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The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

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

    2. 4.Maintenance of authorised development

    3. 5.Planning permission

    4. 6.Power to deviate

    5. 7.Benefit of the Order

    6. 8.Consent to transfer benefit of the Order

  4. PART 3 STREETS

    1. 9.Application of the 1991 Act

    2. 10.Power to alter layout etc. of streets

    3. 11.Street works

    4. 12.Construction and maintenance of new, altered or diverted streets

    5. 13.Permanent stopping up of streets

    6. 14.Temporary stopping up of streets

    7. 15.Access to works

    8. 16.Powers in relation to relevant navigations or watercourses

  5. PART 4 SUPPLEMENTAL POWERS

    1. 17.Discharge of water

    2. 18.Protective work to buildings

    3. 19.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 20.Compulsory acquisition of land

    2. 21.Time limit for exercise of authority to acquire land compulsorily

    3. 22.Compulsory acquisition of rights

    4. 23.Private rights over land

    5. 24.Application of the Compulsory Purchase (Vesting Declarations) Act 1981

    6. 25.Acquisition of subsoil or air-space only

    7. 26.Acquisition of part of certain properties

    8. 27.Rights under or over streets

    9. 28.Temporary use of land for carrying out the authorised development

    10. 29.Temporary use of land for maintaining the authorised development

    11. 30.Statutory undertakers

    12. 31.Apparatus and rights of statutory undertakers in stopped up streets

    13. 32.Recovery of costs of new connections

    14. 33.Compulsory acquisition of land – incorporation of the mineral code

    15. 34.Special category land

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 35.Felling or lopping of trees

    2. 36.Trees subject to tree preservation orders

    3. 37.Operational land for purposes of the 1990 Act

    4. 38.Defence to proceedings in respect of statutory nuisance

    5. 39.Protection of interests

    6. 40.Certification of plans, etc.

    7. 41.Service of notices

    8. 42.Arbitration

    9. 43.Traffic regulation

    10. 44.Procedure in relation to certain approvals etc.

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the administrative areas of West Berkshire Council, Wokingham Borough Council, Reading Borough Council, the Royal Borough of Windsor and Maidenhead, Bracknell Forest Council, Buckinghamshire County Council, South Bucks District Council, Slough Borough Council, the London Borough of Hillingdon, the London Borough of Hounslow and the Greater London Authority

      2. In the administrative area of West Berkshire Council

      3. In the administrative area of Wokingham Borough Council and Reading Borough Council

      4. In the administrative area of Wokingham Borough Council

      5. In the administrative area of the Royal Borough of Windsor and Maidenhead

      6. In the administrative areas of the Royal Borough of Windsor and Maidenhead and Buckinghamshire County Council, South Bucks District Council

      7. In the administrative area of Buckinghamshire County Council, South Bucks District Council

      8. In the administrative area of Buckinghamshire County Council, South Bucks District Council and Slough Borough Council

      9. In the administrative area of Slough Borough Council

      10. In the administrative area of Slough Borough Council and the Royal Borough of Windsor and Maidenhead

      11. In the administrative area of the Royal Borough of Windsor and Maidenhead

      12. In the administrative areas of the Royal Borough of Windsor and Maidenhead and Slough Borough Council

      13. In the administrative areas of Buckinghamshire County Council, South Bucks District Council and Slough Borough Council

      14. In the administrative area of Slough Borough Council

      15. In the administrative area of the London Borough of Hillingdon

    2. SCHEDULE 2

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Detailed design

        4. 4.Gantry design

        5. 5.Carriageway surfacing

        6. 6.Engineering drawings, sections and other information

        7. 7.Environmental Management Plan

        8. 8.Construction Environmental Management Plan

        9. 9.Implementation and maintenance of landscaping

        10. 10.Fencing

        11. 11.Ecological mitigation

        12. 12.Contaminated land and groundwater

        13. 13.Protected species

        14. 14.Surface water drainage

        15. 15.Archaeological remains

        16. 16.Written scheme of investigation

        17. 17.Buildings at risk

        18. 18.Construction traffic management

        19. 19.Permanent lighting

        20. 20.Amendments to approved details

        21. 21.Control of noise during construction of the scheme

        22. 22.Acoustic barriers

        23. 23.Flood risk

        24. 24.Biodiversity management strategy

        25. 25.Road restraint standard

        26. 26.Air quality monitoring and management

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 27.Applications made under requirement

        2. 28.Further information

        3. 29.Register of requirements

        4. 30.Details of consultation

    3. SCHEDULE 3

      PERMANENT STOPPING UP OF STREETS FOR WHICH A SUBSITUTE IS TO BE PROVIDED

    4. SCHEDULE 4

      TEMPORARY STOPPING UP OF STREETS

    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

      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...

      2. Application of the 1965 Act

        1. 3.(1) The 1965 Act has effect with the modifications necessary...

        2. 4.For section 7 (measure of compensation in case of severance)...

        3. 5.For section 8 (provisions as to divided land) of the...

        4. 6.The following provisions of the 1965 Act (which state the...

        5. 7.Section 11 (powers of entry) of the 1965 Act is...

        6. 8.Section 20 (protection for interests of tenants at will, etc.)...

        7. 9.Section 22 (interests omitted from purchase) of the 1965 Act...

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      TREES SUBJECT TO TREE PRESERVATION ORDERS

    9. SCHEDULE 9

      PROTECTION OF INTERESTS

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

        1. 1.For the protection of the protected persons referred to in...

