LegalizeThe A46 Newark Bypass Development Consent Order 2025
Work No. 126 - As shown on sheet 7 of the works plans, a temporary works area for soil stockpiling of 9,800 square metres north of Averham.
Work No. 127 - As shown on sheet 1 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 3,178 square metres south-west of the new Windmill Viaduct (Work No. 7).
Work No. 128 - As shown on sheet 1 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 204 square metres south-east of the new Windmill Viaduct (Work No. 7).
Work No. 2 - As shown on sheet 1 of the works plans, the alteration of Farndon Roundabout of 370 metres in length, including—
- (a) the construction of a third gyratory lane;
- (b) widening to the inside of the gyratory on the northern side of the roundabout; and
- (c) tie-in works to each arm of the roundabout.
Work No. 3 - As shown on sheet 1 of the works plans, resurfacing works to facilitate the temporary diversion of Newark Bridleway No. 2 of 520 metres in length, including the installation of temporary signage and gates.
Work No. 4 - As shown on sheets 1, 2 and 3 of the works plans, the construction of the new A46 dual carriageway through widening the existing A46 between Farndon Roundabout (on sheet 1) and Cattle Market Junction (on sheet 3) 2,000 metres in length, including—
- (a) the construction of two new lanes on the western side of the existing A46 to provide a new northbound carriageway;
- (b) alteration of the existing A46 carriageway; and
- (c) the construction of a new central reserve with a concrete barrier.
Work No. 5 - As shown on sheet 1 of the works plans, the construction of a retaining wall 95 metres in length for the northbound carriageway embankment of the A46 dual carriageway (Work No. 4).
Work No. 6 - As shown on sheet 1 of the works plans, the construction of a new access track 410 metres in length, including 240 metres of shared access track and footpath and 170 metres of shared access track and bridleway, commencing on Farndon Road, north-east of Farndon Roundabout.
Work No. 7 - As shown on sheet 1 of the works plans, the construction of a new bridge (the new Windmill Viaduct) to carry the new northbound carriageway of the A46 (Work No. 4) over the River Trent, parallel to the existing Windmill Viaduct.
Work No. 8 - As shown on sheets 1 and 2 of the works plans, the construction of a new access track 661 metres in length, commencing at the track to the west of the extension of the existing Farm Access Underpass (Work No. 20) (on sheet 2).
Work No. 9 - As shown on sheet 1 of the works plans, a temporary compound of 2,392 square metres in the centre of Farndon Roundabout.
Work No. 10 - As shown on sheet 1 of the works plans, a temporary works area to hold construction vehicles of about 1,700 square metres located west of Farndon Roundabout (Work No. 2).
Work No. 11 - As shown on sheet 1 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 4,700 square metres, north-west of the new Windmill Viaduct (Work No. 7).
Work No. 12A - As shown on sheets 1 and 2 of the works plans, borrow pits (Farndon West Borrow Pits Area) including access routes, utility protection slabs, water management, soil storage and material processing areas to the north-west of the new Windmill Viaduct (Work No. 7).
Work No. 12B - As shown on sheets 1 and 2 of the works plans, the restoration of the Farndon West Borrow Pits Area (Work No. 12A).
Work No. 12C - As shown on sheets 1 and 2 of the works plans, the restoration of the Farndon West Borrow Pits Area (Work No. 12A).
Work No. 13 - As shown on sheets 1 and 2 of the works plans, the construction of a floodplain compensation area (Farndon West Floodplain Compensation Area) and environmental mitigation to the north-west of the new Windmill Viaduct (Work No. 7) on sheet 1.
Work No. 14 - As shown on sheet 2 of the works plans, borrow pits (Farndon East Borrow Pits Area) including access routes, utility protection slabs, water management, soil storage and material processing areas to the north-east of existing Windmill Viaduct.
Work No. 15 - As shown on sheet 2 of the works plans, the construction of a floodplain compensation area (Farndon East Floodplain Compensation Area) and environmental mitigation to the north-east of existing Windmill Viaduct.
Work No. 16 - As shown on sheet 2 of the works plans, the construction of a new access track 495 metres in length, commencing at the existing A46 350 metres north of the existing Windmill Viaduct (on sheet 1).
Work No. 17 - As shown on sheet 2 of the works plans, the construction of an extension to the existing Pipe Culvert No. 5 under the new northbound carriageway of the A46 (Work No. 4).
Work No. 18 - As shown on sheet 2 of the works plans, the construction of attenuation basins and associated drainage infrastructure to the west of the new northbound carriageway of the A46 (Work No. 4) and south of the new access track (Work No. 16).
Work No. 19 - As shown on sheet 2 of the works plans, the construction of attenuation basins and associated drainage infrastructure to the east of the existing A46.
Work No. 20 - As shown on sheet 2 of the works plans, the construction of an extension to the existing Farm Access Underpass under the new northbound carriageway of the A46 (Work No. 4).
Work No. 21 - As shown on sheet 2 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 2,000 square metres north-east of the existing Farm Access Underpass.
Work No. 22 - As shown on sheet 2 of the works plans, the construction of attenuation basins and associated drainage infrastructure to the west of the new northbound carriageway of the A46 (Work No. 4) and north of the new access track (Work No. 16).
Work No. 23 - As shown on sheet 2 of the works plans, the construction of an extension to the existing Old Trent Dyke Culvert under the new northbound carriageway of the A46 (Work No. 4).
Work No. 24 - As shown on sheet 2 of the works plans, the construction of a new access track of 475 metres in length, commencing at the track to the north-west of the extension of the existing Farm Access Underpass (Work No. 20).
Work No. 25 - As shown on sheet 2 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage and cranage of 5,600 square metres south-west of the new Nottingham to Lincoln Railway Line West Crossing (Work No. 26).
Work No. 26 - As shown on sheet 2 of the works plans, the construction of a new bridge, parallel to the existing Nottingham to Lincoln Railway Line West Crossing, to carry the new northbound carriageway of the A46 (Work No. 4) over the railway line (the new Nottingham to Lincoln Railway Line West Crossing).
Work No. 27 - As shown on sheet 2 of the works plans, the construction of an access track 120 metres in length north-west of the existing Nottingham to Lincoln Railway Line West Crossing.
Work No. 28 - As shown on sheet 2 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage and cranage of 11,000 square metres north-west of the new Nottingham to Lincoln Railway Line West Crossing (Work No. 26).
Work No. 29 - As shown on sheets 2 and 3 of the works plans, the construction of an access track 650 metres in length north of the existing Nottingham to Lincoln Railway Line West Crossing, commencing at the new access track (Work No. 27).
Work No. 30 - As shown on sheet 3 of the works plans, the construction of attenuation basins and associated drainage infrastructure to the west of the new northbound carriageway of the A46 (Work No. 4).
Work No. 31 - As shown on sheet 3 of the works plans, the construction of an extension to the existing Pipe Culvert No. 7 under the new northbound carriageway of the A46 (Work No. 4) and the new access track (Work No. 29).
Work No. 32 - As shown on sheet 3 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure to the west of the new northbound carriageway of the A46 (Work No. 4).
Work No. 33 - As shown on sheet 3 of the works plans, the construction of the new A46 dual carriageway between the Cattle Market Junction and the existing Nottingham to Lincoln Railway Line East Crossing, 1,060 metres in length, including a concrete barrier in the central reserve.
Work No. 34 - As shown on sheet 3 of the works plans, the construction of the A46 northbound off-slip to the Cattle Market Junction, 455 metres in length.
Work No. 35 - As shown on sheet 3 of the works plans, the construction of a retaining wall of 55 metres in length to retain the embankment of the A46 dual carriageway (Work No. 33).
Work No. 36 - As shown on sheet 3 of the works plans, the construction of the A46 southbound on-slip from the Cattle Market Junction, 355 metres in length.
Work No. 37 - As shown on sheet 3 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure to the south of the A46 southbound on-slip road from the Cattle Market Junction (Work No. 36).
