The A30 Chiverton to Carland Cross Development Consent Order 2020

SCHEDULES

Article 2

SCHEDULE 1 AUTHORISED DEVELOPMENT

In the administrative area of Cornwall Council

The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act(1) and associated development within the meaning of section 115(2) of the 2008 Act, comprising—

Work No. 1 – the construction of a new A30 dual carriageway road 14 kilometres in length between a point 985 metres to the west of Work No. 3 and a point 956 metres to the east of Work No. 5. To include—

(a) the construction of drainage attenuation pond no. 1 with associated drainage facilities, access and landscaping at the location shown on sheet 1 of the works plans;

(b) the construction of drainage attenuation pond no. 2 with associated drainage facilities, access and landscaping at the location shown on sheet 1 of the works plans;

(c) the construction of drainage attenuation pond no. 4 with associated drainage facilities, access and landscaping at the location shown on sheets 1 and 2 of the works plans;

(d) the construction of drainage attenuation pond no. 6 with associated drainage facilities, access and landscaping at the location shown on sheet 3 of the works plans;

(e) the construction of drainage attenuation pond no. 9 with associated drainage facilities, access and landscaping at the location shown on sheet 4 of the works plans;

(f) the construction of drainage attenuation pond no. 10 with associated drainage facilities, access and landscaping at the location shown on sheet 4 of the works plans;

(g) the construction of drainage attenuation pond no. 12 with associated drainage facilities, access and landscaping at the location shown on sheet 5 of the works plans;

(h) the construction of drainage attenuation pond no. 14 with associated drainage facilities, access and landscaping at the location shown on sheet 6 of the works plans;

(i) the construction of drainage attenuation pond no. 16 with associated drainage facilities, access and landscaping at the location shown on sheet 7 of the works plans;

(j) the construction of drainage attenuation pond no. 18 with associated drainage facilities, access and landscaping at the location shown on sheet 8 of the works plans;

(k) the construction of drainage attenuation pond no. 19 with associated drainage facilities, access and landscaping at the location shown on sheet 8 of the works plans;

(l) the construction of drainage attenuation pond no. 20 with associated drainage facilities, access and landscaping at the location shown on sheet 8 of the works plans;

(m) the construction of a green bridge over the main carriageway of the new A30 and the existing A30 at Marazanvose and associated construction compound no. 4 of 12149 square metres at the location shown on sheet 4 of the works plans, to include provision for a new bridleway (PR7) to connect U6082 and C0178 and a new footpath (PR8) to connect the bridleway (PR7) to FP319/16/1;

(n) the demolition of Marazan Farm House and associated outbuildings at the location shown on sheet 4 of the works plans;

(o) the demolition of the barn at Nancarrow Farm at the location shown on sheet 4 of the works plans;

(p) the demolition of the buildings at Hill View Farm at the location shown on sheet 3 of the works plans;

(q) the construction of 40 metres of reinforced earth slope around the pylon to the north of the new A30 dual carriageway at Nancarrow Farm at the location shown on sheet 5 of the works plans;

(r) the construction of 10 metres of reinforced earth slope at the location shown on sheet 8 of the works plans;

(s) the construction of a walking, cycling, horse riding, multispecies underbridge under the main carriageway of the new A30 at Church Lane at the location shown on sheet 5 of the works plans;

(t) the construction of a walking, cycling, horse riding, multispecies underbridge under the main carriageway of the new A30 at Newlyn Downs at the location shown on sheet 8 of the works plans;

(u) the construction of four public laybys on the eastbound carriageway of the new A30 and five public laybys on the westbound carriageway of the new A30 at the locations shown on sheets 2 to 7 of the works plans;

(v) the construction of thirteen private laybys for maintenance use on the eastbound carriageway of the new A30 and fifteen private laybys for maintenance use on the westbound carriageway of the new A30 at the locations shown on sheets 1 to 8 of the works plans;

(w) the construction of six emergency access points onto the new A30 at the locations shown on sheets 4 to 6 of the works plans;

(x) construction compound no. 1 of 15639 square metres at the location shown on sheet 1 of the works plans;

(y) construction compound no. 3 of 44244 square metres at the location shown on sheet 4 of the works plans;

(z) construction compound no. 5 of 35801 square metres at the location shown on sheet 5 of the works plans;

(aa) construction compound no. 9 of 51849 square metres at the location shown on sheet 8 of the works plans;

(bb) the construction of drainage culverts at the locations shown on sheets 2 to 6 and 8 of the works plans;

(cc) the construction of wildlife crossings at the locations shown on sheets 1 to 8 of the works plans;

(dd) the construction of a walking, cycling and horse riding underbridge under the main carriageway and slip roads at Chiverton Cross at the location shown on sheet 1 of the works plans;

(ee) the construction of a stabilised earthworks slope adjacent to the quarry pond at the location shown on sheet 7 of the works plans;

(ff) works to cap mineshafts at the locations shown on sheets 6 and 7 of the works plans.

Work No. 2 – the re-alignment of the existing A30. To include—

(a) the re-alignment of the existing A30 from point C on sheet 2 of the works plans to point D on sheet 3 of the works plans;

(b) the re-alignment of the existing A30 from point G on sheet 4 of the works plans to point H on sheet 5 of the works plans;

(c) the closure of 380 metres of the unnamed road C0089 at the location shown on sheet 5 of the works plans;

(d) the construction of drainage attenuation pond no. 5 with associated drainage facilities, access and landscaping at the location shown on sheet 3 of the works plans;

(e) the construction of drainage attenuation pond no. 11 with associated drainage facilities, access and landscaping at the location shown on sheet 5 of the works plans;

(f) the construction of a new private means of access to field south of the re-aligned A30;

(g) the construction of a new private means of access to field south of the re-aligned A30;

(h) the construction of a new private means of access to a telecommunications mast to the north of the re-aligned A30;

(i) the construction of a new private means of access to Bracken Woods;

(j) the construction of a new private means of access to Chyverton Park and Chyverton Lodge.

Work No. 3 – the construction of a new grade separated junction at Chiverton shown on sheets 1 and 2 of the works plans. To include—

(a) the construction of a new eastbound off-slip from the main carriageway of the new A30, 615 metres in length;

(b) the construction of a new eastbound on-slip to the main carriageway of the new A30, 399 metres in length;

(c) the construction of a new westbound off-slip from the main carriageway of the new A30, 513 metres in length;

(d) the construction of a new westbound on-slip to the main carriageway of the new A30, 475 metres in length;

(e) the construction of two new overbridges over the junction circulatory carriageway of the new A30;

(f) the re-alignment of 851 metres of the B3277 to include provision for non-motorised users;

(g) the partial closure and re-alignment of 767 metres of the A3075 north of the new A30, to include provision for non-motorised users;

(h) the re-alignment of the existing A30 between points A and B on sheet 1 of the works plans, to include provision for non-motorised users;

(i) the re-alignment of 1078 metres of the A390 to include provision for non-motorised users;

(j) the re-alignment of 95 metres of the unclassified road U6072 to include provision for non-motorised users;

(k) the re-alignment of 45 metres of the unnamed road C0005 to include provision for non-motorised users;

(l) the closure and demolition of the existing A30 Chiverton Cross Roundabout;

(m) the construction of drainage attenuation pond no. 3 with associated drainage facilities, access and landscaping;

(n) the construction of a public rest area on the realigned B3277;

(o) the construction of a walking, cycling and horse riding link to the north and south of the junction circulatory carriageway of the new A30;

(p) the construction of an unclassified road to access Trevissome Park;

(q) the construction of a new private means of access to Silversprings;

(r) the construction of a new private means of access to Three Burrows;

(s) the construction of a new private means of access to field west of the A3075;

(t) the construction of a new private means of access to field east of the A3075.

Work No. 4 – the construction of a new grade separated dumbbell junction at Chybucca. To include—

(a) a new roundabout north of the main carriageway of the new A30 with overrun area through the central island for Carland Cross windfarm at the location shown on sheet 3 of the works plans;

(b) a new roundabout south of the main carriageway of the new A30 at the location shown on sheet 3 of the works plans;

(c) a new overbridge over the main carriageway of the new A30 at the location shown on sheet 3 of the works plans;

(d) the construction of a new eastbound off-slip from the main carriageway of the new A30, 486 metres in length, at the location shown on sheet 3 of the works plans;

(e) the construction of a new westbound on-slip to the main carriageway of the new A30, 374 metres in length, at the location shown on sheet 3 of the works plans;

(f) the construction of drainage attenuation pond no. 7 with associated drainage facilities, access and landscaping at the location shown on sheet 3 of the works plans;

(g) the re-alignment of 852 metres of the B3284 to join Work No. 4(a), to include provision for walking, cycling and horse riding, at the location shown on sheet 3 of the works plans;

(h) the re-alignment of 147 metres of the B3284 to join Work No. 4(b), to include provision for walking, cycling and horse riding, at the location shown on sheet 3 of the works plans;

(i) the re-alignment of the existing A30 between points E and F on sheets 3 and 4 of the works plans, to include provision for walking, cycling and horse riding;

(j) the re-alignment of the existing A30 between points D and E on sheet 3 of the works plans, to include provision for non-motorised users;

(k) the construction of a new private means of access to Creegmeor Farm north of the B3284 and a new bridleway (PR4) to connect BR314/64/1 and BR314/65/1;

(l) the construction of a new private means of access to the south of the new grade separated junction from the re-aligned B3284.

Work No. 5 – the construction of a new grade separated junction at Carland Cross at the location shown on sheets 7 and 8 of the works plans. To include—

(a) a new roundabout north of the main carriageway of the new A30 including track for overrun area;

(b) the re-configuration of the existing Carland Cross roundabout south of the main carriageway of the new A30;

(c) two new overbridges over the junction connector road carriageway of the new A30;

(d) the construction of a new westbound on-slip to the main carriageway of the new A30, 332 metres in length;

(e) the construction of a new westbound off-slip from the main carriageway of the new A30, 611 metres in length;

(f) the re-alignment of the existing A30 between points I and J;

(g) the reconfiguration of the existing access to the Carland Cross Windfarm and the construction of new access tracks;

(h) the construction of a new eastbound on-slip to the main carriageway of the new A30, 334 metres in length;

(i) the construction of a new eastbound off-slip from the main carriageway of the new A30, 569 metres in length;

(j) the closure and demolition of 489 metres of the existing A30 between points K and L;

(k) the construction of drainage attenuation pond no. 17 with associated drainage facilities, access and landscaping;

(l) the construction of a track for walking, cycling and horse riding including equine refuges connecting the southern roundabout at Carland Cross with the underbridge at Work No. 1(t);

(m) the diversion of the cables serving Carland Cross Wind Farm;

(n) the construction of a private means of access to Treventon Farm;

(o) the construction of a track for walking, cycling and horse riding from the southern roundabout at Carland Cross to Mitchell;

(p) the construction of a new private means of access to Newlyn Downs / Trewithen Estate;

(q) a new footpath (PR16) linking to open access land and Roundbarrow viewing area.

Work No. 6 – works to Allet Road for access across the new A30 at Tresawsen at the location shown on sheet 4 of the works plans. To include—

(a) the construction of an underbridge under the main carriageway of the new A30;

(b) the re-alignment of 338 metres of the Allet Road;

(c) the conversion of 306 metres of the Allet Road to an emergency access track;

(d) the construction of drainage attenuation pond no. 8 with associated drainage facilities, access and landscaping;

(e) construction compound no. 2 of 12675 square metres, at the location shown on sheets 3 and 4 of the works plans;

(f) the construction of a new private means of access to the south of the existing A30(T);

(g) the construction of a new private means of access to Nanteague Farm;

(h) the construction of a new private means of access to Nanteague Solar Farm;

(i) the demolition of an existing telecommunications mast and the construction of a new telecommunications mast;

(j) the construction of a new private means of access to a telecommunications mast.

Work No. 7 – the stopping up of the public highway U6082 at Marazanvose. To include—

(a) the construction of a turning head;

(b) the construction of a new private means of access to Nancarrow Farm.

Work No. 8 – the retention and continued use of the Two Barrows underbridge at the location shown on sheet 5 of the works plans. To include—

(a) the retention and continued use of the access under the existing A30 for Shortlanesend Road;

(b) the construction of a new road to connect the realigned existing A30 with the unnamed road C0364;

(c) the stopping up of unnamed road C0089 to the existing A30 and retention for access only to St Freda Nursery.

Work No. 9 – the demolition and replacement of the existing bridge at Tolgroggan Farm at the location shown on sheet 5 of the works plans. To include—

(a) the construction of a new overbridge over the main carriageway of the new A30 and the realigned A30;

(b) construction compound no. 6 of 3352 square metres;

(c) the construction of a new private means of access to Tolgroggan Farm;

(d) the construction of a new bridleway and new private means of access to fields;

(e) the construction of a new bridleway and new private means of access to Tolgroggan Farm.

Work No. 10 – the construction of an underbridge under the main carriageway of the new A30 and the existing A30 at the location shown on sheet 6 of the works plans. To include—

(a) the re-alignment of 247 metres of Henver Lane;

(b) works to the junction with Zelah and the existing A30;

(c) the construction of drainage attenuation pond no. 13 with associated drainage facilities, access and landscaping;

(d) construction compound no. 7 of 5160 square metres;

(e) the construction of a new private means of access to Trevalso Farm.

Work No. 11 – the construction of an underbridge at Pennycomequick at the location shown on sheet 6 of the works plans. To include—

(a) the re-alignment of 382 metres of the unnamed road C0075;

(b) the conversion of 118 metres of the existing unnamed road C0075 to an emergency access point;

(c) the construction of drainage attenuation pond no. 15 with associated drainage facilities, access and landscaping;

(d) construction compound no. 8 of 9689 square metres;

(e) the construction of a new private means of access to Pennycomequick;

(f) the construction of a new private means of access to field to the south of the A30(T);

(g) the construction of a new private means of access to field south of Pennycomequick;

(h) the construction of a new private means of access to field east of Pennycomequick.

Work No. 12 – the closure of the junction at unclassified road U6093 where it meets the existing A30 and the re-alignment of 128 metres of unclassified road U6093 at the location shown on sheet 7 of the works plans.

