; or housed together within a container sitting on a concrete foundation slab and a levelling layer of thick sand with a concrete perimeter pavement;
- “substation” means a compound, containing electrical equipment required to switch, transform, convert electricity and provide reactive power compensation mounted on a reinforced foundation slab or piling;
- “switchgear” means a combination of electrical disconnect switches, fuses or circuit breakers used to control, protect and isolate electrical equipment;
- “transformer” means a structure containing an electrical device to transform electricity by increasing or reducing the voltage; and
- “West A Site” means the land that forms part of authorised development located within the southern fields of the Chippenham Park Estate bordering the A11 and A14 corridor in Cambridgeshire as shown on the works plans.
2
In the Districts of West Suffolk and East Cambridgeshire in the Counties of Cambridgeshire and Suffolk a nationally significant infrastructure project as defined in sections 14 and 15 of the 2008 Act and associated development under section 115(1)(b) of the 2008 Act.
SCHEDULE 2 — REQUIREMENTS
Interpretation
1
In this Schedule—
- “both relevant county authorities” means Cambridgeshire County Council and Suffolk County Council each being the relevant county authority for part of the authorised development;
- “both relevant planning authorities” means East Cambridgeshire District Council and West Suffolk Council each being the relevant planning authority for part of the authorised development; and
- “the offsetting habitat provision for stone curlews specification” means the specification of that name in annex F to the outline landscape and ecology management plan.
Commencement of the authorised development
2
The authorised development must not be commenced after the expiration of five years from the date this Order comes into force.
Phasing of the authorised development and date of final commissioning
3
- (1) No part of the authorised development may commence until a written scheme setting out the phase or phases of construction of the authorised development has been submitted to and approved by both relevant planning authorities.
- (2) The scheme submitted pursuant to sub-paragraph (1) must include a timetable for the construction of the phase or phases of the authorised development.
- (3) The scheme submitted and approved pursuant to sub-paragraph (1) must be implemented as approved and—
- (a) Work No. 2A may not be brought into commercial use without Work No. 1A also being brought into commercial use;
- (b) Work No. 2B may not be brought into commercial use without Work No. 1B also being brought into commercial use; and
- (c) Work No. 2C may not be brought into commercial use without Work No. 1C also being brought into commercial use.
- (4) In respect of the phase or phases, the undertaker must give notice to both relevant planning authorities within seven days of the date of final commissioning that final commissioning of the phase or, where there is more than one phase, each phase has taken place.
Requirement for written approval
4
Where any approval, agreement or confirmation is required under any requirement, that approval, agreement or confirmation must be provided in writing.
Approved details and amendments to them
5
- (1) With respect to the documents certified under article 37 (certification of plans and documents, etc.) and any plans, details or schemes which have been approved pursuant to any requirement (together the “approved documents, plans, details or schemes”), the undertaker may submit to the relevant county authority or relevant planning authority or both relevant county authorities or both relevant planning authorities (as applicable) for approval any amendments to any of the approved documents, plans, details or schemes and, following approval by the relevant county authority or relevant planning authority or both relevant county authorities or both relevant planning authorities (as applicable), the relevant approved documents, plans, details or schemes is to be taken to include the amendments as so approved pursuant to this paragraph.
- (2) Approval under sub-paragraph (1) for the amendments to any of the approved documents, plans, details or schemes must not be given except where it has been demonstrated to the satisfaction of the relevant county authority, the relevant planning authority or both relevant county authorities or both relevant planning authorities (as applicable) that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement.
Detailed design approval
6
- (1) No phase of the authorised development may commence until details of—
- (a) the layout;
- (b) scale;
- (c) proposed finished ground levels;
- (d) external appearance, including for Work No. 2, Work No. 3 and Work No. 8 how the appearance has sought to take account of the local landscape, or where this has not been possible, an explanation of why this has not been possible; but nothing in this sub-paragraph requires the undertaker to require products not currently available on the commercial market to be specifically produced for the authorised development;
- (e) hard surfacing materials;
- (f) vehicular and pedestrian access, parking and circulation areas;
- (g) refuse or other storage units, signs and lighting;
- (h) drainage, water, power and communications cables and pipelines;
- (i) how the design of that phase has taken account of either—
- (i) the arboricultural impact assessment; or
- (ii) for those trees that have not already been assessed in the arboricultural impact assessment, updated tree surveys for locations within that phase where arboricultural impacts are likely, such surveys to be carried out prior to the submission of these details and to be submitted as part of these details;
- (j) programme for landscaping works;
- (k) the pre-commencement condition survey of all public rights of way affected by haul road or cable route crossings has been completed in accordance with 5.2.11 of the framework construction traffic management plan and travel plan, and a reinstatement plan of the public rights of way surfaces and widths agreed;
- (l) how the design of that phase has taken account of predicted noise and vibration effects and mitigation proposed; and
- (m) the anti-reflective coating to be used on the solar modules in Work No. 1,
relating to that phase have been submitted and approved in writing by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.
- (2) The details submitted must accord with the design principles, the landscape and ecology management plan for the relevant phase approved under requirement 8 and the flood risk assessment.
- (3) The authorised development must be carried out in accordance with the approved details.
- (4) The details for Work No. 2 must accord with the approved battery fire safety management plan under requirement 7 and appendix 16D of the environmental statement.
Fire safety management
7
- (1) Work No. 2 must not commence until a battery fire safety management plan (“BFSMP”) has been submitted to and approved by both relevant county authorities.
- (2) The BFSMP must prescribe measures to facilitate safety during the construction, operation and decommissioning of Work No. 2 including the transportation of new, used and replacement battery cells both to and from the authorised development.
- (3) The BFSMP submitted under sub-paragraph (1) must be substantially in accordance with the outline battery fire safety management plan.
