The Network Rail (Ipswich Chord) Order 2012

• Citation: S.I. 2012/2284
• Sections: 100

Section 1 Citation and Commencement

This Order may be cited as the Network Rail (Ipswich Chord) Order 2012 and comes into force on 26th September 2012.

Section 2 Interpretation

(1) In this Order—

“the 1961 Act ” means the Land Compensation Act 1961 ;

“the 1965 Act ” means the Compulsory Purchase Act 1965 ;

“the 1980 Act ” means the Highways Act 1980 ;

“the 1990 Act ” means the Town and Country Planning Act 1990 ;

“the 1991 Act ” means the New Roads and Street Works Act 1991 ;

“the 2008 Act” means the Planning Act 2008;

“address” includes any number or address used for the purposes of electronic transmission;

“ancillary works” means any works authorised by this Order which are not development within the meaning of section 32 of the 2008 Act;

“authorised development” means the development and associated development described in Part 1 (authorised development) of Schedule 1 (authorised development and requirements) and any other development authorised by this Order, which is development within the meaning of section 32 of the 2008 Act;

“the authorised project” means the authorised development and the ancillary works authorised by this Order;

“the 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;

“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;

“compulsory acquisition notice” means a notice served in accordance with section 134 of the 2008 Act;

“the design drawings” means the drawings submitted under regulation 5(2)(o) of the Regulations and certified as the design drawings by the Secretary of State for the purposes of the Order;

“electronic transmission” means a communication transmitted—

by means of an electronic communications network; or

by other means but while in electronic form;

“the Environmental Statement” means the document certified as the environmental statement by the Secretary of State for the purposes of this Order;

“footpath” has the same meaning as in the 1980 Act;

“highway” and “highway authority” have the same meaning as in the 1980 Act;

“the land plans” means the plans submitted under regulation 5(2)(i) of the Regulations and certified as the land plans by the Secretary of State for the purposes of this Order;

“limits of deviation” means the limits of deviation referred to in article 7 (limits of deviation);

“maintain” includes to inspect, repair, adjust, alter, remove, reconstruct or replace and any derivative of “maintain” is to be construed accordingly;

“ Network Rail ” means Network Rail Infrastructure Limited (Company registration number 02904587) whose registered office is at Kings Place, 90 York Way, London, N1 9AG;

“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used and described in the book of reference, but does not include the land numbered 2 on the land plans;

“Order limits” means the limits of deviation and the limits of additional land to be used shown on the works plans, but does not include the land numbered 2 on the land plans;

“owner”, in relation to land, has the same meaning as in section 7 of the Acquisition of Land Act 1981 ;

“relevant planning authority” means the district planning authority for the area in which the land to which the provisions of this Order apply is situated;

“the Regulations” means the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009;

“the sections” unless otherwise stated in this Order means the sections and elevations shown on the design drawings and works plans certified as the design drawings and works plans by the Secretary of State for the purposes of this Order;

“statutory undertaker” means any statutory undertaker for the purposes of section 127(8), 128(5) or 129(2) of the 2008 Act;

“street” means a street within the meaning of section 48 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;

“ the tribunal ” means the Lands Chamber of the Upper Tribunal;

“ 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; and

“the works plans” unless otherwise stated in this Order means the plans submitted under regulation 5(2)(j) of the Regulations and certified as the works plans by the Secretary of State for the purposes of this Order.

(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.

(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised project are taken to be measured along that work.

(4) References in this Order to points identified by letters, with or without numbers, are construed as references to points so lettered on the works plans.

(5) References in this Order to numbered works are references to the works as numbered in Part 1 of Schedule 1.

Section 3 Incorporation of the Railways Clauses Acts

(1) The following provisions of the Railways Clauses Consolidation Act 1845 are incorporated in this Order—

section 46 (crossing of roads—level crossings), subject to paragraph (4);

section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;

section 61 (company to make sufficient approaches and fences to highways crossing on the level);

section 68 (accommodation works by company);

section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;

sections 72 and 73 (supplementary provisions relating to accommodation works);

section 77 (presumption that minerals excepted from acquisition of land);

sections 78 to 83, 85 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ; and

section 105 (carriage of dangerous goods on railway), except for the words from “and if any person” to “for every such offence”.

(2) The following provisions of the Railways Clauses Act 1863 are incorporated in this Order—

sections 5 and 7 (level crossings); and

section 12 (signals, watchmen etc. ).

(3) In those provisions, as incorporated in this Order—

“the company” means Network Rail;

“goods” includes any thing conveyed on the railway authorised to be constructed by this Order;

“lease” includes an agreement for a lease;

“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;

“the railway” means any railway authorised to be constructed by this Order and any other authorised development; and

“the special Act ” means this Order.

(4) In section 46 of the Railways Clauses Consolidation Act 1845, as incorporated in this Order, for the proviso there is substituted “provided always that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level.”.

