The A14 Cambridge to Huntingdon Improvement Scheme Development Consent Order 2016

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 the authorised development

   3. 7. Limits of deviation

   4. 8. Benefit of Order

   5. 9. Consent to transfer benefit of Order

4. PART 3 STREETS

   1. 10. Application of the 1991 Act

   2. 11. Construction and maintenance of new, altered or diverted streets and other structures

   3. 12. Classification of roads, etc.

   4. 13. Permanent stopping up of streets and private means of access

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

   6. 15. Access to works

   7. 16. Clearways

5. PART 4 SUPPLEMENTAL POWERS

   1. 17. Discharge of water

   2. 18. Protective works to buildings

   3. 19. Authority to survey and investigate land

6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

   1. 20. Compulsory acquisition of land

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

   3. 22. Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily

   4. 23. Compulsory acquisition of rights

   5. 24. Public rights of way

   6. 25. Private rights over land

   7. 26. Application of the 1981 Act

   8. 27. Acquisition of subsoil or airspace only

   9. 28. Acquisition of part of certain properties

   10. 29. Rights under or over streets

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

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

   13. 32. Statutory undertakers

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

   15. 34. Recovery of costs of new connection

   16. 35. Special category land

7. PART 6 OPERATIONS

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

   2. 37. Trees subject to tree preservation orders

8. PART 7 MISCELLANEOUS AND GENERAL

   1. 38. Operational land for purposes of the 1990 Act

   2. 39. Defence to proceedings in respect of statutory nuisance

   3. 40. Protective provisions

   4. 41. Certification of plans, etc.

   5. 42. Service of notices

   6. 43. Arbitration

   7. 44. Appeals

   8. 45. Traffic regulation

9. Signature

10. SCHEDULES

    1. SCHEDULE 1

       AUTHORISED DEVELOPMENT

       1. In the administrative areas of Cambridgeshire County Council, Huntingdonshire District Council and South Cambridgeshire District Council.

    2. SCHEDULE 2

       REQUIREMENTS

       1. PART 1 REQUIREMENTS

          1. 1. Interpretation

          2. 2. Time limits

          3. 3. Preparation of detailed design, etc.

          4. 4. Code of construction practice

          5. 5. Protected species

          6. 6. Contaminated land and groundwater

          7. 7. Implementation and maintenance of landscaping

          8. 8. Archaeology

          9. 9. Traffic management

          10. 10. Surface water drainage

          11. 11. Borrow pits

          12. 12. Noise mitigation

          13. 13. Brampton Meadows Site of Special Scientific Interest mitigation areas

          14. 14. Highway lighting scheme

          15. 15. Flood risk assessment

          16. 16. Air quality monitoring and mitigation

          17. 17. Traffic Monitoring and Mitigation

          18. 18. Amendments to approved details

          19. 19. Details of consultation

       2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

          1. 20. Applications made under requirements

          2. 21. Further information

          3. 22. Register of requirements

          4. 23. Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

       CLASSIFICATION OF ROADS, ETC.

       1. PART 1 SPEED LIMITS

       2. PART 2 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

       3. PART 3 ROADS TO BE DE-TRUNKED

          1. 1. In the administrative areas of Huntingdon District Council and South Cambridgeshire District Council

          2. 2. A length of 3.1 kilometres of the A14 Trunk Road...

       4. PART 4 REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

       5. PART 5 WEIGHT LIMIT VARIATIONS

       6. PART 6 CLASSIFICATION OF ROADS

          1. THE NEW A14 TRUNK ROAD

             1. 1. A 27.33 kilometre length of new highway

             2. 2. A 474 metre length of new highway

             3. 3. Girton Interchange A14 Eastbound Link

             4. 4. Girton Interchange A14 Westbound Link

          2. THE NEW A14 TRUNK ROAD AND A1 TRUNK ROAD BRAMPTON INTERCHANGE SLIP ROADS

             1. 5. A1 Southbound Link to A14

             2. 6. A14 Northbound Link to A1

          3. THE NEW A14 TRUNK ROAD GIRTON INTERCHANGE SLIP ROADS

             1. 7. Westbound Merge (there is no Westbound Diverge)

             2. 8. Eastbound Diverge (there is no Eastbound Merge)

          4. THE NEW A14 TRUNK ROAD BAR HILL JUNCTION SLIP ROADS

             1. 9. Westbound merge

             2. 10. Westbound diverge

             3. 11. Eastbound Merge

             4. 12. Eastbound Diverge

          5. THE NEW A14 CAMBRIDGE SERVICES JUNCTION SLIP ROAD

             1. 13. A 826 metre length of new bifurcated slip road

          6. THE NEW A14 TRUNK ROAD SWAVESEY JUNCTION SLIP ROADS

             1. 14. Westbound Diverge

             2. 15. Westbound Merge

             3. 16. Eastbound Diverge

             4. 17. Eastbound Merge

          7. THE NEW A14 TRUNK ROAD A1198 ERMINE STREET JUNCTION SLIP ROADS

             1. 18. Eastbound Diverge (there is no Westbound Diverge)

             2. 19. Westbound Merge (there is no Eastbound Merge)

