The Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015

SCHEDULES

Article 2

SCHEDULE 1 AUTHORISED DEVELOPMENT

In the County of Northumberland

A nationally significant infrastructure project as defined in sections 14 and 22(1) of the 2008 Act, and associated development within the meaning of section 115(2) of the 2008 Act, comprising:

• Work No. 1 – construction of a highway 3.8 kilometres in length being a single carriageway road from the A197 Whorral Bank roundabout, westward to the A1 trunk road south of Fairmoor, to include—

  (i)

  modification of the existing Whorral Bank roundabout to connect in the new road;

  (ii)

  the construction of a drain and drainage basin to accommodate intermittent flow from the small tributary of the River Wansbeck at Pegswood Moor;

  (iii)

  the construction of a bridge over the How Burn tributary of the River Wansbeck;

  (iv)

  the construction of a new roundabout west of How Burn to provide future access to the St. George’s Hospital development site;

  (v)

  the construction of a drainage pond and associated works adjacent to the westbound carriageway in the vicinity of the roundabout west of How Burn;

  (vi)

  the construction of a bridge where the proposed road crosses the existing Fulbeck Lane (U6010);

  (vii)

  the construction of a bridge over the Cotting Burn tributary of the River Wansbeck;

  (viii)

  the construction of a new roundabout at Northgate to connect to the existing highway network (A192) at Lane End;

  (ix)

  the construction of a drain and drainage basin to the south of the new roundabout at Northgate adjacent to the A192;

  (x)

  the construction of an all movements grade separated junction at the A1 trunk road west of Lancaster Park including two roundabouts one each side of the A1 trunk road in dumbbell configuration connected beneath the A1 trunk road by the St. Leonard’s underpass and together with linking slip roads to access and egress the A1 trunk road;

  (xi)

  the construction of a single carriageway link from the proposed grade separated junction at the A1 westward to St. Leonard’s Lane;

  (xii)

  the construction of a 2.5 metre wide shared use footway and cycle track with additional 2 metre grass verge separated from the carriageway on the south side of the new road;

  (xiii)

  the construction of an open ditch drain and drainage basin connecting to Benridge Burn;

  (xiv)

  the creation of earthworks and the establishment of planting to mitigate adverse impacts along the route of the road;

  (xv)

  creation of private means of access to premises and farm land at various locations in the vicinity of the route;

  (xvi)

  the creation of two dedicated bus laybys one on either side of the carriageway west of the new roundabout at Northgate;

  (xvii)

  the creation of two additional laybys for use by all vehicles one on either side of the carriageway east of St. George’s roundabout (eastbound) and west of Whorral Bank roundabout (westbound); and

  (xviii)

  the construction of a drain and drainage basin adjacent to Cotting Burn.

• Work No. 2 – demolition of buildings and property known as Rose Cottage, Fulbeck Lane.

• Work No. 3 – offline diversion and lowering of a 36-inch steel water main (NWL Southern Trunk Main) through East Lane End Farm land.

• Work No. 4 – construction work for diversion of public footpaths from Lancaster Park to St. Leonard’s Lane and north of Morpeth to Hebron.

• Work No. 5 – removal of existing carriageway surfacing and replacement with topsoil and grass on existing A1 slip roads to and from the A192.

  And in connection with such works further development within the Order limits consisting of—

  (a)

  ramps, means of access, footpaths and bridleways;

  (b)

  embankments, abutments, foundations, retaining walls, drainage, highway lighting, fencing, cuttings, viaducts, aprons and culverts;

  (c)

  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 of land affected by the authorised development;

  (g)

  works required for the strengthening, improvement, maintenance or reconstruction of any streets and for the provision of all necessary permanent traffic signs; 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 authorised development.

Article 2

SCHEDULE 2 REQUIREMENTS

Interpretation

1.  In this Schedule—

“approved development plans” means the following plans as certified by the Secretary of State for the purposes of this Order—

HE092631/0/A197/01/07 Rev.P – Scheme Proposals;

HE092631/0/A197/01/51 Rev.A – Northgate Roundabout Potential Traffic Management Phasing;

HE092631/0/A197/01/56 Rev.D – Site Set-up and Bulk Earthworks Strategy;

HE092631/0/A197/01/57 – St. Leonard’s Grade Separated Junction: Construction Traffic Management Phases;

HE092631/0/A197/01/66 Rev.D – Proposals for Public Rights of Way and Other Paths, sheet 1 of 2;

HE092631/0/A197/01/67 Rev.D – Proposals for Public Rights of Way and Other Paths, sheet 2 of 2;

HE092631/0/A197/01/80 Rev.D – Scheme Proposals: Drainage Networks and Key Plan;

HE092631/0/A197/01/84 Rev.F – Environmental Strategy;

HE092631/0/A197/01/85 Rev.B – Typical Cross Sections;

HE092631/0/A197/01/93 Rev.C – Construction Outlines;

HE092631/0/A197/01/130 – Traffic Management during Construction;

HE092631/0/A197/20/01 Rev.C – Existing Public Utilities Apparatus;

HE082631/2/A197/B2/02 Rev.C – St. Leonard’s Underpass Plan Layout and Details;

HE092631/2/A197/B3/07 Rev.C – Cotting Burn Bridge General Arrangement;

HE092631/2/A197/B4/07 Rev.B – Fulbeck Lane Bridge Plan, Section, Detail and Elevation;

HE092631/2/A197/B5/16 Rev.C – How Burn Wood Bridge General Arrangement;

HE092631/2/A197/B8/01 Rev.A – West Lane End Farm General Arrangement; and

HE092631/SL/0027/ENV Rev.A – Preliminary Lighting Proposals;

“CEMP” means a Construction Environmental Management Plan, substantially in the form of Revision 3 (dated February 2014) of the draft Construction Environmental Management Plan, certified by the Secretary of State for the purposes of this Order; and

“the link road” means the new highway forming part of the authorised development described in Work No. 1.