Section 4 Disapplication of legislative provisions

The following provisions do not apply in relation to the construction of works carried out for the purpose of, or in connection with, the construction or maintenance of the authorised project—

(a) section 109 (structures in, over or under a main river) of the Water Resources Act 1991 ;

(b) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991, which require consent or approval for the carrying out of the works;

(c) section 23 (prohibition on obstructions etc. in watercourses ) of the Land Drainage Act 1991 .

Section 5 Development consent etc. granted by the Order

(1) Subject to the provisions of this Order and to the requirements in Part 2 (requirements) of Schedule 1 (authorised development and requirements) Network Rail is granted—

(a) development consent for the authorised development; and

(b) consent for the ancillary works,

to be carried out within the Order limits.

(2) Subject to article 7 (limits of deviation) the authorised development comprising the works numbered in Part 1 of Schedule 1 may only be constructed in the lines and situations shown on the works plans and the levels shown on the sections.

Section 6 Maintenance of authorised project

Network Rail may at any time maintain the authorised project, except to the extent that this Order or an agreement made under this Order, provides otherwise.

Section 7 Limits of deviation

(1) Subject to paragraph (2), in carrying out the authorised development comprising the works numbered in Part 1 (authorised development) of Schedule 1 (authorised development and requirements) Network Rail may—

(a) deviate laterally from the lines or situations of the authorised development shown on the works plans and design drawings to the extent of the limits of deviation shown on the works plans; and

(b) deviate vertically from the levels of the authorised development shown on the sections within the works plans and design drawings—

(i) to any extent not exceeding 1 metre upwards; or

(ii) to any extent downwards as may be found to be necessary or convenient.

(2) No deviation is authorised under paragraph (1) which would—

(a) in any way diminish the headroom or clearance beneath any proposed bridge structure or above any stairway; or

(b) in any way diminish the breadth of any walkway, staircase, flight of steps, carriageway, tunnel, footpath or cycleway,

by more than 200 millimetres from its dimension as shown on the design drawings.

Section 8 Benefit of Order

(1) The provisions of this Order conferring powers on Network Rail have effect solely for the benefit of Network Rail.

(2) Paragraph (1) is—

(a) subject to paragraph (5) of article 18 (compulsory acquisition of rights); and

(b) does not apply to the benefit of the consent granted by this Order for works for the benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised project.

Section 9 Street works

(1) Network Rail may, for the purposes of the authorised project, enter on any of the streets specified in Schedule 2 (streets subject to street works) within the Order limits to the extent necessary and may—

(a) break up or open the street, or any sewer, drain or tunnel under it;

(b) place temporary apparatus in the street and permanent apparatus under the street;

(c) maintain temporary apparatus in the street and permanent apparatus under the street and, in either case, change its position;

(d) execute any works required for or incidental to any works referred to in sub-paragraphs (a), (b) and (c).

(2) In this article “apparatus” has the same meaning as in Part 3 of the 1991 Act and “in” as referring to apparatus in the street, means under, over, across, along or upon the street.

Section 10 Application of the 1991 Act

(1) The provisions of the 1991 Act mentioned in paragraph (2) which, together with other provisions of that Act, apply in relation to the carrying out of street works and any regulations made or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to the temporary stopping up, temporary alteration or temporary diversion of a street by Network Rail under the powers conferred by article 11 (temporary stopping up of streets) and the carrying out of works under article 9 (street works) whether or not the stopping up, alteration or diversion, or the carrying out of such works, constitutes street works within the meaning of that Act.

(2) The provisions of the 1991 Act referred to in paragraph (1) are—

section 54 (advance notice of certain works), subject to paragraph (3);

section 55 (notice of starting date of works), subject to paragraph (3);

section 57 (notice of emergency works);

section 59 (general duty of street authority to co-ordinate works);

section 60 (general duty of undertakers to co-operate);

section 68 (facilities to be afforded to street authority);

section 69 (works likely to affect other apparatus in the street);

section 76 (liability for cost of temporary traffic regulation);

section 77 (liability for cost of use of alternative route); and

all such provisions as apply for the purposes of the provisions mentioned above.

(3) Sections 54 and 55 of the 1991 Act as applied by paragraph (1) have effect as if references in section 57 of that Act to emergency included a reference to a stopping up, alteration or diversion (as the case may be) required in a case of emergency.

Section 11 Temporary stopping up of streets

(1) Network Rail, during and for the purposes of carrying out the authorised project, may temporarily stop up, alter or divert any street and may for any reasonable time—

(a) divert the traffic from the street; and

(b) subject to paragraph (3), prevent all persons from passing along the street.

(2) Without limitation on the scope of paragraph (1), Network Rail may use any street stopped up under the powers conferred by this article within the Order limits as a temporary working site.

(3) Network Rail must provide reasonable access for pedestrians going to or from premises abutting a street affected by the temporary stopping up, alteration or diversion of a street under this article if there would otherwise be no such access.