Work No. 13 – the diversion of 1646 metres of telecoms equipment at the location shown on sheets 1 and 2 of the works plans.

Work No. 14 – the diversion of 587 metres of water pipeline at the location shown on sheet 1 of the works plans.

Work No. 15 – the diversion of 375 metres of power cables at the location shown on sheet 1 of the works plans.

Work No. 16 – the diversion of 319 metres of water pipeline at the location shown on sheet 1 of the works plans.

Work No. 17 – the diversion of 560 metres of telecoms equipment at the location shown on sheets 1 and 2 of the works plans.

Work No. 18 – the diversion of 113 metres of telecoms equipment at the location shown on sheet 2 of the works plans.

Work No. 19 – the diversion of 812 metres of power cables at the location shown on sheet 2 of the works plans.

Work No. 20 – the diversion of 60 metres of power cables at the location shown on sheet 2 of the works plans.

Work No. 21 – the diversion of 223 metres of telecoms equipment at the location shown on sheet 3 of the works plans.

Work No. 22 – the diversion of 1468 metres of gas pipeline at the location shown on sheets 3 and 4 of the works plans.

Work No. 23 – the diversion of 330 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 24 – the diversion of 133 metres of power cables at the location shown on sheet 4 of the works plans.

Work No. 25 – the diversion of 507 metres of water pipeline at the location shown on sheet 4 of the works plans.

Work No. 26 – the diversion of 68 metres of power cables at the location shown on sheet 4 of the works plans.

Work No. 27 – the diversion of 89 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 28 – the diversion of 136 metres of power cables at the location shown on sheet 4 of the works plans.

Work No. 29 – the diversion of 99 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 30 – the diversion of 203 metres of telecoms equipment at the location shown on sheets 4 and 5 of the works plans.

Work No. 31 – the diversion of 504 metres of water pipeline at the location shown on sheet 5 of the works plans.

Work No. 32 – the diversion of 91 metres of power cables at the location shown on sheet 5 of the works plans.

Work No. 33 – the diversion of 525 metres of telecoms equipment at the location shown on sheet 5 of the works plans.

Work No. 34 – the diversion of 65 metres of telecoms equipment at the location shown on sheet 5 of the works plans.

Work No. 35 – the diversion of 79 metres of telecoms equipment at the location shown on sheet 5 of the works plans.

Work No. 36 – the diversion of 908 metres of water pipeline at the location shown on sheets 5 and 6 of the works plans.

Work No. 37 – the diversion of 159 metres of power cables at the location shown on sheet 6 of the works plans.

Work No. 38 – the diversion of 227 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 39 – the diversion of 87 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 40 – the relocation of an electricity pole at the location shown on sheet 6 of the works plans.

Work No. 41 – the diversion of 323 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 42 – the diversion of 100 metres of power cables at the location shown on sheet 6 of the works plans.

Work No. 43 – the diversion of 146 metres of power cables at the location shown on sheet 7 of the works plans.

Work No. 44 – the diversion of 1016 metres of telecoms equipment at the location shown on sheet 8 of the works plans.

Work No. 45 – the diversion of 850 metres of gas pipeline at the location shown on sheet 8 of the works plans.

Work No. 46 – the diversion of 443 metres of water pipeline at the location shown on sheet 8 of the works plans.

Work No. 47 – the diversion of 483 metres of telecoms equipment at the location shown on sheet 8 of the works plans.

Work No. 48 – the diversion of 165 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 49 – the diversion of 215 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 50 – the diversion of 103 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 51 – the diversion of 61 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 52 – the diversion of 23 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 53 – the diversion of 19 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 54 – the diversion of 210 metres of telecoms equipment at the location shown on sheet 2 of the works plans.

Work No. 55 – the diversion of 653 metres of telecoms equipment at the location shown on sheet 3 of the works plans.

Work No. 56 – the diversion of 17 metres of telecoms equipment at the location shown on sheet 3 of the works plans.

Work No. 57 – the diversion of 300 metres of power cables at the location shown on sheet 3 of the works plans.

Work No. 58 – the diversion of 422 metres of telecoms equipment at the location shown on sheet 3 of the works plans.

Work No. 59 – the diversion of 47 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 60 – the diversion of 11 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 61 – the diversion of 11 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 62 – the diversion of 58 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 63 – the diversion of 62 metres of power cables at the location shown on sheet 4 of the works plans.

Work No. 64 – the diversion of 48 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 65 – the diversion of 71 metres of telecoms equipment at the location shown on sheet 4 of the works plans.

Work No. 66 – the diversion of 158 metres of water pipeline at the location shown on sheet 5 of the works plans.

Work No. 67 – the diversion of 1331 metres of telecoms equipment at the location shown on sheets 4 and 5 of the works plans.

Work No. 68 – the diversion of 274 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 69 – the diversion of 368 metres of telecoms equipment at the location shown on sheet 6 of the works plans.

Work No. 70 – the diversion of 105 metres of power cables at the location shown on sheet 7 of the works plans.

Work No. 71 – the diversion of 160 metres of telecoms equipment at the location shown on sheet 7 of the works plans.

Work No. 72 – the diversion of 131 metres of telecoms equipment at the location shown on sheet 8 of the works plans.

Work No. 73 – the diversion of 26 metres of telecoms equipment at the location shown on sheet 1 of the works plans.

Work No. 74 – the demolition of an abandoned oil pipeline at the location shown on sheet 7 of the works plans.

Work No. 75 – carriageway widening at the location shown on sheet 4 of the works plans.

Work No. 76 – the construction of a new private means of access to Trevalso Farm.

In connection with the construction of any of those works, further development within the Order limits consisting of—

(a) works required for the strengthening, improvement, maintenance or reconstruction of any street;

(b) the strengthening, alteration or demolition of any structure;

(c) ramps, means of access including private means of access, public rights of way and crossing facilities;

(d) embankments, abutments, shafts, foundations, retaining walls, barriers, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts;

(e) works to place, alter, remove or maintain street furniture or apparatus in a street, or apparatus in other land, including mains, sewers, drains, pipes, cables and ducts;

(f) works to alter the course of or otherwise interfere with a watercourse, including private water supplies;

(g) landscaping, noise bunds and barriers, works associated with the provision of ecological mitigation and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

(h) works for the benefit or protection of land affected by the authorised development;

(i) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures); earthworks (including soil stripping and storage, site levelling); remediation of contamination;

(j) the felling of trees;

(k) working sites, storage areas, temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences; and

(l) the provision of other works including pavement works, kerbing and paved areas works, signing, signals, gantries, road markings works, traffic management measures including temporary roads and such other works as are associated with the construction of the authorised development.

Article 5

SCHEDULE 2 REQUIREMENTS

PART 1 REQUIREMENTS

Interpretation

1.  In this Schedule—

“CEMP” means the construction environmental management plan;

“contaminated land” has the same meaning as that given in section 78A(2) of the Environmental Protection Act 1990;

“County Archaeologist” means the individual nominated or appointed as such by the relevant planning authority;

“Ecological Clerk of Works” means the individual appointed as such by the undertaker;

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017(3);

“HEMP” means the handover environmental management plan, being the CEMP to be developed towards the end of the construction of the authorised development which is to contain—

(a)

the environmental information needed for the future maintenance and operation of the authorised development;

(b)

the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and

(c)

a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

“protected species” means species which are subject to protection under the laws of England or which are European protected species.

Time limits

2.  The authorised development must not commence later than the expiration of 5 years beginning with the date on which this Order comes into force.

Construction Environmental Management Plan

3.—(1) No part of the authorised development is to commence until a CEMP for that part has been prepared in consultation with the relevant planning authority, the local highway authority and (on matters related to its functions) the Defence Infrastructure Organisation and submitted to and approved in writing by the Secretary of State.

(2) The CEMP must—

(a) be substantially in accordance with the outline construction environmental management plan certified under article 45 (certification of plans etc.);

(b) contain a record of all the sensitive environmental features that have the potential to be affected by the construction of the proposed development;

(c) incorporate the measures referred to in the environmental statement as being incorporated in the CEMP;

(d) require adherence to working hours of 07:30 to 19:30 on Mondays to Saturdays from 1 March to 31 October, 07:30 to 18:00 on Mondays to Saturdays from 1 November to 28 February and 08:00 to 13:00 on Sundays, except for—

(i) traffic management activities;

(ii) bridge beam lifts;

(iii) demolition operations requiring the full or partial temporary closure of roads;

(iv) surfacing works at tie-in locations;

(v) importation of materials during peak holiday seasons;

(vi) the provision of services at compounds, including CCTV and vehicle recovery;

(vii) any emergency works; and

(viii) any works for which different working hours have been agreed with parties who will or may be affected by those works and recorded in the approved CEMP, in which case the CEMP must require adherence to those working hours.

(3) The authorised development must be constructed in accordance with the approved CEMP.

(4) Upon completion of construction of the authorised development the CEMP must be converted into the HEMP. The HEMP must be submitted to the Secretary of State for approval within 28 days of the opening of the authorised development for public use.

(5) The authorised development must be operated and maintained in accordance with the HEMP approved under paragraph (4).

Details of consultation

4.—(1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule following consultation with another party, the details submitted must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation.

(2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the summary report referred to under sub-paragraph (1) to the relevant consultees referred to in the requirement in relation to which approval is being sought from the Secretary of State.

(3) The undertaker must ensure that any consultation responses are reflected in the details submitted to the Secretary of State for approval under this Schedule, but only where it is appropriate, reasonable and feasible to do so, taking into account considerations including, but not limited to, cost and engineering practicality.

(4) Where the consultation responses are not reflected in the details submitted to the Secretary of State for approval, the undertaker must state in the summary report referred to under sub-paragraph (1) the reasons why the consultation responses have not been reflected in the submitted details.

Landscaping

5.—(1) No part of the authorised development is to commence until a written landscaping scheme for that part has been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority.

(2) No part of the authorised development, including vegetation clearance, is to commence until an arboricultural walkover survey and tree survey for that part, taking due regard to the guidance in British Standard 5837:2012, have been undertaken to identify any significant constraints posed by trees.

(3) The landscaping scheme prepared under sub-paragraph (1) must be based on the environmental masterplan, the trees and hedgerows to be removed or managed plans and the results of the surveys undertaken under sub-paragraph (2).

(4) The landscaping scheme prepared under sub-paragraph (1) must include details of hard and soft landscaping works, including—

(a) location, number, species, size and planting density of any proposed planting;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(c) proposed finished ground levels;

(d) hard surfacing materials;

(e) details of existing trees to be retained, with measures for their protection during the construction period; and

(f) implementation timetables for all landscaping works.

(5) In paragraph (3) “the environmental masterplan” means the plan certified by the Secretary of State as the environmental masterplan for the purposes of this Order.

Implementation and maintenance of landscaping

6.—(1) All landscaping works must be carried out in accordance with the landscaping scheme approved under Requirement 5.

(2) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

(3) Any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Fencing

7.  Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with the Manual of Contract Documents for Highway Works except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development.

Land and groundwater contamination

8.—(1) No part of the authorised development is to commence until a contamination risk assessment in respect of controlled waters has been produced for that part which is to include details of—

(a) any existing sources of contamination within the Order limits that may be affected by the carrying out of the authorised development;

(b) any reasonably required protective measures to ensure that the carrying out of the authorised development does not make worse any adverse conditions or risks associated with such existing sources of contamination; and

(c) appropriate remediation strategies and mitigation measures to address any historic contamination which is shown to be having significant, unacceptable effects on the environment within the context of the proposed works,

and the assessment has been submitted to and approved by the Secretary of State.

(2) The steps and measures that are identified as necessary for the purposes of carrying out the authorised development in the assessment referred to in sub-paragraph (1) must be implemented as part of the authorised development.

(3) In the event that contaminated material, including impacted groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental statement, the undertaker must cease construction of the authorised development in the vicinity of that contamination and must report it immediately in writing to the Secretary of State and the relevant planning authority, and in agreement with the relevant planning authority undertake a risk assessment of the contamination, and sub-paragraphs (4) and (5) will apply.

(4) Where the undertaker determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be prepared submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority.

(5) Remedial measures must be carried out in accordance with the approved scheme.

Archaeology

9.—(1) No part of the authorised development is to commence until for that part a scheme for the investigation and mitigation of areas of archaeological interest, reflecting the mitigation measures included in chapter 6 of the environmental statement, with provision for sub-written schemes of investigation for each area and each phase (evaluation or detailed excavation or watching brief), has been prepared in consultation with the relevant planning authority and the local highway authority, agreed with the County Archaeologist and submitted to and approved in writing by the Secretary of State.

(2) The authorised development must be carried out in accordance with the archaeological framework strategy and sub-written schemes of investigation referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State.

(3) A programme of archaeological reporting, post excavation and publication required as part of the archaeological framework strategy and sub-written schemes of investigation referred to in sub-paragraph (1) must be agreed with the County Archaeologist and implemented within a timescale agreed with the County Archaeologist and deposited with the Historic Environment Record of the relevant planning authority within two years of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority.

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be—

(a) retained in situ and reported to the County Archaeologist as soon as reasonably practicable; and

(b) subject to appropriate mitigation as set out in the archaeological framework strategy and mitigation agreed with the County Archaeologist.

(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date the remains are reported to the County Archaeologist under sub-paragraph (4) unless otherwise agreed in writing by the Secretary of State.

(6) On completion of the authorised development, suitable resources and provisions for long term storage of the archaeological archive will be agreed with the County Archaeologist.

Protected species

10.—(1) In the event that any protected species which were not previously identified in the environmental statement or nesting birds are found at any time when carrying out the authorised development the undertaker must cease construction works near their location and report it immediately to the Ecological Clerk of Works.

(2) The undertaker must prepare a written scheme for the protection and mitigation measures for any protected species that were not previously identified in the environmental statement or nesting birds found when carrying out the authorised development. Where nesting birds are identified works should cease within 10 metres of the nest until birds have fledged and the nest is no longer in use.

