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The A12 Chelmsford to A120 Widening Development Consent Order 2024

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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.Application of the 1990 Act

    4. 8.Planning permission

    5. 9.Limits of deviation

    6. 10.Benefit of Order

    7. 11.Consent to transfer benefit of Order

  4. PART 3 STREETS

    1. 12.Application of the 1991 Act

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

    3. 14.Classification of roads, etc.

    4. 15.Speed limits

    5. 16.Power to alter layout etc. of streets

    6. 17.Street Works

    7. 18.Temporary alteration, diversion, prohibition and restriction of the use of streets

    8. 19.Permanent stopping up and restriction of use of streets and private means of access

    9. 20.Public rights of way

    10. 21.Access to works

    11. 22.Clearways, prohibitions and restrictions

    12. 23.Traffic Regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 24.Discharge of water

    2. 25.Protective work to buildings

    3. 26.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 27.Compulsory acquisition of land

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

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

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

    5. 31.Private rights over land

    6. 32.Power to override easements and other rights

    7. 33.Disregard of certain interests and improvements

    8. 34.Set-off for enhancement in value of retained land

    9. 35.No double recovery

    10. 36.Modification of Part 1 of the 1965 Act

    11. 37.Application of the 1981 Act

    12. 38.Acquisition of subsoil or airspace only

    13. 39.Rights under or over streets

    14. 40.Temporary use of land for carrying out the authorised development

    15. 41.Temporary use of land for maintaining the authorised development

    16. 42.Statutory undertakers

    17. 43.Apparatus and rights of statutory undertakers in stopped up streets

    18. 44.Recovery of costs of new connections

    19. 45.Special category land

  7. PART 6 OPERATIONS

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

    2. 47.Trees subject to tree preservation orders, etc.

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 48.Application of landlord and tenant law

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

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

    4. 51.Removal of human remains

    5. 52.Crown Rights

    6. 53.Use of private roads for construction

    7. 54.Disapplication of local legislation

    8. 55.Disapplication and modification of byelaws

    9. 56.Use of land between Bury Lane and Station Road, Hatfield Peverel

    10. 57.Use of consecrated land

    11. 58.Protective provisions

    12. 59.Certification of documents, etc.

    13. 60.Service of notices

    14. 61.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the County of Essex, in the administration areas of Chelmsford City Council, Braintree District Council, Maldon District Council and Colchester City Council.

      2. Permanent Works

      3. Temporary Works

      4. Utilities Works

      5. Other associated development

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Second Iteration EMP

        4. 4.Third Iteration EMP

        5. 5.Landscaping

        6. 6.Contaminated Land and groundwater

        7. 7.Archaeology

        8. 8.Protected species

        9. 9.Traffic management

        10. 10.Detailed design

        11. 11.Surface and foul water drainage

        12. 12.Flood risk assessment

        13. 13.Noise mitigation

        14. 14.Boreham operation phase traffic mitigation measures

        15. 15.Messing operation phase traffic mitigation measures

        16. 16.Operation phase local traffic monitoring

        17. 17.Pre-commencement works

        18. 18.Junction 21

        19. 19.De-trunking

        20. 20.Walking, cycling and horse-riding bridges

        21. 21.Approvals and amendments to approved details

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 22.Applications made under requirements

        2. 23.Further information

        3. 24.Register of requirements

        4. 25.Anticipatory steps towards compliance with any requirement

        5. 26.Timing of consultation

        6. 27.Details of consultation

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 TRUNK ROADS

      2. PART 2 CLASSIFIED A ROADS

      3. PART 3 CLASSIFIED B ROADS

      4. PART 4 CLASSIFIED C ROADS

      5. PART 5 UNCLASSIFIED ROADS

      6. PART 6 SPEED LIMITS

      7. PART 7 VARIABLE SPEED LIMITS

      8. PART 8 TRAFFIC REGULATION MEASURES (CLEARWAYS)

      9. PART 9 TRAFFIC REGULATION MEASURES (PROHIBITIONS)

      10. PART 10 TRAFFIC REGULATION MEASURES (NO ENTRY)

      11. PART 11 TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)

      12. PART 12 REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

      13. PART 13 FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS

      14. PART 14 ROADS TO BE DE-TRUNKED

    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

      3. PART 3 NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

      4. PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      5. PART 5 NEW PRIVATE MEANS OF ACCESS WHICH ARE TO BE PROVIDED

