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The A30 Chiverton to Carland Cross Development Consent Order 2020

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Maintenance of drainage works

    4. 4.Disapplication of legislation, etc.

  3. PART 2 PRINCIPAL POWERS

    1. 5.Development consent etc. granted by the Order

    2. 6.Maintenance of authorised development

    3. 7.Planning permission

    4. 8.Limits of deviation

    5. 9.Benefit of Order

    6. 10.Consent to transfer benefit of Order

  4. PART 3 STREETS

    1. 11.Street works

    2. 12.Application of the 1991 Act

    3. 13.Construction and maintenance of new, altered or diverted streets and other structures

    4. 14.Classification of roads, etc.

    5. 15.Temporary stopping up and restriction of use of streets

    6. 16.Permanent stopping up and restriction of use of streets and private means of access

    7. 17.Access to works

    8. 18.Clearways

    9. 19.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 20.Discharge of water

    2. 21.Protective works to buildings

    3. 22.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 23.Compulsory acquisition of land

    2. 24.Compulsory acquisition of land – incorporation of the mineral code

    3. 25.Time limit for exercise of authority to acquire land compulsorily

    4. 26.Compulsory acquisition of rights

    5. 27.Public rights of way

    6. 28.Private rights over land

    7. 29.Modification of Part 1 of the 1965 Act

    8. 30.Application of the 1981 Act

    9. 31.Acquisition of subsoil or airspace only

    10. 32.Rights under or over streets

    11. 33.Temporary use of land for carrying out the authorised development

    12. 34.Temporary use of land for maintaining the authorised development

    13. 35.Statutory undertakers

    14. 36.Apparatus and rights of statutory undertakers in stopped up streets

    15. 37.Recovery of costs of new connections

    16. 38.Special category land

  7. PART 6 OPERATIONS

    1. 39.Felling or lopping of trees and removal of hedgerows

    2. 40.Trees subject to tree preservation orders

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 41.Application of landlord and tenant law

    2. 42.Operational land for purposes of the 1990 Act

    3. 43.Defence to proceedings in respect of statutory nuisance

    4. 44.Protective provisions

    5. 45.Certification of plans etc.

    6. 46.Service of notices

    7. 47.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the administrative area of Cornwall Council

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Construction Environmental Management Plan

        4. 4.Details of consultation

        5. 5.Landscaping

        6. 6.Implementation and maintenance of landscaping

        7. 7.Fencing

        8. 8.Land and groundwater contamination

        9. 9.Archaeology

        10. 10.Protected species

        11. 11.Traffic management

        12. 12.Detailed design

        13. 13.Surface and foul water drainage

        14. 14.Highway lighting

        15. 15.Approvals and amendments to approved details

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 16.Applications made under requirements

        2. 17.Further information

        3. 18.Register of requirements

        4. 19.Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 TRUNK ROADS

      2. PART 2 ROADS TO BE DE-TRUNKED

      3. PART 3 CLASSIFIED ROADS

      4. PART 4 UNCLASSIFIED ROADS

      5. PART 5 SPEED LIMITS

      6. PART 6 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

      7. PART 7 REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

      8. PART 8 PUBLIC RIGHTS OF WAY

    4. SCHEDULE 4

      PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

      1. PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

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

      3. PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      4. PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

    5. SCHEDULE 5

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    6. SCHEDULE 6

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limitation on the scope of paragraph 1, the...

        3. 3.(1) Without limitation on the scope of paragraph 1, the...

      2. Application of Part 1 of the 1965 Act

        1. 4.Part 1 of the 1965 Act, as applied by section...

        2. 5.(1) The modifications referred to in paragraph 4(a) are as...

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      TREES SUBJECT TO TREE PRESERVATION ORDERS

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

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

        1. 1.For the protection of the utility undertakers referred to in...

        2. 2.In this Part of this Schedule— “alternative apparatus” means— in...

        3. On street apparatus

          1. 3.This Part of this Schedule does not apply to apparatus...

        4. Apparatus in stopped up streets

          1. 4.(1) Where any street is stopped up under article 16...

        5. Protective works to buildings

          1. 5.The undertaker, in the case of the powers conferred by...

        6. Acquisition of land

          1. 6.Regardless of any provision in this Order or anything shown...

        7. Removal of apparatus

          1. 7.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 8.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 9.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 10.(1) Subject to the following provisions of this paragraph, the...

          2. 11.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Cooperation

          1. 12.Where in consequence of the proposed construction of any part...

          2. 13.Nothing in this Part of this Schedule affects the provisions...

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

        1. 14.For the protection of any operator, the following provisions have...

        2. 15.In this Part of this Schedule— “the 2003 Act” means...

        3. 16.The exercise of the powers conferred by article 35 (statutory...

        4. 17.(1) Subject to sub-paragraphs (2) to (4), if as a...

        5. 18.This Part of this Schedule does not apply to—

        6. 19.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF SCOTTISHPOWER RENEWABLES

        1. Application

          1. 20.For the protection of ScottishPower Renewables and the Wind Farm,...

        2. Interpretation

          1. 21.In this Part of this Schedule— “the Design Vehicle” means...

        3. Construction Programme

          1. 22.(1) At least 56 days prior to the commencement of...

        4. Chiverton Junction

          1. 23.(1) At least 28 days prior to the commencement of...

        5. Chybucca Junction

          1. 24.(1) At least 28 days prior to the commencement of...

        6. Carland Cross Junction

          1. 25.(1) At least 28 days prior to the commencement of...

        7. Access during construction

          1. 26.(1) At all times during the construction of the authorised...

        8. Over-run areas

          1. 27.(1) Following construction of the over-run areas comprised within Work...

        9. Permanent rights

          1. 28.(1) Prior to transferring any benefit of this Order to...

        10. Costs and expenses

          1. 29.The undertaker will pay to ScottishPower Renewables its proper and...

          2. 30.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Arbitration

          1. 31.Any difference arising between the undertaker and ScottishPower Renewables under...

    10. SCHEDULE 10

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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