Approvals of submitted schemes

2.—(1) Where, under any of the requirements in this Schedule, the approval or agreement of the relevant planning authority is required—

(a) the matter which requires approval or agreement must be submitted in writing for such approval or agreement; and

(b) the approval or agreement must be given in writing.

(2) Where any requirement provides that the authorised development is to be carried out in accordance with details, or a scheme, plan or other document approved or agreed by the relevant planning authority, the approved or agreed details, scheme, plan or other document is taken to include any amendments or revisions subsequently approved or agreed by the relevant planning authority.

(3) Where any requirement specifies “unless otherwise approved by the relevant planning authority” such approval must not be given except in relation to minor or immaterial changes where the subject-matter of the approval sought (either by itself or in combination with other changes or proposed changes) is unlikely to give rise to any materially new or materially different environmental effects from those assessed in the environmental statement and such an approval must not be given in respect of any land outside the Order limits.

(4) The relevant planning authority must take into account the relevant mitigation and other measures described in the environmental statement before giving any approval or agreement under any of the requirements in this Schedule and such an approval or agreement must incorporate the mitigation measures and must not be given in respect of any land outside the Order limits.

(5) The relevant planning authority must take into account the relevant mitigation and other measures described in the CEMP before giving any approval or agreement under any of the requirements in this Schedule and such an approval or agreement must not be given in respect of any land outside the Order limits.

The Construction Environmental Management Plan

3.—(1) The authorised development must not commence until the CEMP has been submitted to and approved by the relevant planning authority.

(2) In accordance with the requirements of the environmental statement, the CEMP must include—

(a) a framework to identify and manage the environmental issues from the authorised development;

(b) measures to ensure nuisance levels as a result of the authorised development are kept to a minimum;

(c) measures to comply with regulatory requirements and environmental commitments;

(d) a programme for compliance auditing and inspection; and

(e) measures to ensure that the project is carried out in line with Northumberland County Council’s environmental principles and policies.

(3) The CEMP must cover the following topics—

(a) public relations and complaints;

(b) air quality;

(c) archaeology and cultural heritage;

(d) ecology and nature conservation;

(e) landscape and visual effects;

(f) land use including a soil management plan;

(g) noise and vibration;

(h) pedestrians, cyclists, equestrians and the local community;

(i) the water environment;

(j) geology and soils;

(k) vehicular traffic; and

(l) waste, including a site waste management plan.

(4) The CEMP must describe measures and processes to meet the requirements of the mitigation described in the environmental statement to be implemented during construction of the authorised development.

(5) In the event of changes in environmental legislation, best practice or lessons learned that are relevant to the authorised development during its construction, a revised CEMP reflecting those changes must be submitted to the relevant planning authority for approval.

(6) Subject to sub-paragraph (7) construction is to take place only in accordance with the CEMP as approved from time to time.

(7) The requirements of this Schedule prevail in the event of any conflict with any provision of the CEMP.

Detailed design

4.  The authorised development must not be carried out otherwise than in accordance with the approved development plans.

External Materials

5.  No development is to take place until samples of the materials to be used in the construction of the external surfaces of the approved development have been approved in writing by the relevant planning authority. Development must be carried out only in accordance with the approved details.

St. Leonard’s junction

6.—(1) The authorised development must not commence until details of the design of the proposed St. Leonard’s all movements grade separated junction together with linking slip roads to access and egress the A1 trunk road referred to as Work No. 1(x) of Schedule 1 (authorised development) have been submitted to and approved in writing by the Secretary of State for Transport.

(2) The highway works approved in accordance with sub paragraph (1) must be completed in accordance with the approved details and the CEMP.

Landscaping and biosecurity

7.—(1) The authorised development must not commence until a detailed scheme for the landscaping of the land within the Order limits, taking into account the environmental statement and the CEMP, has been submitted to and approved by the relevant planning authority.

(2) The detailed landscape scheme must apply the Environmental Strategy (approved development plan HE092631/0/A197/01/84 Rev.F) and the planting proposals presented in Appendix 8.1 of the environmental statement. The landscaping scheme must include details of the following—

(a) the final soil profiles and contours of the land within the Order limits;

(b) provision for the reinstatement of watercourses and surface drainage;

(c) the final field pattern to be achieved, including details of hedges, walls, fences, gates and access tracks;

(d) a tree, shrub, hedge and marginal planting specification giving details of the phasing, area, distribution, type and density of planting throughout the land within the Order limits, the timing of planting, and requirements as to the future maintenance of the planted trees, shrubs, hedges and marginal planting;

(e) a specification giving details of seed mixes for grassland areas and their future maintenance;

(f) details of timescales for completion of the landscaping works described by sub-paragraphs (a) to (e); and

(g) a specification to minimise erosion and weed infestation of all mounds in which soils are to be stored for more than 6 months, or over the winter period.

(3) The requirements of the approved landscape scheme must be complied with in carrying out the authorised development.

(4) No excavation works, soil stripping or any movement of soils forming part of or associated with the authorised development are to be begun until details of a scheme to prevent the spread of any soil borne plant or animal diseases has been submitted to and approved in writing by the relevant planning authority in consultation with the Department for Environment Food and Rural Affairs.

(5) Afterwards, excavation works, soil stripping and any movement of soil forming part of or associated with the authorised development must be undertaken only in accordance with the scheme approved under sub-paragraph (4).

