The M60/M62/M66 Simister Island Interchange Development Consent Order 2025

• (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.

No double recovery

43

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

Arbitration

44

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.

Disapplication and modification of legislative provisions

45

The provisions of the Neighbourhood Planning Act 2017[^f00080], insofar as they relate to temporary possession of land under articles 30 (temporary use of land for carrying out the authorised development) and 31 (temporary use of land for maintaining the authorised development) of this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 31(13), any maintenance of any part of the authorised development.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of Simister, Kirkhams, Besses o’ th’ Barn and Unsworth

A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general) and 22[^f00081] (highways) of the 2008 Act, and associated development as defined in section 115 of the 2008 Act, comprising:

Work No. 01 – shown on sheet 1 of the works plans as being the construction of a re-aligned M60 on-slip road in cutting (183m in length) comprising 1 lane that merges onto the improved M60 eastbound (Work No. 02) from Junction 17 of the M60.

Work No. 02 – shown on sheets 1 and 2 of the works plans as being the widening from 4 lanes to 5 lanes of the eastbound carriageway of the M60 between Junction 17 and 18 (1586m in length) and incorporating the small section within the Order limits near Sandgate Road, such works including—

• (a) the alteration of 1 no. portal gantry above the M60 Motorway within the gantry siting location shown as Gantry Type 1 on sheet 1 of the works plans, including the installation of new signs, signals, sign illumination, control cabinets, power and communication cable connections;

• (b) the construction of 2 no. portal gantries above the M60 Motorway within the gantry siting locations shown as Gantry Type 3 on sheets 1 and 2 of the works plans, including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs, signals, sign illumination, control cabinets, power and communication cable connections; and

• (c) the construction of 1 no. cantilever gantry above the M60 Motorway within the gantry siting locations shown as Gantry Type 4 on sheet 1 of the works plans, including the installation of new gantry foundation, gantry structure, earthwork retaining structure, signals, control cabinets, power and communication cable connections.

Work No. 03 – shown on sheets 1 and 2 of the works plans as being the widening from 4 lanes to 5 lanes of the westbound carriageway of the M60 between Junction 18 and 17 (1523m in length). The works include the construction of 2 no. portal gantries above the M60 Motorway within the gantry siting locations shown as Gantry Type 3 on sheets 1 and 2 of the works plans, including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs, signals, sign illumination, control cabinets, power and communication cable connections.

Work No. 04 – shown on sheet 1 of the works plans as being the construction of a re-aligned M60 off-slip road in cutting (311m in length) comprising 1 lane that widens to 2 lanes and that diverges off the improved M60 westbound (Work No. 03) and connects to Junction 17 of the M60.

Work No. 05 – shown on sheets 1 and 2 of the works plans as being the construction of a new M60 off-slip road on embankment (1911m in length) comprising 2 lanes that diverges from the improved M60 eastbound (Work No. 02), the construction of a new 3-span viaduct structure (Pike Fold Viaduct) and the construction of a re-aligned M60 on-slip road on embankment that merges onto the improved M60 southbound (Work No. 22), commencing from a point 118m east of Sandgate Road overbridge and terminating at a point 20m north of M60 Junction 18. Works include removal of Important Hedgerow (HG_08) as described in Schedule 8 of this Order.

Work No. 06 – shown on sheets 1 and 2 of the works plans as being the construction of a temporary haul route (298m in length), required to enable the construction of Work Nos. 02 and 05.

Work No. 07 – shown on sheets 1, 2 and 3 of the works plans as being the construction of a re-aligned M60 off-slip road in cutting (1123m in length) comprising 2 lanes that diverges from the improved M60 northbound (Work No. 18) and construction of a re-aligned M60 on-slip road on embankment that merges onto the improved M60 westbound (Work No. 03), commencing from a point 120m south of Simister Lane overbridge and terminating at a point 250m east of Sandgate Road overbridge. The works include the alteration of 2 no. portal gantries above the M60 Motorway within the gantry siting locations shown as Gantry Type 1 on sheet 2 of the works plans, including the installation of new signs, signals, sign illumination, control cabinets, power and communication cable connections.

Work No. 08 – shown on sheet 1 of the works plans as being the construction of a temporary haul route (135m in length), required to enable the construction of Work Nos. 03 and 07.

Work No. 09 – shown on sheet 2 of the works plans as being the construction of a re-aligned M60 off-slip road in cutting (684m in length) comprising 1 lane that diverges from the improved M60 eastbound (Work No. 02) and construction of a re-aligned M66 on-slip road in cutting comprising 1 lane that connects directly with the existing M66 northbound on-slip, commencing from a point 416m west of M60 Junction 18 and terminating at a point 100m north of M60 Junction 18.

Work No. 10 – shown on sheet 2 of the works plans as being the construction of a temporary haul route (268m in length), required to enable the construction of Work Nos. 02, 05, 27 and 29. Works include removal of Important Hedgerow (HG_08) as described in Schedule 8 of this Order.

Work No. 11 – shown on sheet 2 of the works plans as being the construction of a temporary haul route (571m in length), required to enable the construction of Work Nos. 03, 07, 12, 13 and 14.

Work No. 12 – shown on sheet 2 of the works plans as being the construction of a re-aligned M60 on-slip road in cutting (554m in length) comprising 2 lanes that merges onto the improved M60 westbound (Work No. 03) from the improved Junction 18 of the M60 (Work No. 25).

Work No. 13 – shown on sheet 2 of the works plans as being the installation of a drainage attenuation pond and swales, 236m southwest from M60 Junction 18, including excavations, embankments, cuttings, environmental mitigation, and fencing necessary for its construction and operation. Work No. 13 is adjacent to the re-aligned M60 northbound to M60 westbound link (Work No. 07) and is accessed via a new maintenance access track (Work No. 14).

Work No. 14 – shown on sheet 2 of the works plans as being the construction of a new maintenance access track (184m in length) from Corday Lane to the new attenuation pond (Work No. 13). Works to include diversion and/or protection of buried statutory undertaker equipment (Work No. 51).

