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Highways Act Orders and Schemes

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Safe roads, Reliable journeys, Informed travellers<br />

<strong>Highways</strong> <strong>Act</strong> <strong>Orders</strong><br />

<strong>and</strong> <strong>Schemes</strong><br />

Notes on the production of plans<br />

<strong>and</strong> supporting information<br />

September 2007<br />

i<br />

An Executive Agency of the


Index<br />

Introduction<br />

2<br />

Section A: Plans<br />

5<br />

1. General<br />

2. Line, detrunking <strong>and</strong> trunking <strong>Orders</strong> under Section<br />

10 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

3. <strong>Schemes</strong> under Section 16 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

4. Appropriation <strong>and</strong> Transfer <strong>Orders</strong> under Section 18<br />

of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

5. Side Roads <strong>Orders</strong> (SRO) under Section 14 or 18<br />

of the <strong>Highways</strong> <strong>Act</strong> 1980 <strong>and</strong> stopping up of PMA<br />

under Section 124 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

6. Bridges over Navigable Waters <strong>and</strong> Diversion of<br />

Navigable Waters<br />

5<br />

8<br />

13<br />

16<br />

18<br />

24<br />

Section B: Supporting Information<br />

25


These notes provide guidance on the preferred method for<br />

preparing statutory Order plans <strong>and</strong> *Scheme plans, <strong>and</strong><br />

associated information.<br />

Introduction<br />

1. Statutory <strong>Orders</strong>/<strong>Schemes</strong>, with associated schedules <strong>and</strong> plans, are the primary<br />

documents which give legal powers, when made, to the Secretary of State to<br />

construct road improvement schemes. Each Order is accompanied by plans, which<br />

are required to provide clarity <strong>and</strong> remove ambiguity. The principal aim must be to<br />

ensure that <strong>Orders</strong> are legally sound <strong>and</strong> provide the powers necessary to deliver<br />

our schemes. The <strong>Orders</strong> should provide the greatest clarity to those affected by<br />

our proposals without compromising the legal position in any way.<br />

2. Once the need for <strong>Orders</strong> is identified the <strong>Highways</strong> Agency will ask the Consultant<br />

or the Contractors Design Team to prepare the basic documentation (ORD forms,<br />

plans <strong>and</strong> in some cases, schedules) to enable the <strong>Orders</strong> to be put together.<br />

3. When preparing <strong>Orders</strong>, our aim should be to make the minimum changes to<br />

the highway network needed to deliver the scheme, including any mitigation<br />

measures (which will be detailed in the Environmental Statement).<br />

Types of <strong>Orders</strong><br />

4. The following are the powers which are available for production of <strong>Orders</strong>. They<br />

dictate what may be included in any particular Order. Normally the Agency will<br />

identify which <strong>Orders</strong> are needed. However, if it becomes clear that additional<br />

<strong>Orders</strong> may be needed then this should be flagged up with the Project Manager.<br />

<strong>Orders</strong> under Section 10 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

5. Section 10 of the <strong>Highways</strong> <strong>Act</strong> creates a new Section of trunk road or trunks or<br />

detrunks an existing road. When a road is being detrunked the Order can include<br />

the future classification of the road.<br />

* The statutory term for a motorway is a special road, <strong>and</strong> an Order for a motorway is called a Scheme


<strong>Orders</strong> under Section 14 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

6. Section 14 of the <strong>Highways</strong> <strong>Act</strong> can allow the improvement of existing highway,<br />

the creation of new highway or the stopping up of existing highway. It is used to<br />

take powers to improve or to create new local authority highways or to stop up any<br />

highway including trunk road <strong>and</strong> is used in association with trunk road works. For<br />

motorway projects Section 18 powers are used. An Order under Section 14 can<br />

also include the creation of a temporary highway which will normally be maintained<br />

by the Agency rather than a local authority.<br />

7. An Order under Section 14 can also stop up or create a private means of access.<br />

Where only an access is affected an Order under Section 124 may be more<br />

appropriate.<br />

<strong>Schemes</strong> under Section 16 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

8. Section 16 of the <strong>Highways</strong> act allows for the creation of a new length of motorway<br />

for which the Agency will be the highway authority.<br />

<strong>Orders</strong> under Section 18 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

