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The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

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Statutory Instruments

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(1) (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(2) 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(3).

The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74 of the 2008 Act, has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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(4), 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—

PART 1PRELIMINARY

Citation and commencement

1.  This Order may be cited as the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 and comes into force on 19th February 2021.

Interpretation

2.—(1) In this Order except where provided otherwise—

“the 1961 Act” means the Land Compensation Act 1961(5);

“the 1965 Act” means the Compulsory Purchase Act 1965(6);

“the 1980 Act” means the Highways Act 1980(7);

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(8);

“the 1984 Act” means the Road Traffic Regulation Act 1984(9);

“the 1990 Act” means the Town and Country Planning Act 1990(10);

“the 1991 Act” means the New Roads and Street Works Act 1991(11);

“the 2008 Act” means the Planning Act 2008(12);

“address” includes any number or address for the purposes of electronic transmission;

“adjacent land” means that land which is necessary to carry out the development of the Works or ensure the safe construction of any section or part of the Works;

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“authorised development” means the development and associated development described in Schedule 1 (authorised development) which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order and set out in Part 6 (land plans, crown land plan and book of reference) of Schedule 9 (documents to be certified;

“bridleway” has the same meaning as in the 1980 Act;

“building” includes any structure or erection or any part of a building, structure or erection;

“carriageway” has the same meaning as in the 1980 Act;

“the classification of roads plans” means the plans certified by the Secretary of State as the classification of roads plans for the purposes of this Order and set out in Part 1 (classification of roads plans) of Schedule 9;

“commence” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act(13)) forming part of the authorised development other than operations consisting of archaeological investigations, investigations for the purpose of assessing ground conditions, remedial work in respect of any contamination or other adverse ground conditions, creation of working areas for remedial works, erection of any temporary means of enclosure, receipt and erection of construction plant and equipment, and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

“cycle track” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act(14);

“the de-trunking plans” means the plans certified by the Secretary of State as the de-trunking plans for the purposes of this Order set out in Part 2 (de-trunking plans) of Schedule 9;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form,

and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003(15);

“the environmental statement” means the documents certified by the Secretary of State as the environmental statement for the purposes of this Order set out in Part 4 (the environmental statement) of Schedule 9;

“footpath” and “footway” have the same meaning as in the 1980 Act;

“the general arrangement plans” means the plans certified by the Secretary of State as the general arrangement plans for the purposes of this Order set out in Part 5 (general arrangement plans) of Schedule 9;

“highway” has the same meaning as in the 1980 Act;

“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order set out in Part 6 of Schedule 9;

“the limits of deviation” means the limits of deviation referred to in article 8 (limits of deviation);

“the local highway authority” means Somerset County Council;

“maintain” includes, to the extent assessed in the environmental statement, inspect, repair, adjust, alter, remove, replace or reconstruct in relation to the authorised development and any derivative of “maintain” is to be construed accordingly;

“the Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily, and described in the book of reference;

“the Order limits” means the limits of the land to be acquired or used permanently or temporarily shown on the land plans and works plans within which the authorised development may be carried out;

“the outline environmental management plan” means the document of that description certified by the Secretary of State as the outline environmental management plan for the purposes of this Order and set out in Part 11 (other documents) of Schedule 9;

“the outline written heritage scheme of investigation” means the document of that description certified by the Secretary of State as the outline written heritage scheme of investigation for the purposes of this Order and set out in Part 11 of Schedule 9;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(16);

“the relevant planning authority” means the local planning authority for the land and matter in question, being South Somerset District Council or Somerset County Council;

“the rights of way and access plans” means the plans certified by the Secretary of State as the rights of way and access plans for the purposes of this Order set out in Part 8 (rights and way and access plans) of Schedule 9;

“the Secretary of State” means the Secretary of State for Transport;

“statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

“street” means a street within the meaning of section 48(17) (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

“traffic authority” has the same meaning as in section 121A(18) (traffic authorities) of the 1984 Act;

“the traffic regulation measures plans” means the plans certified by the Secretary of State as the traffic regulation measures plans for the purposes of this Order set out in Part 9 (traffic regulation measures plans) of Schedule 9;

“trunk road” means a highway which is a trunk road by virtue of—

(a)

section 10(19) (general provision as to trunk roads) or section 19(1)(20) (certain special roads and other highways to become trunk roads) of the 1980 Act;

(b)

an order made or direction given under section 10 of that Act;

(c)

an order granting development consent; or

(d)

any other enactment;

“the undertaker” means Highways England Company Limited, company number 09346363, whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order set out in Part 10 (work plans) of Schedule 9.

(2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

(3) All distances, directions, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the specified plan(s).

(6) References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

Disapplication of legislative provisions

3.—(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development–

(a)the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (bye-law making powers of the appropriate agency) to the Water Resources Act 1991(21);

(b)section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991(22);

(c)section 32 (variation of awards) of the Land Drainage Act 1991; and

(d)the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991.

(2) In so far as they relate to the temporary possession of land, the provisions of the Neighbourhood Planning Act 2017(23) do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and any maintenance of any part of the authorised development.

Maintenance of drainage works

4.—(1) Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

(2) In this article “drainage” has the same meaning as in section 72(24) (interpretation) of the Land Drainage Act 1991.

PART 2PRINCIPAL POWERS

Development consent etc. granted by the Order

5.—(1) Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

(2) Any enactment applying to land within the Order limits or adjacent land has effect subject to the provisions of this Order.

Maintenance of authorised development

6.  The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Planning permission

7.  If planning permission is granted under the powers conferred by the 1990 Act for development any part of which is within the Order limits following the coming into force of this Order that is—

(a)not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; or

(b)required to complete or enable the use or operation of any part of the development authorised by this Order,

then the carrying out, use or operation of such development under the terms of the planning permission does not constitute a breach of the terms of this Order.

Limits of deviation

8.  In carrying out the authorised development the undertaker may—

(a)deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans; and

(b)deviate vertically from the levels of the authorised development shown on the engineering drawings and sections—

(i)in respect of Work Nos. 81, 85 and 92 to a maximum of 1 metre upwards or 5 metres downwards; or

(ii)for all other works to a maximum of 1 metre upwards or downwards.

except that these maximum limits of vertical deviation do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, after consultation with the relevant planning authority and the local highway authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Benefit of Order

9.—(1) Subject to article 10 (consent to transfer benefit of Order) and paragraph (2), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Consent to transfer benefit of Order

10.—(1) The undertaker may—

(a)transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b)grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

(2) Where an agreement has been made in accordance with paragraph (1), references in this Order to the undertaker, except in paragraph (3), include references to the transferee or the lessee.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

(4) The consent of the Secretary of State is required for a transfer or grant under this article, except where the transfer or grant is made to—

(a)Southern Electric Power Distribution plc (company number 04094290, whose registered office is at No.1 Forbury Place, 43 Forbury Road, Reading, United Kingdom, RG1 3JH) for the purposes of undertaking Work Nos. 9, 35, 37, 38, 38a, 48. 70, 73, 76 and 79;

(b)Wessex Water Services Limited (company number 02366648, whose registered office is at Wessex Water Operations Centre, Claverton Down Road, Claverton Down, Bath, BA2 7WW); for the purposes of undertaking Works No. 32, 44, 46, 74 and 77;

(c)British Telecommunications Public Limited Company (company number 01800000, whose registered office is at 81 Newgate Street, London, EC1A 7AJ) for the purposes of undertaking the other works;

(d)Openreach Limited (company number 10690039, whose registered office is at Kelvin House, 123 Judd Street, London, WC1H 9NP) for the purposes of undertaking the other works;

(e)Sky Telecommunications Services Limited, company number 02883980, whose registered office is at Grant Way, Isleworth, Middlesex, TW7 5QD) for the purposes of undertaking the other works;

(f)Virgin Media Limited, (company number 02591237, whose registered office is at 500 Brook Drive, Reading, United Kingdom, RG2 6UU) for the purposes of undertaking the other works;

(g)Level 3 Communications Limited, (company number 03514850, whose registered office is at 260-266 Goswell Road, London EC1V 7EB) for the purposes of undertaking the other works;

(h)CenturyLink Limited (company number 09626356, whose registered office is at 260-266 Goswell Road, London EC1V 7EB) for the purposes of undertaking the other works; or

(i)O’Connor Utilities Limited, (company number 02916906, whose registered office is at 10 Sandfold Lane, Manchester, M19 3BJ) for the purposes of undertaking the other works.

(5) In paragraph (4)(c) to (i) “the other works” means Work Nos. 8, 13, 31, 33, 34, 36, 43, 45, 47, 69, 71, 72, 75, 78, 84, 96, 97 and 98.

PART 3STREETS

Street works

11.—(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the streets as are within the Order limits and may—

(a)break up or open the street, or any sewer, drain or tunnel under it;

(b)tunnel or bore under the street;

(c)place apparatus in the street;

(d)maintain apparatus in the street or change its position; and

(e)execute any works required for, or incidental to, any works referred to in sub-paragraphs (a), (b), (c) and (d).

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(3) Subject to article 12 (application of the 1991 Act), the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).

Application of the 1991 Act

12.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

(a)they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or

(b)they are works which, had they been executed by the local highway authority, might have been carried out in exercise of the powers conferred by section 64(25) (dual carriageways and roundabouts) of the 1980 Act or section 184(26) (vehicle crossings over footways and verges) of that Act.

(2) In Part 3 of the 1991 Act references to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), to be construed as references to the undertaker.

(3) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

(a)section 56(27) (provisions to give directions as to timing of street works);

(b)section 56A(28) (power to give directions as to placing of apparatus);

(c)section 58(29) (restriction on works following substantial road works);

(d)section 58A(30) (restriction on works following substantial street works); and

(e)Schedule 3A(31) (restriction on works following substantial street works).

(4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved, under those provisions apply (with the necessary modifications) in relation to any stopping up, alteration or diversion of a street of a temporary nature by the undertaker under the powers conferred by article 15 (temporary stopping up and restriction of use of streets and highways) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act(32) referred to in paragraph (4) are—

(a)section 54(33) (advance notice of certain works), subject to paragraph (6);

(b)section 55(34) (notice of starting date of works), subject to paragraph (6);

(c)section 57(35) (notice of emergency works);

(d)section 59(36) (general duty of street authority to co-ordinate works);

(e)section 60 (general duty of undertakers to co-operate);

(f)section 68 (facilities to be afforded to street authority);

(g)section 69 (works likely to affect other apparatus in the street);

(h)section 75 (inspection fees);

(i)section 76 (liability for cost of temporary traffic regulation); and

(j)section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(7) Nothing in article 13 (construction and maintenance of new, altered or diverted streets and other structures)—

(a)affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and the undertaker is not by reason of any duty under that article to maintain a street or to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

(b)has effect in relation to street works to which the provisions of Part 3 of the 1991 Act apply.

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

13.—(1) Any highway (other than a trunk road) to be constructed under this Order must be completed to the reasonable satisfaction of the local highway authority and, unless otherwise agreed in writing with the local highway authority, the highway including any culverts or other structures laid under it must be maintained by and at the expense of the local highway authority from its completion.

(2) Where a highway (other than a trunk road which is not de-trunked by this Order) is altered or diverted under this Order, the altered or diverted part of the highway must be completed to the reasonable satisfaction of the local highway authority and, unless otherwise agreed in writing with the local highway authority, that part of the highway including any culverts or other structures laid under it must be maintained by and at the expense of the local highway authority from its completion.

(3) Where a street which is not and is not intended to be a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority and unless otherwise agreed in writing with the street authority, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

(4) Where a highway described in Part 2A (roads to be de-trunked and vested in Somerset County Council) of Schedule 3 (classification of roads, etc.) is de-trunked under this Order—

(a)section 265(37) (transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road) of the 1980 Act applies in respect of that highway; and

(b)any alterations to that highway undertaken under powers conferred by this Order prior to and in connection with that de-trunking must, unless otherwise agreed in writing with the local highway authority, be maintained by and at the expense of the local highway authority from the date of completion.

(5) Where a highway described in Part 2B (roads to be de-trunked and remain under the control and management of the undertaker) of Schedule 3 to this Order is de-trunked under this Order, section 265(7) of the 1980 Act does not apply in respect of that de-trunking, and the undertaker shall remain the highway authority for the highway in question.

(6) In the case of a bridge constructed under this Order to carry a highway (other than a trunk road) over or under a trunk road, the highway surface must from its completion be maintained by and at the expense of the local highway authority and the structure of the bridge must be maintained by and at the expense of the undertaker.

(7) In the case of a bridge constructed under this Order to carry a highway (other than a trunk road) over another highway which is not a trunk road, both the highway surface and the structure of the bridge must be maintained by and at the expense of the local highway authority from the date of their completion.

(8) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(9) For the purposes of a defence under paragraph (8), the court must in particular have regard to the following matters—

(a)the character of the street and the traffic which was reasonably to be expected to use it;

(b)the standard of maintenance appropriate for a street of that character and used by such traffic;

(c)the state of repair in which a reasonable person would have expected to find the street;

(d)whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

(e)where the undertaker could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

(10) Any street formed on the Order land which is not open to vehicular use by the public, and which is used by the undertaker for the purposes of maintaining the authorised development, must be maintained by and at the expense of the undertaker or any successor in function, as the landowner of the land on which the street is situated.

Classification of roads, etc.

14.—(1) On the date on which the roads described in Part 1 (trunk roads) of Schedule 3 are completed and open for traffic, they are to become trunk roads as if they had become so by virtue of an order under section 10(2)(38) (general provision as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads.

(2) On such day as the undertaker may determine, the roads described in Parts 2A and 2B of Schedule 3 are to cease to be trunk roads as if they had ceased to be trunk roads by virtue of an order made under section 10(2) of the 1980 Act specifying that date as the date on which they were to cease to be trunk roads.

(3) On the date on which the roads described in Parts 3 and 4 (classified roads) of Schedule 3 are completed, they are to become classified roads for the purpose of any enactment or instrument which refers to highways classified as classified roads as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act.

(4) On the date on which the roads described in Part 5 (unclassified roads) of Schedule 3 are completed, they are to become unclassified roads for the purpose of any enactment or instrument which refers to unclassified roads.

(5) On and after the date on which the roads described in Part 6 (speed limits) of Schedule 3 are open for traffic, no person is to drive any motor vehicle at a speed exceeding the limit specified in column (3) of that Part along the lengths of road identified in the corresponding row of column (2) of that Part.

(6) Unless otherwise agreed with the local highway authority, the public rights of way set out in Part 11 (public rights of way) of Schedule 3 and identified on the rights of way and access plans are to be constructed by the undertaker in the specified locations and open for use no later than the date on which the authorised development is open for traffic.

(7) On such day as the undertaker may determine, the orders specified in column (3) of Part 10 (revocations and variations of orders) of Schedule 3 are to be varied or revoked as specified in the corresponding row of column (4) of that Part in respect of the lengths of roads specified in the corresponding row of column (2) of that Part.

(8) The application of paragraphs (1) to (6) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters, including by an instrument made under the 1984 Act where the matter in question could have been included in an order made under that Act.

(9) Any determination of a day made by the undertaker under this article does not take effect unless the notification requirements set out in Part 12 (notification of dates to be determined) of Schedule 3 have been complied with.

(10) The phasing in relation to the classification or declassification of roads or parts of roads referred to in paragraphs (1) to (4) have effect from the date or dates notified by the undertaker in accordance with the notification requirements specified in paragraph (9).

Temporary stopping up and restriction of use of streets and highways

15.—(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily stop up, alter, divert or restrict the use of any street or highway and may for any reasonable time—

(a)divert the traffic from the street or highway; and

(b)subject to paragraph (3), prevent all persons from passing along the street or highway.

(2) Without limitation on the scope of paragraph (1), the undertaker may use any street or highway temporarily stopped up or restricted under the powers conferred by this article, and which is within the Order limits, as a temporary working site for the carrying out of the works.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or highway affected by the temporary stopping up, alteration, diversion or restriction of a street or highway under this article if there would otherwise be no such access.

(4) The undertaker must not temporarily stop up, alter, divert or restrict the use of any street or highway for which it is not the street or highway authority without the consent of the street or highway authority, which may attach reasonable conditions to any consent, but such consent must not be unreasonably withheld or delayed.

(5) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6) If a street authority or local highway authority which receives an application for consent under paragraph (4) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted consent.

(7) The undertaker will consult South Somerset District Council before seeking any consent under this article.

(8) In paragraph (2), “temporary working site” means any area within the Order limits which is occupied for the purposes of carrying out the works in or in the vicinity of that area and within which materials may only be stored temporarily.

Permanent stopping up and restriction of use of highways, streets and private means of access

16.—(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in columns (1) and (2) of Parts 1, 2, 3 and 4 of Schedule 4 (permanent stopping up of highways and private means of access and provision of new highways and private means of access) to the extent specified and described in column (3) of those Parts of that Schedule.

(2) No street or private means of access specified in columns (1) and (2) of Parts 2 and 4 of Schedule 4 (being a street or private means of access to be stopped up for which a substitute is to be provided) is to be wholly or partly stopped up under this article unless—

(a)the new street or private means of access to be constructed and substituted for it, which is specified in column (4) of those Parts of that Schedule, has been completed to the reasonable satisfaction of the street authority or local highway authority and is open for use; or

(b)a temporary alternative route for the passage of such traffic as could have used the street or private means of access to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority or local highway authority, between the commencement and termination points for the stopping up of the highway, street or private means of access until the completion and opening of the new highway, street or private means of access in accordance with sub-paragraph (a).

(3) No street or private means of access specified in columns (1) and (2) of Parts 1 and 3 of Schedule 4 (being a street or private means of access to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the highway, street or private means of access to be stopped up.

(4) The condition referred to in paragraph (3) is that—

(a)the undertaker is in possession of the land;

(b)there is no right of access to the land from the street or private means of access concerned;

(c)there is reasonably convenient access to the land otherwise than from the highway, street or private means of access concerned; or

(d)the owners and occupiers of the land have agreed to the stopping up.

(5) On and after a date to be determined by the undertaker, the owners and occupiers of land which is accessed along the tracks and other accesses to be created on Order Land and listed in column (4) of Part 4 Schedule 4, are entitled to access that land at all times with or without vehicles across or along those tracks and other accesses.

(6) The date to be determined under paragraph (5) must not be later than the date on which the private means of access listed in column (2) of Part 4 of Schedule 4 is stopped up.

(7) In paragraph (5), “owners and occupiers of land” includes their agents and contractors and any person who has the permission of the owner or occupier to access the land.

(8) Where a highway, street or private means of access has been stopped up under this article—

(a)all rights of way over or along the highway, street or private means of access so stopped up are extinguished; and

(b)the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the highway, street or private means of access as is bounded on both sides by land owned by the undertaker.

(9) The undertaker may, in connection with the carrying out of the authorised development, alter the private means of access specified in column (1) of Part 5 (alterations to private means of access) of Schedule 4 as specified in column (2) of that Part.

(10) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(11) This article is subject to article 36 (apparatus and rights of statutory undertakers in stopped up streets).

Creation or improvement of means of access to works

17.  The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.

Clearways, prohibitions and restrictions

18.—(1) On and after such day as the undertaker may determine, except as provided in paragraph (4), no person is to cause or permit any vehicle to wait on any part of the lengths of road described in column (2) of Part 7 (traffic regulation measures (clearways and prohibitions)) of Schedule 3 (classification of roads, etc.), except upon the direction of, or with the permission of, a uniformed constable or uniformed traffic officer.

(2) On and after such day as the undertaker may determine, except as provided in paragraph (4) and (5), no person may cause or permit any vehicle to use any part of the lengths of road described in column (2) of Part 8 (traffic regulation measures (weight restrictions)) of Schedule 3 where that vehicle exceeds the weight restriction specified in column (3) of that Part.

(3) On and after such day as the undertaker may determine, except as provided in paragraph (4), no person may cause or permit any vehicle to wait on any part of the lengths of road described in column (2) of Part 9 (traffic regulation measures (waiting restrictions)) of Schedule 3 for a period exceeding two hours.

