The M5 Junction 10 Development Consent Order 2025

(1) Plot Reference Number shown on land plans	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development
Land Plans – Sheet 1	Land Plans – Sheet 1	Land Plans – Sheet 1
1/1a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
1/1a(i)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
1/1a(ii)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
1/1b	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
1A/1a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
1A/1a(i)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
1A/1a(ii)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
1A/1b	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
Land Plans – Sheet 2	Land Plans – Sheet 2	Land Plans – Sheet 2
2/1a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
2/1a(i)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
2/1b	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
2/1c	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
2/1d	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
2/1e	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
2/2a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
Land Plans – Sheet 3	Land Plans – Sheet 3	Land Plans – Sheet 3
3/1a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
3/1b	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
3/1c	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
3/1d	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
3/1e	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
3/1f	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
3/2a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
3/2c	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
Land Plans – Sheet 4	Land Plans – Sheet 4	Land Plans – Sheet 4
4/1a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
4/1b	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
4/1c(i)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
4/1e	Required for the construction of a new southbound exit slip from the M5 to the A4019 Required for the construction of an environmental barrier adjacent to land housing a traveller site north of Junction 10 and east of the M5	1c, 1o
4/2a	Required for construction of an environmental barrier adjacent to Barn Farm north of Junction 10 and west of the M5	1n
4/3g	Required for construction compound no. 2 northwest of Junction 10	1j
4/3g(i)	Required for temporary working space for the construction of a new northbound entry slip from the A4019 to the M5	1e
4/3i	Required for construction compound no. 2 northwest of Junction 10	1j
4/3k	Required for construction compound no. 2 northwest of Junction 10	1j
4/3l	Required for construction compound no. 2 northwest of Junction 10	1j
4/3m	Required for construction compound no. 2 northwest of Junction 10	1j
Land Plans – Sheets 5 and 5A	Land Plans – Sheets 5 and 5A	Land Plans – Sheets 5 and 5A
5/1a	Required for construction compound no. 2 northwest of Junction 10	1j
5/1a(ii)	Required for construction compound no.2 northwest of Junction 10	1j
5/1c	Required for construction compound no. 2 northwest of Junction 10	1j
5/2a	Required for the construction of a new southbound exit slip from the M5 to the A4019 Required for the construction of a new northbound entry slip from the A4019 to the M5	1c, 1e
5/2b	Required for the construction of a new southbound exit slip from the M5 to the A4019 Required for the extension of the Leigh Brook culvert (also known as the Barn Farm culvert) Required for the construction of an environmental barrier adjacent to land housing a traveller site north of Junction 10 and east of the M5	1c, 1m, 1o
5/2c	Required for the construction of a new southbound exit slip from the M5 to the A4019 Required for the extension of the Leigh Brook culvert (also known as the Barn Farm culvert) Required for the construction of an environmental barrier adjacent to land housing a traveller site north of Junction 10 and east of the M5	1c, 1m, 1o
5/2e	Required for the construction of a new northbound entry slip from the A4019 to the M5 Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the construction of a new roundabout over the M5 comprising a circulatory carriageway and the Piffs Elm interchange bridges (north and south) Required for the demolition of the existing NRTS Transmission Station and associated infrastructure	1e, 2, 2a, 36a
5/2f	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2g	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2q	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2s	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2t	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2u	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2v	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2w	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2x	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2bb	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2ff	Required for the construction of a new southbound exit slip from the M5 to the A4019 Required for the demolition of the existing M5 southbound exit slip Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5 Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	1c, 1g, 2, 2d, 4
5/2hh	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2ii	Required for the demolition of the existing M5 southbound exit slip Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the construction of an underpass west of Withybridge Lane Required for the diversion and construction of bridleway BR AUC1 under the A4019 (Tewkesbury Road)	1g, 4, 4b, 4c
5/2ll	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/2nn	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
5/2qq	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
5/2rr	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
5/2tt	Required for the construction of motorway signage and associated cabling and ducting works Required for the construction of a new northbound exit slip from the M5 to the A4019	1a, 1b
5/4c	Required for construction compound no. 3 northeast of Junction 10	1k
5/4c(i)	Required for construction compound no. 3 northeast of Junction 10	1k
5/4d	Required for construction compound no. 3 northeast of Junction 10	1k
5/4d(i)	Required for construction compound no. 3 northeast of Junction 10	1k
