The Portishead Branch Line (MetroWest Phase 1) Order 2022
| Jurisdiction | UK Non-devolved |
| Citation | SI 2022/1194 |
| Year | 2022 |
2022 No. 1194
Infrastructure Planning
The Portishead Branch Line (MetroWest Phase 1) Order 2022
Made 14th November 2022
Coming into force 5th December 2022
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 granting development consent.
The application was examined in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 20103by a Panel of two members (“the Panel”) appointed by the Secretary of State in accordance with Chapter 2 of Part 6 of the 2008 Act.
The Panel, having considered the representations made and not withdrawn and the application with the accompanying documents, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 change to the proposals comprised in the application.
In accordance with section 131(5) of the 2008 Act the Secretary of State is satisfied that where this Order authorises the compulsory acquisition of land forming part of an open space being the cycle track special category land (as defined in article 54 of this Order) that land is less than 200 square metres in extent and the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.
In accordance with section 132(3) of the 2008 Act the Secretary of State is satisfied that where this Order authorises the compulsory acquisition of a right over other land forming part of an open space that land, when burdened with the order right, will be no less advantageous than it was before to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights in the land, 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 17, 20, 23, 24, 26, 33, 34, 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 Portishead Branch Line (MetroWest Phase 1) Order 2022 and comes into force on 5th December 2022.
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 2003 Act” means the Communications Act 200311;
“the 2008 Act” means the Planning Act 2008;
“the 2017 Act” means the Neighbourhood Planning Act 201712;
“address” includes any number or address used for the purposes of electronic transmission;
“authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act;
“authorised railway works” means those parts of the authorised development that are on land that is or will become operational railway land;
“Avon Gorge Woodlands SAC” means the Avon Gorge Woodlands Special Area of Conservation (EU Code UK0012734);
“Avon Gorge Vegetation Management Plan” means the management plan for the management of the construction of the authorised development within the Avon Gorge Woodlands SAC agreed by Network Rail and the undertaker in consultation with Natural England and certified as such by the Secretary of State;
“book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“bridleway” has the same meaning as in the 1980 Act;
“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;
“COCP” means the document certified as the code of construction practice by the Secretary of State for the purposes of this Order;
“commence” means beginning to carry out any material operation (as defined in section 155 (when development begins) of the 2008 Act) forming part of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, archaeological investigations, receipt and erection of construction plant and equipment, utility diversions, laying out of compounds, works to clear watercourses, erection of any temporary means of enclosure, erection of protective fencing, the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;
“compounds, haul roads and access to works plan” means the document certified by the Secretary of State as the compounds, haul roads and access to works plan for the purposes of this Order;
“crossings to be extinguished plans” means the plans certified as the crossings to be extinguished plans by the Secretary of State for the purposes of this Order;
“CTMP” means the document certified as the construction traffic management plan by the Secretary of State for the purposes of this Order;
“cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act13;
“design drawings” means the drawings described as such in Schedule 17 (documents to be certified) and certified as the design drawings by the Secretary of State for the purposes of this Order;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means provided it is in electronic form,
and in this definition “electronic communications network” has the same meaning as in section 32(1)14(meaning of electronic communications and networks and services) of the 2003 Act;
“environmental statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;
“first open for use” means—
(a) in respect of railway related activities, the date on which Work Nos. 1, 1A and 1B are first used for revenue earning purposes by the passage of passenger carrying railway vehicles; and
(b) in respect of highway related activities, the date on which the new highway is first available for the public to pass and repass;
“footpath” has the same meaning as in the 1980 Act;
“hedgerow location plan” means the plan certified as the hedgerow location plan by the Secretary of State for the purposes of this Order;
“highway” has the same meaning as in the 1980 Act;
“IDB” means the North Somerset Levels Internal Drainage Board;
“important hedgerow plan” means the plan certified as the important hedgerow plan by the Secretary of State for the purposes of this Order;
“land plan” means the plans certified as the land plan by the Secretary of State for the purposes of this Order;
“maintain” includes, to the extent assessed in the environmental statement, inspect, repair, adjust, alter, remove, reconstruct, replace or improve in relation to the authorised development and any derivative of “maintain” is to be construed accordingly;
“Master CEMP” means the document certified as the master construction environmental management plan by the Secretary of State for the purposes of this Order;
“National Highways” means National Highways Limited, company number 9346363, and includes any successor in function authorised to operate the strategic highway network in the area in which the authorised development is located;
“Network Rail” means Network Rail Infrastructure Limited, company registration number 02904587 whose registered office is at 1 Eversholt Street, London, NW1 2DN, and includes any successor in function to Network Rail authorised to operate that part of the national rail network that the authorised development is or will be included in;
“new highways plans” means the plans certified as the new highways plans by the Secretary of State for the purpose of this Order;
“operational railway land” means—
(a) land required permanently for the construction and operation of Work Nos. 1, 1A and 1B;
(b) any part of the existing railway corridor owned by Network Rail between Ashton Junction and Portbury Junction; and
(c) land forming permanent maintenance compounds held by Network Rail for the maintenance of the railways referred to in sub-paragraphs (a) and (b),
and includes associated works, structures, embankments, cuttings, stations, bridges and culverts;
“Order land” means the land shown on the land plan which is within the limits of land to be acquired or used and described in the book of reference;
“Order limits” means the Order limits shown on the works plans;
“owner” in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198115;
“permanent and temporary stopping up and diversion plan” means the plan certified as the permanent and temporary stopping up and diversion plan by the Secretary of State for the purposes of this Order;
“permanent traffic regulation order plans” means the documents certified as the permanent traffic regulation order plans by the Secretary of State for the purposes of this Order;
“Portishead Railway Acts” means the Bristol and Portishead Pier...
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