The A63 Castle Street Improvement Hull (Correction) Order 2020

Statutory Instruments

2020 No. 1184

Infrastructure Planning

The A63 Castle Street Improvement Hull (Correction) Order 2020

Made

28th October 2020

Coming into force

29th October 2020

The A63 Castle Street Hull Order 2020(1) (“the Order”) which granted development consent within the meaning of the Planning Act 2008(2) (“the Act”) contains correctable errors within the meaning of paragraph 1 of Schedule 4 to the Act.

In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period, the Secretary of State received a written request from the applicant(3), for the correction of errors and omissions in the Order.

In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed Hull City Council, as the relevant local planning authority, that the request has been received.

The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraphs 1(4) and (8) of Schedule 4 to, the Act, makes the following Order:

Citation and commencement

1.  This Order may be cited as the A63 Castle Street Improvement Hull (Correction) Order 2020 and comes into force on 29th October 2020.

Corrections

2.—(1) The A63 Castle Street Hull Order 2020 is corrected as follows.

(2) In article 2(1) (interpretation)—

(a) in the definition of “commence” after “advertisements” insert “or installation of a site compound”;

(b) in the definition of “trunk road” at the end of paragraph (a) insert “or”.

(3) In article 9(3) (application of the 1991 Act)—

(a) for “(directions as to timing)” substitute “(power to give directions as to timing of street works)”;

(b) for “(restrictions following substantial road works)” substitute “(restrictions on works following substantial road works)”.

(4) In article 18 (protective work to buildings), omit paragraph (7).

(5) In article 35(2) (felling or lopping of trees and removal of hedgerows)—

(a) for “undertake” substitute “undertaker”;

(b) in paragraph (b), for “nvironmental” substitute “environmental”.

(6) In paragraph 17(1) (high street underpass works) of Schedule 2 (requirements), at the end of paragraph (g) insert “which for the avoidance of doubt shall not include the use of paint on any highway structures and shall not be visible to drivers on the A63”.

Signed by authority of the Secretary of State for Transport

Natasha Kopala

Head of the Transport and Works Act Orders Unit

Department for Transport

28th October 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order corrects errors in the A63 Castle Street Hull Order 2020 (S.I. 2020/556), a development consent order made under the Planning Act 2008, following a request made under paragraph 1(5)(a) of Schedule 4 to that Act.

(1)

S.I. 2020/556.

(2)

2008 c. 29. Paragraph 1 of Schedule 4 was amended by section 128(2) of, and paragraph 70 of Schedule 13 and Part 20 of Schedule 25 to, the Localism Act 2011 (c. 20). There are other amendments to paragraph 1 that are not relevant to this Order.

(3)

The term “applicant” is defined in paragraph 4 of Schedule 4 to the Act.