PART 1PRELIMINARY

Interpretation

article 2 + 2.—(1) In this Order—

term the 1961 act + “the 1961 Act” means the Land Compensation Act 1961(1);

term the 1965 act + “the 1965 Act” means the Compulsory Purchase Act 1965(2);

term the 1980 act + “the 1980 Act” means the Highways Act 1980(3);

term the 1981 act + “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(4);

term the 1984 act + “the 1984 Act” means the Road Traffic Regulation Act 1984(5);

term the 1989 act + “the 1989 Act” means the Electricity Act 1989(6);

term the 1990 act + “the 1990 Act” means the Town and Country Planning Act 1990(7);

term the 1991 act + “the 1991 Act” means the New Roads and Street Works Act 1991(8);

term the 2008 act + “the 2008 Act” means the Planning Act 2008(9);

term access and traffic regulation order plans + “access and traffic regulation order plans” means the plans of that description referred to in Schedule 18 (certification of plans and documents) and certified as the access and traffic regulation order plans by the Secretary of State for the purposes of this Order;

term anglian water services limited + “Anglian Water Services Limited” means Anglian Water Services Limited (company registration number 02366656) as the statutory sewerage undertaker licensed under the Water Industry Act 1991(10) and statutory successors or any successor under a special administration order or otherwise;

term appeal documentation + “appeal documentation” means a copy of the application submitted to the discharging authority and any supporting documentation which the undertaker may wish to provide;

term appeal parties + “appeal parties” means the discharging authority, the undertaker, and (where relevant) a requirement consultee;

term authorised development + “authorised development” means the development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act and any works carried out under the requirements;

term book of reference + “book of reference” means the document of that description referred to in Schedule 18 and certified by the Secretary of State as the book of reference for the purposes of this Order;

term building + “building” includes any building, structure or erection or any part of a building, structure or erection;

term business day + “business day” means a day other than a Saturday or Sunday or public holiday in England;

term carriageway + “carriageway” has the same meaning as in the 1980 Act;

term chief officer of police + “chief officer of police” means the chief constable of Cambridgeshire Police Force or any successor in function;

term chp + “CHP” means combined heat and power;

term commencement + term commence + “commence” means to carry out a material operation (as defined in section 155 (when development begins) of the 2008 Act) as part of the authorised development and “commencement” shall be construed accordingly;

term completion of construction + “completion of construction” means completion of the construction of the authorised development so that the same is complete and has been commissioned pursuant to the relevant construction contract or contracts;

term compulsory acquisition notice + “compulsory acquisition notice” means a notice served in accordance with section 134(11) (notice of authorisation of compulsory acquisition) of the 2008 Act;

term cwrp relocation limited + “CWRP Relocation Limited” means CWRP Relocation Limited (company registration number 12219644);

term cycle track + “cycle track” has the same meaning as in section 329(1)(12) (further provision as to interpretation) of the 1980 Act;

term discharging authority + “discharging authority” means the body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of Schedule 2 (requirements) to this Order or protective provision set out in Schedule 15 (protective provisions) to this Order;

term environmental statement + “environmental statement” means the document of that description referred to in Schedule 18 and certified by the Secretary of State for the purposes of this Order;

term hedgerow regulations and tree preservation plans + “hedgerow regulations and tree preservation plans” means the plans of that description referred to in Schedule 18 and certified as the hedgerow regulations and tree preservation plans by the Secretary of State for the purposes of this Order;

term hgv + “HGV” means any vehicle with an operational weight capable of exceeding 7.5 tonnes;

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

term highways plans + “highways plans” means the plans referred to as design plans – highways in Schedule 18 and certified as the design plans - highways by the Secretary of State for the purposes of this Order;

term highway works + “highway works” means the works comprised in Work No. 1 and that part of Work No. 2 as shown with an orange line on the design plan – highways (document number 4.11.6 as described in column (2) of Schedule 18);

term land plans + “land plans” means the plans of that description referred to in Schedule 18 and certified as the land plans by the Secretary of State for the purposes of this Order;

term lead local flood authority + “lead local flood authority” means Cambridgeshire County Council or any successor in function as lead local flood authority or equivalent body;

term lermp + “LERMP” means the landscape, ecological and recreational management plan referred to in Schedule 18 and certified as the landscape, ecological and recreational management plan by the Secretary of State for the purposes of this Order;

term levels + “levels” means the levels shown on the sections;

term lgv + “LGV” means any vehicle with an operational weight not capable of exceeding 7.5 tonnes;

