Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
46 provisions
SCHEDULE 3 CLASSIFICATION OF ROADS ETC.
Article 10
PART 1 SPECIAL ROADS
In the administrative area of Cheshire East Council—
1 A road constructed on a route, 871 metres in length, starting at a point 249 metres north by north east of a point forming the intersect of the centre line of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, proceeding initially in a north easterly direction, to a point 260 metres south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, reference letter AA on the Special Roads Plan.
2 A road constructed on a route, 828 metres in length, starting at a point 256 metres south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, proceeding initially in a north westerly direction, to a point 251 metres north by north east of a point forming the intersect of the centreline of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, reference letter BB on the Special Roads Plan.
3 A road constructed on a route, 619 metres in length, starting at a point 421 metres south by south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, proceeding initially in a north westerly direction, to a point 291 metres south of the junction between the centreline of the M56 Eastbound Spur On-Slip with Bowdon Roundabout, reference letter CC on the Special Roads Plan.
4 A road constructed on a route, 96 metres in length, starting at a point 280 metres south by south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, proceeding in a north westerly direction, to a point 186 metres south east of the intersection between the centreline of the existing Yarwoodheath Farm Access Bridge and the centreline of the M56 Eastbound Spur On-Slip, reference letter DD on the Special Roads Plan.
PART 2 OTHER TRUNK ROADS
In the administrative area of Cheshire East Council—
5 A road constructed on a route, comprising the new A556 Trunk Road, between point A on sheet 2 of the engineering drawings and sections, being a point on the existing M6 Junction 19 roundabout and point B on sheet 7 of the engineering drawings and sections, being a point 250 metres north of a point forming the intersect of the centre line of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, for a distance of 6556 metres in a northerly direction.
6 A road constructed on a route, comprising the new Bowdon Roundabout Link Road, the circulatory carriageway of the new M56 J7/8 South Roundabout and the new A556 Southbound Merge Interchange Link, between point C on sheet 7 of the engineering drawings and sections, being a point on the existing Bowdon Roundabout highway boundary and point D on sheet 7 of the engineering drawings and sections, being a point on the existing A556 highway boundary, 201 metres north of a point forming the intersect of the centre line of the existing A556 Chester Road Bridge with the centreline of the M56 motorway, for a distance of 691 metres in a southerly then south westerly direction.
PART 3 ROADS TO BE DE-TRUNKED
In the administrative area of Cheshire East Council—
7 The section of highway between point A on sheet 2 of the De-Trunking Plans, being a point 10 metres south of the junction between Old Hall Lane and the A556 Chester Road and point B on sheet 6 of the De-Trunking Plans, being a point 202 metres north of the junction between Millington Lane and the A556 Chester Road, for a distance of 5003 metres in a northerly direction.
PART 4 ROADS SUBJECT TO 50 MPH SPEED LIMIT
8 The new A556 northbound carriageway continued into the new M56 Spur eastbound carriageway from a point 395 metres south of the southern abutment of Chester Road Bridge to a point 559 metres south east of the centre of Bowdon Roundabout, a distance of 1,418 metres.
9 The new M56 Spur westbound carriageway continued into the new A556 southbound carriageway from a point 827 metres south east of the centre of Bowdon Roundabout to a point 395 metres south of the southern abutment of Chester Road Bridge, a distance of 1,698 metres.
10 The new A556-A56 northbound off-slip from its junction with the new A556 and its junction with Bowdon Roundabout, a distance of 383 metres.
11 The new A556 southbound merge interchange link from its junction with the new M56 Junction 7/8 South Roundabout to its junction with the M56 westbound entry loop, a distance of 528 metres.
PART 5 ROADS SUBJECT TO 60 MPH SPEED LIMIT
12 The new A556 from its junction with M6 Junction 19 to a point 395 metres south of the southern abutment of Chester Road Bridge.
Article 11
PART 1 STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
(1) Area | (2) Street to be stopped up | (3) Extent of stopping up | (4) New street to be substituted
Rights of Way and Access Plans – Sheet 2
In the administrative area of Cheshire East Council― | C610 Old Hall Lane | From a point 46 metres west of its junction with the existing A556 Chester Road, westwards to a point 20 metres east of the access to Over Tabley Hall Farm, a total distance of 182 metres. | Reference C – Rights of Way and Access Plans Sheet 2 = New bridleway from a point on the A556 Chester Road 13 metres south of its junction with C610 Old Hall Lane, generally westwards beneath the new trunk road, then northwards along the western boundary of the new trunk road, then westwards along the route of the stopped up C610 Old Hall Lane, to a new junction with the improved C610 Old Hall Lane, a total distance of 269 metres.
A556 Chester Road | From a point 13 metres south of its junction with C610 Old Hall Lane, southwards for a distance of 45 metres. | Reference C – Rights of Way and Access Plans Sheet 2 (see above); and Reference D – Rights of Way and Access Plans Sheet 2 = New cycleway from a point in the verge of the M6 Junction 19 southbound exit slip, 10 metres west of its junction with the M6 Junction 19 circulatory carriageway, northwards along the western boundary of the new trunk road for a distance of 113 metres to join new bridleway Reference C.
Reference a – Rights of Way and Access Plans Sheet 2 = Access to property known as Over Tabley Hall, on the north of C610 Old Hall Lane, 245 metres west of its junction with A556 Chester Road. | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 2 = New private means of access to Over Tabley Hall in the same location as stopped up access Reference a, but realigned to the improved C610 Old Hall Lane
Reference b – Rights of Way and Access Plans Sheet 2 = Access to property known as Over Tabley Hall Farm, on the north of C610 Old Hall Lane, 240m west of its junction with A556 Chester Road. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 2 = New private means of access to Over Tabley Hall Farm in the same location as stopped up access Reference b, but realigned to the improved C610 Old Hall Lane.
Reference c – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 0070 on the south of C610 Old Hall Lane, 102 metres west of its junction with A556 Chester Road | The whole access | Reference 12 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 0070, on the south of the realigned C610 Old Hall Lane, 38 metres east of the access to Over Tabley Hall.
Reference d – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 1280 and field OS No. 1691, on the north of C610 Old Hall Lane, 64 metres west of its junction with A556 Chester Road. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 2 (see above); and Reference 9 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 1691 and field OS No. 1500, on the west of A556 Chester Road, 30 metres south of the access to St Paul’s Church, generally westwards, for a distance of 70 metres.