Work No. 38 - As shown on sheet 3 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure to the north of the A46 northbound off-slip road to the Cattle Market Junction (Work No. 34).
Work No. 39A - As shown on sheet 3 of the works plans, the construction of a retaining wall of 315 metres in length to accommodate the Cattle Market Junction grade separation.
Work No. 39B - As shown on sheet 3 of the works plans, the construction of a retaining wall of 243 metres in length to accommodate the Cattle Market Junction grade separation.
Work No. 39C - As shown on sheet 3 of the works plans, the construction of a retaining wall of 80 metres in length to accommodate the Cattle Market Junction grade separation.
Work No. 39D - As shown on sheet 3 of the works plans, the construction of a retaining wall of 80 metres in length to accommodate the Cattle Market Junction grade separation.
Work No. 39E - As shown on sheet 3 of the works plans, the construction of a retaining wall of 202 metres in length to accommodate the Cattle Market Junction grade separation.
Work No. 39F - As shown on sheet 3 of the works plans, the construction of a retaining wall of 212 metres in length to accommodate the Cattle Market Junction grade separation.
Work No. 40 - As shown on sheet 3 of the works plans, the construction of the Cattle Market Junction Circulatory, 390 metres in length, including—
- (a) a cycle track comprised in the highway between the realigned A617 (Work No. 42) and altered B6326 Great North Road (Work No. 49);
- (b) the removal of the existing Cattle Market roundabout; and
- (c) the demolition of the existing maintenance shed.
Work No. 41 - As shown on sheet 3 of the works plans, the construction of the Cattle Market West Bridge to carry the A46 dual carriageway between the Cattle Market Junction and the existing Nottingham to Lincoln Railway Line East Crossing (Work No. 33).
Work No. 42 - As shown on sheet 3 of the works plans, the realignment of the A617 Micklebarrow Hill to tie into the Cattle Market Junction Circulatory (Work No. 40) of 205 metres in length, including a cycle track of 30 metres in length at the Cattle Market Junction.
Work No. 43 - As shown on sheet 3 of the works plans, the construction of an extension to the existing culvert under the realigned A617 (Work No. 42).
Work No. 44 - As shown on sheet 3 of the works plans, the construction of highway underground storm water attenuation within the Cattle Market Junction Circulatory (Work No. 40) to the north of the new A46 dual carriageway between the Cattle Market Junction and the existing Nottingham to Lincoln Railway Line East Crossing (Work No. 33).
Work No. 45 - As shown on sheet 3 of the works plans, the realignment of the A616 Great North Road to tie into the Cattle Market Junction Circulatory (Work No. 40) of 70 metres in length, including a cycle and pedestrian crossing and associated cycle track.
Work No. 46 - As shown on sheet 3 of the works plans, the construction of an extension on the western side of the existing causeway arches, known as “Smeaton’s Arches”, to accommodate the realigned A616 Great North Road (Work No. 45).
Work No. 47 - As shown on sheet 3 of the works plans, a temporary works area with a hardstanding area and small welfare unit of 1,600 square metres north-west of the extension to Smeaton’s Arches (Work No. 46).
Work No. 48 - As shown on sheet 3 of the works plans, the construction of the Cattle Market East Bridge to carry the A46 dual carriageway between the Cattle Market Junction and the existing Nottingham to Lincoln Railway Line East Crossing (Work No. 33).
Work No. 49 - As shown on sheet 3 of the works plans, the alteration of the B6326 Great North Road to tie into the Cattle Market Junction Circulatory (Work No. 40) of 250 metres in length, including—
- (a) the widening of the existing carriageway;
- (b) a cycle track comprised in the highway of 250 metres in length leading south from the Cattle Market Junction;
- (c) a cycle and pedestrian crossing; and
- (d) the formation of means of access to adjoining land.
Work No. 50A - As shown on sheet 3 of the works plans, the construction of an extension to the south of the existing Flood Relief Culvert under the existing Cattle Market Roundabout to carry the Cattle Market Junction Circulatory (Work No. 40).
Work No. 50B - As shown on sheet 3 of the works plans, the construction of an extension to the north of the existing Flood Relief Culvert under the existing Cattle Market Roundabout to carry the Cattle Market Junction Circulatory (Work No. 40).
Work No. 51 - As shown on sheet 3 of the works plans, the construction of the A46 southbound off-slip road to the Cattle Market Junction 240 metres in length, including a cycle and pedestrian crossing and a cycle track comprised in the highway.
Work No. 52 - As shown on sheet 3 of the works plans, the construction of the A46 northbound on-slip road from the Cattle Market Junction 305 metres in length, including a cycle and pedestrian crossing and a cycle track comprised in the highway.
Work No. 53 - As shown on sheet 3 of the works plans, a temporary compound of 19,000 square metres south-west of the B6326 Great North Road.
Work No. 54 - As shown on sheet 3 of the works plans, the construction of an access track 375 metres in length, commencing at the A616 Great North Road.
Work No. 55 - As shown on sheet 3 of the works plans, the construction of attenuation basins, associated drainage infrastructure and access tracks to the north of the A46 northbound on-slip road from the Cattle Market Junction (Work No. 52).
Work No. 56 - As shown on sheets 3, 4, and 5 of the works plans, the construction of the new A46 dual carriageway through widening the existing A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (on sheet 5), 1,650 metres in length, including—
- (a) the construction of two new lanes on the western side of the existing A46 to provide a new northbound carriageway;
- (b) alteration of the existing A46 carriageway; and
- (c) the construction of a new central reserve with a concrete barrier.
Work No. 57 - As shown on sheet 4 of the works plans, the construction of an extension to the existing Pipe Culvert No. 12 under the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).
Work No. 58 - As shown on sheet 4 of the works plans, the widening of the existing Nottingham to Lincoln Railway Line East Crossing to facilitate the new northbound carriageway of the A46 (Work No. 56).
Work No. 59 - As shown on sheet 4 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 850 square metres north of the existing Nottingham to Lincoln Railway Line East Crossing.
Work No. 60 - As shown on sheet 4 of the works plans, the construction of a retaining wall 420 metres in length to support the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).
Work No. 61 - As shown on sheet 4 of the works plans, the construction of an access track (the Nether Lock access track) 550 metres in length commencing at the existing access track on the north bank of the River Trent.
Work No. 62 - As shown on sheet 4 of the works plans, a temporary construction compound of 8,500 square metres east of the existing Nether Lock Viaduct and the River Trent.
Work No. 63 - As shown on sheet 4 of the works plans, the construction of a temporary bridge over the River Trent to accommodate the movement of construction plant and materials between the temporary construction compound (Work No. 62) and the authorised development.
Work No. 64 - As shown on sheet 4 of the works plans, the construction of a new bridge (the new Nether Lock Rail Bridge) parallel to the existing Nether Lock Viaduct to carry the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56) over the River Trent.
Work No. 65 - As shown on sheet 4 of the works plans, a temporary works area with office and welfare units and hardstanding areas for bridge fabrication, material and plant storage of 7,000 square metres under and north-west of the existing Nether Lock Viaduct.
Work No. 66 - As shown on sheet 4 of the works plans, the construction of an access track 110 metres in length commencing at the Nether Lock access track (Work No. 61) to provide access to the existing hydroelectric power station.
Work No. 67 - As shown on sheet 4 of the works plans, the construction of attenuation basins and associated drainage infrastructure, east of the existing Nether Lock Viaduct.
Work No. 68 - As shown on sheet 4 of the works plans, a temporary works area with office and welfare units of 500 square metres north-west of the new Nether Lock Rail Bridge (Work No. 64).
Work No. 69 - As shown on sheet 4 of the works plans, the construction of an access track 210 metres in length and passing place commencing at Quibell’s Lane.
Work No. 70 - As shown on sheet 4 of the works plans, the construction of an extension to the existing Sewage Treatment Works Underpass under the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).