(3) The undertaker must implement the written scheme prepared under sub-paragraph (2) immediately and construction in the area specified in the written scheme must not recommence until any necessary licences are obtained to enable mitigation measures to be implemented.

Traffic management

11.—(1) No part of the authorised development is to commence until a traffic management plan for the construction of that part of the authorised development, substantially in accordance with the draft traffic management plan at appendix 2.1 to the environmental statement, has been submitted to and approved in writing by the Secretary of State following consultation with the local highway authority.

(2) The authorised development must be constructed in accordance with the approved traffic management plan.

Detailed design

12.—(1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the works plans and the general arrangement and section plans, unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority, the local highway authority and the Defence Infrastructure Organisation on matters related to their functions and provided that the Secretary of State is satisfied that any amendments to the works plans and the general arrangement and section plans showing departures from the preliminary design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding works plans or general arrangement and section plans and the undertaker must make those amended details available in electronic form for inspection by members of the public.

Surface and foul water drainage

13.—(1) No part of the authorised development is to commence until written details of the surface and foul water drainage system for that part, reflecting the mitigation measures in chapter 13 of the environmental statement and including means of pollution control, have been submitted to and approved in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority.

(2) The drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1) unless otherwise agreed in writing by the Secretary of State following consultation with the relevant planning authority and the local highway authority.

Highway lighting

14.—(1) No part of the authorised development is to commence until a written scheme of the proposed highway lighting to be provided for that part of the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant planning authority and (in the case of proposed lighting for any highway for which the undertaker is not, or will not be following implementation of article 14(2), the highway authority) the local highway authority.

(2) The standard of the highway lighting to be provided by the scheme referred to in sub-paragraph (1) must either reflect the standard of the highway lighting included in the environmental statement or, where the standard of the highway lighting proposed materially differs from the standard of the highway lighting identified in the environmental statement, the undertaker must provide evidence with the written scheme submitted for approval that the standard of the highway lighting proposed would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement taking into account the lighting identified in it. The standard of the highway lighting must encompass the specification, level of provision, light spillage, intensity and brightness of the highway lighting.

(3) The authorised development must be carried out in accordance with the scheme approved under sub-paragraph (1).

(4) Nothing in this requirement restricts the lighting of the authorised development during its construction or where temporarily required for maintenance.

Approvals and amendments to approved details

15.  With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Schedule, the approved details are taken to include any amendments that may subsequently be approved or agreed in writing by the Secretary of State.

PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

16.—(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the Secretary of State;

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 17; or

(c) such longer period as may be agreed between the parties.

(2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(3) Where—

(a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

(b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

(c) the application is accompanied by a report referred to in paragraph 4 stating that, in the view of a body required to be consulted by the undertaker under the requirement in question, the subject matter of the application is likely to give rise to any materially new or materially different environmental effects from those reported in the environmental statement,

then the application is taken to have been refused by the Secretary of State at the end of that period.

Further information

17.—(1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

(2) In the event that the Secretary of State considers such further information to be necessary, the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates. In the event that the Secretary of State does not give such notification within this 21 day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(3) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 16 and in this paragraph.

(4) In this paragraph, “business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971(4).

Register of requirements

18.—(1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

(2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

(3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Anticipatory steps towards compliance with any requirement

19.  If before this Order came into force the undertaker or any other person took any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

Articles 14 and 18

SCHEDULE 3 CLASSIFICATION OF ROADS, ETC.

PART 1 TRUNK ROADS

(1) Area	(2) Length of road
Perranzabuloe, Kenwyn, St Allen, St Erme, St Newlyn East Civil Parishes	A30 (T) between point A on sheet 1 and point B on sheet 8 of the classification of roads plans, comprising 13820 metres
Perranzabuloe, Kenwyn Civil Parishes	A30 (T) between points C and D on sheet 1 of the classification of roads plans, comprising 615 metres
Perranzabuloe Civil Parish	A30 (T) between points E and F on sheet 1 of the classification of roads plans, comprising 399 metres
Perranzabuloe Civil Parish	A30 (T) between points G and H on sheet 1 of the classification of roads plans, comprising 475 metres
Perranzabuloe Civil Parish	A30 (T) between points I and J on sheet 1 of the classification of roads plans, comprising 513 metres
Kenwyn Civil Parish	A30 (T) between points K and L on sheet 3 of the classification of roads plans, comprising 486 metres
Kenwyn Civil Parish	A30 (T) between points M and N on sheet 3 of the classification of roads plans, comprising 374 metres
St Erme, St Newlyn East Civil Parishes	A30 (T) between points O and P on sheet 8 of the classification of roads plans, comprising 569 metres
St Newlyn East Civil Parish	A30 (T) between points Q and R on sheet 8 of the classification of roads plans, comprising 334 metres
St Erme Civil Parish	A30 (T) between points S and T on sheet 8 of the classification of roads plans, comprising 332 metres
St Erme, St Newlyn East Civil Parishes	A30 (T) between points U and V on sheet 8 of the classification of roads plans, comprising 611 metres

PART 2 ROADS TO BE DE-TRUNKED

(1) Area	(2) Length of road
Perranzabuloe Civil Parish	A30 Trunk Road between point A on sheet 1 and point B on sheet 2 of the de-trunking plans, comprising 1925 metres
Perranzabuloe, Kenwyn, St Allen Civil Parishes	A30 Trunk Road between point C on sheet 3 and point D on sheet 4 of the de-trunking plans, comprising 2368 metres
St Allen, St Erme Civil Parishes	A30 Trunk Road between point E on sheet 5 and point F on sheet 7 of the de-trunking plans, comprising 3980 metres

PART 3 CLASSIFIED ROADS

(1) Area	(2) Length of road
Perranzabuloe, Kenwyn Civil Parishes	B3277 between points 1 and 2 on sheet 1 of the classification of roads plans, comprising 851 metres
Perranzabuloe Civil Parish	A3075 between point 3 on sheet 1 and point 4 on sheet 2 of the classification of roads plans, comprising 767 metres
Perranzabuloe, Kenwyn Civil Parishes	A390 between points 5 and 6 on sheet 1 of the classification of roads plans, comprising 1078 metres
Perranzabuloe Civil Parish	A30 between points 7 and 8 on sheet 1 of the classification of roads plans, comprising 178 metres
Perranzabuloe, Kenwyn Civil Parishes	B3284 between points 9 and 10 on sheet 3 of the classification of roads plans, comprising 852 metres
Kenwyn Civil Parish	B3284 and A30 between points 11 and 12 on sheet 3 of the classification of roads plans, comprising 147 metres
Kenwyn Civil Parish	B3284 between points 13 and 14 on sheet 3 of the classification of roads plans, comprising 245 metres
Kenwyn Civil Parish	B3284 between points 15 and 16 on sheet 3 of the classification of roads plans, comprising 147 metres
Perranzabuloe Civil Parish	A30 between point 17 on sheet 4 and point 18 on sheet 5 of the classification of roads plans, comprising 1331 metres
St Allen Civil Parish	Unnamed road C0364 between points 19 and 20 on sheet 5 of the classification of roads plans, comprising 54 metres
Perranzabuloe, Kenwyn Civil Parishes	A30 and B3284 between point 21 on sheet 2 and point 22 on sheet 3 of the classification of roads plans, comprising 805 metres
St Allen Civil Parish	Henver Lane between points 23 and 24 on sheet 6 of the classification of roads plans, comprising 247 metres
St Allen Civil Parish	Unclassified road U6083 between points 25 and 26 on sheet 6 of the classification of roads plans, comprising 220 metres
St Allen Civil Parish	Unnamed road C0075 between points 27 and 28 on sheet 6 of the classification of roads plans, comprising 382 metres
St Erme, St Newlyn East Civil Parishes	A30 between point 29 on sheet 7 and point 30 on sheet 8 of the classification of roads plans, comprising 654 metres
St Erme, St Newlyn East Civil Parishes	A30 between points 31 and 32 on sheet 8 of the classification of roads plans, comprising 155 metres
Kenwyn Civil Parish	Allet Lane between points 35 and 36 on sheet 4 of the classification of roads plans, comprising 367 metres
Perranzabuloe Civil Parish	The new Chiverton grade separated junction at point 41 on sheet 1 of the classification of roads plans, for the whole length of the circulatory carriageway, comprising 479 metres
Perranzabuloe Civil Parish	Unnamed road C0005 between points 44 and 45 on sheet 1 of the classification of roads plans, comprising 45 metres
Kenwyn Civil Parish	The new Chybucca grade separated junction northern roundabout at point 46 on sheet 3 of the classification of roads plans, for the whole length of the circulatory carriageway, comprising 106 metres
Kenwyn Civil Parish	The new Chybucca grade separated junction southern roundabout at point 47 on sheet 3 of the classification of roads plans, for the whole length of the circulatory carriageway, comprising 106 metres
St Newlyn East Civil Parish	The new Carland Cross grade separated junction northern roundabout at point 48 on sheet 8 of the classification of roads plans, for the whole length of the circulatory carriageway, comprising 163 metres
St Erme Civil Parish	The new Carland Cross grade separated junction southern roundabout at point 49 on sheet 8 of the classification of roads plans, for the whole length of the circulatory carriageway, comprising 206 metres

PART 4 UNCLASSIFIED ROADS

(1) Area	(2) Length of road
Perranzabuloe Civil Parish	Unclassified road U6072 between points 33 and 34 on sheet 1 of the classification of roads plans, comprising 95 metres
St Allen Civil Parish	Unclassified road U6083 (Church Lane) between points 37 and 38 on sheet 5 of the classification of roads plans, comprising 76 metres
St Erme Civil Parish	Unclassified road U6093 between points 39 and 40 on sheet 7 of the classification of roads plans, comprising 140 metres
Perranzabuloe Civil Parish	Unclassified road between points 42 and 43 on sheet 1 of the classification of roads plans, comprising 79 metres

PART 5 SPEED LIMITS

(1) Area	(2) Road name, number and length	(3) Speed limit
Perranzabuloe, Kenwyn, St Allen, St Erme, St Newlyn East Civil Parishes	A30 Trunk Road From point A on sheet 1 of the speed limits plans to point B on sheet 8 of the speed limits plans, for a total distance of 13820 metres	National speed limit for dual carriageways
Perranzabuloe, Kenwyn Civil Parishes	B3277 From point 1 to point 2 on sheet 1 of the speed limits plans, for a total distance of 1078 metres	National speed limit for single carriageways
Kenwyn, St Agnes Civil Parishes	A390 From point 5 to point 6 on sheet 1 of the speed limits plans, for a total distance of 1078 metres	National speed limit for single carriageways
Perranzabuloe, Kenwyn Civil Parishes	B3284 From point 9 to point 10 on sheet 3 of the speed limits plans, for a total distance of 852 metres	National speed limit for single carriageways
Kenwyn Civil Parish	B3284 and existing A30 (T) From point 11 to point 12 on sheet 3 of the speed limits plans, for a total distance of 147 metres	National speed limit for single carriageways
Kenwyn Civil Parish	Existing A30 (T) From point 13 to point 14 on sheet 3 of the speed limits plans, for a total distance of 245 metres	National speed limit for single carriageways
Kenwyn Civil Parish	B3284 From point 15 to point 16 on sheet 3 of the speed limits plans, for a total distance of 147 metres	National speed limit for single carriageways
Kenwyn Civil Parish	Existing A30 (T) From point 50 to point 51 on sheet 3 of the speed limits plans, for a total distance of 150 metres	National speed limit for single carriageways
Perranzabuloe Civil Parish	Existing A30 (T) From point 17 on sheet 4 to point 18 on sheet 5 of the speed limits plans, for a total distance of 1331 metres	National speed limit for single carriageways
St Allen Civil Parish	Unnamed road C0364 From point 19 to point 20 on sheet 5 of the speed limits plans, for a total distance of 54 metres	National speed limit for single carriageways
Perranzabuloe, Kenwyn Civil Parishes	Existing A30 (T) From point 21 on sheet 2 to point 22 on sheet 3 of the speed limits plans, for a total distance of 805 metres	National speed limit for single carriageways
St Allen Civil Parish	Henver Lane From point 23 to point 24 on sheet 6 of the speed limits plans, for a total distance of 247 metres	National speed limit for single carriageways
St Allen Civil Parish	Unclassified road U6083 From point 25 to point 26 on sheet 6 of the speed limits plans, for a total distance of 220 metres	National speed limit for single carriageways
Kenwyn Civil Parish	Unnamed road C0049 From point 35 to point 36 on sheet 4 of the speed limits plans, for a total distance of 367 metres	National speed limit for single carriageways
St Allen Civil Parish	Unclassified road U6083 From point 37 to point 38 on sheet 5 of the speed limits plans, for a total distance of 76 metres	National speed limit for single carriageways
Perranzabuloe, Kenwyn Civil Parishes	A30 Trunk Road eastbound off-slip From point C to point D on sheet 1 of the speed limits plans, for a total distance of 615 metres	National speed limit for dual carriageways
Perranzabuloe Civil Parish	A30 Trunk Road eastbound on-slip From point E to point F on sheet 1 of the speed limits plans, for a total distance of 399 metres	National speed limit for dual carriageways
Perranzabuloe Civil Parish	A30 Trunk Road westbound on-slip From point G to point H on sheet 1 of the speed limits plans, for a total distance of 475 metres	National speed limit for dual carriageways
Perranzabuloe Civil Parish	A30 Trunk Road westbound off-slip From point I to point J on sheet 1 of the speed limits plans, for a total distance of 513 metres	National speed limit for dual carriageways
Perranzabuloe Civil Parish	A3075 From point 3 on sheet 1 of the speed limits plans to point 4 on sheet 2 of the speed limits plans, for a total distance of 767 metres	National speed limit for single carriageways
Perranzabuloe, Kenwyn Civil Parish	Unnamed road C0005 From point 44 to point 45 on sheet 1 of the speed limits plans, for a total distance of 45 metres	National speed limit for single carriageways
Perranzabuloe Civil Parish	New unclassified road From point 42 to point 43 on sheet 1 of the speed limits plans, for a total distance of 79 metres	National speed limit for single carriageways
Perranzabuloe Civil Parish	De-trunked existing A30 (T) From point 7 to point 8 on sheet 1 of the speed limits plans, for a total distance of 178 metres	National speed limit for single carriageways
Perranzabuloe Civil Parish	The new Chiverton grade separated junction circulatory carriageway At point 41 on sheet 1 of the speed limits plans, for a total distance of 479 metres	National speed limit for single carriageways
Perranzabuloe Civil Parish	Unclassified road U6072 From point 33 to point 34 on sheet 1 of the speed limits plans, for a total distance of 95 metres	National speed limit for single carriageways
St Allen Civil Parish	Unnamed road C0075 From point 27 to point 28 on sheet 6 of the speed limits plans, for a total distance of 382 metres	National speed limit for single carriageways
St Erme Civil Parish	Unclassified road U6093 From point 39 to point 40 on sheet 7 of the speed limits plans, for a total distance of 140 metres	National speed limit for single carriageways
St Erme and St Newlyn East Civil Parishes	Existing A30 (T) From point 29 on sheet 7 of the speed limits plans to point 30 on sheet 8 of the speed limits plans, for a total distance of 654 metres	National speed limit for single carriageways
St Erme and St Newlyn East Civil Parishes	The new Carland Cross grade separated junction From point 31 to point 32 on sheet 8 of the speed limits plans, for a total distance of 155 metres	National speed limit for single carriageways
Kenwyn Civil Parish	A30 Trunk Road eastbound off-slip From point K to point L on sheet 3 of the speed limits plans, for a total distance of 486 metres	National speed limit for dual carriageways
Kenwyn Civil Parish	A30 Trunk Road westbound on-slip From point N to point M on sheet 3 of the speed limits plans, for a total distance of 374 metres	National speed limit for dual carriageways
St Erme and St Newlyn East Civil Parishes	A30 Trunk Road eastbound off-slip From point O to point P on sheet 8 of the speed limits plans, for a total distance of 569 metres	National speed limit for dual carriageways
St Erme and St Newlyn East Civil Parishes	A30 Trunk Road eastbound on-slip From point Q to point R on sheet 8 of the speed limits plans, for a total distance of 334 metres	National speed limit for dual carriageways
St Erme Civil Parish	A30 Trunk Road westbound on-slip From point S to point T on sheet 8 of the speed limits plans, for a total distance of 332 metres	National speed limit for dual carriageways
St Erme and St Newlyn East Civil Parishes	A30 Trunk Road westbound off-slip From point U to point V on sheet 8 of the speed limits plans, for a total distance of 611 metres	National speed limit for dual carriageways
Kenwyn Civil Parish	Chybucca grade separated junction northern roundabout At point 46 on sheet 3 of the speed limits plans, for a total distance of 106 metres	National speed limit for single carriageways
Kenwyn Civil Parish	Chybucca grade separated junction southern roundabout At point 47 on sheet 3 of the speed limits plans, for a total distance of 106 metres	National speed limit for single carriageways
St Newlyn East Civil Parish	Carland Cross grade separated junction northern roundabout At point 48 on sheet 8 of the speed limits plans, for a total distance of 163 metres	National speed limit for single carriageways
St Erme Civil Parish	Carland Cross grade separated junction southern roundabout At point 49 on sheet 8 of the speed limits plans, for a total distance of 206 metres	National speed limit for single carriageways