Work No. 15 – shown on sheet 2 of the works plans as being the construction of a temporary haul route (245m in length), for construction of Work Nos. 03, 07, 09, 14, 16 and 17. Works to include diversion and/or protection of buried statutory undertaker equipment (Work No. 51) to enable construction of a new maintenance access track (Work No. 14).

Work No. 16 – shown on sheet 2 of the works plans as being the construction of a temporary haul route (200m in length), for construction of Work Nos. 03, 07, 13, 14, 15 and 17.

Work No. 17 – shown on sheet 2 of the works plans as being the construction of a re-aligned M60 off-slip road in cutting and on embankment (187m in length) comprising 1 lane that widens to 2 lanes and that diverges from the improved M60 northbound (Work No. 18) and merges with the improved M60 Junction 18 circulatory carriageway (Work No. 25), commencing from a point 10m north of Simister Lane overbridge.

Work No. 18 – shown on sheets 2, 3 and 4 of the works plans as being the improvement of the northbound carriageway of the M60 comprising 5 lanes, commencing at the re-aligned M60 northbound off-slip (Work No. 07) and terminating at the M66 northbound on-slip. The works include the alteration of 1 no. portal gantries shown as Gantry Type 1 on sheet 3 of the works plans.

Work No. 19 – shown on sheet 3 of the works plans as being the construction of a new maintenance access track (231m in length) from the improved M60 northbound carriageway (Work No. 18) to the new attenuation pond (Work No. 21). Works to Important Hedgerow (HG_80) as described in Schedule 8 of this Order.

Work No. 20 – shown on sheet 3 of the works plans as being the establishment of environmental mitigation area(s) to the west of the improved M60 northbound carriageway (Work No. 18) including ecology pond creation, hedgerow planting and species rich grassland seeding to mitigate for biodiversity loss and integrate the authorised development into the surrounding landscape. Works to Important Hedgerow (HG_80) as described in Schedule 8 of this Order.

Work No. 21 – shown on sheet 3 of the works plans as being the installation of a drainage attenuation pond, to the west of the improved M60 northbound carriageway (Work No. 18), including excavations, embankments, cuttings, environmental mitigation, and fencing necessary for its construction and operation. Work No. 21 is adjacent to the improved M60 northbound carriageway (Work No. 18) and is accessed via a new maintenance access track (Work No. 19).

Work No. 22 – shown on sheets 2 and 3 of the works plans as being the widening from 2 lanes to 4 lanes of the southbound carriageway of the M60, commencing at a point 20m north of M60 Junction 18 and terminating 338m south of Simister Lane overbridge. The works include the construction of 1 no. cantilever gantry above the M60 Motorway within the gantry siting locations shown as Gantry Type 4 on sheet 2 of the works plans, including the installation of new gantry foundation, gantry structure, earthwork retaining structure, signals, control cabinets, power and communication cable connections.

Work No. 23 – shown on sheets 2 and 3 of the works plans as being the construction of a re-aligned M62 off-slip road in cutting and on embankment (585m in length) comprising 1 lane that diverges from the M62 westbound and construction of a re-aligned M60 on-slip road in cutting that connects directly with the improved M60 southbound carriageway (Work No. 22), commencing from a point 192m east of M60 Junction 18 and terminating at a point 132m south of Simister Lane overbridge.

Work No. 24 – shown on sheet 2 of the works plans as being the creation of a new emergency service and traffic officer service access road (78m in length) from the improved M60 Junction 18 circulatory carriageway (Work No. 25) to the re-aligned M60 southbound on-slip (Work No. 23).

Work No. 25 – shown on sheet 2 of the works plans as being the modification of the M60 Junction 18 circulatory carriageway (585m in length) including the provision of new wearing course to the pavement, amendment of the road markings and replacement of traffic signals and associated infrastructure.

Work No. 26 – shown on sheet 2 of the works plans as being the creation of a new emergency service and traffic officer service access road (101m in length) from the re-aligned M60 off-slip (Work No. 09) to the improved Junction 18 circulatory carriageway (Work No. 25).

Work No. 27 – shown on sheet 2 of the works plans as being the installation of a drainage attenuation pond, to the north of the new M60 eastbound off-slip carriageway (Work No. 05), including excavations, embankments, cuttings, environmental mitigation, and fencing necessary for its construction and operation. Work No. 27 is adjacent to the new M60 eastbound off-slip carriageway (Work No. 05) and is accessed via a new maintenance access track (Work No. 29).

Work No. 28 – shown on sheet 2 of the works plans as being the re-alignment of the exit road (84m in length) from the improved Junction 18 circulatory carriageway (Work No. 25) to the re-aligned M66 northbound on-slip (Work No. 09).

Work No. 29 – shown on sheet 2 of the works plans as being the construction of a new maintenance access track (535m in length) from Mode Hill Lane to the new attenuation pond (Work No. 27) including the continuation of the temporary haul route (Work No. 10). Works include the removal of Important Hedgerow (HG_80) as described in Schedule 8 of this Order.

Work No. 30 – shown on sheets 2, 4 and 5 of the works plans as being the widening of the southbound carriageway of the M66 (951m in length) comprising of 2 lanes commencing from the new M66 southbound off-slip (Work No. 39) and terminating at a point 20m north of M60 Junction 18 including the alteration of an existing portal gantry and the construction of a new cantilever gantry, comprising—

• (a) the construction of 1 no. cantilever gantry above the M66 Motorway within the gantry siting locations shown as Gantry Type 4 on sheet 4 of the works plans, including the installation of new gantry foundation, gantry structure, earthwork retaining structure, signals, control cabinets, power and communication cable connections.