(4) Nothing in paragraphs (1), (2) or (3) applies—

(a)to render it unlawful to cause or permit a vehicle to wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i)the removal of any obstruction to traffic;

(ii)the maintenance, improvement, reconstruction or operation of the road;

(iii)the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any electronic communications apparatus as defined in Schedule 3A (the Electronic Communications Code) to the Communications Act 2003(39); or

(iv)any building operation or demolition;

(b)in relation to a vehicle being used—

(i)for police, ambulance, fire and rescue authority or traffic officer purposes;

(ii)in the service of a local authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

(iii)in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991(40); or

(iv)by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Service Act 2000(41); or

(c)in relation to a vehicle waiting when the person in control of it is—

(i)required by law to stop;

(ii)obliged to stop in order to avoid an accident; or

(iii)prevented from proceeding by circumstances outside the person’s control.

(5) Nothing in paragraph (2) applies in relation to a vehicle being used—

(a)for the conveyance of goods or merchandise to or from any premises that are reasonably accessible only from the highway to which the restriction in question applies;

(b)vehicles being used in conjunction with any building operation or demolition on land in or adjacent to the highway to which the restriction applies;

(c)vehicles being used for the laying, erection, alteration or repair of any apparatus on land adjacent to the highway to which the restriction applies;

(d)vehicles being used by the emergency services or on behalf of a local authority;

(e)public service vehicles within the meaning of section 1(1) (definition of public service vehicle) of the Public Passenger Vehicles Act 1981(42).

(6) No person is to cause or permit any vehicle to wait on any part of the roads described in paragraphs (1) and (3) for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

(7) Paragraphs (1), (2), (3), (4), (5) and (6) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

(8) In this article, “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the Traffic Management Act 2004(43).

Traffic regulation

19.—(1) This article applies to roads in respect of which the undertaker is not the traffic authority.

(2) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road concerned is situated, which consent must not be unreasonably withheld, the undertaker may, for the purposes of the authorised development—

(a)revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b)permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(c)authorise the use as a parking place of any road;

(d)make provision as to the direction or priority of vehicular traffic on any road; and

(e)permit or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3) The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 12 months from the opening of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

(4) The undertaker must consult the chief officer of police and the traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

(5) The undertaker must not exercise the powers conferred by paragraph (2) unless the undertaker has—

(a)given not less than—

(i)12 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii)4 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b)advertised the undertaker’s intention in such manner as the traffic authority may specify in writing within 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by the undertaker under paragraph (2)

(a)has effect as if duly made by, as the case may be—

(i)the traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii)the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b)is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004(44).

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months from the opening of the authorised development.

(8) Before exercising the powers conferred by paragraph (2) the undertaker must consult South Somerset District Council and such other persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.

(9) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(10) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(11) If the traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent.

PART 4SUPPLEMENTAL POWERS

Discharge of water

20.—(1) Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out, maintenance or use of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communication with public sewers) of the Water Industry Act 1991(45).

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4) The undertaker must not make any opening into any public sewer or drain except—

(a)in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b)where that person has been given the opportunity to supervise the making of the opening.

(5) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain or to the ground under this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension or dissolved pollutants.

(6) In this article—

(a)“public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation; and

(b)other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991(46) have the same meaning as in that Act.

(7) If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application, that person is deemed to have granted consent or given approval, as the case may be.

Protective works to buildings

21.—(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building which may be affected by the authorised development as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a)at any time before or during the carrying out in the vicinity of the building of any part of the authorised development; or

(b)after the completion of that part of the authorised development in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use.

(3) For the purpose of determining how the functions under this article are to be exercised the undertaker may (subject to paragraph (5)) enter and survey any building falling within paragraph (1) and any land within its curtilage.

(4) For the purpose of carrying out protective works to a building under this article the undertaker may (subject to paragraphs (5) and (6))—

(a)enter the building and any land within its curtilage; and

(b)where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a)a right under paragraph (1) to carry out protective works to a building;

(b)a right under paragraph (3) to enter a building and land within its curtilage;

(c)a right under paragraph (4)(a) to enter a building and land within its curtilage; or

(d)a right under paragraph (4)(b) to enter land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 45 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) Where—

(a)protective works are carried out under this article to a building; and

(b)within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 152(47) (compensation in case where no right to claim in nuisance) of the 2008 Act.

(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) In this article “protective works” in relation to a building means—

(a)underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised development; and

(b)any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised development.

Authority to survey and investigate the land

22.—(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised development and—

(a)survey or investigate the land (including any watercourses, ground water, static water bodies or vegetation on the land);

(b)without limitation on the scope of sub-paragraph (a), make any excavations, trial holes and boreholes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil and ground water, remove soil samples and discharge water samples on to the land;

(c)without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; and

(d)place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes and boreholes.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of the undertaker—

(a)must, if so required, before or after entering the land, produce written evidence of their authority to do so; and

(b)may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes and boreholes.

(4) No trial holes or boreholes are to be made under this article—

(a)in land located within the highway boundary for which the local highway authority is the highway authority, without the consent of the local highway authority; or

(b)in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6) If either the local highway authority or a street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—

(a)under paragraph (4)(a) in the case of the local highway authority; or

(b)under paragraph (4)(b) in the case of a street authority,

that authority is deemed to have granted consent.

PART 5POWERS OF ACQUISITION

Compulsory acquisition of land

23.—(1) The undertaker may acquire compulsorily so much of the Order land as is required to carry out or to facilitate, or is incidental to, the authorised development.

(2) This article is subject to paragraph (2) of article 26 (compulsory acquisition of rights) and paragraph (8) of article 33 (temporary use of land for carrying out the authorised development).

Compulsory acquisition of land – incorporation of the mineral code

24.  Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981(48) are incorporated into this Order subject to the modifications that—

(a)paragraph 8(3) is not incorporated;

(b)for “the acquiring authority” substitute “the undertaker”; and

(c)for “undertaking” substitute “authorised development”.

Time limit for exercise of authority to acquire land compulsorily

25.—(1) After the end of the period of 5 years beginning on the day on which this Order is made—

(a)no notice to treat is to be served under Part 1 of the 1965 Act; and

(b)no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 30 (application of the 1981 Act).

(2) The authority conferred by article 33 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker from remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Compulsory acquisition of rights

26.—(1) The undertaker may acquire such rights over the Order land or impose restrictive covenants affecting the land as may be required for any purpose for which that land may be acquired under article 23 (compulsory acquisition of land), by creating them as well as acquiring rights already in existence.

(2) In the case of the Order land specified in column (1) of Schedule 5 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants as may be required for the purpose specified in relation to that land in column (2) of that Schedule and relating to that part of the authorised development specified in column (3) of that Schedule.

(3) The power to impose restrictive covenants under paragraph (1) is exercisable only in respect of plots specified in column (1) of Schedule 5.

(4) Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 (modification of compensation and compulsory purchase enactments for creation of new rights)), where the undertaker acquires a right over land or the benefit of a restrictive covenant, the undertaker is not required to acquire a greater interest in that land.

(5) Schedule 6 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

Public rights of way

27.—(1) The public rights of way identified in columns (1) to (3) of Parts 1 and 2 of Schedule 4 (permanent stopping up of highways and private means of access and provision of new highways and private means of access) and shown on the rights of way and access plans are to be extinguished on the date of the expiry of the notice given under paragraph (2).

(2) Prior to the extinguishment of each of the public rights of way identified in columns (1) to (3) of Parts 1 and 2 of Schedule 4 and shown on the rights of way and access plans, the undertaker must erect a site notice at each end of the rights of way to be extinguished no less than 28 days prior to the extinguishment of that right of way.

Private rights over land

28.—(1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished—

(a)from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b)on the date of entry on the land by the undertaker under section 11(1) (powers of entry) of the 1965 Act,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or burden of the restrictive covenant—

(a)from the date of the acquisition of the right or the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement; or

(b)on the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act,

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights over land owned by the undertaker within the Order limits which are required to be interfered with or breached for the purposes of this Order are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

(4) Subject to the provisions of this article, all private rights over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

(5) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 35 (statutory undertakers) applies.

(7) Paragraphs (1) to (4) have effect subject to—

(a)any notice given by the undertaker before—

(i)the completion of the acquisition of the land or the acquisition of the rights or the imposition of restrictive covenants over or affecting the land;

(ii)the undertaker’s appropriation of it;

(iii)the undertaker’s entry onto it; or

(iv)the undertaker’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b)any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

(8) If any such agreement as is referred to in paragraph (7)(b)

(a)is made with a person in or to whom the right is vested or belongs; and

(b)is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(9) Reference in this article to private rights over land include any trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Modification of Part 1 of the 1965 Act

29.—(1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1)(49) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 25 (time limit for exercise of authority to acquire land compulsorily) of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021”.

(3) In section 11A(50) (powers of entry: further notice of entry)—

(a)in subsection (1)(a), after “land” insert “under that provision”;

(b)in subsection (2), after “land” insert “under that provision”.

(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 25 of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021”.

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)—

(a)for paragraphs 1(2) and 14(2) substitute—

(2) But see article 31(3) (acquisition of subsoil or airspace only) of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021, which excludes the acquisition of subsoil or airspace only from this Schedule; and

(b)after paragraph 29, end insert—

PART 4INTERPRETATION

30.  In this Schedule, references to entering on and taking possession of land do not include doing so under articles 21 (protective works to buildings), 33 (temporary use of land for carrying out the authorised development) or 34 (temporary use of land for maintaining the authorised development) of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021..

Application of the 1981 Act

30.—(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act), for subsection 2 substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order..

(4) In section 5 (earliest date for execution of declaration), in subsection (2), omit the words from “, and this subsection” to the end.

(5) Omit section 5A(51) (time limit for general vesting declaration).

(6) In section 5B(52) (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118(53) (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 25 (time limit for exercise of authority to acquire land compulsorily) of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021”.

(7) In section 6(54) (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134(55) (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8) In section 7 (constructive notice to treat), in subsection (1)(a), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Schedule A1(56) (counter-notice requiring purchase of land not in general vesting declaration) for paragraph 1(2) substitute—

(2) But see article 31(3) (acquisition of subsoil or airspace only) of the A303 Sparkford to Ilchester Dualling Development Consent Order 2021, which excludes the acquisition of subsoil or airspace only from this Schedule..

(10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 29 (modification of Part 1 of the 1965 Act)) to the compulsory acquisition of land under this Order.

Acquisition of subsoil or airspace only

31.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in paragraph (1) of article 23 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over the land referred to in paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil or airspace only—

(a)Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b)Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c)Section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the 1990 Act.

(4) Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

Rights under or over streets

32.—(1) The undertaker may enter on and appropriate so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a)any subway or underground building; or

(b)any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is a statutory undertaker to whom section 85 (sharing of cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised development

33.—(1) The undertaker may, in connection with the carrying out of the authorised development, but subject to article 25(2) (time limit for exercise of authority to acquire land compulsorily)—

(a)enter on and take temporary possession of—

(i)the land specified in column (1) of Schedule 7 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (2) of that Schedule relating to the part of the authorised development specified in column (3) of that Schedule; and

(ii)any other Order land in respect of which no notice of entry has been served under section 11(57) (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b)remove any buildings and vegetation from that land;

(c)construct temporary works (including the provision of means of access) and buildings on that land; and

(d)construct any permanent works specified in relation to that land in column (2) of Schedule 7, or any other mitigation works in connection with the authorised development.

(2) Not less than 14 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and explain the purpose for which entry is taken in respect of land specified under paragraph (1)(a)(ii).

(3) The undertaker must not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a)in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Schedule 7; or

(b)in the case of any land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(4) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a)replace a building removed under this article;

(b)restore the land on which any permanent works (including ground strengthening works) have been constructed under paragraph (1)(d); or

(c)remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development.

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

(7) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(8) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not to be precluded from acquiring any part of the subsoil of or airspace over (or rights in the subsoil of or airspace over) that land under article 31 (acquisition of subsoil or airspace only).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13(58) (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11) Paragraph (1)(a)(ii) does not authorise the undertaker to take temporary possession of any land which the undertaker is not authorised to acquire under article 23 (compulsory acquisition of land) or article 26 (compulsory acquisition of rights).

Temporary use of land for maintaining the authorised development

34.—(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a)enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

(b)enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c)construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a)any house or garden belonging to a house; or

(b)any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(11) In this article “the maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use.

Statutory undertakers

35.—(1) Subject to the provisions of article 26(3) (compulsory acquisition of rights), Schedule 8 (protective provisions) and paragraph (2), the undertaker may—

(a)acquire compulsorily, or acquire new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and

(b)extinguish the rights of, or remove or reposition the apparatus belonging to, statutory undertakers over or within the Order land.

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a)Part 3 (street works in England and Wales) of the 1991 Act; and

(b)article 36 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets

36.—(1) Where a street is stopped up under article 16 (permanent stopping up and restriction of use of highways, streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 16 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a)remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b)provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

(a)the execution of the relocation works required in consequence of the stopping up of the street; and

(b)the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)

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

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 to be necessary, then, if it involves cost in the execution of the relocation works 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 paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess.

(5) For the purposes of paragraph (4)

(a)an extension of apparatus to a length greater than the length of existing apparatus is not to 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 cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, 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 any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a)the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b)the allowable costs are to be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

(8) In this article—

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“relocation works” means work executed, or apparatus provided, under paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) of the Communications Act 2003(59).

Recovery of costs of new connections

37.—(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 35 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 35, any person who is—

(a)the owner or occupier of premises the drains of which communicated with that sewer; or

(b)the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which article 36 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003; and

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

PART 6OPERATIONS

Felling or lopping of trees and removal of hedgerows

38.—(1) Subject to paragraphs (6) and (7), the undertaker may fell or lop any tree or shrub, or cut back its roots, within or overhanging land within the Order limits if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a)from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b)from constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must—

(a)do no unnecessary damage to any tree or shrub;

(b)pay compensation to any person for any loss or damage arising from such activity; and

(c)take steps to avoid a breach of the provisions of the Wildlife and Countryside Act 1981(60), the Conservation of Habitats and Species Regulations 2017(61) and the Natural Environment and Rural Communities Act 2006(62).

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow within the Order limits that is required to be removed.

(5) In this article “hedgerow” means a hedgerow to which the Hedgerows Regulations 1997(63) apply and includes important hedgerows.

(6) Except where necessary to prevent or remove a danger to persons using the authorised development, the powers set out in this article may not be used to remove any tree, shrub or hedgerow which is shown as being retained on the works plans or the approved detailed design for the authorised development.

(7) Except where the removal and replacement of any tree, shrub or other planting which fails to establish, dies or becomes diseased is required, the powers set out in this article may not be used to fell or lop any tree or shrub or remove any part of any hedgerow planted in accordance with the approved detailed design for the authorised development other than in accordance with the provisions of the LEMP or HEMP as applicable.

(8) In paragraphs (6) and (7)—

“the approved detailed design for the authorised development” means the detailed design for the authorised development as approved under the requirements in Schedule 2 (requirements);

“HEMP” and “LEMP” have the same meanings as in Schedule 2.

PART 7MISCELLANEOUS AND GENERAL

Application of landlord and tenant law

39.—(1) This article applies to—

(a)any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b)any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a)exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b)confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c)restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

40.  Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Defence to proceedings in respect of statutory nuisance

41.—(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990(64) in relation to a nuisance falling within paragraph (d), (fb), (g) or (ga) of section 79(1) (statutory nuisances and inspections therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2)(65) of that Act if the defendant shows that the nuisance—

(a)relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974(66); or

(b)is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(c)is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protective provisions

42.  Schedule 8 (protective provisions) has effect.

Certification of plans etc.

43.—(1) The undertaker must, as soon as practicable after the making of this Order, and no later than ten working days from the date of the making of this Order, submit to the Secretary of State for certification that they are true copies of the plans and documents referred to in this Order copies of—

(a)each of the plans and documents set out in Schedule 9 (documents to be certified); and

(b)any other plans or documents referred to in this Order requiring certification.

(2) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(3) The undertaker must make copies of the certified plans available in electronic form to the public no later than 14 days after certification under paragraph (1) until no earlier than one year after the completion of all of the works.

Service of notices

44.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a)by post;

(b)by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(c)with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978(67) as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a)in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b)in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a)addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b)either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to be taken to be fulfilled only where—

(a)the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b)the notice or document is capable of being accessed by the recipient;

(c)the notice or document is legible in all material respects; and

(d)the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable and in any event within 10 working days of such a notification being received by the sender.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a)that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b)such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

45.  Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the Lands Chamber of the Upper Tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

Removal of human remains

46.—(1) In this article “the specified land” means the land within the Order limits.

(2) Before the undertaker carries out any development or works which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

(3) Before any such remains are removed from the specified land the undertaker must consult South Somerset District Council on the intended removal, following which the undertaker must give notice of the intended removal describing the specified land and stating the general effect of the following provisions of this article by—

(a)publishing a notice once in each of two successive weeks in a newspaper circulating in the area of the authorised development; and

(b)displaying a notice in a conspicuous place on or near to the specified land for a minimum of 28 days.

(4) As soon as reasonably practicable after the first publication of a notice under paragraph (3) the undertaker must send a copy of the notice to South Somerset District Council.

(5) At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

(a)removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

(b)removed to, and cremated in, any crematorium,

and that person is to, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

(7) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

(8) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article.

(9) If—

(a)within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or

(b)such notice is given and no application is made under paragraph (7) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or

(c)within 56 days after any order is made by the county court under paragraph (7) any person, other than the undertaker, specified in the order fails to remove the remains; or

(d)it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker is to remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves are to be re-interred in individual containers which are to be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment of cremation of the remains.

(11) On the re-interment or cremation of any remains under this article—

(a)a certificate of re-interment or cremation is to be sent to the Registrar General by the undertaker giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

(b)a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) is to be sent by the undertaker to South Somerset District Council.

(12) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State for Justice.

(13) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

(14) Section 25 of the Burial Act 1857(68) (bodies not to be removed from burial grounds, save under faculty, without licence of Secretary of State) does not apply to a removal carried out in accordance with this article.

Crown rights

47.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker to use, enter upon or in any manner interfere with any land or rights of any description—

(a)belonging to Her Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b)belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

(c)belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any right under this Order for the compulsory purchase of any interest in any Crown land (as defined in the 2008 Act) for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

Signed by authority of the Secretary of State for Transport

Natasha Kopala

Head of the Transport and Works Act Orders Unit

Department for Transport

29th January 2021

SCHEDULES

Article 2

SCHEDULE 1AUTHORISED DEVELOPMENT

In the administrative areas of Somerset County Council and South Somerset District Council

The authorised development is a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act(69), comprising—

Work No. 1 – Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of the A303 eastbound totalling 5590 metres in length, between point E 300 metres east of Higher Farm Lane Overbridge and point F 550 metres west of the Sparkford Railway Bridge. To include the construction of a new compact junction at Downhead to connect the A303 to the ‘Downhead Junction Link’ (Work No.18).

Work No. 2 – Shown on sheets 1, 2, 3 and 4 of the works plans is the construction of the A303 westbound totalling 5606 metres in length, between point E 300 metres east of the Higher Farm Lane Overbridge and point F 550 metres west of the Sparkford Railway Bridge. To include the construction of a new compact junction at Camel Cross to connect the A303 to the ‘Camel Cross Link’ (Work No.15).

Work No. 3 – The construction of a new multi-purpose ‘Track 1’, shown on sheet 1 of the works plans between points DA and DB. To include access to land to the north of the new A303.

Work No. 4 – The construction of a new multi-purpose ‘Track 3’, shown on sheet 1 of the works plans between points DQ and DV. To include accesses to land to the north of the new A303.

Work No. 5 – Works associated with the closure of the existing slip road from the A303, shown on sheet 1 of the works plans between points G and H.

Work No. 6 – The construction of ‘Pond 1’, shown on sheet 1 of the works plans. To include the construction of associated outfall works.

Work No. 7 – The construction of ‘Pond 2’, shown on sheet 1 of the works plans. To include the construction of associated outfall works.

Work No. 8 The installation of new telecommunications cable and sub duct within existing duct, shown on sheet 1 of the works plans between points KR and JC.