PART 6 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

(1) Area	(2) Road name, number and length	(3) Measures
Kenwyn, Perranzabuloe, St Allen, St Erme, St Newlyn East Civil Parishes	New A30 Trunk Road From point A on sheet 1 of the clearways plans to point B on sheet 8 of the clearways plans, for a total distance of 13820 metres	Clearway (to include verges and slip roads)
Perranzabuloe and Kenwyn Civil Parishes	A390 From point C to point D on sheet 1 of the clearways plans, for a total distance of 1078 metres	Clearway (to include verges and slip roads)
Kenwyn, Perranzabuloe, St Allen, St Erme and St Newlyn East Civil Parishes	New A30 Trunk Road From point A on sheet 1 to point B on sheet 8; point C to point D on sheet 1; point E to point F on sheet 3; point M to point N on sheet 3; point O to point P on sheet 1; point G to point H on sheet 8; and point L to point K on sheet 8 of the prohibitions plans	Prohibition of pedestrians, cyclists, horses and horse drawn vehicles
Perranzabuloe Civil Parish	Chiverton grade separated junction westbound off-slip At point 2 on sheet 1 of the prohibitions plans	Prohibition of entry
Kenwyn Civil Parish	Chybucca grade separated junction eastbound off-slip At point 5 on sheet 3 of the prohibitions plans	Prohibition of entry
St Erme Civil Parish	Carland Cross grade separated junction westbound off-slip At point 8 on sheet 8 of the prohibitions plans	Prohibition of entry
Perranzabuloe Civil Parish	Restricted byway at Chiverton grade separated junction At point 3 on sheet 1 of the prohibitions plans	Prohibition of vehicular access
Perranzabuloe Civil Parish	Restricted byway at Chiverton grade separated junction At point 4 on sheet 1 of the prohibitions plans	Prohibition of vehicular access
St Erme Civil Parish	Restricted byway at Carland Cross grade separated junction At point 6 and point 7 on sheet 8 of the prohibitions plans	Prohibition of vehicular access
St Newlyn East Civil Parish	Restricted byway from Carland Cross to Treventon Farm At point 9 on sheet 8 of the prohibitions plans	Prohibition of vehicular access
St Newlyn East Civil Parish	Restricted byway from Carland Cross to Treventon Farm At point 10 on sheet 8 of the prohibitions plans	Prohibition of vehicular access

PART 7 REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

(1) Area	(2) Road name, number and length	(3) Title of Order	(4) Revocations or variations
Kenwyn Civil Parish	A390 From point G to point D on sheet 1 of the clearways plans, for a total distance of 363 metres	The County of Cornwall (Truro) (Chiverton Cross) (Clearway) Order 2006 as amended by The County of Cornwall (Truro) (Chiverton Cross) (Clearway) (Amendment) Order 2011	Order to be varied to remove the existing clearway over this length

PART 8 PUBLIC RIGHTS OF WAY

(1) Area	(2) Status and length of public right of way
Perranzabuloe Civil Parish	Reference F (PR2) 135 metres restricted byway as shown on sheet 1 of the rights of way and access plans
Perranzabuloe Civil Parish	Reference L (PR3) 88 metres restricted byway as shown on sheet 1 of the rights of way and access plans
Perranzabuloe Civil Parish	Reference J (PR3) 90 metres restricted byway as shown on sheet 1 of the rights of way and access plans
Perranzabuloe Civil Parish	Reference S (PR4) 690 metres bridleway as shown on sheet 3 of the rights of way and access plans
Kenwyn Civil Parish	Reference Z (PR5) 20 metres footpath as shown on sheet 3 of the rights of way and access plans
St Allen Civil Parish	Reference BB (PR7) 350 metres bridleway as shown on sheet 4 of the rights of way and access plans
St Allen Civil Parish	Reference CC (PR8) 15 metres footpath as shown on sheet 4 of the rights of way and access plans
St Allen Civil Parish	Reference HH (PR9) 342 metres bridleway as shown on sheet 5 of the rights of way and access plans
St Allen Civil Parish	Reference JJ (PR10) 260 metres bridleway as shown on sheet 5 of the rights of way and access plans
St Allen Civil Parish	Reference KK (PR11) 103 metres bridleway as shown on sheet 5 of the rights of way and access plans
St Erme Civil Parish	Reference UU (PR14) 486 metres bridleway as shown on sheet 8 of the rights of way and access plans
St Erme and St Newlyn East Civil Parishes	Reference VV (PR15) 1127 metres bridleway as shown on sheet 8 of the rights of way and access plans
St Erme and St Newlyn East Civil Parishes	Reference WW (PR16) 90 metres footpath as shown on sheet 8 of the rights of way and access plans

Articles 16 and 27

SCHEDULE 4 PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

In relating this Schedule to the rights of way and access plans, the provisions described in this Schedule are shown on the rights of way and access plans in the following manner—

(a) Existing highways to be stopped up, as described in column (2) of Part 1 and Part 2 of this Schedule, are shown by thick black diagonal hatching (as shown in the key on the rights of way and access plans) over the extent of the area to be stopped up, which is described in column (3) of Part 1 and Part 2 of this Schedule.

(b) New highways which are to be substituted for a highway to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 2 of this Schedule, are shown by red cross-hatching (for trunk roads), black stippling (for other classified roads and highways) and solid blue shading (for public rights of way) (as shown in the key on the rights of way and access plans) and are given a reference label (a capital letter in a circle) and will be a road unless otherwise stated beneath its reference letter in column (4) of Part 2 of this Schedule.

(c) Private means of access to be stopped up, as described in column (2) of Parts 3 and 4 of this Schedule, are shown by solid black shading (as shown in the key on the rights of way and access plans) over the extent of stopping up described in column (3) of Parts 3 and 4 of this Schedule, and are given a reference label (a lower case letter in a circle).

(d) New private means of access to be substituted for a private means of access to be stopped up (or which are otherwise to be provided), as are included in column (4) of Part 4 of this Schedule, are shown by blue diagonal hatching (as shown in the key on the rights of way and access plans) and are given a reference label (a number in a circle).

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

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up
Kenwyn Civil Parish	Byway Open to All Traffic 309/25/2 (PR1)	Over its length of 50 metres to the south west of the existing Chiverton Cross roundabout and to the west of the existing A30(T), as shown on sheet 1 of the rights of way and access plans
Kenwyn Civil Parish	Bridleway 309/3/1 (PR6)	From its junction with the A30(T) south for 143 metres, as shown on sheet 3 of the rights of way and access plans
St Allen Civil Parish	Existing A30 slip road at the existing Two Barrows underbridge	For a length of 134 metres, as shown on sheet 5 of the rights of way and access plans
Kenwyn Civil Parish	Footpath 319/12/1 (PR12)	From its junction with the A30(T) to Trevalso Cottage over its entire length of 68 metres, as shown on sheet 6 of the rights of way and access plans
Kenwyn Civil Parish	Footpath 319/11/1 (PR13)	North of Honeycombe Farm over its entire length of 56 metres, as shown on sheet 6 of the rights of way and access plans