• (b) shown on sheet 5 of the works plans as being the construction of 2 no. cantilever gantries above the M66 Motorway within the gantry siting locations shown as Gantry Type 4 on sheet 5 of the works plans, including the installation of new gantry foundations, gantry structures, earthwork retaining structures, signs, signals, sign illumination, control cabinets, power and communication cable connections.

Work No. 31 – shown on sheet 2 of the works plans as being the establishment of environmental mitigation area(s) on Mode Hill Lane/Pole Lane including hedgerow planting and species rich grassland seeding.

Work No. 32 – shown on sheet 2 of the works plans as being the establishment of environmental mitigation area(s) to the west of the improved M66 northbound carriageway (Work No. 18) and north of Mode Hill Lane/Pole Lane including hedgerow planting and species rich grassland seeding.

Work No. 33 – shown on sheets 2 and 4 of the works plans as being the construction of a new temporary haul route (966m in length), which commences from the M66 southbound verge and terminates south of the loop towards M60 Junction 18.

Work No. 34 –shown on sheet 2 of the works plans as being the construction of a new link road on embankment (301m in length) connecting the new M66 southbound off-slip and link road (Work No. 39) to the M62 eastbound on-slip.

Work No. 35 – shown on sheet 2 of the works plans as being the construction of a new maintenance access track (722m in length) from Egypt Lane to the new attenuation pond (Work No. 37), the new M60 eastbound off-slip road and link to M60 southbound (Work No. 05) and new M66 southbound off-slip and link road (Work No. 39).

Work No. 36 – shown on sheet number 2 of the works plans as being the establishment of environmental mitigation area(s) to the north east of M60 Junction 18 and south of Egypt Lane, including woodland planting, hedgerow and species rich grassland.

Work No. 37 – shown on sheet 2 of the works plans as being the installation of a drainage attenuation pond and swales, 500m north east from M60 Junction 18, including excavations, embankments, cuttings, environmental mitigation, and fencing necessary for its construction and operation. Work No. 37 is adjacent to the new M60 eastbound to M60 southbound link (Work No. 05) and is accessed via a new maintenance access track (Work No. 35).

Work No. 38 – shown on sheet number 2 of the works plans as being the establishment of environmental mitigation areas to the north east of M60 Junction 18 and north of Egypt Lane, including woodland planting, hedgerow planting and species rich grassland. Works to Important Hedgerow (HG_23) as described in Schedule 8 of this Order.

Work No. 39 – shown on sheets 2 and 4 of the works plans as being the construction of a new M66 southbound off-slip and link road on embankment (944m in length) comprising 2 lanes, and the construction of a new single span bridge structure (Pike Fold Bridge), connecting the improved M66 southbound carriageway (Work No. 30) with the improved Junction 18 circulatory carriageway (Work No. 25) and the new link road to the M62 eastbound on-slip (Work No. 34).

Work No. 40 – shown on sheets 2 and 4 of the works plans as being works to realign the existing Public Right of Way (footway) 9WHI, due to the construction of the new M60 eastbound off-slip road and link to M60 southbound (Work No. 05), connecting Egypt Lane to existing public right of way (ref. 9WHI), adjacent to the new M66 southbound off-slip and link road (Work No. 39), approximately 200m south of Hills Lane (approximately 673m in length). Works also include mitigation measures comprising netting up to a maximum height of 25 metres on the boundary between the highway and golf course.

Work No. 41 – shown on sheet 4 of the works plans as being the diversion of a buried water main and associated infrastructure due to the construction of the improved M66 southbound carriageway (Work No. 30) and the new M66 southbound off-slip and link road (Work No. 39) (approximately 100m in length).

Work No. 42– not used.

Work No. 43 – shown on sheet 4 of the works plans as being the installation of a drainage attenuation pond, 200m east of the M66 southbound carriageway, including excavations, embankments, cuttings, environmental mitigation, and fencing necessary for its construction and operation. Work No. 43 is adjacent to the M66 southbound and is accessed via a new maintenance access track (Work No. 44).

Work No. 44 – shown on sheet 4 of the works plans as being the construction of a new maintenance access track (152m in length) from Griffe Lane to the new attenuation pond (Work No. 43). Works to Important Hedgerows (HG_21, HG_22 and HG_39) as described in Schedule 8 of this Order.

Work No. 45 – shown on sheet 1 of the works plans as being the diversion of a low and high voltage electricity cables, low pressure gas main, communications / telephone cables and a water main and associated infrastructure due to the construction of the improved M60 eastbound carriageway (Work No. 02) (approximately 30m in length).

Work No. 46 – shown on sheet 3 of the works plans as being works to realign the existing Public Rights of Way (footway) 28aPRE and 29aPRE to accommodate the construction of the new drainage attenuation pond (Work No. 21) and new maintenance access track (Work No. 19) (approximately 90m in length).

Work No. 47 – shown on sheet 4 of the works plans as being works to realign the existing Public Right of Way (footway) 7WHI to accommodate construction of the new drainage attenuation pond (Work No. 43) and new maintenance access track (Work No. 44) (approximately 90m in length).

Work No. 48 – shown on sheet 1 of the works plans as being the diversion of low and high voltage electricity cables, telecommunications cables and a water main and associated infrastructure due to the construction of the improved M60 eastbound carriageway (Work No. 02) and the improved M60 westbound carriageway (Work No. 03) (approximately 250m in length).

Work No. 49 – shown on sheet 1 of the works plans as being the diversion of low voltage electricity cables, combined sewer, telecommunications cables and a water main and associated infrastructure due to the construction of the improved M60 westbound carriageway (Work No. 03) (approximately 300m in length).

Work No. 50 – shown on sheet 1 of the works plans as being the diversion of low voltage electricity cables and associated infrastructure due to the construction of the improved M60 westbound carriageway (Work No. 03) (approximately 40m in length).

Work No. 51 – shown on sheet 2 of the works plans as being the diversion of low voltage electricity cables and telecommunications cables and associated infrastructure due to the construction of the new maintenance access track (Work No. 14) (approximately 180m in length).