Work No. 9 – The decommissioning of 75 metres of electrical cable, shown on sheet 1 of the works plans between points JA and JB.

Work No. 11 – The construction of new multi-purpose ‘Track 2’, shown on sheets 1 and 2 of the works plans between points DC and DD. To include accesses to land to the north of the new A303.

Work No. 12 – The construction of new multi-purpose ‘Track 4’, shown on sheet 2 of the works plans between points DE and DF.

Work No. 13 – The diversion of 1370 metres of telecommunications apparatus, shown on sheets 1 and 2 of the works plans between points JC and JF.

Work No. 14 – The construction of new access ‘Track 9’, shown on sheets 1 and 2 of the works plans between points DG and DH. To include accesses to land to the south of the new A303.

Work No. 15 – The construction of ‘Camel Cross link’, shown on sheet 2 of the works plans between points U and T.

Work No. 16 – The construction of ‘B3151 link’, shown on sheet 2 of the works plans between points V and W. To include access to properties known as ‘Hawk House’ and ‘The Bungalow’ at Camel Cross.

Work No. 17 – The construction of ‘Downhead Lane’, shown on sheet 2 of the works plans between points X and Y. To include—

(a)access to the property known as ‘The Spinney’.

(b)access to land to the north of the A303.

Work No. 18 – The construction of ‘Downhead Junction Link’, shown on sheet 2 of the works plans between points AA and Z.

Work No. 19 – The construction of ‘Howell Hill Link (West)’, shown on sheet 2 of the works plans between points AP and AQ.

Work No. 20 – The construction of ‘Steart Hill Link to Old A303’, shown on sheet 2 of the works plans between points AR and AS.

Work No. 21 – The construction of ‘Steart Hill Overbridge’, shown on sheet 2 of the works plans between points BA and BB.

Work No. 22 – The construction of ‘Bund 1’, shown on sheet 2 of the works plans between points CA and CB.

Work No. 23 - The construction of ‘Bund 2’, shown on sheet 2 of the works plans between points CC and CD.

Work No. 24 – The construction of new maintenance access ‘Track 5’, shown on sheet 2 of the works plans between points DI and DJ.

Work No. 25 – Works associated with the retention of the former A303 (Camel Cross to Steart Hill), shown on sheet 2 of the works plans between points W and AR. To include—

(a)carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

(b)removal of redundant traffic signs.

(c)modification of road markings.

(d)reprofiling of the carriageway surface.

(e)reprofiling of the adjacent existing footway.

Work No. 26 – Works associated with the retention of the former A303 (West of Howell Hill), shown on sheet 2 of the works plans between points AQ and AF. To include—

(a)carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

(b)removal of redundant traffic signs.

(c)modification of road markings.

(d)reprofiling of the carriageway surface.

(e)reprofiling of the adjacent existing footway.

Work No. 27 – Works associated with the closure of local road at Downhead, shown on sheet 2 of the works plans between points EJ and EK. To include the construction of Downhead Turning Head.

Work No. 28 – The construction of ‘pond 3’, shown on sheet 2 of the works plans. To include the construction of associated outfall works.

Work No. 29 - The construction of ‘pond 4’, shown on sheet 2 of the works plans. To include the construction of associated outfall works.

Work No. 30 – The construction of ‘Steart Hill Roundabout’, shown on sheet 2 of the works plans.

Work No. 31 – The installation of new telecommunications cable and sub duct in existing ducting, shown on sheet 2 of the works plans between points JF and JQ.

Work No. 32 – The diversion of 500 metres of water distribution apparatus, shown on sheet 2 of the works plans between points JD and JJ.

Work No. 33 – The diversion of 295 metres of telecommunications apparatus, shown on sheet 2 of the works plans between points JE and JH.

Work No. 34 – The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 2 of the works plans between points JT and JU.

Work No. 35 – Shown on sheet 2 of the works plans, the diversion of 170 metres of SSE low voltage cable electrical between points JL and JK.

Work No. 36 – The diversion of 430 metres of telecommunications apparatus, shown on sheet 2 of the works plans between points JQ and JT.

Work No. 37 – The diversion of 50 metres of electrical apparatus, shown on sheet 2 of the works plans between points KN and KO.

Work No. 38 – The diversion of 500 metres of electrical apparatus, shown on sheet 2 of the works plans between points JG and JI.

Work No.38a – The decommissioning of 275 metres of electrical cable, shown on sheet 2 of the works plans between points JI and JW.

Work No. 41 – The construction of ‘Steart Hill Link’, shown on sheets 2 and 3 of the works plans between points AB and AC. To include access to land to the north of the A303.

Work No. 42 – The construction of ‘Howell Hill Link (East)’, shown on sheets 2 and 3 of the works plans between points AF and AG. To include access to the properties known as ‘Hill View’, ‘Crusty Cottage’, ‘Lamorna’ and ‘West Camel Methodist Church’ near Canegore Corner.

Work No. 43 – The diversion of 1210 metres of telecommunications apparatus, shown on sheets 2 and 3 of the works plans between points JP, JO, JN and JM, and JP, JO and KA.

Work No. 44 – The diversion of 1470 metres of water supply apparatus, shown on sheets 2 and 3 of the works plans between points JM, JO, JP and JS, between points JP to JR and between points JO to KA.

Work No. 45 – The diversion of 560 metres of telecommunications apparatus, shown on sheets 2 and 3 of the works plans between points JU and JX, and JU and JY.

Work No. 46 – The diversion of 250 metres of water distribution apparatus, shown on sheets 2 and 3 of the works plans between points JU and JX.

Work No. 47 - The diversion of 340 metres of telecommunications apparatus, shown on sheets 2 and 3 of the works plans between points JU and JY.

Work No. 48 – The diversion of 380 metres of electrical apparatus, shown on sheets 2 and 3 of the works plans between points JV and JW, and JV and KP.

Work No. 49 – The construction of a temporary southern earthworks haul route, shown on sheets 2 and 3 of the works plans between points LA and LB.

Work No. 50 – The construction of ‘Hazlegrove Junction Eastbound Off-Slip’, shown on sheet 3 of the works plans between points M and N.

Work No. 51 – The construction of ‘Steart Hill (North)’, shown on sheet 3 of the works plans between points AD and AE.

Work No. 52 – The construction of ‘Steart Hill (South)’, shown on sheet 3 of the works plans between points AH and AI. To include access to the property known as ‘Bromar’ at Conegore Corner.

Work No. 53 – The construction of ‘Vale Farm Link’, shown on sheet 3 of the works plans between points AL and AM. To include—

(a)access to the property known as ‘Pepper Hill Cottage’.

(b)access to land to the north of the new A303.

Work No. 54 – The construction of ‘Hazlegrove Junction Underbridge’, shown on sheet 4 of the works plans between points BC and BD.

Work No. 55 – The construction of ‘Bund 3’, shown on sheet 3 of the works plans between points CE and CF.

Work No. 56 - The construction of ‘Bund 4’, shown on sheet 3 of the works plans between points CG and CH.

Work No. 57 – The construction of new multi-purpose ‘Track 6’, shown on sheet 3 of the works plans between points DK and DL. To include access to land to the south of the new A303.

Work No. 58 – The construction of new multi-purpose ‘Track 7’, shown on sheet 3 of the works plans between points DM and DN. To include access to land to the south of the new A303.

Work No. 59 – Work number not used.

Work No. 60 – Works associated with the retention of the former A303 (East of Steart Hill), shown on sheet 3 of the works plans between points AI and EA. To include—

(a)carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

(b)removal of redundant traffic signs.

(c)modification of road markings.

(d)reprofiling of the carriageway surface.

Work No. 61 – Works associated with the closure of former A303, shown on sheet 3 of the works plans between points EA and EE. To include construction of Camel Hill Quarry Turning Head.

Work No. 62 - Works associated with the closure of Traits Lane shown on sheet 3 of the works plans between points DN and EF. To include construction of Traits Lane Turning Head.

Work No. 63 – Works associated with the closure of Gason Lane shown on sheet 3 of the works plans between points EG and EH. To include the construction of Gason Lane turning head.

Work No. 64 – Works associated with the closure of the former A303 on sheet 3 of the works plans between points EI and EB. To include the construction of Camel Hill Services Turning Head.

Work No. 65 – The construction of Camel Hill Roundabout, shown on sheet 3 of the works plans.

Work No. 66 – Works to local road at Camel Hill, shown on sheet 3 of the works plans between points AL and FA. To include—

(a)verge reinforcement.

(b)remedial work to carriageway surfacing.

Work No. 67 – Works to access from local road at Camel Hill, shown on sheet 3 of the works plans between points FA, FB and FC.

Work No. 68 – Works to the existing ‘Steart Hill’, shown on sheet 3 of the works plans between points AE and AH. To include—

(a)installation of surface water drainage.

(b)utilities diversions.

Work No. 69 The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 3 of the works plans between points JY and KW and then between KX and KD.

Work No. 70 – The diversion of 65 metres of electrical apparatus, shown on sheet 3 of the works plans between points JY and JZ.

Work No. 71 – The diversion of 800 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points KB and KC.

Work No. 72 – The diversion of 920 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points KD and KM.

Work No. 73 – The diversion of 40 metres of electrical apparatus, shown on sheet 3 of the works plans between points KG and KJ.

Work No. 74 – The diversion of 320 metres of public sewer, shown on sheet 3 of the works plans between points JX and KP.

Work No. 75 – The diversion of 215 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points JY and KQ.

Work No. 76 – The diversion of 260 metres of electrical apparatus, shown on sheet 3 of the works plans between points KE and KF.

Work No. 77 – The diversion of 50 metres of water distribution apparatus, shown on sheet 3 of the works plans between points KH and KI.

Work No. 78 – The diversion of 40 metres of telecommunications apparatus, shown on sheet 3 of the works plans between points KJ and KK.

Work No. 79 – The diversion of 275 metres of electrical apparatus, shown on sheet 3 of the works plans between points KJ and KL.

Work No. 80 – The construction of a temporary northern earthworks haul route, shown on sheet 3 of the works plans between points LC and LD.

Work No. 81 – The construction of ‘Camel Hill Link’, shown on sheets 3 and 4 of the works plans between points AJ and AK.

Work No. 82 - The construction of ‘Bund 5’, shown on sheets 3 and 4 of the works plans between points CI and CJ.

Work No. 83 – Works associated with the retention of the former A303 (West of Hazlegrove Roundabout), shown on sheets 3 and 4 of the works plans between points EB and AN. To include—

(a)carriageway narrowing involving kerb re-alignment, repositioning of gullies and associated pipework and removal of redundant carriageway surfacing.

(b)removal of redundant traffic signs.

(c)modification of road markings.

(d)reprofiling of the carriageway surface.

Work No. 84 The installation of new telecommunications cable and sub duct in existing duct, shown on sheets 3 and 4 of the works plans between points KM and KS.

Work No. 85 – The construction of ‘Hazlegrove Junction Eastbound On-Slip’, shown on sheet 4 of the works plans between points AT and O.

Work No. 86 – The construction of ‘Hazlegrove Junction Westbound On-Slip’, shown on sheet 4 of the works plans between points P and Q.

Work No. 87 – The construction of ‘Hazlegrove Junction Westbound Off-Slip’, shown on sheet 4 of the works plans between points R and S.

Work No. 88 – The construction of ‘Ridge Copse Link’, shown on sheet 4 of the works plans between points AN and AO.

Work No. 89 - The construction of ‘Bund 6’, shown on sheet 4 of the works plans between points CK and CL.

Work No. 90 - The construction of ‘Bund 7’, shown on sheet 4 of the works plans between points CM and CN.

Work No. 91 - The construction of new maintenance access ‘Track 8’, shown on sheet 4 of the works plans between points DO and DP.

Work No. 92 – The construction of ‘Hazlegrove School Access’, shown on sheet 4 of the works plans between points DT and DU.

Work No. 93 – Works to the existing Hazlegrove Roundabout, shown on sheet 4 of the works plans. To include—

(a)removal of redundant traffic signs.

(b)modification of road markings.

(c)modification of splitter islands to accommodate public right of way.

(d)provision of a right of way facility around the southern and western perimeter of the roundabout.

Work No. 94 - The construction of ‘Pond 5’, shown on sheet 4 of the works plans. To include the construction of associated outfall works.

Work No. 95 – Works to the existing ‘Pond 6’, shown on sheet 4 of the works plans. To include—

(a)the construction of associated outfall works.

(b)removal of existing vegetation from within the existing pond

Work No. 96 The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 4 of the works plans between points KU and KV.

Work No. 97 The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 4 of the works plans between points KT and KU.

Work No. 98 The installation of new telecommunications cable and sub duct in existing duct, shown on sheet 4 of the works plans between points KS and KT.

Work No. 100 – The retention of a section of broadleaved woodland, shown on sheet 4 of the works plans.

Work No. 101 – The retention of a section of broadleaved woodland, shown on sheet 4 of the works plans.

Work No. 102 – The installation of new signage around Hazlegrove Roundabout to reflect new road layout.

Work No. 103 – The installation of a new sign in the A303 Westbound verge.

Work No. 105 – The construction of new multi-purpose ‘Track 10’, shown on sheet 3 of the works plans between points EL and EM.

Works comprising associated development within the meaning of section 115(2) of the 2008 Act comprising—

Work No. 10 – Ecological mitigation area for Greats Crested Newts, shown on sheet 1 of the works plans. To include—

(a)new wildlife pond.

(b)creation of a hibernacula.

Work No. 39 – Ecological mitigation area for common reptiles, shown on sheet 2 of the works plans. To include—

(a)habitat improvement.

(b)creation of a hibernacula.

(c)installation of stock proof fencing.

Work No. 40 – Ecological mitigation area for common reptiles, shown on sheet 2 of the works plans. To include—

(a)habitat improvement.

(b)creation of a hibernacula.

Work No. 99 – Ecological mitigation area for Great Crested Newts, shown on sheet 4 of the works plans. To include the creation of a hibernacula.

Work No. 104 – Widening of the carriageway of the public highway at the junction between Traits Lane and Blackwell Road shown on sheet 3 of the works plans.

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

(a)alteration to the layout of any street permanently or temporarily, including but not limited to increasing or reducing the width of the carriageway of the street by reducing or increasing the width of any kerb, footpath, footway, cycle track or verge within the street; and altering the level of any such kerb, footpath, footway, cycle track or verge;

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

(c)refurbishment works to any existing bridge;

(d)the strengthening, alteration or demolition of any building;

(e)works in the verges of public highways;

(f)temporary diversions of public highways, including laying down or hard surfacing on any land to be used as a temporary diversion;

(g)creation and removal of ramps, means of access, footpaths, cycle tracks, bridleways and crossing facilities, including the hard surfacing of ways;

(h)embankments, viaducts, aprons, abutments, shafts, foundations, retaining walls, barriers, pumping stations, parapets, drainage, outfalls, ditches, wing walls, highway lighting, fencing and culverts;

(i)street works, including breaking up or opening up a street, or any sewer, drain or tunnel under it; tunnelling or boring under a street;

(j)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, ducts and lights;

(k)works to alter the course of or otherwise interfere with a watercourse;

(l)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;

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

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

(o)the felling of trees;

(p)construction compounds and 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;

(q)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;

(r)removal, alteration and creation of boundary features including fencing and hedgerows; and

(s)such other works, working sites, storage areas and works of demolition, as may be necessary or expedient for the purposes of, or for purposes ancillary to, the construction of the authorised development.

Article 5

SCHEDULE 2REQUIREMENTS

PART 1REQUIREMENTS

Interpretation

1.  In this Schedule—

“CEMP” means the construction environmental management plan;

“contaminated land” has the same meaning as that given in section 78A(70) (preliminary) of the Environmental Protection Act 1990;

“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(71);

“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;

(c)

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

(d)

the ongoing commitments and obligations in the LEMP;

“LEMP” means the landscape and ecological management plan, including a reptile mitigation strategy and mitigation measures for Schedule 1 birds;

“priority species” has the same meaning given by Article 1(h) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(72);

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

“Schedule 1 birds” means those birds listed within Schedule 1 (birds which are protected by special penalties) to the Wildlife and Countryside Act 1981;

“Somerset County Council’s archaeological advisor” means the individual appointed as such by the relevant planning authority;

“written” includes shown in the form of a plan, section, drawing or any similar material which is submitted in compliance with any requirement.

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 has been prepared in consultation with the Defence Infrastructure Organisation, the Environment Agency, the relevant planning authority and the local highway authority and submitted to and approved in writing by the Secretary of State.

(2) The CEMP must—

(a)be substantially in accordance with the CEMP section of the outline environmental management plan and, in particular, must provide for compliance with the environmental commitments set out in Table 3.1 (record of environmental actions and commitments) of the outline environmental management plan;

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

(c)incorporate the relevant measures detailed in the environmental statement;

(d)include information on the control measures required to mitigate and reduce potential impacts which reflect the relevant mitigation measures included in the environmental statement;

(e)require adherence to working hours of 07:00 to 18:00 on Mondays to Fridays and 07:00 to 13:00 on Saturdays, except for—

(i)works requiring the full or partial closure of, or otherwise adversely affecting the operation of, the A303 highway;

(ii)works associated with the diversion of existing utilities;

(iii)works associated with traffic management and signal changes;

(iv)works associated with tie-ins to existing highways;

(v)deliveries of abnormally large or indivisible loads; and

(vi)any emergency works;

(f)include management plans, working methods and mitigation measures for each of the topics covered in the environmental statement, including—

(i)Arboricultural Method Statement;

(ii)Archaeological Written Scheme of Investigation;

(iii)Japanese Knotweed Management Plan;

(iv)Materials Management Plan;

(v)Soil Handling and Management Plan;

(vi)Site Waste Management Plan;

(vii)Community Relations Strategy;

(viii)Groundwater Monitoring Strategy;

(ix)Construction Lighting Plan;

(x)Asbestos Management Plan;

(xi)Pollution Incident Control Plan;

(xii)Noise and Vibration Monitoring Strategy; and

(xiii)Bird Hazard Management Plan.

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

(4) Upon completion of construction of the authorised development the CEMP and LEMP must be converted into the HEMP, and the authorised development must be operated and maintained in accordance with the HEMP.

Landscape and ecological management plan

4.—(1) No part of the authorised development is to commence until a LEMP has been prepared in consultation with Natural England and the relevant planning authority and has been submitted to and approved in writing by the Secretary of State.

(2) Where the LEMP to be submitted under sub-paragraph (1) relates to or includes reference to any part of the Hazlegrove Registered Park and Garden, consultation must be undertaken with the Historic Buildings and Monuments Commission for England in addition to the consultees set out in sub-paragraph (1).

(3) The LEMP must—

(a)be substantially in accordance with the LEMP section of the outline environmental management plan;

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

(c)incorporate the relevant measures detailed in the environmental statement; and

(d)include information on the control measures required to mitigate and reduce potential impacts which reflect the mitigation measures included in the environmental statement.

(4) The authorised development must be constructed in accordance with the approved LEMP.

(5) Upon completion of construction of the authorised development, the ongoing commitments and obligations in the LEMP must be incorporated into the HEMP required under requirement 3(4) of this Part of this Schedule.

Details of consultation

5.—(1) With respect to any requirement which requires details to be submitted to the Secretary of State for approval under this Schedule after consultation by the undertaker with another party, the details submitted must be accompanied by—

(a)a report setting out the consultation undertaken by the undertaker to inform the details submitted and the undertaker’s response to that consultation; and

(b)copies of all consultation responses received.

(2) At the time of submission to the Secretary of State for approval, the undertaker must provide a copy of the 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 which request alterations to the details proposed by the undertaker are addressed in the details submitted to the Secretary of State for approval under this Schedule, however the undertaker must amend the details proposed in response to consultation 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 requests made in consultation responses are not incorporated in the details submitted to the Secretary of State for approval, the undertaker must state in the report referred to under sub-paragraph (1) the reasons why any requests made in consultation responses have not been included in the submitted details. At the same time as sending that report to the Secretary of State for approval the undertaker must send a copy of that report by electronic transmission to any consultee who made representations on that matter.