(4) Without limitation on the scope of paragraph (1), Network Rail may temporarily stop up, alter or divert the streets specified in columns (1) and (2) of Schedule 3 (streets to be temporarily stopped up) to the extent specified, by reference to the letters shown on the works plans, in column (3) of that Schedule.

(5) Network Rail must not temporarily stop up, alter or divert—

(a) any street specified as mentioned in paragraph (4) without first consulting the street authority; and

(b) any other street without the consent of the street authority which may attach reasonable conditions to any consent, but such consent must not be unreasonably withheld.

(6) During any period that the footpath and cycleway on the west bank of the River Gipping is stopped up between points E and F Network Rail must provide and maintain an alternative means of access between those points on land within the Order limits.

(7) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.

(8) If within 28 days of receiving an application for consent under paragraph (5)(b) a street authority fails to notify Network Rail of its decision or refuses consent without giving any grounds for its refusal that street authority is deemed to have granted consent.

Section 12 Traffic signs

(1) Network Rail may, for the purposes of, or in connection with, the control of construction traffic entering the site of the authorised development, and after consultation with the traffic authority, place or maintain traffic signs of a type prescribed by regulations made under section 64(1)(a) (general provisions as to traffic signs) of the Road Traffic Regulation Act 1984 (“the 1984 Act ”) or of a character authorised by the Secretary of State at or adjoining the junction between Hadleigh Road and the access road leading to that site.

(2) Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs includes a power to give directions to Network Rail as to traffic signs under this article; and, accordingly, the powers conferred by paragraph (1) are exercisable subject to and in conformity with any directions given under that section.

(3) Expressions used in this article and in the 1984 Act have the same meaning in this article as in the Act.

Section 13 Discharge of water

(1) Network Rail may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance of the authorised project and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by Network Rail under paragraph (1) is to be determined as if it were a dispute under section 106 of the Water Industry Act 1991 (right to communicate with public sewers).

(3) Network Rail must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4) Network Rail must not make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) Network Rail must not, in carrying out or maintaining works further to this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

(6) Network Rail must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(7) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2010 .

(8) If a person who receives an application for consent or approval fails to notify Network Rail of a decision within 28 days of receiving an application for consent under paragraph (3) or approval under paragraph (4)(a) that person is deemed to have granted consent or given approval, as the case may be.

(9) In this article—

(a) “public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, or a local authority; and

(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.

Section 14 Protective work to buildings

(1) Subject to the following provisions of this article, Network Rail may at its own expense carry out such protective works to any building lying within the area shown numbered 29 on the land plans as Network Rail considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the carrying out in the vicinity of the building of any part of the authorised project; or

(b) after the completion of that part of the authorised project in the vicinity of the building at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised project is first opened for use.

(3) For the purpose of determining how the functions under this article are to be exercised Network Rail may (subject to paragraph (5)) enter and survey any building falling within paragraph (1) and any land within its curtilage.

(4) For the purpose of carrying out protective works under this article to a building Network Rail may (subject to paragraphs (5) and (6))—

(a) enter the building and any land within its curtilage; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it).

(5) Before exercising—

(a) a right under paragraph (1) to carry out protective works to a building;

(b) a right under paragraph (3) to enter a building and land within its curtilage;

(c) a right under paragraph (4)(a) to enter a building and land within its curtilage; or

(d) a right under paragraph (4)(b) to enter land,

Network Rail must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 34 (arbitration).

(7) Network Rail must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) Where—

(a) protective works are carried out under this article to a building; and

(b) within the period of 5 years beginning with the day on which the part of the authorised project carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised project,

Network Rail must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Nothing in this article relieves Network Rail from any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance).

(10) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(11) In this article “protective works” in relation to a building means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the carrying out, maintenance or use of the authorised project; and

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the carrying out, maintenance or use of the authorised project.

Section 15 Authority to survey and investigate the land

(1) Network Rail may for the purposes of this Order enter on any land shown within the Order limits and—

(a) survey or investigate the land;

(b) without limitation on the scope of sub-paragraph (a), make trial holes in such positions on the land as Network Rail thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(c) without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(3) Any person entering land under this article on behalf of Network Rail—

(a) must, if so required, produce written evidence of their authority to do so; and

(b) may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4) No trial holes are to be made under this article—

(a) in land located within the highway boundary without the consent of the highway authority; or

(b) in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld.

(5) Network Rail must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act (determination of questions of disputed compensation).

(6) If either a highway authority or a street authority which receives an application for consent fails to notify Network Rail of its decision within 28 days of receiving the application for consent—

(a) under paragraph (4)(a) in the case of a highway authority; or

(b) under paragraph (4)(b) in the case of a street authority;

that authority is deemed to have granted consent.

Section 16 Compulsory acquisition of land

(1) Network Rail may acquire compulsorily so much of the Order land as is required for the authorised project or to facilitate, or is incidental to, it.