      6. PART 6 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

    5. SCHEDULE 5

      LAND IN WHICH 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. 1.Compensation enactments

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

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

      4. 4.Application of Part 1 of the 1965 Act

      5. 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

      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

    9. SCHEDULE 9

      HEDGEROWS AND TREES

      1. PART 1 REMOVAL OF IMPORTANT HEDGEROWS

      2. PART 2 REMOVAL OF OTHER HEDGEROWS

      3. PART 3 TREES SUBJECT TO TREE PRESERVATION ORDERS

    10. SCHEDULE 10

      DISAPPLICATION AND MODIFICATION OF BYELAWS

    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. 3.On street apparatus

        4. 4.Apparatus in stopped up streets

        5. 5.Protective works to buildings

        6. 6.Acquisition of land

        7. 7.Removal of apparatus

        8. 8.Facilities and rights for alternative apparatus

        9. 9.Retained apparatus

        10. 10.Expenses and costs

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

        12. 12.Co-operation

        13. 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 42 (statutory...

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

      3. PART 3 FOR THE PROTECTION OF ANGLIAN WATER

        1. 18.Application

        2. 19.Interpretation

        3. 20.On street apparatus

        4. 21.Schedule of apparatus

        5. 22.Apparatus in stopped up streets

        6. 23.Protective works to buildings

        7. 24.Acquisition of land

        8. 25.Removal of apparatus

        9. 26.Facilities and rights for alternative apparatus

        10. 27.Retained apparatus

        11. 28.Expenses and costs

        12. 29.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        13. 30.Co-operation

        14. 31.Where the undertaker identifies any apparatus which may belong to...

        15. 32.Nothing in this Part of this Schedule affects the provisions...

        16. 33.Any time period in which an action must be taken...

      4. PART 4 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC

        1. 34.Application

        2. 35.Interpretation

        3. 36.Except for paragraphs 37 (apparatus of National Grid in stopped...

        4. 37.Apparatus of National Grid in stopped up streets

        5. 38.Protective works to buildings

        6. 39.Acquisition of land

        7. 40.Removal of apparatus

        8. 41.Facilities and rights for alternative apparatus

        9. 42.Retained apparatus: protection of electricity undertaker

        10. 43.Expenses

        11. 44.Indemnity

        12. 45.Enactments and agreements

        13. 46.Co-operation

        14. 47.Access

        15. 48.Arbitration

        16. 49.Notice

      5. PART 5 FOR THE PROTECTION OF CADENT AS GAS UNDERTAKER

        1. 50.Application

        2. 51.Interpretation

        3. 52.On street apparatus

        4. 53.Apparatus of Cadent in stopped up streets

        5. 54.Protective works to buildings

        6. 55.Acquisition of land

        7. 56.Removal of apparatus

        8. 57.Facilities and rights for alternative apparatus

        9. 58.Retained apparatus: protection of Cadent

        10. 59.Expenses

        11. 60.Indemnity

        12. 61.Enactments and agreements

        13. 62.Co-operation

        14. 63.Access

        15. 64.Arbitration

        16. 65.Notices

      6. PART 6 FOR THE PROTECTION OF RAILWAY INTERESTS

        1. 66.The provisions of this Part of this Schedule have effect,...

        2. 67.In this Part of this Schedule— “asset protection agreement” means...

        3. 68.(1) Where under this Part of this Schedule Network Rail...

        4. 69.(1) The undertaker must not exercise the powers conferred by—...

        5. 70.(1) The undertaker must before commencing construction of any specified...

        6. 71.(1) Any specified work and any protective works to be...

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

        8. 73.Network Rail must at all times afford reasonable facilities to...

        9. 74.(1) If any permanent or temporary alterations or additions to...

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

        11. 76.(1) In this paragraph— “EMI” means, subject to sub-paragraph (2),...

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

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

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

        15. 80.(1) The undertaker must pay to Network Rail all reasonable...

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

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

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

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

        20. 85.The undertaker must give written notice to Network Rail if...

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

        22. 87.In relation to any dispute arising under this part of...

    12. SCHEDULE 12

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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