Landscaping

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

(2) Where the written landscaping scheme to be submitted under sub-paragraph (1) relates to or includes reference to any part of the Hazlegrove Registered Park and Garden, consultation must be undertaken with the Historic Buildings and Monuments Commission for England and the Gardens Trust in addition to the consultees set out in sub-paragraph (1).

(3) 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 or other recognised codes of good practice, have been undertaken to identify any significant constraints posed by trees.

(4) The landscaping scheme prepared under sub-paragraph (1) must be based on the environmental statement and the results of the surveys undertaken under sub-paragraph (3), and must be in accordance with the LEMP.

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

(a)surveys, assessments and method statements as guided by BS 5837:2012 and the Hedgerows Regulations 1997(73);

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

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

(d)proposed finished ground levels and profiles of any proposed bunds and cuttings;

(e)hard surfacing materials, including surfacing of access tracks and roads and surfacing or facing materials of bunds;

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

(g)details of boundary treatments, environmental barriers, stone walls, fencing, gates and stiles, and

(h)implementation timetables for all landscaping works.

Implementation and maintenance of landscaping

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

(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.

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 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, after consultation by the undertaker with the Environment Agency, 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 land or 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, the Environment Agency and the relevant planning authority, and in agreement with the Environment Agency and 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, after consultation by the undertaker with the Environment Agency and the relevant planning authority, be prepared, submitted to and approved in writing by the Secretary of State.

(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 a written scheme of investigation for the investigation and mitigation of areas of archaeological interest for each area and/or each phase in that part, has been prepared by the undertaker in consultation with the relevant planning authority and the local highway authority, agreed with Somerset County Council’s archaeological advisor and submitted to and approved in writing by the Secretary of State. The written scheme of investigation must reflect the mitigation measures included in the environmental statement and the outline written heritage scheme of investigation, and include provision for sub-schemes for specific works, areas or locations, which may include evaluation, detailed excavation or archaeological monitoring plans.

(2) The authorised development must be carried out in accordance with the archaeological framework strategy and 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 written schemes of investigation referred to in sub-paragraph (1) must be agreed with Somerset County Council’s archaeological advisor and implemented within a timescale agreed with Somerset County Council’s archaeological advisor 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 subject to appropriate mitigation as set out in the archaeological framework strategy and mitigation agreed with Somerset County Council’s archaeological advisor.

(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 they are identified unless otherwise agreed in writing by the Secretary of State.

(6) No later than the expiry of the period of 10 working days beginning with the first working day after the completion of the authorised development, suitable resources and provisions for long term storage of the archaeological archive will be agreed with Somerset County Council’s archaeological advisor.

Ecology, Priority and Protected species

10.—(1) No part of the authorised development may be undertaken unless the ecological effects are supervised by an appropriately qualified person appointed by the undertaker, which person may be the Ecological Clerk of Works.

(2) In the event that any protected or priority 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.

(3) 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 the evidenced zone of likely disturbance of the nest for that species until birds have fledged and the nest is no longer in use. Specific mitigation measures for Schedule 1 birds recorded within the proposed development site, comprising barn owl and hobby, must be set out in the LEMP. The LEMP will state that appropriate buffer zones for any other nesting bird species found during construction works will be determined by the Ecological Clerk of Works, dependent on the nesting bird species and nature of works in proximity to the nest.

(4) The undertaker must implement the written scheme prepared under sub-paragraph (3) 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 the authorised development, substantially in accordance with the outline traffic management plan, has, after consultation by the undertaker with the local highway authority and South Somerset District Council, been submitted to and approved in writing by the Secretary of State.

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

Detailed design

12.—(1) No part of the authorised development is to commence until the detailed design of that part has, after consultation with the Defence Infrastructure Organisation, the relevant planning authority and local highway authority on matters related to their functions, been approved in writing by the Secretary of State.

(2) The details to be approved under this requirement must include—

(a)plans, with annotations where required, showing the limits of responsibility for the operational maintenance of any work and which person or body is responsible for maintaining any part;

(b)a signage strategy for the authorised development, including two information boards in the vicinity of the authorised development and which are accessible by the public to set out the history of the road; and

(c)the width and limitations of any public rights of way which are created or altered by this Order.

(3) Where protective works under article 21 are required to a listed building within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990(74), and such works would cause or require to be caused permanent change or alteration of the listed features in any manner which would affect its character as a building of special architectural or historic interest, the protective works must be set out in the detailed design submitted under sub-paragraph (1) and consultation on the relevant details must be undertaken with the Historic Buildings and Monuments Commission for England in addition to the bodies listed in sub-paragraph (1).

(4) Following approval of detailed design under sub-paragraph (1), the undertaker may, after further consultation with the relevant planning authority and local highway authority on matters related to their functions, submit in writing amended detailed design for any part of the authorised development to the Secretary of State.

(5) The details to be approved under sub-paragraph (1) or any subsequent amendment of those details approved under sub-paragraph (4) may depart from the preliminary scheme design shown on the works plans and the engineering section drawings only where the Secretary of State is satisfied that departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(6) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the approved details, corresponding works plans or engineering section drawings and the undertaker must make those amended details available in electronic form for inspection by members of the public and must be notified by means of electronic transmission to the Environment Agency, the local highway authority, the relevant planning authority, and where works relate to the Hazlegrove House Registered Park and Garden, the Historic Buildings and Monuments Commission for England.

Surface water drainage

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

(2) Prior to consultation with the relevant planning authority, the lead local flood authority and the Environment Agency as required by sub-paragraph (1), the undertaker will carry out—

(a)a CCTV survey of the location and condition of all drainage assets where—

(i)the existing A303 is to be de-trunked and retained; and

(ii)the existing A303 drainage is connecting into the proposed drainage network; and

(b)a topographical and condition survey (i.e. visual inspection) of the extents of the ditches downstream of the proposed outfalls as follows—

(i)outfall from Pond 1: up to and including culvert at Farm Lane overbridge (SMIS reference: 6245, culvert registration ID: 13795);

(ii)outfall from Ponds 2 and 3: up to and including culvert at Royal Naval Air Station Yeovilton;

(iii)outfall from Pond 4: up to culvert north of Frog Lane, West Camel (DRN ID: EAEW1001000000172218); and

(iv)outfall from Pond 5 and 6: up to Dyke Brook; and

(c)an assessment of the sustainability of the drainage proposals and of the opportunities to increase sustainable drainage provision.

(3) The undertaker will make the results of the surveys and assessments undertaken in accordance with this requirement available to the relevant planning authority, the lead local flood authority, the local highway authority and the Environment Agency when undertaking any consultation required by sub-paragraph (1).

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

(5) Runoff from natural catchments must be intercepted to prevent flooding of the carriageway in accordance with HA106/04.

(6) Highway drainage will be designed in accordance with HD 33/16 Design of Highway Drainage Systems and any subsequent design manuals amending or replacing that. The system as a minimum must achieve—

(a)no surcharge of the drainage system during the 100% Annual Exceedance Probability (AEP) storm event;

(b)no flooding from the drainage system during the 20% Annual Exceedance Probability (AEP) storm event;

(c)design exceedance management during the 1% Annual Exceedance Probability (AEP) storm event;

(d)an allowance for the effects of climate change by allowing for a 40% increase in rainfall intensity.

(7) The highway drainage system off-site discharge will be limited, up to and including the 1% annual probability (1 in 100 year event) plus a 40% allowance for climate change, to no greater than the undeveloped rate of run-off as determined by the calculation of Qbar or 2 l/s/ha.

(8) In this paragraph, “the lead local flood authority” has the same meaning as in the Flood and Water Management Act 2010(75).

Noise mitigation

14.—(1) No part of the authorised development is to commence until, after consultation by the undertaker with the relevant planning authority, written details of proposed noise mitigation in respect of the construction, use and operation of that part of the authorised development have been submitted to and approved in writing by the Secretary of State.

(2) Either—

(a)the written details referred to in sub-paragraph (1) must reflect the mitigation measures included in the environmental statement; or

(b)where the mitigation proposed materially differs from the mitigation identified in the environmental statement, the undertaker must provide evidence with the written details submitted that the mitigation 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 mitigation identified in it.

(3) The noise mitigation must be constructed in accordance with the approved details referred to in sub-paragraph (1) and must be retained thereafter.

Highway lighting

15.—(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, after consultation by the undertaker with South Somerset District Council 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, been submitted to and approved in writing by the Secretary of State.

(2) Either—

(a)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

(b)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.

(3) The standard of the highway lighting must encompass the specification, level of provision, light spillage, intensity and brightness of the highway lighting.

(4) The authorised development must be carried out in accordance with the scheme approved under sub-paragraphs (1) and (2).

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

Delivery approach plan

16.—(1) No part of the authorised development is to commence until a delivery approach plan for the construction of the authorised development has, after consultation by the undertaker with the local highway authority and relevant planning authority, been submitted to and approved in writing by the Secretary of State. The delivery approach plan must set how the authorised development will be delivered to ensure that mitigation works will be in place at the point when the works for which that mitigation is required are completed, which mitigation works include but are not limited to—

(a)the landscaping approved under requirements 6 and 7;

(b)the surface water drainage approved under requirement 13;

(c)the noise mitigation approved under requirement 14; and

(d)the highway lighting approved under requirement 15.

(2) Where any requirement refers to any part of the authorised development and discharge is sought for a part, the delivery approach plan must set out how that part fits into the overall plan and why it is appropriate for that part to commence as a part.

Provision of non-motorised user route at western end

17.  No part of the authorised development is to commence until details of a scheme for a bridleway connecting Eastmead Lane from the closure marked B1 on the rights of way and access plans with the southern side of the A303 by way of the Higher Farm Lane overbridge have, after consultation by the undertaker with Somerset County Council, been submitted to and approved in writing by the Secretary of State. The scheme submitted for approval must include an explanation of the mechanisms for delivery of the measures and works set out in it, and where any legal agreement is required, must include a copy of the agreement in terms agreed by the proposed parties.

No through road signs for Traits Lane and Gason Lane

18.  Notwithstanding any provision in this Order, the existing junctions of Traits Lane and Gason Lane with the A303 must not be closed to traffic until a scheme securing the delivery of no through road signs to be installed at the southern junctions of these roads with Blackwell Road has, after consultation by the undertaker with the traffic authority, been submitted to and approved in writing by the Secretary of State.

Speed limit on B3151

19.  Notwithstanding any provision in this Order, the existing junction of the B3151 with the A303 must not be reconfigured until a scheme securing the promotion of a traffic regulation order under the 1984 Act amending the speed limit of this road by Somerset County Council at the expense of the undertaker has been submitted to and approved in writing by the Secretary of State.

Traffic monitoring and mitigation in Sparkford

20.—(1) No part of the authorised development is to commence until written details of a traffic impact monitoring and mitigation scheme for Sparkford High Street has been submitted to and approved in writing by the local highway authority.

(2) The traffic impact monitoring and mitigation scheme must include—

(a)a before and after survey to assess the changes in traffic;

(b)the locations to be monitored and the methodology to be used to collect the required data;

(c)the periods over which traffic is to be monitored;

(d)the submission of survey data and interpretative report to the local highway authority; and

(e)a mechanism for the future approval of mitigation measures together with a programme for their implementation.

(3) The scheme approved under sub-paragraph (1) must be implemented by the undertaker

Approvals and amendments to approved details

21.  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 2PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

22.—(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, the relevant planning authority and the local highway authority 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 23; 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 that considers it likely that the subject matter of the application is to give rise to any materially new or materially different environmental effects in comparison with the authorised development as approved,

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

Further information

23.—(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 21 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(76).

Register of requirements

24.—(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

25.  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 13, 14 and 18

SCHEDULE 3CLASSIFICATION OF ROADS, ETC.

PART 1TRUNK ROADS

  • Shown as dashed purple lines on the Classification of Roads Plans

    (1)

    Area (Parish)

    (2)

    Length of road

    Yeovilton

    West Camel

    Queen Camel

    Sparkford

    A303 eastbound between points A and B on sheets 1,2,3 and 4 of the Classification of Roads Plans, comprising of 5590 metres.

    Yeovilton

    West Camel

    Queen Camel

    Sparkford

    A303 westbound between points C and D on sheets 1,2,3 and 4 of the Classification of Roads Plans, comprising of 5606 metres.
    West CamelCamel Cross Westbound Merge between points H and I of sheet 2 of the Classifications of Roads Plans, comprising of 78 metres.
    West CamelCamel Cross Link between points T and H on sheet 2 of the Classification of Roads Plans, comprising of 83 metres.
    West CamelCamel Cross Westbound Diverge between points G and H of sheet 2 of the Classifications of Roads Plans, comprising of 58 metres.
    West CamelDownhead Junction Eastbound Diverge between points J and K on sheet 2 of the Classification of Roads Plans comprising of 38 metres.
    West CamelDownhead Junction Link between points K and Y on sheet 2 of the Classification of Roads Plans, comprising of 36 metres.
    West CamelDownhead Junction Eastbound Merge between points K and L on sheet 2 of the Classification of Roads Plans, comprising of 36 metres.
    Queen CamelHazlegrove Junction Eastbound Off Slip between points M and N on sheet 3 of the Classification of Roads Plans, comprising of 228 metres.

    Queen Camel

    Sparkford

    Hazlegrove Junction Eastbound On Slip between points AT and O on sheet 4 of the Classification of Roads Plans, comprising of 431 metres.
    SparkfordHazlegrove Junction Westbound On Slip between points P and Q on sheet 4 of the Classification of Roads Plans, comprising of 313 metres.
    SparkfordHazlegrove Junction Westbound Off Slip between points R and S on sheet 4 of the Classification of Roads Plans, comprising of 340 metres.

PART 2AROADS TO BE DE-TRUNKED AND VESTED IN SOMERSET COUNTY COUNCIL

(1)

Area Parish

(2)

Length of road

West CamelFormer A303 from Camel Cross to Steart Hill between points W and AR on sheet 1 of the De-trunking plans, comprising of 535 metres.
West CamelFormer A303 West of Howell Hill between points AQ and AF on sheet 2 of the De-trunking plans, comprising of 120 metres.

West Camel

Queen Camel

Former A303 east of Steart Hill between points AI and EA on sheet 2 of the De-trunking plans, comprising of 279 metres.
SparkfordHazlegrove roundabout between points P, S, AO and AK on sheet 3 of the De-trunking plans comprising of 167 metres.

PART 2BROADS TO BE DE-TRUNKED AND REMAIN UNDER THE CONTROL AND MANAGEMENT OF THE UNDERTAKER

Queen Camel

Sparkford

Former A303 west of Hazlegrove roundabout between points AN and EI on sheet 3 of the De-trunking plans, comprising of 622 metres.

PART 3CLASSIFIED A ROADS

  • Shown as dashed blue lines on the Classification of Roads Plans

    (1)

    Area

    (2)

    Length of road

    Queen CamelCamel Hill Roundabout on sheet 3 of the Classification of Roads Plans, circulatory carriageway length comprising of 113 metres.

    Queen Camel

    Sparkford

    Camel Hill Link, between points AJ and AK on sheets 3 and 4 of the Classification of Roads Plans, comprising of 687 metres.
    SparkfordHazlegrove Roundabout on sheet 4 of the Classification of Roads Plans, circulatory carriageway length comprising of 167 metres.

PART 4CLASSIFIED B ROADS

  • Shown as dashed green lines on the Classification of Roads Plans

    (1)

    Area

    (2)

    Length of road

    West CamelB3151 Link between points V and W, on sheet 2 of the Classification of Roads Plans, comprising of 490 metres.
    West CamelFormer A303 (Camel Cross to Steart Hill) between points W and AR on sheet 2 of the Classification of Roads Plans, comprising of 535 metres.
    West CamelSteart Hill Link to Old A303 between points AR and AS on sheet 2 of the Classification of Roads Plans, comprising of 210 metres.
    West CamelDownhead Junction Link between points Z and Y on sheet 2 of the Classification of Roads Plans, comprising of 305 metres.
    West CamelSteart Hill Roundabout on sheet 2 of the Classification of Roads Plans, circulatory carriageway length comprising of 88 metres.

PART 5UNCLASSIFIED ROADS

  • Shown as dashed orange lines on the Classification of Roads Plans

    (1)

    Area

    (2)

    Length of road

    West CamelHowell Hill Link (West) between points AP and AQ on sheet 2 of the Classification of Roads Plans, comprising 180 metres.
    West CamelFormer A303 (West of Howell Hill) between points AQ and AF on sheet 2 of the Classification of Roads Plans, comprising 120 metres.
    West CamelHowell Hill Link (East) between points AF and AG on sheets 2 and 3 of the Classification of Roads Plans, comprising 376 metres.
    West CamelDownhead Lane between points X and Y on sheet 2 of the Classification of Roads Plans, comprising 365 metres.
    West CamelSteart Hill Link between points AB and AC on sheets 2 and 3 of the Classification of Roads Plans, comprising 594 metres.
    West CamelSteart Hill (north) between points AD and AE on sheet 3 of the Classification of Roads Plans, comprising 54 metres.
    West CamelSteart Hill between points AE and AH on sheet 3 of the Classification of Roads Plans, comprising 72 metres.
    West CamelSteart Hill (south) between points AH and AI on sheet 3 of the Classification of Roads Plans, comprising 120 metres.

    West Camel

    Queen Camel

    Former A303 (East of Steart Hill) between points AI and EA on sheet 3 of the Classification of Roads Plans, comprising 235 metres.
    Queen CamelCamel Hill Quarry Turning Head between points EA and EE on sheet 3 of the Classification of Roads Plans, comprising of 44 metres.
    West CamelDownhead Turning Head between points EK and EJ on sheet 2 of the Classification of Roads Plans, comprising of 33 metres.
    Queen CamelVale Farm Link between points AL and AM on sheet 3 of the Classification of Roads Plans, comprising 339 metres.
    Queen CamelCamel Hill Services Turning Head between points EI and EB on sheet 3 of the Classification of Roads Plans, comprising of 32 metres.
    Queen CamelGason Lane Turning Head between points EG and EH on sheet 3 of the Classification of Roads Plans, comprising of 33 metres.

    Queen Camel

    Sparkford

    Former A303 (West of Hazlegrove Roundabout) between points EB and AN on sheets 3 and 4 of the Classification of Roads Plans, comprising 596 metres.
    SparkfordRidge Copse Link between points AN and AO on sheet 4 of the Classification of Roads Plans, comprising 87 metres.
    Queen CamelTraits Lane Turning Head between points DN and EF on sheet 3 of the Classification of Roads Plans, comprising 39 metres.

PART 6SPEED LIMITS

(1)

Area

(2)

Road name, number and length

(3)

Speed limit

Yeovilton

West Camel

Queen Camel

Sparkford

A303 eastbound, comprising a length of 5590 metres

Shown as a dashed purple line between points A and B as shown on sheets 1,2,3 and 4 of the Permanent Speed Limit Order Plans.

National Speed Limit

Yeovilton

West Camel

Queen Camel

Sparkford

A303 westbound, comprising a length of 5606 metres

Shown as a dashed purple line between points C and D as shown on sheets 1,2,3 and 4 of the Permanent Speed Limit Order Plans.