Work No. 71 - As shown on sheet 4 of the works plans, a temporary compound of 23,000 square metres south of the existing A46.
Work No. 72 - As shown on sheet 4 of the works plans the construction of a retaining wall (240 metres in length) for the embankment of the A46 southbound carriageway.
Work No. 73 - As shown on sheet 4 of the works plans, the construction of an extension to the existing Pipe Culvert No. 16 under the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).
Work No. 74 - As shown on sheets 4 and 5 of the works plans, the construction of attenuation basins, access tracks and associated drainage infrastructure north of the new northbound carriageway of the A46 between the existing Nottingham to Lincoln Railway Line East Crossing and Brownhills Junction (Work No. 56).
Work No. 75 - As shown on sheets 4 and 5 of the works plans, the construction of an access track 550 metres in length commencing on Winthorpe Road.
Work No. 76 - As shown on sheet 5 of the works plans, the construction of the new A46 dual carriageway on an embankment through the new Brownhills Junction, 1,040 metres in length, including a concrete barrier in the central reserve.
Work No. 77A - As shown on sheet 5 of the works plans, borrow pits including access routes, utility protection slabs, water management, soil storage and material processing areas (the Brownhills Borrow Pits Area) to the west of Brownhills Junction.
Work No. 77B - As shown on sheet 5 of the works plans the restoration of the Brownhills Borrow Pits Area (Work No. 77A).
Work No. 78 - As shown on sheet 5 of the works plans, the construction of the A46 southbound on-slip road from the Brownhills Roundabout, 620 metres in length.
Work No. 79 - As shown on sheet 5 of the works plans, the construction of the A46 northbound off-slip road to the new Brownhills Junction Roundabout (Work No. 83), 250 metres in length.
Work No. 80 - As shown on sheet 5 of the works plans, the construction of a new cycle track comprising a highway of 50 metres in length.
Work No. 81 - As shown on sheet 5 of the works plans, the construction of a new cycle track comprising a highway of 145 metres in length.
Work No. 82 - As shown on sheet 5 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure between the A46 southbound on-slip road from the Brownhills Roundabout (Work No. 78) and the new A46 dual carriageway through the new Brownhills Junction (Work No. 76).
Work No. 83 - As shown on sheet 5 of the works plans, the construction of the new Brownhills Junction Roundabout, 170 metres in length.
Work No. 84 - As shown on sheet 5 of the works plans, the construction of a new link between the new Brownhills Junction Roundabout (Work No. 83) and Winthorpe Road of 60 metres in length.
Work No. 85 - As shown on sheet 5 of the works plans, a temporary works area with welfare units and hardstanding areas for fabrication of the A1 bridge deck and material and plant storage of 12,800 square metres in the same location as the new Brownhills Junction Roundabout (Work No. 83).
Work No. 86 - As shown on sheet 5 of the works plans, the construction of the Brownhills Underbridge to carry the new A46 dual carriageway through the new Brownhills Junction (Work No. 76) over the Brownhills Junction Link Road (Work No. 87).
Work No. 87 - As shown on sheet 5 of the works plans, the construction of the Brownhills Junction Link Road, 300 metres in length, to connect the Brownhills Roundabout with the new Brownhills Junction Roundabout (Work No. 83).
Work No. 88 - As shown on sheet 5 of the works plans, the construction of a new right turn connection from the A46 southbound on-slip road from the Brownhills Roundabout (Work No. 78) to the Brownhills Junction Link Road (Work No. 87).
Work No. 89 - As shown on sheet 5 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure south-east of the Brownhills Underbridge (Work No. 86).
Work No. 90 - As shown on sheet 5 of the works plans, the construction of a new bridge (the new A1 Crossing) to carry the new A46 dual carriageway through the new Brownhills Junction (Work No. 76) over the existing A1 dual carriageway.
Work No. 91 - As shown on sheet 5 of the works plans, the construction of a new cycle track comprising a highway of 520 metres in length passing beneath the new A1 Crossing (Work No. 90).
Work No. 92 - As shown on sheet 5 of the works plans, a temporary works area with welfare units and hardstanding areas for material and plant storage of 850 square metres south-east of the new A1 Crossing (Work No. 90).
Work No. 93 - As shown on sheet 5 of the Work plans, the construction of a new track to be used jointly as a cycle track comprising a highway and as an access track of 415 metres in length commencing at the north-eastern end of the cycle track comprising a highway (Work No. 91).
Work No. 94A - As shown on sheet 5 of the works plans, the construction of an embankment between the shared access track and cycle track (Work No. 93) and the new A46 dual carriageway through the new Brownhills Junction (Work No. 76).
Work No. 94B - As shown on sheet 5 of the works plans, the construction of an embankment between the shared access track and cycle track (Work No. 93) and the new A46 dual carriageway (Work No. 100).
Work No. 94C - As shown on sheets 5 and 6 of the works plans, the construction of an embankment between the shared access track and cycle track (Work No. 93) and the new dual carriageway (Work No. 100).
Work No. 95 - As shown on sheet 5 of the works plans, the construction of the A46 northbound off-slip road to the service area, 150 metres in length, including the demolition of the former Mint Leaf restaurant.
Work No. 96 - As shown on sheet 5 of the works plans, the construction of an extension of to the existing Bleach House Culvert to carry the new A46 dual carriageway through the new Brownhills Junction (Work No. 76) and the A46 northbound off-slip road to the service area (Work No. 95).
Work No. 97 - As shown on sheet 5 of the works plans, the construction of a new culvert to carry the new shared access track and cycle track (Work No. 93) across the Fleet Ditch.
Work No. 98 - As shown on sheet 5 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure, west of the A46 northbound off-slip road to the service area (Work No. 95).
Work No. 99 - As shown on inset A of sheet 5 of the works plans, a temporary construction compound of 3,300 square metres to the north and south of the A46 northbound off-slip road to the service area (Work No. 95).
Work No. 100 - As shown on sheets 5 and 6 of the works plans, works to improve the existing A46 dual carriageway including the installation of new highway drainage between a point 450 metres north of the A1 Crossing (Work No. 90) and the new Winthorpe Roundabout (Work No. 108).
Work No. 101 - As shown on sheet 5 of the works plans the construction of the A46 northbound on-slip road from the service area, 180 metres in length.
Work No. 102 - As shown on sheet 5 of the works plans, the construction of a new cycle track comprising a highway of 360 metres in length commencing at the new Friendly Farmer Link Road (Work No. 104).
Work No. 103 - As shown on sheet 5 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure north of the A46 northbound on-slip road from the service area (Work No. 101).
Work No. 104 - As shown on sheets 5 and 6 of the works plans, the construction of a new road (the Friendly Farmer Link Road) between the Friendly Farmer Roundabout and the new Winthorpe Roundabout (Work No. 108) of 1,080 metres in length, including—
- (a) tie-in works to the Friendly Farmer Roundabout;
- (b) the construction of an access to the service station adjacent to the Friendly Farmer Roundabout;
- (c) the construction of an access to the Newark Showground;
- (d) tie-in works to the new Winthorpe Roundabout (Work No. 108); and
- (e) the construction of a new concrete barrier.
Work No. 105 - As shown on sheets 5 and 6 of the works plans, the construction of a cycle track comprising a highway of 375 metres in length commencing at the realigned A1133 (Work No. 109).
Work No. 106 - As shown on sheets 5 and 6 of the works plans, a temporary works area for laydown of construction materials and plant of 12,600 square metres south of the new Winthorpe Roundabout (Work No. 108).
Work No. 107 - As shown on sheet 6 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure south-west of the new Winthorpe Roundabout (Work No. 108).
Work No. 108 - As shown on sheet 6 of the works plans, the construction of the new Winthorpe Roundabout, 350 metres in length, including new gyratory lanes and tie-in works to the roads joining the roundabout.
Work No. 109 - As shown on sheet 6 of the works plans, the realignment of the A1133 Newark Road, 320 metres in length, to connect to the new Winthorpe Roundabout (Work No. 108).
