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The A66 Northern Trans-Pennine Development Consent Order 2024

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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

  3. PART 2 WORKS PROVISIONS

    1. Principal powers

      1. 4.Development consent, etc. granted by the Order

      2. 5.Maintenance of the authorised development

      3. 6.Planning permission

      4. 7.Limits of deviation

      5. 8.Application of the 1991 Act

      6. 9.Construction and maintenance of new, altered or diverted streets and other structures

      7. 10.Permanent stopping up of streets and private means of access

      8. 11.Temporary prohibition, restriction or regulation of use or alteration or diversion of streets

      9. 12.Access to works

      10. 13.Discharge of water

      11. 14.Protective works to buildings

      12. 15.Authority to survey and investigate land

      13. 16.Removal of human remains

      14. 17.Felling or lopping of trees and hedgerows

      15. 18.Maintenance of drainage works

  4. PART 3 POWERS OF ACQUISITION AND POSSESSION OF LAND

    1. Powers of acquisition

      1. 19.Compulsory acquisition of land

      2. 20.Compulsory acquisition of land – incorporation of the minerals code

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

      4. 22.Compulsory acquisition of rights and restrictive covenants

      5. 23.Private rights over land

      6. 24.Power to override easements and other rights

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

      8. 26.Application of the 1981 Act

      9. 27.Acquisition of subsoil, etc., only

      10. 28.Rights over or under streets

    2. Temporary possession of land

      1. 29.Temporary use of land for constructing the authorised development

      2. 30.Temporary use of land for maintaining the authorised development

    3. Supplementary

      1. 31.Statutory undertakers

      2. 32.Apparatus and rights of statutory undertakers in stopped up streets

      3. 33.Recovery of costs of new connection

      4. 34.Special category land

      5. 35.Crown rights

      6. 36.Relocation of Brough Hill Fair

    4. Compensation

      1. 37.Disregard of certain interests and improvements

      2. 38.Set-off for enhancement in value of retained land

      3. 39.No double recovery

  5. PART 4 OPERATIONAL PROVISIONS

    1. 40.Classification of roads, etc.

    2. 41.Clearways

    3. 42.Traffic regulation measures

  6. PART 5 MISCELLANEOUS AND GENERAL

    1. 43.Benefit of the Order

    2. 44.Consent to transfer benefit of Order

    3. 45.Application of landlord and tenant law

    4. 46.Operational land for the purposes of the 1990 Act

    5. 47.Defence to proceedings in respect of statutory nuisance

    6. 48.Protective provisions

    7. 49.Certification of plans, etc.

    8. 50.Service of notices

    9. 51.Arbitration

    10. 52.Consents, agreements and approvals

    11. 53.Environmental Management Plans

    12. 54.Detailed design

    13. 55.Time limit for when development must begin

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. PART 1 SCHEME 0102 – M6 J40 TO KEMPLAY BANK

        1. In the administrative area of Westmorland and Furness Council

      2. PART 2 SCHEME 03 – PENRITH TO TEMPLE SOWERBY

        1. In the administrative area of Westmorland and Furness Council

      3. PART 3 SCHEME 0405 – TEMPLE SOWERBY TO APPLEBY

        1. In the administrative area of Westmorland and Furness Council

      4. PART 4 SCHEME 06 – APPLEBY TO BROUGH

        1. In the administrative area of Westmorland and Furness Council

      5. PART 5 SCHEME 07 – BOWES BYPASS

        1. In the administrative area of Durham County Council

      6. PART 6 SCHEME 08 – CROSS LANES TO ROKEBY

        1. In the administrative area of Durham County Council

      7. PART 7 SCHEME 09 – STEPHEN BANK TO CARKIN MOOR

        1. In the administrative area of the North Yorkshire Council

      8. PART 8 SCHEME 11 – A1(M) J53 SCOTCH CORNER

        1. In the administrative area of the North Yorkshire Council

        2. Ancillary Works

    2. SCHEDULE 2

      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 A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

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

      3. 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

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

    3. SCHEDULE 3

      TREES SUBJECT TO TREE PRESERVATION ORDERS

    4. SCHEDULE 4

      LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED

    5. SCHEDULE 5

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND 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...

