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The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014

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SCHEDULES

Article 2

SCHEDULE 1AUTHORISED DEVELOPMENT

In the administrative area of Cheshire East Council

A nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act(1), comprising:

  • Work No. 1 — the construction of a new all-purpose dual carriageway (“the new A556”) and improvements to a section of the existing A556 to dual carriageway standard, totalling 7.5 kilometres in length, between M6 Junction 19 and M56 Junction 7, to include:

    (a)

    the modification of the existing M6 Junction 19 roundabout to stop up the existing access to and from Chester Road (the existing A556) and to create a new access to the new A556;

    (b)

    the construction of a new non-motorised user link between the de-trunked A556 (in accordance with Part 3 of Schedule 3) and Old Hall Lane, to accommodate pedestrians, cyclists and horse riders;

    (c)

    the construction of a new underpass for the new Old Hall Lane to A556 non-motorised user link, beneath the new A556;

    (d)

    the construction of a new non-motorised user link between the M6 Junction 19 roundabout and the Old Hall Lane to A556 non-motorised user link, to accommodate pedestrians and cyclists;

    (e)

    the construction of a new retaining wall to support the earthworks for the new A556 carriageway adjacent to Tabley Parish Hall;

    (f)

    the construction of the new Old Hall Lane (West) single carriageway highway, from a point 36 metres east of the access to Over Tabley Hall Farm, northwards, along the western boundary of the new trunk road, to a new grade separated roundabout junction for the new A556 northbound off-slip, west of the new A556, a total distance of 830 metres, including the roundabout circumference (Reference A - Rights of Way and Access Plans – Sheet 2) to include the improvement of the existing C610 Old Hall Lane from a point 74 metres west from the access to Over Tabley Hall Farm, eastwards for a distance of 109 metres;

    (g)

    the construction of a new northbound off-slip to the west of the new A556 and one new southbound on-slip to the east of the new A556;

    (h)

    the construction of a new highway drainage attenuation and pollution control facility to the west of the new A556 and Old Hall Lane (West);

    (i)

    the construction of a new outfall to Tabley Brook to the west of the new highway drainage attenuation and pollution control facility;

    (j)

    the construction of the new Old Hall Lane (East) single carriageway highway, from a point 2 metres south of the existing access to field OS No. 3843, generally westwards then over the new A556, to a new roundabout junction for the new A556 northbound off-slip, west of the new A556, a total distance of 419 metres (Reference B - Rights of Way and Access Plans – Sheet 2) to include the improvement of the existing A556 Chester Road from a point 104 metres south from the access to field OS No. 3351 and field OS No. 3843, northwards for a distance of 213 metres;

    (k)

    the construction of a new culvert beneath the new Old Hall Lane (East);

    (l)

    the construction of a new Chester Road Roundabout to connect Old Hall Lane (East) with the existing Chester Road and associated improvement works;

    (m)

    the construction of a new culvert beneath the new A556, north of Tabley Junction;

    (n)

    the construction of a new overbridge on UW2127 Bentley Hurst Lane and the re-alignment of the UW2127 Bentley Hurst Lane carriageway;

    (o)

    the construction of a new highway drainage attenuation and pollution control facility to the west of the new A556 and 500 metres to the north of UW2127 Bentley Hurst Lane;

    (p)

    the construction of a second new outfall to Tabley Brook to the west of the new highway drainage attenuation and pollution control facility;

    (q)

    the construction of a new Green / Accommodation overbridge for the provision of a new access track to privately owned fields to the east and west of the new A556;

    (r)

    the construction of a new culvert beneath the new A556, south of the new Green / Accommodation overbridge;

    (s)

    the construction of a new culvert beneath the access track, east of the Green / Accommodation overbridge;

    (t)

    the construction of a new overbridge on the A50 and the re-alignment of the A50 carriageway;

    (u)

    the construction of a new roundabout junction on the re-aligned A50 and a new northbound on-slip road to the new A556;

    (v)

    the construction of a new culvert beneath re-aligned A50, west of the new A556 and the new A50 roundabout junction;

    (w)

    the construction of new highway turning areas on C113 Bucklow Hill Lane, on the east and west of the new A556; to include the improvement of the existing C113 Bucklow Hill Lane from a point 156 metres east of its junction with the access to Hulme Barns Farm, north eastwards for a distance of 23 metres and the improvement of the existing C113 Bucklow Hill Lane from a point 189 metres west of its junction with A556 Chester Road, westwards for a distance of 28 metres;

    (x)

    the construction of a new overbridge on C114 Chapel Lane and re-alignment of the C114 Chapel Lane carriageway;

    (y)

    the construction of a new culvert beneath the new A556, south of the new C114 Chapel Lane overbridge;

    (z)

    the construction of new highway turning areas on UW2104 Millington Hall Lane, on the east and west of the new A556; to include the improvement of the existing UW2104 Millington Hall Lane from a point 67 metres east of Denfield Cottage access, south eastwards for a distance of 18 metres and the improvement of the existing UW2104 Millington Hall Lane from a point 120 metres west of its junction with A556 Chester Road, south eastwards for a distance of 25 metres;

    (aa)

    the construction of new highway from a point 215 metres north of the junction between UW2104 Millington Hall Lane and A556 Chester Road, northwards for a distance of 17 metres to connect to the new A556 southbound off-slip (Reference B - Rights of Way and Access Plans – Sheet 5) to include the improvement of the existing A556 Chester Road, from a point 32 metres north of its junction with UW2104 Millington Hall Lane, northwards for a distance of 272 metres;

    (bb)

    the construction of new highway from a point 215 metres north of the junction between UW2104 Millington Hall Lane and A556 Chester Road, southwards for a distance of 161 metres, including the roundabout circumference of the new Millington Roundabout junction, to connect to the improved A556 Chester Road (Reference C - Rights of Way and Access Plans – Sheet 5);

    (cc)

    the construction of new highway from a point 207 metres north of the junction between UW2104 Millington Hall Lane and A556 Chester Road, north eastwards for a distance of 27 metres to connect to the improved A556 Chester Road (Reference D - Rights of Way and Access Plans – Sheet 5);

    (dd)

    the construction of a new engineered earthworks slope on the east of new A556 and adjacent to Bucklow Manor;

    (ee)

    the improvement of UW2089 Cherry Tree Lane and construction of new link road to connect UW2089 Cherry Tree Lane to the existing A556 Chester Road, to the east of the new A556;

    (ff)

    the construction of a new overbridge on C116 Millington Lane and the re-alignment of the C116 Millington Lane carriageway;

    (gg)

    the construction of a new at-grade junction on C116 Millington Lane to connect the re-aligned C116 Millington Lane with the Chester Road (Northern Link) and Cherry Tree Lane Link road to include the improvement of the existing A556 Chester Road junction with C116 Millington Lane;

    (hh)

    the re-modelling of the existing junction between the existing A556 Chester Road and UW2089 Cherry Tree Lane to accommodate the new Cherry Tree Lane Link road;

    (ii)

    the construction of a retaining wall to the east of the new Cherry Tree Lane Link to support the widened highway of the improved existing A556 and the Cherry Tree Lane Link road;

    (jj)

    the construction of a new highway drainage attenuation and pollution control facility to the west of the new A556 and south of the M56;

    (kk)

    the re-modelling of the existing Bowdon Roundabout to accommodate additional links provided for M56 Junction 7/8;

    (ll)

    the construction of a new roundabout to improve M56 Junction 7/8 and the construction of the new M56 spur westbound off-slip, a new A556 southbound merge interchange link and the Bowdon Roundabout Link between the new roundabout and the re-modelled Bowdon Roundabout;

    (mm)

    the construction of a new overbridge for the Bowdon Roundabout Link road and the construction of the re-aligned M56 westbound and eastbound spur roads;

    (nn)

    the realignment of the existing M56 spur eastbound on-slip road from Bowdon Roundabout to accommodate the re-aligned M56 eastbound spur road;

    (oo)

    the construction of a new highway drainage attenuation and pollution control facility in the land between the new M56 eastbound on-slip road from Bowdon Roundabout, the re-aligned M56 eastbound spur road and the new Bowdon Roundabout Link road;

    (pp)

    the construction of a new outfall to the River Bollin from the new highway drainage attenuation and pollution control facility;

    (qq)

    the construction of a new footpath (Reference A - Rights of Way and Access Plans – Sheet 7) from the southern access to the Cheshire Lounge Public House eastwards for a distance of 8 metres, then northwards for a distance of 82 metres to connect to existing footpath reference MILL FP10 and new footpath (Reference B);

    (rr)

    the construction of a new footpath (Reference B - Rights of Way and Access Plans – Sheet 7) off the Bowdon Roundabout, from a point 54 metres south of its junction with the A56 Lymm Road, southwards for a total distance of 521 metres, parallel to the western boundary of the new A556 to connect to new footpath (Reference A); (Along the route of the new footpath Reference B, a new private means of access Reference 1 (which includes vehicular rights) is to be provided and, subject to that, that footpath is to be created);

    (ss)

    the construction of a new culvert beneath the new access to Yarwoodheath Lane on the south of the improved M56 Junction 7/8;

    (tt)

    the construction of a new culvert beneath the existing M56 eastbound on-slip road, the realigned M56 eastbound spur road, the re-aligned M56 westbound spur road and M56 westbound spur road off-slip road and construction of a new outfall from the new culvert with Birkin Brook;

    (uu)

    the re-modelling of the M56 Junction 7/8 eastbound diverge interchange link to accommodate the new M56 westbound spur road off-slip road;

    (vv)

    the construction of a new retaining wall to support a new access track and public footpath for Yarwoodheath Farm above the re-aligned M56 eastbound spur road;

    (ww)

    the construction of a new retaining wall to support the new M56 Spur Eastbound on-slip to the north of the link; and

    (xx)

    the construction of a new non-motorised user facility for pedestrians running between the western end of footpath reference MILL FP1 in a westerly direction for 44 metres to the edge of the re-aligned Chapel Lane.

Associated development within the meaning of section 115(2) of the 2008 Act, comprising:

  • Work No. 1

    (yy)

    the construction of new private means of access from C610 Old Hall Lane to private properties and privately owned fields to the east of the new A556;

    (zz)

    the construction of an extension of the existing outfall pipe (discharge from Tabley Services) to the unnamed watercourse feeding Tabley Brook at Over Tabley;

    (aaa)

    the construction of a new private means of access to field OS No. 0031, on the west of the proposed new Old Hall Lane (West) (Reference A), 546 metres north of the junction between C610 Old Hall Lane and the access to Over Tabley Hall Farm (Reference 1 - Rights of Way and Access Plans – Sheet 2);

    (bbb)

    the provision of replacement parking spaces for Tabley Parish Hall;

    (ccc)

    the provision of replacement parking spaces for St Paul’s Church, Tabley;

    (ddd)

    the construction of a new private means of access to field OS No. 0031, on the east of the proposed new Old Hall Lane (West) (Reference A), 211 metres south of the northern end of Old Hall Lane (West) (Reference 4 - Rights of Way and Access Plans – Sheet 2);

    (eee)

    the construction of a new private means of access to the new highway drainage attenuation and pollution control facility, west of the proposed new Old Hall Lane (West) (Reference A) and field OS No. 1280, 126 metres northeast of the junction between C610 Old Hall Lane and the access to Over Tabley Hall Farm (Reference 5 - Rights of Way and Access Plans – Sheet 2);

    (fff)

    the construction of a new private means of access to field OS No. 0031, on the south of the proposed Old Hall Lane (East) (Reference B), 205 metres east of the western end of Old Hall Lane (East) (Reference 8 - Rights of Way and Access Plans – Sheet 2);

    (ggg)

    the diversion of a watercourse (unnamed ditch) to the south of the new Old Hall Lane (East);

    (hhh)

    the construction of a new private means of access to field OS No. 0077 and field OS No. 0058, on the south of the improved UW2127 Bentley Hurst Lane, 180 metres east of its junction with the eastern access to Bentley Hurst Farm (Reference 1 - Rights of Way and Access Plans – Sheet 3);

    (iii)

    the construction of new private means of access from UW2127 Bentley Hurst Lane to private properties and privately owned fields to the west of the new A556;

    (jjj)

    the diversion of Tabley Brook to the west of the new A556 and to the south of the new highway drainage attenuation and pollution control facility;

    (kkk)

    the construction of new private means of access from the A50 to private properties and privately owned fields to the east and west of the new A556;

    (lll)

    the construction of a new culvert beneath re-aligned A50, east of the new A556 and the new A50 roundabout junction;

    (mmm)

    the construction of new private means of access from C113 Bucklow Hill Lane to private properties and privately owned fields to the east and west of the new A556;

    (nnn)

    the construction of new private means of access from C114 Chapel Lane to private properties and privately owned fields to the east and west of the new A556;

    (ooo)

    the construction of a new private means of access to field OS No. 9164 on the north of the improved C114 Chapel Lane, 346 metres north west of its junction with A556 Chester Road (Reference 4 - Rights of Way and Access Plans – Sheet 5);

    (ppp)

    the construction of new private means of access from C116 Millington Lane to private properties and privately owned fields to the west of the new A556;

    (qqq)

    the construction of a new access track from the M56 westbound carriageway to the new highway drainage attenuation pond to the west of the new A556 and south of the M56;

    (rrr)

    the construction of a new private means of access to field OS No. 4161, on the west of the Bowdon Roundabout Link, 48 metres south of its junction with Bowdon Roundabout (Reference 2 - Rights of Way and Access Plans – Sheet 7);

    (sss)

    the construction of a new private means of access to the new highway drainage attenuation and pollution control facility and field OS No. 6285, on the east of Bowdon Roundabout Link, 51 metres south of its junction with Bowdon Roundabout, north eastwards then south eastwards for a distance of 400 metres to join Yarwoodheath Farm Access Bridge (Reference 4 - Rights of Way and Access Plans – Sheet 7); and

    (ttt)

    the construction of a new access to Yarwoodheath Lane and privately owned fields on the south of the improved M56 Junction 7/8, and re-alignment of Yarwoodheath Lane.

  • Work No. 2 — the re-location of the Driver and Vehicle Standards Agency Goods Vehicle Test Station from west of the existing A556 to the centre of Bowdon Roundabout.

  • Work No. 3 — the improvement of the M6 southbound carriageway between M6 Junction 19 and the overbridge of the A5033 Northwich Road to include:

    (a)

    the construction of a new engineered earthworks slope to the north of the M6 southbound carriageway, but within the existing highway boundary;

    (b)

    relining of the southbound carriageway; and

    (c)

    associated highway works.

  • Work No. 4 — the improvements associated with the de-trunking of the existing A556 Chester Road from M6 Junction 19 to the new Cherry Tree Lane link, including:

    (a)

    reducing the current road cross section to a rural type single carriageway road;

    (b)

    the construction of a new non-motorised user facility for pedestrians, cyclists and equestrian users, running between the new non-motorised user link from M6 Junction 19 and the new at grade junction at Millington Lane;

    (c)

    the construction of a low profile bund and landscaping to provide separation between the single carriageway road and the non-motorised user facility;

    (d)

    the construction of new access tracks and private means of access to adjacent lands and properties;

    (e)

    the construction of a new private means of access to field OS No. 3111 and field OS No. 2500, on the west of the new A556, 171 metres south of its junction with the improved C116 Millington Lane (Reference 2 - Rights of Way and Access Plans – Sheet 6); and

    (f)

    the construction of a new private means of access to field OS No. 4848, 46 metres north of the junction of the existing A556 Chester Road with C116 Millington Lane (Reference 5 - Rights of Way and Access Plans – Sheet 6).

  • Work No. 5 — the diversion of 320 metres of gas transmission pipeline north of Old Hall Lane (West) and the new highway drainage attenuation and pollution control facility, including the erection of marker posts.

  • Work No 6 — the diversion of 665 metres of oil pipeline from the south east of Chapel Lane diversion to the north west of Chapel Lane diversion.

  • Work No. 7 — the diversion of 460 metres of water pipeline from A556 Chester Road at junction with Millington Lane to south of Mereside Farm.

    and in connection with the construction of any of those works, further development within the Order limits consisting of:

    (a)

    alteration of the layout of any street permanently or temporarily, including but not limited to increasing the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street; altering the level or increasing the width of any such kerb, footway, cycle track or verge; and reducing the width of the carriageway of the street;

    (b)

    ramps, means of access, footpaths, bridleways, cycle tracks, embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, drainage, wing walls, highway lighting, fencing and culverts;

    (c)

    street works, including breaking up or opening a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street; works to place or maintain apparatus in a street; works to alter the position of apparatus, including mains, sewers, drains and cables;

    (d)

    works to alter the course of, or otherwise interfere with a watercourse other than a navigable watercourse;

    (e)

    landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

    (f)

    works for the benefit or protection of land affected by the authorised development;

    (g)

    works required for the strengthening, improvement, maintenance or reconstruction of any streets; and

    (h)

    such other works, including contractors’ compounds, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of or in connection with the construction of the authorised development and which fall within the scope of the environmental impact assessment.

Article 3

SCHEDULE 2REQUIREMENTS

Interpretation

1.  In this Schedule—

“CEMP” means the construction environmental management plan, being the EMP as approved prior to the construction of the authorised development;

“EMP” means the environmental management plan referred to in paragraph 4(1);

“environmental statement” means the document certified as the environmental statement under article 34 (certification of plans, etc.) for the purposes of this Order;

“European protected species” has the same meaning as in regulations 40 and 44 of the Conservation of Habitats and Species Regulations 2010(2); and

“HEMP” means the handover environmental management plan, being the EMP to be developed towards the end of the construction of the authorised development to contain—

(a)

the environmental information needed for the future maintenance and operation of the authorised development;

(b)

the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the scheme; and

(c)

a record of the consents, commitments and permissions resulting from liaison with statutory bodies including Natural England.

Time limits

2.  The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Detailed design

3.—(1) The authorised development must be carried out in accordance with the scheme design shown on the works plans, the structure drawings, the junction design drawings, the lighting drawings, the car parking drawings and the engineering drawings and sections, unless otherwise agreed in writing by the Secretary of State, following consultation with the relevant planning authority on matters related to its statutory powers, and provided the development so altered falls within the limits of deviation and within the envelope of the environmental statement referred to in article 34(1)(f) (certification of plans, etc.).

(2) Natural England must be consulted on the design of any structures that serve to mitigate or compensate for impacts on protected species referred to in paragraph 9.

Environmental management plan

4.—(1) An EMP must be prepared and implemented for the purpose of managing the environmental effects of the authorised development.

(2) The EMP must include—

(a)a written scheme for the investigation of areas of archaeological interest;

(b)management and maintenance information on cultural heritage assets;

(c)a site waste management plan;

(d)a materials management plan;

(e)a landscape management plan;

(f)a resources management plan; and

(g)an ecological management plan.

(3) The authorised development must be constructed in accordance with the EMP.

(4) No authorised development must commence until a CEMP has been submitted to and approved in writing by the Secretary of State, in consultation with Natural England to the extent that it relates to protected species or protected sites and the relevant planning authority to the extent that it relates to methods for the control of nuisances and pollution.

(5) The CEMP must reflect the mitigation and compensation measures included in the environmental statement, and must include—

(a)outline plans to address each of the matters to be included in the EMP;

(b)measures to address control of noise, fumes, light, vibration and dust during construction;

(c)measures to address site waste management;

(d)restrictions on carrying out construction works close to the Rostherne Mere site of special scientific interest or the Rostherne Mere Ramsar site during the wintering bird season from the beginning of September to the end of February;

(e)action plans, working methods and mitigation measures for each of the topics covered in the environmental statement; and

(f)any additional mitigation or compensation measures relating to nationally or European protected species or habitats that are subsequently agreed with Natural England, which includes working methods and mitigation or compensation measures agreed through any protected species licence applications.

(6) The construction of the authorised development must be carried out in accordance with the CEMP.

(7) The Secretary of State may modify the CEMP at any time after the authorised development has commenced and must notify Natural England of any modifications as far as they relate to protected species or protected sites.

(8) Before the end of the construction of the authorised development the CEMP must be converted into the HEMP.

(9) The authorised development must be operated and maintained in accordance with the HEMP.

Implementation and maintenance of landscaping

5.—(1) The authorised development must be landscaped in accordance with a landscaping scheme that has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

(2) The landscaping scheme must reflect the mitigation measures included in the environmental statement and set out details of all proposed hard and soft landscaping works, including—

(a)location, number, species, size and planting density of any proposed planting;

(b)cultivation, importing of materials and other operations to ensure plant establishment;

(c)proposed finished ground levels;

(d)hard surfacing materials;

(e)vehicular and pedestrian access, parking and circulation areas;

(f)details of existing trees to be retained, with measures for their protection during the construction period;

(g)retained historic landscape features and proposals for restoration, where relevant; and

(h)implementation timetables for all landscaping works.

(3) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(4) The landscaping works must be carried out in accordance with implementation timetables referred to in sub-paragraph (2).

(5) Any tree or shrub planted as part of the landscaping scheme that, within a period of two years after planting, dies or becomes, in the opinion of the Secretary of State, seriously diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless the Secretary of State gives written consent to any variation.

Fencing

6.  Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the Highways Agency’s Manual of Contract Documents for Highway Works, Volume 1 – Specification for Highway Works (consolidated edition, November 2005, as amended as at May 2014), except where any departures from that manual are agreed in writing by the Secretary of State.

Ecological mitigation

7.  Ecological mitigation of the authorised development with respect to protected species, including the provision of any mammal underpasses or tunnels, must be provided in accordance with the principles of guidance from the Highways Agency’s Design Manual for Roads and Bridges, Volume 10, Section 4 (Volume 10, October 1994, as amended as at May 2014), as supported by additional guidance from the Institute of Ecology and Environmental Management, published ecological literature, and consultation with statutory and non-statutory nature conservation bodies, except where any departures from that guidance are agreed in writing by the Secretary of State, following consultation with Natural England.

Contaminated land and groundwater

8.—(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported immediately to the relevant planning authority and the Environment Agency, and the Secretary of State must complete a risk assessment of the contamination.

(2) Where the Secretary of State determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose, must be submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and the Environment Agency.

(3) Remediation must be carried out in accordance with the approved scheme.

Protected species

9.—(1) No authorised development is to commence until final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected, or likely to be affected, by any part of the relevant works or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2) Where a protected species is shown to be, or where there is a reasonable likelihood of it being, present, the relevant parts of the relevant works must not begin until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State after consultation with Natural England.

(3) The relevant works must be carried out in accordance with the approved scheme, and under licence where necessary, unless otherwise agreed by the Secretary of State, after consultation with Natural England.

(4) Monitoring of impacts on protected species and habitats prior to, during and after construction, together with the monitoring and management of mitigation measures, must be carried out as far as required to meet the licence requirements.

(5) In the event that any protected species are found at any time when carrying out the authorised development which were not previously identified in the environmental statement—

(a)the finding must be reported immediately to Natural England; and

(b)no activities requiring a protected species licence are to continue until a scheme of protection and mitigation measures for the protected species has been submitted in writing to, and approved in writing by, Natural England and the Secretary of State.

Surface water drainage

10.—(1) No authorised development is to commence until written details of the surface and foul water drainage system, reflecting the mitigation measures in the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State.

(2) The surface and foul water drainage system must be constructed in accordance with the approved details.

Archaeological remains

11.—(1) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be investigated and recorded and reported to the Secretary of State by means of a technical report identifying the location for the housing of any finds.

(2) No construction operations are to take place within 10 metres of such remains for a period of 14 days from the date of such notification unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority.

(3) If the Secretary of State is of the view that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details first submitted in writing to, and approved in writing by, the Secretary of State.

Buildings at risk

12.  No authorised development is to commence in the vicinity of any buildings assessed to be at risk in the environmental statement or in the opinion of the relevant planning authority without first notifying the relevant planning authority.

Traffic management

13.—(1) No authorised development is to commence until a traffic management plan has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority.

(2) The authorised development must be constructed in accordance with the approved details.

14.  Work No. 4 must not be brought into use until the traffic authority, or the Secretary of State under the powers conferred by article 37 (traffic regulation), has carried out consultation on a proposed order under section 1 of the 1984 Act (traffic regulation orders outside Greater London) to restrict access by motorised vehicles to Work No. 4(b).

15.  The headroom within the non-motorised user underpass at Old Hall Lane must not be less than 3 metres.

Air quality

16.  The speed limit referred to in Part 5 of Schedule 3 (classification of roads, etc.) must remain in place until the results of air quality monitoring indicate that air quality has improved sufficiently to allow the speed limit to be raised to 70mph, pursuant to a monitoring strategy developed in consultation with the relevant planning authority.

Amendments to approved details

17.  With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved in writing.

Article 10

SCHEDULE 3CLASSIFICATION OF ROADS ETC.

PART 1SPECIAL ROADS

In the administrative area of Cheshire East Council—

1.  A road constructed on a route, 871 metres in length, starting at a point 249 metres north by north east of a point forming the intersect of the centre line of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, proceeding initially in a north easterly direction, to a point 260 metres south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, reference letter AA on the Special Roads Plan.

2.  A road constructed on a route, 828 metres in length, starting at a point 256 metres south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, proceeding initially in a north westerly direction, to a point 251 metres north by north east of a point forming the intersect of the centreline of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, reference letter BB on the Special Roads Plan.

3.  A road constructed on a route, 619 metres in length, starting at a point 421 metres south by south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, proceeding initially in a north westerly direction, to a point 291 metres south of the junction between the centreline of the M56 Eastbound Spur On-Slip with Bowdon Roundabout, reference letter CC on the Special Roads Plan.

4.  A road constructed on a route, 96 metres in length, starting at a point 280 metres south by south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, proceeding in a north westerly direction, to a point 186 metres south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, reference letter DD on the Special Roads Plan.

PART 2OTHER TRUNK ROADS

In the administrative area of Cheshire East Council—

5.  A road constructed on a route, comprising the new A556 Trunk Road, between point A on sheet 2 of the engineering drawings and sections, being a point on the existing M6 Junction 19 roundabout and point B on sheet 7 of the engineering drawings and sections, being a point 250 metres north of a point forming the intersect of the centre line of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, for a distance of 6556 metres in a northerly direction.

6.  A road constructed on a route, comprising the new Bowdon Roundabout Link Road, the circulatory carriageway of the new M56 J7/8 South Roundabout and the new A556 Southbound Merge Interchange Link, between point C on sheet 7 of the engineering drawings and sections, being a point on the existing Bowdon Roundabout highway boundary and point D on sheet 7 of the engineering drawings and sections, being a point on the existing A556 highway boundary, 201 metres north of a point forming the intersect of the centre line of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, for a distance of 691 metres in a southerly then south westerly direction.

PART 3ROADS TO BE DE-TRUNKED

In the administrative area of Cheshire East Council—

7.  The section of highway between point A on sheet 2 of the De-Trunking Plans, being a point 10 metres south of the junction between Old Hall Lane and the A556 Chester Road and point B on sheet 6 of the De-Trunking Plans, being a point 202 metres north of the junction between Millington Lane and the A556 Chester Road, for a distance of 5003 metres in a northerly direction.

PART 4ROADS SUBJECT TO 50 MPH SPEED LIMIT

8.  The new A556 northbound carriageway continued into the new M56 Spur eastbound carriageway from a point 395 metres south of the southern abutment of Chester Road Bridge to a point 559 metres south east of the centre of Bowdon Roundabout, a distance of 1,418 metres.

9.  The new M56 Spur westbound carriageway continued into the new A556 southbound carriageway from a point 827 metres south east of the centre of Bowdon Roundabout to a point 395 metres south of the southern abutment of Chester Road Bridge, a distance of 1,698 metres.

10.  The new A556-A56 northbound off-slip from its junction with the new A556 and its junction with Bowdon Roundabout, a distance of 383 metres.

11.  The new A556 southbound merge interchange link from its junction with the new M56 Junction 7/8 South Roundabout to its junction with the M56 westbound entry loop, a distance of 528 metres.

PART 5ROADS SUBJECT TO 60 MPH SPEED LIMIT

12.  The new A556 from its junction with M6 Junction 19 to a point 395 metres south of the southern abutment of Chester Road Bridge.

Article 11

SCHEDULE 4PERMANENT STOPPING UP OF STREETS

PART 1STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1)

Area

(2)

Street to be stopped up

(3)

Extent of stopping up

(4)

New street to be substituted

Rights of Way and Access Plans – Sheet 2
In the administrative area of Cheshire East Council―C610 Old Hall LaneFrom a point 46 metres west of its junction with the existing A556 Chester Road, westwards to a point 20 metres east of the access to Over Tabley Hall Farm, a total distance of 182 metres.Reference C – Rights of Way and Access Plans Sheet 2 = New bridleway from a point on the A556 Chester Road 13 metres south of its junction with C610 Old Hall Lane, generally westwards beneath the new trunk road, then northwards along the western boundary of the new trunk road, then westwards along the route of the stopped up C610 Old Hall Lane, to a new junction with the improved C610 Old Hall Lane, a total distance of 269 metres.
A556 Chester RoadFrom a point 13 metres south of its junction with C610 Old Hall Lane, southwards for a distance of 45 metres.Reference C – Rights of Way and Access Plans Sheet 2 (see above); and Reference D – Rights of Way and Access Plans Sheet 2 = New cycleway from a point in the verge of the M6 Junction 19 southbound exit slip, 10 metres west of its junction with the M6 Junction 19 circulatory carriageway, northwards along the western boundary of the new trunk road for a distance of 113 metres to join new bridleway Reference C.
Reference a – Rights of Way and Access Plans Sheet 2 = Access to property known as Over Tabley Hall, on the north of C610 Old Hall Lane, 245 metres west of its junction with A556 Chester Road.The whole accessReference 2 – Rights of Way and Access Plans Sheet 2 = New private means of access to Over Tabley Hall in the same location as stopped up access Reference a, but realigned to the improved C610 Old Hall Lane
Reference b – Rights of Way and Access Plans Sheet 2 = Access to property known as Over Tabley Hall Farm, on the north of C610 Old Hall Lane, 240m west of its junction with A556 Chester Road.The whole accessReference 3 – Rights of Way and Access Plans Sheet 2 = New private means of access to Over Tabley Hall Farm in the same location as stopped up access Reference b, but realigned to the improved C610 Old Hall Lane.
Reference c – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 0070 on the south of C610 Old Hall Lane, 102 metres west of its junction with A556 Chester RoadThe whole accessReference 12 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 0070, on the south of the realigned C610 Old Hall Lane, 38 metres east of the access to Over Tabley Hall.
Reference d – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 1280 and field OS No. 1691, on the north of C610 Old Hall Lane, 64 metres west of its junction with A556 Chester Road.The whole accessReference 3 – Rights of Way and Access Plans Sheet 2 (see above); and Reference 9 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 1691 and field OS No. 1500, on the west of A556 Chester Road, 30 metres south of the access to St Paul’s Church, generally westwards, for a distance of 70 metres.
Reference e – Rights of Way and Access Plans Sheet 2 = Access to property known as Tabley Parish Hall, on the north of C610 Old Hall Lane, 48 metres west of its junction with A556 Chester Road.The whole accessReference 6 – Rights of Way and Access Plans Sheet 2 = New private means of access to Tabley Parish Hall on the north of C610 Old Hall Lane, 45 metres west of its junction with A556 Chester Road.
Reference f – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 0070 on the south of C610 Old Hall Lane, 45 metres west of the junction of C610 Old Hall Lane with A556 Chester Road.The whole accessReference 12 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 0070, on the south of the realigned C610 Old Hall Lane 38 metres east of the access to Over Tabley Hall.
Reference g – Rights of Way and Access Plans Sheet 2 = Access to the property known as Rose Cottage, on the north of C610 Old Hall Lane, 42 metres west of its junction with A556 Chester Road.The whole accessReference 7 – Rights of Way and Access Plans Sheet 2 = New private means of access to the property known as Rose Cottage on the north of C610 Old Hall Lane, 39 metres west of its junction with A556 Chester Road.
Reference h – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 3843 and field OS No. 3351, west of A556 Chester Road, 220 metres north of the access to Church Farm.The whole accessReference 10 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 3437, on the south of Old Hall Lane (East), 128 metres west of the existing A556 Chester Road; and Reference 11 - Rights of way and Access Plans Sheet 2 = New private means of access to field OS No. 3351 & OS No. 3843 on the north of Old Hall Lane (East), 128 metres west of the Existing A556 Chester Road.
Rights of Way and Access Plans – Sheet 3
In the administrative area of Cheshire East Council―UW2127 Bentley Hurst LaneFrom a point 304 metres north east of its junction with the eastern access to Bentley Hurst Farm, northeastwards for a distance of 69 metres.Reference A – Rights of Way and Access Plans Sheet 3 = New highway from a point on the improved UW2127 Bentley Hurst Lane 206 metres northeast of its junction with the eastern access to Bentley Hurst Farm, north eastwards for a distance of 232 metres to connect to the improved UW2127 Bentley Hurst Lane east of the new trunk road; to include the improvement of the existing UW2127 Bentley Hurst Lane, from a point 173 metres north east of its junction with the eastern access to Bentley Hurst Farm, north eastwards for a distance of 27 metres; and to include the improvement of the existing UW2127 Bentley Hurst Lane, from a point 557 metres west of its junction with the A556 Chester Road, south westwards for a distance of 28 metres.
Reference a – Rights of Way and Access Plans Sheet 3 = Access to field OS No. 0004, on the south of UW2127 Bentley Hurst Lane, 303 metres east of the junction of UW2127 Bentley Hurst Lane with the eastern access to Bentley Hurst Farm.The whole accessReference 2 – Rights of Way and Access Plans Sheet 3 = New private means of access to field OS No.0004 on the south of the improved UW2127 Bentley Hurst Lane, 193 metres east of its junction with the eastern access to Bentley Hurst Farm.
Rights of Way and Access Plans – Sheet 4
In the administrative area of Cheshire East Council―A50From a point 133 metres southeast of its junction with the eastern access to Hulme Barns Farm, south eastwards for a distance of 85 metres.Reference A – Rights of Way and Access Plans Sheet 4 = New highway from a point on the improved A50, 74 metres south east of its junction with the western access to Hulme Barns Farm, south eastwards for a distance of 577 metres (including the roundabout circumference) to connect to the improved A50 south east of the new A556; to include the improvement of the existing A50 from a point 154 metres south east of its junction with UW2103 Hulse Heath Lane, south eastwards for a distance of 204 metres; and to include the improvement of the existing A50 from a point 134 metres south east of its junction with access to field OS No. 4523, north westwards for a distance of 201 metres.
Reference a – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 0045 on the south west of the A50, 290 metres south east of its junction with UW2103 Hulse Heath Lane.The whole accessReference 1 – Rights of Way and Access Plans Sheet 4 = New private means of access to the field OS No. 0045 on the south west of the A50, opposite the access to Hulme Barn Farm, 169 metres east of the Post Office’s eastern most access.
Reference b – Rights of Way and Access Plans Sheet 4 = Western access to Hulme Barns Farm on the north east of the A50, 289 metres south east of its junction with UW2103 Hulse Heath Lane.The whole accessReference 2 – Rights of Way and Access Plans Sheet 4 = New private means of access to Hulme Barns Farm in the same location as stopped up access Reference b, but realigned to the improved A50.
Reference d – Rights of Way and Access Plans Sheet 4 = Eastern access to Hulme Barns Farm on the north east of the A50, 441 metres south east of its junction with UW2103 Hulse Heath Lane.The whole accessReference 3 – Rights of Way and Access Plans Sheet 4 = New private means of access to Hulme Barns Farm in the same location as stopped up access Reference d, but realigned to the improved A50.
Reference f – Rights of Way and Access Plans Sheet 4 = Access to the compound on the north of C113 Bucklow Hill Lane, 261 metres north east of its junction with the access to Hulme Barns Farm.The whole accessReference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 162 metres.
Reference g – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 4619 on the north of C113 Bucklow Hill Lane, 290 metres north east of its junction with the access to Hulme Barns Farm.The whole accessReference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 184 metres.
Reference h – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 5000 on the south of C113 Bucklow Hill Lane, 290 metres north east of its junction with the access to Hulme Barns Farm.The whole accessReference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 184 metres; and Reference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900 field OS No.5000 and telecommunications site on the east of the proposed new A556.
Reference i – Rights of Way and Access Plans Sheet 4 = Access to field OS No. 4523 on the northeast of the A50, 450 metres south east of its junction with the eastern access to Hulme Barns Farm.The whole accessReference 5 – Rights of Way and Access Plans Sheet 4 = New private means of access to the field OS No. 4523 in the same location as stopped up access Reference i, but realigned to the improved A50.
Reference j – Rights of Way and Access Plans Sheet 4 = Access to field OS No. 5600 on the east of the improved A50, 555 metres south east of its junction with the eastern access to Hulme Barns Farm.The whole accessReference 6 – Rights of Way and Access Plans Sheet 4 = New private means of access to field OS No. 5600 in the same location as stopped up access Reference j, but realigned to the improved A50.
Rights of Way and Access Plans – Sheet 5
In the administrative area of Cheshire East Council ―C114 Chapel LaneFrom a point 441 metres northwest of its junction with A556 Chester Road, north westwards for a distance of 69 metres.Reference A – Rights of Way and Access Plans Sheet 5 = New highway from a point on the improved C114 Chapel Lane 443 metres northwest of its junction with A556 Chester Road, north westwards for a distance of 74 metres to connect to the improved C114 Chapel Lane; to include the improvement of the existing C114 Chapel Lane, from a point 108 metres southeast of its junction with UW2103 Hulse Heath Lane, south eastwards for a distance of 284 metres; and to include the improvement of the existing C114 Chapel Lane, from a point 305 metres north west of its junction with A556 Chester Road, north westwards for a distance of 139 metres.
Reference a – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 6877 on the north of C114 Chapel Lane, 651 metres north west of its junction with A556 Chester Road.The whole accessReference 1 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS no. 6877 on the north of C114 Chapel Lane, 698 metres north west of its junction with A556 Chester Road.
Reference b – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 4619 on the north of C113 Bucklow Hill Lane, 413 metres west of its junction with A556 Chester Road.The whole accessReference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900, field OS No. 5000 and telecommunications site on the east of the proposed new A556; and Reference 7 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 9424, on the north of C113 Bucklow Hill Lane, 52 metres west of access to Maltkiln House.
Reference d – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 6900 on the south of C113 Bucklow Hill Lane, 368 metres west of its junction with A556 Chester Road.The whole accessReference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900, field OS No. 5000 and telecommunications site on the east of the proposed new A556; and Reference 7 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 9424, on the north of C113 Bucklow Hill Lane, 52m west of access to Maltkiln House.
Reference e – Rights of Way and Access Plans Sheet 5 = Access to the property known as Thornedge on the south of C114 Chapel Lane, 371 metres north west of its junction with A556 Chester Road.The whole accessReference 3 – Rights of Way and Access Plans Sheet 5 = New private means of access to the property known as Thornedge on the south of the improved C114 Chapel Lane, in the same location as stopped up access Ref. e, but realigned to the improved C114 Chapel Lane
Reference f – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 9164 on the south of UW2104 Millington Hall Lane, 295 metres west of its junction with A556 Chester Road.The whole accessReference 6 – Rights of Way and Access Plans Sheet 5 = New private means of access between fields OS No. 9164 on the south of UW2104 Millington Hall Lane and field OS No. 1284 on the north of UW2104 Millington Hall Lane, 200 metres north west of the junction between UW2104 Millington Hall Lane and A556 Chester Road, northwards for a distance of 25 metres.
Reference g – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 0005 and field OS No. 1284, on the north of UW2104 Millington Hall Lane, 224 metres north west of its junction with A556 Chester Road.The whole accessReference 5 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 0005 on the north of UW2104 Millington Hall Lane, 357 metres north west of its junction with A556 Chester Road; and Reference 6 – Rights of Way and Access Plans Sheet 5 (see above)
Reference c – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 5451 on the south of C114 Chapel Lane, 494 metres north west of its junction with A556 Chester Road.The whole accessReference 8 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 4263 & OS No. 5451 on south of C114 Chapel Lane, 86m east of junction with UW2103 Hulse Heath Lane; Reference 9 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 4263 & OS No. 5451 on south of C114 Chapel Lane, 185 metres east of junction with UW2103 Hulse Heath Lane; and Reference 10 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 7133, via private means of access (Reference 3) on south of C114 Chapel Lane, 120 metres west of Crescent Road
Rights of Way and Access Plans – Sheet 6
In the administrative area of Cheshire East Council―Part of footpath MILL FP6From a point 13 metres west of its junction with MILL FP7, eastwards to its junction with MILL FP7.Reference A – Rights of Way and Access Plans Sheet 6 = New footpath for MILL FP6 and MILL FP7, from a point 269 metres south of the access to Newhall Cottages, generally northwards for a distance of 571 metres.
Part of footpath MILL FP7From a point 152 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane, generally westwards for a distance of 52 metres to its junction with MILL FP6, then generally in a north westerly direction for a distance of 63 metres.Reference A – Rights of Way and Access Plans Sheet 6 (see above)
C116 Millington LaneFrom a point 40 metres northwest of its junction with the A556 Chester Road, north westwards for a distance of 60 metres.Reference B – Rights of Way and Access Plans Sheet 6 = New highway from a point on the improved C116 Millington Lane, about 88 metres east of the access to Newhall Farm, generally eastwards for a distance of 162 metres, to connect to the improved C116 Millington Lane; to include the improvement of the existing C116 Millington Lane from a point 47 metres east of the access to Newhall Farm, eastwards for a distance of 46 metres; and to include the improvement of the existing C116 Millington Lane from its junction with the A556 Chester Road, westwards for a distance of 26 metres.
A556 Chester RoadEastern half width from a point 205 metres north of its junction with C116 Millington Lane, northwards for a distance of 524 metres, to its junction with UW2089 Cherry Tree Lane.Reference C – Rights of Way and Access Plans Sheet 6 = New highway from a point on the existing A556 Chester Road 205 metres north of its junction with C116 Millington Lane, northwards for a distance of 524 metres to connect to UW2089 Cherry Tree Lane; to include the improvement of the existing UW2089 Cherry Tree Lane at its junction with the A556 Chester Road, eastwards for a distance of 67 metres.
Reference a – Rights of Way and Access Plans Sheet 6 = Access to field OS No. 4848, on the north of C116 Millington Lane, 160 metres west of its junction with A556 Chester Road.The whole accessReference 1 – Rights of Way and Access Plans Sheet 6 = New private means of access to field OS No. 4848, on the north of the improved C116 Millington Lane, 160 metres west of its junction with A556 Chester Road.
Reference c – Rights of Way and Access Plans Sheet 6 = Access to Bucklow Manor Nursing Home, on the south of C116 Millington Lane, 46 metres west of its junction with A556 Chester Road.The whole accessReference 4 – Rights of Way and Access Plans Sheet 6 = New private means of access to Bucklow Manor Nursing Home, west of A556 Chester Road, 113 metres south of its junction with the improved C116 Millington Lane.
Reference d – Rights of Way and Access Plans Sheet 6 = Access to Newhall Cottages on the west of A556 Chester Road 321 metres north of the junction of A556 Chester Road with C116 Millington Lane.The whole accessReference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres.
Reference e – Rights of Way and Access Plans Sheet 6 = Access to field OS No. 6173, on the west of A556 Chester Road, 175 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane.The whole accessReference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres.
Reference f – Rights of Way and Access Plans Sheet 6 = Access to Mereside Farm on the west of A556 Chester Road, 79 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane.The whole accessReference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres.
Reference g – Rights of Way and Access Plans Sheet 6 = Access to Mereside Farm on the west of A556 Chester Road, opposite the junction of A556 Chester Road with UW2089 Cherry Tree Lane.The whole accessReference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres.
Rights of Way and Access Plans – Sheet 7
In the administrative area of Cheshire East Council ―Footpath ROS FP9From its junction with Yardwoodheath Lane, generally north eastwards for a distance of 552 metres to a point 18 metres southwest of Yarwoodheath Farm Access Bridge.Reference C – Rights of Way and Access Plans Sheet 7 = New footpath from a point on the eastern boundary of Bowdon Roundabout Link 60 metres south of its junction with Bowdon Roundabout, generally south eastwards for a distance of 401 metres to join existing footpath ref. ROS FP9.
Footpath ROS FP13From its junction with the A556 Chester Road, generally south eastwards for a distance of 744 metres to its junction with Tom Lane.Reference D – Rights of Way and Access Plans Sheet 7 = New cycle track (which, for the avoidance of doubt, includes a right of way on foot) from the M56 J7/8 South Roundabout, southwards for a distance of 525 metres along the route of the re-aligned Yarwoodheath Lane, to the junction of Yarwoodheath Lane and Tom Lane.
Reference a – Rights of Way and Access Plans Sheet 7 = Access to The Cheshire Lounge Public House on the western boundary of the A556 Chester Road, 46 metres north from the northern boundary of M56.The whole accessReference 1 – Rights of Way and Access Plans Sheet 7 = New private means of access for The Cheshire Lounge Public House and field OS No. 0643, on the south of A56 Lymm Road 172 metres west of its junction with Bowdon Roundabout, eastwards then southwards for a total distance of 707 metres.
Reference b – Rights of Way and Access Plans Sheet 7 = Access to The Cheshire Lounge Public House on the western boundary of the A556 Chester Road, 68 metres north from the northern boundary of M56The whole accessReference 1 – Rights of Way and Access Plans Sheet 7 (see above).
Reference c – Rights of Way and Access Plans Sheet 7 = Access to field OS No. 0643, on the western boundary of the A556 Chester Road, 180 metres north from the northern boundary of M56.The whole accessReference 1 – Rights of Way and Access Plans Sheet 7 (see above).
Reference d – Rights of Way and Access Plans Sheet 7 = Access to Yarwoodheath Lane and Yarwoodheath Farm from its junction with the A556 Chester Road.The whole accessReference 3 – Rights of Way and Access Plans Sheet 7 = New private means of access to Yarwoodheath Lane and Yarwoodheath Farm at the junction of the re-aligned Yarwoodheath Lane with M56 Junction 7/8 South Roundabout.

PART 2STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1)

Area

(2)

Street to be stopped up

(3)

Extent of stopping up

Rights of Way and Access Plans – Sheet 4
In the administrative area of Cheshire East Council―C113 Bucklow Hill LaneFrom a point 179 metres northeast of its junction with the access to Hulme Barns Farm, north eastwards for a distance of 183 metres.
Reference c – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 2527 on the south west of the A50, 354 metres south east of its junction with UW2103 Hulse Heath Lane.The whole access
Reference e – Rights of Way and Access Plans Sheet 4 = Access to field OS No. 3746 on the north east of the A50, 481 metres south east of its junction with UW2103 Hulse Heath Lane.The whole access
Rights of Way and Access Plans – Sheet 5
In the administrative area of Cheshire East Council―C113 Bucklow Hill LaneFrom a point 217 metres west of its junction with the A556 Chester Road, south westwards for a distance of 439 metres.
UW2104 Millington Hall LaneFrom a point 143 metres northwest of its junction with the A556 Chester Road, north westwards for a distance of 141 metres.
Reference h – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 2500, on the west of A556 Chester Road, 132 metres north of its junction with UW2104 Millington Hall Lane.The whole access
Rights of Way and Access Plans – Sheet 6
In the administrative area of Cheshire East Council―Reference b – Rights of Way and Access Plans Sheet 6 = Access to field OS No. 3930 on the south of C116 Millington Lane, 100 metres west of its junction with A556 Chester Road.The whole access
Rights of Way and Access Plans – Sheet 7
In the administrative area of Cheshire East Council―A556 Chester RoadPart of western width of the A556 Chester Road from the northern boundary of M56, northwards for a distance of 223 metres.
M56 to A556 SpurPart of southern width of the M56 to A556 Spur from a point 32 metres east of Bowdon roundabout, south eastwards for a distance of 330 metres.

Article 20

SCHEDULE 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1)

Plot Reference Number shown on Land Plans

(2)

Purpose for which rights over land may be acquired

Land Plans - Sheet 2
2/1bNew right for the construction, inspection and maintenance of a new highway drainage outfall pipe and headwall to Tabley Brook for the benefit of the Secretary of State.
2/1iNew rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited.
2/2hNew right for the construction, inspection and maintenance of an unnamed watercourse diversion for the benefit of the Secretary of State.
2/2iNew rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited.
2/4eNew rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited.
2/4hNew rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited.
2/8bNew right for the construction, inspection and maintenance of an unnamed watercourse diversion for the benefit of the Secretary of State.
2/9cNew right for the construction, inspection and maintenance of the new Tabley Parish Hall retaining wall for the benefit of the Secretary of State.
Land Plans - Sheet 3
3/1cNew right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State.
3/1eNew right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State.
3/1hNew right for the construction, inspection and maintenance of the new Green / Accommodation overbridge and access track for the benefit of the Secretary of State.
3/1iNew right for the construction, inspection and maintenance of the new Green / Accommodation overbridge access track for the benefit of the Secretary of State.
3/1mNew right for the construction, inspection and maintenance of the new Green / Accommodation overbridge and access track for the benefit of the Secretary of State.
3/2bNew right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State.
3/2dNew right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State.
3/2lNew right for the construction, inspection and maintenance of the new Green / Accommodation overbridge access track for the benefit of the Secretary of State.
3/2mNew right for the construction, inspection and maintenance of a new ditch for the diversion of an unnamed watercourse to Tabley Brook for the benefit of the Secretary of State.
Land Plans - Sheet 5
5/1cNew right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited.
5/1iNew right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited.
5/3bNew right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited.
5/3d and 5/3hNew rights for the construction, inspection and maintenance of an earth bund and associated planting, ecological mitigation, landscaping and drainage infrastructure for the benefit of the Secretary of State, and restrictions on the existing landowner as to altering ground levels, building structures and interfering with structures installed as part of the authorised development.
5/4bNew right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited.
Land Plans - Sheet 6
6/1k, 6/1o, 6/1u and 6/1zNew rights for creation of a public right of way and private rights of way and for it to be laid out and maintained for the benefit of Cheshire East Council and the Secretary of State, and restrictions on the existing landowners not to interfere with the public right of way, its laying out, structural integrity, use and maintenance
6/1m and 6/1vNew rights for the creation of a public right of way and private rights of way and for it to be laid out and maintained for the benefit of Cheshire East Council and the Secretary of State, a new right for the construction, inspection and maintenance of a buried pipeline and equipment for the benefit of United Utilities Water plc, and restrictions on the existing landowners not to interfere with the public right of way, its laying out, structural integrity, use and maintenance
6/1nNew right for the construction, inspection and maintenance of a new buried water pipeline and equipment for the benefit of United Utilities Water Plc.
6/1rNew right for the construction, inspection and maintenance of a new buried water pipeline and equipment for the benefit of United Utilities Water Plc.
6/1xNew right for the construction, inspection and maintenance of a new buried water pipeline and equipment for the benefit of United Utilities Water Plc.
6/3bNew right for the construction, inspection, maintenance and protection of a new engineered earthworks slope for the benefit of the Secretary of State.
6/6aNew right for the construction, inspection and maintenance of the new Cherry Tree Lane retaining wall for the benefit of Cheshire East Council.
Land Plans - Sheet 7
7/4m, 7/4p, 7/4q, 7/4r, 7/4s, 7/4t, 7/4u, 7/4v, 7/4w, 7/4x, 7/4y, 7/4z, 7/4aa, and 7/4abNew rights for the creation of a public right of way and for it and associated drainage to be laid out and maintained for the benefit of Cheshire East Council and the Secretary of State, and restrictions on the existing landowners not to interfere with the public right of way, its laying out, structural integrity, use and maintenance.
7/4agNew right for the construction, inspection and maintenance of a new highway drainage outfall pipe, headwall and overflow channel/pipe to the River Bollin for the benefit of the Secretary of State.
7/4akNew right for the construction, inspection and maintenance of a new retaining wall and construction, inspection and maintenance of a new culvert and highway drainage outfall to Birkin Brook for the benefit of the Secretary of State.
7/4alNew right for the construction, inspection and maintenance of a new culvert and highway drainage outfall to Birkin Brook for the benefit of the Secretary of State.
7/4anNew right for the construction, inspection and maintenance of a new retaining wall for the benefit of the Secretary of State.
7/6aNew right for the construction, inspection and maintenance of a new highway drainage outfall pipe, headwall and overflow channel/pipe to the River Bollin for the benefit of the Secretary of State.
7/6dNew right for the construction, inspection and maintenance of a new retaining wall for the benefit of the Secretary of State.

Article 20

SCHEDULE 6MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(3) has effect subject to the modifications set out in sub-paragraphs (2) and (3).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—

(a)for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

(b)for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

(3) For section 58(1)(4) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5, substitute—

(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether—

(a)a right over or a restrictive covenant affecting land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or

(b)a right over or a restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house,

the Upper Tribunal must take into account not only the effect of the acquisition of the right or imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and, in a case where the right or restrictive covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land..

Application of the 1965 Act

3.—(1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—

(a)the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or

(b)the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.

(2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.

4.  For section 7 of the 1965 Act (measure of compensation) substitute—

7.  In assessing the compensation to be paid by the acquiring authority under this Act, regard is to be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act..

5.  For section 8 of the 1965 Act (provisions as to divided land) substitute—

8.(1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—

(a)a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and

(b)before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and—

(i)where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or

(ii)where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs,

the A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014(5) (“the Order”), in relation to that person, ceases to authorise the purchase of the right or imposition of the restrictive covenant and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.

(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal.

(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice..

6.  The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a)section 9(4) (failure by owners to convey);

(b)paragraph 10(3) of Schedule 1 (owners under incapacity);

(c)paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d)paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

7.  Section 11(6) of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12(7) (penalty for unauthorised entry) and 13(8) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8.  Section 20(9) of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

9.  Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

Article 26

SCHEDULE 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)

Location

(2)

Plot Reference Number(s) shown on Land Plans

(3)

Purpose for which temporary possession may be taken

(4)

Relevant part of the authorised development

Land Plans – Sheet 1
In the administrative area of Cheshire East Council―1/1a, 1/1b & 1/2Required to enable the improvement of the M6 southbound carriageway between M6 Junction 19 and Knutsford Services. This includes localised pavement widening within the highway boundary, provision of a new southbound merge layout from M6 junction 19 and other associated highway works.Work No. 3
Land Plans – Sheet 2
In the administrative area of Cheshire East Council―2/1f, 2/2f, 2/4c, 2/4f and 2/4jRequired to provide working space for the new A556 Trunk Road, top soil storage areas and material storage.Work No. 1 and Work No. 5
2/1j, 2/1l and 2/4kRequired to provide working space for the gas main diversion, top soil storage areas and material storage.Work No. 5
2/2d and 2/4aRequired to provide a temporary drainage and attenuation facility.All works
2/2b, 2/2g and 2/8eRequired to enable the construction of new private means of access.Work No. 1
2/2j, 2/6f, 2/7c, 2/8f, 2/8g and 2/8hRequired to enable the construction of new private means of accessWork No. 1 and Work No. 4
2/3b, 2/3c, 2/5b (part), 2/10a and 2/10b (part)Required to enable the improvements to M6 J19, part of the de-trunking of the existing A556 Trunk Road and the stopping up of the existing A556 Trunk Road at its junction with M6 Junction 19 to enable the construction of a new non-motorised user link.Work No. 1
2/3d, 2/5b (part), 2/5c, 2/10b (part) and 2/10dRequired to enable works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility and the construction of bunding between the single carriageway road and non-motorised user facility.Work No. 4
2/4lRequired to enable the construction of new private means of access.Work No. 4(d)
2/4mRequired to provide working space for the new A556 Trunk Road and for works associated with the re-alignment of an existing mains gas pipeline.Work No. 1 and Work No. 5
2/8dRequired as part of the works associated with the de-trunking of the A556 to include material storage.Work No. 4
2/1h, 2/2e, 2/4d and 2/4gRequired to provide working space for the new A556 Trunk Road and for works associated with the re-alignment of an existing mains gas pipeline.Work No. 5
Land Plans – Sheet 3
In the administrative area of Cheshire East Council―3/1a (part), 3/1n and 3/2oRequired to provide working space, top soil storage areas and material storage.Work No. 1
3/1a (part)Required to provide a temporary drainage and attenuation facility.Work No. 1
3/1dRequired as a structure laydown area for the construction of the new Green / Accommodation Overbridge.Work No. 1(q), (r) and (s)
3/2e, 3/2g, 3/2q, 3/2r and 3/2sRequired to enable the construction of a new private means of access.Work No. 1
3/2p and 3/7Required to enable the construction of new private means of access.Work No. 4
3/3c, 3/3d, 3/4, 3/5 and 3/6Required to enable part of the works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility, the construction of bunding between the single carriageway road and non-motorised user facility and the improvement of the Mere Crossroads junction with the A50.Work No. 4
Land Plans – Sheet 4
In the administrative area of Cheshire East Council―4/7e, 4/7f and 4/7gRequired to enable the construction of new private means of access.Work No. 4
4/4lRequired to provide working space, top soil storage areas and material storage.Work No. 1
4/4e, 4/4j, and 4/4mRequired to provide working space, top soil storage areas and material storage.All works
4/4iRequired for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and works vehicles, storage of plant, material and top soil and the treatment of site-generated waste.All works
4/2d, 4/2l, 4/4a, 4/4b, 4/4o, 4/4r and 4/7aRequired to enable the construction of new private means of access.Work No. 1
4/1d and 4/9Required to enable part of the works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility, the construction of bunding between the single carriageway road and non-motorised user facility and alterations to the A50.Work No. 4
Land Plans – Sheet 5
In the administrative area of Cheshire East Council―5/1eRequired to provide working space, top soil storage areas and material storage.Work No. 1 and Work No. 6
5/1jRequired as a structure laydown area for the construction of the new Chapel Lane Overbridge.Work No. 1(x) and (y)
5/1pRequired to enable the construction of new private means of access.Work No. 1 and Work No. 4
5/3j, 5/3m, 5/3n, 5/3o and 5/3pRequired to enable the construction of new private means of access.Work No. 1
5/2e, 5/2f, 5/2h, 5/2i and 5/6aRequired to enable part of the works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility and the construction of bunding between the single carriageway road and non-motorised user facility.Work No. 4
5/1b, 5/1d, 5/1h, 5/3a, 5/3c and 5/4aRequired to provide working space for the new A556 Trunk Road and for works associated with the re-alignment of an existing multi-product pipeline.Work No. 6
Land Plans – Sheet 6
In the administrative area of Cheshire East Council―6/1c and 6/1dRequired to provide working space, top soil storage areas and material storage.Work No. 1 and Work No. 4
6/1a, 6/1aa and 6/3dRequired to enable the construction of new private means of access.Work No. 1
6/3eRequired to enable the construction of a new temporary private means of access.Work No. 1
6/6bRequired to provide working space to construct a new retaining wall.Work No. 1(ii)
6/1fRequired as a structure laydown area for the construction of the new Millington Lane Overbridge.Work No. 1(ff) and Work No. 7
6/2c and 6/4aRequired to enable part of the works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility and the construction of bunding between the single carriageway road and non-motorised user facility.Work No. 4
6/1l, 6/1p, 6/1q, 6/1s, 6/1w and 6/1yRequired to provide working space for the new A556 Trunk Road and for works associated with the re-alignment of an existing mains water pipeline.Work No. 7
6/3gRequired to provide working space to construct a new engineered earthworks slope on the east of new A556 and adjacent to Bucklow ManorWork No. 1(dd)
Land Plans – Sheet 7
In the administrative area of Cheshire East Council―7/1aRequired to provide working space, top soil storage areas and material storage.Work No. 1 and Work No. 7
7/1b, 7/4c, 7/4g, 7/4h, 7/4i, 7/4k, 7/4l, 7/4n and 7/4ahRequired to provide working space, top soil storage areas and material storage.Work No. 1
7/1d, 7/1h and 7/1lRequired to provide working space, top soil storage areas and material storage.All works
7/1eRequired for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and works vehicles, storage of plant, material and top soil and the treatment of site-generated waste.All works
7/4j, 7/4ac, 7/4ad and 7/4aeRequired to enable the construction of new private means of access.Work No. 1
7/4fRequired as a structure laydown area for the construction of the new Bowdon Roundabout Link Overbridge.Work No. 1(mm)
7/2a, 7/2d, 7/2e and 7/3bRequired to enable the improvement of the M56 westbound carriageway and merge from the A556, in the vicinity of the existing Chester Road Bridge. This would include relining of the carriageway and temporary traffic management and temporary alterations to the M56.Work No. 1
7/2kRequired to enable the improvement of the M56 eastbound diverge at Junction 7/8. This would include relining of the carriageway.Work No. 1

Article 33

SCHEDULE 8PROTECTIVE PROVISIONS

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

1.  For the protection of the undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the Secretary of State and the undertaker concerned.