9. Section 18 of the <strong>Highways</strong> <strong>Act</strong> can allow the improvement of existing highway,<br />

the creation of new highway or the stopping up of existing highway. It is used to<br />

take powers to improve or to create new local authority highways or to stop up any<br />

highway including trunk road <strong>and</strong> is used in association with motorway projects.<br />

For trunk road projects Section 14 powers are used. An Order under Section<br />

18 can also include the creation of a temporary highway which will normally be<br />

maintained by the Agency rather than a local authority. An Order under Section 18<br />

can also stop up or create a private means of access.<br />

10. Section 18 can also allow the conversion of existing all purpose trunk road or a<br />

local authority road to a motorway. This Order would be separate from an Order<br />

under Section 18 altering highways or accesses.<br />

Section 106 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

11. Section 106 allows the construction of a bridge over or a tunnel under navigable<br />

waters. This can be done either by an Order under Section 106 or by including the<br />

proposal within an Order under Section 10, 14 or 18 or a Scheme under Section 16.


Section 108 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

12. Section 108 allows the diversion of navigable waters where this is necessary for<br />

the construction or improvement of any highway or the stopping up or creation of<br />

a means of access. The power can be included in an Order under Section 14 or<br />

Section 18.


Section A - Plans<br />

Style <strong>and</strong> format of Order plans vary depending on the type of Order <strong>and</strong> the size <strong>and</strong><br />

complexity of the scheme. The following guidance applies generally. Where a particular<br />

style is adopted by the project team it should be used consistently throughout.<br />

1. General to all Plans<br />

1.1 The plans should be on Ordnance Survey base <strong>and</strong> should include a Crown<br />

Copyright box. Crown Copyright should be recorded by the words<br />

“This plan is based upon Ordnance Survey material with the permission of Ordnance<br />

Survey on behalf of the controller of Her Majesty’s Stationery Office © Crown<br />

copyright. Unauthorised reproduction infringes Crown copyright <strong>and</strong> may lead to<br />

prosecution or civil proceedings. <strong>Highways</strong> Agency 100018928 20..”<br />

(insert current year)<br />

1.2 Plans should include a north arrow: there is no requirement that north should be<br />

at the top of the plan. Where there are a number of site plans/sheets to a plan, or a<br />

number of <strong>Orders</strong>, as far as possible, the plans should all have a similar orientation.<br />

1.3 Plans should normally include the name of the County, Borough or District, <strong>and</strong><br />

Parish or Town in whose area they lie. They should normally feature all road<br />

numbers, road names <strong>and</strong> all other names (eg place names, street names,<br />

house names & numbers etc) that are referred to in the <strong>Orders</strong>, Schedules <strong>and</strong><br />

Explanatory Statements. Where reference is made to a location some distance<br />

from the scheme, to avoid the need to enlarge the map so that it becomes difficult<br />

to h<strong>and</strong>le, the name should be marked at the edge of the plan with an arrow<br />

indicating the direction to that location.<br />

1.4 The following information should be included either on the plan or on the folio cover<br />

if a folio is included:<br />

• A scale both linear <strong>and</strong> in words. Guidance on recording the scale of<br />

insets is given below.<br />

• A box for the signature of the Order<br />

• The title. In addition, the sheets of the Order must be numbered <strong>and</strong>/or<br />

named. Guidance on this is given in the Sections below.<br />

• A key


1.5 When the preparation of draft Order plans is started, a plan register number<br />

should be requested for each Order <strong>and</strong> recorded on the plan or folio cover.<br />

The Special Road <strong>Schemes</strong> <strong>and</strong> <strong>Highways</strong> <strong>Orders</strong> (Procedure)<br />

Regulations 1993 SI 169<br />

1.6 These Regulations impose specific requirements on certain types of Order.<br />

The requirements, which are identified in the individual Sections below,<br />

should be complied with in all cases.<br />

Notes<br />

1.7 Notes can be included on plans to provide clarity. The notes for each type of<br />

plan are described in the individual Sections below.<br />

Use of Plan Folios<br />

1.8 Where there are two or more site plans/sheets for an Order these should be<br />

bound together in a plan folio. The folio cover should comprise the Order<br />

title, key, scale(s), signing block <strong>and</strong> plan registry number. For single sheet<br />

schemes this information is normally recorded on the plan <strong>and</strong> a folio sheet<br />

is unnecessary. The bound folio will normally be A4 in size <strong>and</strong> therefore, the<br />

folio cover should be A4 <strong>and</strong> the final Order plans need to be designed to fold<br />