Work No. 52 – shown on sheet 2 of the works plans as being the diversion of low voltage electricity cables, telecommunications cables and a water main and associated infrastructure due to connections required into the main site compound, northwest of M60 Junction 18 (approximately 275m in length).

Work No. 53 – shown on sheet 2 of the works plans as being the construction of maintenance access track (174m in length), which runs parallel to the Junction 18 circulatory carriageway.

Work No. 54 –shown on sheet 1 of the works plans as being the establishment of an environmental mitigation area, north of M60 eastbound carriageway (Work No. 02) and west of Sandgate Road, including woodland planting, hedgerow planting and species rich grassland.

Work No. 55 –shown on sheet 1 of the works plans as being the establishment of an environmental mitigation area, north of M60 eastbound carriageway (Work No. 02) and west of Sandgate Road including woodland planting, hedgerow planting and species rich grassland.

Work No. 56 –shown on sheet 1 of the works plans as being the establishment of an environmental mitigation area, south of M60 westbound carriageway (Work No. 03) west of utilities works (Work No. 50), and west of Sandgate Road, including woodland planting, hedgerow planting and species rich grassland.

Work No. 57 –shown on sheet 2 of the works plans as being the establishment of an environmental mitigation area, north of M60 eastbound to M60 southbound interchange link (Work No. 05) situated between a maintenance access (Work No. 29) and a drainage attenuation pond (Work No. 27), including woodland planting, hedgerow planting and species rich grassland.

Work No. 58 –shown on sheet 2 of the works plans as being the establishment of an environmental mitigation area, southwest of a slip road between the M60 northbound and the M60 westbound (Work No. 07) and southeast of utilities work (Work No. 51), including woodland planting, hedgerow planting and species rich grassland.

Work No. 59 –shown on sheet 2 of the works plans as being the establishment of an environmental mitigation area, inside of the northern loop included in interchange link of M60 eastbound and M60 southbound (Work No. 05) east of a maintenance access (Work No. 35), including woodland planting, hedgerow planting and species rich grassland.

Work No. 60 –shown on sheet 3 of the works plans as being the establishment of an environmental mitigation area, west of the M60 northbound carriageway (Work No. 18) north of a drainage attenuation pond (Work No. 21), including woodland planting, hedgerow planting and species rich grassland.

For the purposes of or 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 effects in comparison with those reported in the environmental statement, consisting of—

• (a) alteration of the layout of any street permanently or temporarily, including but not limited to increasing or reducing the width of the carriageway of the street by increasing or reducing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level or increasing the width of any such kerb, footpath, footway, cycle track or verge; and reducing the width of the carriageway of the street;

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

• (c) ramps, steps, means of access, private means of access, non-motorised user routes or links, footpaths, footways, bridleways, equestrian tracks, cycle tracks, byways open to all traffic, restricted byways, laybys and crossing facilities;

• (d) embankments, cuttings, excavations, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, drainage works, drainage treatment areas, ponds, lagoons, outfalls, ditches, pollution control devices, pumping stations, wing walls, firefighting system water tanks and associated plant and equipment, highway lighting, fencing, noise barriers and culverts;

• (e) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; and tunnelling or boring under a street;

• (f) works to place, alter, divert, relocate, protect, remove or maintain the position of apparatus (including statutory undertakers’ apparatus), services, plant and other equipment in, under or above a street, or in other land, including mains, sewers, drains, pipes, lights, cables, cofferdams, fencing and other boundary treatments;

• (g) works to alter the course of, or otherwise interfere with a watercourse;

• (h) landscaping, re-grading, re-profiling, contouring, works associated with the provision of ecological, archaeological and environmental mitigation (such as noise and visual bunds and barriers) and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

• (i) works comprising ground improvement, settlement monitoring and mitigation measures for the benefit or protection of, or in relation to, any land, building or structure, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

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

• (k) refurbishment works to any existing bridge;

• (l) 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);

• (m) the felling of trees and hedgerows;

• (n) 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, processing plant, works and conveniences;

• (o) the provisions of other works including pavement works, kerbing and paved areas works, signing, signals, highways technology, gantries, street lighting, road restraints, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development;

• (p) pumping for the purposes of dewatering excavations and the management of surface water flows and temporary storage, settlement and treatment of surface water flows; and

• (q) 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—

• “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971[^f00082];

• “commence” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development other than operations consisting of archaeological investigations and mitigation works, ecological surveys and mitigation works, investigations for the purpose of assessing ground conditions, erection of any temporary means of enclosure, receipt and erection of construction plant and equipment, treatment of any invasive species and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

• “Design Council” means the UK’s national strategic advisor for design who is a Royal Charter charity (registered charity number 279099);

• “first iteration EMP” means the document of that description listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the first iteration environmental management plan for the purposes of this Order under article 41 (certification of plans and documents, etc.);

• “second iteration EMP” means the second version of the first iteration EMP which is refined in advance of construction;

• “third iteration EMP” means the third version of the first iteration EMP, which builds upon the second iteration EMP and is refined at the end of the construction stage to support future management and operation;

• “the Manual of Contract Documents for Highway Works” means the document of that name published electronically by the strategic highway authorities for England, Scotland, Wales and Northern Ireland, or any equivalent replacement published for that document; and

• “REAC” means the register of environmental actions and commitments set out in section 3 of the first iteration EMP.

Time limits

2

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

Detailed design

3

• (1) The authorised development must be designed in detail and carried out so that it is compatible with—

• (a) the preliminary scheme design shown on the general arrangement plans, works plans and the engineering section drawings;

• (b) the design principles set out in the design principles report; and

• (c) the report mentioned in sub-paragraph (3),

unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and local highway authority on matters related to their functions and provided that the Secretary of State is satisfied that any amendments to the general arrangement plans, works plans and the engineering section drawings showing departures from the preliminary scheme design or the design principles would not give rise to any materially new or materially different effects in comparison with those reported in the environmental statement.