National Speed Limit
West CamelB3151 Link shown as a dashed green line between points V and W on sheet 2 of the Permanent Speed Limit Order Plans, comprising 490 metres.50 miles per hour
West CamelCamel Cross Junction Westbound Merge shown as a dashed purple line between points H and I on sheet 2 of the Permanent Speed Limit Order Plans comprising of 78 metres.National Speed Limit
West CamelCamel Cross Link shown as a dashed purple line between points T and H on sheet 2 of the Permanent Speed Limit Order Plans, comprising 79 metres.National Speed Limit
West CamelCamel Cross Junction Westbound Diverge shown as a dashed purple line between points G and H on sheet 2 of the Permanent Speed Limit Order Plans, comprising of 58 metres.National Speed Limit
West CamelDownhead Turning Head shown as a dashed purple line between points EJ and EK on sheet 2 of the Permanent Speed Limit Order Plans, comprising 33 metres.National Speed Limit
West CamelFormer A303 (Camel Cross to Steart Hill) shown as a dashed green line between points W and AR on sheet 2 of the Permanent Speed Limit Order Plans, comprising 535 metres.50 miles per hour
West CamelDownhead Lane shown as a dashed purple line between points X and Y on sheet 2 of the Permanent Speed Limit Order Plans, comprising 365 metres.National Speed Limit
West CamelDownhead Junction Eastbound Diverge shown as a dashed purple line between points J and K on sheet 2 of the Permanent Speed Limit Order Plans, comprising of 38 metres.National Speed Limit
West CamelDownhead Junction Link shown as a dashed purple line between points K and Z on sheet 2 of the Permanent Speed Limit Order Plans, comprising 338 metres.National Speed Limit
West CamelDownhead Junction Eastbound Merge shown as a dashed purple line between points K and L on sheet 2 of the Permanent Speed Limit Order Plans, comprising of 36 metres.National Speed Limit
West CamelSteart Hill Link to Old A303 shown as a dashed green line between points AR and AS on sheet 2 of the Permanent Speed Limit Order Plans, comprising 210 metres.50 miles per hour
West CamelSteart Hill Roundabout shown as a dashed green line on sheet 2 of the Permanent Speed Limit Order Plans, circulatory carriageway length comprising 88 metres.50 miles per hour
West CamelSteart Hill Link shown as a dashed purple line between points AB and EL on sheets 2 and 3 of the Permanent Speed Limit Order Plans, comprising 417 metres.National Speed Limit
West CamelHowell Hill Link (West) shown as a dashed orange line between points AP and AQ on sheet 2 of the Permanent Speed Limit Order Plans, comprising 180 metres.30 miles per hour
West CamelFormer A303 (West of Howell Hill) shown as a dashed orange line between points AQ and AF on sheet 2 of the Permanent Speed Limit Order Plans, comprising 120 metres.30 miles per hour
West CamelHowell Hill Link (East) shown as a dashed orange line between points AF and AG on sheets 2 and 3 of the Permanent Speed Limit Order Plans, comprising 376 metres.30 miles per hour
West CamelSteart Hill Link shown as a dashed orange line between points EL and AC on sheet 3 of the Permanent Speed Limit Order Plans, comprising 174 metres.30 miles per hour
West CamelSteart Hill (north) shown as a dashed orange line between points AD and AE on sheet 3 of the Permanent Speed Limit Order Plans, comprising 54 metres.30 miles per hour
West CamelSteart Hill shown as a dashed orange line between points AE and AH on sheet 3 of the Permanent Speed Limit Order Plans, comprising 72 metres.30 miles per hour
West CamelSteart Hill (south) shown as a dashed orange line between points AH and AI on sheet 3 of the Permanent Speed Limit Order Plans, comprising 120 metres.30 miles per hour

West Camel

Queen Camel

Former A303 (East of Steart Hill) shown as a dashed orange line between points AI and EA on sheet 3 of the Permanent Speed Limit Order Plans, comprising 235 metres.30 miles per hour
Queen CamelCamel Hill Quarry Turning Head shown as a dashed orange line between points EA and EE on sheet 3 of the Permanent Speed Limit Order Plans, comprising 44 metres.30 miles per hour
Queen CamelTraits Lane Turning Head shown as a dashed purple line between points DN and EF on sheet 3 of the Permanent Speed Limit Order Plans, comprising 39 metres.National Speed Limit
Queen CamelVale Farm Link shown as a dashed purple line between points AL and AM on sheet 3 of the Permanent Speed Limit Order Plans, comprising 339 metres.National Speed Limit
Queen CamelHazlegrove Junction Eastbound Off slip shown as a dashed purple line between points M and N on sheet 3 of the Permanent Speed Limit Order Plans, comprising 228 metres.National Speed Limit
Queen CamelGason Lane Turning Head shown as a dashed purple line between points EH and EG on sheet 3 of the Permanent Speed Limit Order Plans, comprising 33 metres.National Speed Limit
Queen CamelCamel Hill Roundabout shown as a dashed purple line on sheet 3 of the Permanent Speed Limit Order Plans, circulatory carriageway length comprising 113 metres.National Speed Limit
Queen CamelCamel Hill Services Turning Head shown as a dashed purple line between points EI and EB on sheet 3 of the Permanent Speed Limit Order Plans, comprising 32 metres.National Speed Limit

Queen Camel

Sparkford

Camel Hill Link shown as a dashed purple line between points AJ and AK on sheets 3 and 4 of the Permanent Speed Limit Order Plans, comprising 687 metres.National Speed Limit

Sparkford

Queen Camel

Former A303 (West of Hazlegrove Roundabout) shown as a dashed purple line between points EB and AN on sheet 3 and 4 of the Permanent Speed Limit Order Plans, comprising 596 metres.National Speed Limit

Queen Camel

Sparkford

Hazlegrove Junction Eastbound On slip shown as a dashed purple line between points AT and O on sheet 4 of the Permanent Speed Limit Order Plans, comprising 431 metres.National Speed Limit
SparkfordRidge Copse Link shown as a dashed purple line between points AN and AO on sheet 4 of the Permanent Speed Limit Order Plans, comprising 87 metres.National Speed Limit
SparkfordHazlegrove Junction Westbound on slip shown as a dashed purple line between points P and Q on sheet 4 of the Permanent Speed Limit Order Plans, comprising 313 metres.National Speed Limit
SparkfordHazlegrove Roundabout shown as a dashed purple line on sheet 4 of the Permanent Speed Limit Order Plans, circulatory carriageway length comprising 167 metres.National Speed Limit
SparkfordHazlegrove Junction Westbound off slip shown as a dashed purple line between points R and S on sheet 4 of the Permanent Speed Limit Order Plans, comprising 340 metres.National Speed Limit

PART 7TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

(1)

Area

(2)

Road name, number and length

(3)

Measures

Yeovilton

West Camel

Queen Camel

Sparkford

A303 eastbound shown as a dashed green line between points A and B on sheets 1,2,3 and 4 of the Traffic Regulation Measures Plans, comprising of 5590 metres.Clearway (to include verges, hard shoulders and hard strips)

Yeovilton

West Camel

Queen Camel

Sparkford

A303 westbound shown as a dashed green line between points C and D on sheets 1,2,3 and 4 of the Traffic Regulation Measures Plans, comprising of 5606 metres.Clearway (to include verges, hard shoulders and hard strips)
West CamelCamel Cross Westbound Merge shown as a dashed green line between points H and I of sheet 2 of the Traffic Regulation Measures Plans, comprising of 78 metres.Clearway (to include verges, hard shoulders and hard strips)
West CamelCamel Cross Link shown as a dashed green line between points T and H on sheet 2 of the Traffic Regulation Measures Plans, comprising 77 metres.Clearway (to include verges, hard shoulders and hard strips)
West CamelCamel Cross Westbound Diverge shown as a dashed green line between points G and H of sheet 2 of the Traffic Regulation Measures Plans, comprising of 58 metres.Clearway (to include verges, hard shoulders and hard strips)
West CamelDownhead Junction Eastbound Diverge shown as a dashed green line between points J and K on sheet 2 of the Traffic Regulation Measures Plans, comprising of 38 metres.Clearway (to include verges, hard shoulders and hard strips)
West CamelDownhead Junction Link shown as a dashed green line between points K and Y on sheet 2 of the Traffic Regulation Measures Plans comprising 33 metres.Clearway (to include verges, hard shoulders and hard strips)
West CamelDownhead Junction Eastbound Merge shown as a dashed green line between points K and L on sheet 2 of the Traffic Regulation Measures Plans, comprising of 36 metres.Clearway (to include verges, hard shoulders and hard strips)
Queen CamelHazlegrove Junction Eastbound Off Slip shown as a dashed green line between points M and N on sheet 3 of the Traffic Regulation Measures Plans, comprising of 228 metres.Clearway (to include verges, hard shoulders and hard strips)

Queen Camel

Sparkford

Hazlegrove Junction Eastbound On Slip shown as a dashed green line between points AT and O on sheet 4 of the Traffic Regulation Measures Plans, comprising of 431 metres.Clearway (to include verges, hard shoulders and hard strips)
SparkfordHazlegrove Junction Westbound On Slip shown as a dashed green line between points P and Q on sheet 4 of the Traffic Regulation Measures Plans, comprising of 313 metres.Clearway (to include verges, hard shoulders and hard strips)
SparkfordHazlegrove Junction Westbound Off Slip shown as a dashed green line between points R and S on sheet 4 of the Traffic Regulation Measures Plans, comprising of 340 metres.Clearway (to include verges, hard shoulders and hard strips)

PART 8TRAFFIC REGULATION MEASURES (WEIGHT RESTRICTIONS)

(1)

Area

(2)

Road name, number and length

(3)

Measures

West CamelHowell Hill Link (West) shown as a dashed purple line between points AP and AQ on sheet 2 of the Traffic Regulation Measures Plans, comprising 180 metres.7.5 tonne weight restriction (except for loading and exempt vehicles)
West CamelFormer A303 (West of Howell Hill) shown as a dashed purple line between points AQ and AF on sheet 2 of the Traffic Regulation Measures Plans, comprising 120 metres.7.5 tonne weight restriction (except for loading and exempt vehicles)
West CamelHowell Hill Link (East) shown as a dashed purple line between points AF and AG on sheets 2 and 3 of the Traffic Regulation Measures Plans, comprising 376 metres.7.5 tonne weight restriction (except for loading and exempt vehicles)

PART 9TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)

(1)

Area

(2)

Road name, number and length

(3)

Measures

West CamelA303 eastbound, located at 1,210 metres in eastern direction from Higher Farm Lane Overbridge, layby shown coloured light blue on sheet 1 of the Traffic Regulation Measures Plans.Waiting restricted to two hours
West Camel,A303 westbound, located at 3,477 metres in eastern direction from Higher Farm Lane Overbridge, layby shown coloured light blue on sheet 3 of the Traffic Regulation Measures Plans.Waiting restricted to two hours

PART 10REVOCATIONS AND VARIATIONS OF ORDERS

(1)

Area

(2)

Road name, number

(3)

Title of Order

(4)

Revocations or variations

Yeovilton

West Camel

Queen Camel

Sparkford

A303The A303 Trunk Road (Sparkford to Podimore) (50 miles per hour speed limit) Order 1999To be partially revoked to the extent shown as a dashed blue line on sheets 1, 2, 3 and 4 of the Traffic Regulation Measures Plans.

West Camel

Queen Camel

Sparkford

A303The London-Penzance Trunk Road (A303) Tintinhull to West of Sparkford (Prohibition of Waiting) (Clearways) Order 1978To be partially revoked between the junction of the A303 and the A359 (Hazlegrove Roundabout) and the junction of the A303 and the B3151 (Camel Cross) (as shown shaded pink on the Traffic Regulation Measures Plans sheets 2,3 and 4, comprising 3,490 metres.

Yeovilton

West Camel

Queen Camel

Sparkford

A303A303 Trunk Road (Sparkford To Ilchester Improvement and Slip Roads) (Detrunking) Order 1996To be revoked in so far as it is in force and within the Order limits

Yeovilton

West Camel

Queen Camel

Sparkford

A303A303 Trunk Road (Sparkford to Ilchester Improvement and Slip Roads) Order 1996To be revoked in so far as it is in force and within the Order limits

Yeovilton

West Camel

Queen Camel

Sparkford

A303Sparkford to Ilchester improvement and slip roads Side Roads Order 1996To be revoked in so far as it is in force and within the Order limits.
West CamelHowell HillThe County Council of Somerset (Bridgehampton and West Camel) (Weight Restriction) Order 2007To be revoked from the junction of Howell Hill and the existing A303 at Canegore Corner and point AG shown on Sheet 3 of the Traffic Regulatory Measures Plans

PART 11PUBLIC RIGHTS OF WAY

(1)

Area

(2)

Length of Footpath/Cycle track/Bridleway//Footway in verge

West CamelFootway in verge. Reference AN-AO shown on sheet 2 of the Rights of Way and Access Plans. 175m.
West CamelFootway in verge. Reference AP-AQ-BV shown on sheet 2 of the Rights of Way and Access Plans. 230m.
West CamelBridleway. Reference AW-AX shown on sheets 2 and 3 of the Rights of Way and Access Plans. 370m.
West CamelFootway in verge. Reference AR-AV shown on sheet 2 of the Rights of Way and Access Plans. 40m.
West CamelBridleway in verge. Reference AV-AS shown on sheet 2 of the Rights of Way and Access Plans. 330m.
West CamelBridleway in verge. Reference AJ-BW shown on sheets 2 and 3 of the Rights of Way and Access Plans. 420m.
West CamelBridleway in verge. Reference AB-AK shown on sheet 2 of the Rights of Way and Access Plans. 40m.
West CamelBridleway. Reference AA-AB shown on sheets 1 and 2 of the Rights of Way and Access Plans. 1870m.
West CamelBridleway. Reference AC-AD-AE-AF-AG-AH-AI-AJ shown on sheet 2 of the Rights of Way and Access Plans. 620m.
West CamelBridleway. Reference AT-AU shown on sheet 2 of the Rights of Way and Access Plans. 360m.
West CamelBridleway. Reference AV-AW shown on sheet 2 of the Rights of Way and Access Plans. 120m.
West CamelFootpath. Reference AL-AM shown on sheet 2 of the Rights of Way and Access Plans. 190m.

West Camel

Queen Camel

Bridleway. Reference AX-AY shown on sheet 3 of the Rights of Way and Access Plans. 930m.
Queen CamelBridleway in verge. Reference BE-BF shown on sheets 3 and 4 of the Rights of Way and Access Plans. 140m.
Queen CamelFootway in verge. Reference BC-BD shown on sheet 3 of the Rights of Way and Access Plans. 30m.
Queen CamelFootpath. Reference AZ-BA-BB-CE shown on sheet 3 of the Rights of Way and Access Plans. 400m.
Queen CamelBridleway. Reference BL-BK shown on sheet 3 of the Rights of Way and Access Plans. 60m.
Queen CamelBridleway. Reference BD-BY shown on sheet 3 of the Rights of Way and Access Plans. 210m.
Queen CamelBridleway. Reference BE-BY shown on sheet 3 of the Rights of Way and Access Plans. 20m.
Queen CamelBridleway. Reference BI-BH shown on sheet 4 of the Rights of Way and Access Plans. 50m.
Queen CamelBridleway in verge. Reference BH-BG shown on sheet 4 of the Rights of Way and Access Plans. 480m.
Queen Camel SparkfordFootway. Reference BI-BX-BQ-BH shown on sheet 4 of the Rights of Way and Access Plans. 200m.
Queen Camel SparkfordFootpath. Reference BF-BM-BN-BO-BP shown on sheet 4 of the Rights of Way and Access Plans. 760m.
SparkfordFootway/cycleway in verge. Reference BT-BU shown on sheet 4 of the Rights of Way and Access Plans. 100m.
SparkfordFootway/cycleway in verge. Reference BR-BS shown on sheet 4 of the Rights of Way and Access Plans. 30m.

Queen Camel

Sparkford

Bridleway in verge. Reference BK-BJ-BI shown on sheets 3 and 4 of the Rights of way and Access Plans. 620m.
SparkfordFootpath Reference BY-BN shown on sheets 3 and 4 of the Rights of Way and Access Plans. 260m.

PART 12NOTIFICATION OF DATES TO BE DETERMINED

26.—(1) Where in accordance with article 14 (classification of roads, etc.) any classification, speed limit, traffic regulation measure, restriction, revocation or variation or part thereof is to take effect from a day to be determined, the undertaker must notify the date for each classification, speed limit, traffic regulation measure, restriction, revocation or variation or part thereof as follows—

(a)notice must be served no less than 14 days before the day to be determined;

(b)notice must be served on—

(i)the relevant highway authority in whose area the road in question is situated;

(ii)the traffic authority in whose area the road in question is situated;

(iii)South Somerset District Council; and

(iv)the Chief Constable of police for the area in which the road is situated.

(2) Notices served under paragraph (1) may make reference to more than one determination under article 14.

Articles 16 and 27

SCHEDULE 4PERMANENT 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 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) and blue cross-hatching (for other classified roads and highways) (as shown in the key on the rights of way and access plans), and will be a road unless the description ‘footpath’, ‘bridleway’, ‘footway’ or ‘cycle track’ is stated 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 capital letter B followed by the reference number for that access 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 thin black line 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 1HIGHWAYS 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

Yeovilton

West Camel

Bridleway Y30/28To be stopped up over distance of 27 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset C, sheet 1 of the Rights of Way and Access Plans.

Yeovilton

West Camel

A303 westbound off slip at Podimore.To be stopped up over a distance of 156 metres, eastwards from a point 775 metres east of the existing Higher Farm Lane Overbridge. Reference A1 shown as a black dashed hatch in Inset C, Sheet 1 of the Rights of Way and Access Plans.
West CamelFootpath Y27/21To be stopped up in its entirety. Shown as a red dotted line in Inset D, sheet 2 of the Rights of Way and Access Plans.
West CamelUn-named road at Camel CrossTo be stopped up over a distance of 115 metres, northwards from its southern limits. Reference A4 shown as a black dashed hatch in Inset D, Sheet 2 of the Rights of Way and Access Plans.
Queen CamelTraits Lane, Camel HillTo be stopped up over a distance of 5 metres southwards from its junction with the existing A303. Reference A11 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.
Queen CamelFootpath WN23/32To be stopped up over a distance of 131 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset G sheet 3 of the Rights of Way and Access Plans.
Queen CamelFootpath WN23/10To be stopped up over a distance of 66 metres southwards from its junction with the existing A303. Shown as a red dotted line in Inset G sheet 3 of the Rights of Way and Access Plans.
Queen CamelFootpath WN23/33To be stopped up over a distance of 60 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset G sheet 3 of the Rights of Way and Access Plans.
Queen CamelGason Lane, Camel HillTo be stopped up over a distance of 21 metres southwards from its junction with the existing A303. Reference A13 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.

PART 2HIGHWAYS 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

West CamelA303 Trunk Road at Camel CrossTo be stopped up over a distance of 475 metres westwards from a point 585 metres west of the existing A303 / Plowage Lane junction. Reference A2 shown as a black dashed hatch in Inset D, Sheet 2 of the Rights of Way and Access Plans.A303 Eastbound and A303 Westbound.
West CamelA303 Trunk Road at Camel CrossTo be stopped up over a distance of 130 metres westwards from a point 417 metres west of the existing A303 / Plowage Lane junction. Reference A3 shown as a black dashed hatch in Inset D, Sheet 2 of the Rights of Way and Access Plans.A303 Eastbound and A303 Westbound.
West CamelFootpath Y27/29To be stopped up over a distance of 27 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset D sheet 2 of the Rights of Way and Access Plans.

New footway AN-AO. Then

Existing footway AO-AP. Then

New footway AP-AQ. Then

Road crossing AQ-AR. Then

New footway AR-AV. Then

New bridleway in verge AV-AS. Then

Road crossing AS-AJ. Then

New bridleway AJ-AI-AH-AG-AF-AE-AD-AC. Then

Road crossing AC-AB. Then

New bridleway in verge AB-AK. Then

Existing footpath Y27/10.

West CamelFootpath Y27/10To be stopped up over a distance of 208 metres northwards from its junction with the existing A303. Shown as a red dotted line in Inset E sheet 2 of the Rights of Way and Access Plans.

New bridleway AT-AU. Then

Road crossing AU-AV. Then

New bridleway in verge AV-AS. Then

Road crossing AS-AJ. Then

New bridleway AJ-AI-AH-AG-AF-AE-AD-AC. Then

Road crossing AC-AB. Then

New bridleway in verge AB-AK.

West CamelUn-named road at PlowageTo be stopped up over a distance of 165 metres northwards from its junction with the existing A303. Reference A5 shown as a black dashed hatch in Inset E, Sheet 2 of the Rights of Way and Access Plans.

Downhead Lane

Downhead Junction Link

Steart Hill Roundabout

Steart Hill Link to Old A303

West CamelFootpath Y27/UNTo be stopped up in its entirety. Shown as a red dotted line in Inset E sheet 2 of the Rights of Way and Access Plans.

