The A63 (Castle Street Improvement, Hull) Development Consent Order 2020
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
An application has been made to the Secretary of State under section 37 of the Planning Act 20081(“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092for 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 20103.
The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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.
Interpretation
2.—(1) In this Order—
“the 1961 Act” means the Land Compensation Act 19614;
“the 1965 Act” means the Compulsory Purchase Act 19655;
“the 1980 Act” means the Highways Act 19806;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 19817;
“the 1984 Act” means the Road Traffic Regulation Act 19848;
“the 1990 Act” means the Town and Country Planning Act 19909;
“the 1991 Act” means the New Roads and Street Works Act 199110;
“the 2008 Act” means the Planning Act 200811;
“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 track12;
“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;
“environmental statement” means the document of that description certified by the Secretary of State under article 41 (certification of documents etc.) as the environmental statement for the purposes of this Order;
“footway” and “footpath” have the same meaning as in the 1980 Act and include part of a footway or footpath;
“highway”, “highway authority” and “local highway authority” have the same meaning as in the 1980 Act and “highway” includes part of a highway;
“Historic England” means the Historic Buildings and Monuments Commission for England;
“KCOM Group PLC” and “KCOM” means the company registered in England and Wales, company number 02150618, whose registered address is 37 Carr Lane, Hull, East Yorkshire, HU1 3RE;
“the land plans” means the plans certified by the Secretary of State under article 41 (certification of documents etc.) as the land plans for the purposes of this Order;
“limits of deviation” means the limits of deviation referred to in article 6 (limits of deviation);
“maintain” in relation to the authorised development includes to inspect, repair, adjust, alter, remove or reconstruct to the extent that is unlikely to give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement and any derivative of “maintain” is to be construed accordingly;
“Northern Gas Networks Limited” means the company registered in England and Wales, company number 05167070, whose registered address is 1100 Century Way, Thorpe Park Business Park, Colton, Leeds LS15 8TU;
“Northern Powergrid Limited” means the company registered in England and Wales, company number 03271033, whose registered address is Lloyds Court, 78 Grey Street, Newcastle Upon Tyne NE1 6AF;
“OEMP” means the outline CEMP certified by the Secretary of State under article 41 (certification of documents etc.) as the OEMP for the purposes of this Order;
“Order land” means the land shown on the land plans which is within the Order limits and described in the book of reference;
“the Order limits” means the limits of lands to be acquired or used permanently or temporarily shown on the land plans and the works plans within which the authorised development may be carried out;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198113;
“relevant planning authority” means in any given provision of this Order, the planning authority for the area to which the provision relates;
“statutory undertaker” means any statutory undertaker for the purposes of section 127(8), of the 2008 Act;
“street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;
“streets, rights of way and access plans” means the plans certified by the Secretary of State under article 41 (certification of documents etc.) as the streets, rights of way and access plans for the purposes of this Order;
“traffic authority” has the same meaning as in section 121A14(traffic authorities) of the 1984 Act;
“the tribunal” means the Lands Chamber of the Upper Tribunal;
“trunk road” means a highway which is a trunk road by virtue of—
(a) section 1015(general provision as to trunk roads) or 19(1)16(certain special roads and other highways to become trunk roads) of the 1980 Act;
(b) an order or direction under section 10 of that Act; or
(c) an order granting development consent; or
(d) any other enactment;
“undertaker” means Highways England Company Limited (Company No. 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;
“watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;
“the works plans” means the plans certified by the Secretary of State under article 41 (certification of documents etc.) as the works plans for the purposes of this Order; and
“Yorkshire Water Services Limited” and “YW” means the company registered in England and Wales, company number 02366682, whose registered address is Western House, Halifax Road, Bradford, West Yorkshire, BD6 2SZ.
(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of...
To continue reading
Request your trial