The East Midlands Gateway Rail Freight Interchange and Highway Order 2016
PART 1
PRELIMINARY
1
Citation and Commencement
2
Interpretation
PART 2
PRINCIPAL POWERS
3
Development consent granted by the Order
4
Parameters of authorised development
5
Authorisation of use
6
Maintenance of authorised development
7
Benefit of Order
8
Application and modification of legislative provisions
PART 3
STREETS
9
Power to alter layout, etc., of streets
10
Highway works
11
Stopping up of streets
12
Public rights of way – creation, diversion and stopping up
13
Temporary stopping up of streets
14
Accesses
15
Maintenance of highway works
16
Classification of roads
17
Speed limits
18
Amendments to traffic regulation orders
19
Clearways and no waiting
20
Motor vehicle restrictions
21
Agreements with highway authorities
PART 4
SUPPLEMENTAL POWERS
22
Discharge of water
23
Authority to survey and investigate the land
PART 5
POWERS OF ACQUISITION
24
Guarantees in respect of payment of compensation
25
Compulsory acquisition of land and rights
26
Power to override easements and other rights
27
Compulsory acquisition of land – incorporation of the mineral code
28
Time limit for exercise of authority to acquire land and rights compulsorily
29
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
30
Rights under or over streets
31
Temporary use of land for carrying out the authorised development
32
Apparatus and rights of statutory undertakers in stopped up streets
PART 6
MISCELLANEOUS AND GENERAL
33
Operation and use of railways
34
Operational land for the purposes of the 1990 Act
35
Charges
36
Defence to proceedings in respect of statutory nuisance
37
Felling or lopping of trees
38
Protection of interests
39
Certification of plans etc.
40
Service of notices
41
Arbitration
42
Governance of requirements and protection of interests relating to highway works
SCHEDULES
SCHEDULE 1
AUTHORISED DEVELOPMENT
PART 1
NSIP 1: THE CONSTRUCTION OF A RAIL FREIGHT INTERCHANGE
Works No. 1
Works No. 2
Works No. 3
Works No. 4
Works No. 5
Works No. 6
PART 2
NSIP 2: THE CONSTRUCTION OF A NEW HIGHWAY
Works No. 7
PART 3
NSIP 3: THE ALTERATION OF EXISTING HIGHWAYS
Works No. 8
PART 4
ASSOCIATED DEVELOPMENT
Associated development within the meaning of section 115(2) (development for which consent may be granted) of the 2008 Act comprising—
Works No. 9
Works No. 10
Works No. 11
Works No. 12
Works No. 13
Further works
SCHEDULE 2
REQUIREMENTS
1
Time limit
2
Phases of development
3
Sustainable transport
4
Design and phasing of highways works
5
The undertaker must use reasonable endeavours to complete the highway...
6
Detailed design approval
7
No phase of the authorised development (with the exception of...
8
Provision of landscaping and ecological mitigation
9
Implementation and maintenance of landscaping
10
Ecological Management Plan
11
Construction Environmental Management Plan
12
Earthworks
13
Archaeology
14
Lighting details
15
Building sustainability
16
Flood risk and surface water drainage
17
(1) No phase of the authorised development (with the exception...
18
Any element of the authorised development which directly affects any...
19
Foul water drainage
20
Construction hours
21
Construction noise
22
Noise during the operational phase
23
Monitoring of complaints
24
Contamination risk
25
(1) Prior to the commencement of use of any part...
