Legalize / United Kingdom / Statutory-Instrument

The M5 Junction 10 Development Consent Order 2025

Type Statutory-Instrument

Publication 2025-06-04

Last updated 2025-11-03

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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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

40

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

Defence to proceedings in respect of statutory nuisance

41

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00078] in relation to a nuisance falling within paragraph (d), (fb), (g) or (ga) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00079] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974[^f00080]; or

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

(iii) is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

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

Protective provisions

42

Schedule 9 (protective provisions) has effect.

Crown Rights

43

(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) belonging to His Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land;

(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; or

(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.

Certification of plans etc.

44

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

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

Service of notices

45

(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 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 1978[^f00081] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Arbitration

46

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 tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the administrative areas of Gloucestershire County Council, Cheltenham Borough Council and Tewkesbury Borough Council

The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act[^f00082] and associated development within the meaning of section 115(2) of the 2008 Act, comprising—

Work No. 1 – the construction of a new Junction 10 on the M5 Motorway made up of four new slip roads, at the location shown on sheets 1 to 10, 12 and 15 of the works plans, to include—

(a) the construction of motorway signage and associated cabling and ducting works;

(b) the construction of a new northbound exit slip from the M5 to the A4019;

(d) the construction of a new southbound entry slip from the A4019 to the M5;

(e) the construction of a new northbound entry slip from the A4019 to the M5;

(f) the demolition of the existing M5 northbound entry slip;

(g) the demolition of the existing M5 southbound exit slip;

(h) the construction of drainage attenuation basin (3) with associated drainage facilities, access and landscaping southwest of Junction 10 at the location shown on sheet 6 of the works plans;

(i) construction compound no. 1 of 37,300 square metres southwest of Junction 10 at the location shown on sheets 5 and 6 of the works plans;

(j) construction compound no. 2 of 47,500 square metres northwest of Junction 10 at the location shown on sheets 4 and 5 of the works plans;

(k) construction compound no. 3 of 53,800 square metres northeast of Junction 10 at the location shown on sheets 5 and 12 of the works plans;

(l) the construction of drainage attenuation basin (2) with associated drainage facilities, access and landscaping northwest of Junction 10 at the location shown on sheets 4 and 5 of the works plans;

(m) the extension of the Leigh Brook culvert (also known as the Barn Farm culvert);

(n) the construction of an environmental barrier adjacent to Barn Farm north of Junction 10 and west of the M5 at the location shown on sheet 4 of the works plans;

(o) the construction of an environmental barrier adjacent to land housing a traveller site north of Junction 10 and east of the M5 at the location shown on sheets 4 and 5 of the works plans;

(p) construction compound no. 9 of 48,300 square metres south of Junction 10 at the location shown on sheets 6 and 15 of the works plans.

Work No. 2 – the construction of a new grade separated roundabout junction and maintenance bays at the location shown on sheets 4 and 5 of the works plans, to include—

(a) the construction of a new roundabout over the M5 comprising a circulatory carriageway and the Piffs Elm interchange bridges (north and south);

(b) landscaping northwest of Junction 10;

(d) the demolition of the existing A4019 bridge over the M5;

(e) the demolition of 14 properties at Withybridge Gardens southeast of Junction 10;

(f) the demolition of Sheldon Nurseries northwest of Junction 10;

(g) the demolition of Barn Farm Cottage north of Junction 10;

(h) the demolition of Wayside northwest of Junction 10;

(i) the demolition of Bridge House northwest of Junction 10.

Work No. 3 – the realignment and widening of the A4019 (Tewkesbury Road) northwest of Junction 10 for 550 metres with associated footway; cycle track; shared use path; private access points; and signage and ducting at the location shown on sheets 5, 6 and 11 of the works plans, to include—

(a) the realignment of the unclassified road known as Stanboro Lane / Piffs Elm Lane;

(b) the construction of drainage attenuation basin (1) with associated drainage facilities, access and landscaping north of the A4019 (Tewkesbury Road);

(d) the construction of new or altered private means of access;

(e) the provision of a flood compensation area at the location shown on sheets 5 and 11 of the works plans.

Work No. 4 – the realignment and dualling of the A4019 (Tewkesbury Road) with associated footway; cycle track; shared use paths; private means of access; and signage and ducting southeast of Junction 10 for 2.7 kilometres to a point east of the Gallagher Junction at the location shown on sheets 5, 6, 12, 13 and 14 of the works plans, to include—

(a) the demolition of Withy Bridge and Laburnum properties north of the A4019 (Tewkesbury Road);

(b) the construction of an underpass beneath the A4019 (Tewkesbury Road) east of Junction 10 270 metres northwest of Withybridge Lane;

(d) the construction of drainage attenuation basin (4) with associated drainage facilities, access and landscaping southeast of Junction 10;

(e) the demolition of three properties (Nos 1 - 3 The Row) in Uckington south of the A4019 (Tewkesbury Road);

(f) the construction of a signalised junction including access to land north of the A4019 (Tewkesbury Road); pedestrian and cycle crossing points; maintenance bay; and southern access to the new West Cheltenham Link Road;

(g) the construction of new or altered private means of access;

(h) the removal of an existing layby south of the A4019 (Tewkesbury Road);

(i) construction compound no. 4 of 50,100 square metres north of the A4019 (Tewkesbury Road) at the location shown on sheet 12 of the works plans;

(j) mitigation planting for dormice;

(k) the construction of an environmental barrier 160 metres in length south of the A4019 (Tewkesbury Road) adjacent to Cooks Lane;

(l) the demolition of buildings at Manor Farm west and southwest of Uckington Junction;

(m) the construction of a signalised junction serving Moat Lane and The Green with pedestrian and cycle crossing points and maintenance bay;

(n) the construction of service roads running east and west of The Green;

(o) the construction of environmental barriers west and east of The Green, north of the A4019 (Tewkesbury Road);

(p) the construction of bat mitigation to the north of the A4019 (Tewkesbury Road), east of Uckington;

(q) the construction of drainage attenuation basin (6) with associated drainage facilities, access and landscaping south of the A4019 (Tewkesbury Road);

(r) the construction of a left turn exit for eastbound traffic into the development site known as Elms Park;

(s) the construction of a signalised junction to access development (site access A) to the north of the A4019 (Tewkesbury Road) with pedestrian and cycle crossing points;

(t) the construction of an environmental barrier south of the A4019 (Tewkesbury Road) between West Cheltenham Community Fire Station and just west of the entrance to the Cotswold Area Civil Service Sports Association;

(u) the construction of a signalised junction to access development (site access B) to the north of the A4019 (Tewkesbury Road) with pedestrian and cycle crossing points;