Work No. 110 - As shown on sheet 6 of the works plans, the construction of a new access track of 415 metres in length to the realigned A1133 (Work No. 109).
Work No. 111 - As shown on sheet 6 of the works plans, a temporary area for material lay-down and soil stockpiling of 24,000 square metres directly north of the new Winthorpe Roundabout (Work No. 108).
Work No. 112A - As shown on sheet 6 of the works plans, the construction of an embankment north-west of the new Winthorpe Roundabout (Work No. 108).
Work No. 112B - As shown on sheet 6 of the works plans, the construction of an embankment north of the realigned A1133 (Work No. 109).
Work No. 113 - As shown on sheet 6 of the works plans, the construction of attenuation basins, access track and associated drainage infrastructure north of the new Winthorpe Roundabout (Work No. 108).
Work No. 114 - As shown on sheet 6 of the works plans, a temporary construction compound of 3,900 square metres east of the new Winthorpe Roundabout (Work No. 108).
Work No. 115 - As shown on sheet 6 of the works plans, the realignment of Drove Lane, 185 metres in length, to tie into the new Winthorpe Roundabout (Work No. 108).
Work No. 116 - As shown on sheet 6 of the works plans, the construction of a new sign gantry at the new Winthorpe Roundabout (Work No. 108).
Work No. 117 - As shown on sheet 6 of the works plans, the construction of an access track of 585 metres in length commencing at the realigned Drove Lane (Work No. 115).
Work No. 118 - As shown on sheet 6 of the works plans, the construction of through lanes of 100 metres in length to accommodate the new layout of the new Winthorpe Roundabout (Work No. 108).
Work No. 119 - As shown on sheet 6 of the works plans, works to tie into the existing A46 and new Winthorpe Roundabout (Work No. 108) of 205 metres in length.
Work No. 120 - As shown on sheet 6 of the works plans, a temporary area for material lay-down and soil stockpiling of 14,000 square metres north-east of the new Winthorpe Roundabout (Work No. 108).
Work No. 121 - As shown on sheet 6 of the works plans, the construction of a cantilever sign gantry over the southbound carriageway of the existing A46 east of the new Winthorpe Roundabout (Work No. 108).
Work No. 122 - As shown on sheet 7 of the works plans, the construction of an access track of 25 metres in length commencing at the A617 Micklebarrow Hill.
Work No. 123 - As shown on sheet 7 of the works plans, the construction of an access track of 550 metres in length, connected to Work No. 122.
Work No. 124 - As shown on sheet 7 of the works plans, the construction of a new drainage culvert of 25 metres in length under the A617 Micklebarrow Hill.
Work No. 125 - As shown on sheet 7 of the works plans, the construction of a flood plain compensation area (the Kelham and Averham Flood Compensation Area) to the north of Averham.
Work No. 126 - As shown on sheet 7 of the works plans, a temporary works area for soil stockpiling of 9,800 square metres north of Averham.
Work No. 127 - As shown on sheet 1 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 3,178 square metres south-west of the new Windmill Viaduct (Work No. 7).
Work No. 128 - As shown on sheet 1 of the works plans, a temporary works area with welfare units and hardstanding areas for material storage of 204 square metres south-east of the new Windmill Viaduct (Work No. 7).
Utilities Works
Work No. U1 - As shown on sheet 1 of the utilities works plans, the diversion of low voltage electric cables of 22 metres in length north of the Farndon Underpass.
Work No. U2 - As shown on sheet 2 of the utilities works plans, the diversion of electricity overhead 33kV distribution cables.
Work No. U3 - As shown on sheet 2 of the utilities works plans, the diversion of overhead 11kV electricity distribution cables to underground buried cable to the south of the Nottingham to Lincoln Railway.
Work No. U4 - As shown on sheet 2 of the utilities works plans, the diversion of electronic communications equipment.
Work No. U5 - As shown on sheet 3 of the utilities works plans, the diversion of a medium pressure gas main north of Newark Cricket Ground.
Work No. U6 - As shown on sheet 3 of the utilities works plans, the diversion of water pipes north of Newark Cricket Ground.
Work No. U7 - As shown on sheet 3 of the utilities works plans, the diversion of low voltage cables and electronic communications equipment North of Newark Cricket Ground and at the Cattle Market Junction.
Work No. U8 - As shown on sheet 3 of the utilities works plans, the diversion of low voltage cables and electronic communications equipment at the Cattle Market Junction.
Work No. U9 - As shown on sheet 3 of the utilities works plans, the diversion of electronic communications equipment at the Cattle Market Junction.
Work No. U10 - As shown on sheet 3 of the utilities works plans, the diversion of low voltage cables and 11kV electricity distribution cables at the Cattle Market Junction.
Work No. U11 - As shown on inset A of sheet 4 of the utilities works plans, the diversion of electronic communications equipment under the Nether Lock Viaduct.
Work No. U12 - As shown on sheet 4 of the utilities works plans, the diversion of 11kV electricity cables under the Nether Lock Viaduct.
Work No. U13 - As shown on sheet 4 of the utilities works plans, the diversion of high voltage electricity distribution cables under the Nether Lock Viaduct.
Work No. U14 - As shown on sheet 4 of the utilities works plans, the diversion of electronic communications equipment at the Sewage Treatment Works Underpass.
Work No. U15 - As shown on sheet 4 of the utilities works plans, the potential protection or diversion of electricity distribution cables north-east of the Sewage Treatment Works Underpass.
Work No. U16 - As shown on sheets 4 and 5 of the utilities works plans, the potential protection or diversion of a sewer north and west of Pipe Culvert No. 16.
Work No. U17 - As shown on inset A of sheet 5 of the utilities works plans, the diversion of a water pipe at Winthorpe Road.
Work No. U18 - As shown on sheet 5 of the utilities works plans, the diversion of medium pressure gas main at Winthorpe Road and the Brownhills Underbridge.
Work No. U19 - As shown on inset A of sheet 5 of the utilities works plans, the diversion of electricity cables at Winthorpe Road and the Brownhills Underbridge.
Work No. U20 - As shown on sheet 5 of the utilities works plans, the diversion of electronic communications equipment at Winthorpe Road and the Brownhills Underbridge.
Work No. U21 - As shown on sheets 5 and 6 of the utilities works plans, the diversion of electronic communications equipment between Friendly Farmer Roundabout and the new Winthorpe Roundabout.
Work No. U22 - As shown on inset B of sheet 5 of the utilities works plans, the diversion of water pipe north of the Friendly Farmer Roundabout.
Work No. U23 - As shown on sheets 5 and 6 of the utilities works plans, the diversion of electronic communications equipment between the Friendly Farmer Roundabout and the new Winthorpe Roundabout.
Work No. U24 - As shown on sheets 5 and 6 of the utilities works plans, the diversion of 11kV overhead electricity distribution cables between the Friendly Farmer Roundabout and the new Winthorpe Roundabout.
Work No. U25 - As shown on sheet 6 of the utilities works plans, the diversion of electronic communications equipment at the new Winthorpe Roundabout.
Work No. U26 - As shown on sheet 6 of the utilities works plans, the diversion of electronic communications equipment at the new Winthorpe Roundabout starting at the A1133 ....
Work No. U27 - As shown on sheet 6 of the utilities works plans, the diversion of apparatus for electronic communications equipment north of the new Winthorpe Roundabout.
Work No. U28 - As shown on inset A of sheet 6 of the utilities works plans, the diversion of electricity cables at the new Winthorpe Roundabout.
Work No. U29 - As shown on sheet 7 of the utilities works plans, the diversion of electricity cables in the A617 Main Road of Averham.
Work No. U30 - As shown on sheet 7 of the utilities works plans, the diversion of overhead electricity distribution cables north of Averham.
Work No. U31 - As shown on inset A of sheet 7 of the utilities works plans, the diversion of electronic communications equipment in the A617 Main Road of Averham.