5/4d(ii)	Required for construction compound no. 3 northeast of Junction 10	1k
5/4d(iii)	Required for construction compound no. 3 northeast of Junction 10	1k
5/5a(i)	Required for construction compound no. 2 northwest of Junction 10 and protection of existing features	1j
5/5a(ii)	Required for construction compound no. 2 northwest of Junction 10 and protection of existing features	1j
5/5b(i)	Required for construction compound no. 2 northwest of Junction 10	1j
5/6c	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the realignment of the unclassified road known as Stanboro Lane	2, 3a
5/6d	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/6d(i)	Required for the construction of a new grade separated roundabout junction and maintenance bays Required for the demolition of the existing A4019 bridge over the M5	2, 2d
5/10c	Required for temporary working space for the construction of new or altered private means of access	3d
5/10e	Required for construction compound no. 1 southwest of Junction 10	1i
5/10g	Required for construction compound no. 1 southwest of Junction 10	1i
5/11a	Required for construction compound no. 4 north of the A4019 (Tewkesbury Road)	1k
5/31a(ii)	Required for construction compound no. 3 northeast of Junction 10	1k
5/31b(ii)	Required for construction compound no. 3 northeast of Junction 10	1k
5/31c(ii)	Required for construction compound no. 3 northeast of Junction 10	1k
5/33d	Required for construction compound no. 3 northeast of Junction 10	1k
Land Plans – Sheet 6	Land Plans – Sheet 6	Land Plans – Sheet 6
6/1a	Required for construction compound no. 1 southwest of Junction 10	1i
6/1b	Required for construction compound no. 1 southwest of Junction 10	1i
6/1f	Required for construction compound no. 1 southwest of Junction 10	1i
61f(i)	Required for construction compound no. 1 southwest of Junction 10	1i
6/1h	Required for the construction of a new northbound exit slip from the M5 to the A4019	1b
6/2a	Required for the construction of a new northbound exit slip from the M5 to the A4019 Required for the construction of a new southbound entry slip from the A4019 to the M5	1b, 1d
6/2b	Required for the construction of a new northbound exit slip from the M5 to the A4019 Required for the construction of a new southbound entry slip from the A4019 to the M5	1b, 1d
6/3c	Required for the construction of a new northbound exit slip from the M5 to the A4019	1b
6/3c(i)	Required for the construction of a new northbound exit slip from the M5 to the A4019	1b
6/3c(ii)	Required for the construction of a new northbound exit slip from the M5 to the A4019	1b
6/3c(iii)	Required for the construction of a new northbound exit slip from the M5 to the A4019	1b
6/4d	Required for construction compound no. 9 south of Junction 10	1p
6/6a	Required for construction compound no. 9 south of Junction 10	1p
6/6b	Required for construction compound no. 9 south of Junction 10	1p
6/7a	Required for the realignment of Withybridge Lane connecting to the realigned and dualled A4019 (Tewkesbury Road)	4bb
6/9a	Required for the realignment of Withybridge Lane connecting to the realigned and dualled A4019 (Tewkesbury Road)	4bb
Land Plans – Sheet 7	Land Plans – Sheet 7	Land Plans – Sheet 7
7/1a	Required for the construction of a new northbound exit slip from the M5 to the A4019	1b
7/1a(i)	Required for the construction of a new northbound exit slip from the M5 to the A4019	1b
7/2a	Required for the construction of motorway signage and associated cabling and ducting works and associated works Required for the construction of a new northbound exit slip from the M5 to the A4019	1a, 1b
7/2a(i)	Required for the construction of motorway signage and associated cabling and ducting works and associated works Required for the construction of a new northbound exit slip from the M5 to the A4019	1a, 1b
7/2a(ii)	Required for the construction of motorway signage and associated cabling and ducting works and associated works Required for the construction of a new northbound exit slip from the M5 to the A4019	1a, 1b
7/2b	Required for the construction of motorway signage and associated cabling and ducting works	1a
7/2c	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
7/3d	Required for the construction of a new southbound entry slip from the A4019 to the M5	1d
7/3d(i)	Required for the construction of a new southbound entry slip from the A4019 to the M5	1d
Land Plans – Sheet 8	Land Plans – Sheet 8	Land Plans – Sheet 8
8/1a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
8/1b	Required for the construction of motorway signage and associated cabling and ducting works and associated works Required for the demolition of the existing NRTS Transmission Station and associated infrastructure	1a, 36b
Land Plans – Sheet 9	Land Plans – Sheet 9	Land Plans – Sheet 9
9/1a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
9/1b	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
9/1c	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
9/1d	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
9/1e	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
9/1e(i)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
9/1e(ii)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
9/1f	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
Land Plans – Sheet 10	Land Plans – Sheet 10	Land Plans – Sheet 10
10/1a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/1b	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/1c	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/1c(i)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/1d	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/1e	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/1e(i)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/1e(ii)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/1e(iii)	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/2a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
10/3a	Required for the construction of motorway signage and associated cabling and ducting works and associated works	1a
Land Plans – Sheet 11	Land Plans – Sheet 11	Land Plans – Sheet 11
11/1f	Required for the construction of new or altered private means of access	3d