term limits of deviation + “limits of deviation” means the limits of deviation shown on the works plans;

term maintain + term maintain + “maintain” includes inspect, repair, adjust, alter, remove, clear, refurbish, reconstruct, re-lay, demolish, replace or improve the authorised development including undertaking any associated earthworks or drainage works and maintenance under the LERMP, unless that activity would result in a significant environmental effect not assessed in the environmental statement and any derivative of “maintain” is to be construed accordingly;

term associated company + term network rail + “Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London SE1 8SW) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes, and for the purpose of this definition “associated company” means any company which is (within the meaning of section 1159 (meaning of “subsidiary” etc) of the Companies Act 2006(13)), the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited and any successor to Network Rail Infrastructure Limited’s railway undertaking;

term order land + “Order land” means the land which is within the Order limits shown on the land plans and is described in the book of reference;

term order limits + “Order limits” means the limits shown on the works plans within which the authorised development may be carried out;

term owner + “owner” in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981(14);

term relevant highway authority + “relevant highway authority” means in any provision of this Order the highway authority for any area of land to which that provision relates;

term relevant planning authority + “relevant planning authority” means the waste planning authority from time to time for the area within which the relevant part of the authorised development is to be constructed, used or maintained, or power under this Order is to be exercised;

term relevant navigation authority + “relevant navigation authority” means the Conservators of the River Cam, known as the Cam Conservancy, or any successor in function as navigation authority;

term relevant street authority + “relevant street authority” means in any provision of this Order the street authority for any area of land to which that provision relates;

term relevant traffic authority + “relevant traffic authority” means in any provision of this Order the traffic authority for any area of land to which that provision relates;

term requirements + “requirements” means those matters set out in Part 1 of Schedule 2;

term requirement consultee + “requirement consultee” means any body named in a requirement which is the subject of an appeal as a body to be consulted by the discharging authority in discharging that requirement;

term rights of way plans + “rights of way plans” means the plans of that description referred to in Schedule 18 and certified as the rights of way plans by the Secretary of State for the purposes of this Order;

term river cam + “river Cam” means the parts of the river Cam from Bottisham Lock to the Mill Pond in Cambridge;

term the secretary of state + “the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs (or their successor);

term the sections + “the sections” means the sections shown on the sections plans;

term sections plans + “sections plans” means plans referred to as—

in Schedule 18 and certified as the sections by the Secretary of State for the purposes of this Order;

term statutory undertaker + “statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act;

term street + “street” means a street within the meaning of section 48(15) (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

term street authority + “street authority” in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

term traffic authority + “traffic authority” has the same meaning as in section 121A(16) (traffic authorities) of the 1984 Act;

“tree preservation order” has the same meaning given in section 198(17) (power to make tree preservation orders) of the 1990 Act;

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

term undertaker + “undertaker” means the person who has the benefit of this Order in accordance with article 7 (benefit of Order) and or 8 (transfer of benefit of Order) of this Order;

term watercourse + “watercourse” includes all rivers, creeks, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, basins, sewers and passages, through or in which water stands or flows, except a public sewer or drain; and

term works plans + “works plans” means the plans of that description referred to in Schedule 18 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 and rivers include references to rights to do or restrain or to place and maintain, anything in, on or under land, the river or in the air-space above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over the land and rivers which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or which is an interest otherwise comprised in the Order land. Rights acquired or restrictive covenants imposed under this Order may be exercised or enforced as the case may be by the undertaker, or such other statutory undertaker or person for whose benefit the right or restrictive covenant is acquired, by its successors in title, assigns, lessees and by those deriving title from them and all persons authorised by any of these.

(3) All distances, directions, capacities and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development shall be taken to be measured along that work. Internal diameters for tunnels and shafts are the approximate internal dimensions after the construction of a tunnel lining. Unless otherwise stated in Schedule 1 (authorised development) or Schedule 14 (parameters), depths are specified to invert level and are measured from the proposed final ground level.

(4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(5) References in this Order to points identified by letters or numbers shall be construed as references to points so lettered or numbered on the plan to which the reference applies.

(6) Any reference in this Order to a work identified by the number of the work is to be construed as a reference to the work of that number authorised by this Order.

(7) References in this Order to any statute, order, regulation or similar instrument shall be construed as a reference to the statute, order, regulation or instrument as amended by any subsequent statute, order, regulation or instrument or as contained in any subsequent re-enactment.

term includes + (8) The expression “includes” is to be construed without limitation unless the contrary intention appears.