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

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up	(4) New highway to be substituted/provided
Rights of way and access plans – Sheet 1
Perranzabuloe Civil Parish	B3277	From Blackwater Roundabout to the existing Chiverton Cross Roundabout for a length of 156 metres including the northern section of the existing Chiverton Cross Roundabout	Reference A Re-aligned B3277 west of the existing Blackwater Roundabout for a length 851 metres including a new length of adjacent footway/cycleway within the verge for a length of 747 metres and an adjoining new length of footway/cycleway between the realigned B3277 and new A30 for a length of 94 metres
Perranzabuloe, Kenwyn Civil Parishes	A390	From a point 154 metres from the existing Chiverton Cross Roundabout including the southern section of the existing Chiverton Cross Roundabout	Reference B Re-aligned A390 east of the existing Chiverton Cross Roundabout for a length of 1078 metres including a new length of adjacent footway/cycleway within the verge for a length of 704 metres and an adjoining new length of footway/cycleway between the realigned A390 and existing footway/cycleway for a length of 21 metres
Perranzabuloe Civil Parish			Reference F (PR2) A new restricted byway underbridge north-south to allow access under the new A30 mainline and side roads, for a total length of 135 metres
Perranzabuloe Civil Parish	Existing A30	For a length of 850 metres from a point east of the existing Chiverton Cross Roundabout to the north of Roscarnick Farm	Reference G A new length of classified road (A30) for a length of 178 metres to the south of the new grade separated junction at Chiverton including a new length of adjacent footway/cycleway within the verge from the new grade separated junction at Chiverton for a length of 221 metres
Perranzabuloe Civil Parish			Reference H A new unclassified road to serve as access to Trevissome Park for a length of 70 metres from its junction with the new A30 (T)
Perranzabuloe Civil Parish	C0005	For a length of 32 metres from its junction with the existing A30 (T)	Reference I A new length of the C0005 for a length of 50 metres to the east of the new grade separated junction at Chiverton
Perranzabuloe Civil Parish			Reference J (PR3) A new restricted byway to the south of the new grade separated junction at Chiverton, for a total length of 90 metres
Perranzabuloe Civil Parish			Reference K A new circulatory carriageway on the new grade separated junction at Chiverton for a length of 479 metres including a new length of adjacent footway/cycleway within the eastern verge of the new grade separated junction at Chiverton for a length of 115 metres
Perranzabuloe Civil Parish			Reference L (PR3) A new restricted byway to the north of the new grade separated junction at Chiverton, for a total length of 88 metres
Perranzabuloe Civil Parish	U6072	For a length of 195 metres from the existing A3075	Reference M A new length of U6072 for a length of 99 metres from its junction with the realigned A3075
Perranzabuloe, Kenwyn Civil Parishes			Reference Z1 New A30 eastbound off-slip to the new grade separated junction at Chiverton for a length of 637 metres
Perranzabuloe Civil Parish			Reference Z2 New A30 eastbound on-slip from the new grade separated junction at Chiverton for a length of 399 metres
Perranzabuloe Civil Parish			Reference Z3 A30 westbound off-slip to the new grade separated junction at Chiverton for a length of 514 metres
Perranzabuloe Civil Parish			Reference Z4 A30 westbound on-slip from the new grade separated junction at Chiverton for a length of 471 metres
Perranzabuloe Civil Parish			Reference Z16 A new unclassified road to provide access to BOAT 314/1/1 for a length of 30 metres
Kenwyn, Perranzabuloe, St Allen, St Erme, St Newlyn East Civil Parishes			Reference ZZ A30 for a length of 13820 metres as shown on sheets 1 to 8 of the rights of way and access plans
Rights of way and access plans – Sheet 2
Perranzabuloe Civil Parish	A3075	From a point on the existing Chiverton Cross Roundabout to where it meets the existing A3075 for a length of 1480 metres, as shown on sheets 1 and 2 of the rights of way and access plans	Reference D Re-aligned A3075 north of the existing Chiverton Cross Roundabout for a length of 767 metres as shown on sheets 1 and 2 of the rights of way and access plans including a new length of adjacent footway/cycleway within the northern verge for a length of 317 metres between the new grade separated junction at Chiverton and the U6072 and a new length of adjacent footway/cycleway within the southern verge from the new grade separated junction at Chiverton for a length of 177 metres
Perranzabuloe, Kenwyn Civil Parishes	Existing A30	From a point at the existing Chybucca Junction for a length of 850 metres in a westerly direction, as shown on sheets 2 and 3 of the rights of way and access plans	Reference E Re-aligned A30 from a point at the existing Chybucca Junction for a length of 805 metres in a westerly direction, as shown on sheets 2 and 3 of the rights of way and access plans
Rights of way and access plans – Sheet 3
Perranzabuloe, Kenwyn Civil Parishes	B3284	For a length of 134 metres from its junction with the existing A30 (T)	Reference R A new length of re-aligned B3284 to the east of Callestick Vean for a length of 852 metres to the northern roundabout of the new grade separated junction at Chybucca including a new length of adjacent footway/cycleway within the verge from the new grade separated junction at Chybucca for a length of 201 metres
Perranzabuloe Civil Parish			Reference S (PR4) A new bridleway from west to east to connect BR314/64/1 and BR314/65/1, for a total length of 690 metres
Kenwyn Civil Parish	B3284	For a length of 290 metres to the south of the southern roundabout of the Chybucca grade separated junction	Reference T A new length of classified road (A30) to the west of the new grade separated junction at Chybucca to where it meets the southern roundabout of the new grade separated junction at Chybucca for a length of 245 metres including a new length of adjacent footway/cycleway within the verge from the new grade separated junction at Chybucca for a length of 50 metres
Kenwyn Civil Parish			Reference U A new length of B3284 for a length of 147 metres from its junction with the southern roundabout of the new grade separated junction at Chybucca including a new length of adjacent footway/cycleway within the verge from the new grade separated junction at Chybucca for a length of 165 metres
Kenwyn Civil Parish			Reference V A new link between the northern and southern roundabouts on the new grade separated junction at Chybucca for a length of 148 metres including a new length of adjacent footway/cycleway within the eastern verge for a length of 211 metres
Kenwyn Civil Parish	Existing A30 (T)	For a length 379 metres from a point south of Creegmeor Farm to a point east of the northern roundabout of the new grade separated junction at Chybucca	Reference W A new length of classified road (A30) from its junction with the northern roundabout of the new grade separated junction at Chybucca for a length of 150 metres including a new length of adjacent footway/cycleway within the verge from the new grade separated junction at Chybucca for a length of 160 metres
Kenwyn Civil Parish			Reference Z (PR5) A new footpath with adjacent hard surface slope to connect to BR314/65/1 at Creegmeor Farm, for a total length of 20 metres
Kenwyn Civil Parish			Reference EE A new circulatory carriageway on the northern roundabout of the new grade separated junction at Chybucca for a length of 106 metres
Kenwyn Civil Parish			Reference GG A new circulatory carriageway on the southern roundabout of the new grade separated junction at Chybucca for a length of 106 metres
Kenwyn Civil Parish			Reference Z5 A30 eastbound off-slip to the new grade separated junction at Chybucca for a length of 490 metres
Kenwyn Civil Parish			Reference Z6 A30 westbound on-slip from the new grade separated junction at Chybucca for a length of 383 metres
Rights of way and access plans – Sheet 4
Kenwyn Civil Parish	C0049	From a point 311 metres from its junction with the existing A30 (T)	Reference AA A new side road to redirect 367 metres of C0049
Perranzabuloe Civil Parish	U6082 and FP 319/16/1	U6082 for a length of 107 metres from its junction with existing A30 (T) FP 319/16/1 for a length of 68 metres from its junction with the existing A30 (T)	Reference BB (PR7) A new bridleway over a green bridge north of the existing A30 (T) in a southerly direction, for a total length of 350 metres
St Allen Civil Parish			Reference CC (PR8) A new footpath to join a new bridleway over a green bridge, for a total length of 15 metres
Perranzabuloe Civil Parish	C0364	From a point east of the telecommunication mast for a length of 365 metres, as shown on sheet 5 of the rights of way and access plans	Reference DD Re-aligned A30 for a length of 1159 metres from a point to the east of Elmsleigh to a point east of Tolgroggan Farm, as shown on sheets 4 and 5 of the rights of way and access plans
St Allen Civil Parish			Reference Z18 Widening of the U6082 for a length of 30 metres north of the property known as Burnetts
Rights of way and access plans – Sheet 5
Perranzabuloe Civil Parish	C0089	For a length of 96 metres from its junction with the existing A30 (T)	Reference DD Re-aligned A30 for a length of 1159 metres from a point to the east of Elmsleigh to a point east of Tolgroggan Farm, as shown on sheets 4 and 5 of the rights of way and access plans
St Allen Civil Parish	Bridleway 319/9/1	From the intersection with BR319/9/1 along its length south of the existing A30(T) for a total length of 320 metres	Reference HH (PR9) A new bridleway for a total length of 342 metres
St Allen Civil Parish	Bridleway 319/1/1	From a point 50 metres east of the Chapel along its length for a total distance of 214 metres	Reference JJ (PR10) A new bridleway from a point 40 metres east of the Chapel in an easterly direction for a total length of 260 metres
St Allen Civil Parish	U6083	For a length of 67 metres from its junction with the existing A30 (T)	Reference KK (PR11) A new bridleway as an underbridge for a total length of 103 metres
St Allen Civil Parish			Reference LL A new length of U6083 for a length of 75 metres
Rights of way and access plans – Sheet 6
St Allen Civil Parish	C0364	For length of 167 metres from its junction with the existing A30 (T)	Reference MM A new length of C0364 from its junction with the existing A30 (T) for a length of 243 metres
St Allen Civil Parish	U6083	For a length of 76 metres from its junction with the existing A30 (T)	Reference NN A new length of U6083 for a length of 220 metres from a point to the west of Trevalso Farm to where it meets the new length of C0364
St Allen Civil Parish	C0075	For a length of 325 metres from its junction with the existing A30 (T)	Reference OO A new length of C0075 for a length of 380 metres from its junction with the existing A30 (T)
Rights of way and access plans – Sheet 7
St Erme Civil Parish	U6093	For a total length of 284 metres from its junction with the existing A30 (T)	Reference PP A length of new U0693 for a length of 140 metres south of the existing A30 (T)
Rights of way and access plans – Sheet 8
St Erme, St Newlyn East Civil Parishes	Existing A30 (T)	For a length of 624 metres westbound from its junction with the existing Carland Cross Roundabout as shown on sheets 7 and 8 of the rights of way and access plans	Reference QQ A length of re-aligned A30 from a point to the east of Four Winds to the northern roundabout of the new grade separated junction at Carland Cross for a length of 654 metres as shown on sheets 7 and 8 of the rights of way and access plans
St Erme, St Newlyn East Civil Parishes			Reference SS The new link between the new northern roundabout and the reconfigured southern roundabout at the new grade separated junction at Carland Cross for a length of 155 metres
St Erme, St Newlyn East Civil Parishes			Reference TT New circulatory carriageway on the northern roundabout of the new grade separated junction at Carland Cross for a length of 163 metres
St Erme Civil Parish			Reference UU (PR14) A new bridleway through an underbridge from a point 80 metres north of the existing A30(T) to a point east of the existing Carland Cross roundabout, for a total length of 486 metres including equine refuges
St Erme, St Newlyn East Civil Parishes			Reference VV (PR15) A new bridleway south of the existing A30(T) to its junction north of Treventon Farm, for a total length of 1127 metres
St Erme, St Newlyn East Civil Parishes			Reference WW (PR16) A new footpath south of the existing A30(T) west of the existing Carland Cross junction for a total length of 90 metres
St Erme, St Newlyn East Civil Parishes			Reference Z7 A30 eastbound off-slip to the new grade separated junction at Carland Cross for a length of 570 metres
St Erme, St Newlyn East Civil Parishes			Reference Z8 A30 eastbound on-slip from the new grade separated junction at Carland Cross for a length of 366 metres
St Erme, St Newlyn East Civil Parishes	Existing A30	For a length of 503 metres eastbound from the junction with the existing Carland Cross Roundabout	Reference Z9 A30 westbound off-slip to the new grade separated junction at Carland Cross for a length of 624 metres
St Erme Civil Parish			Reference Z10 A30 westbound on-slip from the new grade separated junction at Carland Cross for a length of 355 metres

PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up
Kenwyn Civil Parish	Reference d Access to field south of the existing A30 (T) from the existing B3284, as shown on sheet 3 of the rights of way and access plans	From the existing B3284 for a length of 28 metres as shown on sheet 3 of the rights of way and access plans

PART 4 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

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up	(4) New private means of access to be substituted/provided
Rights of way and access plans – Sheet 1
Perranzabuloe Civil Parish	Reference a Access to Silversprings north of the A3075	At a point north west of the junction with the A3075 for a length of 73 metres	Reference 1 A new private access to Silversprings to the north east of the existing Chiverton Cross Roundabout, 113 metres south west of its existing access
Perranzabuloe and Kenwyn Civil Parishes	Reference b Access to Three Burrows south east of the existing A30(T) and to the north east of the existing Chiverton Cross Roundabout	At a point south east with the A30(T) for a length of 20 metres	Reference 25 A new private access to Three Burrows to the north east of the existing Chiverton Cross Roundabout to the south of its existing access for a length of 12 metres
Rights of way and access plans – Sheet 2
Perranzabuloe Civil Parish			Reference 2 A new private access to the field west of the A3075 for a length of 13 metres
Perranzabuloe Civil Parish			Reference 3 A new private access to the field east of the A3075 for a length of 14 metres
Rights of way and access plans – Sheet 3
Perranzabuloe Civil Parish	Reference c Access to Creegmeor Farm	At a point to the north of the existing A30(T) for a length of 76 metres	Reference 4 A new private access to the north of the B3284 at Callestick Vean for a length of 690 metres to Creegmeor Farm
Kenwyn Civil Parish			Reference 5 A new private access to the field south of the re-aligned A30 for a length of 11 metres
Kenwyn Civil Parish			Reference 6 A new private access to the south of the new grade separated junction at Chybucca from the re-aligned B3284 for a length of 95 metres
Kenwyn Civil Parish			Reference 26 A new private access to the field south of the re-aligned A30 for a length of 11 metres
Rights of way and access plans – Sheet 4
St Allen and Kenwyn Civil Parishes	Reference e Access to Nanteague Farm	At a point south of the existing A30(T) at Town and Country Motors for a total length of 272 metres	Reference 7 A new private access to the south of the existing A30(T), 475 metres to the west of the existing access, north east for a length of 1160 metres
St Allen Civil Parish	Reference e Access to Nanteague Farm	At a point south of the existing A30(T) at Town and Country Motors for a length of 272 metres as shown on sheet 3 of the rights of way and access plans	Reference 8 A new private access to Nanteague Farm for a length of 22 metres
St Allen Civil Parish	Reference e Access to Nanteague Farm	At a point south of the existing A30(T) at Town and Country Motors for a length of 272 metres	Reference 9 A new private access to Nanteague Solar Farm for a length of 7 metres
St Allen Civil Parish	Reference h Access to Nancarrow Farm	At a point to the south of the existing A30(T) to the east of Elmsleigh for a length of 83 metres	Reference 10 A new private access to Nancarrow Farm south of the existing A30(T), 210 metres south west of the existing access, north east for a length of 200 metres
St Allen Civil Parish			Reference 27 A new private access to a telecommunications mast for a length of 5.4 metres
Rights of way and access plans – Sheet 5
Perranzabuloe Civil Parish	Reference i Access to O2 Telecommunications Mast	At a point to the north of the existing A30(T) to the west of Chyverton Lodge for a length of 4 metres	Reference 11 A new private access to a telecommunications mast to the north of the realigned A30 for a length of 6 metres
Perranzabuloe Civil Parish			Reference 12 A private access to Bracken Woods from the realigned C0364 for a length of 118 metres
Perranzabuloe Civil Parish			Reference 13 A private access to Chyverton Park and Chyverton Lodge from the realigned C0364 for a length of 23 metres
St Allen Civil Parish	Reference j Access to the property known as Tolgroggan Farm	At a point to the south of C0364 and to the east of The Chapel for a length of 214 metres	Reference 14 A new private access to Tolgroggan Farm to the south of C0364, 52 metres south east of the existing access, south east for a length of 260 metres
St Allen Civil Parish			Reference 15 A new private access to Tolgroggan Farm to the south of the new A30 for a length of 342 metres
St Allen Civil Parish			Reference 16 A new private access to Trevalso Farm to the south of Church Lane for a length of 182 metres
Rights of way and access plans – Sheet 6
St Allen Civil Parish			Reference 17 A new private access to Trevalso Farm to the east of U6083 for a length of 776 metres
St Allen Civil Parish			Reference 18 A new private access to Pennycomequick from C0075 for a length of 29 metres
St Allen Civil Parish	Reference k Access track from unnamed road C0075 to field access	At a point south of the existing A30(T) to the south east of Pennycomequick for a length of 35 metres	Reference 19 A new private access to field to the south of the A30(T), 80 metres from the existing access for a length of 13 metres
St Allen Civil Parish			Reference 20 A new private access to the field south of Pennycomequick from the stopped C0075 for a length of 9 metres
St Allen Civil Parish			Reference 28 A new private access to the field south of the A30(T) to the east of Pennycomequick for a length of 7 metres
Rights of way and access plans – Sheet 8
St Newlyn East and St Erme Civil Parishes	Reference l Access to Carland Cross Wind Farm	At a point north west of the existing Carland Cross Roundabout for a total length of 1075 metres	References 21, 22, 23 A new private access to wind turbines at Carland Cross Wind Farm 205 metres to the north of the existing Carland Cross roundabout for a total length of 506 metres
St Newlyn East Civil Parish	Reference m Access to Treventon Farm	At a point to the south of the existing A30(T) to the north of Rosehill Farm for a length of 585 metres	Reference 24 A new private access to Treventon Farm to the south of the existing A30(T) for a distance of 871 metres to the north of Rosehill Farm
St Newlyn East Civil Parish			Reference 29 A new private access to Newlyn Downs / Trewithen Estate to the north of the existing Carland Cross roundabout for a length of 10 metres

