The M20 Junction 10a Development Consent Order 2017

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Disapplication of legislative provisions

   4. 4. Maintenance of drainage works

3. PART 2 PRINCIPAL POWERS

   1. 5. Development consent etc. granted by the Order

   2. 6. Maintenance of authorised development

   3. 7. Planning permission

   4. 8. Limits of deviation

   5. 9. Benefit of Order

   6. 10. Consent to transfer benefit of Order

4. PART 3 STREETS

   1. 11. Application of the 1991 Act

   2. 12. Construction and maintenance of new, altered or diverted streets and other structures

   3. 13. Classification of roads, etc.

   4. 14. Temporary stopping up and restriction of use of streets

   5. 15. Permanent stopping up and restriction of use of streets and private means of access

   6. 16. Access to works

   7. 17. Clearways

5. PART 4 SUPPLEMENTAL POWERS

   1. 18. Discharge of water

   2. 19. Protective work to buildings

   3. 20. Authority to survey and investigate the land

6. PART 5 POWERS OF ACQUISITION

   1. 21. Compulsory acquisition of land

   2. 22. Compulsory acquisition of land - incorporation of the mineral code

   3. 23. Time limit for exercise of authority to acquire land compulsorily

   4. 24. Compulsory acquisition of rights

   5. 25. Public rights of way

   6. 26. Private rights over land

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

   8. 28. Application of the 1981 Act

   9. 29. Acquisition of subsoil or airspace only

   10. 30. Rights under or over streets

   11. 31. Temporary use of land for carrying out the authorised development

   12. 32. Temporary use of land for maintaining the authorised development

   13. 33. Statutory undertakers

   14. 34. Apparatus and rights of statutory undertakers in stopped up streets

   15. 35. Recovery of costs of new connections

   16. 36. Special category land

7. PART 6 OPERATIONS

   1. 37. Existing powers and duties of the undertaker

   2. 38. Felling or lopping of trees and removal of hedgerows

   3. 39. Trees subject to tree preservation orders

8. PART 7 MISCELLANEOUS AND GENERAL

   1. 40. Application of landlord and tenant law

   2. 41. Operational land for purposes of the 1990 Act

   3. 42. Defence to proceedings in respect of statutory nuisance

   4. 43. Protective provisions

   5. 44. Certification of plans, etc.

   6. 45. Service of notices

   7. 46. Arbitration

   8. 47. Traffic regulation

9. Signature

10. SCHEDULES

    1. SCHEDULE 1

       AUTHORISED DEVELOPMENT

       1. In the administrative areas of Kent County Council and Ashford Borough Council

    2. SCHEDULE 2

       REQUIREMENTS

       1. PART 1 REQUIREMENTS

          1. 1. Interpretation

          2. 2. Time limits

          3. 3. Construction Environmental Management Plan

          4. 4. Details of consultation

          5. 5. Landscaping

          6. 6. Implementation and maintenance of landscaping

          7. 7. Fencing

          8. 8. Land and groundwater contamination

          9. 9. Archaeology

          10. 10. Protected species

          11. 11. Traffic management

          12. 12. Detailed design

          13. 13. Surface and foul water drainage

          14. 14. Flood compensatory storage

          15. 15. Approvals and amendments to approved details

          16. 16. Alternative A2070 options

       2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

          1. 17. Applications made under requirements

          2. 18. Further information

          3. 19. Register of requirements

          4. 20. Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

       CLASSIFICATIONS OF ROADS, ETC.

       1. PART 1 SPECIAL ROADS

       2. PART 2 TRUNK ROADS

       3. PART 3 CLASSIFIED ROADS

       4. PART 4 UNCLASSIFIED ROADS

       5. PART 5 SPEED LIMITS

       6. PART 6 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

       7. PART 7 REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

       8. PART 8 FOOTPATHS, CYCLE TRACKS AND FOOTWAYS

    4. SCHEDULE 4

       PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

       1. PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

       2. PART 2 HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

       3. PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

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

    5. SCHEDULE 5

       LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    6. SCHEDULE 6

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

       1. Compensation enactments

          1. 1. The enactments for the time being in force with respect...

          2. 2. (1) Without limitation on the scope of paragraph 1, the...

          3. 3. (1) Without limitation on the scope of paragraph 1, the...

       2. Application of Part 1 of the 1965 Act

          1. 4. Part 1 of the 1965 Act, as applied by section...

          2. 5. (1) The modification referred to in paragraph 4(a) are as...

    7. SCHEDULE 7

       LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

       TREES SUBJECT TO TREE PRESERVATION ORDERS

    9. SCHEDULE 9

       PROTECTIVE PROVISIONS

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

          1. 1. For the protection of the utility undertakers referred to in...

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

          3. 3. On street apparatus

          4. 4. Apparatus in stopped up streets

          5. 5. Protective works to buildings

          6. 6. Acquisition of land

          7. 7. Removal of apparatus

          8. 8. Facilities and rights for alternative apparatus

          9. 9. Retained apparatus

          10. 10. Expenses and costs

          11. 11. (1) Subject to sub-paragraphs (2) and (3), if by reason...

          12. 12. Cooperation

          13. 13. Nothing in this Part of this Schedule affects the provisions...

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

          1. 14. For the protection of any operator, the following provisions have...

          2. 15. In this Part of this Schedule— “the 2003 Act” means...

          3. 16. The exercise of the powers conferred by article 33 (statutory...

          4. 17. (1) Subject to sub-paragraphs (2) to (4), if as the...

       3. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

          1. 18. The following provisions apply for the protection of the Agency...

          2. 19. In this Part of this Schedule— “the Agency” means the...

          3. 20. (1) Before beginning to construct any specified work, the undertaker...

          4. 21. Without limitation on the scope of paragraph 20, but subject...

          5. 22. (1) Subject to sub-paragraph (2), any specified work, and all...

          6. 23. (1) Subject to sub-paragraph (6), the undertaker must from the...

          7. 24. If by reason of the construction of any specified work...

          8. 25. If by reason of construction of a specified work the...

          9. 26. (1) The undertaker must take all such measures as may...

          10. 27. (1) The undertaker must repay to the Agency all costs,...

          11. 28. If following construction of the authorised development the Agency’s access...

          12. 29. Any dispute arising between the undertaker and the Agency under...

    10. SCHEDULE 10

        ENVIRONMENTAL STATEMENT DOCUMENTS TO BE CERTIFIED

11. Explanatory Note