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

        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 13...

        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. Co-operation

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

          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 30 (statutory...

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

        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 RAILWAY INTERESTS

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

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

        3. 22.(1) Where under this Part of this Schedule Network Rail...

        4. 23.(1) The undertaker must not exercise the powers conferred by...

        5. 24.(1) The undertaker must, before commencing construction of any specified...

        6. 25.(1) Any specified work and any protective works to be...

        7. 26.(1) The undertaker must— (a) at all times afford reasonable...

        8. 27.Network Rail must at all reasonable times afford reasonable facilities...

        9. 28.(1) If any permanent or temporary alterations or additions to...

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

        11. 30.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

        14. 33.Any additional expenses which Network Rail may reasonably incur in...

        15. 34.(1) The undertaker must pay to Network Rail all reasonable...

        16. 35.Network Rail must, on receipt of a request from the...

        17. 36.In the assessment of any sums payable to Network Rail...

        18. 37.The undertaker and Network Rail may, subject in the case...

        19. 38.Nothing in this Order, or in any enactment incorporated with...

        20. 39.The undertaker must give written notice to Network Rail where...

        21. 40.The undertaker must no later than 28 days from the...

      4. PART 4 FOR THE PROTECTION OF NATIONAL GRID

        1. 41.Application

        2. 42.Interpretation

        3. 43.Except for paragraphs 44 (apparatus of undertakers in stopped up...

        4. 44.Apparatus of National Grid in stopped up streets

        5. 45.Protective works to buildings

        6. 46.Acquisition of land

        7. 47.Removal of apparatus

        8. 48.Facilities and rights for alternative apparatus

        9. 49.Retained apparatus: protection for gas undertakers

        10. 50.Retained apparatus: protection for electricity undertakers

        11. 51.Expenses

        12. 52.Indemnity

        13. 53.Enactments and agreements

        14. 54.Co-operation

        15. 55.Access

        16. 56.Arbitration

      5. PART 5 FOR THE PROTECTION OF UNITED KINGDOM OIL PIPELINES LIMITED AND WEST LONDON PIPELINE AND STORAGE LIMITED

        1. 57.For the protection of the protected persons referred to in...

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

        3. 59.On street apparatus

        4. 60.Apparatus in stopped up streets

        5. 61.Protective works to buildings

        6. 62.Acquisition of land

        7. 63.Removal of apparatus

        8. 64.Facilities and rights for alternative apparatus

        9. 65.Retained apparatus

        10. 66.Expenses and costs

        11. 67.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. 68.Co-operation

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

      6. PART 6 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 70.(1) The following provisions apply for the protection of the...

        2. 71.(1) Where, in the exercise of the powers conferred by...

        3. 72.If, in the exercise of the powers conferred by this...

        4. 73.The undertaker must maintain, inspect and retain any Flood Protection...

        5. 74.The undertaker must allow the Agency reasonable access to any...

        6. 75.(1) Where maintenance of any Flood Protection Work specified in...

        7. 76.If by reason of the construction of the authorised development...

        8. 77.The undertaker must indemnify the Agency in respect of all...

        9. 78.The fact that any work or thing has been executed...

        10. 79.Any dispute arising between the undertaker and the Agency under...

      7. PART 7 FOR THE PROTECTION OF THAMES WATER

        1. 80.Access to Slough Sewage Treatment Works

        2. 81.Iver South Sludge Dewatering Centre

        3. 82.(1) The undertaker must not in the exercise of the...

      8. PART 8 FOR THE PROTECTION OF SOUTH EAST WATER

        1. 83.For the protection of the protected persons referred to in...

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

        3. 85.On street apparatus

        4. 86.Apparatus in stopped up streets

        5. 87.Protective works to buildings

        6. 88.Acquisition of land

        7. 89.Removal of apparatus

        8. 90.Facilities and rights for alternative apparatus

        9. 91.Retained apparatus

        10. 92.Expenses and costs

        11. 93.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. 94.Co-operation

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

      9. PART 9 FOR THE PROTECTION OF HEATHROW AIRPORT LIMITED

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

        2. 97.In this Part of this Schedule— “Heathrow Airport” means Heathrow...

        3. 98.(1) The undertaker must not exercise the powers conferred by...

        4. 99.Any difference or dispute arising between the undertaker and Heathrow...

      10. PART 10 FOR THE PROTECTION OF SSE SERVICES PLC AND SOUTHERN ELECTRIC POWER DISTRIBUTION PLC

        1. 100.For the protection of the protected persons referred to in...

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

        3. On street apparatus

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

        4. Apparatus in stopped up streets

          1. 103.(1) Where any street is stopped up under article 13...

        5. Protective works to buildings

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

        6. Acquisition of land

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

        7. Removal of apparatus

          1. 106.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 107.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 108.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 109.(1) Subject to the following provisions of this paragraph, the...

          2. 110.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Co-operation

          1. 111.Where in consequence of the proposed construction of any of...

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

    10. SCHEDULE 10

      DOCUMENTS SUBJECT TO CERTIFICATION

    11. SCHEDULE 11

      PROCEDURE FOR DISCHARGE OF CERTAIN APPROVALS

      1. 1.Applications made for certain approvals

      2. 2.Further information

      3. 3.Fees

      4. 4.Appeals

      5. 5.Interpretation of Schedule 11

    12. SCHEDULE 12

      ENGINEERING DRAWINGS, SECTIONS AND OTHER INFORMATION

  10. Explanatory Note

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