Article 26

SCHEDULE 5 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

(1) Plot reference number shown on land plans	(2) Purpose for which rights over land may be acquired	(3) Relevant part of the authorised development
Land Plans – Sheet 1
1/1	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(a)
1/1a	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(a)
1/1b	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(a)
1/1c	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(a)
1/1d	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(a)
1/1g	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(a)
1/1h	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(a)
1/7	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(b)
1/8	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(b)
1/9b	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work No. 16
1/9c	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work Nos. 1(b) and 16
1/10b	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work Nos. 1(cc) and 14
1/10c	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work No. 14
1/10h	New right to construct, use, protect, inspect and maintain a new electrical pole and equipment for the benefit of Western Power Distribution	Work No. 15
1/10k	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 16
Land Plans – Sheet 2
2/3b	New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 1(cc)
2/3p	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(c)
2/6	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(c)
2/6a	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(c)
2/7c	New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 1(cc)
2/7d	New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 1(cc)
Land Plans – Sheet 3
3/3a	New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 1(cc)
3/3c	New right to construct, use, protect, inspect and maintain a new electrical pole and equipment for the benefit of Western Power Distribution	Work No. 19
3/3g	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work Nos. 1(d) and 2(d)
3/3k	New right to construct, use, protect, inspect and maintain a new private means of access north of the B3284 at Callestick Vean to Creegmeor Farm New right to construct, use, protect, inspect and maintain a new bridleway (PR4) from west to east to connect BR314/64/1 and BR314/65/1	Work No. 4
3/4b	New right to construct, use, protect, inspect and maintain a new culvert, ditch and equipment	Work No. 1(cc)
3/5	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work Nos. 1(d) and 2(d)
3/5a	New right to construct, use, protect, inspect and maintain a new drainage ditch and equipment	Work No. 1(bb)
3/5b	New right to construct, use, protect, inspect and maintain a new private means of access north of the B3284 at Callestick Vean to Creegmeor Farm New right to construct, use, protect, inspect and maintain a new bridleway (PR4) from west to east to connect BR314/64/1 and BR314/65/1	Work No. 4
Land Plans – Sheet 4
4/4f	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
4/4k	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
4/4q	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
4/4v	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
4/8d	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
4/8j	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
4/9	New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 1(cc)
4/9e	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited New right to construct, use, protect, inspect and maintain a new culvert and equipment	4/9e
4/9f	New right to demolish existing structure and construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
4/10	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
4/10f	New right to construct, use, protect, inspect and maintain a private access to Nanteague Farm New right of access with or without vehicles plant and machinery for the benefit of KS SPV 11 Limited	Work No. 1
4/10g	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work Nos. 1(bb) and 22
4/10h	New right to construct, use, protect, inspect and maintain a new drainage ditch and equipment	Work No. 1(bb)
4/10k	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(e)
4/10m	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(e)
4/10n	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	4/10n
4/10r	New right to construct, use, protect, inspect and maintain a private access to Nanteague Farm New right of access with or without vehicles plant and machinery for the benefit of KS SPV 11 Limited	Work No. 1
4/10s	New right to construct, use, protect, inspect and maintain a new gas pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
4/10t	New right to construct, use, protect, inspect and maintain a private access to Nanteague Farm New right of access with or without vehicles plant and machinery for the benefit of KS SPV 11 Limited	Work No. 1
Land Plans – Sheet 5
5/2a	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
5/2g	New right to construct, use, protect, inspect and maintain a private access to Nanteague Farm New right of access with or without vehicles plant and machinery for the benefit of KS SPV 11 Limited New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work Nos. 1 and 1(cc)
5/2h	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of Wales and West Utilities Limited	Work No. 22
5/2j	New right to construct, use, protect, inspect and maintain a private access to Nanteague Farm New right of access with or without vehicles plant and machinery for the benefit of KS SPV 11 Limited New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work Nos. 1 and 1(cc)
5/3	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 25
5/7a	New right to construct, use, protect, inspect and maintain a new bat roost and equipment	Work No. 1
5/7b	New right to construct, use, protect, inspect and maintain a new bridleway (PR7) and a new footpath	Work No. 1(m)
5/7g	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(f)
5/7h	New right to construct, use, protect, inspect and maintain a new bridleway (PR7) and a new footpath	Work No. 1(m)
5/8a	New right to construct, use, protect, inspect and maintain a new bridleway (PR7) and a new footpath	Work No. 1(m)
5/8b	New right to construct, use, protect, inspect and maintain a new bridleway (PR7) and a new footpath	Work No. 1(m)
5/9b	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(f)
5/11	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(f)
5/11a	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(f)
Land Plans – Sheet 6
6/1g	New right to construct, use, protect, inspect and maintain a new bridleway New right to construct, use, protect, inspect and maintain a private access to fields for Boswellick Farm	Work No. 1
6/1r	New right to construct, use, protect, inspect and maintain a new drainage ditch and equipment	Work No. 1(bb)
6/7f	New right to construct, use, protect, inspect and maintain a new bridleway New right to construct, use, protect, inspect and maintain a private access to fields for Boswellick Farm	Work No. 1
6/8a	New right to construct, use, protect, inspect and maintain a new bridleway New right to construct, use, protect, inspect and maintain a private access to fields for Boswellick Farm	Work No. 1
6/10a	New right to construct, use, protect, inspect and maintain a new bridleway New right to construct, use, protect, inspect and maintain a private access to fields for Boswellick Farm	Work No. 1
6/10f	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(g)
6/11g	New right to construct, use, protect, inspect and maintain a private access to fields for Trevalso Farm	Work No. 1
6/11h	New right to construct, use, protect, inspect and maintain a private access to fields for Trevalso Farm	Work No. 1
6/11j	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work No. 36
6/11n	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work No. 36
6/11p	New right to construct, use, protect, inspect and maintain a private access to fields for Trevalso Farm	Work No. 1
6/11q	New right to construct, use, protect, inspect and maintain a new drainage ditch and equipment	Work No. 1(bb)
Land Plans – Sheet 7
7/2	New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution	Work No. 37
7/3b	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work No. 36
7/3e	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water New right to construct, use, protect, inspect and maintain a private access to fields for Trevalso Farm	Work No. 36
7/3f	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work No. 36
7/3g	New right to construct, use, protect, inspect and maintain a new drainage pipeline and equipment	Work No. 10(c)
7/3k	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 10(c)
7/3m	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 10(c)
7/3n	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 10(c)
7/3r	New right to construct, use, protect, inspect and maintain a new drainage outlet ditch and equipment	Work No. 10(c)
7/3s	New right to construct, use, protect, inspect and maintain a new drainage outlet ditch and equipment	Work No. 10(c)
7/3t	New right to construct, use, protect, inspect and maintain a new drainage outlet ditch and equipment	Work No. 10(c)
7/3u	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work No. 36
7/3v	New right to construct, use, protect, inspect and maintain a new drainage outlet ditch and equipment	Work No. 10(c)
7/3x	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water New right to construct, use, protect, inspect and maintain a private access to fields for Trevalso Farm	Work No. 36
7/3y	New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 1(cc)
7/3z	New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 1(cc)
7/3aa	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work Nos. 10(d) and 36
7/4c	New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution	Work No. 40
7/7	New right to construct, use, protect, inspect and maintain a new drainage outlet ditch and equipment	Work No. 10(c)
7/9	New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution	Work No. 40
Land Plans – Sheet 8
8/2c	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton.
8/3k	New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 1(cc)
8/3m	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(i)
8/3n	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and ditch and equipment	Work No. 1(i)
8/6b	New right to construct, use, protect, inspect and maintain a new drainage outlet ditch and equipment	Work No. 1(i)
8/6e	New right to construct, use, protect, inspect and maintain new electrical apparatus and equipment for the benefit of Western Power Distribution	Work No. 43
Land Plans – Sheet 9
9/1s	New right to construct, use, protect, inspect and maintain a new culvert and equipment	Work No. 1(cc)
9/2c	New right to construct, use, protect, inspect and maintain a new water pipeline and equipment for the benefit of South West Water	Work No. 45
Land Plans – Sheet 10
10/1t	New right of access with or without vehicles plant and machinery	Work No. 1(l)
10/2	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(l)
10/2a	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(l)
10/3	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(l)
10/3b	New right to construct, use, protect, inspect and maintain a new drainage outlet pipeline and equipment	Work No. 1(l)
10/3d	New right of access with or without vehicles plant and machinery	Work No. 1(l)

Article 26

SCHEDULE 6 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, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation for the compulsory purchase of land and interests in land.

2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

“(5A) If—

(a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965 (as modified by paragraph 5(5) of Schedule 6 to the A30 Chiverton to Carland Cross Development Consent Order 2020 (the “2020 Order”));

(b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the Compulsory Purchase Act 1965 (as substituted by paragraph 5(8) of Schedule 6 to the 2020 Order) to acquire an interest in the land; and

(c) the acquiring authority enter on and take possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.”.

3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973(5) has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(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”.

Application of Part 1 of the 1965 Act

4.  Part 1 of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 29 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 23 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 26(1) (compulsory acquisition of rights)—

(a) with the modifications specified in paragraph 5; and

(b) with such other modifications as may be necessary.

5.—(1) The modifications referred to in paragraph 4(a) are as follows.

(2) References in the 1965 Act to land are, in the appropriate contexts, to be 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 the restriction imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restriction is or is to be enforceable.

(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

“7.   In assessing the compensation to be paid by the acquiring authority under this Act, regard must 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 restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance 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.”.

(4) 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.

(5) Section 11(6) (powers of entry) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 23), 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; and sections 11A(7) (powers of entry: further notices of entry), 11B(8) (counter-notice requiring possession to be taken on specified date), 12(9) (unauthorised entry) and 13(10) (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20(11) (tenants at will, etc.) of the 1965 Act 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.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 29(4) is also 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 or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A of the 1965 Act substitute—

“SCHEDULE 2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT IN NOTICE TO TREAT

Introduction

1.— (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 30 (application of the 1981 Act) of the A30 Chiverton to Carland Cross Development Consent Order 2020 in respect of the land to which the notice to treat relates.

(2) But see article 31(3) (acquisition of subsoil or airspace only) of the A30 Chiverton to Carland Cross Development Consent Order 2020 which excludes the acquisition of subsoil or airspace only from this Schedule.

2.   In this Schedule, “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3.   A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory.

4.   A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5.   On receiving a counter-notice, the acquiring authority must decide whether to—

(a) withdraw the notice to treat,

(b) accept the counter-notice, or

(c) refer the counter-notice to the Upper Tribunal.

6.   The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7.   If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8.   If the authority do not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period.

9.   If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.

Determination by the Upper Tribunal

10.   On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right of the imposition of the restrictive covenant would—

(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11.   In making the determination, the Upper Tribunal must take into account—

(a) the effect of the acquisition of the right or the imposition of the covenant,

(b) the use to be made of the right or covenant proposed to be acquired or imposed, and

(c) if the right or 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 of the other land.

12.   If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take.

13.   If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.

14.— (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawing of the notice.

