The A303 Sparkford to Ilchester Dualling Development Consent Order 2021
PART 1
PRELIMINARY
1
Citation and commencement
2
Interpretation
3
Disapplication of legislative provisions
4
Maintenance of drainage works
PART 2
PRINCIPAL POWERS
5
Development consent etc. granted by the Order
6
Maintenance of authorised development
7
Planning permission
8
Limits of deviation
9
Benefit of Order
10
Consent to transfer benefit of Order
PART 3
STREETS
11
Street works
12
Application of the 1991 Act
13
Construction and maintenance of new, altered or diverted streets and other structures
14
Classification of roads, etc.
15
Temporary stopping up and restriction of use of streets and highways
16
Permanent stopping up and restriction of use of highways, streets and private means of access
17
Creation or improvement of means of access to works
18
Clearways, prohibitions and restrictions
19
Traffic regulation
PART 4
SUPPLEMENTAL POWERS
20
Discharge of water
21
Protective works to buildings
22
Authority to survey and investigate the land
PART 5
POWERS OF ACQUISITION
23
Compulsory acquisition of land
24
Compulsory acquisition of land – incorporation of the mineral code
25
Time limit for exercise of authority to acquire land compulsorily
26
Compulsory acquisition of rights
27
Public rights of way
28
Private rights over land
29
Modification of Part 1 of the 1965 Act
30
Application of the 1981 Act
31
Acquisition of subsoil or airspace only
32
Rights under or over streets
33
Temporary use of land for carrying out the authorised development
34
Temporary use of land for maintaining the authorised development
35
Statutory undertakers
36
Apparatus and rights of statutory undertakers in stopped up streets
37
Recovery of costs of new connections
PART 6
OPERATIONS
38
Felling or lopping of trees and removal of hedgerows
PART 7
MISCELLANEOUS AND GENERAL
39
Application of landlord and tenant law
40
Operational land for purposes of the 1990 Act
41
Defence to proceedings in respect of statutory nuisance
42
Protective provisions
43
Certification of plans etc.
44
Service of notices
45
Arbitration
46
Removal of human remains
47
Crown rights
SCHEDULES
SCHEDULE 1
AUTHORISED DEVELOPMENT
In the administrative areas of Somerset County Council and South...
The authorised development is a nationally significant infrastructure project as...
Work No. 1 – Shown on sheets 1, 2, 3...
Work No. 2 – Shown on sheets 1, 2, 3...
Work No. 3 – The construction of a new multi-purpose...
Work No. 4 – The construction of a new multi-purpose...
Work No. 5 – Works associated with the closure of...
Work No. 6 – The construction of ‘Pond 1’, shown...
Work No. 7 – The construction of ‘Pond 2’, shown...
Work No. 8 – The installation of new telecommunications cable...
Work No. 9 – The decommissioning of 75 metres of...
Work No. 11 – The construction of new multi-purpose ‘Track...
Work No. 12 – The construction of new multi-purpose ‘Track...
Work No. 13 – The diversion of 1370 metres of...
Work No. 14 – The construction of new access ‘Track...
Work No. 15 – The construction of ‘Camel Cross link’,...
Work No. 16 – The construction of ‘B3151 link’, shown...
Work No. 17 – The construction of ‘Downhead Lane’, shown...
Work No. 18 – The construction of ‘Downhead Junction Link’,...
Work No. 19 – The construction of ‘Howell Hill Link...
Work No. 20 – The construction of ‘Steart Hill Link...
Work No. 21 – The construction of ‘Steart Hill Overbridge’,...
Work No. 22 – The construction of ‘Bund 1’, shown...
Work No. 23 - The construction of ‘Bund 2’, shown...
Work No. 24 – The construction of new maintenance access...
Work No. 25 – Works associated with the retention of...
Work No. 26 – Works associated with the retention of...
Work No. 27 – Works associated with the closure of...
Work No. 28 – The construction of ‘pond 3’, shown...
Work No. 29 - The construction of ‘pond 4’, shown...
Work No. 30 – The construction of ‘Steart Hill Roundabout’,...
Work No. 31 – The installation of new telecommunications cable...