(2) This article is subject to paragraph (2) of article 18 (compulsory acquisition of rights) and paragraph (8) of article 23 (temporary use of land for carrying out the authorised project) and does not apply to the land numbered 3, 12, 13, 19a, 29 and 48 on the land plans (land required for highway work sites, protective works and erection of traffic signs).

Section 17 Time limit for exercise of authority to acquire land compulsorily

(1) After the end of the period of 5 years beginning on the day on which the Order is made—

(a) no notice to treat is to be served under Part 1 of the 1965 Act; and

(b) no declaration is to be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 20 (application of the Compulsory Purchase (Vesting Declarations) Act 1981).

(2) The authority conferred by article 23 (temporary use of land for carrying out the authorised project) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents Network Rail remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Section 18 Compulsory acquisition of rights

(1) Subject to paragraph (2), Network Rail may acquire compulsorily such rights over the Order land as may be required for any purpose for which that land may be acquired under article 16 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.

(2) In the case of the Order land specified in column (1) of Schedule 4 (land in which only new rights etc. may be acquired) Network Rail’s powers of compulsory acquisition are limited to the acquisition of such new rights as may be required for the purpose specified in relation to that land in column (2) of that Schedule.

(3) Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 5 (modification of compensation and compulsory purchase enactments for creation of new rights)) where Network Rail acquires a right over land under paragraph (1) or (2) Network Rail is not required to acquire a greater interest in that land.

(4) Schedule 5 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.

(5) In any case where the acquisition of new rights under paragraph (1) is required for the purpose of diverting, replacing or protecting apparatus of a statutory undertaker Network Rail may, with the consent of the Secretary of State, transfer the power to acquire such rights to the statutory undertaker in question.

(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by Network Rail.

Section 19 Private rights

(1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished —

(a) as from the date of acquisition of the land by Network Rail, whether compulsorily or by agreement; or

(b) on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act (power of entry),

whichever is the earliest.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights under the Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right—

(a) as from the date of the acquisition of the right by Network Rail, whether compulsorily or by agreement; or

(b) on the date of entry on the land by Network Rail under section 11(1) of the 1965 Act in pursuance of the right,

whichever is the earliest.

(3) Subject to the provisions of this article, all private rights over land owned by Network Rail which, being within the limits of land which may be acquired or used shown on the land plans, are required for the purposes of this Order are extinguished on the appropriation of the land by Network Rail for any of those purposes.

(4) Subject to the provisions of this article, all private rights over land of which Network Rail takes temporary possession under this Order are suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.

(5) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) to be determined, in case of dispute, under Part 1 of the 1961 Act.

(6) This article does not apply in relation to any right to which section 138 of the 2008 Act (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) or article 24 (statutory undertakers) applies.

(7) Paragraphs (1) to (3) have effect subject to—

(a) any notice given by Network Rail before—

(i) the completion of the acquisition of the land or the acquisition of rights over the land;

(ii) Network Rail’s appropriation of it;

(iii) Network Rail’s entry onto it; or

(iv) Network Rail’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b) any agreement made at any time between Network Rail and the person in or to whom the right in question is vested or belongs.

(8) If any such agreement as is referred to in paragraph (7)(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(9) Reference in this article to private rights over land includes reference to any trusts or incidents to which the land is subject.

Section 20 Application of the Compulsory Purchase (Vesting Declarations) Act 1981

(1) The Compulsory Purchase (Vesting Declarations) Act 1981 applies as if this Order were a compulsory purchase order.

(2) The Compulsory Purchase (Vesting Declarations) Act 1981, as applied by paragraph (1), has effect with the following modifications.

(3) In section 3 (preliminary notices) for subsection (1) there is substituted—

(1) Before making a declaration under section 4 with respect to any land which is subject to a compulsory purchase order the acquiring authority must include the particulars specified in subsection (3) in a notice which is—

(a) given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and

(b) published in a local newspaper circulating in the area in which the land is situated.

(4) In that section, in subsection (2), for “(1)(b)” there is substituted “(1)” and after “given” there is inserted “and published”.

(5) In that section, for subsections (5) and (6) there is substituted—

(5) For the purposes of this section, a person has a relevant interest in land if—

(a) that person is for the time being entitled to dispose of the fee simple of the land, whether in possession or in reversion; or

(b) that person holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.

(6) In section 5 (earliest date for execution of declaration)—

(a) in subsection (1), after “publication” there is inserted “in a local newspaper circulating in the area in which the land is situated”; and

(b) subsection (2) is omitted.

(7) In section 7 (constructive notice to treat), in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” are omitted.

(8) References to the 1965 Act in the Compulsory Purchase (Vesting Declarations) Act 1981 are construed as references to that Act as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions) to the compulsory acquisition of land under this Order.

Section 21 Acquisition of subsoil or airspace only

(1) Network Rail may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in article 16(1) (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where Network Rail acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph (1), Network Rail is not required to acquire an interest in any other part of the land.