11/3c	Required for the realignment and widening of the A4019 (Tewkesbury Road) northwest of Junction 10 with associated footway, cycleway, shared use path, private access points, signage and ducting	3
Land Plans – Sheets 12 and 12A	Land Plans – Sheets 12 and 12A	Land Plans – Sheets 12 and 12A
12/1a	Required for construction compound no. 4 north of the A4019 (Tewkesbury Road)	4i
12/1d	Required for construction compound no. 4 north of the A4019 (Tewkesbury Road)	4i
12/2a	Required for construction compound no. 4 north of the A4019 (Tewkesbury Road) Required for mitigation planting for dormice	4i, 4j
12/2f	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the realignment of Withybridge Lane connecting to the realigned and dualled A4019 (Tewkesbury Road) Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4bb, 10, 29
12/2g	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 10
12/2h	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 10
12/2j	Required for construction compound no. 5 east of Withybridge Lane and west of the new West Cheltenham Link Road	5b
12/2l	Required for construction compound no. 5 east of Withybridge Lane and west of the new West Cheltenham Link Road	5b
12/2m	Required for construction compound no. 5 east of Withybridge Lane and west of the new West Cheltenham Link Road	5b
12/2n	Required for the construction of a service road linking properties south of the A4019 (Tewkesbury Road) and Cooks Lane Required for the diversion of telecommunication cable and associated apparatus and equipment	5a, 30
12/2o	Required for the construction of a service road linking properties south of the A4019 (Tewkesbury Road) and Cooks Lane	5a
12/2o(i)	Required for construction compound no. 6 east of the new West Cheltenham Link Road and south of the A4019 (Tewkesbury Road)	5c
12/2q	Required for the construction of a service road linking properties south of the A4019 (Tewkesbury Road) and Cooks Lane	5a
12/2r	Required for the construction of a service road linking properties south of the A4019 (Tewkesbury Road) and Cooks Lane	5a
12/2s	Required for construction compound no. 6 east of the new West Cheltenham Link Road and south of the A4019 (Tewkesbury Road) Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment	5c, 21
12/2t	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the removal of an existing layby south of the A4019 (Tewkesbury Road) Required for the construction of an environmental barrier south of the A4019 (Tewkesbury Road) west of Cooks Lane Junction Required for the construction of a service road linking properties south of the A4019 (Tewkesbury Road) and Cooks Lane Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4h, 4k, 5a, 10, 15, 30
12/2u	Required for the construction of new or altered private means of access Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment	5k, 21
12/2y	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 10
12/2aa	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
12/7c	Required for construction compound no. 4 north of the A4019 (Tewkesbury Road)	4i
12/7e	Required for construction compound no. 4 north of the A4019 (Tewkesbury Road)	4i
12/7e(i)	Required for realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
12/7f	Required to construct, use, protect, inspect and maintain mitigation planting for dormice	4j
12/7h	Required to construct, use, protect, inspect and maintain mitigation planting for dormice	4j
12/8a	Required to construct, use, protect, inspect and maintain mitigation planting for dormice	4j
12/14a	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
12/15a	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
12/17a	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
Land Plans – Sheets 13 and 13A	Land Plans – Sheets 13 and 13A	Land Plans – Sheets 13 and 13A
13/1b	Required to construct, use, protect, inspect and maintain mitigation planting for dormice	4j
13/1c	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
13/1f	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
13/2a	Required to construct, use, protect, inspect and maintain mitigation planting for dormice	4j
13/2c	Required to construct, use, protect, inspect and maintain mitigation planting for dormice	4j
13/3a	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
13/3c	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the construction of environmental barriers west and east of The Green, north of the A4019 (Tewkesbury Road) Required for the construction of a service road running east and west of The Green Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4n, 4o, 11, 15, 27, 31
13/3e	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the construction of new or altered private means of access Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4g, 11
13/3f	Required for the construction of new or altered private means of access Required for the diversion of telecommunication cable and associated apparatus and equipment	4g, 31
13/3g	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the construction of new or altered private means of access Required for the construction of a signalised junction serving Moat Lane and The Green with pedestrian and cycle crossing points and maintenance bay Required for the construction of a service road running east and west of The Green Required for the construction of environmental barriers west and east of The Green, north of the A4019 (Tewkesbury Road) Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4g, 4m, 4n, 4o, 11, 15, 17, 22, 27, 31
13/3g(i)	Required for the construction of a signalised junction serving Moat Lane and The Green with pedestrian and cycle crossing points and maintenance bay Required for the diversion of Severn Trent Water Limited water pipeline	4m, 15
13/3g(ii)	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the construction of new or altered private means of access Required for the construction of a signalised junction serving Moat Lane and The Green with pedestrian and cycle crossing points and maintenance bay Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment	4, 4g, 4m, 11, 17, 22
13/3i	Required for the construction of new or altered private means of access Required for the demolition of buildings at Manor Farm west and southwest of Uckington Junction	4g, 4l