- (4) Both relevant county authorities must consult with the Cambridgeshire Fire and Rescue Service, the Suffolk Fire and Rescue Service and the Environment Agency before determining an application for approval of the BFSMP.
- (5) The BFSMP must be implemented as approved and maintained throughout the construction and operation of the authorised development.
Landscape and ecology management plan
8
- (1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising vegetation removal may start, until a written landscape and ecology management plan has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities, such approval to be in consultation with Natural England and Historic England.
- (2) The written landscape and ecology management plan submitted under sub-paragraph (1) must be substantially in accordance with the outline landscape and ecology management.
- (3) The landscape and ecological management plan must include details of—
- (a) how the plan will secure a minimum of 10% biodiversity net gain during the operation of the authorised development; and
- (b) how the landscaping and ecological measures will be managed and maintained during the operational life of the authorised development to the date on which the decommissioning environmental management plan is implemented pursuant to requirement 22 (decommissioning and restoration).
- (4) The landscape and ecology management plan must be implemented as approved and maintained throughout the construction and operation of the authorised development.
Implementation and maintenance of landscaping
9
All landscaping works must be carried out in accordance with the landscape and ecological management plan approved under requirement 8 (landscape and ecology management plan).
Stone curlew
10
- (1) No part of Work No. 10 may commence until an update of the offsetting habitat provision for stone curlews specification has been submitted to and approved by both relevant planning authorities, such approval to be in consultation with Natural England.
- (2) The specification submitted under sub-paragraph (1) must be substantially in accordance with the offsetting habitat provision for stone curlew specification.
- (3) No part of Work Nos. 1A, 1B, 2A, 2B, 3A, 3B, 6A, 6B, 7A, 7B, 8A and 8B may commence until the undertaker has provided the offsetting habitat provision for stone curlews in accordance with the update of the offsetting habitat provision for stone curlews specification.
- (4) The undertaker must maintain the offsetting habitat provision for stone curlews in accordance with the update of the offsetting habitat provision for stone curlews specification approved pursuant to sub-paragraph (1) throughout the construction and operation of the authorised development and during the carrying out of decommissioning works.
Fencing and other means of enclosure
11
- (1) No phase of the authorised development may commence until written details of all proposed temporary fences, walls or other means of enclosure, including those set out in the framework construction environmental management plan, for that phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.
- (2) No phase of the authorised development may commence until written details of all permanent fences, walls or other means of enclosure for that phase have been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.
- (3) For the purposes of requirement 11(1), “commence” includes any permitted preliminary works.
- (4) Any construction site must remain securely fenced in accordance with the approved details under paragraph 11(1) at all times during construction of the authorised development.
- (5) Any temporary fencing must be removed on completion of the phase of construction of the authorised development for which it was used.
- (6) Prior to the date of final commissioning of any phase, any permanent fencing, walls or other means of enclosure for that phase approved pursuant to sub-paragraph (2) must be completed and properly maintained for the operational lifetime of the part of the authorised development enclosed by the permanent fencing, walls or other means of enclosure.
Surface and foul water drainage
12
- (1) No phase of the authorised development may commence until details of the surface water drainage strategy (including the results of the infiltration testing) and (if any) foul water drainage system (including means of pollution control) for that phase have been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities such approval to be in consultation with both relevant planning authorities or the relevant planning authority (as applicable), the relevant internal drainage board and Anglian Water (in respect of its sewerage undertaker functions).
- (2) The surface water drainage strategy submitted under sub-paragraph (1) must be substantially in accordance with the drainage technical note and include details of bunded lagoons as required by the battery fire safety management plan approved pursuant to requirement 7.
- (3) Any strategy approved pursuant to sub-paragraph (1) must be implemented as approved and maintained throughout the construction and operation of the authorised development.
Archaeology
13
The authorised development must be carried out in accordance with the detailed archaeological mitigation strategy.
Construction environmental management plan
14
- (1) No phase of the authorised development may commence until a construction environmental management plan for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities, such approval to be in consultation with the relevant highway authority, Natural England and the Environment Agency.
- (2) The construction environmental management plan submitted under sub-paragraph (1) must be substantially in accordance with the framework construction environmental management plan.
- (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a construction resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.
- (4) For the purposes of requirement 14(1), “commence” includes any permitted preliminary works comprising above ground site preparation for temporary facilities for the use of contractors and site clearance (including vegetation removal, demolition of existing buildings and structures).
- (5) All construction works associated with the authorised development must be carried out in accordance with the approved construction environmental management plan.
Operational environmental management plan
15
- (1) Prior to the date of final commissioning for any phase, an operational environmental management plan for that phase must be submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities, such approval to be in consultation with the relevant highway authority, Natural England and the Environment Agency.
- (2) The operational environmental management plan submitted under sub-paragraph (1) must be substantially in accordance with the framework operational environmental management plan.
- (3) The operation of the authorised development must be carried out in accordance with the approved operational environmental management plan.
Construction traffic management plan and travel plan
16
- (1) No phase of the authorised development may commence until a construction traffic management plan and travel plan for that phase has been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.
- (2) The construction traffic management plan and travel plan submitted under sub-paragraph (1) must be substantially in accordance with the framework construction traffic management plan and travel plan.
- (3) The construction traffic management plan and travel plan must be implemented as approved and maintained until the date of final commissioning.
- (4) No part of the permitted preliminary works for each phase may start until a permitted preliminary works traffic management and access plan for the permitted preliminary works for that phase has been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.
- (5) The permitted preliminary works traffic management and access plan must be implemented as approved during construction.
Operational noise
17
- (1) No phase of the authorised development may commence until an operational noise assessment containing details of how the design of the authorised development has incorporated mitigation to ensure the operational noise rating levels as set out in the environmental statement are to be complied with for that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.
- (2) The design as described in the operational noise assessment must be implemented as approved throughout construction and maintained during the operation of the authorised development.