(6) The following provisions must be applied throughout the construction of the authorised development—

(a) no topsoil or subsoil is to be transported from the land within the Order limits unless otherwise approved by the relevant planning authority;

(b) all topsoils, subsoils and other soil-making materials must be stored, according to their quality, in separate mounds which do not overlap and a minimum stand-off distance of 3.0 metres must be left undisturbed between topsoil mounds and perimeter ditches or fencing;

(c) once formed, all mounds in which soils are to be stored for more than 6 months, or over the winter period, must be grass seeded in accordance with the specification to minimise erosion and weed infestation approved by the relevant planning authority in accordance with sub-paragraph (2)(g); and

(d) within 3 months of the formation of topsoil, subsoil and soil making material mounds, a plan indicating the areas stripped of such materials, location of each mound and balancing the quantities of material stored with the proposed depth and texture of the soil profile to be replaced following restoration works must be submitted for approval to the relevant planning authority and the restoration works must be carried out in accordance with the approved plan.

Trees and hedgerows

8.—(1) The authorised development must not commence until a tree survey has been carried out and a tree survey report has been submitted to and approved by the relevant planning authority.

(2) The tree survey must be carried out to British Standard 5837:2012 – “Trees in relation to design, demolition and construction – Recommendations”.

(3) The tree survey must include all trees greater than 75 millimetres in diameter at 1.5 metres above ground level, within 50 metres of the highway boundary of the scheme, as shown on the street plans.

(4) The tree survey report must describe the trees that have been surveyed and provide recommendations and plans for tree protection measures consistent with British Standard 5837:2012.

(5) The authorised development must be carried out in accordance with the recommendations and plans in the approved tree survey report.

(6) No hedge, hedgerow or tree is to be removed between 1 March and 31 August (31 October in barn owl sensitive areas) inclusive in any year unless otherwise approved by the relevant planning authority in consultation with a qualified ecologist.

Public rights of way

9.  A stile, of a design approved by the relevant planning authority, must be provided at the south-eastern end of the diverted Public Footpath No. 13.

Fencing and other means of enclosure

10.—(1) The authorised development must not commence until details of all proposed permanent and temporary fences, walls or other means of enclosure have been submitted to and approved by the relevant planning authority.

(2) The construction sites within the authorised development must remain securely fenced at all times during construction of the authorised development.

(3) Any temporary fencing must be removed on completion of the authorised development.

(4) Any approved permanent fencing forming part of the authorised development must be completed before the link road is opened to public traffic.

Drainage and water pollution post-construction

11.—(1) The authorised development must not be commenced until a surface water drainage scheme detailing how flood risk will be managed, how highway runoff will be treated before being discharged to a watercourse and the spillage protection measures to be provided has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.

(2) The measures stipulated in the approved surface water drainage scheme must be completed before the link road is opened to public traffic, and subsequently retained.

(3) The surface water drainage scheme must include—

(a) compliance with the Flood Risk Assessment and the following—

(i) a 1 in 2 year return period storm, with storage and attenuation to accommodate a 1 in 100 year return period storm without flooding outside the system or the designated storage areas;

(ii) discharges to watercourses to be greenfield runoff rates not greater than 4 litres per second per hectare; where they coincide with existing flows then the discharge rate must be the sum of the greenfield runoff and the existing flow; and

(iii) climate change allowance of +30% for the scheme lifetime;

(b) details of the drainage measures to be provided to manage flood risk;

(c) details of measures to treat highway runoff from the authorised development to avoid pollution of receiving watercourse;

(d) details of measures to protect receiving watercourses from spillages of pollutants on the link road;

(e) measures to prevent the infiltration of highway runoff into the ground;

(f) details of measures to manage overland flow intercepted by the authorised development; and

(g) details of how the measures in the surface water drainage scheme are to be maintained and managed after completion of the authorised development.

(4) For the purposes of this requirement, the expression “highway runoff” means water runoff from the surface of the completed link road, A1 trunk road within the Order limits, and their embankments.

Surface water drainage during construction

12.—(1) The authorised development must not be commenced until a construction surface water drainage scheme for the authorised development has been submitted to and approved in writing by the relevant planning authority in consultation with the Environment Agency.

(2) In accordance with chapter 13 of the environmental statement, the approved construction surface water drainage scheme must include—

(a) a construction site drainage plan; and

(b) a construction sediment management plan.

(3) The construction site drainage plan mentioned in paragraph (2) must stipulate measures to ensure that flood risk is managed on the land within the Order limits and to prevent the unacceptable increase of the flood risk elsewhere. The plan must include—

(a) measures to ensure that all discharge rates to neighbouring watercourses will be restricted to existing greenfield runoff rates unless otherwise agreed by the relevant planning authority in consultation with the lead local flood authority;

(b) details of the drainage measures to be provided during the construction period to manage flood risk; and

(c) details of the timescales for carrying out the measures in the scheme.

(4) The construction sediment management plan mentioned in paragraph (2) must stipulate measures for the management of sediments suspended in or otherwise transported by runoff originating from construction of the authorised development. The plan must include details of pollution prevention measures that will be taken to protect ground and surface water quality.

(5) The works required by the approved construction surface water drainage scheme must be completed in accordance with the timescales specified in the scheme and (where required by the scheme) implemented throughout construction of the authorised development.

Watercourse crossings

13.—(1) The authorised development must not be commenced until details of the proposed structures for the crossing of How Burn and Cotting Burn, taking into account the requirements of the environmental statement and the CEMP, have been submitted to and approved in writing by the relevant planning authority in consultation with the Environment Agency.

(2) The watercourse crossings of the How Burn and the Cotting Burn are to be constructed as approved.

Contamination

14.—(1) If, during the construction of the authorised development, contaminated land not previously identified in the environmental statement is found within the Order limits then no further works or actions relating to the authorised development are to be engaged or carried out (unless otherwise approved by the relevant planning authority) until an investigation and remediation scheme has been submitted to and approved by the relevant planning authority; and the scheme must include details of—

(a) how the contaminated land is to be identified and assessed;

(b) where remediation is required by the scheme, the remediation measures;

(c) timescales for carrying out the remediation measures; and

(d) any ongoing monitoring or mitigation requirements.

