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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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Reform history JSON API
(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 198991, 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 198692 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 199193; and any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)94 (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 10495 (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 200396;
  • “electronic communications apparatus” has the same meaning as in the electronic communications code;
  • “the electronic communications code” has the same meaning as in section 10697 (application of the electronic communications code) of the 2003 Act;

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