    6. SCHEDULE 6

      LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

    7. SCHEDULE 7

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 SCHEME 0102 – M6 J40 TO KEMPLAY BANK

        1. THE NEW AND IMPROVED A66 TRUNK ROAD

          1. In the administrative area of Westmorland and Furness Council

            1. 1.A 2.8 km length of new and improved A66 trunk road

        2. M6 JUNCTION 40 AND SLIP ROADS

          1. In the administrative area of Westmorland and Furness Council

            1. 2.M6 northbound diverge slip road

            2. 3.M6 northbound merge slip road

            3. 4.M6 southbound diverge slip road

            4. 5.M6 southbound merge slip road

        3. THE IMPROVED A592

          1. In the administrative area of Westmorland and Furness Council

            1. 6.A 205 metre length of improved A592

        4. THE NEW KEMPLAY BANK JUNCTION SLIP ROADS

          1. In the administrative area of Westmorland and Furness Council

            1. 7.A66 eastbound diverge slip road

            2. 8.A66 eastbound merge slip road

            3. 9.A66 westbound diverge slip road

            4. 10.A66 westbound merge slip road

        5. THE IMPROVED A6, INCLUDING THE CIRCULATORY CARRIAGEWAY OF THE NEW KEMPLAY BANK ROUNDABOUT

          1. In the administrative area of Westmorland and Furness Council

            1. 11.Kemplay Bank Roundabout

            2. 12.A 90 metre length of improved A6 (southbound approach to Kemplay Bank Roundabout)

            3. 13.A 155 metre length of improved A6 (northbound approach to Kemplay Bank Roundabout)

        6. THE NEW AND IMPROVED A686

          1. In the administrative area of Westmorland and Furness Council

            1. 14.A 242 metre length of improved A686

        7. ROAD TO BE DE-TRUNKED

          1. In the administrative area of Westmorland and Furness Council

            1. 15.A length of approximately 416 metres of the existing A66,...

      2. PART 2 SCHEME 03 – PENRITH TO TEMPLE SOWERBY

        1. THE NEW AND IMPROVED A66 TRUNK ROAD

          1. In the administrative area of Westmorland and Furness Council

            1. 16.A 2.9 kilometre length of improved A66 trunk road

            2. 17.A 2.4 kilometre length of new A66 trunk road

        2. NEW JUNCTION AT CENTER PARCS

          1. In the administrative area of Westmorland and Furness Council

            1. 18.A 116 metre length of new road (Northbound Approach)

            2. 19.A 493 metre length of new road (Connector Loop)

        3. NEW B6262

          1. In the administrative area of Westmorland and Furness Council

            1. 20.B6262 (Realigned)

        4. NEW JUNCTION AND LINK ROAD OPPOSITE WHINFELL PARK

          1. In the administrative area of Westmorland and Furness Council

            1. 21.A 144 metre length of new road (unclassified U3192)

        5. NEW JUNCTION AND LINK ROAD TO DE-TRUNKED SECTION OF A66 (ROMAN ROAD)

          1. In the administrative area of Westmorland and Furness Council

            1. 22.A 247 metre length of new road (unclassified westbound approach) (unclassified U3193)

        6. ROAD TO BE DE-TRUNKED

          1. In the administrative area of Westmorland and Furness Council

            1. 23.A length of approximately 451 metres of the existing A66,...