• (2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding general arrangement plans, works plans or engineering section drawings and the undertaker must make those amended details available in electronic form for inspection by members of the public.

• (3) The report mentioned in sub-paragraph (1) is a report to be prepared by the undertaker of its findings following a review of the detailed design of Pike Fold Viaduct and Pike Fold Bridge, the review to be carried out in consultation with the design review panel, the relevant planning authority and the local highway authority.

• (4) In this paragraph—

• (a) “design review panel” means a panel appointed by the Design Council to conduct an independent review of certain elements of the proposed design of the authorised development;

• (b) “design principles report” means the document of that description listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the design principles report for the purposes of this Order under article 41 (certification of plans and documents, etc.); and

• (c) “general arrangement plans” means the document of that description listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the general arrangement plans for the purposes of this Order under article 41 (certification of plans and documents, etc.).

Environmental Management Plan

4

• (1) The authorised development must be carried out in accordance with the first iteration EMP.

• (2) No part of the authorised development is to commence until a second iteration EMP, substantially in accordance with the first iteration EMP, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and, to the extent that it relates to a matter relevant to their function, the Environment Agency.

• (3) The undertaker must make the second iteration EMP and the third iteration EMP, in each case substantially in accordance with the first iteration EMP, available in an electronic form suitable for inspection by members of the public.

• (4) The second iteration EMP must be written in accordance with ISO 14001 and must—

• (a) be in accordance with the mitigation measures set out in the REAC;

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

• (c) require adherence to any working hours set out in the REAC or, where no such hours are set, to working hours of 07:00 to 19:00 on Mondays to Fridays and 07:00 to 13:00 on Saturday except for—

• (i) installation, maintenance and removal of traffic management layouts;

• (ii) demolition of existing structures, construction of new structures, and any potential movements of large transporters to deliver bridge superstructures and gantry steel sections to their permanent locations;

• (iii) piling works for structures and retaining walls;

• (iv) removal, modification and installation of new signage/technology to existing gantries and traffic signs;

• (v) central reservation works where daytime working is not suitable due to existing carriageway widths or proximity to existing slip merges or diverges;

• (vi) works on slip roads and designated free flow links where carriageway widths are unsuitable for daytime works;

• (vii) online works within the verges which cannot be safely completed as daytime working behind a temporary vehicle restraint barrier;

• (viii) cross carriageway duct crossings;

• (ix) installation and removal of street lighting and traffic signals;

• (x) resurfacing and white lining of the existing carriageway and surfacing works to tie-in the existing carriageway to the new carriageway;

• (xi) the use of compounds to facilitate off-peak working;

• (xii) emergency and planned carriageway maintenance and repair works;

• (xiii) maintenance of plant and equipment requiring continuous operation such as pumps; and

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

• (d) include the following management plans—

• (i) Air Quality and Dust Management Plan;

• (ii) Noise and Vibration Management Plan;

• (iii) Site Waste Management Plan;

• (iv) General Ecology Management Plan;

• (v) Invasive Species Management Plan;

• (vi) Soil Management Plan;

• (vii) Materials Management Plan;

• (viii) Surface and Groundwater Management Plan;

• (ix) Construction Compound Management Plan;

• (x) Contaminated Land Management Plan;

• (xi) Energy and Resource Use Management Plan;

• (xii) Emergency Procedures and Record of any Environmental Incidents;

• (xiii) Environmental Constraints Map;

• (xiv) Landscape and Ecology Management Plan;

• (xv) Carbon Management Plan; and

• (xvi) Construction Lighting Plan.

• (5) The construction of the authorised development must be carried out in accordance with the approved second iteration EMP.

• (6) A third iteration EMP must be developed and completed by the end of construction, commissioning and handover stage of the authorised development, substantially in accordance with the process set out in the approved second iteration EMP.

• (7) The third iteration EMP must address the matters set out in the approved second iteration EMP that are relevant to the operation and maintenance of the authorised development, and must contain—

• (a) the environmental information needed for the future maintenance and operation of the authorised development;

• (b) the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development;

• (c) provision for the retention of the environmental mitigation areas for the life of the authorised development; and

• (d) a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

• (8) The authorised development must be operated and maintained in accordance with the third iteration EMP.

• (9) In this paragraph—

• (a) “environmental mitigation areas” means each of the environmental mitigation areas identified on the works plans comprising Work Nos. 20, 31, 32, 36, 38, 54, 55, 56, 57, 58, 59 and 60; and

• (b) “ISO 14001” means the international standards on designing and implementing environmental management systems published by the Internal Standards Organisation.

Landscaping

5

• (1) No part of the authorised development is to commence until a landscaping scheme applicable to 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.

• (2) The landscaping scheme prepared under sub-paragraph (1) must be in accordance with the mitigation measures set out in the REAC and the environmental masterplan.

• (3) The landscaping scheme prepared under sub-paragraph (1) must include details of—

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

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

• (c) existing trees to be retained, with measures for their protection during the construction period in accordance with the arboricultural impact assessment;

• (d) proposed finished ground levels including details of changes to existing land levels, gradients for areas of permanent earthworks and cross sections to illustrate slope profiles where embankments are formed;

• (e) implementation timetables for all landscaping works;

• (f) hard landscaping and materials including colour and boundary treatment of any fences, walls and structures; and

• (g) the extent and form of ball stop netting adjacent to Pike Fold Golf Course.

• (4) The authorised development must be carried out in accordance with the landscaping scheme approved under sub-paragraph (1).

• (5) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised standards and codes of good practice, as specified in the third iteration EMP.

• (6) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes in the opinion of the relevant planning authority, 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, unless the Secretary of State, following consultation with the relevant planning authority on matters related to its function, gives written consent to a variation.

• (7) In this paragraph—

• (a) “arboricultural impact assessment” means the assessment at appendix 7.5 of the environmental statement figures listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the environmental statement appendices for the purposes of this Order under article 41 (certification of plans and documents, etc.); and

• (b) “environmental masterplan” means the plan at figure 2.3 of the environmental statement figures listed in Schedule 10 and certified by the Secretary of State as the environmental statement figures for the purposes of this Order under article 41.