Reference e – Rights of Way and Access Plans Sheet 2 = Access to property known as Tabley Parish Hall, on the north of C610 Old Hall Lane, 48 metres west of its junction with A556 Chester Road. | The whole access | Reference 6 – Rights of Way and Access Plans Sheet 2 = New private means of access to Tabley Parish Hall on the north of C610 Old Hall Lane, 45 metres west of its junction with A556 Chester Road.
Reference f – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 0070 on the south of C610 Old Hall Lane, 45 metres west of the junction of C610 Old Hall Lane with A556 Chester Road. | The whole access | Reference 12 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 0070, on the south of the realigned C610 Old Hall Lane 38 metres east of the access to Over Tabley Hall.
Reference g – Rights of Way and Access Plans Sheet 2 = Access to the property known as Rose Cottage, on the north of C610 Old Hall Lane, 42 metres west of its junction with A556 Chester Road. | The whole access | Reference 7 – Rights of Way and Access Plans Sheet 2 = New private means of access to the property known as Rose Cottage on the north of C610 Old Hall Lane, 39 metres west of its junction with A556 Chester Road.
Reference h – Rights of Way and Access Plans Sheet 2 = Access to field OS No. 3843 and field OS No. 3351, west of A556 Chester Road, 220 metres north of the access to Church Farm. | The whole access | Reference 10 – Rights of Way and Access Plans Sheet 2 = New private means of access to field OS No. 3437, on the south of Old Hall Lane (East), 128 metres west of the existing A556 Chester Road; and Reference 11 - Rights of way and Access Plans Sheet 2 = New private means of access to field OS No. 3351 & OS No. 3843 on the north of Old Hall Lane (East), 128 metres west of the Existing A556 Chester Road.
Rights of Way and Access Plans – Sheet 3
In the administrative area of Cheshire East Council― | UW2127 Bentley Hurst Lane | From a point 304 metres north east of its junction with the eastern access to Bentley Hurst Farm, northeastwards for a distance of 69 metres. | Reference A – Rights of Way and Access Plans Sheet 3 = New highway from a point on the improved UW2127 Bentley Hurst Lane 206 metres northeast of its junction with the eastern access to Bentley Hurst Farm, north eastwards for a distance of 232 metres to connect to the improved UW2127 Bentley Hurst Lane east of the new trunk road; to include the improvement of the existing UW2127 Bentley Hurst Lane, from a point 173 metres north east of its junction with the eastern access to Bentley Hurst Farm, north eastwards for a distance of 27 metres; and to include the improvement of the existing UW2127 Bentley Hurst Lane, from a point 557 metres west of its junction with the A556 Chester Road, south westwards for a distance of 28 metres.
Reference a – Rights of Way and Access Plans Sheet 3 = Access to field OS No. 0004, on the south of UW2127 Bentley Hurst Lane, 303 metres east of the junction of UW2127 Bentley Hurst Lane with the eastern access to Bentley Hurst Farm. | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 3 = New private means of access to field OS No.0004 on the south of the improved UW2127 Bentley Hurst Lane, 193 metres east of its junction with the eastern access to Bentley Hurst Farm.
Rights of Way and Access Plans – Sheet 4
In the administrative area of Cheshire East Council― | A50 | From a point 133 metres southeast of its junction with the eastern access to Hulme Barns Farm, south eastwards for a distance of 85 metres. | Reference A – Rights of Way and Access Plans Sheet 4 = New highway from a point on the improved A50, 74 metres south east of its junction with the western access to Hulme Barns Farm, south eastwards for a distance of 577 metres (including the roundabout circumference) to connect to the improved A50 south east of the new A556; to include the improvement of the existing A50 from a point 154 metres south east of its junction with UW2103 Hulse Heath Lane, south eastwards for a distance of 204 metres; and to include the improvement of the existing A50 from a point 134 metres south east of its junction with access to field OS No. 4523, north westwards for a distance of 201 metres.
Reference a – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 0045 on the south west of the A50, 290 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 4 = New private means of access to the field OS No. 0045 on the south west of the A50, opposite the access to Hulme Barn Farm, 169 metres east of the Post Office’s eastern most access.
Reference b – Rights of Way and Access Plans Sheet 4 = Western access to Hulme Barns Farm on the north east of the A50, 289 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 4 = New private means of access to Hulme Barns Farm in the same location as stopped up access Reference b, but realigned to the improved A50.
Reference d – Rights of Way and Access Plans Sheet 4 = Eastern access to Hulme Barns Farm on the north east of the A50, 441 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 4 = New private means of access to Hulme Barns Farm in the same location as stopped up access Reference d, but realigned to the improved A50.
Reference f – Rights of Way and Access Plans Sheet 4 = Access to the compound on the north of C113 Bucklow Hill Lane, 261 metres north east of its junction with the access to Hulme Barns Farm. | The whole access | Reference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 162 metres.
Reference g – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 4619 on the north of C113 Bucklow Hill Lane, 290 metres north east of its junction with the access to Hulme Barns Farm. | The whole access | Reference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 184 metres.
Reference h – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 5000 on the south of C113 Bucklow Hill Lane, 290 metres north east of its junction with the access to Hulme Barns Farm. | The whole access | Reference 4 – Rights of Way and Access Plans Sheet 4 = New private means of access to the compound, field OS No. 4619 and field OS No. 5000 at the end of the proposed C113 Bucklow Hill Lane north eastwards for a distance of 184 metres; and Reference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900 field OS No.5000 and telecommunications site on the east of the proposed new A556.
Reference i – Rights of Way and Access Plans Sheet 4 = Access to field OS No. 4523 on the northeast of the A50, 450 metres south east of its junction with the eastern access to Hulme Barns Farm. | The whole access | Reference 5 – Rights of Way and Access Plans Sheet 4 = New private means of access to the field OS No. 4523 in the same location as stopped up access Reference i, but realigned to the improved A50.
Reference j – Rights of Way and Access Plans Sheet 4 = Access to field OS No. 5600 on the east of the improved A50, 555 metres south east of its junction with the eastern access to Hulme Barns Farm. | The whole access | Reference 6 – Rights of Way and Access Plans Sheet 4 = New private means of access to field OS No. 5600 in the same location as stopped up access Reference j, but realigned to the improved A50.