      3. PART 3 SCHEME 0405 – TEMPLE SOWERBY TO APPLEBY

        1. THE NEW AND IMPROVED A66 TRUNK ROAD

          1. In the administrative area of Westmorland and Furness Council

            1. 24.An 8.6 kilometre length of new road

        2. THE NEW A66 COMPACT CONNECTOR ROADS

          1. In the administrative area of Westmorland and Furness Council

            1. 25.Temple Sowerby connector road

            2. 26.Kirkby Thore Junction (access to British Gypsum) eastbound connector road

            3. 27.Kirkby Thore Junction (access to British Gypsum) westbound connector road

            4. 28.Long Marton Junction eastbound connector road

            5. 29.Long Marton Junction westbound connector road

            6. 30.Local road linking C3057 to A66

        3. THE NEW B6542

          1. In the administrative area of Westmorland and Furness Council

            1. 31.An 8.5 km length of new and existing road

            2. 32.Proposed Roundabout

        4. THE NEW C3057

          1. In the administrative area of Westmorland and Furness Council

            1. 33.C3057 South

            2. 34.C3057 North

        5. THE NEW C3065

          1. In the administrative area of Westmorland and Furness Council

            1. 35.C3065 Road – Fell Lane

            2. 36.C3065 Road – Realigned Main Street

            3. 37.An 87 metre length of existing road to be classified...

        6. THE NEW C3063

          1. In the administrative area of Westmorland and Furness Council

            1. 38.A 1.2 km length of new road

        7. THE NEW UNCLASSIFIED ROADS

          1. In the administrative area of Westmorland and Furness Council

            1. 39.Roman Road (unclassified U3199)

            2. 40.New Cross Street (unclassified C3030)

            3. 41.A 33 metre length of existing link road, commencing at...

            4. 42.A 32 metre length of existing link road, commencing at...

            5. 43.A 207 metre length of existing road, commencing at point...

            6. 44.Main Street (unclassified U3772)

            7. 45.New Sleastonhow Lane (unclassified U3202)

            8. 46.Improved Long Marton (unclassified U3773)

            9. 47.Existing Fell Lane (unclassified C3065)

        8. UNCLASSIFIED ROAD WITH NEW QUIET LANE DESIGNATION

          1. In the administrative area of Westmorland and Furness Council

            1. 48.Priest Lane (unclassified U3199)

        9. ROADS TO BE DE-TRUNKED

          1. In the administrative area of Westmorland and Furness Council

            1. 49.A 7.2 km length of the existing A66 trunk road...

      4. PART 4 SCHEME 06 – APPLEBY TO BROUGH

        1. THE NEW AND IMPROVED A66 TRUNK ROAD

          1. In the administrative area of Westmorland and Furness Council

            1. 50.An 8.2 kilometre length of new road

        2. B6259 SANDFORD JUNCTION (A66 TRUNK ROAD)

          1. In the administrative area of Westmorland and Furness Council

            1. 51.New B6259 Sandford Junction

        3. NEW WARCOP EASTBOUND JUNCTION

          1. In the administrative area of Westmorland and Furness Council

            1. 52.New Warcop Eastbound Junction

        4. NEW WARCOP WESTBOUND JUNCTION

          1. In the administrative area of Westmorland and Furness Council

            1. 53.New Warcop Westbound Junction

        5. THE NEW B6259

          1. In the administrative area of Westmorland and Furness Council

            1. 54.A 220m length of new road (new B6259)

        6. THE EXISTING A66 (NEW C3077)

          1. In the administrative area of Westmorland and Furness Council

            1. 55.A 1.1 kilometre length of existing A66 trunk road

        7. THE NEW C3077

          1. In the administrative area of Westmorland and Furness Council

            1. 56.A 3.5 kilometre length of new road (realigned old A66)

        8. THE NEW UNCLASSIFIED U3311

          1. In the administrative area of Westmorland and Furness Council

            1. 57.A 126 metre length of new road (Flitholme Road)

        9. THE NEW UNCLASSIFIED U3311

          1. In the administrative area of Westmorland and Furness Council

            1. 58.A 666 metre length of new road (Flitholme to Langrigg Link)

        10. THE NEW UNCLASSIFIED U3221

          1. In the administrative area of Westmorland and Furness Council

            1. 59.A 890 metre length of the existing A66 at Warcop (Moorhouse Link)