Work No. U32 - As shown on inset B of sheet 7 of the utilities works plans, the diversion of a medium pressure gas main in the A617 Main Road of Averham.
Work No. U33 - As shown on inset C of sheet 7 of the utilities works plans, the diversion of water pipe in the A617 Main Road of Averham.
Work No. U2 - As shown on sheet 2 of the utilities works plans, the diversion of electricity overhead 33kV distribution cables.
Work No. U3 - As shown on sheet 2 of the utilities works plans, the diversion of overhead 11kV electricity distribution cables to underground buried cable to the south of the Nottingham to Lincoln Railway.
Work No. U4 - As shown on sheet 2 of the utilities works plans, the diversion of electronic communications equipment.
Work No. U5 - As shown on sheet 3 of the utilities works plans, the diversion of a medium pressure gas main north of Newark Cricket Ground.
Work No. U6 - As shown on sheet 3 of the utilities works plans, the diversion of water pipes north of Newark Cricket Ground.
Work No. U7 - As shown on sheet 3 of the utilities works plans, the diversion of low voltage cables and electronic communications equipment North of Newark Cricket Ground and at the Cattle Market Junction.
Work No. U8 - As shown on sheet 3 of the utilities works plans, the diversion of low voltage cables and electronic communications equipment at the Cattle Market Junction.
Work No. U9 - As shown on sheet 3 of the utilities works plans, the diversion of electronic communications equipment at the Cattle Market Junction.
Work No. U10 - As shown on sheet 3 of the utilities works plans, the diversion of low voltage cables and 11kV electricity distribution cables at the Cattle Market Junction.
Work No. U11 - As shown on inset A of sheet 4 of the utilities works plans, the diversion of electronic communications equipment under the Nether Lock Viaduct.
Work No. U12 - As shown on sheet 4 of the utilities works plans, the diversion of 11kV electricity cables under the Nether Lock Viaduct.
Work No. U13 - As shown on sheet 4 of the utilities works plans, the diversion of high voltage electricity distribution cables under the Nether Lock Viaduct.
Work No. U14 - As shown on sheet 4 of the utilities works plans, the diversion of electronic communications equipment at the Sewage Treatment Works Underpass.
Work No. U15 - As shown on sheet 4 of the utilities works plans, the potential protection or diversion of electricity distribution cables north-east of the Sewage Treatment Works Underpass.
Work No. U16 - As shown on sheets 4 and 5 of the utilities works plans, the potential protection or diversion of a sewer north and west of Pipe Culvert No. 16.
Work No. U17 - As shown on inset A of sheet 5 of the utilities works plans, the diversion of a water pipe at Winthorpe Road.
Work No. U18 - As shown on sheet 5 of the utilities works plans, the diversion of medium pressure gas main at Winthorpe Road and the Brownhills Underbridge.
Work No. U19 - As shown on inset A of sheet 5 of the utilities works plans, the diversion of electricity cables at Winthorpe Road and the Brownhills Underbridge.
Work No. U20 - As shown on sheet 5 of the utilities works plans, the diversion of electronic communications equipment at Winthorpe Road and the Brownhills Underbridge.
Work No. U21 - As shown on sheets 5 and 6 of the utilities works plans, the diversion of electronic communications equipment between Friendly Farmer Roundabout and the new Winthorpe Roundabout.
Work No. U22 - As shown on inset B of sheet 5 of the utilities works plans, the diversion of water pipe north of the Friendly Farmer Roundabout.
Work No. U23 - As shown on sheets 5 and 6 of the utilities works plans, the diversion of electronic communications equipment between the Friendly Farmer Roundabout and the new Winthorpe Roundabout.
Work No. U24 - As shown on sheets 5 and 6 of the utilities works plans, the diversion of 11kV overhead electricity distribution cables between the Friendly Farmer Roundabout and the new Winthorpe Roundabout.
Work No. U25 - As shown on sheet 6 of the utilities works plans, the diversion of electronic communications equipment at the new Winthorpe Roundabout.
Work No. U26 - As shown on sheet 6 of the utilities works plans, the diversion of electronic communications equipment at the new Winthorpe Roundabout starting at the A1133 Newark Road.
Work No. U27 - As shown on sheet 6 of the utilities works plans, the diversion of apparatus for electronic communications equipment north of the new Winthorpe Roundabout.
Work No. U28 - As shown on inset A of sheet 6 of the utilities works plans, the diversion of electricity cables at the new Winthorpe Roundabout.
Work No. U29 - As shown on sheet 7 of the utilities works plans, the diversion of electricity cables in the A617 Micklebarrow Hill north-east of Averham.
Work No. U30 - As shown on sheet 7 of the utilities works plans, the diversion of overhead electricity distribution cables north of Averham.
Work No. U31 - As shown on inset A of sheet 7 of the utilities works plans, the diversion of electronic communications equipment in the A617 Micklebarrow Hill north-east of Averham.
Work No. U32 - As shown on inset B of sheet 7 of the utilities works plans, the diversion of a medium pressure gas main in the A617 Micklebarrow Hill north-east of Averham.
Work No. U33 - As shown on inset C of sheet 7 of the utilities works plans, the diversion of water pipe in the A617 Micklebarrow Hill north-east of Averham.
Other associated development
For the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development within the Order limits which does not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement, consisting of—
- (a) alteration to the layout of any street permanently or temporarily, including but not limited to—
- (i) increasing or reducing the width of the carriageway of the street by reducing or increasing the width of any kerb, footpath, footway, cycle track or verge within the street; and
- (ii) altering the level of any such kerb, footpath, footway, cycle track or verge;
- (b) works required for the strengthening, improvement, maintenance or reconstruction of any street;
- (c) parking laybys and emergency laybys;
- (d) refurbishment works to any existing bridge;
- (e) the strengthening, alteration or demolition of any building or highway bridge or structure;
- (f) ramps, means of access, non-motorised links, footpaths, cycle tracks and crossing facilities;
- (g) embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, barriers, pumping stations, parapets, drainage, attenuation tanks, outfalls, ditches, wing walls, highway lighting, gantries, fencing and culverts;
- (h) street works, including—
- (i) breaking up or opening up a street or any sewer, drain or tunnel under it; and
- (ii) tunnelling or boring under a street;
- (i) works to place, alter, divert, relocate, protect, maintain, decommission or remove street furniture, traffic signals and apparatus in a street or other land, including mains, sewers, drains, tanks, pipes, cables, connections, ducts, conduits and lights, CCTV, radar and traffic detection equipment and speed cameras;
- (j) works to alter the course of or otherwise interfere with a watercourse;
- (k) landscaping, noise and visual bunds and barriers, works associated with the provision of ecological mitigation (including artificial badger setts) and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;
- (l) works for the benefit or protection of land and apparatus affected by the authorised development;
- (m) site preparation works, including—
- (i) site clearance, including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpath; and
- (ii) earthworks, including soil stripping and storage, site levelling; and
- (iii) remediation of contamination;
- (n) the felling of trees;
- (o) the establishment of construction compounds and working sites, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, construction lighting, haulage roads, protective works to apparatus and other buildings, machinery, apparatus, works and conveniences;
- (p) the provision of other works, including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures, temporary roads, temporary widening of carriageways and such other works as are associated with the construction of the authorised development;
- (q) temporary crossings of footpaths, bridleways, footways, cycle tracks, carriageways and watercourses with associated plant crossings or bridging structures (at grade or grade separated);
- (r) pumping for the purposes of dewatering excavations (including borrow pits) and the management of surface water flows and temporary storage, settlement and treatment of surface water flows;
- (s) removal of surfaces for closed or redundant carriageways, accesses or streets; and
- (t) such other works, working sites, storage areas and works of demolition as may be necessary or expedient for the purposes of or ancillary to the construction of the authorised development.