Rights of Way and Access Plans – Sheet 5
In the administrative area of Cheshire East Council ― | C114 Chapel Lane | From a point 441 metres northwest of its junction with A556 Chester Road, north westwards for a distance of 69 metres. | Reference A – Rights of Way and Access Plans Sheet 5 = New highway from a point on the improved C114 Chapel Lane 443 metres northwest of its junction with A556 Chester Road, north westwards for a distance of 74 metres to connect to the improved C114 Chapel Lane; to include the improvement of the existing C114 Chapel Lane, from a point 108 metres southeast of its junction with UW2103 Hulse Heath Lane, south eastwards for a distance of 284 metres; and to include the improvement of the existing C114 Chapel Lane, from a point 305 metres north west of its junction with A556 Chester Road, north westwards for a distance of 139 metres.
Reference a – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 6877 on the north of C114 Chapel Lane, 651 metres north west of its junction with A556 Chester Road. | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS no. 6877 on the north of C114 Chapel Lane, 698 metres north west of its junction with A556 Chester Road.
Reference b – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 4619 on the north of C113 Bucklow Hill Lane, 413 metres west of its junction with A556 Chester Road. | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900, field OS No. 5000 and telecommunications site on the east of the proposed new A556; and Reference 7 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 9424, on the north of C113 Bucklow Hill Lane, 52 metres west of access to Maltkiln House.
Reference d – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 6900 on the south of C113 Bucklow Hill Lane, 368 metres west of its junction with A556 Chester Road. | The whole access | Reference 2 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 4619, field OS No. 6900, field OS No. 5000 and telecommunications site on the east of the proposed new A556; and Reference 7 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 9424, on the north of C113 Bucklow Hill Lane, 52m west of access to Maltkiln House.
Reference e – Rights of Way and Access Plans Sheet 5 = Access to the property known as Thornedge on the south of C114 Chapel Lane, 371 metres north west of its junction with A556 Chester Road. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 5 = New private means of access to the property known as Thornedge on the south of the improved C114 Chapel Lane, in the same location as stopped up access Ref. e, but realigned to the improved C114 Chapel Lane
Reference f – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 9164 on the south of UW2104 Millington Hall Lane, 295 metres west of its junction with A556 Chester Road. | The whole access | Reference 6 – Rights of Way and Access Plans Sheet 5 = New private means of access between fields OS No. 9164 on the south of UW2104 Millington Hall Lane and field OS No. 1284 on the north of UW2104 Millington Hall Lane, 200 metres north west of the junction between UW2104 Millington Hall Lane and A556 Chester Road, northwards for a distance of 25 metres.
Reference g – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 0005 and field OS No. 1284, on the north of UW2104 Millington Hall Lane, 224 metres north west of its junction with A556 Chester Road. | The whole access | Reference 5 – Rights of Way and Access Plans Sheet 5 = New private means of access to field OS No. 0005 on the north of UW2104 Millington Hall Lane, 357 metres north west of its junction with A556 Chester Road; and Reference 6 – Rights of Way and Access Plans Sheet 5 (see above)
Reference c – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 5451 on the south of C114 Chapel Lane, 494 metres north west of its junction with A556 Chester Road. | The whole access | Reference 8 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 4263 & OS No. 5451 on south of C114 Chapel Lane, 86m east of junction with UW2103 Hulse Heath Lane; Reference 9 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 4263 & OS No. 5451 on south of C114 Chapel Lane, 185 metres east of junction with UW2103 Hulse Heath Lane; and Reference 10 – Rights of way and Access Plans Sheet 5 = New private means of access to field OS No. 7133, via private means of access (Reference 3) on south of C114 Chapel Lane, 120 metres west of Crescent Road
Rights of Way and Access Plans – Sheet 6
In the administrative area of Cheshire East Council― | Part of footpath MILL FP6 | From a point 13 metres west of its junction with MILL FP7, eastwards to its junction with MILL FP7. | Reference A – Rights of Way and Access Plans Sheet 6 = New footpath for MILL FP6 and MILL FP7, from a point 269 metres south of the access to Newhall Cottages, generally northwards for a distance of 571 metres.
Part of footpath MILL FP7 | From a point 152 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane, generally westwards for a distance of 52 metres to its junction with MILL FP6, then generally in a north westerly direction for a distance of 63 metres. | Reference A – Rights of Way and Access Plans Sheet 6 (see above)
C116 Millington Lane | From a point 40 metres northwest of its junction with the A556 Chester Road, north westwards for a distance of 60 metres. | Reference B – Rights of Way and Access Plans Sheet 6 = New highway from a point on the improved C116 Millington Lane, about 88 metres east of the access to Newhall Farm, generally eastwards for a distance of 162 metres, to connect to the improved C116 Millington Lane; to include the improvement of the existing C116 Millington Lane from a point 47 metres east of the access to Newhall Farm, eastwards for a distance of 46 metres; and to include the improvement of the existing C116 Millington Lane from its junction with the A556 Chester Road, westwards for a distance of 26 metres.
A556 Chester Road | Eastern half width from a point 205 metres north of its junction with C116 Millington Lane, northwards for a distance of 524 metres, to its junction with UW2089 Cherry Tree Lane. | Reference C – Rights of Way and Access Plans Sheet 6 = New highway from a point on the existing A556 Chester Road 205 metres north of its junction with C116 Millington Lane, northwards for a distance of 524 metres to connect to UW2089 Cherry Tree Lane; to include the improvement of the existing UW2089 Cherry Tree Lane at its junction with the A556 Chester Road, eastwards for a distance of 67 metres.
Reference a – Rights of Way and Access Plans Sheet 6 = Access to field OS No. 4848, on the north of C116 Millington Lane, 160 metres west of its junction with A556 Chester Road. | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 6 = New private means of access to field OS No. 4848, on the north of the improved C116 Millington Lane, 160 metres west of its junction with A556 Chester Road.
Reference c – Rights of Way and Access Plans Sheet 6 = Access to Bucklow Manor Nursing Home, on the south of C116 Millington Lane, 46 metres west of its junction with A556 Chester Road. | The whole access | Reference 4 – Rights of Way and Access Plans Sheet 6 = New private means of access to Bucklow Manor Nursing Home, west of A556 Chester Road, 113 metres south of its junction with the improved C116 Millington Lane.
Reference d – Rights of Way and Access Plans Sheet 6 = Access to Newhall Cottages on the west of A556 Chester Road 321 metres north of the junction of A556 Chester Road with C116 Millington Lane. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres.
Reference e – Rights of Way and Access Plans Sheet 6 = Access to field OS No. 6173, on the west of A556 Chester Road, 175 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres.