to that size.<br />

Use of Key Plans <strong>and</strong> Location Plans<br />

1.9 When an Order plan contains more than one site plan/sheet, a Key Plan<br />

should be included showing the boundary of each of the site plans. The key<br />

plan should be at a scale appropriate to the size of the scheme <strong>and</strong> may be<br />

as small as 1:50,000. For very large schemes, the key plan may need to be<br />

shown on more than one sheet. Key plans should be marked KEY PLAN in the<br />

top or bottom right h<strong>and</strong> corner. Where there is more than one key plan sheet,<br />

each should be numbered (Key Plan 1 of 3, 2 of 3 etc).<br />

1.10 Occasionally, where only one site plan is needed a Location Plan will be<br />

included to show where the scheme is. This should follow a similar style to the<br />

key plan <strong>and</strong> should be labelled ‘Location Plan’. If there is no folio, the location<br />

plan should be included on the same sheet as the Order plan.


Scale of Plans<br />

1.11 The guidance below gives details of the scales applicable for particular types<br />

of Order. The choice of scale, particularly for major schemes, will normally be a<br />

compromise. Larger scale plans allow more information to be shown <strong>and</strong> are<br />

essential if a lot of complex detail needs to be conveyed. However, it is easier to<br />

gain an overall picture of the scheme at a smaller scale. Where the bulk of the<br />

proposals can be understood from a smaller scale plan, particular items which<br />

require more detail can be shown on insets. On major schemes, the smaller scale<br />

used for the Special Road Scheme or Trunk Road line Order acts as an overview<br />

with greater detail shown in the Side Roads Order. For smaller schemes, there are<br />

benefits in using the same scale for all the plans, including l<strong>and</strong> reference plans<br />

<strong>and</strong> Compulsory Purchase Order plans to allow them to be compared <strong>and</strong> read<br />

between easily.<br />

Use of Insets<br />

1.12 You can use insets to make plans less cumbersome <strong>and</strong> more importantly easier<br />

for users to underst<strong>and</strong>. Insets are more likely to be used on Side Roads Order<br />

plans. They can be used to show enlarged detail, <strong>and</strong> generally to provide<br />

greater clarity. Insets also enable different markings that coincide (eg, *PMA to<br />

be stopped up <strong>and</strong> route of new PMA, highway to be stopped <strong>and</strong> route of new<br />

or improved highway) to be shown separately.<br />

1.13 Insets should be labelled INSET. If there is more than one inset on a page, each<br />

inset should be labelled INSET A, INSET B etc moving from left to right across<br />

the plan. Care should be taken to ensure that the area outlined on the main plan<br />

corresponding to the inset (i) matches the area shown on the inset <strong>and</strong> (ii) is<br />

labelled SEE INSET A etc. Where all the insets are at the same scale as the main<br />

plan there is no need to include a separate scale for the insets. But if the insets<br />

are at a different scale, this should be shown within the inset.<br />

* PMA = private means of access


2. Line, Detrunking <strong>and</strong> Trunking <strong>Orders</strong> under Section<br />

10 of the <strong>Highways</strong> <strong>Act</strong><br />

Extent of Plans<br />

Requirement of Regulations<br />

2.1 The requirements of the Regulations are that the detail must be shown for at least<br />

67 metres to either side of the centre line of a new road shown in the Order. This<br />

includes 67 metres from any new connecting roads (i.e. slip roads). The base<br />

map must be Ordnance Survey based <strong>and</strong> show up-to-date detail.<br />

Scale<br />

Requirement of Regulations<br />

2.2 The Regulations require any Order plan for a new trunk road line to be at a scale<br />

of not less than 1:10,000.<br />

2.3 For a large scheme, 1:10,000 will normally be appropriate. For small schemes, a<br />

larger scale should be considered, eg 1:5,000 or 1:2,500.<br />

2.4 Trunking an existing non-trunk road <strong>and</strong> detrunking are not subject to the<br />

Regulations. As the highway is already in existence, a small scale plan may be<br />

appropriate but this should not be less than 1:50,000. If trunking/detrunking<br />

<strong>Orders</strong> are being published as part of a project including a new trunk road line<br />

or motorway scheme, the trunking <strong>and</strong> detrunking plans should be at the same<br />

scale as those for the new road.<br />

2.5 Where a small scale is used for the plan, <strong>and</strong> there are one or two items which<br />

need to be at a larger scale, for example termination points for the trunking or<br />

detrunking, this can be done by using insets.<br />

Markings<br />

Requirement of Regulations<br />

2.6 That the new centre line be shown by a solid black line not more than<br />

1.5 mm wide.