SCHEDULE 2 — REQUIREMENTS
PART 1 — REQUIREMENTS
Interpretation
1
In this Schedule—
- “archaeological management plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the archaeological management plan for the purposes of this Order;
- “archaeological mitigation strategy” means Chapter 6 of the archaeological management plan;
- “contaminated land” has the same meaning as that given in section 78A[^f00110] of the Environmental Protection Act 1990;
- “design principles” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the design principles for the purposes of this Order;
- “DMRB” means the Design Manual for Roads and Bridges, which accommodates all current standards, advice and other documents relating to the design, assessment and operation of trunk roads and motorways, or any equivalent replacement to the DMRB published;
- “environmental masterplan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the environmental masterplan for the purposes of this Order;
- “First Iteration EMP” means the first iteration of the environmental management plan produced in accordance with the DMRB during the preliminary design stage, listed in Schedule 10 (documents to be certified) and certified as the First Iteration EMP by the Secretary of State for the purposes of this Order;
- “flood risk assessment” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the flood risk assessment for the purposes of this Order;
- “Natural England” means the body of that name created by the Natural Environment and Rural Communities Act 2006[^f00111] or any successor in function to it;
- “Second Iteration EMP” means the second iteration of the environmental management plan produced in accordance with the DMRB which is to be a refined version of, and substantially in accordance with, the First Iteration EMP including more detailed versions of the outline plans and method statements contained or listed within the First Iteration EMP or any other plans required;
- “Third Iteration EMP” means the third iteration of the environmental management plan produced in accordance with the DMRB containing detailed plans relating to the operational and maintenance phase of the authorised development substantially in accordance with the First Iteration EMP and Second Iteration EMP.
Time limits
2
The authorised development must not begin later than the expiration of 5 years beginning with the date on which this Order comes into force.
Second Iteration EMP
3
- (1) No part of the authorised development is to commence until the Second Iteration EMP for that part, 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, Natural England and the Environment Agency on matters related to their statutory functions.
- (2) The Second Iteration EMP for a part of the authorised development must be produced in accordance with DMRB and so far as is relevant to that part of the authorised development, must reflect the mitigation measures required by the REAC and set out in the environmental statement and must include the following management plans and method statements as are applicable to the part of the authorised development to which it relates—
- (a) Site Waste Management Plan;
- (b) Materials Management Plan;
- (c) Soils Management Plan;
- (d) Arboricultural Method Statement;
- (e) Air Quality and Dust Management Plan;
- (f) Noise and Vibration Management Plan;
- (g) Energy and Resource Use Management Plan;
- (h) Biodiversity Net Gain Management and Monitoring Plan;
- (i) Biodiversity Net Gain Audit Report;
- (j) Invasive Non-Native Species Management Plan and Bio-Security Risk Assessment, including an Invasive Non-Native Species Method Statement;
- (k) Landscape and Ecological Management Plan;
- (l) Construction Communications Management Plan;
- (m) Pollution Prevention Management Plan;
- (n) Erosion and Sediment Management Plan;
- (o) Carbon Management Plan;
- (p) Emergency Response Plan for Flood Events;
- (q) Education, Employment and Skills Plan;
- (r) Inclusion Action Plan;
- (s) Construction Worker Travel and Accommodation Plan;
- (t) Badger Method Statement;
- (u) Piling Works Method Statement;
- (v) Earthworks Method Statement;
- (w) Topsoil Strip Method Statement;
- (x) Storage of Oil, Fuel and Other Potentially Hazardous Substances Method Statement;
- (y) Designated Refuelling and Maintenance Areas and Concrete Batching Method Statement;
- (z) Welfare of Staff Method Statement; and
- (aa) Dewatering Management Plan.
- (3) The authorised development must be constructed in accordance with the Second Iteration EMP.
- (4) In this paragraph, “REAC” means the register of environmental actions and commitments contained in the First Iteration EMP.
Third Iteration EMP
4
- (1) Following completion of construction of the authorised development the Third Iteration EMP must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority, Natural England and the Environment Agency on matters related to their statutory functions.
- (2) The authorised development must be operated and maintained in accordance with the Third Iteration EMP.
Construction hours
5
- (1) Construction work for the authorised development must only take place between 0700 hours and 1800 hours Monday to Friday, and 08:00 hours to 13:00 hours on Saturdays, with no activity on Sundays or bank holidays, except as specified in sub-paragraphs (2), (3), (4) and (5).
- (2) Except where they relate to the activities specified in sub-paragraphs (3) and (4), the following activities may not take place between the hours of 07:00 and 07:30—
- (a) starting or use of construction plant;
- (b) loading and unloading of construction vehicles; and
- (c) delivery of materials.
- (3) Outside the hours and days specified in sub-paragraph (1), construction work may be undertaken with the prior written consent of the relevant planning authority for activities comprising—
- (a) bridge installation works to the new bridge structures;
- (b) removal of the existing signal gantries and the installation of new gantry structures;
- (c) highway tie-in works and installation of temporary and permanent road markings;
- (d) installation of signs and streetlights adjacent to live carriageways;
- (e) abnormal load deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation, including the delivery of plant; or
- (f) construction of the Nether Lock Rail Bridge and the works over the Nottingham to Lincoln line.
- (4) Outside the hours and days specified in sub-paragraph (1), the undertaker may carry out activities comprising—
- (a) traffic management measures and signal changes;
- (b) any emergency works or operations required for safe working;
- (c) security;
- (d) maintenance of plant and equipment that require 24-hour operation such as dewatering pumps;
- (e) completion of activities already begun which require continuous period of operation, such as completing concrete pouring; or
- (f) environmental and engineering surveys may be carried out outside of core working hours.
- (5) Outside the hours and days specified in sub-paragraph (1), the undertaker will consult with the relevant planning authority prior to carrying out certain operations which are season and weather dependent including but not limited to earthworks.
- (6) Outside the hours and days specified in sub-paragraph (1), the undertaker may with the prior written consent or deemed consent under sub-paragraph (7) of the relevant planning authority carry out activities (including but not limited to those works set out in sub-paragraph (3)) assessed in the environmental statement or activities which would not give rise to new or materially different effects from those assessed in the environmental statement which do not fall within sub-paragraph (4).
- (7) If the relevant planning authority which receives a request to carry out works outside the hours and days specified in sub-paragraph (1) in accordance with sub-paragraphs (3) and (6) fails to notify the undertaker of its decision within 14 days of receiving the request for consent that relevant planning authority is deemed to have granted consent.
- (8) Any request to which this article applies must include a statement that the provisions of sub-paragraph (7) apply to that application.
Landscaping
6
- (1) No part of the authorised development can come into use until a landscaping scheme for that part which sets out details of all proposed hard and soft landscaping works is 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 for each part must reflect the applicable mitigation measures set out in the First Iteration EMP and the landscaping principles set out in the environmental masterplan.
- (3) The authorised development must be landscaped in accordance with the approved landscaping scheme for that part.
- (4) A landscaping scheme prepared under sub-paragraph (1) must include details of landscaping works, including—
- (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) proposed finished ground levels;
- (d) existing trees to be retained, with measures for their protection during the construction period; and
- (e) implementation timetables for all landscaping works.
- (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 codes of good practice.
- (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, gives consent to a variation.
Fencing
7
Any permanent and temporary fencing and other means of enclosure that would be adjacent to the new dual carriageway forming part of the authorised development must be constructed and installed in accordance with the undertaker’s Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.
Contaminated Land and groundwater
8
- (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, then no further development (unless otherwise approved in writing by the relevant authorities) shall be carried out within the identifiable perimeters of the area in which the suspected contamination is located. It must be reported as soon as reasonably practicable to the Secretary of State, the Environment Agency and relevant planning authority, and the undertaker must complete a risk assessment of the contamination in consultation with the Environment Agency and the relevant planning authority.
- (2) Where the risk assessment prepared in accordance with sub-paragraph (1) determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose and to prevent any impacts on controlled waters must be submitted to and approved in writing by the Secretary of State, following consultation with the Environment Agency and the relevant planning authority on matters related to their functions.
- (3) Remediation must be carried out in accordance with the approved scheme.