(2) Where remediation measures are required by the investigation and remediation scheme then the remediation measures must be carried out no later than the times stipulated in the investigation and remediation scheme and in accordance with the investigation and remediation scheme.

(3) In this requirement, expressions used both in this requirement and section 78A (preliminary) of the Environmental Protection Act 1990(2) have the same meaning as in that section.

15.  Oil, petrol, diesel oil, lubricant or paint is only to be stored on the land within the Order limits within impervious bunds or enclosures and each bund or enclosure must have a volume of not less than 110% of the volume of the material stored.

Archaeology

16.—(1) The authorised development must not commence until a programme of mitigation of the scheme’s effects on archaeology and heritage assets, in accordance with mitigation items 34 to 38 of the CEMP, including assessment of the evaluation excavations that have taken place, has been submitted to and approved by the relevant planning authority.

(2) The approved programme of mitigation must comprise 3 stages of work. Each stage must be completed and approved by the relevant planning authority before it can be discharged. In particular—

(a) no authorised development or mitigation is to commence until a written scheme of investigation, compliant with the CEMP, has been submitted to and approved by the relevant planning authority;

(b) archaeological recording required by the CEMP must be completed in accordance with the approved written scheme of investigation no later than completion of the topsoil and subsoil strip; and recording of the earthworks must be completed before the start of construction; and

(c) all analysis reporting publication and archiving must be completed in accordance with the approved written scheme of investigation no later than 6 months following completion of fieldwork.

(3) Photographic records of the settings of the 3 heritage assets, identified in table 6.7 “Residual Operational Effects” in chapter 6 of the environmental statement, must be made in accordance with the written scheme of investigation and a summary report issued to the relevant planning authority before any works affecting the settings of those heritage assets is commenced.

(4) The authorised development must not commence until a fencing scheme to ensure that all areas of archaeological earthworks (including ridge and furrow earthworks) are protected from accidental damage throughout the construction of the authorised development has been submitted to and approved by the relevant planning authority.

(5) The fencing required by the approved fencing scheme must be erected before the construction of the link road is commenced and kept in good repair throughout the construction of the authorised development.

Construction traffic

17.—(1) The authorised development must not commence until a detailed traffic management plan has been submitted to and approved by the relevant planning authority in consultation with the highway authority for the highway in question.

(2) The approved traffic management plan must include details of the preferred routing for all delivery and construction traffic as shown on approved development plans HE092631/0/A197/01/51 Rev.A, HE092631/0/A197/1/56 Rev.D, HE092631/0/A197/01/57 and HE092631/0/A197/01/130, a schedule and timing of vehicular movements, details of escorts for abnormal loads, the form of the notices mentioned at sub-paragraph (3) and details of any temporary directional and warning signage to be installed.

(3) The approved traffic management plan must provide that notices in a form approved by the relevant planning authority are to be installed and maintained throughout the construction of the authorised development at every entrance and exit to or from the land within the Order limits indicating to drivers the route specified in the traffic management plan for traffic entering and leaving the land within the Order limits.

(4) The approved traffic management plan must be complied with throughout the construction of the authorised development.

Turning facilities

18.—(1) The authorised development must not commence until a scheme which provides details of turning facilities for all vehicles accessing the land within the Order limits during the construction of the authorised development, including abnormal loads but excluding traffic following routes which are signed for public use, has been submitted to and approved by the relevant planning authority in consultation with the highway authority and such turning facilities must enable all vehicles to enter and leave the highway in a forward direction.

(2) The turning facilities scheme must include a swept path analysis of the proposed turning facilities.

(3) The turning facilities must be provided in accordance with the approved scheme before the construction of the link road is commenced and must be maintained, kept clear of obstruction and available to all vehicles at all times throughout the construction of the authorised development.

Control of noise during construction of the authorised development

19.—(1) The authorised development must not commence until a scheme for noise management during the construction of the authorised development has been submitted to and approved by the relevant planning authority.

(2) Taking into account the requirements of chapter 10 of the environmental statement and the CEMP (mitigation items 100 to 116), the scheme for noise management during the construction of the authorised development must set out the particulars of—

(a) the construction of the authorised development and the methods by which it is to be carried out;

(b) the noise attenuation measures to be taken to minimise noise resulting from the construction of the authorised development, including any noise limits; and

(c) the measures for monitoring the noise emitted by the carrying out of the authorised development to ensure compliance with the noise limits and the effectiveness of the attenuation measures.

(3) The authorised development must be undertaken in accordance with the approved noise management scheme.

Construction hours

20.—(1) Works or activities forming any part of the authorised development must not take place on Sundays or public holidays or other than between 0800 and 1800 hours on weekdays or other than between 0800 and 1300 hours on Saturdays, unless otherwise approved by the relevant planning authority.

(2) Nothing in paragraph (1) precludes a start-up period from 0700 to 0800 hours and a shut-down period from 1800 to 1900 hours on weekdays, excluding public holidays. During the start-up period and the shut-down period, no activity must take place on the site that is audible at the site boundary.

(3) Exceptionally, short-term works outside the normal permitted hours and days may be agreed with the relevant planning authority or permitted under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974(3) and the conditions attached to any consent must be complied with.

Control of dust emissions

21.—(1) The authorised development must not commence until a scheme for the management and mitigation of dust emissions caused by the carrying out of the authorised development has been submitted to and approved by the relevant planning authority; and the approved scheme for the management and mitigation of dust must be in accordance with the requirements of the environmental statement and the CEMP.

(2) The approved scheme for the management and mitigation of dust emissions must be implemented throughout the construction of the authorised development.