13/3j	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the construction of a signalised junction serving Moat Lane and The Green with pedestrian and cycle crossing points and maintenance bay Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4m, 15, 17, 27
13/3k	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the construction of a signalised junction serving Moat Lane and The Green with pedestrian and cycle crossing points and maintenance bay Required for the diversion of Wales & West Utilities Limited gas main	4, 4m, 17
13/3m	Required for the construction of a signalised junction serving Moat Lane and the Green with pedestrian and cycle crossing points and maintenance bay Required for the diversion of telecommunication cable and associated apparatus and equipment	4m, 31
13/3p	Required for the diversion of National Grid Electricity Distribution plc electric cable and associated apparatus and equipment	23
13/3r	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the construction of a service road running east and west of The Green Required for the construction of environmental barriers west and east of The Green, north of the A4019 (Tewkesbury Road) Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4n, 4o, 15, 27
13/3s	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the construction of new or altered private means of access Required for the construction of a service road running east and west of The Green Required for the construction of an environmental barrier south of the A4019 (Tewkesbury Road) between West Cheltenham Community Fire Station and the entrance to the Cotswold Area Civil Service Sports Association Required for 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 Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment Required for the diversion telecommunication cable and associated apparatus and equipment Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4g, 4n, 4t, 4v, 13, 15, 18, 23, 24, 27, 32
13/3y	Required for the construction of drainage attenuation basin (6) with associated drainage facilities, access and landscaping south of the A4109 (Tewkesbury Road)	4q
13/3bb	Required for 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 Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment Required for the diversion of 258 metres of telecommunication cable and associated apparatus and equipment	4v, 18, 24, 32
13/3cc	Required for the construction of new or altered private means of access	4g
13/3dd	Required for the construction of new or altered private means of access	4g
13/3ff	Required for 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 Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment Required for the diversion of telecommunication cable and associated apparatus and equipment	4v, 18, 24, 32
13/3gg	Required for 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	4s
13/3hh	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
13/3ii	Required for the construction of new or altered private means of access Required for the construction of service roads running east and west of The Green	4g, 4n
13/4a	Required to construct, use, protect, inspect and maintain mitigation planting for dormice	4j
13/10a	Required for the construction of new or altered private means of access Required for the construction of service roads running east and west of The Green	4g, 4n
Land Plans – Sheet 14	Land Plans – Sheet 14	Land Plans – Sheet 14
14/1a	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
14/1a(i)	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the demolition of buildings forming part of Baileys Nursery, west of Gallagher Retail Park access Required for the diversion of electric cable and associated apparatus and equipment	4, 4y, 24
14/1a(ii)	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the diversion of electric cable and associated apparatus and equipment	4, 24
14/1c	Realignment and dualling of the A4019 (Tewkesbury Road) with associated footway; cycleway; 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 Required for the construction of new or altered private means of access Required for the construction of an environmental barrier south of the A4019 (Tewkesbury Road) between West Cheltenham Community Fire Station and the entrance to the Cotswold Area Civil Service Sports Association Required for 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 Required for the alteration of the signalised junction serving Gallagher Retail Park and the B4634 to the south of the A4019 (Tewkesbury Road) with maintenance bay Required for the construction of a lane on the eastbound carriageway and associated works Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of telecommunication cable and associated apparatus and equipment Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4g, 4t, 4v, 4x, 4aa, 15, 18, 27, 32, 33
14/1c(i)	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the alteration of the signalised junction serving Gallagher Retail Park and the B4634 to the south of the A4019 (Tewkesbury Road) with maintenance bay Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of Wales & West Utilities Limited gas main	4, 4x, 15, 18
14/1c(ii)	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the alteration of the signalised junction serving Gallagher Retail Park and the B4634 to the south of the A4019 (Tewkesbury Road) with maintenance bay Required for the construction of a lane on the eastbound carriageway and associated works Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4x, 4aa, 27
14/1c(iii)	Required for the alteration of the signalised junction serving Gallagher Retail Park and the B4634 to the south of the A4019 (Tewkesbury Road) with maintenance bay Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of Wales & West Utilities gas main	4x, 15, 18
14/1d	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for 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 Required for the diversion of Severn Trent Water Limited water pipeline for the benefit of Severn Trent Water Limited Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 4v, 15, 18, 33
14/1h	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 18, 27
14/1i	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 27
14/1j	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the diversion of Wales & West Utilities Limited gas main Required for the diversion of telecommunication cable and associated apparatus and equipment	4, 18, 27