Reference f – Rights of Way and Access Plans Sheet 6 = Access to Mereside Farm on the west of A556 Chester Road, 79 metres south of the junction of A556 Chester Road with UW2089 Cherry Tree Lane. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres.
Reference g – Rights of Way and Access Plans Sheet 6 = Access to Mereside Farm on the west of A556 Chester Road, opposite the junction of A556 Chester Road with UW2089 Cherry Tree Lane. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 6 = New private means of access to Newhall Cottages, Mereside Farm and fields OS No. 6173 and OS No. 6100, on the north of the improved C116 Millington Lane, 110 metres north west of its junction with A556 Chester Road, generally northwards for a total distance of 659 metres.
Rights of Way and Access Plans – Sheet 7
In the administrative area of Cheshire East Council ― | Footpath ROS FP9 | From its junction with Yardwoodheath Lane, generally north eastwards for a distance of 552 metres to a point 18 metres southwest of Yarwoodheath Farm Access Bridge. | Reference C – Rights of Way and Access Plans Sheet 7 = New footpath from a point on the eastern boundary of Bowdon Roundabout Link 60 metres south of its junction with Bowdon Roundabout, generally south eastwards for a distance of 401 metres to join existing footpath ref. ROS FP9.
Footpath ROS FP13 | From its junction with the A556 Chester Road, generally south eastwards for a distance of 744 metres to its junction with Tom Lane. | Reference D – Rights of Way and Access Plans Sheet 7 = New cycle track (which, for the avoidance of doubt, includes a right of way on foot) from the M56 J7/8 South Roundabout, southwards for a distance of 525 metres along the route of the re-aligned Yarwoodheath Lane, to the junction of Yarwoodheath Lane and Tom Lane.
Reference a – Rights of Way and Access Plans Sheet 7 = Access to The Cheshire Lounge Public House on the western boundary of the A556 Chester Road, 46 metres north from the northern boundary of M56. | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 7 = New private means of access for The Cheshire Lounge Public House and field OS No. 0643, on the south of A56 Lymm Road 172 metres west of its junction with Bowdon Roundabout, eastwards then southwards for a total distance of 707 metres.
Reference b – Rights of Way and Access Plans Sheet 7 = Access to The Cheshire Lounge Public House on the western boundary of the A556 Chester Road, 68 metres north from the northern boundary of M56 | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 7 (see above).
Reference c – Rights of Way and Access Plans Sheet 7 = Access to field OS No. 0643, on the western boundary of the A556 Chester Road, 180 metres north from the northern boundary of M56. | The whole access | Reference 1 – Rights of Way and Access Plans Sheet 7 (see above).
Reference d – Rights of Way and Access Plans Sheet 7 = Access to Yarwoodheath Lane and Yarwoodheath Farm from its junction with the A556 Chester Road. | The whole access | Reference 3 – Rights of Way and Access Plans Sheet 7 = New private means of access to Yarwoodheath Lane and Yarwoodheath Farm at the junction of the re-aligned Yarwoodheath Lane with M56 Junction 7/8 South Roundabout.
PART 2 STREETS FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
(1) Area | (2) Street to be stopped up | (3) Extent of stopping up
Rights of Way and Access Plans – Sheet 4
In the administrative area of Cheshire East Council― | C113 Bucklow Hill Lane | From a point 179 metres northeast of its junction with the access to Hulme Barns Farm, north eastwards for a distance of 183 metres.
Reference c – Rights of Way and Access Plans Sheet 4 = Access to the field OS No. 2527 on the south west of the A50, 354 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access
Reference e – Rights of Way and Access Plans Sheet 4 = Access to field OS No. 3746 on the north east of the A50, 481 metres south east of its junction with UW2103 Hulse Heath Lane. | The whole access
Rights of Way and Access Plans – Sheet 5
In the administrative area of Cheshire East Council― | C113 Bucklow Hill Lane | From a point 217 metres west of its junction with the A556 Chester Road, south westwards for a distance of 439 metres.
UW2104 Millington Hall Lane | From a point 143 metres northwest of its junction with the A556 Chester Road, north westwards for a distance of 141 metres.
Reference h – Rights of Way and Access Plans Sheet 5 = Access to field OS No. 2500, on the west of A556 Chester Road, 132 metres north of its junction with UW2104 Millington Hall Lane. | The whole access
Rights of Way and Access Plans – Sheet 6
In the administrative area of Cheshire East Council― | Reference b – Rights of Way and Access Plans Sheet 6 = Access to field OS No. 3930 on the south of C116 Millington Lane, 100 metres west of its junction with A556 Chester Road. | The whole access
Rights of Way and Access Plans – Sheet 7
In the administrative area of Cheshire East Council― | A556 Chester Road | Part of western width of the A556 Chester Road from the northern boundary of M56, northwards for a distance of 223 metres.
M56 to A556 Spur | Part of southern width of the M56 to A556 Spur from a point 32 metres east of Bowdon roundabout, south eastwards for a distance of 330 metres.
SCHEDULE 5 LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
Article 20
(1) Plot Reference Number shown on Land Plans | (2) Purpose for which rights over land may be acquired
Land Plans - Sheet 2
2/1b | New right for the construction, inspection and maintenance of a new highway drainage outfall pipe and headwall to Tabley Brook for the benefit of the Secretary of State.
2/1i | New rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited.
2/2h | New right for the construction, inspection and maintenance of an unnamed watercourse diversion for the benefit of the Secretary of State.
2/2i | New rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited.
2/4e | New rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited.
2/4h | New rights for the construction, inspection and maintenance of, and related rights for working spaces and access to, a new buried mains gas pipeline and equipment for the benefit of National Grid Plc and new ducting and equipment for Geo Networks Limited.
2/8b | New right for the construction, inspection and maintenance of an unnamed watercourse diversion for the benefit of the Secretary of State.
2/9c | New right for the construction, inspection and maintenance of the new Tabley Parish Hall retaining wall for the benefit of the Secretary of State.
Land Plans - Sheet 3
3/1c | New right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State.
3/1e | New right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State.
3/1h | New right for the construction, inspection and maintenance of the new Green / Accommodation overbridge and access track for the benefit of the Secretary of State.
3/1i | New right for the construction, inspection and maintenance of the new Green / Accommodation overbridge access track for the benefit of the Secretary of State.
3/1m | New right for the construction, inspection and maintenance of the new Green / Accommodation overbridge and access track for the benefit of the Secretary of State.
3/2b | New right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State.