        11. ROADS TO BE DE-TRUNKED

          1. In the administrative area of Westmorland and Furness Council

            1. 60.A 1.2 kilometre length of existing A66 Trunk Road

            2. 61.A 1.4 kilometre length of existing A66 Trunk Road

      5. PART 5 SCHEME 07 – BOWES BYPASS

        1. THE NEW AND IMPROVED A66 TRUNK ROAD

          1. In the administrative area of Durham County Council

            1. 62.A66 all-purpose dual carriageway

        2. THE NEW AND IMPROVED BOWES JUNCTION

          1. In the administrative area of Durham County Council

            1. 63.A66 eastbound diverge slip road

            2. 64.A66 eastbound merge slip road

            3. 65.A66 westbound diverge slip road

            4. 66.A66 westbound merge slip road

            5. 67.A67

        3. UNCLASSIFIED ROADS, THE STREET AND CLINT LANE OVERBRIDGE

          1. In the administrative area of Durham County Council

            1. 68.The Street

            2. 69.The new Clint Lane Overbridge

            3. 70.Unnamed Side Road

        4. ROADS TO BE DE-TRUNKED

          1. In the administrative area of Durham County Council

            1. 71.A66 Junction with The Street

      6. PART 6 SCHEME 08 – CROSS LANES TO ROKEBY

        1. THE NEW AND IMPROVED A66 TRUNK ROAD

          1. In the administrative area of Durham County Council

            1. 72.A66 all-purpose dual carriageway

        2. THE NEW CROSS LANES JUNCTION AND UNCLASSIFIED SIDE ROADS AT RUTHERFORD LANE AND MOORHOUSE LANE

          1. In the administrative area of Durham County Council

            1. 73.Eastbound A66 / B6277 compact connector road

            2. 74.Westbound A66 / B6277 compact connector road

            3. 75.New B6277 Moorhouse Lane link road

            4. 76.Realigned Moorhouse Lane (north)

            5. 77.Realigned Rutherford Lane

            6. 78.Realigned Moorhouse Lane (south)

        3. THE NEW ROKEBY JUNCTION

          1. In the administrative area of Durham County Council

            1. 79.A66 Eastbound Diverge connector road

            2. 80.Westbound A66 / C165 compact connector road

            3. 81.Rokeby Junction compact grade separated junction

        4. RECLASSIFICATION OF THE EXISTING A66 AS THE C165

          1. In the administrative area of Durham County Council

            1. 82.Existing A66

        5. A66 EASTBOUND MERGE SLIP ROAD FROM RECLASSIFIED C165 BARNARD CASTLE ROUNDABOUT

          1. In the administrative area of Durham County Council

            1. 83.A66 Eastbound Merge Slip Road

        6. ROADS TO BE DE-TRUNKED

          1. In the administrative area of Durham County Council

            1. 84.A66 Junction with Rutherford Lane

            2. 85.A66 Trunk Road

            3. 86.A66 Junction with Moorhouse Lane (South)

            4. 87.A66 Trunk Road

      7. PART 7 SCHEME 09 – STEPHEN BANK TO CARKIN MOOR

        1. THE NEW AND IMPROVED A66 TRUNK ROAD

          1. In the administrative area of the North Yorkshire Council

            1. 88.A66 all-purpose dual carriageway

            2. 89.A66 westbound merge slip road

        2. THE EXISTING A66 AND WARRENER LANE LINK ROAD

          1. In the administrative area of the North Yorkshire Council

            1. 90.C108 Warrener Lane

            2. 91.Realigned C12 Collier Lane

        3. MAINS GILL JUNCTION

          1. 92.Eastbound A66 compact connector road

          2. 93.Westbound A66 compact connector road

          3. 94.Moor Lane link road

        4. ROADS TO BE DE-TRUNKED

          1. In the administrative area of the North Yorkshire Council

            1. 95.A66 Trunk Road (west)

            2. 96.A66 Trunk Road (east)

    8. SCHEDULE 8

      TRAFFIC REGULATION MEASURES ETC.