(v) the construction of a service road to the south of the A4019 (Tewkesbury Road) serving properties including the Cotswold Area Civil Service Sports Association; Homecroft Drive and the West Cheltenham Community Fire Station;

(w) the demolition of ten properties to the north of the A4019 (Tewkesbury Road) between Uckington and the Gallagher Junction;

(x) the alteration of the signalised junction serving Gallagher Retail Park and the B4634 to the south of the A4019 (Tewkesbury Road) with maintenance bay;

(y) demolition of buildings forming part of Baileys Nursery west of Gallagher Retail Park access;

(z) the construction of a public right of way (footpath) to link to diverted bridleway BR AUC1;

(aa) the construction of a lane on the eastbound carriageway including sections of bus lane, bus gates and left turn lane at the locations shown on sheets 13 and 14 of the works plans;

(bb) the realignment of Withybridge Lane for 150 metres connecting to the realigned and dualled A4019 (Tewkesbury Road) at the location shown on sheet 12 of the works plans.

Work No. 5 – the construction of a new West Cheltenham Link Road south of the A4019 (Tewkesbury Road) for 1.4 kilometres to join with the B4634 with footway and cycle track to the west and private access, signage and ducting at the location shown on sheets 6, 12, 15 and 16 of the works plans, to include—

(a) the construction of a service road linking properties south of the A4019 (Tewkesbury Road) and Cooks Lane;

(b) construction compound no. 5 of 36,400 square metres east of Withybridge Lane and west of the new West Cheltenham Link Road at the location shown on sheet 12 of the works plans;

(c) construction compound no. 6 of 12,100 square metres east of the new West Cheltenham Link Road and south of the A4019 (Tewkesbury Road) at the location shown on sheet 12 of the works plans;

(d) the construction of a new bridge over the River Chelt;

(e) the diversion of public right of way FP AUC11 to the north of the River Chelt under the new River Chelt Bridge;

(f) the diversion of public right of way FP ABO24 to the south of the River Chelt under the new River Chelt Bridge;

(g) construction compound no. 7 of 28,100 square metres east of the new West Cheltenham Link Road at the location shown on sheet 15 of the works plans;

(h) construction compound no. 8 of 9,600 square metres west of the new West Cheltenham Link Road at the location shown on sheet 16 of the works plans;

(i) the construction of drainage attenuation basin (5) with associated drainage facilities, access and landscaping north of the B4634;

(j) the construction of a signalised junction serving the new West Cheltenham Link Road, the B4634 and the West Cheltenham Golden Valley Development land, with pedestrian and cycle crossing points and maintenance layby;

(k) the construction of new or altered private means of access;

(l) the construction of the West Cheltenham Link bridge at the location shown on sheet 12 of the works plans;

(m) the construction of the West Cheltenham Link bridge at the location shown on sheet 15 of the works plans;

(n) the provision of a flood compensation area at the location shown on sheets 6, 12 and 15 of the works plans;

(o) the provision of a flood compensation area at the location shown on sheets 12 and 15 of the works plans.

Work No. 6 – the realignment of the B4634 for 490 metres connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting at the location shown on sheets 7, 15 and 16 of the works plans, to include—

(a) flood culverts group 1 under the B4634;

(b) flood culverts group 2 under the B4634;

(d) the provision of a flood compensation area at the location shown on sheets 7, 15 and 16 of the works plans.

Work No. 7 – the construction of a flood storage area of 102,421 square metres and associated works to the east of the M5 and south of the A4019 at the location shown on sheets 5, 6 and 12 of the works plans.

Work No. 8 – the diversion of 500 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 16 of the works plans.

Work No. 9 – the diversion of 98 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 16 of the works plans.

Work No. 10 – the diversion of 1585 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheets 5, 11 and 12 of the works plans.

Work No. 11 – the diversion of 290 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 13 of the works plans.

Work No. 12 – the diversion of 611 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 16 of the works plans.

Work No. 13 – the diversion of 55 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 13 of the works plans.

Work No. 14 – the diversion of 459 metres of water pipeline at the location shown on sheet 16 of the works plans.

Work No. 15 – the diversion of 7090 metres of water pipeline at the location shown on sheets 5, 12, 13 and 14 of the works plans.

Work No. 16 – the diversion of 1622 metres of gas main at the location shown on sheets 5, 12 and 13 of the works plans.

Work No. 17 – the diversion of 55 metres of gas main at the location shown on sheet 13 of the works plans.

Work No. 18 – the diversion of 1108 metres of gas main at the location shown on sheets 13 and 14 of the works plans.

Work No. 19 – the diversion of 202 metres of electric cable and associated apparatus and equipment at the location shown on sheet 5 of the works plans.

Work No. 20 – the diversion of 444 metres of electric cable and associated apparatus and equipment at the location shown on sheets 4 and 5 of the works plans.

Work No. 21 – the diversion of 129 metres of electric cable and associated apparatus and equipment at the location shown on sheet 12 of the works plans.

Work No. 22 – the diversion of 68 metres of electric cable and associated apparatus and equipment at the location shown on sheet 13 of the works plans.

Work No. 23 – the diversion of 76 metres of electric cable and associated apparatus and equipment at the location shown on sheet 13 of the works plans.

Work No. 24 – the diversion of 760 metres of electric cable and associated apparatus and equipment at the location shown on sheets 13 and 14 of the works plans.

Work No. 25 – the diversion of 68 metres of electric cable and associated apparatus and equipment at the location shown on sheet 16 of the works plans.

Work No. 26 – the diversion of 70 metres of electric cable and associated apparatus and equipment at the location shown on sheet 16 of the works plans.

Work No. 27 – the diversion of 3815 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheets 5, 12, 13 and 14 of the works plans.

Work No. 28 – the diversion of 96 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 11 of the works plans.

Work No. 29 – the diversion of 416 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 12 of the works plans.

Work No. 30 – the diversion of 122 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 12 of the works plans.

Work No. 31 – the diversion of 211 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 13 of the works plans.

Work No. 32 – the diversion of 234 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheets 13 and 14 of the works plans.

Work No. 33 – the diversion of 258 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 14 of the works plans.

Work No. 34 – the diversion of 485 metres of telecommunication cable and associated apparatus and equipment at the location shown on sheet 16 of the works plans.

Work No. 35 – the diversion of 170 metres of gas main at the location shown on sheet 15 of the works plans.

Work No 36 – the relocation of an existing national roads telecommunications service transmission station and associated infrastructure, to include—

(a) demolition of the existing national roads telecommunication service transmission station and associated infrastructure; and

(b) construction of a new national roads telecommunication service transmission station and associated infrastructure.