Work No. 32 – The diversion of 500 metres of...
Work No. 33 – The diversion of 295 metres of...
Work No. 34 – The installation of new telecommunications cable...
Work No. 35 – Shown on sheet 2 of the...
Work No. 36 – The diversion of 430 metres of...
Work No. 37 – The diversion of 50 metres of...
Work No. 38 – The diversion of 500 metres of...
Work No.38a – The decommissioning of 275 metres of electrical...
Work No. 41 – The construction of ‘Steart Hill Link’,...
Work No. 42 – The construction of ‘Howell Hill Link...
Work No. 43 – The diversion of 1210 metres of...
Work No. 44 – The diversion of 1470 metres of...
Work No. 45 – The diversion of 560 metres of...
Work No. 46 – The diversion of 250 metres of...
Work No. 47 - The diversion of 340 metres of...
Work No. 48 – The diversion of 380 metres of...
Work No. 49 – The construction of a temporary southern...
Work No. 50 – The construction of ‘Hazlegrove Junction Eastbound...
Work No. 51 – The construction of ‘Steart Hill (North)’,...
Work No. 52 – The construction of ‘Steart Hill (South)’,...
Work No. 53 – The construction of ‘Vale Farm Link’,...
Work No. 54 – The construction of ‘Hazlegrove Junction Underbridge’,...
Work No. 55 – The construction of ‘Bund 3’, shown...
Work No. 56 - The construction of ‘Bund 4’, shown...
Work No. 57 – The construction of new multi-purpose ‘Track...
Work No. 58 – The construction of new multi-purpose ‘Track...
Work No. 59 – Work number not used.
Work No. 60 – Works associated with the retention of...
Work No. 61 – Works associated with the closure of...
Work No. 62 - Works associated with the closure of...
Work No. 63 – Works associated with the closure of...
Work No. 64 – Works associated with the closure of...
Work No. 65 – The construction of Camel Hill Roundabout,...
Work No. 66 – Works to local road at Camel...
Work No. 67 – Works to access from local road...
Work No. 68 – Works to the existing ‘Steart Hill’,...
Work No. 69 – The installation of new telecommunications cable...
Work No. 70 – The diversion of 65 metres of...
Work No. 71 – The diversion of 800 metres of...
Work No. 72 – The diversion of 920 metres of...
Work No. 73 – The diversion of 40 metres of...
Work No. 74 – The diversion of 320 metres of...
Work No. 75 – The diversion of 215 metres of...
Work No. 76 – The diversion of 260 metres of...
Work No. 77 – The diversion of 50 metres of...
Work No. 78 – The diversion of 40 metres of...
Work No. 79 – The diversion of 275 metres of...
Work No. 80 – The construction of a temporary northern...
Work No. 81 – The construction of ‘Camel Hill Link’,...
Work No. 82 - The construction of ‘Bund 5’, shown...
Work No. 83 – Works associated with the retention of...
Work No. 84 – The installation of new telecommunications cable...
Work No. 85 – The construction of ‘Hazlegrove Junction Eastbound...
Work No. 86 – The construction of ‘Hazlegrove Junction Westbound...
Work No. 87 – The construction of ‘Hazlegrove Junction Westbound...
Work No. 88 – The construction of ‘Ridge Copse Link’,...
Work No. 89 - The construction of ‘Bund 6’, shown...
Work No. 90 - The construction of ‘Bund 7’, shown...
Work No. 91 - The construction of new maintenance access...
Work No. 92 – The construction of ‘Hazlegrove School Access’,...
Work No. 93 – Works to the existing Hazlegrove Roundabout,...
Work No. 94 - The construction of ‘Pond 5’, shown...
Work No. 95 – Works to the existing ‘Pond 6’,...
Work No. 96 – The installation of new telecommunications cable...
Work No. 97 – The installation of new telecommunications cable...
Work No. 98 – The installation of new telecommunications cable...
Work No. 100 – The retention of a section of...
Work No. 101 – The retention of a section of...
Work No. 102 – The installation of new signage around...
Work No. 103 – The installation of a new sign...
Work No. 105 – The construction of new multi-purpose ‘Track...
Works comprising associated development within the meaning of section 115(2)...