3/2d | New right for the construction, inspection and maintenance of Tabley Brook watercourse diversion for the benefit of the Secretary of State.
3/2l | New right for the construction, inspection and maintenance of the new Green / Accommodation overbridge access track for the benefit of the Secretary of State.
3/2m | New right for the construction, inspection and maintenance of a new ditch for the diversion of an unnamed watercourse to Tabley Brook for the benefit of the Secretary of State.
Land Plans - Sheet 5
5/1c | New right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited.
5/1i | New right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited.
5/3b | New right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited.
5/3d and 5/3h | New rights for the construction, inspection and maintenance of an earth bund and associated planting, ecological mitigation, landscaping and drainage infrastructure for the benefit of the Secretary of State, and restrictions on the existing landowner as to altering ground levels, building structures and interfering with structures installed as part of the authorised development.
5/4b | New right for the construction, inspection and maintenance of a new buried multi-product pipeline and equipment for the benefit of Mainline Pipelines Limited.
Land Plans - Sheet 6
6/1k, 6/1o, 6/1u and 6/1z | New rights for creation of a public right of way and private rights of way and for it to be laid out and maintained for the benefit of Cheshire East Council and the Secretary of State, and restrictions on the existing landowners not to interfere with the public right of way, its laying out, structural integrity, use and maintenance
6/1m and 6/1v | New rights for the creation of a public right of way and private rights of way and for it to be laid out and maintained for the benefit of Cheshire East Council and the Secretary of State, a new right for the construction, inspection and maintenance of a buried pipeline and equipment for the benefit of United Utilities Water plc, and restrictions on the existing landowners not to interfere with the public right of way, its laying out, structural integrity, use and maintenance
6/1n | New right for the construction, inspection and maintenance of a new buried water pipeline and equipment for the benefit of United Utilities Water Plc.
6/1r | New right for the construction, inspection and maintenance of a new buried water pipeline and equipment for the benefit of United Utilities Water Plc.
6/1x | New right for the construction, inspection and maintenance of a new buried water pipeline and equipment for the benefit of United Utilities Water Plc.
6/3b | New right for the construction, inspection, maintenance and protection of a new engineered earthworks slope for the benefit of the Secretary of State.
6/6a | New right for the construction, inspection and maintenance of the new Cherry Tree Lane retaining wall for the benefit of Cheshire East Council.
Land Plans - Sheet 7
7/4m, 7/4p, 7/4q, 7/4r, 7/4s, 7/4t, 7/4u, 7/4v, 7/4w, 7/4x, 7/4y, 7/4z, 7/4aa, and 7/4ab | New rights for the creation of a public right of way and for it and associated drainage to be laid out and maintained for the benefit of Cheshire East Council and the Secretary of State, and restrictions on the existing landowners not to interfere with the public right of way, its laying out, structural integrity, use and maintenance.
7/4ag | New right for the construction, inspection and maintenance of a new highway drainage outfall pipe, headwall and overflow channel/pipe to the River Bollin for the benefit of the Secretary of State.
7/4ak | New right for the construction, inspection and maintenance of a new retaining wall and construction, inspection and maintenance of a new culvert and highway drainage outfall to Birkin Brook for the benefit of the Secretary of State.
7/4al | New right for the construction, inspection and maintenance of a new culvert and highway drainage outfall to Birkin Brook for the benefit of the Secretary of State.
7/4an | New right for the construction, inspection and maintenance of a new retaining wall for the benefit of the Secretary of State.
7/6a | New right for the construction, inspection and maintenance of a new highway drainage outfall pipe, headwall and overflow channel/pipe to the River Bollin for the benefit of the Secretary of State.
7/6d | New right for the construction, inspection and maintenance of a new retaining wall for the benefit of the Secretary of State.
SCHEDULE 6 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
Article 20
Compensation enactments
1 The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.
2 (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 has effect subject to the modifications set out in sub-paragraphs (2) and (3).
(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 of the 1965 Act as substituted by paragraph 4—
(a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and
(b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.
(3) For section 58(1) (determination of material detriment where part of house etc. proposed for compulsory acquisition), as it applies to determinations under section 8 of the 1965 Act as substituted by paragraph 5, substitute—
(1) In determining under section 8(1) or 34(2) of the Compulsory Purchase Act 1965, or section 166(2) of the Town and Country Planning Act 1990 whether—
(a) a right over or a restrictive covenant affecting land consisting of a house, building or manufactory can be taken or imposed without material detriment or damage to the house, building or manufactory; or
(b) a right over or a restrictive covenant affecting land consisting of a park or garden belonging to a house can be taken or imposed without seriously affecting the amenity or convenience of the house,
the Upper Tribunal must take into account not only the effect of the acquisition of the right or imposition of the restrictive covenant but also the use to be made of the right or restrictive covenant proposed to be acquired or imposed, and, in a case where the right or restrictive covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use to be made of the other land.
.
Application of the 1965 Act
3 (1) The 1965 Act has effect with the modifications necessary to make it apply to the compulsory acquisition under this Order of a right by the creation of a new right, or to the imposition under this Order of a restrictive covenant, as it applies to the compulsory acquisition under this Order of land, so that, in appropriate contexts, references in that Act to land are read (according to the requirements of the particular context) as referring to, or as including references to—
(a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or
(b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.
(2) Without limitation on the scope of sub-paragraph (1), Part 1 of the 1965 Act applies in relation to the compulsory acquisition under this Order of a right by the creation of a new right or, in relation to the imposition of a restrictive covenant, with the modifications specified in the following provisions of this Schedule.
4 For section 7 of the 1965 Act (measure of compensation) substitute—
7. In assessing the compensation to be paid by the acquiring authority under this Act, regard is to be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.
.
5 For section 8 of the 1965 Act (provisions as to divided land) substitute—
8. (1) Where in consequence of the service on a person under section 5 of this Act of a notice to treat in respect of a right over land consisting of a house, building or manufactory or of a park or garden belonging to a house (“the relevant land”)—
(a) a question of disputed compensation in respect of the purchase of the right or the imposition of the restrictive covenant would apart from this section fall to be determined by the Upper Tribunal (“the tribunal”); and
(b) before the tribunal has determined that question the tribunal is satisfied that the person has an interest in the whole of the relevant land and is able and willing to sell that land and—
(i) where that land consists of a house, building or manufactory, that the right cannot be purchased or the restrictive covenant imposed without material detriment to that land; or
(ii) where that land consists of such a park or garden, that the right cannot be purchased or the restrictive covenant imposed without seriously affecting the amenity or convenience of the house to which that land belongs,
the A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (“the Order”), in relation to that person, ceases to authorise the purchase of the right or imposition of the restrictive covenant and is deemed to authorise the purchase of that person’s interest in the whole of the relevant land including, where the land consists of such a park or garden, the house to which it belongs, and the notice is deemed to have been served in respect of that interest on such date as the tribunal directs.