In connection with the construction of any of those works, further associated development within the Order limits consisting of—

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

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

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

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

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

(g) landscaping, noise bunds and barriers, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

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

(i) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures), earthworks (including soil stripping and storage, site levelling), remediation of contamination;

(j) the felling of trees;

(k) 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 and other buildings, machinery, apparatus, works and conveniences; and

(l) the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

“the environmental masterplan” means the documents of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the environmental masterplan (part 1) and the environmental masterplan (part 2) for the purposes of this Order;

“EMP (1st iteration)” means the environmental management plan (1st iteration) listed in Schedule 10 and certified by the Secretary of State for the purposes of this Order;

“EMP (2nd iteration)” means the construction stage environmental management plan to be submitted and approved under paragraph 3 of this Schedule;

“EMP (3rd iteration)” means the end of construction stage environmental management plan to be developed towards the end of the construction of the authorised development which is to contain— the environmental information needed for the future maintenance and operation of the authorised development; 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; and a record of the consents, commitments and permissions resulting from liaison with statutory bodies;

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

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

“the register of environmental actions and commitments” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the register of environmental actions and commitments for the purposes of this Order.

Time limits

2

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

Environmental Management Plan

3

(1) No part of the authorised development is to commence until a EMP (2nd iteration) for that part has been prepared in consultation with the county planning authority and the strategic highway authority and submitted to and approved in writing by the relevant planning authority.

(2) The EMP (2nd iteration) must—

(a) be substantially in accordance with the EMP (1st iteration);

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

(d) require adherence to working hours of 07:00 to 19:00 on Mondays to Saturdays with no working on Sundays, except for—

(i) night-time closures for bridge demolition and installation or other works requiring the full or partial closure of, or otherwise adversely affecting the operation of, existing carriageways;

(ii) oversized deliveries or deliveries where daytime working would be excessively disruptive to normal traffic operation;

(iii) the provision of services at compounds, including security and vehicle recovery;

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

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

(vi) works associated with traffic management and signal changes;

(vii) any emergency works;

(viii) any works for which different working hours have been notified at least seven days in advance to those parties who the undertaker reasonably considers will or may be affected by those works and recorded in the approved EMP (2nd iteration), in which case the EMP (2nd iteration) must require adherence to those working hours; and

(ix) as otherwise agreed by the relevant planning authority in advance;

(e) include the following management plans—

(i) materials management plan;

(ii) soil handling management plan;

(iii) noise and vibration management plan;

(iv) air quality management plan;

(v) landscape and ecology management plan;

(vi) emergency preparedness and response plan including flood management plan and severe weather plan;

(vii) pollution prevention and control management plan;

(viii) archaeological management plan;

(ix) invasive non native species management plan;

(x) operational unexploded ordnance emergency response plan;

(xi) traffic management plan

(xii) site waste management plan;

(xiii) public rights of way management plan;

(xiv) emergency vehicle movement management plan;

(xv) community engagement plan;

(xvi) carbon management plan;

(xvii) river realignment and channel diversion management plan; and

(xviii) statement of statutory nuisance.

(3) The authorised development must be constructed in accordance with the approved EMP (2nd iteration).

(4) Upon completion of construction of the authorised development, the EMP (3rd iteration) must be prepared in consultation with the county planning authority and the strategic highway authority and submitted to the relevant planning authority for approval within 28 days of the opening of the authorised development for public use.

(5) The authorised development must be operated and maintained in accordance with the EMP (3rd iteration) approved under paragraph (4).

Details of consultation

4

(1) Where appropriate, with respect to any requirement which requires details to be submitted to the relevant planning authority for approval under this Schedule following consultation with another party, the details submitted must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted, the responses received to the consultation and the undertaker’s response to those responses.

(2) At the time of submission to the relevant planning authority 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 relevant planning authority.

(3) The undertaker must ensure that any consultation responses are reflected in the details submitted to the relevant planning authority for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.

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

Landscaping

5

(1) No part of the authorised development is to commence until a written landscaping scheme for that part has been submitted to and approved in writing by the relevant planning authority following consultation with the county planning authority and the strategic highway authority.

(2) No part of the authorised development is to commence until an arboricultural walkover survey and tree survey for that part, taking due regard to the guidance in British Standard 5837:2012, have been undertaken to identify any significant constraints posed by trees.

(3) The landscaping scheme prepared under sub-paragraph (1) must be in accordance with the environmental masterplan and the results of the surveys undertaken under sub-paragraph (2).

(4) The authorised development must be landscaped in accordance with the approved landscaping scheme for that part.

(5) The landscaping scheme referred to in sub-paragraph (1) must include details of hard and soft landscaping works, including—

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

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

(d) hard surfacing materials;

(e) details of existing trees to be retained, with measures for their protection during the construction period; and

(f) implementation timetables for all landscaping works.

Implementation and maintenance of landscaping

6

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

(2) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice and in accordance with the landscape and ecology management plan approved as part of the EMP (2nd iteration) and the EMP (3rd iteration) under paragraph 3 of this Schedule.

(3) 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.

Fencing

7

Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the relevant planning authority following consultation with the county planning authority and strategic highway authority on matters related to their functions in connection with the authorised development.

Land and groundwater contamination

8

(1) No part of the authorised development is to commence until a contamination risk assessment in respect of controlled waters has been produced for that part which is to include details of—

(a) any existing sources of contamination within the Order limits that may be affected by the carrying out of the authorised development;

(b) any reasonably required protective measures to ensure that the carrying out of the authorised development does not make worse any adverse conditions or risks associated with such existing sources of contamination; and

(c) appropriate remediation strategies and mitigation measures to address any historic contamination which is shown to be having significant, unacceptable effects on the environment within the context of the proposed works,

and the assessment has been submitted to and approved by the relevant planning authority following consultation with the Environment Agency.

(2) The steps and measures that are identified as necessary for the purposes of carrying out the authorised development in the assessment referred to in sub-paragraph (1) must be implemented as part of the authorised development.

(3) In the event that contaminated material, including impacted groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, the undertaker must cease construction of the authorised development in the vicinity of that contamination and must report it immediately in writing to the Environment Agency and the relevant planning authority, and in agreement with the Environment Agency and the relevant planning authority undertake a risk assessment of the contamination, and sub-paragraphs (4) and (5) will apply.

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

(5) Remedial measures must be carried out in accordance with the scheme approved under sub-paragraph (4) and following completion of the remedial measures a validation report confirming the completion and effectiveness of those measures must be submitted to the Environment Agency and the relevant planning authority.