14/1k	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
14/1l	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting	4
14/2a	Required for the construction of new or altered private means of access	4g
14/2b	Required for the construction of new or altered private means of access	4g
14/4a	Required for the alteration of the signalised junction serving Gallagher Retail Park and the B4634 to the south of the A4019 (Tewkesbury Road) with maintenance bay	4x
14/8d	Required for the realignment and dualling of the A4019 (Tewkesbury Road) southeast of Junction 10, M5 to east of Gallagher Junction with associated footway, cycleway, shared use paths, private means of access, signage and ducting Required for the diversion of Wales & West Utilities Limited gas main	4, 18
Land Plans – Sheet 15	Land Plans – Sheet 15	Land Plans – Sheet 15
15/1a	Required for construction compound no. 9 south of Junction 10	1p
15/1b	Required for construction compound no. 9 south of Junction 10	1p
15/2a	Required for the realignment of Withybridge Lane connecting to the realigned and dualled A4019 (Tewkesbury Road)	4bb
15/4d	Required for the construction of a new West Cheltenham Link Road	5
15/4g	Required for the construction of a new West Cheltenham Link Road	5
15/5c	Required for the construction of a new West Cheltenham Link Road	5
15/5d	Required for the construction of a new West Cheltenham Link Road	5
15/5d(i)	Required for the construction of a new West Cheltenham Link Road	5
15/7b	Required for the construction of a new West Cheltenham Link Road	5
15/8e	Required for working space for construction compound no. 7 east of the new West Cheltenham Link Road	5g
15/8e(i)	Required for working space for construction compound no. 7 east of the new West Cheltenham Link Road	5g
15/8f	Required for construction compound no. 7 east of the new West Cheltenham Link Road	5g
15/8g	Required for the construction of a new West Cheltenham Link Road	5
15/8g(i)	Required for the construction of a new West Cheltenham Link Road	5
15/8h	Required for construction compound no. 7 east of the new West Cheltenham Link Road	5g
15/8i	Required for the diversion, use, protection, inspection and maintenance of 170 metres of gas main for the benefit of Wales & West Utilities Limited	35
15/8j	Required for the construction of a new West Cheltenham Link Road	5
15/8o	Required for the diversion, use, protection, inspection and maintenance of 170 metres of gas main for the benefit of Wales & West Utilities Limited	35
15/8q	Required for the construction of a new West Cheltenham Link Road	5
15/8r	Required for construction compound no. 7 east of the new West Cheltenham Link Road Required for the construction of new or altered private means of access	5g, 5k
15/8s	Required for construction compound no. 7 east of the new West Cheltenham Link Road	5g
15/8t	Required for the construction of a new West Cheltenham Link Road Required for the construction, use, protection and maintenance of a new bridge over the River Chelt and associated environmental mitigation Required for the diversion, construction, use and maintenance of public right of way FP ABO24 to the south of the River Chelt under the new River Chelt bridge	5, 5d, 5f
15/10b	Required for the construction of a new West Cheltenham Link Road	5
15/10c	Required for the construction of a new West Cheltenham Link Road	5
15/10c(i)	Required for the construction of a new West Cheltenham Link Road	5
15/10c(ii)	Required for the construction of a new West Cheltenham Link Road	5
Land Plans – Sheets 16 and 16A	Land Plans – Sheets 16 and 16A	Land Plans – Sheets 16 and 16A
16/3b	Required for construction compound no. 8 west of the new West Cheltenham Link Road	5h
16/3b(i)	Required for the construction of a new West Cheltenham Link Road	5
16/3f	Required for the construction of a new West Cheltenham Link Road	5
16/3f(i)	Required for the construction of a new West Cheltenham Link Road	5
16/3f(ii)	Required for the construction of a new West Cheltenham Link Road	5
16/3g	Required for the provision of a flood compensation area	6d
16/3h	Required for construction compound no. 8 west of the new West Cheltenham Link Road	5h
16/3j	Required for construction compound no. 8 west of the new West Cheltenham Link Road	5h
16/3m	Required for the construction of a new West Cheltenham Link Road	5
16/3n	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting	6
16/3n(i)	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting	6
16/3p	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting	6
16/3p(i)	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting	6
16/5b	Required for working space for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment	25
16/5e	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage, and ducting Required for the diversion of Severn Trent Water Limited water pipeline Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment	6, 14, 25
16/6c	Required for the diversion of National Grid Electricity Distribution PLC electric cable and associated apparatus and equipment	25
16/9b	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting Required for the construction of flood culverts (group 1) under the B4634 Required for the construction of flood culverts (group 2) under the B4634 Required for the construction of new or altered private means of access	6, 6a, 6b, 6c
16/10b	Required for diversion of electric cable and associated apparatus and equipment	26
16/10d	Required for the construction of a signalised junction serving the new West Cheltenham Link Road, the B4634, and the West Cheltenham Golden Valley Development land Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting Required for the construction of flood culverts (group 1) under the B4634 Required for the construction of flood culverts (group 2) under the B4634	5j, 6, 6a, 6b
16/11b	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting	6
16/11b(i)	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting	6
16/11b(ii)	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting	6
16/12a	Required for the realignment of the B4634 connecting to the new West Cheltenham Link Road with shared use path, private access, signage and ducting	6