          8. THE NEW A1 TRUNK ROAD

             1. 20. Realigned A1 Trunk Road Brampton Interchange to Brampton Hut Interchange

          9. THE A141 CLASSIFIED ROAD

             1. 21. A 3.2 kilometre length of the existing A14 highway

          10. THE A1307 CLASSIFIED ROAD (HUNTINGDON ROAD)

              1. 22. A 22.2 kilometre length of new highway

              2. 23. A 469 metre length of new highway

              3. 24. A 5.3 kilometre length of the existing A14

          11. B1514 BUCKDEN CLASSIFIED ROAD

              1. 25. A 874 metre length of new highway

          12. B1043 OFFORD ROAD CLASSIFIED ROAD

              1. 26. A 1.1 kilometre length of new highway

          13. A1198 ERMINE STREET CLASSIFIED ROAD

              1. 27. A 1.1 kilometre length of new highway

          14. B1040 POTTON ROAD CLASSIFIED ROAD

              1. 28. A 1 kilometre length of new highway

          15. B1050 HATTONS ROAD CLASSIFIED ROAD

              1. 29. A 812 metre length of new highway

              2. 30. A 191 metre length of new highway

          16. C181 HILTON ROAD CLASSIFIED ROAD

              1. 31. A 967 metre length of new highway

          17. C340 BRAMPTON ROAD CLASSIFIED ROAD

              1. 32. A 435 metre length of new highway

          18. C167 GRAFHAM ROAD CLASSIFIED ROAD

              1. 33. A 1.0 kilometre length of new highway

          19. C186 BUCKING WAY ROAD CLASSIFIED ROAD

              1. 34. A 174 metre length of new highway

          20. C107 WOOLLEY ROAD

              1. 35. A 2.5 kilometre length of new highway

    4. SCHEDULE 4

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

       1. 1. In relating this Schedule to its corresponding rights of way...

       2. PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

       3. PART 2 HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

       4. PART 3 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. PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS 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

       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 (other provisions as to divided land) of...

          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

       PROTECTIVE PROVISIONS

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

          1. 1. For the protection of the statutory undertakers 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. Cooperation

              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 32 (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—

       3. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

          1. 19. The following provisions of this Part of this Schedule apply...

          2. 20. In this Part of this Schedule— “access route” means an...

          3. 21. (1) Before beginning to construct any specified work, the undertaker...

          4. 22. Without limitation on the scope of paragraph 21, but subject...

          5. 23. (1) Subject to sub-paragraph (2), any specified work, and all...

          6. 24. (1) Subject to sub-paragraph (5), the undertaker must from the...

          7. 25. Subject to paragraph 26, if by reason of the construction...

          8. 26. Except in an emergency nothing in paragraphs 23(5), 24(3) and...

          9. 27. The undertaker must indemnify the Agency in respect of all...

          10. 28. (1) Without affecting the other provisions of this Part of...

          11. 29. The fact that any work or thing has been executed...

          12. 30. Any dispute arising between the undertaker and the Agency under...

       4. PART 4 FOR THE PROTECTION OF CAMBRIDGESHIRE COUNTY COUNCIL IN RESPECT OF ORDINARY WATERCOURSES

          1. 31. The following provisions of this Part of this Schedule apply...

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

          3. Key watercourses

             1. 33. (1) Before beginning to construct any specified work in relation...

             2. 34. The requirements or conditions which Cambridgeshire County Council may make...

             3. 35. (1) Any specified work in relation to a key watercourse,...

          4. General

             1. 36. (1) From the commencement of the construction of any specified...

             2. 37. If by reason of the construction of any specified work...

             3. 38. (1) The undertaker must indemnify Cambridgeshire County Council in respect...

             4. 39. (1) Without prejudice to the other provisions of this Part...

             5. 40. The fact that any work or thing has been executed...

             6. 41. Any dispute arising between the undertaker and Cambridgeshire County Council...

       5. PART 5 FOR THE PROTECTION OF NATIONAL GRID

          1. 42. Application

          2. 43. Interpretation

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

          4. 45. Apparatus of National Grid in streets subject to temporary stopping up or restriction

          5. 46. Acquisition of land

          6. 47. Removal of apparatus

          7. 48. Facilities and rights for alternative apparatus

          8. 49. Retained apparatus: protection of National Grid as Gas Undertaker

          9. 50. Expenses

          10. 51. Indemnity

          11. 52. Co-operation

          12. 53. Access

          13. 54. Arbitration

       6. PART 6 FOR THE PROTECTION OF RAILWAY INTERESTS

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

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

          3. 57. (1) Where under this Part of this Schedule Network Rail...

          4. 58. (1) The undertaker must not exercise the powers conferred by...

          5. 59. (1) The undertaker must before commencing construction of any specified...

          6. 60. (1) Any specified work and any protective works to be...

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

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

          9. 63. (1) If any permanent or temporary alterations or additions to...

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

          11. 65. (1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

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

          15. 69. (1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

          20. 74. The undertaker must give written notice to Network Rail if...

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

       7. PART 7 FOR THE PROTECTION OF ANGLIAN WATER

          1. 76. For the protection of Anglian Water Services Limited, the following...

          2. 77. In this Part of this Schedule— “Anglian Water” means Anglian...

          3. 78. The undertaker must not interfere with, build over or near...

          4. 79. The alteration, extension, removal or re-location of any apparatus shall...

          5. 80. In the situation, where in exercise of the powers conferred...

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

          7. 82. If in consequence of the exercise of the powers conferred...

          8. 83. If in consequence of the exercise of the powers conferred...

          9. 84. If for any reason or in consequence of the construction...

          10. 85. Any dispute arising between the undertaker and Anglian Water under...

       8. PART 8 FOR THE PROTECTION OF CLH PIPELINE SYSTEM (CLH-PS) LTD

          1. 86. Application

          2. 87. Interpretation

          3. 88. Acquisition of apparatus

          4. 89. Removal of apparatus and rights for alternative apparatus

          5. 90. Facilities and rights for alternative apparatus

          6. 91. Retained apparatus: protection

          7. 92. Cathodic protection testing

          8. 93. Expenses

          9. 94. Damage to property and other losses

          10. 95. Co-operation and reasonableness

          11. 96. Miscellaneous

    10. SCHEDULE 10

        DOCUMENTS TO BE CERTIFIED

11. Explanatory Note