Archaeology

9

(1) In order to be included in the EMP (2nd iteration) pursuant to paragraph 3(2)(e)(viii) of this Schedule, the archaeological management plan, must accord with the investigation and mitigation measures included in chapter 11 (cultural heritage) of the environmental statement, the EMP (1st iteration), and must include provision for site-specific archaeological project designs for each area and each phase where necessary, and have been prepared in consultation with the county planning authority, the strategic highway authority, the County Archaeologist and Historic England and have been submitted to and approved in writing by the relevant planning authority.

(2) The authorised development must be carried out in accordance with the archaeological management plan and where relevant the site-specific archaeological project designs referred to in sub-paragraph (1) unless otherwise agreed in writing by the relevant planning authority.

(3) A programme of archaeological reporting, post excavation and publication required as part of the archaeological management plan and where relevant the site specific archaeological project designs referred to in sub-paragraph (1) must be prepared in consultation with the County Archaeologist and implemented within a reasonable timescale and deposited with the Historic Environment Record of the relevant planning authority within two years of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority.

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

(a) retained in situ and reported to the County Archaeologist as soon as reasonably practicable; and

(b) subject to appropriate mitigation as set out in the archaeological management plan referred to in sub-paragraph (1).

(5) No construction operations are to take place within 10 metres of the archaeological remains referred to in sub-paragraph (4) for a period of 14 days from the date the remains are reported to the County Archaeologist under sub-paragraph (4) unless otherwise agreed in writing by the relevant planning authority.

(6) In this paragraph “County Archaeologist” means the individual nominated or appointed as such by the relevant planning authority.

Protected species

10

(1) In the event that any protected species which were not previously identified in the environmental statement or nesting birds are found at any time when carrying out the authorised development, the undertaker must cease construction works near their location and report it immediately to the Ecological Clerk of Works.

(2) The undertaker must prepare a written scheme for the protection and mitigation measures for any protected species that were not previously identified in the environmental statement or nesting birds found when carrying out the authorised development. Where nesting birds are identified works should cease within 10 metres of the nest until birds have fledged and the nest is no longer in use.

(3) The undertaker must implement the written scheme prepared 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.

(4) In this paragraph “Ecological Clerk of Works” means the individual appointed as such by the undertaker.

Detailed design

11

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

(a) the preliminary scheme design shown on the works plans, the general arrangement plans, the environmental masterplan and the engineering drawings and sections; and

(b) the design principles set out in the design principles report,

unless otherwise agreed in writing by the relevant planning authority, following consultation with the county planning authority and strategic highway authority on matters related to their functions and provided that the relevant planning authority is satisfied that any amendments to the works plans, the general arrangement plans, the environmental masterplan and the engineering drawings and sections showing departures from the preliminary design 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 relevant planning authority under sub-paragraph (1), those details are deemed to be substituted for the corresponding works plans, general arrangement plans, environmental masterplan or engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

(3) In this paragraph—

(a) “the general arrangement plans” means the documents of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the general arrangement plans (part 1) and the general arrangement plans (part 2) for the purposes of this Order; and

(b) “design principles report” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the design principles report for the purposes of this Order.

Surface water drainage

12

(1) No part of the authorised development is to commence until written details of the surface water drainage system for that part, in accordance with the mitigation measures in chapter 8 (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 relevant planning authority following consultation with the county planning authority, the strategic highway authority and the Environment Agency.

(2) The drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) unless otherwise agreed in writing by the relevant planning authority following consultation with the county planning authority, strategic highway authority and the Environment Agency.

Flood compensation and flood storage

13

(1) No part of the authorised development within the existing floodplain is to commence until a detailed scheme for the flood compensation areas or flood storage area relevant to that part of the authorised development within the existing floodplain has been submitted to and approved in writing by the relevant planning authority following consultation with the county planning authority, the strategic highway authority and the Environment Agency on matters related to their functions.

(2) The scheme 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 53% climate change allowance event.

(3) The scheme must be fully implemented as approved and subsequently maintained.

Flood risk assessment

14

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

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

Noise Mitigation

15

(1) No part of the authorised development is to commence until written details of proposed noise mitigation in respect of the use and operation of that part of the authorised development, including noise barriers and any very low noise surfacing, have been submitted to and approved in writing by the relevant planning authority following consultation with the county planning authority and the strategic highway authority on matters related to their functions.

(2) The written details referred to in sub-paragraph (1) must either—

(a) reflect the mitigation measures included in chapter 6 (noise and vibration) of the environmental statement and the noise and vibration management plan approved as part of the EMP (2nd iteration) pursuant to paragraph 3 of this Schedule; or

(b) where the mitigation proposed materially differs from the mitigation identified in the environmental statement and the noise and vibration management plan, the undertaker must provide evidence with the written details submitted 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 taking into account the mitigation identified in it.

(3) The noise mitigation must be constructed in accordance with the approved details referred to in sub-paragraph (1) and must be retained thereafter.

Highway lighting

16

(1) No part of the authorised development is to 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 relevant planning authority following consultation with the county planning authority and the strategic highway authority on matters related to their functions.

(2) The standard of the highway lighting to be provided for the highway lighting scheme referred to in sub-paragraph (1) must either be in accordance with the standard of the highway lighting included in chapter 9 (landscape and visual) of the environmental statement or, where the standard of the highway lighting proposed materially differs from the standard of the highway lighting identified in the environmental statement, the undertaker must provide evidence with the written scheme submitted for approval that the standard of the highway lighting proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement taking into account the lighting identified in it. The highway lighting scheme must encompass the specification, level of provision, light spillage, intensity and brightness of the highway lighting.

(3) The highway lighting must be provided in accordance with the scheme approved under sub-paragraph (1).

(4) Nothing in this requirement restricts the lighting of the authorised development during its construction or where temporarily required for maintenance.

Building and construction materials – highways

17

(1) No part of the authorised development is to commence until written details of the materials to be used for the surfacing of the new highway and the adjacent cycleway and footway have been submitted to and approved in writing by the relevant planning authority following consultation with the county planning authority.

(2) The details submitted under sub-paragraph (1) must include provision for the use of low noise road surfacing materials on the highway.

(3) The authorised development must be carried out using the materials approved under sub-paragraph (1).

Building and construction materials – structures

18

(1) No part of the authorised development is to commence until written details of the building materials to be used for the external facings of all structures, including bridges, retaining walls and culvert sides and headwalls, have been submitted to and approved in writing by the relevant planning authority following consultation with the county planning authority.

(2) The authorised development must be carried out using the materials approved under sub-paragraph (1).