Control of artificial light emissions

22.—(1) The authorised development must not commence until a written scheme for the management and mitigation of artificial light emissions during the construction and operation of the authorised development, taking into account the requirements of the environmental statement and the CEMP in order to protect sensitive receptors, has been submitted to and approved by the relevant planning authority.

(2) The authorised development must be undertaken in accordance with the approved scheme for the management and mitigation of artificial light emissions.

Control of deposits on highways

23.—(1) The authorised development must not commence until a scheme to minimise the deposit of mud, stone, gravel or other debris or materials by any vehicles entering a public road from elsewhere on land within the Order limits has been submitted to and approved by the relevant planning authority in consultation with the highway authority and the Highways Agency.

(2) The approved scheme must include details of the provision, locations, maintenance and use of wheel wash and vehicle body washing equipment within the land within the Order limits throughout the construction of the authorised works.

(3) All vehicles entering a public road from elsewhere on the land within the Order limits must be cleaned or otherwise treated in accordance with the approved scheme.

Protected species and nature conservation during construction

24.—(1) The authorised development must not commence until a Construction Ecological Management Plan (describing the protective measures to be implemented for wildlife species and habitats protected by law and taking into account the requirements of the CEMP and the environmental statement) has been submitted to and approved by the relevant planning authority.

(2) The Construction Ecological Management Plan must include—

(a) a summary of the scheme location, description and timing of construction works, and potential impacts as described in the environmental statement;

(b) a map and record of checking surveys for protected species within the land within the Order limits;

(c) method statements for pre-construction surveys (to include: bats, red squirrel, reptiles, barn owl, water vole, otter, and badgers);

(d) details of ecological mitigation, including timing and working techniques, to minimise the risk of adversely affecting any protected species or habitats identified within the land within the Order limits and confirmed as requiring protection through legislation or following best practice guidance prevailing at the time of construction;

(e) a description of proposals for ecological and species monitoring; and

(f) details of the mitigation measures to be implemented for wildlife species and habitats protected by law (barn owl, bats, otters, breeding birds, badgers, and any other protected species or habitat identified during pre-construction surveys and not identified previously as requiring mitigation) which have been submitted to and approved by the relevant planning authority.

(3) The map and record of checking surveys for protected species mentioned in sub-paragraph (1)(b) must derive from information which is not more than 2 years old at the time when the Construction Ecological Management Plan is submitted to the relevant planning authority.

(4) The authorised development is to take place only in accordance with the approved Construction Ecological Management Plan.

Protected species and nature conservation post construction

25.—(1) The authorised development must not commence until an Operational Ecological Management Plan (“OEMP”) has been submitted to and approved by the relevant planning authority. The OEMP must include a description of all the mitigation and enhancement measures to be provided for wildlife species and habitats protected by law as described by the environmental statement. The approved details must include:

(a) the provision of appropriate alternative bat roosts and mitigation as described by the environmental statement and enforced by licences issued by Natural England;

(b) details of a mammal tunnel constructed beneath the new bypass near Pegswood Moor, as described by the environmental statement;

(c) details of appropriately designed mammal ledges through new crossing structures of How Burn and Cotting Burn;

(d) details of an artificial otter holt at a suitable location close to How Burn;

(e) the provision of suitable barn owl boxes;

(f) details of fencing to be erected around the new development to prevent deer, badger and otters crossing the carriageway;

(g) details of proposed habitat enhancement; and

(h) a programme for monitoring and management of mitigation and enhancement measures for a period of 3 years after the first date of opening of the authorised development.

(2) The OEMP must be based on a record of checking surveys for protected species (including bats, red squirrel, reptiles, barn owl, water vole, otter, and badgers) which is not more than 2 years old at the time when the details of the mitigation and enhancement measures are submitted to the relevant planning authority.

(3) Measures identified in the approved OEMP must be implemented as described in the approved OEMP.

Land maintenance

26.  From the commencement of the authorised development until its completion, the following are to be carried out throughout the land within the Order limits—

(a) the maintenance of fences in a stock-proof condition between any areas used for the authorised development and any adjoining agricultural land;

(b) the retention of fencing around trees and hedgerows; and

(c) all areas including stacks of soil and overburden to be kept free of weeds.

Site compounds

27.—(1) The authorised development must not commence until details of each site compound, including areas for the storage of materials and machinery, operative parking within the land within the Order limits and proposals and timetables for the restoration of the site compounds upon completion of construction have been submitted to and approved by the relevant planning authority.

(2) Each site compound, storage area and operative parking area must (unless otherwise approved by the relevant planning authority) be provided in accordance with the details approved under paragraph (1) before construction of the link road is commenced and subsequently maintained, reserved and used for their specific purposes for the full duration of the construction of the authorised development. No other part of the land within the Order limits is to be used for any of those purposes.

(3) Site compounds, storage areas and parking areas must be restored in accordance with the approved proposals and timetables unless otherwise approved by the relevant planning authority.

Demolition of Rose Cottage

28.—(1) The demolition of Rose Cottage, Fulbeck Lane, Morpeth NE61 3JX must not be commenced until a demolition method statement has been submitted to and approved by the relevant planning authority.

(2) The demolition of Rose Cottage must not be carried out otherwise than in accordance with the approved demolition method statement and the CEMP.

Road safety audit and monitoring

29.—(1) Road safety audits and monitoring must be undertaken in accordance with Volume 5 Section 2 Part 2 (November 2003) of the Design Manual for Roads and Bridges.

(2) All parts of the authorised development that are to be local highways must be subject to a Stage 3 road safety audit no later than 1 month after the link road is opened to road users.