(2) Any question as to the extent of the land in which the Order is deemed to authorise the purchase of an interest by virtue of subsection (1) of this section is to be determined by the tribunal.
(3) Where in consequence of a determination of the tribunal that it is satisfied as mentioned in subsection (1) of this section the Order is deemed by virtue of that subsection to authorise the purchase of an interest in land, the acquiring authority may, at any time within the period of 6 weeks beginning with the date of the determination, withdraw the notice to treat in consequence of which the determination was made; but nothing in this subsection prejudices any other power of the authority to withdraw the notice.
.
6 The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—
(a) section 9(4) (failure by owners to convey);
(b) paragraph 10(3) of Schedule 1 (owners under incapacity);
(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and
(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),
are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.
7 Section 11 of the 1965 Act (powers of entry) is modified so as to secure that, as from the date on which the acquiring authority has served notice to treat in respect of any right or restrictive covenant it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant (which is deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.
8 Section 20 of the 1965 Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.
9 Section 22 of the 1965 Act (interests omitted from purchase) is modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or to enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.
SCHEDULE 7 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
Article 26
(1) Location | (2) Plot Reference Number(s) shown on Land Plans | (3) Purpose for which temporary possession may be taken | (4) Relevant part of the authorised development
Land Plans – Sheet 1
In the administrative area of Cheshire East Council― | 1/1a, 1/1b & 1/2 | Required to enable the improvement of the M6 southbound carriageway between M6 Junction 19 and Knutsford Services. This includes localised pavement widening within the highway boundary, provision of a new southbound merge layout from M6 junction 19 and other associated highway works. | Work No. 3
Land Plans – Sheet 2
In the administrative area of Cheshire East Council― | 2/1f, 2/2f, 2/4c, 2/4f and 2/4j | Required to provide working space for the new A556 Trunk Road, top soil storage areas and material storage. | Work No. 1 and Work No. 5
2/1j, 2/1l and 2/4k | Required to provide working space for the gas main diversion, top soil storage areas and material storage. | Work No. 5
2/2d and 2/4a | Required to provide a temporary drainage and attenuation facility. | All works
2/2b, 2/2g and 2/8e | Required to enable the construction of new private means of access. | Work No. 1
2/2j, 2/6f, 2/7c, 2/8f, 2/8g and 2/8h | Required to enable the construction of new private means of access | Work No. 1 and Work No. 4
2/3b, 2/3c, 2/5b (part), 2/10a and 2/10b (part) | Required to enable the improvements to M6 J19, part of the de-trunking of the existing A556 Trunk Road and the stopping up of the existing A556 Trunk Road at its junction with M6 Junction 19 to enable the construction of a new non-motorised user link. | Work No. 1
2/3d, 2/5b (part), 2/5c, 2/10b (part) and 2/10d | Required to enable works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility and the construction of bunding between the single carriageway road and non-motorised user facility. | Work No. 4
2/4l | Required to enable the construction of new private means of access. | Work No. 4(d)
2/4m | Required to provide working space for the new A556 Trunk Road and for works associated with the re-alignment of an existing mains gas pipeline. | Work No. 1 and Work No. 5
2/8d | Required as part of the works associated with the de-trunking of the A556 to include material storage. | Work No. 4
2/1h, 2/2e, 2/4d and 2/4g | Required to provide working space for the new A556 Trunk Road and for works associated with the re-alignment of an existing mains gas pipeline. | Work No. 5
Land Plans – Sheet 3
In the administrative area of Cheshire East Council― | 3/1a (part), 3/1n and 3/2o | Required to provide working space, top soil storage areas and material storage. | Work No. 1
3/1a (part) | Required to provide a temporary drainage and attenuation facility. | Work No. 1
3/1d | Required as a structure laydown area for the construction of the new Green / Accommodation Overbridge. | Work No. 1(q), (r) and (s)
3/2e, 3/2g, 3/2q, 3/2r and 3/2s | Required to enable the construction of a new private means of access. | Work No. 1
3/2p and 3/7 | Required to enable the construction of new private means of access. | Work No. 4
3/3c, 3/3d, 3/4, 3/5 and 3/6 | Required to enable part of the works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility, the construction of bunding between the single carriageway road and non-motorised user facility and the improvement of the Mere Crossroads junction with the A50. | Work No. 4
Land Plans – Sheet 4
In the administrative area of Cheshire East Council― | 4/7e, 4/7f and 4/7g | Required to enable the construction of new private means of access. | Work No. 4
4/4l | Required to provide working space, top soil storage areas and material storage. | Work No. 1
4/4e, 4/4j, and 4/4m | Required to provide working space, top soil storage areas and material storage. | All works
4/4i | Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and works vehicles, storage of plant, material and top soil and the treatment of site-generated waste. | All works
4/2d, 4/2l, 4/4a, 4/4b, 4/4o, 4/4r and 4/7a | Required to enable the construction of new private means of access. | Work No. 1
4/1d and 4/9 | Required to enable part of the works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility, the construction of bunding between the single carriageway road and non-motorised user facility and alterations to the A50. | Work No. 4
Land Plans – Sheet 5
In the administrative area of Cheshire East Council― | 5/1e | Required to provide working space, top soil storage areas and material storage. | Work No. 1 and Work No. 6
5/1j | Required as a structure laydown area for the construction of the new Chapel Lane Overbridge. | Work No. 1(x) and (y)
5/1p | Required to enable the construction of new private means of access. | Work No. 1 and Work No. 4
5/3j, 5/3m, 5/3n, 5/3o and 5/3p | Required to enable the construction of new private means of access. | Work No. 1
5/2e, 5/2f, 5/2h, 5/2i and 5/6a | Required to enable part of the works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility and the construction of bunding between the single carriageway road and non-motorised user facility. | Work No. 4
5/1b, 5/1d, 5/1h, 5/3a, 5/3c and 5/4a | Required to provide working space for the new A556 Trunk Road and for works associated with the re-alignment of an existing multi-product pipeline. | Work No. 6
Land Plans – Sheet 6
In the administrative area of Cheshire East Council― | 6/1c and 6/1d | Required to provide working space, top soil storage areas and material storage. | Work No. 1 and Work No. 4
6/1a, 6/1aa and 6/3d | Required to enable the construction of new private means of access. | Work No. 1
6/3e | Required to enable the construction of a new temporary private means of access. | Work No. 1
6/6b | Required to provide working space to construct a new retaining wall. | Work No. 1(ii)
6/1f | Required as a structure laydown area for the construction of the new Millington Lane Overbridge. | Work No. 1(ff) and Work No. 7
