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The A63 (Castle Street Improvement, Hull) Development Consent Order 2020

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The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 STATUTORY INSTRUMENTS 2020 No. 556 INFRASTRUCTURE PLANNING The A63 (Castle Street Improvement, Hull) Development Consent Order 2020 Made - - - - 28th May 2020 Coming into force - - 18th June 2020 CONTENTS PART 1 PRELIMINARY 1. Citation and commencement 2. Interpretation PART 2 PRINCIPAL POWERS 3. Development consent etc. granted by the Order 4. Maintenance of authorised development 5. Maintenance of drainage works 6. Limits of deviation 7. Benefit of Order 8. Consent to transfer benefit of Order PART 3 STREETS 9. Application of the 1991 Act 10. Construction and maintenance of new, altered or diverted streets and other structures 11. Classification of roads, etc. 12. Temporary stopping up and restriction of use of streets 13. Permanent stopping up and restriction of use of streets and private means of access 14. Access to works 15. Clearways 16. Traffic regulation PART 4 SUPPLEMENTAL POWERS 17. Discharge of water 18. Protective work to buildings 19. Authority to survey and investigate the land PART 5 POWERS OF ACQUISITION AND POSSESSION 20. Compulsory acquisition of land 21. Compulsory acquisition of land – incorporation of the mineral code 22. Time limit for exercise of authority to acquire land compulsorily 23. Compulsory acquisition of rights and restrictive covenants 24. Private rights over land 25. Modification of Part 1 of the 1965 Act 26. Application of the 1981 Act 27. Acquisition of subsoil or airspace only 28. Rights under or over streets 29. Temporary use of land for carrying out the authorised development 30. Temporary use of land for maintaining the authorised development 31. Statutory undertakers 32. Apparatus and rights of statutory undertakers in stopped up streets 33. Recovery of costs of new connections 34. Special category land PART 6 OPERATIONS 35. Felling or lopping of trees and removal of hedgerows PART 7 MISCELLANEOUS AND GENERAL 36. Removal of human remains 37. Application of landlord and tenant law 38. Operational land for purposes of the 1990 Act 39. Defence to proceedings in respect of statutory nuisance 40. Protection of interests 41. Certification of documents, etc. 42. Service of notices 43. Arbitration 44. Crown rights SCHEDULES SCHEDULE 1 — AUTHORISED DEVELOPMENT 2 SCHEDULE 2 — REQUIREMENTS PART 1 — REQUIREMENTS PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC. PART 1 — TRUNK ROADS PART 2 — OTHER ROAD CLASSIFICATIONS PART 3 — ROADS SUBJECT TO 30 MILES PER HOUR LIMIT PART 4 — ROADS SUBJECT TO 40 MILES PER HOUR LIMIT PART 5 — ROAD SUBJECT TO ONE WAY RESTRICTIONS PART 6 — ROADS SUBJECT TO TWO WAY TRAFFIC PART 7 — ROADS SUBJECT TO PROHIBITION OF PARKING – NO WAITING OR LOADING AT ANY TIME PART 8 — CYCLE TRACKS AND FOOTWAYS PART 9 — PRIVATE MEANS OF ACCESS PART 10 — PUBLIC RIGHTS OF WAY PART 11 — UNCONTROLLED CROSSING SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED PART 2 — STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED PART 3 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED PART 4 — PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN SCHEDULE 8 — PROTECTIVE PROVISIONS PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS SCHEDULE 9 — DOCUMENTS TO BE CERTIFIED 3 An application has been made to the Secretary of State under section 37 of the Planning Act 2008( a) (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009( b) for an Order. The application was examined by a single appointed person (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010( c). The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State. The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application. In accordance with section 131(4) of the 2008 Act, the Secretary of State is satisfied, having considered the report and recommendation of the single appointed person, that replacement land has been or will be given in exchange for the open space land comprised within the Order land which is subject to compulsory acquisition under this Order, and that the replacement land has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the open space land comprised within the Order land. In accordance with section 132(3) of the 2008 Act, the Secretary of State is satisfied, having considered the report and recommendation of the single appointed person, that where this Order authorises the compulsory acquisition of a right over the open space land comprised within the Order land then that open space land, when burdened within the right, will be no less advantageous than it was before to the persons in who it is vested, other persons, if any, entitled to rights of common or other rights, and the public. The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 15, 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order— PART 1 PRELIMINARY Citation and commencement 1. This Order may be cited as the A63 (Castle Street Improvement, Hull) Development Consent Order 2020 and comes into force on 18th June 2020. (a) 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20). (b) S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378 and S.I. 2019/734. (c) S.I. 2010/103, amended by S.I. 2012/635. 4 Interpretation 2. —(1) In this Order— “the 1961 Act” means the Land Compensation Act 1961( a); “the 1965 Act” means the Compulsory Purchase Act 1965( b); “the 1980 Act” means the Highways Act 1980( c); “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981( d); “the 1984 Act” means the Road Traffic Regulation Act 1984( e); “the 1990 Act” means the Town and Country Planning Act 1990( f); “the 1991 Act” means the New Roads and Street Works Act 1991( g); “the 2008 Act” means the Planning Act 2008( h); “address” includes any number or address for the purposes of electronic transmission; “apparatus” has the same meaning as in Part 3 of the 1991 Act; “authorised development” means the development and associated development described in Schedule 1 (authorised development) or any part of it, which is development within the meaning of section 32 (meaning of development) of the 2008 Act; “the book of reference” means the document certified by the Secretary of State under article 41 (certification of documents etc.) as the book of reference for the purposes of this Order; “British Telecommunications PLC” and “BT” means the company registered in England and Wales, company number 01800000, whose registered address is 81 Newgate Street, London EC1A 7AJ; “building” includes any structure or erection or any part of a building, structure or erection; “carriageway” has the same meaning as in the 1980 Act and includes part of a carriageway; “CEMP” means construction environmental management plan; “commence” means beginning to carry out any material operation (as defined in section 155 of the 2008 Act) forming part of the authorised development other than operations consisting of archaeological investigations, environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, erection of any temporary means of enclosure or the temporary display of site notices or advertisements and “commencement” is to be construed accordingly; “cycle track” has the same meaning as in the 1980 Act and includes part of a cycle track( i); “electronic transmission” means a communication transmitted— (a) by means of an electronic communications network; or (b) by other means but while in electronic form; “the engineering drawings and sections” means the drawings and sections certified by the Secretary of State under article 41 (certification of documents etc.) as the engineering drawings and sections for the purposes of this Order; (a) 1961 c. 33. (b) 1965 c. 56. (c) 1980 c. 66. (d) 1981 c. 66. (e) 1984 c. 27. (f) 1990 c. 8. Section 206(1) was amended by section 192(8) of, and paragraphs 7 and 11 of Schedule 8 to, the Planning Act 2008 (c. 29) (date in force to be appointed see section 241(3), (4)(a) and (c) of the 2008 Act). There are other amendments to the 1990 Act which are not relevant to this Order.
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