      1. PART 1 SCHEME 0102 – M6 J40 TO KEMPLAY BANK

      2. PART 2 SCHEME 03 – PENRITH TO TEMPLE SOWERBY

      3. PART 3 SCHEME 0405 – TEMPLE SOWERBY TO APPLEBY

      4. PART 4 SCHEME 06 – APPLEBY TO BROUGH

      5. PART 5 SCHEME 07 – BOWES BYPASS

      6. PART 6 SCHEME 08 – CROSS LANES TO ROKEBY

      7. PART 7 SCHEME 09 – STEPHEN BANK TO CARKIN MOOR

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

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

        1. 1.(1) The provisions of this Part of this Schedule have...

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

        3. 3.On street apparatus

        4. 4.Apparatus in closed 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.Cooperation

        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.(1) For the protection of any operator, the following provisions...

        2. 15.The exercise of the powers of article 31 (statutory undertakers)...

        3. 16.(1) Subject to sub-paragraphs (2) to (4), if as the...

        4. 17.This Part of this Schedule does not apply to—

        5. 18.Nothing in this Part of this Schedule affects the provisions...

      3. PART 3 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER

        1. 19.Application

        2. 20.Interpretation

        3. 21.Except for paragraphs 22 (apparatus of National Grid in stopped...

        4. 22.Apparatus of National Grid in closed streets

        5. 23.Protective works to buildings

        6. 24.Acquisition of land

        7. 25.Removal of apparatus

        8. 26.Facilities and rights for alternative apparatus

        9. 27.Retained apparatus: protection of electricity undertaker

        10. 28.Expenses

        11. 29.Indemnity

        12. 30.Enactments and agreements

        13. 31.Co-operation

        14. 32.Access

        15. 33.Arbitration

        16. 34.Notices

      4. PART 4 FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER

        1. 35.Application

        2. 36.Interpretation

        3. 37.Except for paragraphs 38 (apparatus of National Grid in closed...

        4. 38.Apparatus of National Grid in closed streets

        5. 39.Protective works to buildings

        6. 40.Acquisition of land

        7. 41.Removal of apparatus

        8. 42.Facilities and rights for alternative apparatus

        9. 43.Retained apparatus: protection of gas undertaker

        10. 44.Expenses

        11. 45.Indemnity

        12. 46.Enactments and agreements

        13. 47.Co-operation

        14. 48.Access

        15. 49.Arbitration

        16. 50.Notices

      5. PART 5 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 51.(1) The following provisions of this Part of this Schedule...

        2. 52.Submission and approval of plans

        3. 53.Construction of protective works

        4. 54.Timing of works and service of notices

        5. 55.Works not in accordance with this Schedule

        6. 56.Maintenance of works

        7. 57.Remediating impaired drainage work

        8. 58.Agency access

        9. 59.Free passage of fish

        10. 60.Indemnity

        11. 61.(1) The undertaker is responsible for and indemnifies the Agency...

        12. 62.Disputes

      6. PART 6 FOR THE PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED

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

        2. 64.In this Part of this Schedule— “asset protection agreement” means...

        3. 65.(1) Where under this Part of this Schedule Network Rail...

        4. 66.(1) The undertaker must not exercise the powers conferred by—...

        5. 67.(1) The undertaker must before commencing construction of any specified...

        6. 68.(1) Any specified work and any protective works to be...

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

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

        9. 71.(1) If any permanent or temporary alterations or additions to...

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

        11. 73.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

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

        15. 77.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

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

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

      7. PART 7 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

        1. 84.The provisions of this Part of this Schedule apply for...

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

        3. 86.(1) Before beginning to construct any specified work, the undertaker...

        4. 87.The requirements or conditions which the drainage authority may make...

        5. 88.(1) Any specified work in relation to an ordinary watercourse,...

        6. 89.(1) From the commencement of the construction of any specified...

        7. 90.Subject to paragraph 89(5)(b), if by reason of the construction...

        8. 91.(1) The undertaker must make reasonable compensation for costs, charges...

        9. 92.Any dispute arising between the undertaker and the drainage authority...

    10. SCHEDULE 10

      DOCUMENTS TO BE CERTIFIED

  9. Explanatory Note

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