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The A47 Blofield to North Burlingham 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

    4. 4.Maintenance of drainage works

  3. PART 2 PRINCIPAL POWERS

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

    2. 6.Maintenance of authorised development

    3. 7.Planning permission

    4. 8.Limits of deviation

    5. 9.Benefit of Order

    6. 10.Consent to transfer benefit of Order

  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.Power to alter layout etc. of streets

    5. 15.Street works

    6. 16.Temporary alteration, diversion, prohibition and restriction of use of streets

    7. 17.Permanent stopping up and restriction of use of streets and private means of access

    8. 18.Access to works

    9. 19.Clearways

    10. 20.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 21.Discharge of water

    2. 22.Protective work to buildings

    3. 23.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 24.Compulsory acquisition of land

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

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

    4. 27.Compulsory acquisition of rights and imposition of restrictive covenants

    5. 28.Extinguishment of public rights of way

    6. 29.Private rights over land

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

    8. 31.Application of the 1981 Act

    9. 32.Acquisition of subsoil or airspace only

    10. 33.Rights under or over streets

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

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

    13. 36.Statutory undertakers

    14. 37.Apparatus and rights of statutory undertakers in stopped up streets

    15. 38.Recovery of costs of new connections

  7. PART 6 OPERATIONS

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

  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.No double recovery

    5. 44.Disregard of certain improvements etc.

    6. 45.Set off for enhancement in value of retained land

    7. 46.Protection of interests

    8. 47.Certification of documents, etc.

    9. 48.Service of notices

    10. 49.Arbitration

    11. 50.Crown Rights

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the administrative areas of Norfolk County Council and Broadland District Council

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. Interpretation

          1. 1.In this Schedule— “completed” means the relevant parts of the...

        2. Time limits

          1. 2.The authorised development must commence no later than the expiration...

        3. Detailed design

          1. 3.(1) The authorised development must be designed in detail and...

        4. Environmental Management Plan

          1. 4.(1) No part of the authorised development is to commence...

        5. Landscaping

          1. 5.(1) The authorised development must be landscaped in accordance with...

        6. Contaminated land and groundwater

          1. 6.(1) In the event that contaminated land, including groundwater, is...

        7. Protected species

          1. 7.(1) No part of the authorised development is to commence...

        8. Surface water drainage

          1. 8.(1) No part of the authorised development is to commence...

        9. Archaeological remains

          1. 9.(1) No part of the authorised development is to commence...

        10. Traffic management

          1. 10.(1) No part of the authorised development comprising the construction,...

        11. Fencing

          1. 11.Any permanent and temporary fencing and other means of enclosure...

        12. New Pond

          1. 12.(1) No part of Work No. 13 is to commence...

        13. Approvals and amendments to approved details

          1. 13.With respect to any requirement which requires the authorised development...

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. Applications made under requirements

          1. 14.(1) Where an application has been made to the Secretary...

        2. Further information

          1. 15.(1) In relation to any part of an application made...

        3. Register of requirements

          1. 16.(1) The undertaker must, as soon as practicable following the...

        4. Anticipatory steps towards compliance with any requirement

          1. 17.If before the coming into force of this Order the...

        5. Details of consultation

          1. 18.With respect to any provision of this Schedule requiring details...

    3. SCHEDULE 3

      CLASSIFICATIONS OF ROADS, ETC.

      1. PART 1 TRUNK ROADS

      2. PART 2 CLASSIFIED B ROADS

      3. PART 2A CLASSIFIED C ROADS

      4. PART 3 UNCLASSIFIED ROADS

      5. PART 4 SPEED LIMITS

      6. PART 5 REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

      7. PART 6 FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS

      8. PART 7 ROADS TO BE DE-TRUNKED

      9. PART 8 TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

    4. SCHEDULE 4

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

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

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

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

      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 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 (compulsory purchase under Acquisition of Land Act 1946)...

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

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      REMOVAL OF HEDGEROWS

    9. SCHEDULE 9

      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 17...

        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 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 36 (statutory...

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

      3. PART 3 FOR THE PROTECTION OF ANGLIAN WATER

        1. Application

          1. 18.(1) For the protection of Anglian Water, the following provisions...

        2. Interpretation

          1. 19.In this part of this Schedule – “1991 Act” means...

        3. On street apparatus

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

        4. Apparatus in stopped up streets

          1. 21.(1) Where any street is stopped up under article 17...

        5. Protective works to buildings

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

        6. Acquisition of land

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

        7. Removal of apparatus

          1. 24.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 25.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 26.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 27.(1) Subject to the following provisions of this paragraph, the...

          2. 28.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Cooperation

          1. 29.Where in consequence of the proposed construction of any of...

          2. 30.Where the undertaker identifies any apparatus which may belong to...

          3. 31.Nothing in this Part of this Schedule affects the provisions...

          4. 32.Any time period in which an action must be taken...

      4. PART 4 FOR THE PROTECTION OF CADENT AS GAS UNDERTAKER

        1. Application

          1. 33.For the protection of Cadent the following provisions will, unless...

        2. Interpretation

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

        3. On Street apparatus

          1. 35.(1) This Part of this Schedule does not apply to...

        4. Apparatus of Cadent in stopped up streets

          1. 36.(1) Where any street is stopped up under article 17...

        5. Protective works to buildings

          1. 37.The undertaker must exercise the powers conferred by article 22...

        6. Acquisition of land

          1. 38.(1) Regardless of any provision in this Order or anything...

        7. Removal of apparatus

          1. 39.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 40.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus: protection of Cadent

          1. 41.(1) Not less than 56 days before the commencement of...

        10. Expenses

          1. 42.(1) Subject to the following provisions of this paragraph, the...

        11. Indemnity

          1. 43.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 44.Except where this Part of this Schedule provides otherwise or...

        13. Co-operation

          1. 45.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 46.If in consequence of any agreement reached in accordance with...

        15. Arbitration

          1. 47.Save for differences or disputes arising under paragraph 38(2) and...

        16. Notices

          1. 48.Notwithstanding article 48 (service of notices) any plans submitted to...

    10. SCHEDULE 10

      DOCUMENTS, ETC. TO BE CERTIFIED

      1. PART 1 ENVIRONMENTAL STATEMENT

      2. PART 2 OTHER DOCUMENTS

  11. Explanatory Note

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