Approvals and amendments to approved details

19

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 relevant planning authority.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

20

(1) Where an application has been made to the relevant planning authority 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 relevant planning authority 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 relevant planning authority;

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 21; or

(2) Subject to sub-paragraph (3), in the event that the relevant planning authority does not determine an application within the period set out in sub-paragraph (1), the relevant planning authority 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 relevant planning authority for any consent, agreement or approval required by a requirement included in this Order;

(b) the relevant planning authority does not determine such application within the period set out in sub-paragraph (1); and

(c) the application is accompanied by a report referred to in paragraph 4 stating that, in the view of a body required to be consulted by the undertaker under the requirement in question, the subject matter of the application is likely 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 relevant planning authority at the end of that period.

Further information

21

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

(2) In the event that the relevant planning authority considers such further information to be necessary, it 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 relevant planning authority does not give such notification within this 21 day period the relevant planning authority 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 20 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[^f00083].

Register of requirements

22

(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 relevant planning authority.

(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 relevant planning authority 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

23

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

SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC.

PART 1 — SPECIAL ROADS

(1) Area	(2) Length of road
Boddington Civil Parish, Tewkesbury	869 metres of new M5 northbound diverge slip road between point 7/1 on sheet 7 and point 5/1 on sheet 5 of the classification of roads plans
Elmstone Hardwicke Civil Parish, Tewkesbury	815 metres of new M5 northbound merge slip road between point 5/2 on sheet 5 and point 4/1 on sheet 4 of the classification of roads plans
Elmstone Hardwicke Civil Parish, Tewkesbury	814 metres of new M5 southbound diverge slip road between point 4/2 on sheet 4 and point 5/3 on sheet 5 of the classification of roads plans
Boddington Civil Parish, Tewkesbury	741 metres of new M5 southbound merge slip road between point 5/4 on sheet 5 and point 6/1 on sheet 6 of the classification of roads plans

PART 2 — CLASSIFIED ROADS

(1) Area	(2) Length of road
Boddington and Elmstone Hardwicke Civil Parishes, Tewkesbury	For the entire extent of the new M5 Junction 10 circulatory carriageway (A4019), as shown between points 5/5 and 5/6 on sheet 5 of the classification of roads plans, comprising 620 metres
Boddington Civil Parish, Tewkesbury	New length of classified road (A4019) between the new M5 northbound diverge slip road and the new M5 Junction 10 circulatory carriageway (A4019), as shown between points 5/1 and 5/7 on sheet 5 of the classification of roads plans, comprising 32 metres
Elmstone Hardwicke Civil Parish, Tewkesbury	New length of classified road (A4019) between the new M5 Junction 10 circulatory carriageway (A4019) and the new M5 northbound merge slip road, as shown between points 5/8 and 5/2 on sheet 5 of the classification of roads plans, comprising 38 metres
Elmstone Hardwicke Civil Parish, Tewkesbury	New length of classified road (A4019) between the new M5 southbound diverge slip road and the new M5 Junction 10 circulatory carriageway (A4019), as shown between points 5/3 and 5/9 on sheet 5 of the classification of roads plans, comprising 57 metres
Boddington Civil Parish, Tewkesbury	New length of classified road (A4019) between the new M5 Junction 10 circulatory carriageway (A4019) and the new M5 southbound merge slip road, as shown between points 5/10 and 5/4 on sheet 5 of the classification of roads plans, comprising 29 metres
Elmstone Hardwicke and Uckington Civil Parishes, Tewkesbury and Swindon Civil Parish, Cheltenham	For the entire extent of the new and improved A4019 eastbound carriageway to the east of M5 Junction 10, from its tie in with the new M5 Junction 10 circulatory carriageway to its tie in with the existing A4019 eastbound carriageway, as shown between point 5/11 on sheet 5 and point 14/1 on sheet 14 of the classification of roads plans, comprising 2637 metres
Boddington, Elmstone Hardwicke and Uckington Civil Parishes, Tewkesbury and Swindon Civil Parish, Cheltenham	For the entire extent of the new and improved A4019 westbound carriageway to the east of M5 Junction 10, from its tie in to the existing A4019 westbound carriageway to its tie in with the new M5 Junction 10 circulatory carriageway, as shown between point 14/2 on sheet 14 and point 5/12 on sheet 5 of the classification of roads plans, comprising 2617 metres
Boddington Civil Parish, Tewkesbury	New and improved A4019 westbound carriageway to the west of M5 Junction 10, from its tie in with the new M5 Junction 10 circulatory carriageway to the end of the proposed splitter island, as shown between points 5/13 and 5/14 on sheet 5 of the classification of roads plans, comprising 207 metres
Boddington Civil Parish, Tewkesbury	New and improved A4019 eastbound carriageway to the west of M5 Junction 10, from the start of the proposed splitter island to its tie in with the new M5 Junction 10 circulatory carriageway, as shown between points 5/14 and 5/15 on sheet 5 of the classification of roads plans, comprising 182 metres
Boddington Civil Parish, Tewkesbury	The re-aligned A4019 to the west of the proposed splitter island west of M5 Junction 10, as shown between point 5/14 on sheet 5 and point 11/1 on sheet 11 of the classification of roads plans, comprising 362 metres
Boddington and Uckington Civil Parishes, Tewkesbury	For the entire extent of the new West Cheltenham Link Road, from its junction with the A4019 to its junction with the B4634, as shown between point 12/1 on sheet 12 and point 16/1 on sheet 16 of the classification of roads plans, comprising 1419 metres
Uckington Civil Parish, Tewkesbury	The re-aligned B4634 carriageway as shown between points 14/3 and 14/4 on sheet 14 of the classification of roads plans, comprising 115 metres
Boddington Civil Parish, Tewkesbury	The re-aligned B4634 carriageway as shown between points 16/2 and 16/3 on sheet 16 of the classification of roads plans, comprising 488 metres

