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The A38 Derby Junctions Development Consent Order 2023

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Disapplication of legislative provisions

    4. 4.Maintenance of drainage works

  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.Crown Rights

    6. 46.Certification of plans etc.

    7. 47.Service of notices

    8. 48.Arbitration

    9. 49.Removal of human remains

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    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.Flood compensation and storage

        15. 15.Noise Mitigation

        16. 16.Highway lighting

        17. 17.Approvals and amendments to approved details

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 18.Applications made under requirements

        2. 19.Further information

        3. 20.Register of requirements

        4. 21.Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 TRUNK ROADS

      2. PART 2 DE-TRUNKED ROADS

      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. 1.Compensation enactments

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

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

      4. 4.Application of Part 1 of the 1965 Act

      5. 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, 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 alternative...

        3. 3.On street apparatus

        4. 4.Apparatus in stopped up streets

        5. 5.Protective works to buildings

        6. 6.Acquisition of land

        7. 7.Removal of apparatus

        8. 8.Facilities and rights for alternative apparatus

        9. 9.Retained apparatus

        10. 10.Expenses and costs

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

        12. 12.Co-operation

        13. 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...

      3. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 18.(1) The following provisions apply for the protection of the...

        2. 19.(1) Before beginning to construct any specified work, the undertaker...

        3. 20.Without limiting paragraph 19, the requirements which the Agency may...

        4. 21.(1) Subject to sub-paragraph (2), any specified work, and all...

        5. 22.(1) Subject to sub-paragraph (7) the undertaker must from the...

        6. 23.If by reason of the construction of any specified work...

        7. 24.If by reason of construction of a specified work the...

        8. 25.(1) The undertaker must take all such measures as may...

        9. 26.The undertaker must repay to the Agency all reasonable costs,...

        10. 27.(1) The undertaker must make reasonable compensation for costs and...

        11. 28.Any dispute arising between the undertaker and the Agency under...

      4. PART 4 FOR THE PROTECTION OF NETWORK RAIL

        1. 29.The following provisions of this Part of this Schedule have...

        2. 30.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 31.(1) Where under this Part of this Schedule Network Rail...

        4. 32.(1) The undertaker must not exercise the powers conferred by—...

        5. 33.(1) The undertaker must before commencing construction of any specified...

        6. 34.(1) Any specified work and any protective works to be...

        7. 35.The undertaker must— (a) at all times afford reasonable facilities...

        8. 36.Network Rail must at all times afford reasonable facilities to...

        9. 37.(1) If any permanent or temporary alterations or additions to...

        10. 38.The undertaker must repay to Network Rail all reasonable fees,...

        11. 39.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 40.If at any time after the completion of a specified...

        13. 41.The undertaker must not provide any illumination or illuminated sign...

        14. 42.(1) The undertaker must pay to Network Rail all reasonable...

        15. 43.Network Rail must, on receipt of a request from the...

        16. 44.In the assessment of any sums payable to Network Rail...

        17. 45.The undertaker and Network Rail may, subject in the case...

        18. 46.Nothing in this Order, or in any enactment incorporated with...

        19. 47.The undertaker must give written notice to Network Rail where...

        20. 48.The undertaker must no later than 28 days from the...

      5. PART 5 FOR THE PROTECTION OF CADENT GAS LIMITED

        1. 49.Application

        2. 50.Interpretation

        3. 51.On Street Apparatus

        4. 52.Apparatus of Cadent in stopped up streets

        5. 53.Protective works to buildings

        6. 54.Acquisition of land

        7. 55.Removal of apparatus

        8. 56.Facilities and rights for alternative apparatus

        9. 57.Retained apparatus: protection of Cadent

        10. 58.Expenses

        11. 59.Indemnity

        12. 60.Enactments and agreements

        13. 61.Co-operation

        14. 62.Access

        15. 63.Arbitration

        16. 64.Notices

    10. SCHEDULE 10

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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