26
Waste management during the operational phase
SCHEDULE 3
STREETS SUBJECT TO HIGHWAY WORKS
SCHEDULE 4
STREETS TO BE PERMANENTLY STOPPED UP
PART 1
STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 2
STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
SCHEDULE 5
PUBLIC RIGHTS OF WAY TO BE STOPPED UP
PART 1
PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 2
PUBLIC RIGHTS OF WAY TO BE PERMANENTLY STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
PART 3
NEW PUBLIC RIGHTS OF WAY TO BE CREATED
SCHEDULE 6
PRIVATE MEANS OF ACCESS
PART 1
PRIVATE MEANS OF ACCESS TO BE REPLACED
PART 2
PRIVATE MEANS OF ACCESS TO BE CLOSED FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
PART 3
NEW PRIVATE MEANS OF ACCESS CREATED
SCHEDULE 7
CLASSIFICATION OF ROADS
PART 1
NEW AND DIVERTED ROADS
PART 2
EXISTING ROADS
SCHEDULE 8
SPEED LIMITS
PART 1
EXISTING ORDERS
PART 2
ROADS SUBJECT TO 30MPH SPEED LIMIT
PART 3
ROADS SUBJECT TO 50MPH SPEED LIMIT
SCHEDULE 9
AMENDMENTS TO EXISTING ORDERS
SCHEDULE 10
CLEARWAYS AND NO WAITING
PART 1
CLEARWAYS
PART 2
NO WAITING AT ANY TIME
SCHEDULE 11
MOTOR VEHICLE RESTRICTIONS
PART 1
MOTOR VEHICLE ACCESS ONLY RESTRICTIONS
PART 2
ONE WAY STREETS
PART 3
PROHIBITION OF ENTRY TO ABNORMAL LOADS LAYBY
PART 4
BUSES AND CYCLISTS ONLY
SCHEDULE 12
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 13
LAND TO WHICH POWERS TO EXTINGUISH RIGHTS DO NOT APPLY
SCHEDULE 14
MODIFICATIONS OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1
The enactments for the time being in force with respect...
2
(1) Without limitation on the scope of paragraph 1, the...
Application of the 1965 Act
3
(1) The 1965 Act has effect with the modifications necessary...
4
For section 7 of the 1965 Act (measure of compensation)...
5
(1) For section 8 of the 1965 Act (provisions as...
6
The following provisions of the 1965 Act (which state the...
7
Section 11 (powers of entry) of the 1965 Act is...
8
Section 20 of the 1965 Act (protection for interests of...
9
Section 22 of the 1965 Act (interests omitted from purchase)...
SCHEDULE 15
FOR THE PROTECTION OF NATIONAL GRID
1
Application
2
Interpretation
3
This Schedule does not apply to apparatus in respect of...
4
Apparatus of National Grid in stopped up streets
5
Acquisition of land
6
Removal of apparatus
7
Facilities and rights for alternative apparatus
8
Retained apparatus: protection for gas undertakers
9
Retained apparatus: protection for electricity undertakers
10
Expenses
11
Indemnity
12
Ground subsidence monitoring scheme in respect of National Grid’s apparatus
13
Enactments and agreements
14
Co-operation
15
Access
16
Arbitration
SCHEDULE 16
FOR THE PROTECTION OF THE AIRPORT OPERATOR
1
The undertaker must carry out the authorised development in accordance...
2
The undertaker must produce a Bird Management Plan to minimise...
3
The prior approval of the airport operator must be obtained...
4
The undertaker must not obstruct or in any way interfere...
5
The prior approval of the airport operator (acting as the...
6
Any difference or dispute arising between the undertaker and the...
SCHEDULE 17
FOR THE PROTECTION OF SEVERN TRENT WATER LIMITED
SCHEDULE 18
FOR THE PROTECTION OF NETWORK RAIL
1
The following provisions of this Schedule have effect, unless otherwise...
2
In this Schedule— “construction” includes execution, placing, alteration and reconstruction,...
3
(1) Where under this Schedule Network Rail is required to...
4
(1) The undertaker must not exercise the powers conferred by...
5
(1) The undertaker must before commencing construction of any specified...
6
(1) Any specified work and any protective works to be...
7
The undertaker must— (a) at all times afford reasonable facilities...
8
Network Rail must at all times afford reasonable facilities to...
9
(1) If any permanent or temporary alterations or additions to...