New bridleway AF-AE-AD-AC

Road crossing AC-AB

West CamelFootpath Y27/9To be stopped up over a distance of 245 metres northwards from its junction with the existing A303. As shown as a red dotted line in Inset E sheet 2 of the Rights of Way and Access Plans.

New bridleway AT-AU. Then

Road crossing AU-AV. Then

New bridleway in verge AV-AS. Then

Road crossing AS-AJ. Then

New bridleway AJ-AI-AH-AG-AF

West CamelA303 Trunk Road at Canegore CornerTo be stopped up over a distance of 146 metres eastwards from a point 567 metres east of the existing A303 /Plowage Lane junction. Reference A6 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.A303 Eastbound and A303 Westbound.
West CamelSteart Hill, near Canegore CornerTo be stopped up over a distance of 74 metres, northwards from a point 134 metres north of the Steart Hill junction with the existing A303. Reference A7 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.

Steart Hill Link

Steart Hill (North).

West CamelSteart Hill, Canegore CornerTo be stopped up over a distance of 17 metres northwards from its junction with the existing A303. Reference A8 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.A303
West CamelHowell Hill, Canegore CornerTo be stopped up over a distance of 79 metres southwards from its junction with the existing A303. Reference A9 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.A303
Queen CamelA303 Trunk Road at Camel HillTo be stopped up over a distance of 232 metres westwards from a point 298 metres west of the existing A303 / Traits Lane junction. Reference A10 shown as a black dashed hatch in Inset F, Sheet 3 of the Rights of Way and Access Plans.A303 Eastbound and A303 Westbound.
Queen CamelUn-named road at Camel HillTo be stopped up over a distance of 70 metres northwards from its junction with the existing A303. Reference A12 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.

Vale Farm Link

Camel Hill Roundabout

Camel Hill Link

Queen CamelA303 Trunk Road at Camel HillTo be stopped up over a distance of 111 metres eastwards from a point 43 metres east of the existing A303 /Gason Lane junction. Reference A14 shown as a black dashed hatch in Inset G, Sheet 3 of the Rights of Way and Access Plans.A303 Eastbound and A303 Westbound.
Queen Camel SparkfordFootpath WN23/12To be stopped up over a distance of 434 metres eastwards from its junction with the existing A303. Shown by a red dotted line in Inset H sheet 4.

New bridleway in verge BJ-BI. Then

New bridleway BI-BH. Then

New bridleway in verge BH-BG. Then

Road crossing BG-BF. Then

New footpath in verge BF-BM. Then

New footpath BM-BN, New footpath BN-BO, then

New footpath BO-BP

SparkfordA303 Trunk Road eastbound carriageway at HazlegroveTo be stopped up over a distance of 254 metres, eastwards from a point 38 metres east of its junction with the existing Hazlegrove Roundabout. Reference A15 shown by a black dashed hatch in Inset H, Sheet 4 of the Rights of Way and Access Plans.A303 Eastbound.

PART 3PRIVATE 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

Queen CamelAccess to land south of the A303 at Camel Hill.Reference B16 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.
West CamelField access off the northern verge of the A303 near Steart Hill.Reference B20 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.
West CamelField access off the northern verge of the A303 near Steart Hill.Reference B21 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.
West CamelAccess to Annis Hill Farm off the northern verge of the A303 near Camel Cross.Reference B22 shown in solid black in inset D of sheet 2 of the Rights of Way and Access Plans.
West CamelField access off the eastern verge of Downhead Lane.Reference B27 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.
Queen CamelAccess to Camel Hill Cottage from the A303 opposite Traits Lane.Reference B29 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.

PART 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS 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

Yeovilton

West Camel

Field access off the northern verge of the A303 at Eastmead Lane.Reference B1 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.Reference 1 via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West CamelField access off the northern verge of the A303 near the slip road to Podimore.Reference B2 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.References 2 and 2A via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West CamelField access off the northern verge of the A303 near the slip road to Podimore.Reference B3 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.Reference 3 via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.

Yeovilton

West Camel

Field access off the southern verge of the A303 near the slip road to Podimore.Reference B4 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.References 4 and 5 via Tracks 4 and 9 from Camel Cross Link, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West CamelField access off the northern verge of the A303 near the slip road to Podimore.Reference B5 shown in solid black in Inset C of sheet 1 of the Rights of Way and Access Plans.References 6 and 6A via Tracks 2 and 3 from Downhead Lane, shown on sheets 1 and 2 of the Rights of Way and Access Plans.
West CamelField access off the northern verge of the A303 near Camel Cross.Reference B6 shown in solid black in Inset D of sheet 2 of the Rights of Way and Access Plans.Reference 7 via Track 2 from Downhead Lane, shown on sheet 2 of the Rights of Way and Access Plans.
West CamelField access off the northern verge of the A303 near Camel Cross.Reference B7 shown in solid black in Inset D of sheet 2 of the Rights of Way and Access Plans.Reference 8 via Track 2 from Downhead Lane, shown on sheet 2 of the Rights of Way and Access Plans.
West CamelField access off the western verge of the un-named local road at Plowage.Reference B8 shown in solid black in Inset E of sheet 2 of the Rights of Way and Access Plans.Reference 9 via Track 2 from Downhead Lane, shown on sheet 2 of the Rights of Way and Access Plans.
West CamelField access off the eastern verge of the un-named local road at Plowage.Reference B9 shown in solid black in Inset E of sheet 2 of the Rights of Way and Access Plans.Reference 10 shown on sheet 2 of the Rights of Way and Access Plans.
West CamelAccess to The Spinney, off the eastern verge of the un-named local road at Plowage.Reference B10 shown in solid black in Inset E of sheet 2 of the Rights of Way and Access Plans.Reference 11 shown on sheet 2 of the Rights of Way and Access Plans.
West CamelAccess to Hill View, off the southern verge of the A303 near Canegore Corner.Reference B11 shown in solid black in Inset F of sheet 3 of the Rights of Way and Access Plans.Reference 18 shown on sheet 3 of the Rights of Way and Access Plans.
West CamelField access off Slate Lane, Steart Hill.Reference B12 shown in solid black in Inset F of sheet 3 of the Rights of Way and Access Plans.Reference 30 shown on sheet 3 of the Rights of Way and Access Plans.

West Camel

Queen Camel

Field access off the southern verge of the A303 near Canegore Corner.Reference B13 shown in solid black in inset F of sheet 3 of the Rights of Way and Access Plans.Reference 20 via Track 6 from Howell Hill Link (East), shown on sheet 3 of the Rights of Way and Access Plans.
Queen CamelField access off the southern verge of the A303 near Camel Hill.Reference B14 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.Reference 21 via Track 7 from Traits Lane Turning Head, shown on sheet 3 of the Rights of Way and Access Plans.
Queen CamelAccess off the northern verge of the A303 at Camel Hill.Reference B15 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.Reference 23 via local road at Camel Hill and Vale Farm Link, shown on sheet 3 of the Rights of Way and Access Plans.
Queen CamelAccess off the northern verge of the A303 to Pepper Hill Cottage.Reference B17 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.Reference 24, as shown on sheet 3 of the Rights of Way and Access Plans.

Queen Camel

Sparkford

Access off the Hazlegrove Roundabout to Hazlegrove School.Reference B18 shown in solid black in inset H of sheet 4 of the Rights of Way and Access Plans.Reference 27 from Camel Hill Link, as shown on sheet 4 of the Rights of Way and Access Plans.
West CamelField access off the northern verge of the A303 near Steart Hill.Reference B19 shown in solid black in inset F of sheet 3 of the Rights of Way and Access Plans.Reference 14 as shown on sheet 2 of the Rights of Way and Access Plans.
Queen CamelField access off Traits Lane.Reference B23 shown in solid black in inset G of sheet 3 of the Rights of Way and Access Plans.Reference 22 as shown on sheet 3 of the Rights of Way and Access Plans.
West CamelField access off the northern verge of the B3151 near Camel Cross.Reference B24 shown in solid black in inset D of sheet 2 of the Rights of Way and Access Plans.Reference 31 as shown on sheet 1 of the Rights of Way and Access Plans.
West CamelField access off the southern verge of the A303 near Plowage.Reference B25 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.Reference 28 as shown on sheet 2 of the Rights of Way and Access Plans.
West CamelField access off the southern verge of the A303 near Plowage.Reference B26 shown in solid black in inset E of sheet 2 of the Rights of Way and Access Plans.Reference 29 as shown on sheet 2 of the Rights of Way and Access Plans.
West CamelField access off the eastern verge of Steart Hill near the garage.Reference B28 shown in solid black in inset F of sheet 3 of the Rights of Way and Access Plans.Reference 32 as shown on sheet 3 of the Rights of Way and Access Plans.

PART 5ALTERATIONS TO PRIVATE MEANS OF ACCESS

(1)

Parish(es)

(2)

Private Means of Access to be altered

West CamelReference 12. Modified access to Hawk House across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West CamelReference 13. Modified access to Hawk House / The Bungalow across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West CamelReference 15. Modified access to Lamorna across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West CamelReference 16. Modified access to West Camel Methodist Church across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West CamelReference 17. Modified access to Crusty Cottage across verge, shown on sheet 2 of the Rights of Way and Access Plans.
West CamelReference 19. Modified access to Bromar across verge, shown on sheet 3 of the Rights of Way and Access Plans.
West CamelReference 26. Modified access to MOD land from Gason Lane Turning Head, shown on sheet 3 of the Rights of Way and Access Plans.
West CamelReference 33. Modified access north of Steart Hill Garage, shown on sheet 3 of the Rights of Way and Access Plans.
Queen CamelReference 34. Modified access to Camel Hill House shown on sheet 3 of the Rights of Way and Access Plans.

PART 6NEW PRIVATE MEANS OF ACCESS

(1)

Parishes

(2)

Private Means of Access to be created

Queen CamelReference 25. Access to land to the east of Camel Hill Farm, shown on sheet 3 of the Rights of Way and Access Plans.
Queen CamelReference 35. Access to land adjacent to Gason Lane, shown on sheet 3 of the Rights of Way and Access Plans.

Article 26

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

(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

1/2bTo plant and maintain hedgerows and undertake and maintain landscaping.Work Nos. 2 and 5
1/4aTo construct, operate and maintain a drainage outfall including access with or without vehicles.Work No. 6
2/2eTo construct and maintain a boundary fence, plant and maintain hedgerows and undertake and maintain landscaping, including planting.Work No. 11
3/1a

To undertake all works necessary to use the land for the ecological works including translocation of Great Crested Newts, reptiles and other species from the Order Land; and also including vegetation clearance, planting, landscaping, creation of a hibernacula, habitat improvement and the installation of fencing and access with or without vehicles to maintain the same.

To impose a restrictive covenant that the owner may not remove, damage, obstruct or interfere with any works undertaken for the purposes of using the land for the translocation of species from the Order Land for a period of five years from the date of opening of the Scheme.

Work No. 39
3/1b

To undertake all works necessary to use the land for the ecological works including translocation of Great Crested Newts, reptiles and other species from the Order Land; and also including vegetation clearance, planting, landscaping, creation of a hibernacula, habitat improvement and the installation of fencing and access with or without vehicles to maintain the same.

To impose a restrictive covenant that the owner may not remove, damage, obstruct or interfere with any works undertaken for the purposes of using the land for the translocation of species from the Order Land for a period of five years from the date of opening of the Scheme.

Work No. 40
3/2aTo construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.All works
4/1fTo construct, operate, access and maintain a way suitable for use by the public on foot, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.Work No. 16
4/2aTo construct, operate, access and maintain a way suitable for use by the public on foot, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.Work No. 16
4/4b

To designate the road to be formed on part of the plot as public highway open to vehicular traffic on its completion.

To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles.

Work Nos. 27, 38 and 38A
4/4gTo construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.All works
4/7aTo construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.All works
4/8bTo construct, operate and maintain a drainage outfall including access with or without vehicles.Work No. 29
5/1bTo construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.All works
5/3j

To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.

To construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles.

Work Nos. 61 and 69
5/4cTo construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehiclesWork No. 48
5/5cTo construct, divert, use and maintain utility connections and equipment including electric cables, equipment and apparatus including access with or without vehicles.Work No. 48
5/8bTo construct, operate, access and maintain a private means of access including creation of vehicular rights of access to the property served thereby.Work No. 52
5/9bTo construct, divert, use and maintain utility connections and equipment including telecommunication and electric cables, equipment and apparatus and water and sewerage pipes, equipment and apparatus including access with or without vehicles.Work Nos. 45, 46, 47, 48 and 74
6/1e

To undertake works to the local road and Camel Hill.

To construct, divert, use and maintain utility connections and equipment including telecommunication cables equipment and apparatus including access with or without vehicles.

Work Nos. 66 and 71
7/1cTo designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.Work No. 62
7/5a

To designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.

To construct, divert, use and maintain utility connections and equipment including electric cables and telecommunication cables equipment and apparatus including access with or without vehicles.

Work Nos. 63, 72 and 79
7/6aTo construct, operate, access and maintain a way suitable for use by the public as a footpath, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.All works
7/7cTo designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.Work No. 63
7/7dTo designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.Work No. 63
7/8b

To construct, operate, access and maintain a way suitable for use by the public by bicycle and as a bridleway, including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.

To create a private right of access with or without vehicles, plant and machinery in favour of the owners of Blackwell Farm to take access over the plot for the purposes of agriculture.

To construct, divert, use and maintain utility connections and equipment including electric cables and telecommunication cables equipment and apparatus including access with or without vehicles.

Work Nos. 72 and 105
7/8cTo designate the road to be formed on the plot as public highway open to vehicular traffic on its completion.Work No. 64
8/2aTo construct, operate and maintain a drainage outfall including access with or without vehicles.Work No. 94
8/3aTo construct, improve, operate, access and maintain a way suitable for use by the public on foot and by bicycle including access with or without vehicles plant and machinery, and to designate that way as a Public Right of Way on its completion and allow public access over it.All works

Article 26

SCHEDULE 6MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

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 1965 Act (as modified by paragraph 5(5) of Schedule 6 to the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (the “2021 Order”));

(b)the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 6 to the 2021 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(77) 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 (compulsory purchase under Acquisition of Land Act 1946) 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 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(78) (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 restriction, 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(79) (powers of entry: further notices of entry), 11B(80) (counter-notice requiring possession to be taken on specified date), 12(81) (unauthorised entry) and 13(82) (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20(83) (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, subject to compliance with that section as respects compensation.

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

SCHEDULE 2ACOUNTER-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 A303 Sparkford to Ilchester Dualling Development Consent Order 2021 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 A303 Sparkford to Ilchester Dualling Development Consent Order 2021 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 decides to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8.  If the authority does 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 serves 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 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

(1)

Plot Reference Number shown on land plans

(2)

Purpose for which temporary possession may be taken

(3)

Relevant part of the authorised development

1/3eWorking area and materials storageAll works
1/4cWorking area and materials storage, construction compoundsAll works
1/5aWorking area and materials storage, including for removal of existing carriageway and reinstatement of land as arable fieldWork No. 5
2/2bWorking area and materials storageAll works
2/2cDecommissioning of 75 metres of electrical cableWork No. 9
2/2dWorking area and materials storageAll works
2/4bWorking area and materials storageAll works
2/4cThe construction of B3151 link, works to the public highway, utility diversions under the public highwayWork Nos 16, 32 and 33
2/5bAccess to working area, materials storageAll works
2/5eWorking area and materials storage, construction compoundsAll works
3/2cWorking area and materials storageAll works
4/1cWorks associated with the closure of local road at Downhead, the construction of Downhead Turning Head, utility diversionsWork Nos. 27 and 38
4/1iThe construction of Downhead Lane and accesses, utility diversionsWork Nos. 17, 43 and 44
4/1jWorking area and materials storageAll works
4/4cWorking area and materials storageAll works
4/4dWorking area and materials storageAll works
4/5aThe decommissioning of overhead electrical cablesWork 38A
4/5bThe decommissioning of overhead electrical cablesWork No. 38A
4/8cTemporary highway diversionsAll works
4/8e

Temporary highway diversions

Construction and use of a temporary southern earthworks haul route

All works

Work 49

5/1aWorking area and materials storageAll works
5/3d

The construction of Steart Hill Link and Steart Hill North

Utility diversions

Work Nos. 41, 43, 44, 51 and 75
5/4aConstruction and use of a temporary southern earthworks haul routeWork No. 49
5/4bConstruction and use of a temporary southern earthworks haul routeWork No. 49
5/5bThe construction of Howell Hill Link (East)Work No. 42
5/7aConstruction and use of a temporary northern earthworks haul routeWork No. 80
5/7bLandscaping works and works to retain existing hedgerowAll works
5/7cWorking area for utility diversionsWork Nos. 45, 48 and 74
5/8cWorks to create alternative private means of accessWork No. 52
5/9cConstruction and use of a temporary southern earthworks haul routeWork No. 49
5/10aConstruction and use of a temporary northern earthworks haul routeWork No. 80
5/12aConstruction and use of a temporary northern earthworks haul routeWork No. 80
5/12bConstruction and use of a temporary northern earthworks haul routeWork No. 80
5/13bWorking area and materials storageAll works
6/1a

Works to local road junction at Camel Hill

Construction and use of a temporary northern earthworks haul route

Work Nos. 67 and 80
6/1bConstruction and use of a temporary northern earthworks haul routeWork No. 80
6/1cWorks to local road junction at Camel HillWork Nos. 66 and 67
6/1dWorks to local road junction at Camel HillWork No. 66
6/2aWorks to local road junction at Camel HillWork No. 67
6/3aDiversion of a public right of way in highway vergeAll works
7/1bWorking area and materials storageAll works
7/4cWorking area for utility diversionsWork No. 77
7/5b

Construction of new multi-purpose Track 10

Diversion of a public right of way and utilities

Work Nos. 72 and 105
7/5cWorking area to widen existing highway junctionWork No. 104
8/1a

Diversion of a public right of way

Utility diversions

All works

Work No. 84

8/1c

Diversion of a public right of way

Utility diversions

All works

Work No. 84

Article 42

SCHEDULE 8PROTECTIVE PROVISIONS

PART 1FOR 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 alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—

(a)

in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989(84)), belonging to or maintained by that utility undertaker for the purposes of 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(85) 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(86); and

(ii)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4)(87) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104(88) (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 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 and highways), 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 45 (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 45 (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 45 (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 45 (arbitration) to be necessary then, if such placing involves cost 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 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 2FOR 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(89);

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

“the electronic communications code” has the same meaning as in section 106(90) (application of the electronic communications code) of the 2003 Act;

“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 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 45 (arbitration).

(5) 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.

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

PART 3FOR THE PROTECTION OF DRAINAGE AUTHORITIES

18.  The provisions of this Part have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.

19.  In this Part of this Schedule—

“construction” includes execution, placing, altering, replacing, relaying and removal, and “construct” is to be construed accordingly;

“drainage authority” means—

(a)

the drainage board concerned within the meaning of section 23(91) (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991;

(b)

in the case where the drainage board concerned is a member of the Somerset Drainage Board Consortium, that Consortium; or

(c)

in the case of any area for which there is no such drainage board, the lead local flood authority within the meaning of section 6 (other definitions) of the Flood and Water Management Act 2010(92);

“drainage work” means any watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence which is the responsibility of the drainage authority subject to such changes as notified to the undertaker;

“ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991;

“plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements;

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within 9 metres of a drainage work or is otherwise likely to—

(a)

affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;

(b)

affect the flow, purity or quality of water in any watercourse; or

(c)

affect the conservation, distribution or use of water resources.

20.—(1) Before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 28 days of the submission of the plans reasonably require.

(2) The undertaker must not commence construction of the specified work until approval, unconditionally or conditionally, has been given as provided in this paragraph.

(3) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 28.

(4) Any approval of the drainage authority required under this paragraph—

(a)must not be unreasonably withheld or delayed;

(b)is deemed to have been given if it is neither given nor refused within 2 months of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later; and

(c)may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, for the protection of any navigation work, for the protection of water resources, for the prevention of pollution or in the discharge of its environmental functions.

(5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.