Ground conditions
18
- (1) No phase of the authorised development may commence, and no part of the permitted preliminary works for that phase comprising demolition of existing structures, environmental surveys, geotechnical surveys and other investigations for the purpose of assessing ground conditions only may start, until a written strategy in relation to the identification and remediation of any risks associated with contamination for that phase has been submitted to and approved by the relevant planning authority or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities. The written strategy must include geo-environmental investigations which must be designed with due consideration of the requirements of BS 10175:2011: +A2 2017: Investigation of Potentially Contaminated Sites – Codes of Practice (BSI).
- (2) If, during the carrying out of the authorised development, contamination not previously identified is found to be present no further development (unless otherwise agreed in writing with the relevant planning authority) may be carried out on the areas on which the contamination has been found until a remediation strategy detailing how such contamination must be dealt with has been submitted to and approved by the relevant planning authority.
- (a) include a site investigation scheme, based on the preliminary risk assessment set out in chapter 16 of the environmental statement and providing details of the detailed risk assessment to be carried out for the receptors on or in the vicinity of the Order limits that may be affected by the authorised development;
- (b) set out how the outcomes of the site investigation scheme and detailed risk assessment carried out pursuant to paragraph (a) will be reported, and provide for the submission and approval by the relevant planning authority or both relevant planning authorities of an options appraisal and remediation strategy based on such outcomes and providing details of any remediation measures required and how they are to be carried out; and
- (c) include a verification plan identifying the data to be collected in order to demonstrate that the remediation measures set out in the options appraisal and remediation strategy prepared pursuant to paragraph (b) have been completed and are effective, and any requirement for long term monitoring of pollutant linkages, maintenance or arrangements for contingency action.
- (4) The authorised development must be carried out in accordance with the strategies approved pursuant to sub-paragraph (1) and any remediation strategy approved pursuant to sub-paragraph (2).
Water management plan
19
- (1) No phase of the authorised development may commence until a water management plan for the construction of that phase has been submitted to and approved by the relevant county authority for that phase or, where the phase falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities, such approval to be in consultation with both relevant planning authorities or the relevant planning authority (as applicable) and the relevant internal drainage board. The water management plan must include—
- (a) details as to the management of water use and discharge during construction;
- (b) measures to manage surface water runoff during construction;
- (c) details as to the drainage system during construction;
- (d) details of water quality monitoring during construction;
- (e) a spill plan and details for pollution prevention including details on the training and tool box talks; and
- (f) roles and responsibilities.
- (2) The water management plan must be implemented as approved and maintained throughout the construction of the authorised development.
Skills, supply chain and employment
20
- (1) No phase of the authorised development may commence until a skills, supply chain and employment plan in relation to that phase has been submitted to and approved by the relevant planning authority for that phase or, where the phase falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire, both relevant planning authorities.
- (2) The skills, supply chain and employment plan submitted under sub-paragraph (1) must be substantially in accordance with the outline skills, supply chain and employment plan.
- (3) The skills, supply chain and employment plan must identify opportunities for individuals and businesses to access employment and supply chain opportunities associated with the construction, operation and maintenance of the authorised development, and the means for publicising such opportunities.
- (4) The skills, supply chain and employment plan must be implemented as approved and maintained throughout the construction and operation of the authorised development and during the carrying out of decommissioning works.
Permissive paths
21
- (1) Prior to the construction of the permissive paths, the undertaker must submit the permissive path details to the relevant planning authority for approval, such details to cover—
- (a) final routing of each permissive path to be provided, such routing to be substantially in accordance with the routing as shown on the plans contained within the outline landscape and ecological management plan;
- (b) the specification of each permissive path; and
- (c) the maintenance regime for each permissive path.
- (2) Where a phase of the authorised development includes a permissive path or paths, the permissive path or paths must be provided and open to the public prior to the date of final commissioning in respect of that phase.
- (3) The permissive paths must be provided and maintained by the undertaker in accordance with the permissive path details and retained until the part of the authorised development in which the permissive path is located is decommissioned pursuant to requirement 22.
Decommissioning and restoration
22
- (1) Within 12 months of the date that the undertaker decides to decommission any part of the authorised development, or no later than 6 months before the 40th anniversary of the date of final commissioning, whichever is the earlier, the undertaker must submit to the relevant planning authority for that part (or both relevant planning authorities where that part falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire) for approval a decommissioning environmental management plan for that part. Decommissioning will commence no later than 40 years following the date of final commissioning.
- (2) The decommissioning environmental management plan submitted under sub-paragraph (1) must be substantially in accordance with the relevant part of the framework decommissioning environmental management plan.
- (3) The plan submitted and approved pursuant to sub-paragraph (1) must include a resource management plan that includes details of proposals to minimise the use of natural resources and unnecessary materials.
- (4) No decommissioning works must be carried out until the relevant planning authority or both relevant planning authorities (as applicable) has or have approved the plan submitted under sub-paragraph (1) in relation to such works.
- (5) The plan submitted and approved pursuant to sub-paragraph (1) must be implemented as approved.
- (6) Within 28 days of ceasing operations at any part of the authorised development the undertaker must notify the relevant planning authority (or both relevant planning authorities where that part falls within the administrative areas of both the District of West Suffolk and the District of East Cambridgeshire) in writing of the date it ceased operations for that part.
- (7) This requirement is without prejudice to any other consents or permissions which may be required to decommission any part of the authorised development.
Crash site exclusion area
23
- (1) No part of the authorised development may take place within the crash site exclusion area.
- (2) Work No. 1A must not commence until the undertaker has confirmed to Cambridgeshire County Council that either—
- (a) a licence under the Protection of Military Remains Act 1986 has been obtained in respect of the carrying out of Work No. 1A within the potential expanded crash site exclusion area; or
- (b) a licence under the Protection of Military Remains Act 1986 has not been obtained in respect of the carrying out of Work No. 1A and that therefore no part of the authorised development will take place within the potential expanded crash site exclusion area.