Work No. 10 – Ecological mitigation area for Greats Crested...
Work No. 39 – Ecological mitigation area for common reptiles,...
Work No. 40 – Ecological mitigation area for common reptiles,...
Work No. 99 – Ecological mitigation area for Great Crested...
Work No. 104 – Widening of the carriageway of the...
In connection with the construction of any of those works,...
SCHEDULE 2
REQUIREMENTS
PART 1
REQUIREMENTS
1
Interpretation
2
Time limits
3
Construction Environmental Management Plan
4
Landscape and ecological management plan
5
Details of consultation
6
Landscaping
7
Implementation and maintenance of landscaping
8
Land and groundwater contamination
9
Archaeology
10
Ecology, Priority and Protected species
11
Traffic management
12
Detailed design
13
Surface water drainage
14
Noise mitigation
15
Highway lighting
16
Delivery approach plan
17
Provision of non-motorised user route at western end
18
No through road signs for Traits Lane and Gason Lane
19
Speed limit on B3151
20
Traffic monitoring and mitigation in Sparkford
21
Approvals and amendments to approved details
PART 2
PROCEDURE FOR DISCHARGE OF REQUIREMENTS
22
Applications made under requirements
23
Further information
24
Register of requirements
25
Anticipatory steps towards compliance with any requirement
SCHEDULE 3
CLASSIFICATION OF ROADS, ETC.
PART 1
TRUNK ROADS
Shown as dashed purple lines on the Classification of Roads...
PART 2A
ROADS TO BE DE-TRUNKED AND VESTED IN SOMERSET COUNTY COUNCIL
PART 2B
ROADS TO BE DE-TRUNKED AND REMAIN UNDER THE CONTROL AND MANAGEMENT OF THE UNDERTAKER
PART 3
CLASSIFIED A ROADS
Shown as dashed blue lines on the Classification of Roads...
PART 4
CLASSIFIED B ROADS
Shown as dashed green lines on the Classification of Roads...
PART 5
UNCLASSIFIED ROADS
Shown as dashed orange lines on the Classification of Roads...
PART 6
SPEED LIMITS
PART 7
TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
PART 8
TRAFFIC REGULATION MEASURES (WEIGHT RESTRICTIONS)
PART 9
TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)
PART 10
REVOCATIONS AND VARIATIONS OF ORDERS
PART 11
PUBLIC RIGHTS OF WAY
PART 12
NOTIFICATION OF DATES TO BE DETERMINED
26
(1) Where in accordance with article 14 (classification of roads,...
SCHEDULE 4
PERMANENT STOPPING UP AND ALTERATION 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...
PART 1
HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
PART 2
HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
PART 3
PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
PART 4
PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
PART 5
ALTERATIONS TO PRIVATE MEANS OF ACCESS
PART 6
NEW PRIVATE MEANS OF ACCESS
SCHEDULE 5
LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE PERMANENTLYACQUIRED
SCHEDULE 6
MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Compensation enactments
1
The enactments for the time being in force with respect...
2
(1) Without limitation on the scope of paragraph 1, the...
3
(1) Without limitation on the scope of paragraph 1, the...
4
Application of Part 1 of the 1965 Act
5
(1) The modifications referred to in paragraph 4(a) are as...
SCHEDULE 7
LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
SCHEDULE 8
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...
2
In this Part of this Schedule— “alternative apparatus” means alternative...
3
On street apparatus
4
Apparatus in stopped up streets
5
Protective works to buildings
6
Acquisition of land
7
Removal of apparatus
8
Facilities and rights for alternative apparatus
9
Retained apparatus
10
Expenses and costs
11
(1) Subject to sub-paragraphs (2) and (3), if by reason...
12
Cooperation
13
Nothing in this Part of this Schedule affects the provisions...
PART 2
FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
14
For the protection of any operator, the following provisions have...
15
In this Part of this Schedule— “the 2003 Act” means...
16
The exercise of the powers conferred by article 35 (statutory...
17
(1) Subject to sub-paragraphs (2) to (4), if as a...
PART 3
FOR THE PROTECTION OF DRAINAGE AUTHORITIES
18
The provisions of this Part have effect for the protection...
