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The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Disapplication of legislative provisions

  3. PART 2 PRINCIPAL POWERS

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

    2. 5.Maintenance of authorised development

    3. 6.Maintenance of drainage works

    4. 7.Limits of deviation

    5. 8.Benefit of Order

    6. 9.Consent to transfer benefit of Order

    7. 10.Planning permission

  4. PART 3 STREETS

    1. 11.Application of the 1991 Act

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

    3. 13.Classification of roads, etc.

    4. 14.Temporary closure and restriction of use of streets

    5. 15.Permanent stopping up and restriction of use of streets and private means of access

    6. 16.Access to works

    7. 17.Clearways

    8. 18.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 19.Discharge of water

    2. 20.Protective work to buildings

    3. 21.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

    1. 22.Compulsory acquisition of land

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

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

    4. 25.Compulsory acquisition of rights and restrictive covenants

    5. 26.Extinguishment of public rights of way

    6. 27.Private rights over land

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

    8. 29.Application of the 1981 Act

    9. 30.Acquisition of subsoil or airspace only

    10. 31.Rights under or over streets

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

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

    13. 34.Crown Rights

    14. 35.Statutory undertakers

    15. 36.Apparatus and rights of statutory undertakers in stopped up streets

    16. 37.Recovery of costs of new connections

    17. 38.Special category land

  7. PART 6 OPERATIONS

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

    2. 40.Trees subject to tree preservation orders

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 41.Application of landlord and tenant law

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

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

    4. 44.Protection of interests

    5. 45.Certification of documents, etc.

    6. 46.Service of notices

    7. 47.Application of local legislation

    8. 48.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Construction and handover environmental management plans

        4. 4.Traffic management during construction

        5. 5.Detailed design

        6. 6.Landscaping

        7. 7.Design, layout and implementation of Replacement Land

        8. 8.Thames Basin Heaths Special Protection Area (SPA) Compensatory Habitat Creation and Enhancement Measures

        9. 9.Cockcrow Green Bridge

        10. 10.Bolder Mere Mitigation and Enhancement Area

        11. 11.Buxton Wood Environmental Mitigation Area

        12. 12.Stratford Brook Environmental Mitigation Area

        13. 13.Contaminated land and groundwater

        14. 14.Archaeology

        15. 15.Protected species

        16. 16.Fencing

        17. 17.Restoration and/or landscaping of land used temporarily for construction

        18. 18.Protection of certain tree roots at RHS Garden Wisley

        19. 19.Works in the village of Ripley

        20. 20.Approvals and amendments to approved details

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 21.Applications made under requirements

        2. 22.Pre-application consultation

        3. 23.Further information

        4. 24.Register of requirements

        5. 25.Anticipatory steps towards compliance with any requirement

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 SPECIAL ROADS

      2. PART 2 TRUNK ROADS

      3. PART 3 CLASSIFIED ROADS

      4. PART 4 UNCLASSIFIED ROADS

      5. PART 5 SPEED LIMITS

      6. PART 6 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

      7. PART 7 REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

      8. PART 8 OTHER PUBLIC RIGHTS OF WAY

    4. SCHEDULE 4

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

      1. PART 1 HIGHWAYS AND PUBLIC RIGHTS OF WAY TO BE STOPPED UP OR EXTINGUISHED AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

      2. PART 2 HIGHWAYS AND PUBLIC RIGHTS OF WAY TO BE STOPPED UP OR EXTINGUISHED AND FOR WHICH NO 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

      4. PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      5. PART 5 ALTERATIONS TO PRIVATE MEANS OF ACCESS

    5. SCHEDULE 5

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    6. SCHEDULE 6

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

      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 the 1965 Act

        1. 4.Part 1 (compulsory purchase under Acquisition of Land Act 1946)...

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

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      TREES SUBJECT TO TREE PRESERVATION ORDERS

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

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

        1. Application

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

        2. Interpretation

          1. 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 15...

        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. Co-operation

          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 OPERATORS 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 35 (statutory...

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

      3. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 18.(1) The following provisions shall apply for the protection of...

        2. 19.(1) Before beginning to construct any specified work, the undertaker...

        3. 20.Without limiting paragraph 19, the requirements which the Agency may...