SCHEDULE 8 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Name of Order/Type of tree	(2) Work to be carried out	(3) Relevant part of the authorised development
The Tewkesbury Borough Council (NO.325) (NORTH WEST CHELTENHAM, UCKINGTON) Tree Preservation Order 2010 / Poplar	Part of group to be felled, remaining trees to be protected using temporary barriers to define construction exclusion zone	4

SCHEDULE 9 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER, AND SEWERAGE UNDERTAKERS

1

For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

2

In this Part of this Schedule—

• “alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

• “apparatus” means— in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989[^f00091], belonging to or maintained by that utility undertaker; in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986[^f00092] for the purposes of gas supply; in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and in the case of a sewerage undertaker— any drain or works vested in the utility undertaker under the Water Industry Act 1991[^f00093]; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)[^f00094] (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104[^f00095] (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act, and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works, and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

• “functions” includes powers and duties;

• “in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

• “plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary, properly and sufficiently describe the works to be executed; and

• “utility undertaker” means— any licence holder within the meaning of Part 1 of the Electricity Act 1989; a gas transporter within the meaning of Part 1 of the Gas Act 1986; a water undertaker within the meaning of the Water Industry Act 1991; and a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,

for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3

This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets

4

• (1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

• (2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5

The undertaker, in the case of the powers conferred by article 19 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6

Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7

• (1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

• (2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

• (3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

• (4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 46 (arbitration).

• (5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 46 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

• (6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

• (7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Facilities and rights for alternative apparatus

8

• (1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 46 (arbitration).

• (2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9

• (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

• (2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

• (3) Any requirements made by a utility undertaker under sub-paragraph (2) are to be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

• (4) If a utility undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

• (5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

• (6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

Expenses and costs

10

• (1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).

• (2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

• (3) If in accordance with the provisions of this Part of this Schedule—

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

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

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 46 (arbitration) to be necessary then, if such placing involves cost exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

• (4) For the purposes of sub-paragraph (3)—

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

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

• (5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

11

• (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2) any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

• (a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

• (b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

• (2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

• (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

• (4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

Cooperation

12

Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

14

For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

15

In this Part of this Schedule—

• “the 2003 Act” means the Communications Act 2003[^f00096];

• “electronic communications apparatus” has the same meaning as in the electronic communications code;

• “the electronic communications code” has the same meaning as in section 106[^f00097] (application of the electronic communications code) of the 2003 Act;

• “electronic communications code network” means— so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; and an electronic communications network which the undertaker is providing or proposing to provide;

• “electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

• “infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 (infrastructure system) of that code; and

• “operator” means the operator of an electronic communications code network.

16

The exercise of the powers conferred by article 33 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

17

• (1) Subject to sub-paragraphs (2) to (4), if as a result of the authorised development or its construction, or of any subsidence resulting from the authorised development—

• (a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or

• (b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it by reason, or in consequence of, any such damage or interruption.

• (2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

• (3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

• (4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 46 (arbitration).

• (5) This Part of this Schedule does not apply to—

• (a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

• (b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.

• (6) Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 3 — FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

Application etc.

18

• (1) The provisions of this Part of this Schedule apply for the protection of National Highways and have effect unless otherwise agreed in writing between the undertaker and National Highways.

• (2) Except where expressly amended by this Order, the operation of the powers and duties of National Highways or the Secretary of State under the 1980 Act, the 1984 Act, the 1991 Act, the Transport Act 2000, or Town and Country Planning (General Permitted Development) (England) Order 2015 which shall continue to apply in respect of the exercise of all National Highways’ statutory functions.

Interpretation

19

• (1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with subparagraph (2), the latter prevail.

• (2) In this Part of this Schedule—

• “as built information” means one electronic copy of the following information— as constructed drawings in both PDF and AutoCAD DWG formats for anything designed by the undertaker; in compliance with Interim Advice Note 184 or any successor document; list of suppliers and materials used, as well as any relevant test results and CCTV surveys (if required to comply with DMRB standards); product data sheets and technical specifications for all materials used; as constructed information for any utilities discovered or moved during the works; method statements for the works carried out; in relation to road lighting, signs, and traffic signals any information required by Series 1300 and 1400 of the Specification for Highway Works or any replacement or modification of it; organisation and methods manuals for all products used; as constructed programme; test results and records as required by the detailed design information and during construction phase of the project; a stage 3 road safety audit subject to any exceptions to the road safety audit standard as agreed by the undertaker and National Highways; the health and safety file; and such other information as is required by National Highways to be used to update all relevant databases and to ensure compliance with National Highway’s Asset Data Management Manual as is in operation at the relevant time.