Previously unidentified contaminated land and groundwater

6

• (1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.

• (2) Where the completed risk assessment determines that remediation of the contaminated land is necessary, work on or under the contaminated land must cease and must not recommence until a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose 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 function and the Environment Agency.

• (3) Remediation must be carried out in accordance with the written scheme approved under sub-paragraph (2).

• (4) In this paragraph, “contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990[^f00083].

Protected species

7

• (1) In the event that any protected species which were not previously identified in the environmental statement or pre-construction surveys prepared to inform the second iteration EMP are found at any time when carrying out the authorised development the undertaker must cease the relevant parts of the relevant works and report it immediately to the ECoW.

• (2) The relevant parts of the relevant works must not recommence until a written scheme of protection and mitigation measures (including their design and management) has been submitted to and approved in writing by the Secretary of State following consultation with Natural England.

• (3) The written scheme must provide for the implementation of appropriate measures to avoid harm to protected species under the supervision of the ECoW.

• (4) The undertaker must implement the written scheme approved under sub-paragraph (2) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.

• (5) Within 5 business days of receiving written approval from the Secretary of State to the written scheme approved under sub-paragraph (2), the undertaker must provide to the relevant planning authority—

• (a) the approved written scheme of protection and mitigation measures; and

• (b) any responses provided by Natural England to the consultation undertaken under sub-paragraph (2).

• (6) In this paragraph—

• (a) “ECoW” means the ecological clerk of the works appointed to ensure competence and quality in ecological matters whose responsibilities are defined in the first iteration EMP;

• (b) “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 2017[^f00084]; and

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

Surface and foul water drainage

8

• (1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, in accordance with the mitigation measures set out in the REAC and drainage strategy report including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation with the relevant planning authority on matters related to its function.

• (2) The surface and foul water drainage system must be carried out in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority.

• (3) The Secretary of State may only agree to amendments to the approved details under sub-paragraph (2) if the Secretary of State is satisfied that the amendments would not give rise to any materially new or materially different effects in comparison with those reported in the environmental statement.

• (4) In this paragraph, “drainage strategy report” means the report at Appendix 13.7 of the environmental statement appendices listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the environmental statement appendices for the purposes of this Order under article 41 (certification of plans and documents, etc.).

Archaeological remains

9

• (1) No part of the authorised development is to commence until for that part a written scheme for the investigation of areas of archaeological interest incorporating the mitigation measures set out in the environmental statement and the REAC 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 function.

• (2) The authorised development must be carried out in accordance with the scheme approved under sub-paragraph (1).

Traffic Management

10

• (1) No part of the authorised development is to commence until for that part a traffic management plan, which is substantially in accordance with the outline traffic management plan for that part of the authorised development, has been submitted to and approved in writing by the Secretary of State, following consultation with the local highway authority on matters related to its function.

• (2) The authorised development must be carried out in accordance with the traffic management plan approved under sub-paragraph (1).

• (3) In this paragraph, “outline traffic management plan” means the document listed in Schedule 10 (certification of plans and documents, etc.) and certified by the Secretary of State as the outline traffic management plan for the purposes of this Order under article 41 (certification of plans and documents, etc.).

Noise barriers

11

• (1) No part of the authorised development is to commence until a scheme of noise barrier mitigation in respect of the use and operation of that part of the authorised development has been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority.

• (2) The scheme prepared under sub-paragraph (1) must incorporate the noise barriers in the locations identified in the environmental statement, having regard to its assessment of the environmental effects of the incorporation of those noise barriers, and include details of:

• (a) the continuation of noise barrier EB03 to the crossing of Sandgate Road;

• (b) the continuation of noise barrier EB04 to the crossing of Sandgate Road;

• (c) the continuation of noise barrier EB05 to noise barrier EB07; and

• (d) implementation timetables and future maintenance.

• (3) The noise barrier mitigation must be implemented in accordance with the scheme approved under sub-paragraph (1) and must be retained thereafter for the life of the authorised development.

Footpath passing through Haweswater underpass

12

• (1) No part of Work Nos. 5, 6, 7, 8, 10 and 11 is to commence until a scheme detailing improvements to the path passing through Haweswater underpass has been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority and any statutory undertaker whose apparatus may be impacted by any proposed improvements.

• (2) The scheme prepared under sub-paragraph (1) must incorporate details of improvements to the path within the Order land between Heybrook Close and Parrenthorn Road which passes through the underpass, details of any lighting, a timescale for implementation and details of future maintenance.

• (3) The scheme approved under sub-paragraph (1) must be implemented in accordance with the approved details prior to bringing into use Work Nos. 5, 6, 7, 8, 10 and 11 and thereafter must be retained for the life of the authorised development.

Flood risk assessment

13

• (1) The undertaker is required to consider the Flood and Coastal Erosion Risk Data published quarterly by the Environment Agency in its flood risk assessment, in consultation with the Environment Agency.

• (2) The undertaker is required to carry out the authorised development in accordance with the flood risk assessment.

Amendments to approved details

14

With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes approved under this Schedule, the approved details or schemes are taken to include any amendments that may subsequently be approved in writing by the Secretary of State.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

15

• (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

• (a) the day immediately following that on which the application is received by the Secretary of State;

• (b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 16 (further information); or

• (c) such longer period as may be agreed between the undertaker and the Secretary of State.

• (2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

• (3) Where—

• (a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

• (b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

• (c) the application is accompanied by a report from a body required to be consulted under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially worse effects in comparison with those reported in the environmental statement,

the application is taken to have been refused by the Secretary of State at the end of that period.