PART 3 — UNCLASSIFIED ROADS

(1) Area	(2) Length of road
Elmstone Hardwicke Civil Parish, Tewkesbury	Altered unclassified road Stanboro Lane / Piffs Elm Lane, as shown between points 5/16, 5/17 and 5/18 on sheet 5 and point 11/2 on sheet 11 of the classification of roads plans, comprising 427 metres
Boddington and Uckington Civil Parishes, Tewkesbury	Altered unclassified road Withybridge Lane, as shown between points 12/2 and 12/3 on sheet 12 of the classification of roads plans, comprising 157 metres
Boddington and Uckington Civil Parishes, Tewkesbury	New unclassified road off the new West Cheltenham Link Road to the altered unclassified road known as Cooks Lane, as shown between points 12/4 and 12/5 on sheet 12 of the classification of roads plans, comprising 492 metres
Uckington Civil Parish, Tewkesbury	Altered unclassified road Cooks Lane, as shown between points 12/6 and 12/7 on sheet 12 of the classification of roads plans, comprising 40 metres
Uckington Civil Parish, Tewkesbury	New unclassified road on the northern arm of the A4019 junction with the new West Cheltenham Link Road, as shown between points 12/8, 12/9 and 12/10 on sheet 12 of the classification of roads plans, comprising 128 metres
Uckington Civil Parish, Tewkesbury	Altered unclassified road Moat Lane, as shown between points 13/1 and 13/2 on sheet 13 of the classification of roads plans, comprising 70 metres
Uckington Civil Parish, Tewkesbury	Altered unclassified road The Green, as shown between points 13/3 and 13/4 on sheet 13 of the classification of roads plans, comprising 48 metres
Uckington Civil Parish, Tewkesbury	New unclassified road to the west of The Green, as shown between points 13/5 and 13/6 on sheet 13 of the classification of roads plans, comprising 67 metres
Uckington Civil Parish, Tewkesbury	New unclassified road to the east of The Green, as shown between points 13/7 and 13/8 on sheet 13 of the classification of roads plans, comprising 236 metres
Uckington Civil Parish, Tewkesbury	New unclassified road on the northern arm of the new Site Access A signalised junction, as shown between points 13/9 and 13/10 on sheet 13 of the classification of roads plans, comprising 35 metres
Uckington Civil Parish, Tewkesbury	Altered unclassified road Homecroft Drive, as shown between points 13/12 and 13/13 on sheet 13 of the classification of roads plans, comprising 41 metres
Uckington Civil Parish, Tewkesbury	New unclassified road on the southern arm of the A4019 Site Access B junction serving Homecroft Drive and the Cheltenham West Community Fire Station, as shown between points 14/7 and 14/8 on sheet 14 and point 13/11 on sheet 13 of the classification of roads plans, comprising 445 metres
Uckington Civil Parish, Tewkesbury	New unclassified road on the northern arm of the new Site Access B signalised junction, as shown between points 14/5 and 14/6 on sheet 14 of the classification of roads plans, comprising 33 metres
Uckington Civil Parish, Tewkesbury	Altered unclassified road on the northern arm of the Gallagher Junction serving Gallagher Retail Park, as shown between points 14/9 and 14/10 on sheet 14 of the classification of roads plans, comprising 78 metres
Boddington Civil Parish, Tewkesbury	New unclassified road to the proposed West Cheltenham Golden Valley Development at the new signalised junction between the West Cheltenham Link Road and the B4634, as shown between points 16/4 and 16/5 on sheet 16 of the classification of roads plans, comprising 30 metres