(3) All parts of the authorised development that are to be local highways, and St. Leonard’s Lane and Spital Hill, must be subject to Stage 4 Monitoring. Monitoring reports must be submitted to the relevant planning authority and any recommendations in the reports that are approved by the relevant planning authority must be implemented in the approved timescale.

Article 9

SCHEDULE 3 STREETS SUBJECT TO STREET WORKS

(1) Area	(2) Streets subject to street works	(3) Extent	(4) Description of work
County of Northumberland	A192	From a point 35 metres south east of the access to Butley Ben/At Last, south east for a distance of 395 metres shown on plan number HE092631/0/A197/02/04A of the street plans.	To accommodate Northgate roundabout.
	U6010	From a point 35 metres north of the south access to Fulbeck Grange, northwards for a distance of 250 metres shown on plan number HE092631/0/A197/02/05A of the street plans.	To accommodate Fulbeck Lane bridge.
	C148	From a point 345 metres south of the junction with the C144, southward for a distance of 110 metres shown on plan number HE092631/0/A197/02/02B of the street plans.	To accommodate connection from St. Leonard’s underpass.
	A197	From Whorral Bank roundabout to a point 20 metres south of the roundabout shown on plan number HE092631/0/A197/02/07A of the street plans.	To accommodate connection to Whorral Bank roundabout.

Article 10

SCHEDULE 4 STREETS AND PRIVATE ACCESSES TO BE STOPPED UP

PART 1 STREETS 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
County of Northumberland	A1 Trunk road Northbound merge slip road	From junction with U6098 northwards for a distance of 161 metres marked H on plan number HE092631/0/A197/02/04A of the street plans.	New St. Leonard’s northbound merge slip road.
	A1 Trunk road Southbound diverge slip road	From junction with A192/private access leading to Northgate hospital northward for a distance of 204 metres marked I on plan number HE092631/0/A197/02/04A of the street plans.	New St. Leonard’s southbound diverge slip road together with new footway on the line of the former slip road marked C on plan number HE092631/0/A197/02/04A of the street plans.
	U6010	From immediately south of the southern private access to Kater Dene southwards for a distance of 94 metres.	From immediately south of the northern private access to Kater Dene for a distance of 112 metres crossing the new road via the new Fulbeck Lane Bridge marked E on plan number HE092631/0/A197/02/05A of the street plans.

PART 2 PRIVATE ACCESSES FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private access to be stopped up	(3) Extent of stopping up	(4) New private access to be substituted
County of Northumberland	Access to OS Field No 9000 shown marked ‘a’ on plan number HE092631/0/A197/02/02B of the street plans.	From the A1 northbound for a distance westwards of 5 metres.	New accesses shown marked 1 and 2 on plan number HE092631/0/A197/02/02B of the street plans.
	Access to OS Field No 0071 shown marked ‘b’ on plan number HE092631/0/A197/02/02B of the street plans.	From the A1 southbound for a distance of 6 metres.	New access shown between the points marked 3 on the street plans at St. Leonard’s roundabout along new highway marked ‘D’ shown on plan number HE092631/0/A197/02/03A of the street plans.
	Access shown marked ‘c’ on plan number HE092631/0/A197/02/03A of the street plans.	From A192 westwards for a distance of 5 metres.	New access shown between the points marked 5 on plan number HE092631/0/A197/02/03A of the street plans.
	Access shown marked ‘d’ on plan number HE092631/0/A197/02/03A of the street plans.	Between OS Field No 5924 and Butley Ben paddock.	New accesses off the north leg of the Northgate roundabout shown marked 6 and 7 on plan number HE092631/0/A197/02/03A of the street plans.
	Access shown marked ‘f’ on plan number HE092631/0/A197/02/05A of the street plans.	Access to Kater Dene sheep pen.	New access shown marked 11 on plan number HE092631/0/A197/02/05A of the street plans extending eastwards 11 metres along the new footway and cycle track.

PART 3 PRIVATE ACCESSES FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private access to be stopped up	(3) Extent of stopping up
County of Northumberland	Access shown marked ‘e’ on plan number HE092631/0/A197/02/05A of the street plans.	Access to Rose Cottage (property is to be demolished as part of the authorised development).

Article 11

SCHEDULE 5 VARIATION OF PUBLIC RIGHTS OF WAY

PART 1 SECTIONS OF PUBLIC PATH STOPPED UP

1.  The section of Public Footpath No. 21 (Parish of Mitford) from a point 470 metres north of Spital Hill on St. Leonard’s Lane, in an easterly direction for a distance of 40 metres to the A1 Trunk Road, shown thick hatched and marked ‘PF21(Mitford)’ on plan number HE092631/0/A197/02/02B of the street plans.

2.  The section of Public Footpath No. 13 (Parish of Mitford) from a point 530 metres north of Spital Hill on the east side of the A1 Trunk Road for a distance of 485 metres to a point to the rear of the property known as No 4 Pinewood Drive, Lancaster Park, shown thick hatched and marked ‘PF13 (Mitford)’ on plan number HE092631/0/A197/02/02B of the street plans.

3.  The section of Public Footpath No. 9 (Parish of Hebron) from a point 755 metres south of its junction with the C130 southwards for a distance of 30 metres shown thick hatched between the northernmost point marked ‘x’ and the southernmost point marked ‘y’ on plan number HE092631/0/A197/02/06A of the street plans.

PART 2 SECTIONS OF PUBLIC PATH CREATED

1.  A new section of Public Footpath No. 13 (Parish of Mitford) with a width of 1.5 metres from the St. Leonard’s east roundabout south eastwards for a distance of 34 metres sharing a route with private means of access to OS Field No. 0071, then north eastwards for a distance of 80 metres sharing a route with private means of access to OS Field No. 3283, then south eastwards for a distance of 164 metres to the existing stile by the rear of the property known as No. 4 Pinewood Drive, Lancaster Park, shown between the points marked ‘D’ on plan number HE092631/0/A197/02/02B of the street plans.