(3) Paragraph (2) does not prevent article 22 (acquisition of part of certain properties) from applying where Network Rail acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

Section 22 Acquisition of part of certain properties

(1) This article applies instead of section 8(1) of the 1965 Act (other provisions as to divided land) (as applied by section 125 of the 2008 Act (application of compulsory acquisition provisions)) where—

(a) a notice to treat is served on a person (“the owner”) under the 1965 Act (as applied) in respect of land forming only part of a house, building or manufactory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and

(b) a copy of this article is served on the owner with the notice to treat.

(2) In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on Network Rail a counter-notice objecting to the sale of the land subject to the notice to treat which states that the owner is willing and able to sell the whole (“the land subject to the counter-notice”).

(3) If no such counter-notice is served within that period, the owner must sell the land subject to the notice to treat.

(4) If such a counter-notice is served within that period, the question whether the owner must sell only the land subject to the notice to treat is, unless Network Rail agrees to take the land subject to the counter-notice, to be referred to the tribunal.

(5) If on such a reference the tribunal determines that the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the owner must sell the land subject to the notice to treat.

(6) If on such a reference the tribunal determines that only part of the land subject to the notice to treat can be taken—

(a) without material detriment to the remainder of the land subject to the counter-notice; or

(b) where the land subject to the notice to treat consists of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,

the notice to treat is deemed to be a notice to treat for that part.

(7) If on such a reference the tribunal determines that—

(a) the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but

(b) the material detriment is confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which Network Rail is authorised to acquire compulsorily under this Order.

(8) If Network Rail agrees to take the land subject to the counter-notice, or if the tribunal determines that—

(a) none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and

(b) the material detriment is not confined to a part of the land subject to the counter-notice,

the notice to treat is deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which Network Rail is authorised to acquire compulsorily under this Order.

(9) Where by reason of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, Network Rail may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, in that event, must pay the owner compensation for any loss or expense occasioned to the owner by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.

(10) Where the owner is required under this article to sell only part of a house, building or manufactory or of land consisting of a house with a park or garden, Network Rail must pay the owner compensation for any loss sustained by the owner due to the severance of that part in addition to the value of the interest acquired.

Section 23 Temporary use of land for carrying out the authorised project

(1) Network Rail may, in connection with the carrying out of the authorised project—

(a) enter on and take temporary possession of—

(i) the land specified in columns (1) and (2) of Schedule 6 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised project specified in column (4) of that Schedule;

(ii) subject to paragraph (11), any other Order land in respect of which no notice of entry has been served under section 11 of the 1965 Act (powers of entry) (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 (execution of declaration);

(b) remove any buildings and vegetation from that land;

(c) construct temporary works (including the provision of means of access) and buildings on that land; and

(d) construct any works specified in relation to that land in column (3) of Schedule 6, or any other mitigation works.

(2) Not less than 28 days before entering on and taking temporary possession of land under this article Network Rail must serve notice of the intended entry on the owners and occupiers of the land.

(3) Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of land specified in paragraph (1)(a)(i) after the end of the period of one year beginning with the date of completion of the part of the authorised project specified in relation to that land in column (4) of Schedule 6; or

(b) in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of this land was taken unless Network Rail has, before the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the Compulsory Purchase (Vesting Declaration) Act 1981.

(4) Before giving up possession of land of which temporary possession has been taken under this article, Network Rail must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but Network Rail is not required to—

(a) replace a building removed under this article;

(b) restore the land on which any permanent works have been constructed under paragraph (1)(d); or

(c) remove any ground strengthening works which have been placed in that land to facilitate construction of the authorised development.

(5) Network Rail must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, is to be determined under Part 1 of the 1961 Act.

(7) Nothing in this article affects any liability to pay compensation under section 152 of the 2008 Act (compensation in case where no right to claim in nuisance) or under any other enactment in respect of loss or damage arising from the carrying out of the authorised project, other than loss or damage for which compensation is payable under paragraph (5).

(8) Network Rail may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that Network Rail is not precluded from—

(a) acquiring new rights over any part of that land under article 18 (compulsory acquisition of rights); or

(b) acquiring any part of the subsoil of or airspace over (or rights in the subsoil of or airspace over) that land under article 21 (acquisition of subsoil or airspace only).

(9) Where Network Rail takes possession of land under this article, Network Rail is not required to acquire the land or any interest in it.

(10) Section 13 of the 1965 Act (refusal to give possession to acquiring authority) applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 of the 2008 Act (application of compulsory acquisition provisions).

(11) Paragraph (1)(a)(ii) does not authorise Network Rail to take temporary possession of any land which it is not authorised to acquire under article 16 (compulsory acquisition of land) or any land specified in Schedule 4 (land in which only new rights etc. may be acquired).

Section 24 Statutory undertakers

Subject to the provisions of Schedule 7 (protective provisions), Network Rail may—

(a) acquire compulsorily, or acquire new rights over, the land belonging to statutory undertakers shown on the land plans within the limits of the land to be acquired or used and described in the book of reference;

(b) extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers over or within the Order land.