Consultation

16

In relation to any provision of this Schedule requiring details to be submitted to the Secretary of State for approval following consultation by the undertaker with another party, the undertaker must provide such other party with not less than 15 business days for any response to the consultation and thereafter the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted including copies of any representations made by a consultee about the proposed application and the undertaker’s response to those representations.

Further information

17

• (1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

• (2) In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates.

• (3) In the event that the Secretary of State does not give such notification within that 21 business day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

• (4) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 15 (applications made under requirements) and in this paragraph.

• (5) When making an application for consent under sub-paragraph (1), the undertaker must include a letter informing the Secretary of State of the period mentioned in sub-paragraph (2) and the effect of sub-paragraph (3).

Register of requirements

18

• (1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

• (2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

• (3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Anticipatory steps towards compliance with any requirement

19

If, before the coming into force of this Order, the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC

PART 1 — SPECIAL ROADS

(1) Road	(2) Extent
M60 mainline (eastbound)	Between point 1/01 on Sheet 1 and 2/02 on Sheet 2 of the classification of roads plans, for a distance of 1587 metres
M60 mainline (westbound)	Between point 1/04 on Sheet 1 and 2/13 on Sheet 2 of the classification of roads plans, for a distance of 1523 metres
M60 slip road (eastbound) to M66 (northbound)	Between point 1/02 on Sheet 1 and 2/03 on Sheet 2 of the classification of roads plans, for a distance of 1032 metres
M60 (northbound) to M60 slip road (westbound)	Between point 2/12 on Sheet 2 and 1/03 on Sheet 1 of the classification of roads plans, for a distance of 952 metres
M60 (northbound) to M60 slip road (westbound) (via Junction 18)	Between point 2/12 on Sheet 2 and 1/03 on Sheet 1 of the classification of roads plans, for a distance of 932 metres
Northern Loop	Between point 2/01 on Sheet 2 and 2/06 on Sheet 2 of the classification of roads plans, for a distance of 1454 metres
Junction 18	Located at point 2/10 on Sheet 2 of the classification of roads plans, for a distance of 573 metres
M60 mainline (northbound) to M66 (northbound)	Between point 3/03 on Sheet 3 and 2/04 on Sheet 2 of the classification of roads plans, for a distance of 792 metres
M66 mainline (southbound) to M60 mainline (southbound)	Between point 4/01 on Sheet 4 and 3/02 on Sheet 3 of the classification of roads plans, for a distance of 1676 metres
M66 slip road (southbound) to M62 (eastbound)	Between point 4/02 on Sheet 4 and 2/07 on Sheet 2 of the classification of roads plans, for a distance of 798 metres
M66 slip road (southbound) to M62 (eastbound) (via Junction 18)	Between point 4/02 on Sheet 4 and 2/08 on Sheet 2 of the classification of roads plans, for a distance of 851 metres
M62 Slip Road (westbound) to M66 (southbound)	Between point 2/09 on Sheet 2 and 3/01 on Sheet 3 of the classification of roads plans, for a distance of 574 metres

PART 2 — PUBLIC RIGHTS OF WAY

(1) Public right of way	(2) Extent
Footpath 28aPRE and 29aPRE, Simister/Heaton Park (Work No. 46)	91 metres of footpath (174 metres including retained) between points 3/1 and 3/A on Sheet 3 of the streets, rights of way and access plans
Footpath 9WHI, Simister (Work No. 40)	673 metres of footpath (757 metres including retained) around the Northern Loop between points 4/4 on Sheet 4 and 2/E on Sheet 2 of the streets, rights of way and access plans
Footpath 7WHI, Unsworth (Work No. 47)	91 metres of footpath (110 metres including retained) between points 4/2 and 4/B on Sheet 4 of the streets, rights of way and access plans

PART 3 — PRIVATE MEANS OF ACCESS

(1) Road	(2) Extent
Maintenance Access Track MA1, Simister (Work No. 29)	As shown between points 2/2 and 2/A on Sheet 2 of the streets, rights of way and access plans for a distance of 535 metres
Maintenance Access Track MA2, Simister (Work No. 35)	As shown between points 2/3 and 2/D on Sheet 2 of the streets, rights of way and access plans for a distance of 722 metres
Maintenance Access Track MA3, Simister (Work No. 53)	As shown between points 2/4 and 2/F on Sheet 2 of the streets, rights of way and access plans for a distance of 174 metres
Maintenance Access Track MA4, Simister (Work No. 14)	As shown between points 2/6 and 2/H on Sheet 2 of the streets, rights of way and access plans for a distance of 184 metres
Maintenance Access Track MA5, Simister/Heaton Park (Work No. 19)	As shown between points 3/2 and 3/B on Sheet 3 of the streets, rights of way and access plans for a distance of 231 metres
Maintenance Access Track MA6, Unsworth (Work No. 44)	As shown between points 4/1 and 4/A on Sheet 4 of the of the streets, rights of way and access plans for a distance of 152 metres

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS AND PUBLIC RIGHTS OF WAY

PART 1 — STREETS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Street to be stopped up	(2) Extent of stopping up
M60 (eastbound) to M60 Junction 18 signalised junction	Existing section of 339 metres of public road, to be stopped up between points 2/1 to 2/B shown on Sheet 2 of the streets, rights of way and access plans
M62 (westbound) to M60 (southbound) (via Junction 18)	Existing section of 252 metres of public road, to be stopped up between points 2/5 to 2/G shown on Sheet 2 of the streets, rights of way and access plans
M66 (southbound) to M62 (eastbound) (via Junction 18)	Existing section of 661 metres of public road, to be stopped up between points 4/3 on Sheet 4 to point 2/C shown on Sheet 2 of the streets, rights of way and access plans