21.  Without limiting the scope of paragraph 20, the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a)to safeguard any drainage work against damage by reason of any specified work; or

(b)to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased,

by reason of any specified work.

22.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 21, must be constructed—

(a)without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

(b)to the reasonable satisfaction of the drainage authority,

and an officer of the drainage authority is entitled to watch and inspect the construction of such works.

(2) The undertaker must give to the drainage authority—

(a)not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and

(b)notice in writing of its completion not later than 7 days after the date of completion.

(3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work.

(4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

(5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from the undertaker.

(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined.

23.—(1) Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of the specified work maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of the work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined.

(5) This paragraph does not apply to—

(a)drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

(b)any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule, provided that any obstruction is removed as soon as reasonably practicable.

24.  If by reason of the construction of a specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, the impairment or damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.

25.  The undertaker must indemnify the drainage authority in respect of all costs, charges and expenses which the drainage authority may reasonably incur, have to pay or sustain—

(a)in the examination or approval of plans under this Part of this Schedule;

(b)in inspecting the construction of the specified work or any protective works required by the drainage authority under this Part of this Schedule; and

(c)in carrying out any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified work.

26.—(1) Without limiting the other provisions of this Part of this Schedule, the undertaker must indemnify the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the drainage authority by reason of—

(a)any damage to any drainage work;

(b)any raising or lowering of the water table in land adjoining the authorised project or in any sewers, drains and watercourses; or

(c)any flooding or increased flooding of any such lands,

caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the work.

(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

27.  The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under this Part of this Schedule.

28.  Any dispute arising between the undertaker and the drainage authority under this Part of this Schedule, if the parties agree, is to be determined by arbitration under article 45 (arbitration), but otherwise is to be determined by the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Business, Energy and Industrial Strategy acting jointly on a reference to them by the undertaker or the drainage authority, after notice in writing by one to the other.

PART 4FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING VEHICULAR HIGHWAYS

29.  The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and the local highway authority.

30.  In this Part of this Schedule—

“Commuted Sum” means the sum to be paid by the undertaker to the local highway authority for the future maintenance of Non-standard Highway Assets not previously forming part of the local highway which will be transferred to the local highway authority, as calculated in accordance with paragraph 50 of this Part of this Schedule;

“Design Detailing” in relation to any Works, means any detailed design or amended detailed design relating to those Works which is approved by the Secretary of State pursuant to requirement 12(1) or (4);

“Detailed Information” means the following drawings, specifications and other information relating to the local highway, which must be in accordance with the Design Detailing—

(a)

boundary, environmental and mitigation fencing;

(b)

road restraint systems (vehicle and pedestrian);

(c)

drainage and ducting;

(d)

earthworks;

(e)

road pavements;

(f)

kerbs, footways and paved areas;

(g)

traffic signs and road markings;

(h)

road lighting (including columns and brackets);

(i)

electrical work for road lighting and traffic signs;

(j)

highway structures;

(k)

landscaping, planting and any boundary features which will form part of the local highway;

(l)

utility diversions;

(m)

a schedule of timings for the works, including dates and durations for any closures of any part of the local highway;

(n)

traffic management proposals including any diversionary routes;

(o)

a schedule of condition of all local highway within the order limits; and

(p)

where local highway is occupied under this Order in connection with any Works but is not itself subject to Works, specification of the condition in which the local highway will be returned post occupation;

“Detailed Local Operating Agreement” means an agreement made pursuant to paragraph 32 of this Part of this Schedule;

“local highway” means any public, vehicular highway which vests or is intended at the completion of works to vest in or be otherwise maintainable by the local highway authority;

“local highway authority” means Somerset County Council;

“Non-standard Highway Assets” means highway assets which the local highway authority will become responsible for maintaining and which incur maintenance costs beyond the normal costs of maintaining the public highway having regard to the lists of standard and non-standard assets set out in paragraph 50(2) of this Part of this Schedule;

“Other Detailed Information” relating to any Works, means—

(a)

a schedule of timings for the Works, including dates and durations of any closures of any part of a local highway;

(b)

traffic management proposals, including any diversionary routes and any Detailed Local Operating Agreement;

(c)

a schedule of condition of the affected local highway within the Order limits; and

(d)

where the local highway is occupied under this Order in connection with the Works but Works are not undertaken on, to or under the local highway, a specification of the condition in which the local highway will be returned after the occupation has finished;

“Provisional Certificate” means a certificate issued by the local highway authority to certify that the Works to which the certificate relates have been completed in accordance with this Part of this Schedule and are ready for use for public traffic; and

“Works” means any works authorised by this Order undertaken on, to or under any local highway.

31.  Before commencing the construction of, or the carrying out of any work authorised by this Order which involves interference with a local highway (including interference with the use by the public of a local highway and temporary or permanent stopping up of any part of a local highway), the undertaker must provide to the local highway authority the Detailed Information relating to the interference, and the Works must not be carried out except in accordance with the Detailed Information submitted to the local highway authority or as otherwise agreed between the undertaker and the local highway authority.

32.—(1) Before commencing the construction of, or the carrying out of any work authorised by this Order which involves interference with a local highway (including interference with the use by the public of a local highway and temporary or permanent stopping up of any part of a local highway), the undertaker must use reasonable endeavours to agree with the local highway authority a Detailed Local Operating Agreement covering the following—

(a)communications and customer care: communication with stakeholders and identification of which party is responsible for each activity;

(b)operational areas – scheme operational areas: definitions and scheme extents for the works areas, zone of influence and Free Recovery Area;

(c)asset handover: describing the scheme existing assets and activities to be undertaken to enable commencement and completion of Works, and the party responsible for each;

(d)asset inspection;

(e)routine maintenance and repair;

(f)winter maintenance and severe weather;

(g)continuity of technology;

(h)occupancy management;

(i)incidents;

(j)traffic management: provides the key activities to be undertaken with regard to the design, installation, maintenance and removal of Traffic Management; and

(k)claims made by and against the undertaker.

(2) Any agreement completed under sub-paragraph (1) must continue in force until the completion of the Works or the removal of the undertaker from all local highways, whichever is the earlier.

(3) Where agreement cannot be reached under sub-paragraph (1), the terms of the detailed local operating agreement will be resolved by arbitration under article 45 (arbitration).

33.—(1) Before commencing the construction of, or the carrying out of any Works the undertaker must provide to the local highway authority the Design Detailing and the Other Detailed Information relating to those Works.

(2) The undertaker must not commence construction of, or the carrying out of the Works in question until approval has been given by the local highway authority to the Other Detailed Information or the Other Detailed Information has otherwise been agreed in writing between the undertaker and the local highway authority.

(3) The Works must not be constructed except in accordance with the Other Detailed Information as may be approved or agreed in accordance with sub-paragraph (2).

(4) If within 28 days after the Other Detailed Information has been submitted the local highway authority has not approved or disapproved it or it has not been otherwise agreed, the local highway authority is deemed to have approved it as submitted.

34.—(1) The undertaker will allow and facilitate an appropriately qualified officer of the local highway authority to participate in the design process for the detailed design of those parts of the authorised development which are local highway, and will have reasonable regard to any views of that officer in finalising the detailed design prior to any element reaching design fix or freeze; provided always that it will be the decision of the undertaker whether it implements such views and for the avoidance of doubt any such view shared by the officer will not be an instruction, requirement or authorisation under this Order.

(2) Participation under sub-paragraph (1) will be in the form of invitations to attend design meetings not less than once per calendar month and the provision to the local highway authority of such drawings, cross sections and design proposals as are required to allow the local highway authority to provide views on detailed design proposals to the undertaker.

(3) Any participation by the local highway authority (or its appropriately qualified officer) in accordance with this paragraph will be at the cost of the local highway authority.

35.—(1) Any officer of the local highway authority duly appointed for the purpose may at all reasonable times, subject to any necessary and reasonable health and safety restrictions imposed by the undertaker, enter upon and inspect any part of the authorised development which—

(a)is in, over, under or adjacent to any local highway, or

(b)may affect any local highway or any property of the local highway authority,

during the carrying out of the Works, and the undertaker must give to such officer all reasonable facilities for such inspection.

(2) The testing of materials used in any Works affecting local highways must be carried out at the expense of the undertaker in accordance with the Manual of Contract Documents for Highway Works Appendix 1/5 (Specification for Highway Works). The local highway authority must receive copies of all test certificates and results which have been requested by it in writing as soon as reasonably practicable. Notwithstanding the foregoing, the local highway authority has full power to test all or any materials used or proposed to be used in any work to the local highway at its own expense and the undertaker must provide such information and materials as is reasonably necessary to facilitate such testing.

(3) The undertaker must not alter, disturb or in any way interfere with any property of the local highway authority on or under any local highway, or the access thereto (except to the extent authorised under the powers conferred by this Order), without the prior written consent of the local highway authority.

36.—(1) The undertaker must procure that an appropriately qualified safety auditor undertakes road safety audit stages 3 and 4 on the Works including any Works to local highways in accordance with the Design Manual for Roads and Bridges (“DMRB”) Volume 5 Section 2 Part 2 (GG 119) or any replacement or modification of that standard and must provide copies of the reports of such audits to the local highway authority.

(2) The local highway authority must be invited to participate in the stage 2, 3 and 4 road safety audits conducted under sub-paragraph (1).

(3) Where the report of the stage 3 road safety audit identifies any recommended works to the local highway, the undertaker must use reasonable endeavours to agree with the local highway authority which works or alternative proposals require to be implemented, provided that no works may be implemented which would give rise to any new or materially different environmental effects in comparison with those identified in the Environmental Statement.

(4) Where the report of the stage 4 road safety audit identifies any recommended works to the local highway, the undertaker must use reasonable endeavours to agree with the local highway authority which works or alternative proposals require to be implemented.

(5) Any works which the undertaker considers are required to be carried out to the local highway in accordance with the report of the stage 3 or stage 4 road safety audit, which works may not give rise to any new or materially different environmental effects in comparison with those identified in the Environmental Statement, must be undertaken by and at the expense of the undertaker to the reasonable satisfaction of the local highway authority.

(6) The undertaker must use reasonable endeavours to agree with the local highway authority a programme for any works to be carried out under sub-paragraph (5), which programme must include timing of any closures of any part of the highway, traffic management arrangements, signage and diversion routes where required.

(7) The carrying out of works under sub-paragraph (5) are to be taken to be works carried under this Order.

(8) Where, agreement cannot be reached under this paragraph, the terms of the Detailed Local Operating Agreement will be resolved by arbitration under article 45 (arbitration).

37.  Provision must be made in accordance with the local highway authority’s reasonable requirements at the site of the Works to prevent mud and other materials from being carried on to the adjacent highway by vehicles and plant. The operational highway in the vicinity of the site of the Works is to be swept as required to ensure its safe use as a public highway.

38.  The undertaker must not, except with the consent of the local highway authority, erect or retain on or over a local highway to which the public continues to have access any scaffolding or other structure which obstructs the local highway.

39.  Except in an emergency or where necessary to secure the safety of the public, no direction or instruction may be given by the local highway authority to the contractors, servants or agents of the undertaker regarding any highway operations without the prior consent in writing of the undertaker.

40.  In exercising the powers conferred by the Order in relation to any local highway the undertaker must have regard to the potential disruption of traffic which may be caused, seek to minimise such disruption so far as is reasonably practicable and must at no time prevent or unreasonably impede access by emergency service vehicles to any property.

41.  The undertaker must, if reasonably required by the local highway authority, provide and maintain during such time as the undertaker may occupy any part of a local highway for the purpose of the construction of any part of the authorised development, temporary ramps for vehicular or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road traffic.

42.—(1) If reasonably requested by the local highway authority, the undertaker must execute and complete a transfer to the local highway authority of any land and rights within the local highway compulsorily acquired by the undertaker pursuant to articles 23 (compulsory acquisition of land) and 26 (compulsory acquisition of rights) for the construction, operation and maintenance of the local highway or to facilitate it, or as is incidental to it, at nil consideration provided that the undertaker has completed all necessary works within the local highway for which that land and rights were compulsorily acquired.

(2) Sub-paragraph (1) above does not apply in relation to any land within the local highway compulsorily acquired by the undertaker that has been or is proposed to be permanently stopped up and rights extinguished pursuant to article 16 (permanent stopping up and restriction of use of highways, streets and private means of access).

43.—(1) Where the undertaker carries out any Works to any local highway it must make good any defects in those Works notified to it by the local highway authority within the period of 52 weeks after the date of the completion of the Works to that area of local highway to the reasonable satisfaction of the local highway authority.

(2) The carrying out of any remedial works required under sub-paragraph (1) are to be regarded as works carried out under this Order.

(3) The carrying out of any remedial works required under sub-paragraph (1) requires the submission of such items of Detailed Information to the local highway authority as the undertaker deems to be reasonable in the circumstances but always including a description of the works to be carried out, a schedule of timings for the works, including dates and durations for any closures of any part of the local highway and traffic management proposals.

44.—(1) The Works must all be completed on such date or dates that will be notified by the undertaker to the local highway authority in writing. The completion of Works for the purposes of paragraph 43 of this Schedule will be such date notified under this paragraph.

(2) Prior to the completion of the Works, the undertaker must invite the local highway authority to participate in inspection of the Works to identify any defects or incomplete works. Any defects must be rectified and any incomplete works carried out prior to any notice of completion being issued under sub-paragraph (1).

45.  The undertaker will hold the local highway authority harmless and indemnified from and against any liability, loss, cost or claim arising out of or incidental to the carrying out of the Works (other than those arising out of or in consequence of any negligent act, default or omission of the local highway authority) provided that no claim can be settled or liability accepted by the local highway authority without first obtaining the written approval of the undertaker, such approval not to be unreasonably withheld or delayed.

46.—(1) When the undertaker considers that the Works have reached completion it must notify the local highway authority and must allow the local highway authority the opportunity to inspect the Works and the undertaker must give proper consideration to any representations that are made by the local highway authority.

(2) The undertaker may not notify the local highway authority under sub-paragraph (1) until either—

(a)a stage 3 safety audit has been carried out in respect of the Works in question in accordance with GG19 of DMRB and in the opinion of the undertaker any recommended works identified in the audit have been completed; or

(b)if the Works in question were not subject to a safety audit, the local highway authority has been provided an opportunity to inspect the works and the undertaker has in its opinion completed any further works required to address any safety deficiencies or defects identified as a result of the inspection.

47.  The local highway authority must, if requested to do so by the undertaker, issue to the undertaker a provisional certificate in relation to any part of the Works, after completion of that part of the Works if the local highway authority is satisfied that the Works have been completed in accordance with this Part of this Schedule.

48.  No earlier than 52 weeks from the date of issue of the Provisional Certificate, the local highway authority must issue a Final Certificate, certifying that all outstanding defects relating to the part of the Works in question and which required remediation have been so remedied, provided that—

(a)all identified defects requiring remediation have been so remedied such that the local highway authority consider the Final Certificate may be issued;

(b)a stage 4 safety audit has been carried out (if a stage 4 safety audit is required in accordance with GG19 of DMRB in connection with the Works), and following proper consideration of the representations of the local highway authority, any additional works, alterations or amendments to the Works as a result of the stage 4 safety audit have been completed to the reasonable satisfaction of the local highway authority;

(c)the undertaker has given the local highway authority an opportunity to inspect the Works and has given proper consideration to any representations made by the local highway authority;

(d)the undertaker has paid to the local highway authority any Commuted Sum due in relation to the part of the local highway to which the Provisional Certificate relates;

(e)the undertaker has provided the local highway authority with such detailed information as the local highway authority may reasonably require in relation to the Works as built; and

(f)all costs charges, expenses payable to the local highway authority pursuant to this Part have been paid.

49.  The undertaker must pay to the local highway authority in respect of the highway works a sum equal to the whole of any costs and expenses which the local highway authority reasonably incur—

(a)in the examination or approval of the Other Detailed Information under this Part;

(b)in inspecting the construction of the Works including any works required by the local highway authority under this Part;

(c)in carrying out any surveys which are reasonably required in connection with the construction of the Works; and

(d)in the transfer pursuant to paragraph 42 to the local highway authority of the land and rights acquired by the undertaker.

50.—(1) The undertaker must, within 3 months of the date of approval of plans showing the limits of responsibility for the operational maintenance of the Works under requirement 13, prepare a list of assets not previously forming part of the local highway for which the local highway authority will be responsible for maintenance following completion of the Works.

(2) The undertaker must use reasonable endeavours to agree a schedule of items on the list agreed under sub-paragraph (1) which are Non-standard Highway Assets having regard to the following—

(a)standard highway assets include—

(i)carriageways surfaced in concrete asphaltic materials (non-pigmented binder and non-coloured aggregates);

(ii)carriageways in shared surface roads, courtyards and housing squares surfaced in 200mm x 100mm x 80mm rectangular concrete block paving (optional);

(iii)footway surfaced in concrete asphaltic materials (non-pigmented binder or coloured aggregates);

(iv)footways adjacent to block paved carriageways also surfaced in 200mm x 100mm x 65mm thick concrete block paving (optional);

(v)cycleways surfaced in concrete asphaltic materials (red pigmented binders and/or aggregates);

(vi)pre-cast concrete kerbing;

(vii)gully drainage, connection pipes and gravity draining highway carrier drains;

(viii)galvanised pedestrian guard railing;

(ix)standard highway lighting layouts, columns and lanterns;

(x)standard illuminated and non-illuminated highway signs;

(xi)passively safe sign posts where required for road safety;

(xii)bollards and markers posts manufactured from plastic derivatives or recycled plastic/rubber;

(xiii)road markings;

(xiv)grass verges;

(b)Non-Standard Highway Assets include—

(i)any culvert, bridge, retaining wall or other structure

(ii)special features such as noise fencing, vehicle restraint barriers, pedestrian guard railing, knee rails and fences, gates

(iii)landscaping features such as planting, trees, hedging

(iv)sustainable drainage systems (“SuDS”) or non-standard highway drainage features such as—

(aa)flow control devices and attenuation storage;

(bb)SuDS including maintenance of any landscaping;

(cc)oil or petrol interceptors including the disposal of contaminated waste;

(dd)pumping stations and their energy charges;

(ee)watercourses and swales.

(3) Where the schedule prepared under paragraph (2) cannot be agreed, the determination of the schedule will be referred to arbitration under article 45 (arbitration).

(4) Following agreement of the schedule under sub-paragraph (2) or determination under sub-paragraph (3), the local highway authority must prepare a calculation of the Commuted Sum based on the maintenance the local highway authority considers to be required for the schedule of Non-Standard Highway Assets agreed under sub-paragraph (2) or determined under sub-paragraph (3) and must use reasonable endeavours to agree it with the undertaker.

(5) The undertaker must be provided with a complete breakdown of the calculation of the Commuted Sum by the local highway authority under sub-paragraph (4) including any assumptions used.

(6) Where the calculation prepared under sub-paragraph (4) cannot be agreed, the determination of the Commuted Sum will be referred to arbitration under article 45 (arbitration)

(7) The undertaker must pay the Commuted Sum to the local highway authority in one instalment within 10 working days of the later of—

(a)the date of completion of the authorised development; or

(b)the date of agreement of the value of the Commuted Sum under sub-paragraph (4) or determination under sub-paragraph (6).

51.  Nothing in this Part of this Schedule prevents the local highway authority from carrying out any work or taking such action as deemed appropriate forthwith without prior notice to the undertaker in the event of an emergency or danger to the public.

52.  Any difference arising between the undertaker and the local highway authority under this Part of this Schedule (other than in difference as to the meaning or construction of this Part of this Schedule) will be resolved by arbitration under article 45 (arbitration).

PART 5FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING NON- VEHICULAR HIGHWAYS

53.  The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and the local highway authority.

54.  In this Part of this Schedule—

“Design Detailing” in relation to any Works, means any detailed design or amended detailed design relating to those Works which is approved by the Secretary of State pursuant to requirement 12(1) or (4);

“Detailed Information” means the following drawings, specifications and other information relating to the local highway, which must be in accordance with the Design Detailing—

(a)

the rights of way and access plans;

(b)

the schedule of widths and limitations, including details of any gates and stiles;

(c)

details of surfacing, kerbs and drainage; and

(d)

details of any signage to be altered or erected;

“local highway” means any public, non-vehicular highway which vests or is intended at the completion of works to vest in or be otherwise maintainable by the local highway authority being footpaths, footways, cycleways and bridleways;

“Works” means any works authorised by this Order undertaken on, to or under any local highway.