Section 25 Recovery of costs of new connections

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 24 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from Network Rail compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 24, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from Network Rail compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) In this paragraph—

“public communications provider” has the same meaning as in section 151(1) of the Communications Act 2003 ; and

“public utility undertaker” has the same meaning as in the 1980 Act.

Section 26 Operation and use of railway

(1) Network Rail may operate and use the railway and any other elements of the authorised project as a system, or part of a system, of transport for the carriage of passengers and goods.

(2) Nothing in this Order, or in any enactment incorporated with or applied by this Order, affects the operation of Part 1 of the Railways Act 1993 (the provision of railway services).

Section 27 Felling or lopping of trees

(1) Network Rail may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised project or any apparatus used in connection with the authorised project; or

(b) from constituting a danger to passengers or other persons using the authorised project.

(2) In carrying out any activity authorised by paragraph (1), Network Rail must not cause unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 of the 1961 Act.

Section 28 Operational land for purposes of the 1990 Act

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) of the 1990 Act (cases in which land is to be treated as operational land for the purposes of that Act).

Section 29 Defence to proceedings in respect of statutory nuisance

(1) Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order is to be made, and no fine may be imposed, under section 82(2) of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by Network Rail for the purposes of or in connection with the construction or maintenance of the authorised project and that the nuisance is attributable to the carrying out of the authorised project in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) or section 65 (noise exceeding registered level), of the Control of Pollution Act 1974 ; or

(ii) is a consequence of the construction or maintenance of the authorised project and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance—

(i) relates to premises used by Network Rail for the purposes of or in connection with the use of the authorised project and that the nuisance is attributable to the use of the authorised project which is being used in accordance with a scheme of mitigation of noise approved by the relevant planning authority as described in requirement 10 (noise mitigation Railway Cottages) in Part 2 (requirements) of Schedule 1 (authorised development and requirements); or

(ii) is a consequence of the use of the authorised project and that it cannot reasonably be avoided.

(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 and section 65(8) of that Act (corresponding provision in relation to consent for registered noise level to be exceeded), does not apply where the consent relates to the use of premises by Network Rail for the purposes of or in connection with the construction or maintenance of the authorised project.

Section 30 Protections of interests

Schedule 7 (protective provisions) has effect.

Section 31 Application of the Land Compensation Act 1973

(1) Any regulations made by the Secretary of State under section 20 (sound proofing of buildings affected by public works) and 20A (power to make payments in respect of caravans and other structures affected by noise of public works) of the Land Compensation Act 1973 which apply to a railway provided or used in the exercise of statutory powers apply to the railway comprised in the authorised project as if that railway was provided or used in the exercise of statutory powers.

(2) Section 28 (power to pay expenses) of the Land Compensation Act 1973 has effect as if any works comprised in the authorised project were public works for the purposes of that section.

Section 32 Certification of plans etc.

(1) Network Rail must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of—

(a) the book of reference as submitted in the application for this Order;

(b) the land plans as submitted in the application for this Order—

Sheet 1 May 2011;

Sheet 2 May 2011;

Sheet 3 May 2011; and

Sheet 4 May 2011;

(c) the works plans—

B1469500-IPS/IP.GAD/0003 Rev A02 dated 29 November 2011 and submitted to the Examining authority in connection with the examination of the application for this Order;

B1469500-IPS/IP.GAD/0004 Rev A02 dated 29 November 2011 and submitted to the Examining authority in connection with the examination of the application for this Order;

B1469500-IPS/IP.GAD/0005 Rev A01 as submitted in the application for this Order;

B1469500-IPS/IP.GAD/0006 Rev A01 as submitted in the application for this Order;

B1469500-IPS/IP.GAD/0007 Rev A01 as submitted in the application for this Order;

B1469500-IPS/IP.GAD/0008 Rev A01 as submitted in the application for this Order; and

B1469500-IPS/IP.GAD/0009 Rev A01 as submitted in the application for this Order;

(d) the design drawings as submitted in the application for this Order—

B1469500-IPS/IP.GAD/0101 Rev A02;

B1469500-IPS/IP.GAD/0010 Rev A02;

B1469500-IPS/IP.GAD/0011 Rev A02;

B1469500-IPS/IP.GAD/0022 Rev A02;

B1469500-IPS/IP.GAD/0030 Rev A02;

B1469500-IPS/IP.GAD/0040 Rev A02;

B1469500-IPS/IP.GAD/0042 Rev A02;

B1469500-IPS/IP.GAD/0043 Rev A02;

B1469500-IPS/IP.GAD/0050 Rev A02;

B1469500-IPS/IP.GAD/0060 Rev A02;

B1469500-IPS/IP.GAD/0061 Rev A02;

B1469500-IPS/IP.GAD/0070 Rev A02;

B1469500-IPS/IP.GAD/0071 Rev A02;

B1469500-IPS/IP.GAD/0072 Rev A02;

B1469500-IPS/IP.GAD/0074 Rev A02; and

(e) the environmental statement as submitted in the application for this Order,

for certification that they are true copies of the plans, drawings and documents referred to in this Order.

