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The M54 to M6 Link Road Development Consent Order 2022

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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.Limits of deviation

    5. 7.Benefit of Order

    6. 8.Consent to transfer benefit of Order

  4. PART 3 STREETS

    1. 9.Application of the 1991 Act

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

    3. 11.Classification of roads etc.

    4. 12.Temporary stopping up and restriction of use of streets

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

    6. 14.Access to works

    7. 15.Clearways

    8. 16.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 17.Discharge of water

    2. 18.Protective work to buildings

    3. 19.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION

    1. 20.Compulsory acquisition of land

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

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

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

    5. 24.Private rights over land

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

    7. 26.Application of the 1981 Act

    8. 27.Acquisition of subsoil or airspace only

    9. 28.Rights under or over streets

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

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

    12. 31.Statutory undertakers

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

    14. 33.Recovery of costs of new connections

  7. PART 6 OPERATIONS

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

    2. 35.Trees subject to tree preservation orders

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 36.Application of landlord and tenant law

    2. 37.Operational land for purposes of the Town and Country Planning Act 1990

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

    4. 39.Protection of interests

    5. 40.Certification of documents, etc.

    6. 41.Service of notices

    7. 42.Arbitration

  9. Signature

  10. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. Interpretation

          1. 1.(1) In this Schedule— “bank or public holiday” means Christmas...

        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. Construction and handover environmental management plans

          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 and foul water drainage

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

        9. Archaeological remains

          1. 9.(1) Any archaeological remains not previously identified which are revealed...

        10. Fencing

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

        11. Signage to Saredon Filling Station

          1. 11.No part of the authorised development constituting Work No. 36...

        12. Weight Restriction Warning Signs

          1. 12.Before the authorised development is open for traffic, two warning...

        13. Details of consultation

          1. 13.(1) With respect to any requirement which requires details to...

      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. Anticipatory steps towards compliance with any requirement

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

    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: NEW ROADS

      6. PART 6 PUBLIC RIGHTS OF WAY

      7. PART 7 CREATION OF NEW TRAFFIC REGULATION ORDERS

      8. PART 8 VARIATION OF EXISTING TRAFFIC REGULATION ORDERS

    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 STREETS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      3. PART 3 PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      4. PART 4 PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

      5. PART 5 ALTERATIONS TO PUBLIC RIGHTS OF WAY

      6. PART 6 PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      7. PART 7 PROVISION OR 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 modification referred to in paragraph 4(a) are as...

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      HEDGEROWS AND TREES

      1. PART 1 HEDGEROWS

      2. PART 2 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. 1.(1) For the protection of the utility undertakers referred to...

        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 13...

        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 31 (statutory...

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

      3. PART 3 FOR THE PROTECTION OF CADENT GAS LTD AS GAS UNDERTAKER

        1. 18.Application

        2. 19.Interpretation

        3. 20.On Street Apparatus

        4. 21.Apparatus of Cadent in stopped up streets

        5. 22.Protective works to buildings

        6. 23.Acquisition of land

        7. 24.Removal of apparatus

        8. 25.Facilities and rights for alternative apparatus

        9. 26.Retained apparatus: protection of Cadent

        10. 27.Expenses

        11. 28.Indemnity

        12. 29.Enactments and agreements

        13. 30.Co-operation

        14. 31.Access

        15. 32.Arbitration

        16. 33.Notices

      4. PART 4 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER

        1. 34.Application

        2. 35.Interpretation

        3. 36.On street apparatus

        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.Notices

      5. PART 5 FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION LIMITED (WEST MIDLANDS) PLC AS ELECTRICITY UNDERTAKER

        1. 50.Application

        2. 51.Interpretation

        3. 52.Precedence of 1991 Act in respect of apparatus in streets

        4. 53.No acquisition except by agreement

        5. 54.Removal of apparatus

        6. 55.Facilities and rights for alternative apparatus

        7. 56.Retained apparatus

        8. 57.Expenses and costs

        9. 58.(1) Subject to sub-paragraph (2), if by reason or in...

        10. 59.Expert determination

    10. SCHEDULE 10

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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