PART 2 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Public right of way to be stopped up	(2) Extent of stopping up	(3) New public right of way to be substituted or provided
Footpath 28aPRE and 29aPRE, Simister/Heaton Park (Work No. 46)	198 metres of Footpath PR2 to be stopped up shown on Sheet 3 of the streets, rights of way and access plans	91 metres of footpath (174 metres including retained) between points 3/1 and 3/A on Sheet 3 of the streets, rights of way and access plans
Footpath 9WHI, Simister (Work No. 40)	757 metres of Footpath PR1 to be stopped up shown on Sheet 2 of the streets, rights of way and access plans	673 metres of footpath (757 metres including retained) around the Northern Loop between point 4/4 on Sheet 4 and point 2/E shown on Sheet 2 of the streets, rights of way and access plans
Footpath 7WHI, Unsworth (Work No. 47)	60 metres of Footpath PR3 to be stopped up shown on Sheet 4 of the streets, rights of way and access plans	91 metres of footpath (110 metres including retained) between points 4/2 and 4/B shown on sheet 4 of the streets, rights of way and access plans

SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which rights and restrictive covenants over land may be acquired	(3) Relevant part of the authorised development
Land Plans – Sheet 1	Land Plans – Sheet 1	Land Plans – Sheet 1
1/6b	Required to operate, access and maintain the authorised development. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 02
1/6c	Required to operate, access and maintain the authorised development. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 02
1/33b	Required to operate, access and maintain the authorised development. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 02
1/34	Required for maintenance and access for utilities diversions. Rights to install, maintain and use ducts, cables and apparatus for utilities and electronic communications operators. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 50
Land Plans – Sheet 2	Land Plans – Sheet 2	Land Plans – Sheet 2
2/1at	Required to construct, operate, access and maintain the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work No. 35, 36, 37, and 38
2/1au	Required to construct, operate, access and maintain the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work No. 35, 36, 37, and 38
2/1ax	Required to construct, operate, access and maintain the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work No. 35, 36, 37, and 38
2/4b	Required to construct, operate, access and maintain environmental mitigation areas and the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work Nos. 31 and 32
2/4e	Required to construct, operate, access and maintain the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work No. 35, 36, 37, and 38
2/4f	Required to construct, operate, access and maintain the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work No. 35, 36, 37, and 38
2/4g	Required to construct, operate, access and maintain the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work No. 35, 36, 37, and 38
2/4h	Required to construct, operate, access and maintain the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work No. 35, 36, 37, and 38
2/4i	Required to construct, operate, access and maintain the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work No. 35, 36, 37, and 38
2/5d	Required for maintenance and access for utilities diversions. Rights to install, maintain and use ducts, cables and apparatus for utilities and electronic communications operators. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 52
2/7c	Required for maintenance and access for utilities diversions. Rights to install, maintain and use ducts, cables and apparatus for utilities and electronic communications operators. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 52
2/8c	Rights to install, maintain and use ducts, cables and apparatus for utilities and electronic communications operators. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 51
2/8d	Rights to install, maintain and use ducts, cables and apparatus for utilities and electronic communications operators. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 51
2/9	Required for maintenance and access for utilities diversions. Rights to install, maintain and use ducts, cables and apparatus for utilities and electronic communications operators. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 52
2/10	Required for maintenance and access for utilities diversions. Rights to install, maintain and use ducts, cables and apparatus for utilities and electronic communications operators. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 52
2/13a	Required to construct, operate, access and maintain environmental mitigation areas and the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work Nos. 31 and 32
2/13b	Required to construct, operate, access and maintain environmental mitigation areas and the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work Nos. 31 and 32
2/16c	Required to construct, operate, access and maintain the authorised development. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 37
2/16e	Required to construct, operate, access and maintain the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and mitigation features being removed or maintenance being made materially more difficult.	Work No. 35, 36, 37, and 38
Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4
4/2b	Required to construct, operate, access and maintain utilities diversions including a water main and the authorised development. Rights to install, maintain and use ducts, cables and apparatus for utilities and electronic communications operators. Right to pass and repass with or without plant and vehicles and access highways. To include restrictive covenants for protecting the installed apparatus from excavation and to prevent access to the installed apparatus being made materially more difficult.	Work No. 41
4/2c	Required to construct, operate, access and maintain attenuation and drainage features and the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and drainage features being removed or maintenance being made materially more difficult.	Work No. 43
4/3	Required to construct, operate, access and maintain attenuation and drainage features and the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and drainage features being removed or maintenance being made materially more difficult.	Work No. 43
4/6	Required to construct, operate, access and maintain attenuation and drainage features and the authorised development. Rights to maintain and to pass and repass with or without plant and vehicles and access highways. To include the imposition of restrictive covenants to prevent works and drainage features being removed or maintenance being made materially more difficult.	Work No. 43 and 44

SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1

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

2

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

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

(5A) If— (a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the M60/M62/M66 Simister Island Interchange Development Consent Order 2025 (“the 2025 Order”)); (b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the 2025 Order) to acquire an interest in the land; and (c) the acquiring authority enters on and takes possession of that land, the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

3

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973[^f00085] has effect subject to the modifications set out in sub-paragraph (2).

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

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

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

Application of Part 1 of the 1965 Act

4

Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 26 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 21 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 24 (compulsory acquisition of rights and imposition of restrictive covenants)—

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

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

5

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

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

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

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

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

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

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

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

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

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

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

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

• (5) Section 11[^f00086] (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 21), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A[^f00087] (powers of entry: further notices of entry), 11B[^f00088] (counter-notice requiring possession to be taken on specified date), 12[^f00089] (unauthorised entry) and 13[^f00090] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

• (6) Section 20[^f00091] (tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

• (7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 26(4) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

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

SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 27 (application of the 1981 Act) of the M60/M62/M66 Simister Island Interchange Development Consent Order 2025 in respect of the land to which the notice to treat relates. (2) But see article 28(3) (acquisition of subsoil or airspace only) of the M60/M62/M66 Simister Island Interchange Development Consent Order 2025 which excludes the acquisition of subsoil or airspace only from this Schedule. (2) In this Schedule, “house” includes any park or garden belonging to a house. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (5) On receiving a counter-notice, the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. (6) The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the proposed use of the right or covenant, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN