The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014

Interpretation

2.—(1) In this Order—

“the 1961 Act” means the Land Compensation Act 1961(1);

“the 1965 Act” means the Compulsory Purchase Act 1965(2);

“the 1980 Act” means the Highways Act 1980(3);

“the 1984 Act” means the Road Traffic Regulation Act 1984(4);

“the 1990 Act” means the Town and Country Planning Act 1990(5);

“the 1991 Act” means the New Roads and Street Works Act 1991(6);

“the 2008 Act” means the Planning Act 2008(7);

“the access plans” means the plans certified as the Access and Rights of Way Plans by the Secretary of State for the purposes of this Order;

“address” includes any number or address used for the purposes of electronic transmission;

“authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act;

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act;

“cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act(8);

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form;

“the environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;

“the exchange land plans” means the plans certified as the exchange land plans by the Secretary of State for the purposes of this Order;

“footpath” and “footway” have the same meaning as in the 1980 Act;

“highway” and “highway authority” have the same meaning as in the 1980 Act;

“the land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order;

“limits of deviation” means the limits of deviation referred to in article 5 (limits of deviation) and shown as such on the works plans;

“maintain” in relation to the authorised development includes to inspect or repair and any derivative of “maintain” is to be construed accordingly;

“Order land” means the land shown on the land plans within the limits of deviation, which is land to be acquired or used and is described in the book of reference;

“the Order limits” means the limits of deviation within which the authorised development may be carried out;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(9);

“the relevant planning authority” means the Central Bedfordshire Council in relation to land in its area and Luton Borough Council in relation to land in its area, and “the relevant planning authorities” means both of them;

“the replacement land” means the land coloured green on the exchange land plans comprising plots numbered 02/13 (part), 02/14 (part), 02/15 (part), 02/16 (part), 02/17 (part), 02/19 (part), 02/20 (part), 02/28 (part), 02/29, 02/47 and 03/01 (part) in the book of reference and on the land plans;

“the sections” means the cross section drawings and the longitudinal section drawings certified as the sections by the Secretary of State for the purposes of this Order;

“the special category land” means the land coloured blue on the exchange land plans and comprising plots numbered 01/05, 01/06, 01/08, 01/10, 01/12, 01/15, 01/18, 01/20, 01/22, 01/23, 02/01, 02/04, 02/08, 02/09 and 02/42 in the book of reference and on the land plan and forming part of the open space which may be acquired compulsorily under this Order and for which replacement land is to be provided;

“statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

“the tribunal” means the Lands Chamber of the Upper Tribunal;

“the undertaker” means the person who has the benefit of this Order in accordance with section 156 (benefit of order granting development consent) of the 2008 Act and article 6 (benefit of Order);

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

“the works plans” means the plans certified as the works plans by the Secretary of State for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the air-space above its surface.

(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the access plans.

(6) References in this Order to numbered works are references to the works as numbered in Schedule 1.

(1)

1961 c. 33.

(2)

1965 c. 56.

(3)

1980 c. 66.

(4)

1984 c. 27.

(5)

1990 c. 8.

(6)

1991. c. 22.

(7)

2008 c. 29.

(8)

The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

(9)

1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.