19
In this Part of this Schedule— “construction” includes execution, placing,...
20
(1) Before commencing construction of a specified work, the undertaker...
21
Without limiting the scope of paragraph 20, the requirements which...
22
(1) Subject to sub-paragraph (2), any specified work, and all...
23
(1) Subject to sub-paragraph (5), the undertaker must from the...
24
If by reason of the construction of a specified work...
25
The undertaker must indemnify the drainage authority in respect of...
26
(1) Without limiting the other provisions of this Part of...
27
The fact that any work or thing has been executed...
28
Any dispute arising between the undertaker and the drainage authority...
PART 4
FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING VEHICULAR HIGHWAYS
29
The provisions of this Part of this Schedule have effect...
30
In this Part of this Schedule— “Commuted Sum” means the...
31
Before commencing the construction of, or the carrying out of...
32
(1) Before commencing the construction of, or the carrying out...
33
(1) Before commencing the construction of, or the carrying out...
34
(1) The undertaker will allow and facilitate an appropriately qualified...
35
(1) Any officer of the local highway authority duly appointed...
36
(1) The undertaker must procure that an appropriately qualified safety...
37
Provision must be made in accordance with the local highway...
38
The undertaker must not, except with the consent of the...
39
Except in an emergency or where necessary to secure the...
40
In exercising the powers conferred by the Order in relation...
41
The undertaker must, if reasonably required by the local highway...
42
(1) If reasonably requested by the local highway authority, the...
43
(1) Where the undertaker carries out any Works to any...
44
(1) The Works must all be completed on such date...
45
The undertaker will hold the local highway authority harmless and...
46
(1) When the undertaker considers that the Works have reached...
47
The local highway authority must, if requested to do so...
48
No earlier than 52 weeks from the date of issue...
49
The undertaker must pay to the local highway authority in...
50
(1) The undertaker must, within 3 months of the date...
51
Nothing in this Part of this Schedule prevents the local...
52
Any difference arising between the undertaker and the local highway...
PART 5
FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING NON- VEHICULAR HIGHWAYS
53
The provisions of this Part of this Schedule have effect...
54
In this Part of this Schedule— “Design Detailing” in relation...
55
Before commencing the construction of, or the carrying out of...
56
Any officer of the local highway authority duly appointed for...
57
The testing of materials used in any Works affecting local...
58
(1) Where the undertaker carries out any Works to any...
59
The undertaker must notify the local highway authority of the...
60
The undertaker will hold the local highway authority harmless and...
61
The undertaker must indemnify the local highway authority in respect...
62
Nothing in this Part of this Schedule prevents the local...
63
Any difference arising between the undertaker and the local highway...
SCHEDULE 9
DOCUMENTS TO BE CERTIFIED
The reference to a document in the table with a...
PART 1
CLASSIFICATION OF ROADS PLANS
PART 2
DE-TRUNKING PLANS
PART 3
THE ENGINEERING SECTIONS
PART 4
THE ENVIRONMENTAL STATEMENT
PART 5
GENERAL ARRANGEMENT PLANS
PART 6
LAND PLANS, CROWN LAND PLAN AND BOOK OF REFERENCE
PART 7
PERMANENT SPEED LIMITS PLANS
PART 8
RIGHTS OF WAY AND ACCESS PLANS
PART 9
TRAFFIC REGULATION MEASURES PLANS
PART 10
WORKS PLANS
PART 11
OTHER DOCUMENTS
2021 No. 125

Infrastructure Planning

The A303 Sparkford to Ilchester Dualling Development Consent Order 2021
Made
29th January 2021
Coming into force
19th February 2021
An application has been made to the Secretary of State under section 37 of the Planning Act 2008 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 for an Order granting development consent.
The application was examined by a Panel of two members (“the Panel”) (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010 .
The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74 of the 2008 Act, has submitted a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114, 115 , 117, 120, 122 and 123 of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—
2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378, S.I. 2019/734 and S.I. 2020/764.
S.I. 2010/103, amended by S.I. 2012/635.
Section 115 was also amended by section 160 of the Housing and Planning Act 2016 (c. 22).