2.  In this Part of this Schedule—

“alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—

(a)

in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(10)), belonging to or maintained by that undertaker;

(b)

in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986(11) for the purposes of gas supply;

(c)

in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; and

(d)

in the case of a sewerage undertaker—

(i)

any drain or works vested in the undertaker under the Water Industry Act 1991(12); and

(ii)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act(13),

and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works; and

(e)

in the case of Mainline Pipelines Limited, company number 00995545, whose registered office is at 11 Old Jewry, London EC2R 8DU, any oil apparatus,

and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;

“oil apparatus” means any pipe-line, apparatus and works as described in section 65(2) of the Pipe-lines Act 1962(14) (meaning of “pipe-line”) and all protective wrappings, sleeves and slabs, together with ancillary cables and markers; and such legal interest, and benefit of property rights and covenants as are vested in Mainline Pipelines Limited in respect of such items;

“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

“undertaker” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986;

(c)

a water undertaker within the meaning of the Water Industry Act 1991;

(d)

a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991; and

(e)

Mainline Pipelines Limited and its successors in title and function,

for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3.  This part of this Schedule does not apply to apparatus in respect of which the relations between the Secretary of State and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.

Apparatus in stopped up streets

4.—(1) Where any street is stopped up under article 11 (permanent stopping up of streets), any undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the Secretary of State must grant to the undertaker legal easements reasonably satisfactory to the undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the Secretary of State or of the undertaker to require the removal of that apparatus under paragraph 7 or the power of the Secretary of State to carry out works under paragraph 9.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 12 (temporary stopping up of streets), an undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5.  The Secretary of State, in the case of the powers conferred by article 16 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6.  Regardless of any provision in this Order or anything shown on the land plans, the Secretary of State must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7.—(1) If, in the exercise of the powers conferred by this Order, the Secretary of State acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of an undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the undertaker in question in accordance with sub-paragraphs (2) to (7).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the Secretary of State requires the removal of any apparatus placed in that land, the Secretary of State must give to the undertaker in question 56 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the Secretary of State must, subject to sub-paragraph (3), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the Secretary of State and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the Secretary of State, or the Secretary of State is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed—

(a)in the case of an undertaker other than Mainline Pipelines Limited the undertaker must, on receipt of a written notice to that effect from the Secretary of State, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed; or

(b)in the case of Mainline Pipelines Limited, the Secretary of State must afford to and, if necessary, acquire for the benefit of Mainline Pipelines Limited the necessary facilities and rights (equivalent to those currently enjoyed by Mainline Pipelines Limited) for the construction, maintenance and use of the alternative apparatus and access to it.

(4) Any alternative apparatus to be constructed in land of the Secretary of State under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and the Secretary of State or in default of agreement settled by arbitration in accordance with article 36 (arbitration).

(5) The undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 36, and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the Secretary of State to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the Secretary of State gives notice in writing to the undertaker in question that the Secretary of State intends to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the Secretary of State, that work, instead of being executed by the undertaker, must be executed by the Secretary of State without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.

(7) Nothing in sub-paragraph (6) authorises the Secretary of State to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within—

(a)300 millimetres of apparatus other than oil apparatus; and

(b)3000 millimetres of oil apparatus.

(8) Sub-paragraphs (6) and (7) apply to Mainline Pipelines Limited and its apparatus only if it fails to comply with its obligations under sub-paragraph (5).

Facilities and rights for alternative apparatus

8.—(1) Where, in accordance with the provisions of this Part of this Schedule, the Secretary of State affords to an undertaker facilities and rights for the construction and maintenance in land of the Secretary of State of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the Secretary of State and the undertaker in question or in default of agreement settled by arbitration in accordance with article 36 (arbitration).

(2) If the facilities and rights to be afforded by the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the Secretary of State to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9.—(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the Secretary of State under paragraph 7(2), the Secretary of State must submit to the undertaker in question a plan of the works to be executed.

(2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by an undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4) If an undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the Secretary of State, reasonably requires the removal of any apparatus and gives written notice to the Secretary of State of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the Secretary of State under paragraph 7(2).

(5) Nothing in this paragraph precludes the Secretary of State from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(6) The Secretary of State is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to the undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

(7) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any oil apparatus, or (wherever situated) impose any load directly upon any oil apparatus or involve embankment works within 15 metres of any oil apparatus, the plan to be submitted to the undertaker under sub-paragraph (1) must be detailed including a material statement and describing—

(a)the exact position of the works;

(b)the level at which these are proposed to be constructed or renewed;

(c)the manner of their construction or renewal;

(d)the position of all oil apparatus; and

(e)by way of detailed drawings, every alteration proposed to be made to such apparatus.

(8) In relation to works which will or may be situated on, over, under or within 30 metres measured in any direction of any electricity apparatus, or involve embankment works within 30 metres of any electricity apparatus, the plan to be submitted to the undertaker under sub-paragraph (1) must be detailed including a material statement and describing—

(a)the exact position of the works;

(b)the level at which these are proposed to be constructed or renewed;

(c)the manner of their construction or renewal;

(d)the position of all electricity apparatus; and

(e)by way of detailed drawings, every alteration proposed to be made to such apparatus.

Expenses and costs

10.—(1) Subject to the following provisions of this paragraph, the Secretary of State must repay to an undertaker all expenses reasonably incurred by that undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2), including any costs reasonably incurred in connection with the acquisition of rights under paragraph 7(3), and in watching and inspecting the execution of works under paragraph 9(2) and in making reasonable requirements under paragraph 9(3).

(2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a)apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b)apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the Secretary of State or, in default of agreement, is not determined by arbitration in accordance with article 36 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a)an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b)where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

11.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of the authorised development or any such works referred to in paragraphs 5, 7(2), or 9(1), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker, or there is any interruption in any service provided or of any access to any apparatus, or in the supply of any goods, by any undertaker, the Secretary of State must—

(a)bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and

(b)make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

by reason or in consequence of any such damage or interruption.

(2) The fact that any act or thing may have been done by an undertaker on behalf of the Secretary of State or in accordance with a plan approved by an undertaker or in accordance with any requirement of an undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the Secretary of State from liability under the provisions of sub-paragraph (1).

(3) Nothing in sub-paragraph (1) imposes any liability on the Secretary of State with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.

(4) An undertaker must give the Secretary of State reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the Secretary of State who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Cooperation

12.  Where in consequence of the proposed construction of any of the authorised development, the Secretary of State or an undertaker requires the removal of apparatus under paragraph 7(2) or an undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the Secretary of State must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the undertaker’s undertaking and each undertaker must use its best endeavours to co-operate with the Secretary of State for that purpose.

13.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the Secretary of State and an undertaker in respect of any apparatus laid or erected in land belonging to the Secretary of State on the date on which this Order is made.

PART 2FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

14.  For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the Secretary of State and the operator.

15.  In this Part of this Schedule—

“the 2003 Act” means the Communications Act 2003(15);

“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A)(16) of that code;

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act(17);

“electronic communications code network” means—

(a)

so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and

(b)

an electronic communications network which the Secretary of State is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and

“operator” means the operator of an electronic communications code network.

16.  The exercise of the powers conferred by article 27 (statutory undertakers) is subject to paragraph 23 of Schedule 2 to the Telecommunication Act 1984(18) (undertaker’s works).

17.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

(a)any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

(b)there is any interruption in the supply of the service provided by an operator,

the Secretary of State must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the Secretary of State with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) The operator must give the Secretary of State reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the Secretary of State who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the Secretary of State and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 36 (arbitration).

18.  This Part of this Schedule does not apply to—

(a)any apparatus in respect of which the relations between the Secretary of State and an operator are regulated by the provisions of Part 3 of the 1991 Act; or

(b)any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.

19.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the Secretary of State and an operator in respect of any apparatus laid or erected in land belonging to the Secretary of State on the date on which this Order is made.

(1)

Section 22 was substituted by article 3 of S.I. 2013/1883.

(2)

S.I. 2010/490, to which there are amendments not relevant to this Order.

(4)

Section 58(1) was amended by section 16(3) of, and Schedule 5 to, the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66), section 4 of, and paragraph 29(1) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and S.I. 2009/1307.

(6)

Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

(7)

Section 12 was amended by section 56(2) of, and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

(8)

Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(9)

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

(10)

1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).

(11)

1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6, and Schedule 8, to, the Utilities Act 2000 (c. 27), sections 149(1) and (5) and 197(9) of, and part 1 of Schedule 23 to, the Energy Act 2004 (c. 20) and S.I. 2011/2704.

(13)

Section 102(4) was amended by section 96(1)(c) of the Water Act 2003. Section 104 was amended by sections 96(4) and 101(2) of, and part 3 of Schedule 9 to, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2010 (c. 29).

(14)

1962 c. 58. Section 65(2) was amended by paragraphs 1 and 6 of Schedule 2 to the Energy Act 2011 (c. 16), S.I. 2000/1937 and S.I. 2011/2305.

(16)

Paragraph 1(3A) was inserted by section 106(2) of, and paragraphs 1 and 4 of Schedule 3 to, the Communications Act 2003.

(17)

See section 106.

(18)

1984 c. 12. Paragraph 23 was amended by section 190 of, and paragraph 68 of Schedule 25 and part 1 of Schedule 27 to, the Water Act 1989 (c. 15), section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29) and section 106(2) of, and paragraphs 1, 5(d) and 8 of Schedule 3 to, the Communications Act 2003.

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