Archaeology and built heritage
9
- (1) The additional trial trenching set out within the archaeological mitigation strategy must be carried out in accordance with the approved Written Scheme of Investigation contained in Appendix G of the Archaeological Management Plan, unless otherwise agreed with Nottinghamshire County Council.
- (2) If the additional trial trenching results in the need for further archaeological investigation, the archaeological mitigation strategy must be updated to include the scope of any further investigation required in the location of the additional trial trenching. This update must be submitted in writing and approved by Nottinghamshire County Council, in consultation with Historic England prior to Work No. 10, Work No. 27, Work No. 28, Work No. 29 or Work No. 30 being started in the location of the additional trial trenching.
- (3) The authorised development must be carried out, operated and maintained in accordance with the archaeological mitigation strategy, as updated in accordance with sub-paragraph (2) if required, and, as set out in that strategy, the undertaker must submit individual site specific written schemes of investigation for each phase of mitigation work set out within the archaeological mitigation strategy to Nottinghamshire County Council for approval.
- (4) Any archaeological works must be carried out by a suitably qualified and competent person or body previously notified to Nottinghamshire County Council.
Protected species
10
- (1) In the event that any protected or notable species which were not previously identified in the environmental statement are found at any time when carrying out the authorised development the undertaker must—
- (a) cease the relevant parts of the relevant works and report it immediately to the Ecological Clerk of Works; and
- (b) prepare a written scheme for the protection and mitigation measures of such protected or notable species when carrying out the authorised development.
- (2) The undertaker must implement the written scheme prepared under sub-paragraph (1)(b) immediately and any works in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.
- (3) In this paragraph—
- “Ecological Clerk of Works” means the individual appointed as such by the undertaker, as required by the First Iteration EMP;
- “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[^f00112]; and
- “protected species” means species which are subject to protection under the laws of England or which are European protected species.
Traffic management
11
- (1) No part of the authorised development is to commence until a traffic management plan for the construction of that part of the authorised development, substantially in accordance with the outline traffic management plan, has been submitted to and approved in writing by the Secretary of State following consultation with the local highway authority.
- (2) The authorised development must be constructed in accordance with the approved traffic management plan.
- (3) In this paragraph, “outline traffic management plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified as the outline traffic management plan by the Secretary of State for the purposes of this Order.
Detailed design
12
- (1) The detailed design for the authorised development must accord with—
- (a) the preliminary scheme design shown on the works plans, utilities works plans and the engineering drawings and sections;
- (b) the mitigation principles set out in the environmental masterplan; and
- (c) the design principles,
unless otherwise agreed in writing by the Secretary of State following consultation with the relevant local planning authority and relevant local highway authority on matters related to their functions, provided that the Secretary of State is satisfied that any amendments would not give rise to any materially new or materially different environmental 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 plans sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.
Surface and foul water drainage
13
- (1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures in Chapter 13, Road Drainage and the Water Environment, of the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority, the lead local flood authority and the Environment Agency on matters relating to their functions.
- (2) The surface and foul water drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority, the lead local flood authority and the Environment Agency on matters relating to their functions, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
Flood compensatory storage
14
- (1) No part of the authorised development is to commence until a detailed floodplain compensation scheme for that part, that reflects the mitigation within the flood risk assessment, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.
- (2) The schemes prepared under sub-paragraph (1) must provide suitable flood storage for any flood waters that would be displaced by the authorised development in the 1 in 100 year plus 39% climate change allowance fluvial flood event.
- (3) The schemes must be implemented as approved and subsequently maintained.
Flood risk assessment
15
- (1) Subject to sub-paragraph (2), the authorised development must be carried out in accordance with the flood risk assessment, including the mitigation measures detailed in it, so that no part of the authorised development is predicted to result in any exceedance of the flood levels to properties and land shown in the flood risk assessment.
- (2) Sub-paragraph (1) does not apply in any circumstance where the undertaker proposes to carry out a part of the authorised development otherwise than in accordance with the flood risk assessment but either demonstrates to the Secretary of State’s satisfaction, in consultation with the lead local flood authority and the Environment Agency—
- (a) that the part of the authorised development concerned would not result in an exceedance of the flood levels shown in the flood risk assessment beyond 10mm; or
- (b) demonstrates that all affected landowners accept the predicted exceedance of the flood levels shown in the flood risk assessment.
Noise Mitigation
16
- (1) No part of the authorised development is to commence until written details of the proposed noise mitigation for the use and operation of that part of the authorised development, including noise barriers, noise bunds and low noise surfacing, has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.
- (2) The written details referred to in sub-paragraph (1) must—
- (a) reflect the mitigation measures for operation included in Chapter 11, Noise and Vibration, of the environmental statement; or
- (b) where these materially differ from these measures, must demonstrate that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
- (3) The noise mitigation measures referred to in sub-paragraph (1) must be retained thereafter.
Pre-commencement works
17
- (1) Any pre-commencement works must be carried out in accordance with the pre-commencement plan.
- (2) In this paragraph, “pre-commencement plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the pre-commencement plan for the purposes of this Order.
Highway Lighting
18
- (1) No part of the authorised development may be brought into use until a written scheme of the proposed highway lighting to be provided for 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 and the local highway authority on matters relating to their functions.
- (2) The highway lighting scheme referred to in sub-paragraph (1) must encompass the specification, level of provision, energy efficiency, light spillage, intensity and brightness of the highway lighting and must—
- (a) reflect the relevant mitigation measures included in Chapter 7 Landscape and Visual, Chapter 8 Biodiversity and Chapter 14 Climate of the environmental statement; or
- (b) where it materially differs from these measures, must demonstrate that the mitigation proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
- (3) The highway lighting must be provided in accordance with the approved details referred to in sub-paragraph (1).
- (4) Nothing in this requirement restricts the lighting of the authorised development during its construction or where temporarily required for maintenance.
Langford Hall Estate
19
- (1) The construction of the new entrance at Langford Hall Estate forming part of Work No. 110 may not commence until the Applicant has submitted to the Secretary of State for its approval in writing, following consultation with the relevant landowner of Langford Hall Estate, Newark and Sherwood District Council and Historic England, the proposed design of the new entrance.
- (2) The proposed design referred to in sub-paragraph (1) must accord with the landscaping principles shown on the environmental masterplan and any relevant mitigation identified in the first iteration environmental management plan.
- (3) The new entrance must be constructed in accordance with the approved design.
Approvals and amendments to approved details
20
With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed in writing by the Secretary of State.
Offsite Barn Owl Boxes
21
- (1) No part of the site clearance as part of the pre-commencement works is to begin until—
- (a) written details have been submitted to the Secretary of State—
- (i) demonstrating that the undertaker has secured the provision of the offsite barn owl boxes in accordance with the barn owl nest box specification;
- (ii) including in relation to the offsite barn owl boxes, a regime of management measures substantially in accordance with those contained in the barn owl nest box specification; and
- (b) the Secretary of State, following consultation with Natural England, has approved the matters listed in paragraph (a).
- (2) The undertaker must—
- (a) provide the offsite barn owl boxes prior to any site clearance as part of the pre-commencement works; and
- (b) maintain the offsite barn owl boxes,
in accordance with the details approved by the Secretary of State under sub-paragraph (1)(b).
- (3) In this paragraph, “barn owl nest box specification” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the barn owl nest box specification for the purpose of this Order.
Offsite Bat Box
22
- (1) No part of the demolition of the former Mint Leaf restaurant as described in Work No. 95 is to commence until—
- (a) written details have been submitted to the Secretary of State—
- (i) demonstrating that the undertaker has secured the provision of the offsite bat box in accordance with the bat box specification;
- (ii) including in relation to the offsite bat box, a regime of management measures substantially in accordance with those contained in the bat box specification; and
- (b) the Secretary of State, following consultation with Natural England, has approved the matters listed in sub-paragraph (a).