15.   Any dispute as to the compensation is to be determined by the Upper Tribunal.”.

Article 33

SCHEDULE 7 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Plot Reference Number shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Land Plans – Sheet 1
Perranzabuloe, Kenwyn Civil Parishes	1/1k	The provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned B3277	Work No. 3(f)
Perranzabuloe, Kenwyn Civil Parishes	1/1q	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned B3277	Work No. 3(f)
Perranzabuloe Civil Parish	1/1t	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned B3277	Work No. 3(f)
Kenwyn Civil Parish	1/1aa	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A390	Work No. 3(i)
Kenwyn Civil Parish	1/1ac	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site generated waste	Work No. 1(x)
Perranzabuloe Civil Parish	1/1am	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe Civil Parish	1/6	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned B3277	Work No. 3(f)
Perranzabuloe Civil Parish	1/9	Required for the construction of a new private means of access to Silversprings and boundary treatment for the realigned B3277	Work No. 3(f)
Perranzabuloe Civil Parish	1/9d	Required for the provision of and to provide working space and temporary access for works associated with the improvement of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	1/10a	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned A390	Work No. 3(i)
Perranzabuloe, Kenwyn Civil Parishes	1/10d	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned A390	Work No. 3(i)
Perranzabuloe, Kenwyn Civil Parishes	1/10m	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned A390	Work No. 3(i)
Perranzabuloe Civil Parish	1/15	Required for the provision of and to provide working space and temporary access for works associated with the improvement of the boundary treatment for the realigned A3075	Work No. 3(g)
Land Plans – Sheet 2
Perranzabuloe Civil Parish	2/1	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton	-
Perranzabuloe Civil Parish	2/3c	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned unclassified road U6072	Work No. 3(j)
Perranzabuloe Civil Parish	2/3n	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned A3075	Work No. 3(g)
Perranzabuloe Civil Parish	2/3r	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Perranzabuloe Civil Parish	2/3t	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Perranzabuloe Civil Parish	2/3u	Required for the provision of and to provide working space and temporary access for works associated with the provision of gated access from the A3075	Work No. 3(g)
Perranzabuloe Civil Parish	2/3w	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Perranzabuloe Civil Parish	2/3y	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned unclassified road U6072	Work No. 3(j)
Perranzabuloe Civil Parish	2/7	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Perranzabuloe Civil Parish	2/7a	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Perranzabuloe Civil Parish	2/7b	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the new A30	Work No. 1
Perranzabuloe Civil Parish	2/7f	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Perranzabuloe Civil Parish	2/7g	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the new A30	Work No. 1
Perranzabuloe Civil Parish	2/8	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Land Plans – Sheet 3
Perranzabuloe Civil Parish	3/1	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton	-
Kenwyn Civil Parish	3/1e	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/1q	Required for the provision of and to provide working space and temporary access for works associated with the provision of a new private means of access and the construction of drainage culverts	Work Nos. 1(bb) and 2(a)
Kenwyn Civil Parish	3/1t	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A30	Work No. 2(a)
Perranzabuloe Civil Parish	3/2	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	3/2b	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/2c	Required for the provision of and to provide working space and temporary access for works associated with the provision of a new private means of access and the construction of drainage culverts	Work Nos. 1(bb) and 2(a)
Kenwyn Civil Parish	3/2d	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/2e	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/2f	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/2h	Required for the construction of a new private means of access	Work No. 2(a)
Kenwyn Civil Parish	3/2k	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned A30	Work No. 4(j)
Kenwyn Civil Parish	3/2m	Required to provide temporary road for works associated with the construction of the new grade separated dumbbell junction at Chybucca	Work No. 4
Perranzabuloe Civil Parish	3/3	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Perranzabuloe Civil Parish	3/3n	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	3/4	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/4e	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/4g	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/6a	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/6b	Required for the provision of and to provide working space and temporary access for works associated with the provision of a new private means of access and the construction of drainage culverts	Work No. 2(a)
Kenwyn Civil Parish	3/6d	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the realigned A30	Work No. 2(a)
Kenwyn Civil Parish	3/9b	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned A30	Work No. 4(j)
Kenwyn Civil Parish	3/9c	Required to provide temporary road for works associated with the construction of the new grade separated dumbbell junction at Chybucca	Work No. 4
Land Plans – Sheet 4
Perranzabuloe, St Allen, Kenwyn Civil Parishes	4/1a	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Kenwyn Civil Parish	4/1c	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe Civil Parish	4/1d	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe Civil Parish	4/1e	Required for the realignment of the Allet Road	Work No. 6(b)
Perranzabuloe Civil Parish	4/1f	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe, St Allen Civil Parishes	4/1k	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	4/1m	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe, Kenwyn Civil Parishes	4/1n	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe Civil Parish	4/2	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned B3284	Work No. 4(g)
Kenwyn Civil Parish	4/3a	Required for the construction of a new private means of access	Work No. 4
Kenwyn Civil Parish	4/3b	Required for the construction of a new private means of access	Work No. 4
Kenwyn Civil Parish	4/3c	Required to provide temporary road for works associated with the construction of the new grade separated dumbbell junction at Chybucca	Work No. 4
Kenwyn Civil Parish	4/4	Required for the construction of a new private means of access	Work No. 4
Kenwyn Civil Parish	4/4c	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	4/4d	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	4/4e	Required for the provision of and to provide working space and temporary access for works associated with the provision of a gated access	Work No. 1
Kenwyn Civil Parish	4/4g	Required to provide temporary road for works associated with the construction of the new grade separated dumbbell junction at Chybucca	Work No. 4
Kenwyn Civil Parish	4/4j	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	4/4n	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	4/4p	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	4/4r	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30 and the stopping up of northern section of existing Bridleway BR309/3/1 north of the proposed A30 mainline	Work No. 1
Kenwyn Civil Parish	4/4u	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30 and the stopping up of northern section of bridleway BR309/3/1 south of the proposed A30 mainline	Work No. 1
Kenwyn Civil Parish	4/4w	Required for the stopping up of northern section of bridleway BR309/3/1 north of the proposed A30 mainline	Work No. 6(e)
Perranzabuloe, Kenwyn Civil Parishes	4/5a	Required to provide temporary road for works associated with the construction of the new grade separated dumbbell junction at Chybucca	Work No. 4
Kenwyn Civil Parish	4/6a	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe, Kenwyn Civil Parishes	4/6b	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Kenwyn Civil Parish	4/6c	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Kenwyn Civil Parish	4/6e	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Kenwyn Civil Parish	4/6j	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Kenwyn Civil Parish	4/8a	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30 and the stopping up of northern section of bridleway BR309/3/1 north of the proposed A30 mainline	Work No. 1
Kenwyn Civil Parish	4/8c	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30 and the stopping up of northern section of bridleway BR309/3/1 south of the proposed A30 mainline	Work No. 1
Kenwyn Civil Parish	4/8e	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the	Kenwyn Civil Parish
Kenwyn Civil Parish	4/8f	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	4/8h	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	4/8k	Required for the provision of and to provide working space and temporary access for works associated with the provision of the new land drainage ditch and boundary treatment for the conversion of the Allet Road to an emergency access track	Work No. 6(c)
Kenwyn Civil Parish	4/8n	Required for the stopping up of northern section of bridleway BR309/3/1 north of the proposed A30 mainline	Work No. 6(e)
Kenwyn Civil Parish	4/9a	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 1
Kenwyn Civil Parish	4/9b	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	4/9d	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Kenwyn Civil Parish	4/9g	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Land Plans – Sheet 5
St Allen Civil Parish	5/1	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe Civil Parish	5/1a	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe, St Allen Civil Parishes	5/1b	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe Civil Parish	5/1c	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe Civil Parish	5/1d	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe, St Allen Civil Parishes	5/1e	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1f	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1g	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1h	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1j	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1k	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1m	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1n	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1p	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1q	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1r	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	5/1s	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe and St Allen Civil Parishes	5/1u	Required for access and traffic management during construction	Work No. 1(m)
St Allen Civil Parish	5/2c	Required for the construction of a new private means of access	Work No. 1
Perranzabuloe Civil Parish	5/3a	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 1(y)
St Allen Civil Parish	5/5	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 1(m)
Perranzabuloe and St Allen Civil Parishes	5/5a	Required for access and traffic management during construction	Work No. 1(m)
Perranzabuloe Civil Parish	5/6	Required for access and traffic management during construction	Work No. 1(m)
St Allen Civil Parish	5/7d	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Land Plans – Sheet 6
St Allen Civil Parish	6/1h	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 9(b)
St Allen Civil Parish	6/1j	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 9(b)
St Allen Civil Parish	6/1k	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	6/1m	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	6/1n	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	6/1q	Required for the construction of a new private means of access	Work No. 1
St Allen Civil Parish	6/1s	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	6/1w	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
Perranzabuloe, St Allen Civil Parishes	6/2a	Works associated with a length of new highway to unnamed road	Work No. 2(b)
Perranzabuloe, St Allen Civil Parishes	6/2b	Works associated with a length of new highway to unnamed road	Work No. 2(b)
Perranzabuloe Civil Parish	6/3a	Works associated with a length of new highway to unnamed road	Work No. 2(b)
St Allen Civil Parish	6/4b	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Perranzabuloe, St Allen Civil Parishes	6/4c	Works associated with a length of new highway to unnamed road	Work No. 2(b)
St Allen Civil Parish	6/4e	Works associated with a length of new highway to unnamed road	Work No. 2(b)
St Allen Civil Parish	6/4f	Works associated with a length of new highway to unnamed road	Work No. 2(b)
St Allen Civil Parish	6/7b	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 1(z)
St Allen Civil Parish	6/7c	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
St Allen Civil Parish	6/7g	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned bridleway and new private means of access	Work No. 1
St Allen Civil Parish	6/10b	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the realigned bridleway and new private means of access	Work No. 1
St Allen Civil Parish	6/10c	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 9(b)
St Allen Civil Parish	6/10e	Required to construct a new drainage ditch	Work No. 1(bb)
St Allen Civil Parish	6/11a	Required to construct a new drainage ditch	Work No. 1(bb)
St Allen Civil Parish	6/11b	Required for the construction of a new private means of access	Work No. 1
St Allen Civil Parish	6/11f	Required for the construction of a new private means of access	Work No. 1
Land Plans – Sheet 7
St Allen Civil Parish	7/1	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1h	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1j	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1k	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1m	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1n	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1p	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1q	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1r	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1w	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/1x	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	7/3ab	Required for the construction of a new private means of access	Work No. 1
St Allen Civil Parish	7/3ac	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
St Allen Civil Parish	7/3q	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 10(d)
St Allen Civil Parish	7/9b	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
St Allen Civil Parish	7/9c	Required for the provision of and to provide working space and temporary access for works associated with the provision of a gated access	Work No. 11
St Allen Civil Parish	7/9d	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 11
St Allen Civil Parish	7/9f	Required for works to cap mineshafts	Work No. 1(ff)
St Allen Civil Parish	7/9g	Required for works to cap mineshafts	Work No. 1(ff)
St Allen Civil Parish	7/10a	Required for works to cap mineshafts	Work No. 1(ff)
St Allen Civil Parish	7/11	Required for works to cap mineshafts	Work No. 1(ff)
Land Plans – Sheet 8
St Erme Civil Parish	8/1	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Erme Civil Parish	8/1a	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Erme Civil Parish	8/1b	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Allen Civil Parish	8/2d	Required for the construction of a new private means of access and landscaping	Work No. 11(a)
St Allen Civil Parish	8/2e	Required for the construction of a new private means of access and landscaping	Work No. 11(a)
St Allen Civil Parish	8/2f	Required for the construction of a new private means of access and landscaping	Work No. 11(a)
St Allen Civil Parish	8/2h	Required for the provision of landscaping	Work Nos. 11(a) and 11(e)
St Allen Civil Parish	8/2j	Required for the provision of landscaping	Work Nos. 11(a) and 11(e)
St Allen Civil Parish	8/2k	Required for the provision of landscaping	Work Nos. 11(a) and 11(e)
St Erme Civil Parish	8/3a	Required to provide working space and temporary access for works associated with the provision of ecological mitigation	Work No. 1
St Erme Civil Parish	8/3b	Required to provide working space and temporary access for works associated with the provision of ecological mitigation	Work No. 1
St Erme Civil Parish	8/6d	Required for works to cap mineshafts	Work No. 1(ff)
St Erme Civil Parish	8/6g	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
Land Plans – Sheet 9
St Erme Civil Parish	9/1	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Erme Civil Parish	9/1a	Required for all purposes associated with the de-trunking of the existing A30 between Carland Cross and Chiverton
St Erme Civil Parish	9/1q	Required for the construction of advance direction sign associated with the re-configuration of the existing Carland Cross roundabout south of the main carriageway of the new A30	Work No. 5
St Newlyn East Civil Parish	9/1t	Required for the reinstatement of a private means of access	Work No. 1
St Newlyn East Civil Parish	9/1v	Required for the provision of a private means of access	Work No. 1
St Newlyn East Civil Parish	9/1w	Required for the reinstatement of a private means of access	Work No. 1
St Newlyn East Civil Parish	9/1x	Required for the provision of a private means of access	Work No. 1
St Newlyn East Civil Parish	9/1y	Required for the reinstatement of a private means of access	Work No. 1
St Newlyn East Civil Parish	9/1z	Required for the provision of a private means of access	Work No. 1
St Erme Civil Parish	9/2a	Required for the provision of and to provide working space and temporary access for works associated with the provision of the boundary treatment for the new A30	Work No. 1
St Erme Civil Parish	9/3	Required for the construction of a stabilised earthworks slope adjacent to the quarry pond	Work No. 1(ee)
St Newlyn East Civil Parish	9/4	Required for the enhancement of heathland corridor at Carland Cross	Work No. 1
St Newlyn East Civil Parish	9/4a	Required for the enhancement of heathland corridor at Carland Cross	Work No. 1
St Newlyn East Civil Parish	9/4g	Required for a new spring chamber to be constructed	Work No. 1
St Newlyn East Civil Parish	9/5a	Required for a new spring chamber to be constructed	Work No. 1
St Erme Civil Parish	9/6	Required for the construction of advance direction sign associated with the re-configuration of the existing Carland Cross roundabout south of the main carriageway of the new A30	Work No. 5
St Erme Civil Parish	9/6a	Required for the construction of advance direction sign associated with the re-configuration of the existing Carland Cross roundabout south of the main carriageway of the new A30	Work No. 5
St Newlyn East Civil Parish	9/7	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 1(aa)
St Newlyn East Civil Parish	9/7a	Required for the reinstatement of a private means of access	Work No. 1
Land Plans – Sheet 10
St Newlyn East Civil Parish	10/1	Required for the reinstatement of a private means of access	Work No. 1
St Newlyn East Civil Parish	10/1k	Required for the reinstatement of a private means of access	Work No. 1
St Newlyn East Civil Parish	10/1r	Required for the reinstatement of a private means of access	Work No. 1
St Newlyn East Civil Parish	10/1s	Required for the reinstatement of a private means of access	Work No. 1
St Newlyn East Civil Parish	10/4	Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and work vehicles, storage of plant, materials and top soil and the treatment of site-generated waste	Work No. 1(aa)
St Newlyn East Civil Parish	10/4b	Required for the reinstatement of a private means of access	Work No. 1

Article 40

SCHEDULE 8 TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Name of Order/Type of tree	(2) Work to be carried out	(3) Relevant part of the authorised development
North Plantation near Tregavethen Kenwyn Tree Preservation Order 1948 (Reference C1/10) A mixed deciduous and evergreen woodland with a proportion of pine (Tree Reference W1)	Potential disturbance to roots and removal of trees to enable drainage works	Work No. 1(bb)

Article 44

SCHEDULE 9 PROTECTIVE PROVISIONS

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

1.  For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

2.  In this Part of this Schedule—

“alternative apparatus” means—

(a)

in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(12)) belonging to or maintained by that utility undertaker for the purposes of the electricity supply;

(b)

in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986(13) for the purposes of gas supply;

(c)

in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that utility undertaker for the purposes of water supply; and

(d)

in the case of a sewerage undertaker—

(i)

any drain or works vested in the utility undertaker under the Water Industry Act 1991(14); and

(ii)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)(15) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104(16) (agreements to adopt sewer, drain or sewage disposal works, at future date) of that Act,

and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over or upon land;

“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed; and

“utility undertaker” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986;

(c)

a water undertaker within the meaning of the Water Industry Act 1991; and

(d)

a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,

for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3.  This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets

4.—(1) Where any street is stopped up under article 16 (permanent stopping up and restriction of use of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 15 (temporary stopping up and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5.  The undertaker, in the case of the powers conferred by article 21 (protective works to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6.  Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (7).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, the utility undertaker in question must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 47 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 47 (arbitration), and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

(7) Nothing in sub-paragraph (6) authorises the undertaker to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 300 millimetres of the apparatus.