(2) A plan, drawing or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Section 33 Service of notices

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(c) with the consent of the recipient and subject to paragraphs (6) to (8) by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(c) the notice or document is legible in all material respects; and

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Section 34 Arbitration

Any difference under any provision of this Order, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

Section 35 Procedure in relation to approvals etc. under requirements

Where an application is made for any consent, agreement or approval required by a requirement under Part 2 (requirements) of Schedule 1 (authorised development and requirements), the following provisions apply, so far as they relate to a consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission, as if the requirement was a condition imposed on the grant of planning permission—

(a) sections 78 and 79 of the 1990 Act (right of appeal in relation to planning decisions); and

(b) any orders, rules or regulations which make provision in relation to appeals under section 78 of the 1990 Act.

Section 1 Interpretation

In this Part of this Schedule—

“the CR-E ” means Network Rail’s Contract Requirements-Environment Issue 5, April 2004 as set out in chapter 15, Volume 3 of the Environmental Statement; and

“stage” means a defined section or part of the authorised development the extent of which is shown in a scheme submitted to and approved by the relevant planning authority pursuant to requirement 2 (stages of authorised development).

Section 2 Stages of authorised development

No authorised development is to commence until a written scheme setting out all the stages of the authorised development has, after consultation with the highway authority, been submitted to and approved by the relevant planning authority.

Section 3 In accordance with approved details

The authorised development must be carried out in accordance with the design drawings certified under article 32 (certification of plans etc.) unless otherwise approved by the relevant planning authority.

Section 4 Landscaping

No stage of the authorised development is to commence until a written landscaping scheme for that stage has been submitted to and approved by the relevant planning authority. The submitted scheme must reflect the mitigation measures set out in Chapter 8, Technical Report 8, Townscape and Visual Effect Assessment in Volume 3 of the Environmental Statement, with particular reference to paragraphs 1.6.9 to 1.6.18 of the Chapter. The landscaping scheme must include details of—

(a) location, number, species, size and planting density of any proposed planting;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(c) implementation timetables for all landscaping work;

(d) temporary fencing to protect trees adjacent to the work

(e) measures relating to the removal of rabbit protection provided for trees and shrubs and to the checking, adjusting and repairing of all stakes, ties, shelters and fencing used in accordance with the scheme; and

(f) proposals to take account of the presence of trees with trunks of a diameter of 100 millimetres or more and to minimise the loss of such trees.

Section 5 Implementation and maintenance of landscaping

(1) All landscaping work must be carried out in accordance with the scheme and implementation timetable approved under requirement 4 (landscaping).

(2) Any tree or shrub planted as part of an approved landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted, unless otherwise approved by the relevant planning authority.

Section 6 Highway access

(1) No bulk fill material required for the construction of the railway embankment on the south-east side of the River Gipping (chainage 12250 to 12550), forming part of Work No. 1, which requires access from Hadleigh Road is to be brought to site until the PCCL access improvements have been constructed (whether or not by Network Rail) to the satisfaction of the relevant planning authority and to Network Rail’s reasonable satisfaction to such standard (which may be less than final completion) as is sufficient to comply with the planning permission for so long as the road is being used (whether or not by Network Rail) for construction purposes.

(2) In this requirement, “the PCCL access improvements” means the new estate road and junction with Hadleigh Road inclusive of bridge containment works in accordance with the planning permission; and “the planning permission” means the grant of planning permission by Ipswich Borough Council no. IP/11/00120/FUL dated 13th April 2011.

Section 7 Archaeology

(1) No stage of the authorised development is to commence until for that stage a written scheme for the investigation of areas of archaeological interest identified at paragraph 12.8.1 of the Environmental Statement has been submitted to and approved by the relevant planning authority.

(2) The scheme is to identify areas where fieldwork and a watching brief are required and the measures to be taken to protect, record or preserve any significant archaeological remains that may be found.

(3) Any archaeological works or watching brief carried out under the approved scheme must be by a suitably qualified person or body approved by the relevant planning authority.

(4) Any archaeological works or watching brief must be carried out in accordance with the approved scheme.

Section 8 Contract Requirements-Environment

(1) The authorised development must be carried out in accordance with the CR-E or as otherwise amended with the agreement of the relevant planning authority. The mitigation measures set out in the Environmental Statement must be reflected in preparing any plan required by the CR-E.

(2) The Mandatory Requirements set out in section 5 of the CR-E in respect of—

(a) 5.10 External Communications programme;

(b) 5.13 Pollution Incident Control Plan (which must include prior consideration of the potential sources of pollution and how they might be prevented, paying particular attention to the potential pollution impacts of the works on the River Gipping and sub-surface controlled waters and how they might be prevented); and

(c) 5.17 Waste Management Plan (which must be prepared in accordance with the Site Waste Management Plans Regulations 2008 ),

must be submitted to and approved by the relevant planning authority.

