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The A1 Birtley to Coal House Development Consent Order 2021

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

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

    2. 4.Maintenance of authorised development

    3. 5.Maintenance of drainage works

    4. 6.Planning permission

    5. 7.Limits of deviation

    6. 8.Benefit of the Order

    7. 9.Consent to transfer benefit of the Order

  4. PART 3 STREETS

    1. 10.Application of the 1991 Act

    2. 11.Power to alter layout etc. of streets

    3. 12.Street works

    4. 13.Construction and maintenance of new, altered or diverted streets

    5. 14.Classification of roads etc.

    6. 15.Temporary stopping up and restriction of use of streets

    7. 16.Permanent stopping up and restriction of use of streets, public rights of way and private means of access

    8. 17.Access to works

    9. 18.Modification of Road Traffic Regulation Orders

    10. 19.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 20.Discharge of water

    2. 21.Protective work to buildings

    3. 22.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION

    1. 23.Compulsory acquisition of land

    2. 24.Compulsory acquisition of land – incorporation of the mineral code

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

    4. 26.Compulsory acquisition of rights and restrictive covenants

    5. 27.Private rights over land

    6. 28.Modification of Part 1 of the 1965 Act

    7. 29.Application of the 1981 Act

    8. 30.Acquisition of subsoil or airspace only

    9. 31.Rights under or over streets

    10. 32.Temporary use of land for carrying out the authorised development

    11. 33.Temporary use of land for maintaining the authorised development

    12. 34.Statutory undertakers

    13. 35.Apparatus and rights of statutory undertakers in stopped up streets

    14. 36.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 37.Felling or lopping of trees and removal of hedgerows

    2. 38.Trees subject to tree preservation orders

    3. 39.Scheduled Monuments

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 40.Application of landlord and tenant law

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

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

    4. 43.Protection of interests

    5. 44.Certification of documents, etc.

    6. 45.Service of notices

    7. 46.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the Metropolitan Borough of Gateshead

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Detailed design – general design requirements

        4. 4.Construction and handover environmental management plans

        5. 5.Landscaping

        6. 6.Contaminated land and groundwater

        7. 7.Protected species

        8. 8.Surface and foul water drainage

        9. 9.Archaeological remains

        10. 10.Traffic management

        11. 11.Amendments to approved details

        12. 12.Design of North Dene Footbridge

        13. 13.Fencing

        14. 14.Allerdene bridge replacement

        15. 15.Primary Design Mitigation

        16. 16.Advance site clearance works

        17. 17.Details of construction compound

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 18.Applications made under requirements

        2. 19.Further information

        3. 20.Register of requirements

        4. 21.Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS ETC.

      1. PART 1 TRUNK ROADS

      2. PART 2 OTHER RIGHTS OF WAY

    4. SCHEDULE 4

      PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS

      1. PART 1 STREETS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

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

    5. SCHEDULE 5

      PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

    6. SCHEDULE 6

      LAND IN RESPECT OF WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

      1. Compensation enactments

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

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

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

      2. Application of Part 1 of the 1965 Act

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

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

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    9. SCHEDULE 9

      TREES SUBJECT TO TREE PRESERVATION ORDER

    10. SCHEDULE 10

      SCHEDULED MONUMENTS

    11. SCHEDULE 11

      PROTECTIVE PROVISIONS

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

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

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

        3. On street apparatus

          1. 3.This Part of this Schedule does not apply to apparatus...

        4. Apparatus in stopped up streets

          1. 4.(1) Where any street is stopped up under article 16...

        5. Protective works to buildings

          1. 5.The undertaker, in the case of the powers conferred by...

        6. Acquisition of land

          1. 6.Regardless of any provision in this Order or anything shown...

        7. Removal of apparatus

          1. 7.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 8.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 9.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 10.(1) Subject to the following provisions of this paragraph, the...

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

        11. Cooperation

          1. 12.Where in consequence of the proposed construction of any part...

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

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

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

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

        3. 16.The exercise of the powers conferred by article 34 (statutory...

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

      3. PART 3 FOR THE PROTECTION OF RAILWAY INTERESTS

        1. 18.The following provisions of this Part of this Schedule have...

        2. 19.In this Part of this Schedule— construction” includes execution, placing,...

        3. 20.(1) Where under this Part of this Schedule Network Rail...

        4. 21.(1) The undertaker must not exercise the powers conferred by...

        5. 22.(1) The undertaker must, before commencing construction of any specified...

        6. 23.(1) Any specified work and any protective works to be...

        7. 24.The undertaker must— (a) at all times afford reasonable facilities...

        8. 25.Network Rail must at all reasonable times afford reasonable facilities...

        9. 26.(1) If any permanent or temporary alterations or additions to...

        10. 27.The undertaker must repay to Network Rail all reasonable fees,...

        11. 28.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

        12. 29.If at any time after the completion of a specified...

        13. 30.The undertaker must not provide any illumination or illuminated sign...

        14. 31.Any additional expenses which Network Rail may reasonably incur in...

        15. 32.(1) The undertaker must pay to Network Rail all reasonable...

        16. 33.Network Rail must, on receipt of a request from the...

        17. 34.In the assessment of any sums payable to Network Rail...

        18. 35.The undertaker and Network Rail may, subject in the case...

        19. 36.Nothing in this Order, or in any enactment incorporated with...

        20. 37.The undertaker must give written notice to Network Rail where...

        21. 38.The undertaker must no later than 28 days from the...

      4. PART 4 FOR THE PROTECTION OF NORTHUMBRIAN WATER LIMITED

        1. 39.(1) For the protection of Northumbrian Water Limited the following...

        2. 40.In this part of this schedule— “alternative apparatus” means any...

        3. On street apparatus

          1. 41.This Part of this Schedule does not apply to apparatus...

        4. Apparatus in stopped up streets

          1. 42.(1) Where any street is stopped up under article 16...

        5. Protective works to buildings

          1. 43.The undertaker, in the case of the powers conferred by...

        6. Acquisition of land

          1. 44.Regardless of any provision in this Order or anything shown...

        7. Removal of apparatus

          1. 45.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 46.(1) Where, in accordance with the provisions of this part...

        9. Retained apparatus

          1. 47.(1) Not less than 56 days before starting the execution...

        10. Expenses and costs

          1. 48.(1) Subject to the following provisions of this paragraph, the...

        11. Access

          1. 49.If in consequence of the exercise of the powers conferred...

        12. Co-operation

          1. 50.(1) Where in consequence of the proposed construction of any...

    12. SCHEDULE 12

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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