6/2c and 6/4a | Required to enable part of the works associated with the de-trunking of the existing A556 Trunk Road, and the subsequent improvement. To generally include the reduction of current road cross section to single carriageway, the modification of adjoining side road junctions, the construction of a new non-motorised user facility and the construction of bunding between the single carriageway road and non-motorised user facility. | Work No. 4
6/1l, 6/1p, 6/1q, 6/1s, 6/1w and 6/1y | Required to provide working space for the new A556 Trunk Road and for works associated with the re-alignment of an existing mains water pipeline. | Work No. 7
6/3g | Required to provide working space to construct a new engineered earthworks slope on the east of new A556 and adjacent to Bucklow Manor | Work No. 1(dd)
Land Plans – Sheet 7
In the administrative area of Cheshire East Council― | 7/1a | Required to provide working space, top soil storage areas and material storage. | Work No. 1 and Work No. 7
7/1b, 7/4c, 7/4g, 7/4h, 7/4i, 7/4k, 7/4l, 7/4n and 7/4ah | Required to provide working space, top soil storage areas and material storage. | Work No. 1
7/1d, 7/1h and 7/1l | Required to provide working space, top soil storage areas and material storage. | All works
7/1e | Required for the provision of a site compound, including but not limited to site offices, welfare facilities, parking for workers’ private vehicles and works vehicles, storage of plant, material and top soil and the treatment of site-generated waste. | All works
7/4j, 7/4ac, 7/4ad and 7/4ae | Required to enable the construction of new private means of access. | Work No. 1
7/4f | Required as a structure laydown area for the construction of the new Bowdon Roundabout Link Overbridge. | Work No. 1(mm)
7/2a, 7/2d, 7/2e and 7/3b | Required to enable the improvement of the M56 westbound carriageway and merge from the A556, in the vicinity of the existing Chester Road Bridge. This would include relining of the carriageway and temporary traffic management and temporary alterations to the M56. | Work No. 1
7/2k | Required to enable the improvement of the M56 eastbound diverge at Junction 7/8. This would include relining of the carriageway. | Work No. 1
Article 33
PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, OIL, WATER AND SEWERAGE UNDERTAKERS
1 For the protection of the undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the Secretary of State and the undertaker concerned.
2 In this Part of this Schedule—
“alternative apparatus” means alternative apparatus adequate to enable the undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;
“apparatus” means—
in the case of an electricity undertaker, electric lines or electrical plant (as defined in the Electricity Act 1989), belonging to or maintained by that undertaker;
in the case of a gas undertaker, any mains, pipes or other apparatus belonging to or maintained by a gas transporter within the meaning of Part 1 of the Gas Act 1986 for the purposes of gas supply;
in the case of a water undertaker, mains, pipes or other apparatus belonging to or maintained by that undertaker for the purposes of water supply; and
in the case of a sewerage undertaker—
any drain or works vested in the undertaker under the Water Industry Act 1991; and
any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) of that Act or an agreement to adopt made under section 104 of that Act,
and includes a sludge main, disposal main (within the meaning of section 219 of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works; and
in the case of Mainline Pipelines Limited, company number 00995545, whose registered office is at 11 Old Jewry, London EC2R 8DU, any oil apparatus,
and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;
“functions” includes powers and duties;
“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;
“oil apparatus” means any pipe-line, apparatus and works as described in section 65(2) of the Pipe-lines Act 1962 (meaning of “pipe-line”) and all protective wrappings, sleeves and slabs, together with ancillary cables and markers; and such legal interest, and benefit of property rights and covenants as are vested in Mainline Pipelines Limited in respect of such items;
“plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;
“undertaker” means—
any licence holder within the meaning of Part 1 of the Electricity Act 1989;
a gas transporter within the meaning of Part 1 of the Gas Act 1986;
a water undertaker within the meaning of the Water Industry Act 1991;
a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991; and
Mainline Pipelines Limited and its successors in title and function,
for the area of the authorised development, and in relation to any apparatus, means the undertaker to whom it belongs or by whom it is maintained.
On street apparatus
3 This part of this Schedule does not apply to apparatus in respect of which the relations between the Secretary of State and the undertaker are regulated by the provisions of Part 3 of the 1991 Act.
Apparatus in stopped up streets
4 (1) Where any street is stopped up under article 11 (permanent stopping up of streets), any undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the Secretary of State must grant to the undertaker legal easements reasonably satisfactory to the undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the Secretary of State or of the undertaker to require the removal of that apparatus under paragraph 7 or the power of the Secretary of State to carry out works under paragraph 9.
(2) Regardless of the temporary stopping up or diversion of any highway under the powers conferred by article 12 (temporary stopping up of streets), an undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.
Protective works to buildings
5 The Secretary of State, in the case of the powers conferred by article 16 (protective work to buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.
Acquisition of land
6 Regardless of any provision in this Order or anything shown on the land plans, the Secretary of State must not acquire any apparatus otherwise than by agreement.
Removal of apparatus
7 (1) If, in the exercise of the powers conferred by this Order, the Secretary of State acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of an undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the undertaker in question in accordance with sub-paragraphs (2) to (7).
(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the Secretary of State requires the removal of any apparatus placed in that land, the Secretary of State must give to the undertaker in question 56 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order an undertaker reasonably needs to remove any of its apparatus) the Secretary of State must, subject to sub-paragraph (3), afford to the undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the Secretary of State and subsequently for the maintenance of that apparatus.
(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the Secretary of State, or the Secretary of State is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed—
(a) in the case of an undertaker other than Mainline Pipelines Limited the undertaker must, on receipt of a written notice to that effect from the Secretary of State, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed; or
(b) in the case of Mainline Pipelines Limited, the Secretary of State must afford to and, if necessary, acquire for the benefit of Mainline Pipelines Limited the necessary facilities and rights (equivalent to those currently enjoyed by Mainline Pipelines Limited) for the construction, maintenance and use of the alternative apparatus and access to it.