(3) The Pollution Incident Control Plan required under section 5.13 of the CR-E must include the minimum measures set out in section 7 of the Statement of Common Ground between Network Rail, the Environment Agency and Natural England dated 9th January 2012 on the minimum measures required for a pollution incident control plan and submitted to the Examining authority in connection with examination of the application for this Order

(4) The following matters set out in Section 6, ‘Particular Environmental Requirements’ of the CR-E are mandatory—

(a) 6.2 Environmental Design Management Plan;

(b) 6.3 Traffic Management Plan;

(c) 6.4 Noise & Vibration Management Plan;

(d) 6.6 Dust;

(e) 6.7 Air Pollution; and

(f) 6.15 Lighting.

(5) The dust, air pollution and lighting mitigation measures required by the CR-E must be incorporated into a Nuisance Management Plan. The Nuisance Management Plan and other plans required under section 6 of the CR-E must be submitted to and approved by the relevant planning authority.

(6) No stage of the authorised development is to be commenced until such of the plans or programmes required under sections 5.10, 5.13, 5.17, 6.2, 6.3, 6.4 of the CR-E and the Nuisance Management Plan, as relate to that stage of the development have been approved by the relevant planning authority and those plans or programmes must be implemented as approved.

Section 9 Restriction on access

The Traffic Management Plan to be prepared in accordance with requirement 8 (Contract Requirements-Environment), as part of the CR-E, must include a prohibition on access for the construction of the authorised development by HGVs from Hadleigh Road between the hours of 08.00 and 09.00 Monday to Friday.

Section 10 Noise mitigation Railway Cottages

Measures to mitigate the impact of idling engine noise from westbound freight trains held at signals as identified in the Environmental Statement at paragraph 1.6.10 of Volume 3 Report 6, ‘Noise and Vibration Technical Report’ on Railway Cottages, Sproughton Road, to the standard provided under the Noise Insulation (Railways and other Guided Transport Systems) Regulations 1996 ,must be submitted to the relevant planning authority for approval. The approved scheme must be completed prior to the opening of the authorised development to rail traffic.

Section 11 Contaminated land

(1) Proposals for the additional investigation of potential hotspots, implementation of mitigation measures and monitoring requirements identified in the Environmental Statement Volume 3 Specialist Technical Report 11 at paragraph 1.8 concerning existing land (and groundwater) quality, prevention of future contamination and materials management within the authorised development must be incorporated into the Environmental Design Management Plan required under the CR-E in accordance with requirement 8 (Construction Requirements-Environment).

(2) In the event that previously unidentified contamination (to land or groundwater) is encountered whilst carrying out the authorised development, it must be reported in writing immediately to the relevant planning authority and a risk assessment of the contamination completed in accordance with the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

(3) Should localised remediation be required as a result of either identified or previously unidentified land or groundwater contamination, an Implementation Plan must be submitted to and approved by the relevant planning authority, including a detailed description of the nature and method of implementation of the selected remedial options, and justification for the selection of those remedial options, in accordance with the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’. Remediation must be carried out in accordance with the approved Implementation Plan.

(4) On completion of the authorised development, the findings of any additional risk assessments and the details of any remedial works completed whilst carrying out the authorised development must be submitted to and approved by the relevant planning authority within a Verification Report in accordance with the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

Section 12 Ecological Management Plan

(1) No stage of the authorised development is to commence until for that stage a written ecological management plan reflecting the survey results and ecological mitigation and enhancement measures included in the Environmental Statement, in particular to accord with Table 1-J, ‘Proposed Mitigation During Construction’ in volume 3, Report 9 (Ecology Technical Report) of the Environmental Statement has been submitted to and approved by the relevant planning authority.

(2) The ecological management plan must include an implementation timetable and must be carried out as approved.

Section 13 Pedestrian/cycle access to River Gipping

(1) If it is required as a condition of any planning permission for the development of the Harris Factory site that a foot and cycle path is provided linking Hadleigh Road and the River Gipping, Network Rail must, following the implementation of such development, provide access under the embankment comprised in Work No. 1 for pedestrians and cyclists via the maintenance access road comprised in Work No. 4 and must dedicate such access as a public right of way.

(2) The provision and dedication of such access is subject to such temporary closure as may be required from time to time in connection with the maintenance of the authorised development.

Section 14 Finishes of bridges and graffiti

Details of the brickwork, sample of bricks and details of anti-graffiti coatings in respect of the new railway bridge over Sproughton Road, the new railway bridge over the River Gipping and the reconstruction of bridge 404 over the River Gipping forming part of Work No. 1, must be submitted to the relevant planning authority for approval. The construction of the three bridges must be carried out in accordance with the approved details.

Section 15 Alteration, reconstruction or replacement of buildings

No alteration, reconstruction or replacement of a building or bridge is to be carried out under article 6 (maintenance of authorised project) except in accordance with plans and specifications approved by the relevant planning authority.