10
The undertaker must repay to Network Rail all reasonable fees,...
11
(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...
12
If at any time after the completion of a specified...
13
The undertaker must not provide any illumination or illuminated sign...
14
Any additional expenses which Network Rail may reasonably incur in...
15
(1) The undertaker must pay to Network Rail all reasonable...
16
Network Rail must, on receipt of a request from the...
17
In the assessment of any sums payable to Network Rail...
18
The undertaker and Network Rail may, subject in the case...
19
Nothing in this Order, or in any enactment incorporated with...
20
The undertaker must give written notice to Network Rail if...
21
The undertaker must no later than 28 days from the...
SCHEDULE 19
FOR THE PROTECTION OF HIGHWAYS ENGLAND
1
Application
2
Interpretation
3
Prior approvals and security
4
Carrying out of works
5
Payments
6
Provisional certificate and defects period
7
Final certificate
8
Surety
9
Form 1 as referred to in paragraph 8(1)(a) is—
10
Commuted sums
11
Insurance
12
Indemnification
13
Warranties
SCHEDULE 20
FOR THE PROTECTION OF LEICESTERSHIRE COUNTY COUNCIL AS HIGHWAY AUTHORITY
1
Application
2
Interpretation
3
Highway works
4
Provisional certificate and maintenance period
5
Final certificate
6
Payment for supplemental maintenance
7
Indemnity
8
Construction (Design and Management) Regulations 2015
9
Security
10
Form 2 as referred to in paragraph 9—
11
Notices etc.
12
Dispute resolution
13
Privately and publicly owned apparatus
14
Detailed design approval
15
Workmanship
16
Traffic and safety control
17
Site safety
18
Approval of persons undertaking the highway works
19
Inspection of the highway works
20
Design and inspection payment
21
Commuted sum
22
Programme of works
23
Power to execute works in default or emergency
24
Insurance
25
Notice of commencement of highway works
26
Approval of team undertaking Road Safety Audits
27
Road Safety Audits
28
Traffic signal equipment
29
Use of sums paid
30
Statutory procedures and orders
SCHEDULE 21
FOR THE PROTECTION OF TARMAC
1
The following provisions of this Schedule have effect, unless otherwise...
2
In this Schedule— “bagging plant” means the area subject to...
3
The undertaker must before commencing construction of any specified work...
4
The undertaker must give Tarmac no less than 28 days’...
5
The undertaker must not in the exercise of the powers...
6
The undertaker must give Tarmac a minimum of 28 days’...
7
The undertaker must construct the Tarmac access in accordance with...
8
Subject to the approval of Highways England the undertaker must...
9
The Tarmac access must be gated or include barriers at...
10
A scheme for the signage along the Tarmac access must...
11
The undertaker must permit Tarmac to utilise the Tarmac access...
12
The undertaker must pay the maintenance sum to Tarmac at...
13
The undertaker must, prior to undertaking any works on the...
14
The undertaker must reinstate any environmental barrier disturbed by, or...
15
Any difference or dispute arising between the undertaker and Tarmac...
2016 No. 17

Infrastructure Planning

The East Midlands Gateway Rail Freight Interchange and Highway Order 2016
Made
12th January 2016
Coming into force
2nd February 2016
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 for an order granting development consent.
The application was examined in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 by a Panel appointed by the Secretary of State in accordance with Chapter 2 of Part 6 of the 2008 Act.
The Panel, having considered the representations made and not withdrawn and the application with the accompanying documents, in accordance with section 83 of the 2008 Act has reported to the Secretary of State.
The Secretary of State having considered the representations made and not withdrawn and the report of the Panel has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial change to the proposals comprised in the application.
The Secretary of State in exercise of the powers conferred by sections 114, 115, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 21, 23, 24, 33, 34, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—
2008 c. 29, Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732 and S.I. 2013/522.
S.I. 2010/103, amended by S.I. 2012/635.