2.  A new section of Public Footpath No. 9 (Parish of Hebron), with a width of 1.5 metres from a point 755 metres south of its junction with the C130 south west, for a distance of 5 metres and south, for a distance of 10 metres, to the northern boundary of the carriageway of the new road forming part of the authorised development.

3.  A new section of Public Footpath No. 9 (Parish of Hebron) from a point at the southern boundary of the carriageway of the new road forming part of the authorised development 785 metres south of the junction of Public Footpath No. 9 with the C130, to rejoin existing Public Footpath No. 9, at the point marked y on plan number HE092631/0/A197/02/06A of the street plans.

Article 12

SCHEDULE 6 TEMPORARY PROHIBITION OR RESTRICTION OF USE OF STREETS

(1) Area	(2) Street subject to temporary prohibition or restriction of use	(3) Extent	(4) Description of temporary prohibition or restriction of use
County of Northumberland	A192	From a point 35 metres south east of the access to Butley Ben/At Last, south east for a distance of 395 metres shown on plan number HE092631/0/A197/02/03A of the street plans.	As required on safety grounds during construction works for and connection into Northgate roundabout.
	U6010	From a point 35 metres north of the south access to Fulbeck Grange, northwards for a distance of 250 metres shown on plan number HE092631/0/A197/02/05A of the street plans.	As required on safety grounds during construction works for the new road and Fulbeck Lane bridge.
	C148	From a point 345 metres south of the junction with the C144, southward for a distance of 110 metres shown on plan number HE092631/0/A197/02/02B of the street plans.	As required on safety grounds during construction works for and connection to St. Leonard’s underpass.
	A197	Whorral Bank roundabout to a point 20 metres south of the roundabout shown on plan number HE092631/0/A197/02/07A of the street plans.	As required on safety grounds during construction works for the new road and connection into Whorral Bank roundabout.

Article 13

SCHEDULE 7 STREETS SUBJECT TO ALTERATION OF LAYOUT

PART 1 STREETS SUBJECT TO TEMPORARY ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Extent	(4) Description of alteration
County of Northumberland	A1 Trunk road	Northbound carriageway from a point 69 metres south of the Fairmoor bridge, southwards for a distance of 1130 metres.	Diversion onto new diverge/merge slip roads while underpass is constructed – ref Drawing No. HE092631/0/A197/01/57 (MNB Part 6.3.1).
	A1 Trunk road	Southbound carriageway from a point 22 metres south of the Fairmoor bridge, southwards for a distance of 1105 metres.	Diversion onto new diverge/merge slip roads while underpass is constructed – ref Drawing No. HE092631/0/A197/01/57 (MNB Part 6.3.1).

PART 2 STREETS SUBJECT TO PERMANENT ALTERATION OF LAYOUT

(1) Area	(2) Street subject to alteration of layout	(3) Extent	(4) Description of alteration
County of Northumberland	A1 Trunk road	Northbound carriageway from a point 846 metres south of the Fairmoor bridge, southwards for a distance of 350 metres shown on plan number HE092631/0/A197/02/02B of the street plans.	To alignment and level providing diverge/egress slip road from the northbound carriageway of the A1 Trunk Road.
	A1 Trunk road	Southbound carriageway from a point 820 metres south of the Fairmoor bridge, southwards for a distance of 295 metres shown on plan number HE092631/0/A197/02/02B of the street plans.	To alignment and level providing merge/access slip road to the southbound carriageway of the A1 Trunk Road.
	A1 Trunk road	Northbound carriageway from a point 69 metres south of the Fairmoor bridge, southwards for a distance of 460 metres shown on plan number HE092631/0/A197/02/03A of the street plans.	To alignment and level providing merge/access slip road to the northbound carriageway of the A1 Trunk Road.
	A1 Trunk road	Southbound carriageway from a point 22 metres south of the Fairmoor bridge, southwards for a distance of 475 metres shown on plan number HE092631/0/A197/02/03A of the street plans.	To alignment and level providing diverge/egress slip road to the southbound carriageway of the A1 Trunk Road.
	A192	From a point 35 metres south east of the access to Butley Ben/At Last, south east for a distance of 395 metres shown on plan number HE092631/0/A197/02/03A of the street plans.	To alignment and level to accommodate the Northgate roundabout.
	A197	Whorral Bank roundabout and the A197 to a point 20 metres south of the roundabout shown on plan number HE092631/0/A197/02/07A of the street plans.	To accommodate connection of the eastern end of the new road to Whorral Bank roundabout.
	U6010	From a point 25 metres south of the northern exit from Fulbeck Grange, northwards for a distance of 80 metres shown on plan number HE092631/0/A197/02/05A of the street plans.	To alignment and level to accommodate the new Fulbeck Lane Bridge.
	U6010	From the southern access to Kater Dene, northwards for 75 metres shown on plan number HE092631/0/A197/02/05A of the street plans.	To alignment and level to accommodate the new Fulbeck Lane Bridge.

Article 16

SCHEDULE 8 ACCESS TO WORKS

PART 1 PUBLIC ACCESS TO WORKS

(1) Area	(2) Description of access
County of Northumberland	Footway and cycle track east from St. Leonard’s Lane – shown on plan number HE092631/0/A197/02/02B of the street plans reference A.
	New access east from St. Leonard’s Lane – shown on plan number HE092631/0/A197/02/02B of the street plans reference B.
	Footpath north of public footpath No. 13 – shown on plan number HE092631/0/A197/02/02B of the street plans reference D.
	New accesses from A192 at Northgate roundabout shown on plan number HE092631/0/A197/02/03A of the street plans.
	Footway and cycle track east and west off U6010 shown on plan number HE092631/0/A197/02/05A of the street plans.
	Footpath west of public footpath No. 9 – shown on plan number HE092631/0/A197/02/06A of the street plans reference F.
	Footpath west of public footpath No. 9 – shown on plan number HE092631/0/A197/02/06A of the street plans reference G.
	New access west from A197 at Whorral Bank roundabout shown on plan number HE092631/0/A197/02/07A of the street plans.

