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

Type Statutory-Instrument

Publication 2025-09-09

Last updated 2025-12-16

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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

Statutory undertakers

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(1) Subject to the provisions of article 24(3) (compulsory acquisition of rights and imposition of restrictive covenants), Schedule 9 (protective provisions) and paragraph (2), the undertaker may—

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

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

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

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

(b) article 33 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

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(1) Where a street is stopped up under article 15 (permanent stopping up and restriction of use of streets, public rights of way and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 15 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) In this article—

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

(b) “statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation of chapter 1) of the Communications Act 2003⁷².

Crown rights

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(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 or any licensee—

(a) to take, use, enter upon or in any manner interfere with any land or rights of any description—

(i) 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;

(ii) belong to His Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

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

(b) to exercise any right under this Order compulsorily to acquire an interest in any land which is Crown Land (as defined in the 2008 Act) which is for the time being held otherwise than by or on behalf of the Crown without the consent in writing of the appropriate Crown authority (as defined in the 2008 Act).

(2) 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.

Recovery of costs of new connections

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(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 32 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 32, any person who is—

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

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

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

(3) This article does not have effect in relation to apparatus to which article 33 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this article—

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

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

PART 6 — OPERATIONS

Felling or lopping of trees and removal or management of hedgerows

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(1) Subject to paragraph (3), the undertaker may fell or lop any tree or shrub (except for any tree or shrub in ancient woodland) within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

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

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

(2) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (3), remove, cut back or manage any hedgerow within the Order limits as specified in column (5) of Schedule 8 (hedgerows to be removed or managed) that is required to be removed or managed.

(3) In carrying out any activity authorised by paragraphs (1) or (2), the undertaker must—

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

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

(c) take steps to avoid a breach of the provisions of the Wildlife and Countryside Act 1981⁷³ and the Conservation of Habitats and Species Regulations 2017⁷⁴ or any successor acts and regulations.

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

(5) In this article “hedgerow” includes a hedgerow to which the Hedgerow Regulations 1997⁷⁵ apply and includes important hedgerows.

PART 7 — MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

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(1) This article applies to—

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

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

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

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

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

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

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

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

Operational land for purposes of the 1990 Act

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Development consent granted by this Order is to be treated as a specific planning permission for the purposes of section 264(3) (cases in which land is to be treated as not being operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

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(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990⁷⁶ in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)⁷⁷ of that Act if the defendant shows that the nuisance—

(a) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974⁷⁸;

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

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

Protection of interests

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Schedule 9 (protective provisions) has effect.

Certification of plans and documents, etc.

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(1) The undertaker must, as soon as practicable after the making of this Order, submit copies of each of the plans and documents set out in Schedule 10 (certification of plans and documents, etc.) to the Secretary of State for certification as true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 10 requires amendment to accord with the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

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

Service of notices

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

(a) by post;

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

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978⁷⁹ as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(9) This article will not be taken to exclude the employment of any method of service not expressly provided for by it.

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

No double recovery

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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

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

Disapplication and modification of legislative provisions

45

The provisions of the Neighbourhood Planning Act 2017⁸⁰, 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 22⁸¹ (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 1971⁸²;

“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

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;

(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 1990⁸³.

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 2017⁸⁴; 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;

(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

(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

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