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Highways England A47 North Tuddenham to Easton Dualling Draft Development Consent Order • A47 North Tuddenham to Easton Dualling [Scheme Name] Scheme[Scheme Number: Number TR010038TR100xx] 1.3 Introduction to the Application APFP Regulation 5(2)(q) Planning Act 2008 Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Volume 3 3.1 Draft Development Consent Order APFP Regulation 5(2)(b) Planning Act 2008 Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 March 2021 Planning Inspectorate Scheme Ref: TR010038 Application Document Ref: TR010038/APP/3.1 Volume [x] A47 North Tuddenham to Easton Dualling Draft Development Consent Order Infrastructure Planning Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 The A47 North Tuddenham to Easton Development Consent Order 202[x] DRAFT DEVELOPMENT CONSENT ORDER Regulation Number: 5(2)(b) Planning Inspectorate Scheme TR010038 Reference Application Document Reference TR010038/APP/3.1 BIM Document Reference HE551489-GTY-LSI-000-RP-TX-30025 Author: A47 North Tuddenham to Easton Dualling Project Team, Highways England Version Date Status of Version Rev 0 March 2021 Application Issue Planning Inspectorate Scheme Ref: TR010038 Application Document Ref: TR010038/APP/3.1 STATUTORY INSTRUMENTS 202X No. [XX] INFRASTRUCTURE PLANNING The A47 North Tuddenham to Easton Development Consent Order 202[X] Made - - - - *** Laid before Parliament *** Coming into force - - *** CONTENTS PART 1 PRELIMINARY 1. Citation and commencement 4 2. Interpretation 4 3. Disapplication of legislative provisions 8 4. Maintenance of drainage works 8 PART 2 PRINCIPAL POWERS 5. Development consent etc. granted by the Order 9 6. Construction and maintenance of authorised development 9 7. Planning permission 9 8. Limits of deviation 9 9. Benefit of Order 9 10. Consent to transfer benefit of Order 10 PART 3 STREETS 11. Application of the 1991 Act 11 12. Construction and maintenance of new, altered or diverted streets and other structures 12 13. Classification of roads, etc. 14 14. Power to alter layout etc. of streets 14 15. Street Works 15 16. Temporary alteration, diversion, prohibition and restriction of use of streets 15 17. Permanent stopping up and restriction of use of streets and private means of access 16 18. Access to works 17 19. Clearways, prohibitions and restrictions 17 20. Traffic regulation 18 PART 4 SUPPLEMENTAL POWERS 21. Discharge of water 19 22. Protective work to buildings 20 23. Authority to survey and investigate the land 21 PART 5 POWERS OF ACQUISITION 24. Compulsory acquisition of land 22 25. Compulsory acquisition of land – incorporation of the mineral code 22 26. Time limit for exercise of authority to acquire land compulsorily 23 27. Compulsory acquisition of rights and imposition of restrictive covenants 23 28. Public rights of way 23 29. Private rights over land 23 30. Modification of Part 1 of the 1965 Act 25 31. Application of the 1981 Act 25 32. Acquisition of subsoil or airspace only 26 33. Rights under or over streets 27 34. Temporary use of land for carrying out the authorised development 27 35. Temporary use of land for maintaining the authorised development 29 36. Statutory undertakers 30 37. Apparatus and rights of statutory undertakers in stopped up streets 30 38. Recovery of costs of new connections 31 39. Extinguishment of private rights and restrictive covenants relating to apparatus removed from land subject to temporary possession 32 PART 6 OPERATIONS 40. Felling or lopping of trees and removal of hedgerows 32 41. Trees subject to tree preservation orders 33 PART 7 MISCELLANEOUS AND GENERAL 42. Application of landlord and tenant law 34 43. Operational land for purposes of the 1990 Act 34 44. Defence to proceedings in respect of statutory nuisance 34 45. No double recovery 35 46. Disregard of certain improvements etc. 35 47. Set off for enhancement in value of retained land 35 48. Appeals relating to the Control of Pollution Act 1974 36 49. Use of consecrated land 37 50. Protection of interests 37 2 51. Certification of documents, etc. 38 52. Service of notices 38 53. Arbitration 39 54. Crown Rights 39 SCHEDULES SCHEDULE 1 — AUTHORISED DEVELOPMENT 40 SCHEDULE 2 — REQUIREMENTS 48 PART 1 — REQUIREMENTS 48 PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS 52 SCHEDULE 3 — CLASSIFICATIONS OF ROADS, ETC. 54 PART 1 — TRUNK ROADS 54 PART 1A — CLASSIFIED A ROADS 55 PART 2 — CLASSIFIED B ROADS 55 PART 2A — CLASSIFIED C ROADS 57 PART 3 — UNCLASSIFIED ROADS 58 PART 4 — SPEED LIMITS 58 PART 5 — REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS 61 PART 6 — FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS 61 PART 7 — ROADS TO BE DETRUNKED 64 PART 8 — TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS) 65 SCHEDULE 4 66 PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED 66 PART 2 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED 68 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 79 PART 4 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED 83 SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED 83 SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS 119 SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN 123 SCHEDULE 8 — REMOVAL OF HEDGEROWS 139 PART 1 — REMOVAL OF HEDGEROWS 139 PART 2 — REMOVAL OF IMPORTANT HEDGEROWS 140 SCHEDULE 9 — PROTECTIVE PROVISIONS 140 3 PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS 140 PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS 145 PART 3 — FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER 147 PART 4 — FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED 156 SCHEDULE 10 — DOCUMENTS, ETC. TO BE CERTIFIED 158 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 granting development consent. 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 and recommendation to the Secretary of State. The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation 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. The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120, 122 and 123 of, and paragraphs 1 to 3, 10 to 15, 17, 19 to 23, 26, 33, 36 and 37 of Part 1 Schedule 5 to, the 2008 Act, makes the following Order— PART 1 PRELIMINARY Citation and commencement 1. This Order may be cited as the A47 North Tuddenham to Easton Development Consent Order 202[X] and comes into force on [XX]. Interpretation 2.—(1) In this Order except where provided otherwise— “the 1961 Act” means the Land Compensation Act 1961(d); “the 1965 Act” means the Compulsory Purchase Act 1965(e); (a) 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 and Schedule 13, Para 5 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. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/2381, S.I. 2017/572 and S.I. 2020/764; there are other amending instruments but none is relevant. (c) S.I. 2010/103, amended by S.I. 2012/635. (d) 1961 c. 33. (e) 1965 c. 56. 4 “the 1980 Act” means the Highways Act 1980(a); “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(b); “the 1984 Act” means the Road Traffic Regulation Act 1984(c); “the 1990 Act” means the Town and Country Planning Act 1990(d); “the 1991 Act” means the New Roads and Street Works Act 1991(e); “the 2008 Act” means the Planning Act 2008(f); “the 2017 Regulations” means the Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017(g); “address” includes any number or address for the purposes of electronic transmission; “Anglian Water” means Anglian Water Services Limited (company number 2366656), whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, United Kingdom, PE29 6XU (or a related subsidiary company); “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) and any other development authorised by this Order, “the Book of Reference” means the document of that description certified by the Secretary of State as the Book of Reference for the purposes of the Order; “bridleway” has the same meaning as in the 1980 Act; “BT” means British Telecommunications Plc (company
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