• “the bond sum” means the sum equal to 200% of the cost of the carrying out the specified works (to include all costs plus any commuted sum) or such other sum agreed between the undertaker and National Highways;

• “commuted sum” means such sum calculated as provided for in paragraph 33 (commuted sums) of this Part of this Schedule to be used to fund the future cost of maintaining any new National Highways assets or structures or apparatus provided under the Order;

• “condition survey” means a survey of the condition of National Highways structures and assets within the Order limits that may be affected by the specified works;

• “contractor” means any contractor or subcontractor appointed by the undertaker to carry out the specified works;

• “defects period” means the period from the date of the provisional certificate to the date of the final certificate which shall be no less than 12 months from the date of the provisional certificate;

• “detailed design information” means such of the following drawings specifications and calculations as are relevant to the development— site clearance details; boundary, environmental and mitigation fencing; road restraints systems and supporting road restraint risk appraisal process assessment; drainage and ducting as required by DMRB CD 535 Drainage asset data and risk management and DMRB CS551 Drainage surveys – standards for Highways; earthworks including supporting geotechnical assessments required by DMRB CD622 Managing geotechnical risk and any required strengthened earthworks appraisal form certification; pavement, pavement foundations, kerbs, footways and paved areas; traffic signs and road markings; traffic signal equipment and associated signal phasing and timing detail; road lighting (including columns and brackets); regime of California Bearing Ratio testing; electrical work for road lighting, traffic signs and signals; motorway communications as required by DMRB; highway structures and any required structural approval in principle; landscaping; proposed departures from DMRB standards; walking, cycling and horse riding assessment and review report; stage 1 and stage 2 road safety audits and exceptions agreed; utilities diversions; topographical survey; maintenance and repair strategy in accordance with DMRB GD304 Designing health and safety into maintenance or any replacement or modification of it; health and safety information including any asbestos survey required by GG105 or any successor document; and other such information that may be required by National Highways to be used to inform the detailed design of the specified works;

• “DBFO contract” means the contract between National Highways and the highway operations and maintenance contractor for the maintenance and operation of parts of the strategic road network which are within the Order Limits or any successor or replacement contract that may be current at the relevant time;

• “DMRB” means the Design Manual for Roads and Bridges or any replacement or modification of it;

• “final certificate” means the certificate relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways pursuant to paragraph 31 (final certificate);

• “the health and safety file” means the file or other permanent record containing the relevant health and safety information for the authorised development required by the Construction Design and Management Regulations 2015 (or such updated or revised regulations as may come into force from time to time);

• “highway operations and maintenance contractor” means the contractor appointed by National Highways under the DBFO contract;

• “nominated persons” means the undertaker’s representatives or the contractor’s representatives on site during the carrying out of the specified works as notified to National Highways from time to time;

• “programme of works” means a document setting out the sequence and timetabling of the specified works;

• “provisional certificate” means the certificate of provisional completion relating to those aspects of the specified works that have resulted in any alteration to the strategic road network to be issued by National Highways in accordance with paragraph 24 (prior approvals and security) when it considers the specified works are substantially complete and may be opened for traffic;

• “road safety audit” means an audit carried out in accordance with the road safety audit standard;

• “road safety audit standard” means DMRB Standard HD GG119 or any replacement or modification of it;

• “road space booking” means road space bookings in accordance with National Highways’ Asset Management Operational Requirements (AMOR) including Network Occupancy Management System (NOMS) used to manage road space bookings and network occupancy;

• “Specification for Highways Works” means the specification for highways works forming part of the manual of contract documents for highway works published by National Highways and setting out the requirements and approvals procedures for work, goods or materials used in the construction, improvement or maintenance of the strategic road network;

• “specified works” means so much of any work, including highway works, street works and signalisation, authorised by this Order including any maintenance of that work, as is undertaken on, in, under or over the strategic road network for which National Highways is the highway authority;

• “strategic road network” means any part of the road network including trunk roads, special roads or streets for which National Highways is the highway authority including drainage infrastructure, street furniture, verges and vegetation and all other land, apparatus and rights located in, on, over or under the highway;

• “utilities” means any pipes wires cables or equipment belonging to any person or body having power or consent to undertake street works under the New Roads and Street Works Act 1991; and

• “winter maintenance” means maintenance of the road surface to deal with snow and ice.