Facilities and rights for alternative apparatus

8.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 47 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9.—(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

(2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a utility undertaker under sub-paragraph (2) are to be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4) If a utility undertaker, in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

(7) In relation to works which will or may be situated on, over, under or within 10 metres measured in any direction of any electricity apparatus, the plan to be submitted to the utility undertaker under sub-paragraph (1) must be detailed, include a method statement and describe—

(a) the exact position of the works;

(b) the level at which they are proposed to be constructed or renewed;

(c) the manner of their construction or renewal;

(d) the position of all electricity apparatus; and

(e) by way of detailed drawings, every alteration proposed to be made to such apparatus.

Expenses and costs

10.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2).

(2) The value of any apparatus removed under the provisions of this Part of this Schedule must be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 47 (arbitration) to be necessary then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

11.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 or 7(2) any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

(a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

(b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the utility undertaker,

by reason or in consequence of any such damage or interruption.

(2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

(4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

Cooperation

12.  Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

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

14.  For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

15.  In this Part of this Schedule—

“the 2003 Act” means the Communications Act 2003(17);

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act(18);

“electronic communications code network” means—

(a)

so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; and

(b)

an electronic communications network which the undertaker is providing or proposing to provide.

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 (infrastructure system) of that code; and

“operator” means the operator of an electronic communications code network.

16.  The exercise of the powers conferred by article 35 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

17.—(1) Subject to sub-paragraphs (2) to (4), if as a result of the authorised development or its construction, or of any subsidence resulting from the authorised development—

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development), or other property of an operator; or

(b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker and, if such consent is withheld, the undertaker has the sole conduct of any settlement or compromise of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 47 (arbitration).

18.  This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

(b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.

19.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus in land belonging to the undertaker on the date on which this Order is made.

PART 3 FOR THE PROTECTION OF SCOTTISHPOWER RENEWABLES

Application

20.  For the protection of ScottishPower Renewables and the Wind Farm, the following provisions have effect unless otherwise agreed in writing between the undertaker and ScottishPower Renewables.

Interpretation

21.  In this Part of this Schedule—

“the Design Vehicle” means the abnormal load vehicle, load and associated tracking as shown on the ScottishPower Renewables Tracking Drawings;

“ScottishPower Renewables” means ScottishPower Renewables (UK) Limited (company registered in Northern Ireland under number NI028425) whose registered office is at The Soloist, 1 Lanyon Place, Belfast, Northern Ireland BT1 3LP;

“ScottishPower Renewables Tracking Drawings” means the drawings certified by the Secretary of State as the ScottishPower Renewables Tracking Drawings for the purposes of this Order; and

“the Wind Farm” means Carland Cross Wind Farm comprising ten wind turbine generators, a control building, cabling and associated plant and infrastructure.

Construction Programme

22.—(1) At least 56 days prior to the commencement of the authorised development the undertaker must consult with ScottishPower Renewables on a detailed construction programme and traffic management plan which must clearly set out the access arrangements for the Wind Farm in respect of all types of vehicles for all stages of construction of the authorised development.

(2) ScottishPower Renewables must notify the undertaker within 28 days of receipt of the documents referred to in sub-paragraph (1) where it considers that either or both of the construction programme and the traffic management plan have the potential to affect access to the Wind Farm and/or the commercial operation of the Wind Farm.

(3) If the undertaker does not receive notification from ScottishPower Renewables in accordance with sub-paragraph (2) then ScottishPower Renewables shall be deemed to be satisfied with the documents and the undertaker shall be at liberty to proceed with the authorised development.

(4) The undertaker must make reasonable attempts to agree a resolution to any concerns raised by ScottishPower Renewables in accordance with sub-paragraph (2) prior to commencing the relevant part of the authorised development.

Chiverton Junction

23.—(1) At least 28 days prior to the commencement of Work No. 3 the undertaker must provide to ScottishPower Renewables copies of detailed design information for that work demonstrating that the safe manoeuvre of the Design Vehicle can be accommodated travelling from the east and turning through the same junction to travel back east.

(2) If by the expiry of 28 days beginning with the date on which a plan or document under sub-paragraph (1) is submitted to it ScottishPower Renewables has not advised the undertaker in writing of any reasonable requirements for the alteration of the detailed design of that work in order to accommodate the safe manoeuvre of the Design Vehicle through the junction as described in sub-paragraph (1), it shall be deemed not to have any such requirements.

(3) Work No. 3 must be constructed in accordance with the detailed design information referred to in sub-paragraph (1) and any reasonable requirements specified by ScottishPower Renewables in accordance with sub-paragraph (2) that are necessary to ensure the safe manoeuvre of the Design Vehicle through the junction as described in sub-paragraph (1).

Chybucca Junction

24.—(1) At least 28 days prior to the commencement of Work No. 4 the undertaker must provide to ScottishPower Renewables copies of detailed design information and the detailed construction methodology for that work demonstrating—

(a) that the safe manoeuvre of the Design Vehicle can be accommodated from the A30 eastbound through the Chybucca Junction to the existing A30;

(b) that appropriate over-run areas will be provided; and

(c) how access will be maintained to the Wind Farm throughout construction.

(2) If by the expiry of 28 days beginning with the date on which a plan or document under sub-paragraph (1) is submitted to it ScottishPower Renewables has not advised the undertaker in writing of any reasonable requirements for the alteration of the detailed design of that work or the detailed construction methodology for that work in order to accommodate the safe manoeuvre of the Design Vehicle through the junction, ensure that appropriate over-run areas are provided or to maintain access to the Wind Farm during construction, as described in sub-paragraph (1), it shall be deemed not to have any such requirements.

(3) Work No. 4 must be constructed in accordance with the detailed design information and the detailed construction methodology referred to in sub-paragraph (1) and any reasonable requirements specified by ScottishPower Renewables in accordance with sub-paragraph (2) that are necessary to accommodate the safe manoeuvre of the Design Vehicle through the junction, to ensure that appropriate over-run areas are provided or to maintain access to the Wind Farm during construction, as described in sub-paragraph (1).

Carland Cross Junction

25.—(1) At least 28 days prior to the commencement of Work No. 5 the undertaker must provide to ScottishPower Renewables copies of detailed design information for that work demonstrating—

(a) that the safe manoeuvre of the Design Vehicle can be accommodated from the re-aligned existing A30 eastbound into the Wind Farm;

(b) that appropriate over-run areas will be provided which will have a minimum 0.5m buffer either side of the theoretical design vehicle swept path;

(c) in respect of Work No. 5(g)—

(i) that a new site access gate and extensions with multi-lock system to match the existing site access gate will be provided;

(ii) that a minimum 5m running width on straight sections and wider on bends to accommodate the Design Vehicle has been accommodated;

(iii) that a minimum 0.5m verge width has been accommodated which will be increased to approximately 3m where it is required to include the realigned cables comprised within Work No. 5(m);

(d) in respect of Work No. 5(m) that all realigned cables will be within the Order limits; and

(e) that drainage works required as a result of Work No. 5 will be provided.

(2) At least 28 days prior to the commencement of Work No. 5 the undertaker must provide to ScottishPower Renewables copies of the detailed construction methodology for that work demonstrating how access will be maintained to all parts of the Wind Farm throughout construction.

(3) If by the expiry of 28 days beginning with the date on which a plan or document under sub-paragraph (1) or (2) is submitted to it ScottishPower Renewables has not advised the undertaker in writing of any reasonable requirements for the alteration of the detailed design of that work or the detailed construction methodology for that work in order to achieve the measures referred to in sub-paragraphs (1) and (2) it shall be deemed not to have any such requirements.

(4) Work No. 5 must be constructed in accordance with the detailed design information and the detailed construction methodology and any reasonable requirements specified by ScottishPower Renewables in accordance with subparagraph (3) that are necessary to achieve the measures referred to in sub-paragraphs (1) and (2).

Access during construction

26.—(1) At all times during the construction of the authorised development the undertaker must provide or procure (or both) that ScottishPower Renewables and its employees, contractors sub-contractors, agents and assigns are able to obtain 24 hour unhindered access to all parts of the Wind Farm—

(a) on foot, and with cars and light commercial vehicles; and

(b) with heavy goods vehicles and abnormal loads, provided ScottishPower Renewables gives 48 hours’ prior written notice to the undertaker specifying the details of the access requirements.

(2) At all times during the construction of the authorised development the undertaker must provide or procure (or both) that its contractors provide unhindered 24 hour emergency vehicle access to and from all parts of the Wind Farm.

Over-run areas

27.—(1) Following construction of the over-run areas comprised within Work No. 4 and Work. No. 5, the undertaker will at its own cost and expense and insofar as it is the owner of and/or the highway authority for the areas in question—

(a) keep the over-run areas clear of, without limitation, all rubbish, debris and vehicles, at all times;

(b) undertake any clearance and/or maintenance required within reasonable timescales;

(c) provide ScottishPower Renewables with copies of keys required to unlock any lockable bollards or similar that would prevent or hinder the use of the over-run areas; and

(d) restrict access to those parts of the over-run areas where lockable bollards or similar are in place to the undertaker, the local highway authority and to ScottishPower Renewables only.

(2) In the event that the existing re-aligned A30 is adopted the undertaker will use reasonable endeavours to procure that the local highway authority complies with the obligations under paragraph (1).

Permanent rights

28.—(1) Prior to transferring any benefit of this Order to the local highway authority, the undertaker must (at the sole cost and expense of the undertaker) grant to ScottishPower Renewables permanent and uninterrupted rights in a form acceptable to ScottishPower Renewables—

(a) to pass and re-pass on foot and with all vehicles over the over-run areas;

(b) to pass and re-pass on foot and with all vehicles over any part of Work No. 5 not forming part of the public highway; and

(c) to access, maintain and pass electricity through the re-aligned cables comprised within Work No. 5(m) provided always that no consideration shall be payable by ScottishPower Renewables for or in relation to any such rights.

Costs and expenses

29.  The undertaker will pay to ScottishPower Renewables its proper and reasonable legal costs, professional fees and disbursements incurred in connection with reviewing detailed design information, construction information and any other information submitted to ScottishPower Renewables in respect of the authorised development.

30.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of the authorised development any damage is caused to the Wind Farm or other property of ScottishPower Renewables, or there is any interruption in the supply of electricity from the Wind Farm, the undertaker must—

(a) bear and pay the cost reasonably incurred by ScottishPower Renewables in making good such damage or restoring the supply; and

(b) make reasonable compensation to ScottishPower Renewables for any other expenses, loss, damages, penalty or costs incurred by ScottishPower Renewables, by reason or in consequence of any such damage or interruption.

(2) The fact that any act or thing may have been done by ScottishPower Renewables on behalf of the undertaker or in accordance with a plan approved by ScottishPower Renewables or in accordance with any requirement of ScottishPower Renewables or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1).

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of ScottishPower Renewables, its officers, servants, contractors or agents.

Arbitration

31.  Any difference arising between the undertaker and ScottishPower Renewables under this Part of this Schedule must be referred to and settled by arbitration under article 47 (arbitration).

Article 45

SCHEDULE 10 DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Examination Library Reference	(3) Application Document Reference	(4) Revision
Book of Reference	AS-034	4.3	A
Works Plans	REP5-004	2.4	C03 - C05
Land Plans	REP5-003	2.2	C01 - C02
Rights of Way and Access Plans	REP5-005	2.5	C03 - C05
Classification of Roads Plans	APP-021	2.7d	C01
Special Category Land Plan	AS-013	2.3	C03
Prohibitions Plans	APP-020	2.7c	C01
Clearways Plans	APP-019	2.7b	C01
De-trunking Plans	APP-022	2.8	C01 (Key Plan) C02
Speed Limits Plans	APP-018	2.7a	C01
Environmental Masterplan	APP-180 APP-181 APP-182 APP-183 APP-184 APP-185 APP-186 APP-187 APP-188 APP-189 APP-190 APP-191 APP-192 APP-193 APP-194 APP-195 APP-196 APP-197 APP-198 APP-199 APP-200	6.3, Figure 7.6	C01
General Arrangement and Section Plans	REP5-006	2.6	C02 - C03
Environmental Statement	APP-052 to APP-374 APP-377 to APP-383	6.2, 6.3, 6.4
Outline Construction Environmental Management Plan	REP5-011 REP5-013	6.4. Appendix 16.1
Trees and Hedgerows to be Removed or Managed Plans	APP-027 APP-028	2.13	C01 (Key Plan) C03

(1)

Section 22 was substituted by article 3 of S.I. 2013/1883.

(2)

Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25).

(3)

S.I. 2017/1012.

(4)

1971 c. 80.

(5)

1973 c. 26.

(6)

Section 11 was amended by paragraph 14 of Schedule 4 to the Acquisition of Land Act 1981 (c. 67), section 14 of, and paragraph 12(1) of Schedule 5 to the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, paragraph 6 of Schedule 14 to, and paragraph 3 of Schedule 16 to the Housing and Planning Act 2016 (c.22) and S.I. 2009/137.

(7)

Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

(8)

Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016.

(9)

Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23) and paragraph 4 of Schedule 16 to the Housing and Planning Act 2016.

(10)

Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, paragraphs 28 and 29 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(11)

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/37.

(12)

1989 c. 29. The definition of “electrical plant” (in section 64) was amended by paragraphs 24 and 38(1) and (3) of Schedule 6 to the Utilities Act 2000 (c. 27).

(13)

1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by sections 3(2) and 76 of, and paragraphs 1 and 4 of Schedule 6, and Schedule 8 to the Utilities Act 2000, sections 149(1) and (3) and 179(9) of, and Part 1 of Schedule 23 to, the Energy Act 2004 (c. 40) and S.I. 2011/2704.

(14)

1991 c. 56.

(15)

Section 102(4) was amended by section 96(1) of the Water Act 2003 (c. 37).

(16)

Section 104 was amended by sections 96(4) and 101(2) of and Part 3 of, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2016 (c. 29).

(17)

2003 c. 21.

(18)

See section 106, Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30).