PART 4 — SPEED LIMITS

(1) Area	(2) Road name, number and length	(3) Speed limit
Elmstone Hardwicke Civil Parish, Tewkesbury	M5 Junction 10 Southbound Diverge Slip Road From point 4/2 on sheet 4 to point 5/3 on sheet 5 of the speed limits and traffic regulations plans, for a total distance of 814 metres	National speed limit for motorways
Boddington Civil Parish, Tewkesbury	The new classified road from M5 Junction 10 Northbound Diverge Slip Road to the M5 Junction 10 Roundabout (A4019) From point 5/1 to point 5/7 on sheet 5 of the speed limits and traffic regulations plans, for a total distance of 32 metres	50mph
Elmstone Hardwicke Civil Parish, Tewkesbury	M5 Junction 10 Northbound Merge Slip Road From point 5/2 on sheet 5 to point 4/1 on sheet 4 of the speed limits and traffic regulations plans, for a total distance of 815 metres	National speed limit for motorways
Elmstone Hardwicke Civil Parish, Tewkesbury	The new classified road from the M5 Junction 10 Southbound Diverge Slip Road to the M5 Junction 10 Roundabout (A4019) From point 5/3 to point 5/9 on sheet 5 of the speed limits and traffic regulations plans, for a total distance of 57 metres	50mph
Boddington Civil Parish, Tewkesbury	M5 Junction 10 Southbound Merge Slip Road From point 5/4 on sheet 5 to point 6/1 on sheet 6 of the speed limits and traffic regulations plans, for a total distance of 741 metres	National speed limit for motorways
Boddington and Elmstone Hardwicke Civil Parishes, Tewkesbury	The new M5 Junction 10 roundabout (A4019) From point 5/5 to point 5/6 on sheet 5 of the speed limits and traffic regulations plans, for a total distance of 620 metres	50mph
Elmstone Hardwicke Civil Parish, Tewkesbury	The new classified road from the M5 Junction 10 Roundabout (A4019) to the M5 Junction 10 Northbound Merge Slip Road From point 5/8 to point 5/2 on sheet 5 of the speed limits and traffic regulations plans, for a total distance of 38 metres	50mph
Boddington Civil Parish, Tewkesbury	The new classified road from the M5 Junction 10 Roundabout (A4019) to the M5 Junction 10 Southbound Merge Slip Road From point 5/10 to point 5/4 on sheet 5 of the speed limits and traffic regulations plans, for a total distance of 29 metres	50mph
Boddington Civil Parish, Tewkesbury	Unclassified road Stanboro Lane / Piffs Elm Lane From point 5/11 to point 5/12 on sheet 5 of the speed limits and traffic regulations plans, for a total distance of 14 metres	50mph
Boddington, Elmstone Hardwicke Civil Parishes, Tewkesbury	Unclassified road Stanboro Lane / Piffs Elm Lane From point 5/12 to points 5/13 and 5/14 on sheet 5 of the speed limits and traffic regulations plans, and to point 11/2 on sheet 11 of the speed limits and traffic regulations plans, for a total distance of 440 metres	30mph
Boddington, Elmstone Hardwicke and Uckington Civil Parishes, Tewkesbury	A4019 (east of M5 Junction 10) From point 5/16 on sheet 5 to point 12/2 on sheet 12 of the speed limits and traffic regulations plans, for a total distance of 567 metres	50mph
Boddington Civil Parish, Tewkesbury	M5 Junction 10 Northbound Diverge Slip Road From point 7/1 on sheet 7 to point 5/1 on sheet 5 of the speed limits and traffic regulations plans, for a total distance of 869 metres	National speed limit for motorways
Boddington and Uckington Civil Parishes, Tewkesbury	The new classified road West Cheltenham Link Road From point 12/1 on sheet 12 to point 16/4 on sheet 16 of the speed limits and traffic regulations plans, for a total distance of 1336 metres	50mph
Boddington Civil Parish, Tewkesbury	A4019 (west of M5 Junction 10) From point 11/1 on sheet 11 to point 5/15 on sheet 5 of the speed limits and traffic regulations plans, for a total distance of 567 metres	50mph
Uckington Civil Parish, Tewkesbury	The new access road to the north of the A4019 West Cheltenham Link Road junction From point 12/3 to point 12/4 on sheet 12 of the speed limits and traffic regulations plans, for a total distance of 19 metres	50mph
Uckington Civil Parish, Tewkesbury	The new access road to the north of the A4019 West Cheltenham Link Road junction From point 12/4 to point 12/5 and point 12/6 on sheet 12 of the speed limits and traffic regulations plans, for a total distance of 110 metres	30mph
Uckington Civil Parish, Tewkesbury	Unclassified road off the new West Cheltenham Link Road to the altered unclassified road known as Cooks Lane From point 12/7 to point 12/8 on sheet 12 of the speed limits and traffic regulations plans, for a total distance of 12 metres	50mph
Uckington Civil Parish, Tewkesbury	Unclassified road off the new West Cheltenham Link Road to the altered unclassified road known as Cooks Lane From point 12/8 to point 12/9 on sheet 12 of the speed limits and traffic regulations plans, for a total distance of 480 metres	30mph
Uckington Civil Parish, Tewkesbury and Swindon Civil Parish, Cheltenham	A4019 From point 12/2 on sheet 12 to point 14/1 on sheet 14 of the speed limits and traffic regulations plans, for a total distance of 1705 metres	40mph
Uckington Civil Parish, Tewkesbury	Unclassified road 3/84 known as The Green From point 13/1 to point 13/2 on sheet 13 of the speed limits and traffic regulations plans, for a total distance of 24 metres	40mph
Uckington Civil Parish, Tewkesbury	Unclassified service road to the west of The Green From point 13/3 to point 13/4 on sheet 13 of the speed limits and traffic regulations plans, for a total distance of 67 metres	40mph
Uckington Civil Parish, Tewkesbury	Unclassified service road to the east of The Green From point 13/5 to point 13/6 on sheet 13 of the speed limits and traffic regulations plans, for a total distance of 236 metres	40mph
Uckington Civil Parish, Tewkesbury	Unclassified road known as Moat Lane From point 13/7 to point 13/8 on sheet 13 of the speed limits and traffic regulations plans, for a total distance of 34 metres	40mph
Uckington Civil Parish, Tewkesbury	New unclassified road on the northern arm of the new Site Access A signalised junction From point 13/9 to point 13/10 on sheet 13 of the speed limits and traffic regulations plans, for a total distance of 35 metres	40mph
Uckington Civil Parish, Tewkesbury	New unclassified road on the northern arm of the new Site Access B signalised junction From point 14/2 to point 14/3 on sheet 14 of the speed limits and traffic regulations plans, for a total distance of 33 metres	40mph
Uckington Civil Parish, Tewkesbury	Unclassified service road to the south of the A4019 serving Homecroft Drive and the Cheltenham West Community Fire Station From point 14/4 to points 14/5 and 14/6 on sheet 14 of the speed limits and traffic regulations plans, for a total distance of 58 metres	40mph
Uckington Civil Parish, Tewkesbury	Unclassified service road to the south of the A4019 serving Homecroft Drive and the Cheltenham West Community Fire Station From point 14/6 on sheet 14 to point 13/11 on sheet 13 of the speed limits and traffic regulations plans, for a total distance of 389 metres	30mph
Uckington Civil Parish, Tewkesbury	Unclassified road on the northern arm of the Gallagher Junction serving Gallagher Retail Park From point 14/7 to point 14/8 on sheet 14 of the speed limits and traffic regulations plans, for a total distance of 46 metres	40mph
Uckington Civil Parish, Tewkesbury	B4634 Hayden Road From point 14/9 to point 14/10 on sheet 14 of the speed limits and traffic regulations plans, for a total distance of 125 metres	40mph
Boddington Civil Parish, Tewkesbury	B4634 Old Gloucester Road From point 16/1 to point 16/2 on sheet 16 of the speed limits and traffic regulations plans, for a total distance of 977 metres	40mph
Boddington Civil Parish, Tewkesbury	The new classified road West Cheltenham Link Road From point 16/3 to point 16/4 on sheet 16 of the speed limits and traffic regulations plans, for a total distance of 80 metres	40mph
Boddington Civil Parish, Tewkesbury	The new access road to the proposed West Cheltenham Golden Valley Development at the new signalised junction between the West Cheltenham Link Road and the B4634 From point 16/5 to point 16/6 on sheet 16 of the speed limits and traffic regulations plans, for a total distance of 30 metres	40mph

PART 5 — TRAFFIC REGULATION MEASURES

(1) Area	(2) Road name, number and length	(3) Measures
Uckington and Boddington Civil Parishes, Tewkesbury and Swindon Civil Parish, Cheltenham	A4019 eastbound carriageway From a point 217 metres west of the centre point of the A4019 junction with the new West Cheltenham Link Road (point a on sheet 12 of the speed limits and traffic regulations plans) to a point 224 metres east of the centre point of the A4019 junction with the B4634 Hayden Road (point c on sheet 14 of the speed limits and traffic regulations plans). For a total distance of 2272 metres	Prohibition of U-turns
Uckington Civil Parish, Tewkesbury and Swindon Civil Parish, Cheltenham	A4019 westbound carriageway From a point 224 metres east of the centre point of the A4019 junction with the B4634 Hayden Road (point d on sheet 14 of the speed limits and traffic regulations plans) to a point 197 metres west of the centre point of the A4019 junction with the new West Cheltenham Link Road (point b on sheet 12 of the speed limits and traffic regulations plans). For a total distance of 2246 metres	Prohibition of U-turns
Uckington Civil Parish, Cheltenham	A4019 eastbound carriageway From a point 33 metres west of the centre point of the new A4019 junction with Site Access A to a point 11 metres west of the centre point of the new A4019 junction with Site Access A, as shown between point e and point f on sheet 13 of the speed limits and traffic regulations plans, comprising 22 metres. From a point 16 metres east of the centre point of the new A4019 junction with Site Access A to a point 121 metres west of the centre point of the new A4019 junction with Site Access B, as shown between point g on sheet 13 and point h on sheet 14 of the speed limits and traffic regulations plans, comprising 187 metres. From a point 28 metres west of the centre point of the new A4019 junction with Site Access B to a point 10 metres west of the centre point of the new A4019 junction with Site Access B, as shown between point i and point j on sheet 14 of the speed limits and traffic regulations plans, comprising 18 metres. From a point 19 metres east of the centre point of the new A4019 junction with Site Access B to a point 83 metres east of the centre point of the new A4019 junction with Site Access B, as shown between point k and point l on sheet 14 of the speed limits and traffic regulations plans, comprising 64 metres. From a point 34 metres west of the centre point of the A4019 Gallagher junction to a point 13 metres west of the centre point of the A4019 Gallagher junction, as shown between point m and point n on sheet 14 of the speed limits and traffic regulations plans, comprising 21 metres.	Bus Lane (with specified exemptions for authorised vehicles)
Uckington Civil Parish, Cheltenham	A4019 westbound carriageway From a point 96 metres east of the centre point of the new A4019 junction with Site Access B to a point 10 metres east of the centre point of the new A4019 junction with Site Access B, as shown between point o and point p on sheet 14 of the speed limits and traffic regulations plans, comprising 86 metres.	Bus Lane (with specified exemptions for authorised vehicles)