General

20

In respect of any part of the strategic road network that is managed under a DBFO contract, both National Highways and the highway operations and maintenance contractor shall have the benefit of this Part of this Schedule but for the purposes of any approvals required under this Part of this Schedule the undertaker shall liaise directly with National Highways.

21

Notwithstanding the limits of deviation permitted pursuant to article 8 (limits of deviation) of this Order, no works in carrying out, maintaining or diverting the authorised development may be carried out under the strategic road unless such works are agreed in writing with National Highways at the discretion of National Highways.

22

References to any standards, manuals, contracts, regulations and directives including to specific standards forming part of the DMRB are, for the purposes of this Part of this Schedule, to be construed as a reference to the same as amended, substituted or replaced, and with such modifications as are required in those circumstances.

Works outside the Order limits

23

If the undertaker proposes to carry out works to the strategic road network that are outside of the Order Limits in connection with the authorised development, the undertaker must enter into an agreement with National Highways in respect of the carrying out of those works prior to the commencement of those works.

Prior approvals and security

24

• (1) The specified works must not commence until—

• (a) a stage 1 and stage 2 road safety audit has been carried out and all recommendations raised by them or any exceptions are approved by National Highways;

• (b) the programme of works has been approved by National Highways;

• (c) the detailed design of the specified works comprising of the following details, insofar as considered relevant by National Highways, has been submitted to and approved by National Highways—

• (i) the detailed design information, incorporating all recommendations and any exceptions approved by National Highways under sub-paragraph (a);

• (ii) details of the proposed road space bookings and at the same time as submitting the relevant details the undertaker shall be entitled to submit its application for road space bookings to National Highways;

• (iii) the identity and suitability of the contractor and nominated persons;

• (iv) a process for stakeholder liaison, with key stakeholders to be identified and agreed between National Highways and the undertaker; and

• (v) information demonstrating that the walking, cycling and horse riding assessment and review process undertaken by the undertaker in relation to the specified works has been adhered to in accordance with DMRB GG142 – Designing for walking, cycling and horse riding;

• (d) a scheme of traffic management has been submitted by the undertaker and approved by National Highways, as may be amended by agreement between the undertaker and National Highways from time to time;

• (e) stakeholder liaison has taken place in accordance with the process for such liaison agreed between the undertaker and National Highways under sub-paragraph (c)(iv) above;

• (f) National Highways has approved the audit brief and CVs for all road safety audits and exceptions to items raised in accordance with the road safety audit standard;

• (g) the undertaker has agreed the estimate of the commuted sum with National Highways;

• (h) the scope of all maintenance operations (routine inspections, incident management, reactive and third party damage) to be carried out by the undertaker during the construction of the specified works (which must include winter maintenance) has been agreed in writing by National Highways;

• (i) the undertaker has procured to National Highways collateral warranties in a form approved by National Highways from the contractor and designer of the specified works in favour of National Highways to include covenants requiring the contractor and designer to exercise all reasonable skill care and diligence in designing and constructing the specified works, including in the selection of materials, goods, equipment and plant; and

• (j) a condition survey and regime of monitoring of any National Highways assets or structures that National Highways considers will be affected by the specified works, has been agreed in writing by National Highways.

• (2) The undertaker must not exercise—

• (a) article 6 (maintenance of authorised development);

• (b) article 11 (street works)

• (c) article 15 (temporary stopping up and restriction of use of streets);

• (d) article 16 (permanent stopping up and restriction of use of streets and private means of access);

• (e) article 17 (access to works);

• (f) article 18 (discharge of water);

• (g) article 19 (protective works to buildings);

• (h) article 20 (authority to survey and investigate the land);

• (i) article 21 (compulsory acquisition of land);

• (j) article 24 (compulsory acquisition of rights and imposition of restrictive covenants);

• (k) article 26 (private rights over land)

• (l) article 29 (acquisition of subsoil or airspace only)

• (m) article 31 (temporary use of land for carrying out the authorised development);

• (n) article 32 temporary use of land for maintaining the authorised development); or

• (o) article 36 (felling or lopping trees and removal of hedgerows) of this Order,

over any part of the strategic road network or land in which National Highways has an interest without the consent of National Highways, and National Highways may in connection with any such exercise require the undertaker to provide details of any proposed road space bookings and/or submit a scheme of traffic management for National Highways’ approval.

• (3) National Highways must prior to the commencement of the specified works or the exercise of any power referenced in sub-paragraph (2) inform the undertaker of the identity of the person who will act as a point of contact on behalf of National Highways for consideration of the information required under sub-paragraph (1) or (2).

• (4) Any approval of National Highways required under this paragraph—

• (a) must not be unreasonably withheld;

• (b) must be given in writing;