        4. 21.(1) Subject to sub-paragraph (2), any specified work, and all...

        5. 22.(1) Subject to sub-paragraph (7) the undertaker must from the...

        6. 23.If by reason of the construction of any specified work...

        7. 24.If by reason of construction of the specified work the...

        8. 25.(1) The undertaker must take all such measures as may...

        9. 26.The undertaker must repay to the Agency all reasonable costs,...

        10. 27.(1) The undertaker must make reasonable compensation for costs and...

        11. 28.Any dispute arising between the undertaker and the Agency under...

      4. PART 4 FOR THE PROTECTION OF SURREY COUNTY COUNCIL IN RESPECT OF ORDINARY WATERCOURSES

        1. 29.The following provisions of this Part of this Schedule apply...

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

        3. Ordinary watercourses

          1. 31.(1) Before beginning to construct any specified work, the undertaker...

          2. 32.Without limitation on the scope of paragraph 31, the requirements...

          3. 33.(1) Subject to sub-paragraph (2) any specified work, and all...

        4. General

          1. 34.(1) Subject to sub-paragraph (5), from the commencement of the...

          2. 35.If by reason of the construction of any specified work...

          3. 36.(1) The undertaker must repay to Surrey County Council all...

          4. 37.(1) Without limiting the other provisions of this Part of...

          5. 38.Any dispute arising between the undertaker and Surrey County Council...

      5. PART 5 FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER

        1. Application

          1. 39.For the protection of SGN the following provisions will, unless...

        2. Interpretation

          1. 40.In this Part of this Schedule— “alternative apparatus” means appropriate...

        3. On Street Apparatus

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

        4. Apparatus of SGN in stopped up streets

          1. 42.(1) Without prejudice to the generality of any other protection...

        5. Protective works to buildings

          1. 43.The undertaker must exercise the powers conferred by article 20...

        6. Acquisition of land

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

        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: protection of SGN

          1. 47.(1) Not less than 56 days before the commencement of...

        10. Expenses

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

        11. Indemnity

          1. 49.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 50.Except where this Part of this Schedule provides otherwise, nothing...

        13. Co-operation

          1. 51.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 52.If in consequence of the agreement reached in accordance with...

        15. Arbitration

          1. 53.Save for differences or disputes arising under sub-paragraphs 45(2), 45(4)...

      6. PART 6 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER

        1. Application

          1. 54.(1) For the protection of National Grid the following provisions...

        2. Interpretation

          1. 55.In this Part of this Schedule— “alternative apparatus” means appropriate...

          2. 56.Except for paragraphs 57 (apparatus of National Grid in stopped...

        3. Apparatus of National Grid in stopped up streets

          1. 57.(1) Where any street is stopped up under article 15...

        4. Protective works to buildings

          1. 58.The undertaker must exercise the powers conferred by article 20...

        5. Acquisition of land

          1. 59.(1) Regardless of any provision in this Order or anything...

        6. Removal of apparatus

          1. 60.(1) If, in the exercise of the powers conferred by...

        7. Facilities and rights for alternative apparatus

          1. 61.(1) Where, in accordance with the provisions of this Part...

        8. Retained apparatus: protection of electricity undertaker

          1. 62.(1) Not less than 56 days before the commencement of...

        9. Expenses

          1. 63.(1) Subject to the following provisions of this paragraph, the...

        10. Indemnity

          1. 64.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Enactments and agreements

          1. 65.Nothing in this Part of this Schedule affects the provisions...

        12. Co-operation

          1. 66.(1) Where in consequence of the proposed construction of any...

        13. Access

          1. 67.If in consequence of the agreement reached in accordance with...

        14. Arbitration

          1. 68.Save for differences or disputes arising under paragraphs 60(2), 60(4)...

        15. Notices

          1. 69.Notwithstanding article 47 (service of notices), any plans submitted to...

    10. SCHEDULE 10

      SPECIAL CATEGORY LAND

      1. PART 1 SPECIAL CATEGORY LAND FOR WHICH REPLACEMENT LAND IS PROVIDED

      2. PART 2 SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS PROVIDED

      3. PART 3 SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS NOT PROVIDED

      4. PART 4 REPLACEMENT LAND

    11. SCHEDULE 11

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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