The A38 Derby Junctions Development Consent Order 2023

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

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

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

(c) article 17 (access to works);

(d) article 20 (discharge of water);

(e) article 21 (protective works to buildings);

(f) article 22 (authority to survey and investigate the land);

(g) article 23 (compulsory acquisition of land);

(h) article 26 (compulsory acquisition of rights);

(i) article 28 (private rights over land);

(j) article 31 (acquisition of subsoil or airspace only);

(k) article 32 (rights under or over streets);

(l) article 33 (temporary use of land for carrying out the authorised development);

(m) article 34 (temporary use of land for maintaining the authorised development);

(n) article 35 (statutory undertakers);

(o) article 39 (felling or lopping of trees and removal of hedgerows); and

(p) article 40 (trees subject to tree preservation orders),

or the powers conferred by section 11(3) (powers of entry) of the 1965 Act or the 1981 Act as applied by this Order, in respect of any railway property unless the exercise of such powers is with the consent of Network Rail.

(2) The undertaker must not in the exercise of the powers conferred by this Order prevent pedestrian or vehicular access to any railway property, unless preventing such access is with the consent of Network Rail.

(3) The undertaker must not exercise the powers conferred by sections 271 (extinguishment of rights of statutory undertakers: preliminary notices) or 272 (extinguishment of rights of electronic communications code network operators: preliminary notices) of the 1990 Act or article 35 (statutory undertakers) in relation to any right of access of Network Rail to railway property, but such right of access may be extinguished or diverted with the consent of Network Rail.

(4) The undertaker must not under the powers of this Order acquire or use or acquire new rights over any railway property except with the consent of Network Rail.

(5) Where Network Rail is asked to give its consent under this paragraph, such consent must not be unreasonably withheld but may be given subject to reasonable conditions.