PART 6 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

(1) Area	(2) Road name, number and length	(3) Title of Order	(4) Revocations or variations
Uckington Civil Parish, Tewkesbury and Swindon Civil Parish, Cheltenham	A4019 Tewkesbury Road	The Gloucestershire County Council (Various Speed Limits) (Various Parishes within the Tewkesbury Borough) Order 2006	Order to be varied to amend the length of A4019 Tewkesbury Road subject to a 50mph speed limit. Start point to be varied from the existing point 584 metres west of its junction with the centreline of Manor Road (3/85), point A on sheet 14 of the speed limits and traffic regulations plans, to a point 389 metres west of its junction with the centreline of The Green, point B on sheet 12 of the speed limits and traffic regulations plans, for a total distance of 1275 metres
Uckington Civil Parish, Tewkesbury and Swindon Civil Parish, Cheltenham	A4019 Tewkesbury Road	The Gloucestershire County Council (A4019 Tewkesbury Road, Cheltenham) (40mph Speed Limit Order) 1993	Order to be varied to amend the length of A4019 Tewkesbury Road subject to a 40mph speed limit. End point to be varied from the existing point 584 metres west of its junction with the centreline of Manor Road (3/85), point A on sheet 14 of the speed limits and traffic regulations plans, to a point 389 metres west of its junction with the centreline of The Green, point B on sheet 12 of the speed limits and traffic regulations plans, for a total distance of 1275 metres
Boddington Civil Parish, Tewkesbury	B4634 Old Gloucester Road	The Gloucestershire County Council (Various Speed Limits) (Various Parishes within the Tewkesbury Borough) Order 2006	Order to be varied from 50mph to 40mph between a point 850 metres west of its junction with the centreline of Pilgrove Way (40219) and a point 230 metres south-west of its junction with the centreline of Hayden Lane (40427), as shown between points C and D on sheet 16 of the speed limits and traffic regulations plans, for a total distance of 978 metres
Uckington Civil Parish, Tewkesbury	The Green (3/84)	The Gloucestershire County Council (Various Speed Limits) (Bishops Cleeve; Stoke Orchard; Tredington; Hardwicke and Uckington) Order 2005	Order to be varied from 30mph to 40mph from its junction with the proposed kerbline on the northern side of Tewkesbury Road (A4019) to a point 24 metres north of this point, as shown by point E on sheet 13 of the speed limits and traffic regulations plans, for a total distance of 24 metres

PART 7 — PUBLIC RIGHTS OF WAY

(1) Area	(2) Status and length of public right of way
Uckington Civil Parish, Tewkesbury	PR49 309 metres of footpath to the north of the River Chelt, rerouting the existing footpath ref. AUC11 under the new River Chelt Bridge, as shown on sheet 15 of the streets, rights of way and access plans
Boddington Civil Parish, Tewkesbury	PR50 104 metres of footpath to the south of the River Chelt, rerouting the existing footpath ref. ABO24 under the new River Chelt Bridge, as shown on sheet 15 of the streets, rights of way and access plans
Boddington Civil Parish, Tewkesbury	PR12 275 metres of footpath to the west of M5 Junction 10 and to the south of the A4019, rerouting the existing footpath ref. ABO14, as shown on sheets 5 and 11 of the streets, rights of way and access plans
Boddington, Elmstone Hardwicke and Uckington Civil Parishes	PR9 800 metres of bridleway from the existing bridleway ref. AUC1 to Withybridge Lane via the new A4019 underpass, as shown on sheets 5, 6 and 12 of the streets, rights of way and access plans
Uckington Civil Parish, Tewkesbury	PR14 167 metres of footpath to the east of the existing bridleway ref. AUC1, as shown on sheet 12 of the streets, rights of way and access plans

SCHEDULE 4 — PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

In relating this Schedule to the streets, rights of way and access plans, the provisions described in this Schedule are shown on the streets, rights of way and access plans in the following manner—

(a) Existing highways to be stopped up, as described in column (2) of Part 1 and Part 2 of this Schedule, are shown by thick black diagonal hatching (as shown in the key on the streets, rights of way and access plans) over the extent of the area to be stopped up, which is described in column (3) of Part 1 and Part 2 of this Schedule.

(b) New highways which are to be substituted for a highway to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 2 of this Schedule, are shown by red honeycomb hatching (for motorways and trunk roads), blue honeycomb hatching (for other classified roads and highways), dashed green lines (for bridleways) and dashed red lines (for footpaths) (as shown in the key on the streets, rights of way and access plans) and are given a reference label (a reference number in a circle or for public rights of way, a reference label beginning PR in a circle) and will be a road unless otherwise stated beneath its reference in column (4) of Part 2 of this Schedule.

(c) Private means of access to be stopped up, as described in column (2) of Parts 3 and 4 of this Schedule, are shown by thick brown diagonal hatching (as shown in the key on the streets, rights of way and access plans) over the extent of stopping up described in column (3) of Parts 3 and 4 of this Schedule, and are given a reference label (an upper case letter in a circle).

(d) New private means of access to be substituted for a private means of access to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 4 of this Schedule, are shown by orange honeycomb hatching (as shown in the key on the streets, rights of way and access plans) and are given a reference label (a lower case letter in a circle).

PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTES IS TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up
Boddington Civil Parish, Tewkesbury	Withybridge Gardens	For a distance of 420 metres, as shown between point 5/1 on sheet 5 of the streets, rights of way and access plans and point 12/1 on sheet 12 of the streets, rights of way and access plans
Boddington and Elmstone Hardwicke Civil Parishes, Tewkesbury	Stanboro Lane / Piffs Elm Lane	For a distance of 127 metres as shown between points 5/2 and 5/3 on sheet 5 of the streets, rights of way and access plans

PART 2 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

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