(4) Any alternative apparatus to be constructed in land of the Secretary of State under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the undertaker in question and the Secretary of State or in default of agreement settled by arbitration in accordance with article 36 (arbitration).
(5) The undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 36, and after the grant to the undertaker of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the Secretary of State to be removed under the provisions of this Part of this Schedule.
(6) Regardless of anything in sub-paragraph (5), if the Secretary of State gives notice in writing to the undertaker in question that the Secretary of State intends to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the Secretary of State, that work, instead of being executed by the undertaker, must be executed by the Secretary of State without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the undertaker.
(7) Nothing in sub-paragraph (6) authorises the Secretary of State to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within—
(a) 300 millimetres of apparatus other than oil apparatus; and
(b) 3000 millimetres of oil apparatus.
(8) Sub-paragraphs (6) and (7) apply to Mainline Pipelines Limited and its apparatus only if it fails to comply with its obligations under sub-paragraph (5).
Facilities and rights for alternative apparatus
8 (1) Where, in accordance with the provisions of this Part of this Schedule, the Secretary of State affords to an undertaker facilities and rights for the construction and maintenance in land of the Secretary of State of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the Secretary of State and the undertaker in question or in default of agreement settled by arbitration in accordance with article 36 (arbitration).
(2) If the facilities and rights to be afforded by the Secretary of State in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the Secretary of State to that undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.
Retained apparatus
9 (1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the Secretary of State under paragraph 7(2), the Secretary of State must submit to the undertaker in question a plan of the works to be executed.
(2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the undertaker is entitled to watch and inspect the execution of those works.
(3) Any requirements made by an undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.
(4) If an undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the Secretary of State, reasonably requires the removal of any apparatus and gives written notice to the Secretary of State of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the Secretary of State under paragraph 7(2).
(5) Nothing in this paragraph precludes the Secretary of State from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
(6) The Secretary of State is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to the undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.
(7) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any oil apparatus, or (wherever situated) impose any load directly upon any oil apparatus or involve embankment works within 15 metres of any oil apparatus, the plan to be submitted to the undertaker under sub-paragraph (1) must be detailed including a material statement and describing—
(a) the exact position of the works;
(b) the level at which these are proposed to be constructed or renewed;
(c) the manner of their construction or renewal;
(d) the position of all oil apparatus; and
(e) by way of detailed drawings, every alteration proposed to be made to such apparatus.
(8) In relation to works which will or may be situated on, over, under or within 30 metres measured in any direction of any electricity apparatus, or involve embankment works within 30 metres of any electricity apparatus, the plan to be submitted to the undertaker under sub-paragraph (1) must be detailed including a material statement and describing—
(a) the exact position of the works;
(b) the level at which these are proposed to be constructed or renewed;
(c) the manner of their construction or renewal;
(d) the position of all electricity apparatus; and
(e) by way of detailed drawings, every alteration proposed to be made to such apparatus.
Expenses and costs
10 (1) Subject to the following provisions of this paragraph, the Secretary of State must repay to an undertaker all expenses reasonably incurred by that undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2), including any costs reasonably incurred in connection with the acquisition of rights under paragraph 7(3), and in watching and inspecting the execution of works under paragraph 9(2) and in making reasonable requirements under paragraph 9(3).
(2) There is to be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.
(3) If in accordance with the provisions of this Part of this Schedule—
(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,
and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the Secretary of State or, in default of agreement, is not determined by arbitration in accordance with article 36 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.
(4) For the purposes of sub-paragraph (3)—
(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.
(5) An amount which apart from this sub-paragraph would be payable to an undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.
11 (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of the authorised development or any such works referred to in paragraphs 5, 7(2), or 9(1), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of an undertaker, or there is any interruption in any service provided or of any access to any apparatus, or in the supply of any goods, by any undertaker, the Secretary of State must—
(a) bear and pay the cost reasonably incurred by that undertaker in making good such damage or restoring the supply; and
(b) make reasonable compensation to that undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,
by reason or in consequence of any such damage or interruption.
(2) The fact that any act or thing may have been done by an undertaker on behalf of the Secretary of State or in accordance with a plan approved by an undertaker or in accordance with any requirement of an undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the Secretary of State from liability under the provisions of sub-paragraph (1).
(3) Nothing in sub-paragraph (1) imposes any liability on the Secretary of State with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an undertaker, its officers, servants, contractors or agents.
(4) An undertaker must give the Secretary of State reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the Secretary of State who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
Cooperation
12 Where in consequence of the proposed construction of any of the authorised development, the Secretary of State or an undertaker requires the removal of apparatus under paragraph 7(2) or an undertaker makes requirements for the protection or alteration of apparatus under paragraph 9, the Secretary of State must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the undertaker’s undertaking and each undertaker must use its best endeavours to co-operate with the Secretary of State for that purpose.
13 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the Secretary of State and an undertaker in respect of any apparatus laid or erected in land belonging to the Secretary of State on the date on which this Order is made.
PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
14 For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the Secretary of State and the operator.
15 In this Part of this Schedule—
“the 2003 Act” means the Communications Act 2003;
...
“electronic communications apparatus” has the same meaning as in the electronic communications code;
“the electronic communications code” has the same meaning as in Chapter 1 of Part 2 of the 2003 Act;
“electronic communications code network” means—
so much of an electronic communications network or infrastructure system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 of the 2003 Act; and
an electronic communications network which the Secretary of State is providing or proposing to provide;
“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;
“infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7 of that code; and
“operator” means the operator of an electronic communications code network.
16 The exercise of the powers conferred by article 27 (statutory undertakers) is subject to Part 10 of Schedule 3A to the Communications Act 2003 (undertaker’s works).
17 (1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—
(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or
(b) there is any interruption in the supply of the service provided by an operator,
the Secretary of State must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.
(2) Nothing in sub-paragraph (1) imposes any liability on the Secretary of State with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.
(3) The operator must give the Secretary of State reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the Secretary of State who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.
(4) Any difference arising between the Secretary of State and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 36 (arbitration).
18 This Part of this Schedule does not apply to—
(a) any apparatus in respect of which the relations between the Secretary of State and an operator are regulated by the provisions of Part 3 of the 1991 Act; or
(b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.
19 Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the Secretary of State and an operator in respect of any apparatus laid or erected in land belonging to the Secretary of State on the date on which this Order is made.