- (2) The undertaker must—
- (a) provide the offsite bat box prior to the beginning of any demolition work to the former Mint Leaf restaurant as described in Work No. 95; and
- (b) maintain the offsite bat box,
in accordance with the details approved by the Secretary of State under sub-paragraph (1)(b).
- (3) In this paragraph, “bat box specification” means the bat box specification listed in Schedule 10 (documents to be certified) certified by the Secretary of State as the bat box specification for the purposes of this Order.
Agricultural Land Classification Surveys
23
Prior to any works commencing on the land shown hatched green on the agricultural land plan the undertaker must carry out agricultural land classification surveys on that land and update the Soils Management Plan accordingly based on the new data.
Façade design of the split block facing of the structure at Cattle Market
24
- (1) The construction of the split block facing of the reinforced soil walls that form Work Nos. 39A, 39B, 39C, 39D, 39E and 39F may not commence until the Applicant has submitted to Newark and Sherwood District Council and Nottinghamshire County Council for approval in writing the proposed design of the façade of those soil walls forming part of the structure at Cattle Market.
- (2) The proposed design referred to in sub-paragraph (1) must accord with the design principles and not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.
- (3) The façade must be constructed in accordance with the approved design.
PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS
Applications made under requirements
25
- (1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including 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 26 (further information); or
- (c) such longer period as may be agreed between the parties.
- (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 that requirement that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental 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.
Further information
26
- (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. In the event that the Secretary of State does not give such notification within this 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.
- (3) 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 25 (applications made under requirements) and in this paragraph.
- (4) In this paragraph, “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[^f00113].
Register of requirements
27
- (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
28
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.
Details of consultation
29
- (1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, the details submitted must be accompanied by a summary report enclosing the written responses received and setting out the consultation undertaken by the undertaker pursuant to that requirement to inform the details submitted and the undertaker’s response to that consultation.
- (2) Promptly after submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.
SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.
PART 1 — TRUNK ROADS
| (1) Area | (2) Length of road |
|---|---|
| Classification of Roads Plans – Sheet 1 | Classification of Roads Plans – Sheet 1 |
| Farndon | The new A46 dual carriageway (northbound) between points 1 and2, a distance of 120 metres. |
| Farndon | The new A46 dual carriageway (southbound) between points 10 and 11, a distance of 75 metres. |
| Farndon, Newark | Farndon Roundabout from point 5, a distance of 360 metres. |
| Averham, Farndon, Newark, Winthorpe | The new A46 dual carriageway (northbound) between points 6 and 40 (sheet 6), a distance of 6,620 metres. |
| Averham, Farndon, Newark, Winthorpe | The new A46 dual carriageway (southbound) between points 7 and 52 (sheet 6), a distance of 6,620 metres. |
| Classification of Roads Plans – Sheet 3 | Classification of Roads Plans – Sheet 3 |
| Newark | A46 northbound off-slip road to the Cattle Market Junction between points 12 and 14, a distance of 455 metres. |
| Newark | A46 southbound on-slip road from the Cattle Market Junction between points 13 and 24, a distance of 360 metres. |
| Newark | A46 northbound on-slip road from the Cattle Market Junction between points 19 and 26, a distance of 300 metres. |
| Newark | A46 southbound off-slip road to the Cattle Market Junction between points 20 and 25, a distance of 240 metres. |
| Classification of Roads Plans – Sheet 5 | Classification of Roads Plans – Sheet 5 |
| Newark | A46 southbound on-slip road from the Brownhills Roundabout between points 27 and 36, a distance of 620 metres. |
| Newark | A46 northbound off-slip road to the new Brownhills Junction Roundabout between points 28 and 29, a distance of 250 metres. |
| Newark | The new Brownhills Junction Roundabout from point 32, a distance of 170 metres. |
| Newark | The northbound Brownhills Junction Link Road between points 34 and 35, a distance of 180 metres. |
| Newark | The southbound Brownhills Junction Link Road between points 33 and 37, a distance of 320 metres. |
| Winthorpe | The A46 northbound off-slip road to the service area between points 38 and 58, a distance of 170 metres. |
| Winthorpe | The A46 northbound on-slip road from the service area between points 59 and 41, a distance of 130 metres. |
| Winthorpe | The northbound Friendly Farmer Link Road between points 39 and 51 (sheet 6), a distance of 1,078 metres. |
| Winthorpe | The southbound Friendly Farmer Link Road between points 40 and 49 (sheet 6), a distance of 1,110 metres. |
| Classification of Roads Plans – Sheet 6 | Classification of Roads Plans – Sheet 6 |
| Winthorpe Langford | The new Winthorpe Roundabout from point 60, a distance of 360 metres. |
| Winthorpe, Langford | The road through the new Winthorpe Roundabout between points 45 and 50, a distance of 115 metres. |
| Langford | The improved A46 dual carriageway (northbound)between the new Winthorpe Roundabout (point 44) and the existing A46 (point 56). |
| Langford | The improved A46 dual carriageway (northbound) for a distance of 65 metres between points 53 and 54, a distance of 65 metres. |
| Langford | The improved A46 dual carriageway (southbound) between points 55 and 46, a distance of 215 metres. |
PART 2 — CLASSIFIED A ROADS
| (1) Area | (2) Length of road |
|---|---|
| Classification of Roads Plans – Sheet 3 | Classification of Roads Plans – Sheet 3 |
| Newark | The A617 between points 15 and 16, a distance of 205 metres. |
| Newark | The realigned A616 Great North Road between points 17 and 18, a distance of 40 metres. |
| Newark | The Cattle Market Junction Circulatory from point 23, a distance of 390 metres. |
| Classification of Roads Plans – Sheet 6 | Classification of Roads Plans – Sheet 6 |
| Winthorpe, Langford | The realigned A1133between points 42 and 43, a distance of 320 metres. |
PART 3 — CLASSIFIED B ROADS
| (1) Area | (2) Length of road |
|---|---|
| Classification of Roads Plans – Sheet 1 | Classification of Roads Plans – Sheet 1 |
| Newark | Farndon Road between points 8 and 9, a distance of 78 metres. |
| Classification of Roads Plans – Sheet 3 | Classification of Roads Plans – Sheet 3 |
| Newark | The B6326 Great North Road between points 21 and 22, a distance of 225 metres. |
PART 4 — UNCLASSIFIED ROADS
| (1) Area | (2) Length of road |
|---|---|
| Classification of Roads Plans – Sheet 1 | Classification of Roads Plans – Sheet 1 |
| Farndon | Fosse Road between points 3 and 4, a distance of 35 metres. |
| Classification of Roads Plans – Sheet 5 | Classification of Roads Plans – Sheet 5 |
| Newark | Winthorpe Road between points 30 and 31, a distance of 60 metres. |
| Classification of Roads Plans – Sheet 6 | Classification of Roads Plans – Sheet 6 |
| Winthorpe, Langford | The realigned Drove Lane between points 47 and 48, a distance of 185 metres. |
PART 5 — SPEED LIMITS
Note: Where speed limits are indicated on the permanent speed limits plans but are not referenced in this Schedule, they indicate that national speed limits apply in accordance with either—
- (a) the national speed limit set out in—
- (i) section 86 (speed limits for particular classes of vehicles)[^f00114] of and Schedule 6 (speed limits for vehicles of certain classes)[^f00115] to the 1984 Act; and
- (ii) the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) Order 1977 as varied by the 70 miles per hour, 60 miles per hour and 50 miles per hour (Temporary Speed Limit) (Variation) Order 1978 and continued indefinitely by Regulation 2 of the 70 Miles Per Hour, 60 Miles Per Hour and 50 Miles Per Hour (Temporary Speed Limit) (Continuation) Order 1978[^f00116]; or
- (b) sections 81 (general speed limit for restricted roads) and 82[^f00117] (what roads are restricted roads) of the 1984 Act (which makes provision about speed limits on ‘restricted roads’ by reference to street lighting),
and are not subject to this Order.
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