PART 2 PRIVATE ACCESS TO WORKS

(1) Area	(2) Description of access
County of Northumberland	New private means of access – shown on plan number HE092631/0/A197/02/02B of the street plans reference 1.
	New private means of access – shown on plan number HE092631/0/A197/02/02B of the street plans reference 2.
	New private means of access – shown on plan number HE092631/0/A197/02/03A of the street plans reference 5.
	New private means of access – shown on plan number HE092631/0/A197/02/03A of the street plans reference 6.
	New private means of access – shown on plan number HE092631/0/A197/02/03A of the street plans reference 7.
	New private means of access – shown on plan number HE092631/0/A197/02/05A of the street plans reference 8.
	New private means of access – shown on plan number HE092631/0/A197/02/05A of the street plans reference 9.
	New private means of access – shown on plan number HE092631/0/A197/02/05A of the street plans reference 10.
	New private means of access – shown on plan number HE092631/0/A197/02/05A of the street plans reference 11.
	New private means of access – shown on plan number HE092631/0/A197/02/06A of the street plans reference 12.
	New private means of access – shown on plan number HE092631/0/A197/02/06A of the street plans reference 13.
	New private means of access – shown on plan number HE092631/0/A197/02/06A of the street plans reference 14.
	New private means of access – shown on plan number HE092631/0/A197/02/06A of the street plans reference 15.
	New private means of access – shown on plan number HE092631/0/A197/02/07A of the street plans reference 16.
	New private means of access – shown on plan number HE092631/0/A197/02/07A of the street plans reference 17.
	New private means of access – shown on plan number HE092631/0/A197/02/07A of the street plans reference 18.
	New private means of access – shown on plan number HE092631/0/A197/02/07A of the street plans reference 19.
	Temporary access off A192 to site compound and haul road during construction works shown on plan number HE092631/0/A197/02/03A of the street plans.
	Temporary access off A197 at Whorral Bank roundabout to site compound and haul road during construction works shown on plan number HE092631/0/A197/02/07A of the street plans.

Article 29

SCHEDULE 9 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Number of land shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
County of Northumberland	Plots 2a, 10c, 10k, 15e and 19a	Contractors’ storage area for topsoil and other materials.	All works.
	Plot 2b	Contractors’ temporary access to the works.	West of A1 at Fairmoor.
	Plot 6b	Contractors’ temporary working area.	Footpath diversion Lancaster Park to St. Leonard’s underpass.
	Plot 7b	Contractors’ storage area for topsoil and other materials.	All works.
	Plots 8b and 19b	Areas for siting and use for contractors’ site compounds.	West Lane End Farm and Pegswood Moor Farm.
	Plot 12a	Contractors’ temporary working area.	Fulbeck Lane.
	Plot 15f	Construction and use of haul road.	All works.
	Plot 17a	Construction and use of haul road and storage of topsoil and other materials.	All works.

Article 23

SCHEDULE 10 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Location	(2) Number of land shown on land plans	(3) Purpose for which right over land may be acquired
County of Northumberland	Plot 1a	The right of access to construct, keep and maintain, and rights for working spaces in relation to, works to highway drainage outfall, including open ditch storage pond and headwall, into Benridge Burn.
	Plot 6a	The right to construct, keep and maintain, and rights for working spaces in relation to, works to create a public footpath to divert existing public footpath No. 13 from Lancaster Park to St. Leonard’s underpass.
	Plot 10f	The right to construct, keep and maintain, and rights for working spaces in relation to, works for water drainage and storage ponds south of the new bridge over Cotting Burn.
	Plots 10g, 10h, 10i	The right to keep and maintain, and rights for working spaces in relation to, existing NWL water main west of Fulbeck Lane.
	Plot 10j	The right to keep and maintain, and rights for working spaces in relation to, existing drainage gully west of Fulbeck Lane.
	Plots 15b and 15c	The right to construct keep and maintain, and rights for working spaces in relation to, water drainage and storage ponds east of Fulbeck Lane and south of proposed road.
	Plot 15d	The right to keep and maintain, and rights for working spaces in relation to, existing drainage gully north of proposed road.
	Plot 18a	The right to construct, keep and maintain, and rights for working spaces in relation to, pond storage areas and landscaping at Pegswood Moor.

Article 23

SCHEDULE 11 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

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

2.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(4) 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) In section 58(1)(5) (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 restrictive covenant imposed or to be imposed; or

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

(2) Without limitation to 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 the severing of the land 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 or restrictive covenant 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 Northumberland County Council (A1 – South East Northumberland Link Road (Morpeth Northern Bypass)) Development Consent Order 2015(6) (“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 limits 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(7) of the 1965 Act (powers of entry) is to be 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(8) (penalty for unauthorised entry) and 13(9) (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

8.  Section 20(10) 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 and enjoy the benefit of the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(1)

The authorised development was a nationally significant infrastructure project for the purposes of section 22 as at the date of application in relation to this Order (15 July 2013). Section 22 was subsequently substituted by SI 2013/1883, which came into force on 25 July 2013.

(2)

1990 c. 43. Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and subsequently amended by section 86(1) and (2) of the Water Act 2003 (c. 37) and S.I. 2013/755.

(3)

1974 c. 40.

(4)

1973 c. 26.

(5)

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)

S.I. 2015/23

(7)

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.

(8)

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

(9)

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).

(10)

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