55.  Before commencing the construction of, or the carrying out of any work authorised by this Order which involves interference with a local highway (including interference with the use by the public of a local highway and temporary or permanent stopping up of any part of a local highway), the undertaker must provide to the local highway authority the Detailed Information relating to the interference, and the Works must not be carried out except in accordance with the Detailed Information submitted to the local highway authority or as otherwise agreed between the undertaker and the local highway authority.

56.  Any officer of the local highway authority duly appointed for the purpose may at all reasonable times, subject to any necessary and reasonable health and safety restrictions imposed by the undertaker, enter upon and inspect any part of the authorised development which is in, over or under any local highway, or which may affect any local highway or any property of the local highway authority, during the carrying out of the Works, and the undertaker must give to such officer all reasonable facilities for such inspection.

57.  The testing of materials used in any Works affecting local highways must be carried out at the expense of the undertaker in accordance with Manual of Contract Documents for Highway Works Appendix 1/5 (Specification for Highway Works). The local highway authority must receive copies of all test certificates and results which have been requested by it in writing as soon as reasonably practicable. Notwithstanding the foregoing, the local highway authority have full power to test all or any materials used or proposed to be used in any work to the local highway at its own expense and the undertaker must provide such information and materials as is reasonably necessary to facilitate such testing.

58.—(1) Where the undertaker carries out any Works to any local highway it must make good any defects in those Works notified to it by the local highway authority within the period of 52 weeks after the date of the completion of the Works to that area of local highway to the reasonable satisfaction of the local highway authority.

(2) The carrying out of any remedial works required under sub-paragraph (1) are Works under this Order.

(3) The carrying out of any remedial works required under sub-paragraph (1) requires the submission of such items of Detailed Information to the local highway authority as the undertaker deems to be reasonable in the circumstances but always including a description of the works to be carried out, a schedule of timings for the works, including dates and durations for any closures of any part of the local highway and traffic management proposals.

59.  The undertaker must notify the local highway authority of the date of the completion of the works to any area of local highway within 5 working days of such completion.

60.  The undertaker will hold the local highway authority harmless and indemnified from and against any liability, loss, cost or claim arising out of or incidental to the carrying out of the Works (other than those arising out of or in consequence of any negligent act, default or omission of the local highway authority) provided that no claim can be settled or liability accepted by the local highway authority without first obtaining the written approval of the undertaker, such approval not to be unreasonably withheld or delayed.

61.  The undertaker must indemnify the local highway authority in respect of all costs, charges and expenses which the local highway authority may reasonably incur, have to pay or sustain in—

(a)inspecting the construction of the Works including any works required by the local highway authority under this Part of this Schedule;

(b)carrying out any surveys by the local highway authority which are reasonably required in connection with the construction of the Works.

62.  Nothing in this Part of this Schedule prevents the local highway authority from carrying out any work or taking such action as deemed appropriate forthwith without prior notice to the undertaker in the event of an emergency or danger to the public.

63.  Any difference arising between the undertaker and the local highway authority under this Part of this Schedule (other than in difference as to the meaning or construction of this Part of this Schedule) will be resolved by arbitration under article 45 (arbitration).

Articles 2 and 43

SCHEDULE 9DOCUMENTS TO BE CERTIFIED

The reference to a document in the table with a numbered regulation is a reference to the regulation as numbered in the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

PART 1CLASSIFICATION OF ROADS PLANS

(1)

Title

(2)

Drawing number

(3)

Revision

Classification of Roads Plan Regulation 5(2)(o) Key PlanE5510507-MMSJV-LSI-000-DR-UU-2071 in document reference no TR010036/APP/2.7C02
Classification of Roads Plan Sheet 1 of 4HE5510507-MMSJV-LSI-000-DR-UU-2072 in document reference no TR010036/APP/2.7C02
Classification of Roads Plan Sheet 2 of 4HE5510507-MMSJV-LSI-000-DR-UU-2073 in document reference no TR010036/APP/2.7C02
Classification of Roads Plan Sheet 3 of 4HE5510507-MMSJV-LSI-000-DR-UU-2074 in document reference no TR010036/APP/2.7C02
Classification of Roads Plan Sheet 4 of 4HE5510507-MMSJV-LSI-000-DR-UU-2075 in document reference no TR010036/APP/2.7C02

PART 2DE-TRUNKING PLANS

(1)

Title

(2)

Drawing number

(3)

Revision

De-trunking works Key PlanHE5510507-MMSJV-LSI-000-DR-UU-2061C02
De-trunking works Sheet 1 of 3HE5510507-MMSJV-LSI-000-DR-UU-2062C01
De-trunking works Sheet 2 of 3HE5510507-MMSJV-LSI-000-DR-UU-2063C02
De-trunking works Sheet 3 of 3HE5510507-MMSJV-LSI-000-DR-UU-2064C02

PART 3THE ENGINEERING SECTIONS

(1)

Title

(2)

Drawing number

(3)

Revision

Engineering Sections Mainline Sheet 1HE5510507-MMSJV-LSI-000-DR-UU-2171C01
Engineering Sections Mainline Sheet 2HE5510507-MMSJV-LSI-000-DR-UU-2172C01
Engineering Sections Slip RoadsHE5510507-MMSJV-LSI-000-DR-UU-2173C01
Engineering Sections StructuresHE5510507-MMSJV-LSI-000-DR-UU-2174C01
Engineering Sections Bunds And False CuttingsHE5510507-MMSJV-LSI-000-DR-UU-2175C02
Engineering Sections Local Roads Sheet 1HE5510507-MMSJV-LSI-000-DR-UU-2176C01
Engineering Sections Local Roads Sheet 2HE5510507-MMSJV-LSI-000-DR-UU-2177C01
Engineering Sections Multiple Use Tracks Sheet 1HE5510507-MMSJV-LSI-000-DR-UU-2178C03
Engineering Sections Multiple Use Tracks Sheet 2HE5510507-MMSJV-LSI-000-DR-UU-2179C02
Engineering Sections RoundaboutsHE5510507-MMSJV-LSI-000-DR-UU-2180C01
Engineering Sections Retention Of Existing RoadsHE5510507-MMSJV-LSI-000-DR-UU-2181C02
Engineering Sections Ponds Sheet 1HE5510507-MMSJV-LSI-000-DR-UU-2182C01
Engineering Sections Ponds Sheet 2HE5510507-MMSJV-LSI-000-DR-UU-2183C01
Engineering Sections Ponds Sheet 3HE5510507-MMSJV-LSI-000-DR-UU-2184C01
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 1HE5510507-MMSJV-LSI-000-DR-UU-2185C01
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 2HE5510507-MMSJV-LSI-000-DR-UU-2186C01
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 3HE5510507-MMSJV-LSI-000-DR-UU-2187C02
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 4HE5510507-MMSJV-LSI-000-DR-UU-2188C02
Engineering Sections Bunds And False Cuttings Cross Sections Sheet 5HE5510507-MMSJV-LSI-000-DR-UU-2189C02

PART 4THE ENVIRONMENTAL STATEMENT

(1)

Title

(2)

Document reference

The Environmental Statement (subject to the amendments set out below)6.1
The Appendices and Figures accompanying the Environmental Statement (subject to the amendments set out below)6.3
The Environmental Statement Non-Technical Summary (Revision B)6.4
The Environmental Statement – Statement of Statutory Nuisances6.5
The Environmental Statement – Habitats Regulations Assessment of No Significant Effects Report6.6
The Environmental Statement – Outline Environmental Management Plan (Revision C)6.7
The Environmental Statement Addendum and accompanying Appendices6.8
The Environmental Statement Outline Heritage Written Scheme of Investigation (Revision A)6.9
The Environmental Statement Table of Errata (Revision C)9.2

Environmental Statement Addendum Appendix B Figure A2.4

Environmental Masterplan consisting of—

(1)

Title

(2)

Drawing number

(3)

Revision

Environmental Masterplan Sheet 1 of 7HE551507-MMSJV-ELS-000-DR-LL-0129C03
Environmental Masterplan Sheet 2 of 7HE551507-MMSJV-ELS-000-DR-LL-0130C03
Environmental Masterplan Sheet 3 of 7HE551507-MMSJV-ELS-000-DR-LL-0131C03
Environmental Masterplan Sheet 4 of 7HE551507-MMSJV-ELS-000-DR-LL-0133C03
Environmental Masterplan Sheet 5 of 7HE551507-MMSJV-ELS-000-DR-LL-0134C04
Environmental Masterplan Sheet 6 of 7HE551507-MMSJV-ELS-000-DR-LL-0136C04
Environmental Masterplan Sheet 7 of 7HE551507-MMSJV-ELS-000-DR-LL-0137C03

PART 5GENERAL ARRANGEMENT PLANS

(1)

Title

(2)

Drawing number

(3)

Revision

General Arrangement Plans Regulation 5(2)(o)

Key Plan

HE5510507-MMSJV-LSI-000-DR-UU-2061C02
General Arrangement Plans Sheet 1 of 7HE5510507-MMSJV-LSI-000-DR-UU-2062C01
General Arrangement Plans Sheet 2 of 7HE5510507-MMSJV-LSI-000-DR-UU-2063C02
General Arrangement Plans Sheet 3 of 7HE5510507-MMSJV-LSI-000-DR-UU-2064C02
General Arrangement Plans Sheet 4 of 7HE5510507-MMSJV-LSI-000-DR-UU-2065C02
General Arrangement Plans Sheet 5 of 7HE5510507-MMSJV-LSI-000-DR-UU-2066C03
General Arrangement Plans Sheet 6 of 7HE5510507-MMSJV-LSI-000-DR-UU-2067C02
General Arrangement Plans Sheet 7 of 7HE5510507-MMSJV-LSI-000-DR-UU-2068C02

PART 6LAND PLANS, CROWN LAND PLAN AND BOOK OF REFERENCE

(1)

Title

(2)

Drawing or document number

(3)

Revision

Land Plans

Regulation 5(2)(i)

Key Plan

HE5510507-MMSJV-LSI-000-DR-UU-2016C05
Land Plans Plan 1 of 10HE5510507-MMSJV-LSI-000-DR-UU-2017C05
Land Plans Plan 2 of 10HE5510507-MMSJV-LSI-000-DR-UU-2018C05
Land Plans Plan 3 of 10HE5510507-MMSJV-LSI-000-DR-UU-2019C05
Land Plans Plan 4 of 10HE5510507-MMSJV-LSI-000-DR-UU-2020C05
Land Plans Plan 5 of 10HE5510507-MMSJV-LSI-000-DR-UU-2021C05
Land Plans Plan 6 of 10HE5510507-MMSJV-LSI-000-DR-UU-2022C05
Land Plans Plan 7 of 10HE5510507-MMSJV-LSI-000-DR-UU-2023C05
Land Plans Plan 8 of 10HE5510507-MMSJV-LSI-000-DR-UU-2024C05
Land Plans Plan 9 of 10HE5510507-MMSJV-LSI-000-DR-UU-2025C05
Land Plans Plan 10 of 10HE5510507-MMSJV-LSI-000-DR-UU-2026C05

Crown Land Plan

Regulation 5(2)(n)

HE5510507-MMSJV-LSI-000-DR-UU-2021C02

Book of Reference

Regulation 5(2)(d)

TR010036/APP/4.3REV E

PART 7PERMANENT SPEED LIMITS PLANS

(1)

Title

(2)

Drawing number

(3)

Revision

Permanent Speed Limit Order Plans

Regulation 5(2)(o)

Key Plan

HE5510507-MMSJV-LSI-000-DR-UU-2051C02
Permanent Speed Limit Order Plans Sheet 1 of 4HE5510507-MMSJV-LSI-000-DR-UU-2052C02
Permanent Speed Limit Order Plans Sheet 1 of 4HE5510507-MMSJV-LSI-000-DR-UU-2053C02
Permanent Speed Limit Order Plans Sheet 1 of 4HE5510507-MMSJV-LSI-000-DR-UU-2054C02
Permanent Speed Limit Order Plans Sheet 1 of 4HE5510507-MMSJV-LSI-000-DR-UU-2055C02

PART 8RIGHTS OF WAY AND ACCESS PLANS

(1)

Title

(2)

Drawing number

(3)

Revision

Rights of way and Access Plans Regulation 5(2)(k) and 5(2)(o) Key PlanHE5510507-MMSJV-LSI-000-DR-UU-2041C03
Rights of way and Access Plans Sheet 1 of 4HE5510507-MMSJV-LSI-000-DR-UU-2042C05
Rights of way and Access Plans Sheet 2 of 4HE5510507-MMSJV-LSI-000-DR-UU-2043C04
Rights of way and Access Plans Sheet 3 of 4HE5510507-MMSJV-LSI-000-DR-UU-2044C06
Rights of way and Access Plans Sheet 4 of 4HE5510507-MMSJV-LSI-000-DR-UU-2045C04

PART 9TRAFFIC REGULATION MEASURES PLANS

(1)

Title

(2)

Drawing number

(3)

Revision

Traffic Regulation Measures Plan Regulation 5(2)(o) Key PlanHE5510507-MMSJV-LSI-000-DR-UU-2101C02
Traffic Regulation Measures Plan Regulation 5(2)(o) Sheet 1 of 4HE5510507-MMSJV-LSI-000-DR-UU-2102C02
Traffic Regulation Measures Plan Regulation 5(2)(o) Sheet 2 of 4HE5510507-MMSJV-LSI-000-DR-UU-2103C02
Traffic Regulation Measures Plan Regulation 5(2)(o) Sheet 3 of 4HE5510507-MMSJV-LSI-000-DR-UU-2104C02
Traffic Regulation Measures Plan Regulation 5(2)(o) Sheet 4 of 4HE5510507-MMSJV-LSI-000-DR-UU-2105C02

PART 10WORKS PLANS

(1)

Title

(2)

Drawing number

(3)

Revision

Works Plans Regulation 52(2)(j) Key PlanHE5510507-MMSJV-LSI-000-DR-UU-2031C03
Works Plans Regulation 52(2)(j) Sheet 1 of 4HE5510507-MMSJV-LSI-000-DR-UU-2032C07
Works Plans Regulation 52(2)(j) Sheet 2 of 4HE5510507-MMSJV-LSI-000-DR-UU-2033C05
Works Plans Regulation 52(2)(j) Sheet 3 of 4HE5510507-MMSJV-LSI-000-DR-UU-2034C07
Works Plans Regulation 52(2)(j) Sheet 4 of 4HE5510507-MMSJV-LSI-000-DR-UU-2035C07

PART 11OTHER DOCUMENTS

(1)

Title

(2)

Drawing number

(3)

Revision

Outline environmental management planTR010036/APP/6.7B
Outline written heritage scheme of investigationTR010036/6.9A

EXPLANATORY NOTE

(This note is not part of the Order)

This Order authorises Highways England to construct the A303 Sparkford to Ilchester Dualling and carry out all associated works.

The Order permits Highways England to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also makes provision in connection with the maintenance of the authorised development.

A copy of the plans, engineering drawings and sections, book of reference and environmental statement mentioned in this Order and certified in accordance with article 43 (certification of plans, etc.) may be inspected free of charge during working hours at Highways England, Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ.

(1)

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

(3)

S.I. 2010/103, amended by S.I. 2012/635.

(4)

Section 115 was also amended by section 160 of the Housing and Planning Act 2016 (c. 22).

(10)

1990 c. 8.

(13)

Section 56(4) was amended by paragraph 10(2) of Schedule 7 to, the Planning and Compensation Act 1991 (c. 34).

(14)

The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

(15)

2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

(16)

1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to this Order.

(17)

Section 48 was amended by section 124(1) and (2) of the Local Transport Act 2008 (c. 26).

(18)

Section 121Awas inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the 1991 Act. It has been amended by section 1(6) of, and paragraph 95(2) and (3) of Schedule 1 to, the Infrastructure Act 2015 (c. 7) and there are other amendments to the section that are not relevant to this Order.

(19)

Section 10 was amended by section 22(2) of the 1991 Act, paragraph 22 of Schedule 2 to the 2008 Act and section 1(6) of, and paragraph 10 of Schedule 1 to, the Infrastructure Act 215.

(20)

As amended by section 1 of, and paragraph 15 of Schedule 1 to, the Infrastructure Act 2015.

(24)

The definition of “drainage” was substituted by paragraphs 191 and 194 of Schedule 22 to the Environment Act 1995 (c. 25).

(25)

Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the 1991 Act.

(26)

Section 184 was amended by section 4 of, and paragraph 45(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11); and paragraph 9 of Schedule 8 and Schedule 9 to, the 1991 Act.

(27)

Section 56 was amended by sections 40 and 43 of the Traffic Management Act 2004 (c. 18).

(28)

Section 56A was inserted by section 44 of the Traffic Management Act 2004.

(29)

Section 58 was amended by section 51 of the Traffic Management Act 2004.

(30)

Section 58A was inserted by section 52(1) of the Traffic Management Act 2004.

(31)

Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.

(32)

Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

(33)

Section 54 was also amended by section 49(1) of the Traffic Management Act 2004.

(34)

Section 55 was also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.

(35)

Section 57 was amended by section 52(3) of the Traffic Management Act 2004.

(36)

Section 59 was amended by section 42 of the Traffic Management Act 2004.

(37)

Section 265 was amended by section 146 of, and paragraph 45 of Schedule 13 to, the 1984 Act and section 1(6) of, and paragraph 52 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

(38)

Section 10(2) was amended by section 22(2)(a) of the 1991 Act, and by section 1(6) of, and paragraph 10(2) of Schedule 1 to, the Infrastructure Act 2015 c. 7).

(39)

2003 c. 21. Schedule 3A was inserted by paragraph 1 of Schedule 1 to the Digital Economy Act 2017 (c. 30).

(45)

1991 c. 56. Section 106 was amended by sections 35(1) and (8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

(47)

Section 152 was amended by S.I. 2009/1307.

(49)

Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

(50)

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

(51)

Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016.

(52)

Section 5B was inserted by section 202(2) of the Housing and Planning Act 2016.

(53)

Section 118 was amended by paragraphs 1 and 59 of Schedule 13, and Part 20 of Schedule 25 to, the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

(54)

Section 6 was amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.

(55)

Section 134 was amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.

(56)

Schedule A1 was inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016.

(57)

Section 11 was amended by section 34(1) of, and 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. 2009/1307.

(58)

Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23, to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(64)

1990 c. 43. There are amendments to this subsection which are not relevant to this Order.

(65)

Section 82(2) was amended by section 51(1) and (2) of the Noise and Statutory Nuisance Act 1993 (c. 40). There are other amendments to this subsection which are not relevant to this Order.

(66)

1974 c. 40. Section 61 was amended by section 162 of, and paragraph 15(1) and (3) of Schedule 15 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to section 61 which are not relevant to this Order.

(68)

1857 c. 81. Section 25 was substituted by section 2 of the Church of England (Miscellaneous Provisions) 2014 (2014 No. 1) and amended by section 96(1) of and paragraph 1 in Schedule 3 to, the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 (2018 No. 3).

(69)

Section 22 was substituted by S.I. 2013/1883.

(70)

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

(72)

OJ No. L 206, 22.7.1992, p.7, as last amended by Council Directive 2013/17/EU (OJ No. L 158, 10.6.2013, p.193).

(74)

1990 c. 9.

(78)

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. 2009/1307.

(79)

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

(80)

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

(81)

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.

(82)

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).

(83)

Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

(84)

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).

(87)

Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and paragraph 90 of Schedule 7 to the Water Act 2014 (c. 21).

(88)

Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003, section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11 of the Water Act 2014.

(90)

Section 106 was amended by section 4 of the Digital Economy Act 2017 (c. 30).

(91)

1991 c. 59. The definition of “drainage board” is in section 23(8), which was amended by paragraph 32 of Schedule 2 to the Flood and Water Management Act 2010 (c. 29),

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