- (3) If the undertaker makes a confirmation under sub-paragraph (2)(b) then no part of the authorised development is to take place within the potential expanded crash site exclusion area.
- (4) The date of final commissioning of Work No. 1A must not take place until a bomber crash site interpretation scheme has been submitted to and approved by Cambridgeshire County Council, in consultation with Isleham Parish Council, and the undertaker has carried out the bomber crash site interpretation scheme.
- (5) For the purposes of this paragraph ‘bomber crash site interpretation scheme’ means a scheme which—
- (a) sets out the location, design and content of an interpretation board and commemorative plaque relating to the history of the bomber crash that took place within the limits of deviation of Work No. 1A in October 1949; and
- (b) includes an explanation of how the scheme will work with and be consistent with the detailed landscape and ecology management plan that has been approved pursuant to requirement 8 in respect of a phase of the authorised development that includes Work No. 1A.
Public rights of way
24
- (1) The undertaker must not exercise the power conferred by article 11(1) and 11(3) (temporary closure of public rights of way) of this Order in relation to a public right of way until the scope of the pre-commencement condition surveys for the extents of that public right of way have been submitted to and approved by the relevant county authority, or where the extents of the relevant public right of way falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.
- (2) The condition survey must be carried out substantially in accordance with the scope approved pursuant to sub-paragraph (1) and the outcomes of the survey must be submitted to the relevant county authority, or where the relevant public right of way falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.
- (3) The undertaker must not exercise the powers conferred by article 11(1) and 11(3) (temporary closure of public rights of way) of this Order until a scope of the reinstatement plan for the extents of the public rights of way in relation to which the undertaker proposes to exercise the powers conferred by article 11(1) or 11(3) within the pre-commencement surveys approved pursuant to sub-paragraph (1) and a timeline for the reinstatement works has been submitted to and approved by the relevant county authority, or where the extents of the relevant public right of way in relation to which the undertaker proposes to exercise the powers conferred by article 11(1) or 11(3) falls within the administrative areas of both the county of Suffolk and the county of Cambridgeshire, both relevant county authorities.
SCHEDULE 3 — LEGISLATION TO BE DISAPPLIED
1
The following provisions do not apply in so far as they relate to the construction of any numbered work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation, maintenance or decommissioning of the authorised development and so far as the provisions still in force are incompatible with the powers contained within this Order—
- (a) Bedford Level Act 1663[^f00049];
- (b) Hundred Foot River and Ouse: Bedford Level Act 1756[^f00050];
- (c) Bedford Level: Drainage Act 1757[^f00051];
- (d) Isle of Ely, Suffolk, Norfolk Drainage Act 1759[^f00052];
- (e) Bedford Level Act 1789[^f00053];
- (f) Bedford Level (Cam, Ouse and Mildenhall Rivers) Drainage Act 1800[^f00054];
- (g) Bedford Level (Mildenhall River) Drainage Act 1807[^f00055];
- (h) Isle of Ely (Mildenhall River) Drainage Act 1807[^f00056];
- (i) Bedford Level Drainage and Ouse Navigation Act 1819[^f00057];
- (j) Fen Drainage Act 1823[^f00058];
- (k) Bedford Level Drainage Act 1827[^f00059];
- (l) Norfolk Drainage Act 1834[^f00060];
- (m) Burwell Drainage and Lodes Navigation Act 1841[^f00061];
- (n) Fen Lands Drainage Act 1843[^f00062]
- (o) South Level and Eau Brink Act 1893[^f00063];
- (p) Canal Tolls and Charges (Burwell Fen &c.) Order Confirmation Act 1896[^f00064];
- (q) River Great Ouse (Flood Protection) Act 1949[^f00065];
- (r) Ely Ouse-Essex Water Act 1968[^f00066];
- (s) Anglian Water Authority Act 1977[^f00067]; and
- (t) Swaffham Internal Drainage Board Byelaws.
SCHEDULE 4 — STREETS SUBJECT TO STREET WORKS
Interpretation
1
In this Schedule “cable works” means works to place, retain and maintain underground electrical and communications apparatus.
| (1) District | (2) Street | (3) Description of the street works |
|---|---|---|
| West Suffolk District | Beck Road | Cable works beneath the width of the highway for the length shown in purple on sheet 4 of the access and rights of way plans, reference SW-1. |
| West Suffolk District | Ferry Lane | Cable works beneath the width of the highway for the length shown in purple on sheet 4 of the access and rights of way plans, reference SW-2. |
| West Suffolk District | Freckenham Road | Cable works beneath the width of the highway for the length shown in purple on sheets 4 and 5 of the access and rights of way plans, reference SW-3. |
| West Suffolk District | U6006 | Cable works beneath the width of the highway for the length shown in purple on sheet 5 of the access and rights of way plans, reference SW-4. |
| West Suffolk District | U6006 | Cable works beneath the width of the highway for the length shown in purple on sheet 5 of the access and rights of way plans, reference SW-5. |
| West Suffolk District | Newmarket Road | Cable works beneath the width of the highway for the length shown in purple on sheet 6 of the access and rights of way plans, reference SW-6. |
| West Suffolk District | Elms Road | Cable works beneath the width of the highway for the length show in purple on sheet 7 of the access and rights of way plans, reference SW-7. |
| West Suffolk District | W-257/003/0 | Cable works beneath the width of the highway for the length shown in purple on sheet 8 of the access and rights of way plans, reference SW-8. |
| East Cambridgeshire District | 49/7 | Cable works beneath the width of the highway for the length shown in purple on sheet 8 of the access and rights of way plans, reference SW-9. |
| East Cambridgeshire District | B1085 | Cable works beneath the width of the highway for the length shown in purple on sheet 9 of the access and rights of way plans, reference SW-10. |
| East Cambridgeshire District | A11 | Cable works beneath the width of the highway for the length shown in purple on sheet 10 of the access and rights of way plans, reference SW-13. |
| East Cambridgeshire District | A11 | Cable works beneath the width of the highway for the length shown in purple on sheets 10 and 11 of the access and rights of way plans, reference SW-14. |
| East Cambridgeshire District | La Hogue Road | Cable works beneath the width of the highway for the length shown in purple on sheets 10 and 11 of the access and rights of way plans, reference SW-12. |
| East Cambridgeshire District | La Hogue Road | Cable works beneath the width of the highway for the length shown in purple on sheet 11 of the access and rights of way plans, reference SW-11. |
| East Cambridgeshire District | Chippenham Road | Cable works beneath the width of the highway for the length shown in purple on sheet 14 of the access and rights of way plans, reference SW-15. |
| East Cambridgeshire District | 204/1 | Cable works beneath the width of the highway for the length shown in purple on sheet 15 of the access and rights of way plans, reference SW-16. |
| East Cambridgeshire District | Newmarket Road | Cable works beneath the width of the highway for the length shown in purple on sheet 16 of the access and rights of way plans, reference SW-17. |
| East Cambridgeshire District | A142 | Cable works beneath the width of the highway within Order limits, including its roundabout junction with Newmarket Road, for the length shown in purple on sheet 16 of the access and rights of way plans, reference SW-18. |
| East Cambridgeshire District | 92/19 | Cable works beneath the width of the highway for the length shown in purple on sheet 16 of the access and rights of way plans, reference SW-19. |
| East Cambridgeshire District | 92/19 | Cable works beneath the width of the highway for the length shown in purple on sheet 16 of the access and rights of way plans, reference SW-20. |
| East Cambridgeshire District | Ness Road | Cable works beneath the width of the highway for the length shown in purple on sheets 17 and 18 of the access and rights of way plans, reference SW-21. |
| East Cambridgeshire District | Broads Road | Cable works beneath the width of the highway for the length shown in purple on sheet 18 of the access and rights of way plans, reference SW-22. |
| East Cambridgeshire District | First Drove and 35/10 | Cable works beneath the width of the boundary the highway for the length shown in purple on sheet 18 of the access and rights of way plans, reference SW-23. |
| East Cambridgeshire District | 35/11 | Cable works beneath the width of the highway for the length shown in purple on sheet 18 of the access and rights of way plans, reference SW-24. |
| East Cambridgeshire District | Little Fen Drove | Cable works beneath the width of the highway for the length shown in purple on sheet 19 of the access and rights of way plans, reference SW-25. |
| East Cambridgeshire District | 35/6 | Cable works beneath the width of the highway for the length shown in purple on sheet 19 of the access and rights of way plans, reference SW-26. |
| East Cambridgeshire District | 35/7 | Cable works beneath the width of the highway for the length shown in purple on sheets 19 and 20 of the access and rights of way plans, reference SW-27. |
| East Cambridgeshire District | Newnham Drove | Cable works beneath the width of the highway for the length shown in purple on sheet 20 of the access and rights of way plans, reference SW-28. |
| East Cambridgeshire District | Weirs Drove | Cable works beneath the width of the highway for the length shown in purple on sheet 20 of the access and rights of plans, reference SW-29. |
SCHEDULE 5 — ALTERATION OF STREETS
PART 1 — PERMANENT ALTERATION OF LAYOUT
| (1) District | (2) Street name and maintenance | (3) Description of alteration |
|---|---|---|
| West Suffolk District | C603 Freckenham Road (part publicly maintained part privately maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheets 1 and 4 of the access and rights of way plans, reference AS-4. |
| West Suffolk District and East Cambridgeshire District | Beck Road (publicly maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheets 2 and 3 of the access and rights of way plans, reference AS-1. |
| West Suffolk District | Beck Road (publicly maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheets 2 and 3 of the access and rights of way plans, reference AS-2. |
| West Suffolk District | Beck Road (publicly maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheets 3 and 4 of the access and rights of way plans, reference AS-3. |
| West Suffolk District | U6006 (publicly maintained) | Works for the provision of a permanent crossing of the U6006 within the area shown hatched orange on the sheet 5 of the access and rights of way plans, reference AS-8. |
| West Suffolk District | U6006 (publicly maintained) | Works for the provision of a permanent crossing of the U6006 within the area shown hatched orange on sheet 5 of the access and rights of way plans, reference AS-9 |
| West Suffolk District | Newmarket Road (publicly maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheet 6 of the access and rights of way plans, reference AS-10 |
| West Suffolk District | Elms Road (part publicly maintained part privately maintained) | Works for the provision of two permanent means of access to the authorised development and for the widening of Elms Road within the area shown hatched orange on sheet 7 of the access and rights of way plans, reference AS-13. |
| West Suffolk District | Elms Road (part publicly maintained part privately maintained) | Works for the provision of a permanent means of access to the authorised development and for the widening of Elms Road within the area shown hatched orange on sheet 7 of the access and rights of way plans, reference AS-14. |
| East Cambridgeshire District | Dane Hill Road (part publicly maintained part privately maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheet 10 of the access and rights of way plans, reference AS-17. |
| East Cambridgeshire District | La Hogue Road (part publicly maintained part privately maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheets 11 and 12 of the access and rights of way plans, reference AS-19. |
| East Cambridgeshire District | Chippenham Road (publicly maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheet 14 of the access and rights of way plans, reference AS-21. |
| East Cambridgeshire District | Newnham Drove (publicly maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheet 20 of the access and rights of way plans, reference AS-34. |
| East Cambridgeshire District | Weirs Drove (publicly maintained) | Works for the provision of a permanent means of access to the authorised development within the area shown hatched orange on sheet 20 of the access and rights of way plans, reference AS-35. |
PART 2 — TEMPORARY ALTERATION OF LAYOUT
| (1) District | (2) Street | (3) Description of alteration |
|---|---|---|
| West Suffolk District | Junction of Freckenham Road and Beck Road (publicly maintained) | Works to enable the passage to the authorised development of abnormal indivisible loads, including the temporary removal of street signs and street furniture, within the area shown hatched orange on sheet 4 of the access and rights of way plans, reference AS-5. |
| West Suffolk District | Isleham Road (publicly maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheet 4 of the access and rights of way plans, reference AS-6. |
| West Suffolk District | B1102 Freckenham Road (publicly maintained) | Works for the provision of two temporary means of access to the authorised development within the area shown hatched orange on sheets 4 and 5 of the access and rights of way plans, reference AS-7. |
| West Suffolk District | Newmarket Road (publicly maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheet 6 of the access and rights of way plans, reference AS-10. |
| West Suffolk District | Newmarket Road (part publicly maintained part privately maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheet 6 of the access and rights of way plans, reference AS-11. |
| West Suffolk District | A11 (publicly maintained) | Works to enable the passage to the authorised development of abnormal indivisible loads, including the temporary removal of street signs and street furniture, within the area shown hatched orange on sheet 6 of the rights of way and access plans, reference AS-12. |
| West Suffolk District | Junction of A11 and Elms Road (publicly maintained) | Works to enable the passage to the authorised development of abnormal indivisible loads, including the temporary removal of streets signs and street furniture, within the area shown hatched orange on sheet 7 of the access and rights of way plans, reference AS-15. |
| East Cambridgeshire District | B1085 (part publicly maintained part privately maintained) | Works for the provision of two temporary means of access to the authorised development within the area shown hatched orange on sheet 9 of the access and rights of way plans, reference AS-16. |
| East Cambridgeshire District | La Hogue Road (publicly maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheet 11 of the access and rights of way plans, reference AS-18. |
| East Cambridgeshire District | A11 (publicly maintained) | Works to enable the passage to the authorised development of abnormal indivisible loads, including the temporary removal of streets signs and street furniture, within the area shown hatched orange on sheet 10 of the access and rights of way plans, reference AS-20. |
| East Cambridgeshire District | Chippenham Road (part publicly maintained part privately maintained) | Works for the provision of two temporary means of access to the authorised development within the area shown hatched orange on sheet 14 of the access and rights of way plans, reference AS-22. |
| East Cambridgeshire District | Newmarket Road (publicly maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheet 16 of the access and rights of way plans, reference AS-25. |
| East Cambridgeshire District | A142 (publicly maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheet 16 of the access and rights of way plans, reference AS-26. |
| East Cambridgeshire District and West Suffolk District | Private access (privately maintained) | Works for the provision of access to, and within, the authorised development within the area shown hatched orange on sheets 16 and 17 of the access and rights of way plans, reference AS-27. |
| East Cambridgeshire District | Ness Road (publicly maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheets 17 and 18 of the access and rights of way plans, reference AS-28. |
| East Cambridgeshire District | Ness Road (publicly maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheets 17 and 18 of the access and rights of way plans, reference AS-29. |
| East Cambridgeshire District | Broads Road (publicly maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheet 18 of the access and rights of way plans, reference AS-30. |
| East Cambridgeshire District | First Drove (privately maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheet 18 of the access and rights of way plans, reference AS-31. |
| East Cambridgeshire District | Little Fen Drove (publicly maintained) | Works for the provision of two temporary means of access to the authorised development within the area shown hatched orange on sheet 19 of the access and rights of way plans, reference AS-32. |
| East Cambridgeshire District | Weirs Drove (privately maintained) | Works for the provision of a temporary means of access to the authorised development within the area shown hatched orange on sheets 19 and 20 of the access and rights of way plans, reference AS-33. |
| West Suffolk District | Junction of B1102 and Church Lane (publicly maintained) | Works to enable the passage to the authorised development of abnormal indivisible loads, including the temporary removal of street signs and street furniture, within the area shown hatched orange on sheet 21 of the access and rights of way plans, reference AS-36. |
| West Suffolk District | Junction of B1102 Mildenhall Road and Ferry Lane (part publicly maintained part privately maintained) | Works to enable the passage to the authorised development of abnormal indivisible loads, including the temporary removal of streets signs and street furniture, within the area shown hatched orange on sheet 21 of the access and rights of way plans, reference AS-37. |
| East Cambridgeshire District | Junction of B1085 High Street and B1104 (publicly maintained) | Works to enable the passage to the authorised development of abnormal indivisible loads including the temporary removal of street signs and street furniture, within the area shown hatched orange on sheet 22 of the access and rights of way plans, reference AS-38. |
SCHEDULE 6 — PUBLIC RIGHTS OF WAY
PART 1 — PUBLIC RIGHTS OF WAY TO BE TEMPORARILY CLOSED
| (1) District | (2) Public right of way | (3) Measure |
|---|---|---|
| East Cambridgeshire District | 35/10 From the point shown as reference PRoWC1A on sheet 3 of the traffic regulation measures plans – temporary road closures, for a distance of 90 metres in a generally north-westerly direction to the point shown as reference PRoWC1B on sheet 3 of the traffic regulation measures plans – temporary road closures. | Temporarily closed to all traffic save for traffic under the direction of the undertaker. |
| East Cambridgeshire District | 92/19 From the point shown as reference PRoWC2A on sheet 4 of the traffic regulation measures plans – temporary road closures, for a distance of 215 metres in a generally southerly direction to the point shown as reference PRoWC2B on sheet 4 of the traffic regulation measures plans – temporary road closures. | Temporarily closed to all traffic save for traffic under the direction of the undertaker. |
| East Cambridgeshire District | 204/1 From the point shown as reference PRoWC3A on sheet 5 of the traffic regulation measures plans – temporary road closures, for a distance of 125 metres in a generally north-easterly direction to the point shown as reference PRoWC3B on sheet 5 of the traffic regulation measures plans – temporary road closures. | Temporarily closed to all traffic save for traffic under the direction of the undertaker. |
| East Cambridgeshire District | 49/7 From the point shown as reference PRoWC4A on sheet 11 of the traffic regulation measures plans – temporary road closures, for a distance of 115 metres in a generally north-westerly direction to the point shown as reference PRoWC4B on sheet 11 of the traffic regulation measures plans – temporary road closures. | Temporarily closed to all traffic save for traffic under the direction of the undertaker. |
| West Suffolk District | W-257/003/0 From the point shown as reference PRoWC5A on sheet 12 of the traffic regulation measures plans – temporary road closures, for a distance of 115 metres in a generally north-westerly direction to the point shown as reference PRoWC5B, on sheet 12 of the traffic regulation measures plans – temporary road closures. | Temporarily closed to all traffic save for traffic under the direction of the undertaker. |
| East Cambridgeshire District | W-257/007/0, W-257/002/X, W-257/002/0 From the point shown as reference ProWC6A on sheet 20 of the traffic regulation measures plans – temporary road closures, for a distance of 505 metres in a generally southerly direction to the point shown as reference PRoWC6B on sheet 20 of the traffic regulation measures plans – temporary road closures. | Temporarily closed to all traffic save for traffic under the direction of the undertaker. |
PART 2 — TEMPORARY USE OF MOTOR VEHICLES ON PUBLIC RIGHTS OF WAY
| (1) District | (2) Road name, number and length | (3) Measure |
|---|---|---|
| West Suffolk District | W-257/007/0 Between the points marked MV1A- and MV2-A on sheets 2 and 3 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
| West Suffolk District | W-257/002/X Between the points marked MV2-A and MV2-B on sheets 2 and 3 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
| West Suffolk District | W-257/003/0 Between the points marked MV3-A and MV3-B on sheet 8 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
| East Cambridgeshire District | 49/7 Between the points marked MV-4A and MV4-B on sheet 8 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
| East Cambridgeshire District | 204/1 Between the points marked MV5-A and MV5-B on sheet 15 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
| East Cambridgeshire District | 92/19 Between the points marked MV6-A and MV6-B on sheet 16 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
| East Cambridgeshire District | 35/10 Between the points marked MV7-A and MV7-B on sheet 18 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
| East Cambridgeshire District | 35/11 Between the points marked MV8-A and MV8-B on sheet 18 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
| East Cambridgeshire District | 35/6 Between the points marked MV9-A and MV9-B on sheets 19 and 20 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
| East Cambridgeshire District | 35/7 Between the points marked MV10-A and MV10-B on sheets 19 and 20 of the access and rights of way plans. | Motor vehicles under the direction of the undertaker may cross the public right of way. |
SCHEDULE 7 — ACCESS TO WORKS
PART 1 — PERMANENT MEANS OF ACCESS TO WORKS
| (1) District | (2) Street | (3) Description of means of access |
|---|---|---|
| West Suffolk District | Ferry Lane | The provision of a permanent means of access to the authorised development from the western side of Ferry Lane between the points marked SE-E1 and SE-E2 on sheets 1 and 2 of the access and rights of way plans. |
| West Suffolk District and East Cambridgeshire District | Beck Road | The provision of a permanent means of access to the authorised development from the northern side of Beck Road between the points marked SE-F1 and SE-F2 on sheets 2 and 3 of the access and rights of way plans. |
| West Suffolk District | Beck Road | The provision of a permanent means of access to the authorised development from the southern side of Beck Road between the points marked SE-G1 and SE-G2 on sheets 2 and 3 of the access and rights of way plans. |
| West Suffolk District | Beck Road | The provision of a permanent means of access to the authorised development from the northern side of Beck Road between the points marked SE-K1 and SE-K2 on sheets 3 and 4 of the access and rights of way plans. |
| West Suffolk District | Newmarket Road | The provision of a permanent means of access to the authorised development from the western side of Newmarket Road between the points marked SE-D1 and SE-D2 on sheet 6 of the access and rights of way plans. |
| West Suffolk District | Golf Links Road | The provision of a permanent means of access to the authorised development from the southern side of Golf Links Road between the points marked SE-J1 and SE-J2 on sheet 6 of the access and rights of way plans. |
| West Suffolk District | Elms Road | The provision of a permanent means of access to the authorised development from the northern side of Elms Road between the points marked SE-C1 and SE-C2 on sheet 7 of the access and rights of way plans. |
| West Suffolk District | Elms Road | The provision of a permanent means of access to the authorised development from the southern side of Elms Road between the points marked SE-B1 and SE-B2 on sheet 7 of the access and rights of way plans. |
| West Suffolk District | Elms Road | The provision of a permanent means of access to the authorised development from the northern side of Elms Road between the points marked SE-A1 and SE-A2 on sheet 7 of the access and rights of way plans. |
| East Cambridgeshire District | Dane Hill Road | The provision of a permanent means of access to the authorised development from the southern side of Dane Hill Road between the points marked SW-C1 and SW-C2 on sheet 10 of the access and rights of way plans. |
| East Cambridgeshire District | La Hogue Road | The provision of a permanent means of access to the authorised development from the western side of La Hogue Road between the points marked SW-A1 and SW-A2 on sheet 11 of the access and rights of way plans. |
| East Cambridgeshire District | Chippenham Road | The provision of a permanent means of access to the authorised development from the southern side of Chippenham between the points marked SW-B1 and SW-B2 on sheet 14 of the access and rights of way plans. |
| East Cambridgeshire District | Weirs Drove | The provision of a permanent means of access to the authorised development from the northern side of Weirs Drove between the points marked CR-A1 and CR-A2 on sheet 20 of the access and rights of way plans. |
| East Cambridgeshire District | Newnham Drove | The provision of a permanent means of access to the authorised development from the northern side of Newnham Drove between the points marked CR-B1 and CR-B2 on sheet 20 of the access and rights of way plans. |
PART 2 — TEMPORARY MEANS OF ACCESS TO WORKS
| (1) District | (2) Street | (3) Description of means of access |
|---|---|---|
| West Suffolk District | Isleham Road | The provision of a temporary means of access to the authorised development from the southern side of Isleham Road between the points marked CR-T1 and CR-T2 on sheet 4 of the access and rights of way plans. |
| West Suffolk District | B1102 | The provision of a temporary means of access to the authorised development from the northern side of B1102 between the points marked CR-S1 and CR-S2 on sheets 4 and 5 of the access and rights of way plans. |
| West Suffolk District | B1102 | The provision of a temporary means of access to the authorised development from the southern side of B1102 between the points marked CR-R1 and CR-R2 on sheets 4 and 5 of the access and rights of way plans. |
| West Suffolk District | Newmarket Road | The provision of a temporary means of access to the authorised development from the eastern side of Newmarket Road between the points marked SE-H1 and SE-H2 on sheet 6 of the access and rights of way plans. |
| West Suffolk District | Newmarket Road | The provision of a temporary means of access to the authorised development from the western side of Newmarket Road between the points marked SE-I1 and SE-I2 on sheet 6 of the access and rights of way plans. |
| East Cambridgeshire District | B1085 | The provision of a temporary means of access to the authorised development from the southern side of B1085 between the points marked CR-P1 and CR-P2 on sheets 9 and 11 of the access and rights of way plans. |
| East Cambridgeshire District | B1085 | The provision of a temporary means of access to the authorised development from the northern side of B1085 between the points of marked CR-Q1 and CR-Q2 on sheet 9 of the access and rights of way plans. |
| East Cambridgeshire District | La Hogue Road | The provision of a temporary means of access to the authorised development from the eastern side of La Hogue Road between the points marked CR-O1 and CR-O2 on sheet 11 of the access and rights of way plans. |
| East Cambridgeshire District | Chippenham Road | The provision of a temporary means of access to the authorised development from the northern side of the Chippenham Road between the points marked CR-M1 and CR-M2 on sheet 14 of the access and rights of way plans. |
| East Cambridgeshire District | Chippenham Road | The provision of a temporary means of access to the authorised development from the southern side of Chippenham Road between the points marked CR-N1 and CR-N2 on sheet 14 of the access and rights of way plans. |
| East Cambridgeshire District | A142 | The provision of a temporary means of access to the authorised development from the northern side of A142 between the points marked CR-J1 and CR-J2 on sheet 16 of the access and rights of way plans. |
| East Cambridgeshire District | Newmarket Road | The provision of a temporary means of access to the authorised development from the eastern side of Newmarket Road between the points marked CR-K1 and CR-K2 on sheet 16 of the access and rights of way plans. |
| East Cambridgeshire District | Ness Road | The provision of a temporary means of access to the authorised development from the western side of Ness Road between the points marked CR-I1 and CR-I2 on sheets 17 and 18 of the access and rights of way plans. |
| East Cambridgeshire District | Ness Road | The provision of a temporary means of access to the authorised development from the eastern side of Ness Road between the points marked CR-H1 and CR-H2 on sheets 17 and 18 of the access and rights of way plans. |
| East Cambridgeshire District | Broads Road | The provision of a temporary means of access to the authorised development from the southern side of Broads Road between the points marked CR-G1 and CR-G2 on sheet 18 of the access and rights of way plans. |
| East Cambridgeshire District | First Drove | The provision of a temporary means of access to the authorised development from the western side of First Drove between the points marked CR-F1 and CR-F2 on sheet 18 of the access and rights of way plans. |
| East Cambridgeshire District | Weirs Drove | The provision of a temporary means of access to the authorised development from the western side of Weirs Drove between the points marked CR-C1 and CR-C2 on sheets 19 and 20 of the access and rights of way plans. |
| East Cambridgeshire District | Little Fen Drove | The provision of a temporary means of access to the authorised development from the southern side of Little Fen Drove between the points marked CR-D1 and CR-D2 on sheet 19 of the access and rights of way plans. |
| East Cambridgeshire District | Little Fen Drove | The provision of a temporary means of access to the authorised development from the northern side of Little Fen Drove between the points marked CR-E1 and CR-E2 on sheet 19 of the access and rights of way plans. |
SCHEDULE 8 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
Interpretation
1
In this Schedule—
- “access rights” means rights over land to—alter, improve, form, maintain, retain, use (with or without vehicles, plant and machinery), remove, reinstate means of access to the authorised development including visibility splays and to remove impediments to such access; andpass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) for all purposes in connection with the authorised development;
- “cable rights” means rights over land to—install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures;remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with the authorised development; andrestrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development;
- “crane rights” means rights over land to pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface) and to temporarily remove impediments to such a passage for all purposes in connection with the authorised development;
- “substation connection rights” means rights over land to—install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables and other services, works associated with such cables including bays, ducts, protection and safety measures and equipment, and other apparatus and structures and to connect such cables and services to the National Grid Burwell substation;install, use, support, protect, inspect, alter, remove, replace retain, renew, improve and maintain watercourses, public sewers and drains and drainage apparatus and equipment;remain, pass and repass on foot, with or without vehicles, plant and machinery (including rights to lay and use any temporary surface or form a temporary compound) for all purposes in connection with Work Nos. 4;restrict and remove the erection of buildings or structures, restrict the altering of ground levels, restrict and remove the planting of trees or carrying out operations or actions (including but not limited to blasting and piling) which may obstruct, interrupt or interfere with the exercise of the rights or damage the authorised development; andinstall, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain soft landscaping and biodiversity measures; and
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