St<strong>and</strong>ard Key<br />

2.7 The following key conventions are used.<br />

Line Order<br />

Routes of new trunk road <strong>and</strong> slip roads<br />

Routes of other new highways<br />

(see scheme detail below)<br />

Route of new main trunk road on slip road Order<br />

Detrunking Order<br />

Road ceasing to be trunk road<br />

Trunking Order<br />

Road becoming trunk road<br />

Notes within the key<br />

2.8 The following note should be included on the plan folio cover with the key where<br />

new construction is being carried out,<br />

“This plan shows the centre line of the new Trunk Road(s) but not the width or<br />

construction detail.”<br />

Scheme detail<br />

2.9 For an Order showing a new road, little scheme detail should be added to the<br />

Ordnance base. Where a link road (new highway) is included in the Side Roads<br />

Order that will connect the scheme to the existing local network, this can also be<br />

shown diagrammatically by black <strong>and</strong> white dashes on the plan for a Section 10<br />

Order to make the Order easier to underst<strong>and</strong>. Where separate <strong>Orders</strong> are being<br />

prepared for the main line <strong>and</strong> the slip roads the slip roads should be marked by<br />

black <strong>and</strong> white dashes on the line Order plan. On the plan for the slip road Order<br />

the main line should be shown by two solid lines. The marking should be included<br />

in the key (see St<strong>and</strong>ard Key above).


Combining <strong>Orders</strong><br />

2.10 Normally the new trunk road <strong>and</strong> any slip roads will be included in the same line<br />

Order <strong>and</strong> should be shown on the same plan. However, for major projects there<br />

can be an advantage in showing these in separate <strong>Orders</strong>. If any of the proposed<br />

slip roads are challenged the line Order can proceed whilst consultation is carried<br />

out on modifications to the slip road Order. For a small scheme, the trunking,<br />

detrunking <strong>and</strong> the new line can be included in a single combined line <strong>and</strong><br />

detrunking Order on the same plan. However, for a larger project the detrunking<br />

will be in a separate Order for which separate plans will be required.<br />

Extent of new road marking<br />

2.11 Where a new section of trunk road is to be constructed, the line should start on<br />

the boundary of the existing trunk road at the point where the highway boundary<br />

of the new trunk road <strong>and</strong> the existing trunk road diverge (note it is the highway<br />

boundary not the carriageway boundary which is the relevant point).<br />

2.12 Where an existing trunk road is being upgraded partially on-line <strong>and</strong> partially<br />

on a new line, consideration should be given to how this can best be shown.<br />

The centre line of the road may be moved to one side <strong>and</strong> part of the existing<br />

highway closed without the need for this to be shown, although inclusion in the<br />

Order should be considered if the stopping up removes the bulk of the existing<br />

highway. Where most work is on-line with short lengths of new highway it is<br />

probably preferable to show only these short sections as a new line. However,<br />

where the new route predominates, consideration should be given to stopping up<br />

the existing road <strong>and</strong> showing the whole section as a new line. This is particularly<br />

the case where the on-line sections involve asymmetric widening with the existing<br />

road partly stopped up. One factor to be taken into account in that consideration<br />

is whether stopping up will result in significant extra l<strong>and</strong> acquisition.<br />

2.13 Connecting roads should be shown from the point where they diverge from the<br />

main line.<br />

Treatment of junctions<br />

2.14 Where the trunk road ends, the black line should continue as far as the highway<br />

boundary of the side road. Where it passes through a junction, it should be<br />

shown going round the roundabout or circulatory system.<br />

10


New grade-separated junctions<br />

2.15 The plan should show the full extent of the new trunk road line <strong>and</strong> slip roads as<br />

solid black lines, <strong>and</strong> to show the existing roundabout <strong>and</strong> connecting roads as<br />

new highways with black <strong>and</strong> white dashes.<br />

Numbering <strong>and</strong> lettering<br />

Line Order<br />

2.16 The start <strong>and</strong> end points of the new trunk road should be lettered A <strong>and</strong> B (<strong>and</strong><br />

the route <strong>and</strong> distance will be described in the line Order Schedule). Where<br />

there are a number of sections, the lettering will continue C - D, E - F etc, working<br />

across the plan from left to right. Slip roads will be numbered 1, 2 etc (<strong>and</strong> also<br />

described in the Line Order Schedule).<br />

Detrunking Order<br />

2.17 The route to be detrunked should be marked with broad black dashes <strong>and</strong><br />

lettered at either end of each section of detrunking (<strong>and</strong> the route <strong>and</strong> distance<br />

will be described in the detrunking Order Schedule). Care should be taken to<br />

identify the precise extent of the route to be detrunked to ensure that the whole<br />

route is included.<br />

2.18 Where a section of trunk road is to be stopped up there is no requirement to<br />

include it in the detrunking Order. On occasion, it may be appropriate to close a<br />

part width of a trunk road whilst detrunking the remainder, for example where one<br />

carriageway of an existing trunk road will be retained as a local road but the other<br />

is being stopped up.<br />

2.19 On the detrunking Order plan, the treatment is to show the existing roundabout to<br />

the point where it links to the local road network as ‘road ceasing to be trunk road’.<br />

Trunking Order<br />

2.20 Trunking is h<strong>and</strong>led in a similar way to detrunking. It is shown by an open ladder<br />

marking <strong>and</strong> lettered at each end of the section to be trunked.<br />

11


New bridges over Navigable Waters <strong>and</strong><br />

Diversion of Navigable Waters<br />

2.21 Guidance on plans for bridging navigable waters <strong>and</strong> for diversion of navigable<br />

waters is given in Section 6.<br />

12


3. <strong>Schemes</strong> under Section 16 of the <strong>Highways</strong> <strong>Act</strong><br />

Extent of Plans<br />

Requirement of Regulations<br />

3.1 The Regulations require that the detail must be shown for at least 67 metres<br />

to either side of the centre line of a new road shown in the Scheme plan. This<br />

includes 67 metres from any new connecting roads. The plan must be an up-todate<br />

Ordnance Survey base.<br />

Scale<br />

Requirement of Regulations<br />

3.2 The Regulations require any Scheme plan for a new special road to be at a scale<br />

of not less than 1:10,000.<br />

3.3 For a large scheme, 1:10,000 will normally be appropriate. For small schemes, a<br />

larger scale should be considered.<br />

Markings<br />

Requirement of Regulations<br />

3.4 That the new centre line of any new route included in the Scheme plan is shown<br />

by a solid black line not more than 1.5 mm wide.<br />

St<strong>and</strong>ard Key<br />

3.5 The following key conventions are used<br />

Line of new special road <strong>and</strong> slip roads<br />

Routes of other new highways<br />

(see scheme details below)<br />

Notes within Key<br />

3.6 The following note should be included in the key where new construction is being<br />

carried out.<br />

“This plan shows the centre line of the new special road(s) but does not show<br />

width or construction details”.<br />

13


Scheme Detail<br />

3.7 Little scheme detail should be added to the Ordnance Survey base. Where a<br />

link road is included in the Side Roads Order which will connect the Scheme<br />

to the existing local network, this can be shown by black <strong>and</strong> white dashes on<br />

the Scheme plan to make the Scheme easier to underst<strong>and</strong>. Where separate<br />

<strong>Schemes</strong> are being prepared for the main line <strong>and</strong> the connecting roads, the<br />

connecting roads should be marked by black <strong>and</strong> white dashes on the Scheme<br />

plan. On the plan for the Connecting Road plan, the main line should be shown<br />

by two solid lines. The markings should be included in the key. (See st<strong>and</strong>ard<br />

key above)<br />

Combining <strong>Orders</strong><br />

3.8 Normally the new motorway <strong>and</strong> any slip roads will be included in the same<br />

Scheme <strong>and</strong> should be shown on the same plan. However, for major projects<br />

there can be an advantage in showing these in separate schemes. If any of<br />

the proposed slip roads are challenged the main scheme can proceed whilst<br />

consultation is carried out on modifications to the connecting road scheme.<br />

Extent of new road marking<br />

3.9 Where a new section of motorway is to be constructed, the line should<br />

commence on the boundary of the existing motorway at a point where the<br />

highway boundary of the new <strong>and</strong> existing motorways diverge (note it is the<br />

highway not the carriageway boundary which is the relevant point).<br />

3.10 Where an existing motorway is being upgraded partially on-line <strong>and</strong> partially on<br />

a new line, consideration should be given to how this can best be shown. The<br />

centre line of the road may be moved to one side <strong>and</strong> part of the existing highway<br />

closed without the need for a new Scheme, although a Scheme should be<br />

considered if the stopping up removes the bulk of the existing highway. Where<br />

most work is on-line with short lengths of new highway it is probably preferable<br />

to show only these short sections as a new line. However, where the new route<br />

predominates, consideration should be given to stopping up the existing highway<br />

<strong>and</strong> showing the whole section as a new line. This is particularly the case where<br />

the on-line sections involve asymmetric widening with the existing road partly<br />

stopped up.<br />

3.11 Where an existing all purpose road is being upgraded to motorway, the Scheme<br />

plan should include the full route.<br />

14


3.12 Slip roads (connecting roads) should be shown from the point where they diverge<br />

from the main line. The starting point should be the highway boundary not the<br />

carriageway boundary.<br />

Treatment of junctions<br />

3.13 Where the motorway ends, the black line should continue as far as the point<br />

where the Motorway Regulations will end. This is normally the back of the verge<br />

of the side road. At motorway to motorway junctions, the links - including any<br />

circulatory junctions - should be treated as slip roads.<br />

Numbering <strong>and</strong> lettering<br />

3.14 The start <strong>and</strong> end points of the motorway should be lettered A <strong>and</strong> B. Where<br />

there are a number of Sections, the lettering will continue C - D, E - F etc. Slip<br />

roads will be numbered.<br />

New bridges over Navigable Waters <strong>and</strong><br />

Diversion of Navigable Waters<br />

3.15 Guidance on plans for bridging navigable waters <strong>and</strong> for diversion of navigable<br />

waters is given in Section 6.<br />

15


4. Appropriation <strong>and</strong> Transfer <strong>Orders</strong> under Section 18<br />

of the <strong>Highways</strong> <strong>Act</strong><br />

Scale<br />

Requirement of Regulations<br />

4.1 The Regulations require appropriation Order plans to be at a scale of not less<br />

than 1:2,500. This will normally be adequate.<br />

Markings<br />

St<strong>and</strong>ard Key<br />

4.2 The following key conventions are used<br />

Appropriation<br />

4.3 The markings should be applied separately to the main line of the proposed<br />

motorway <strong>and</strong> each slip road in recognition of the fact that these are separate<br />

highways. They should be applied to the full width of the highway between<br />

motorway fences.<br />

Scheme Details<br />

4.4 The scheme must be shown in sufficient detail to show the key laid across the full<br />

width of the highways.<br />

Extent of Marking<br />

4.5 The plan marking should extend to the full length of the road being appropriated<br />

or transferred. Slip roads should be shown by separate marking.<br />

16


4.6 Where a scheme is being carried out which is partially new highway <strong>and</strong> partially<br />

the appropriation of existing all purpose roads <strong>and</strong> the bulk of the route is<br />

new then the appropriation Order should be restricted to those short lengths<br />

of existing highway. However where most of the route is existing highway the<br />

appropriation should cover the whole route.<br />

Numbering <strong>and</strong> lettering<br />

4.7 The start <strong>and</strong> end points of the motorway should be lettered A <strong>and</strong> B. Where<br />

there are a number of Sections, the lettering will continue C - D, E - F etc. Slip<br />

roads should be numbered.<br />

17


5. Side Roads <strong>Orders</strong> (SRO) under Section 14 or 18 of<br />

the <strong>Highways</strong> <strong>Act</strong> <strong>and</strong> stopping up of PMA under<br />

Section 124 of the <strong>Highways</strong> <strong>Act</strong><br />

These notes also apply to plans being prepared for agreements<br />

under Section 4 of the <strong>Highways</strong> <strong>Act</strong><br />

5.1 Where there is a single plan this should carry the name of the Order. Where<br />

there are a number of plans, each site plan should be labelled SITE PLAN 1,<br />

SITE PLAN 2 etc, <strong>and</strong> will correspond to the appropriate Schedule in the SRO.<br />

Each site plan should have a site plan title corresponding to the Site Plan Title<br />

in the Schedule. This title should reflect the Section of the scheme included on<br />

that sheet taking its name from a significant junction, a building or community<br />

alongside the route or if necessary a geographical feature<br />

Scale<br />

Requirement of Regulations<br />

5.2 The Regulations require any SRO plan showing a new local highway to be at<br />

a scale of not less than 1:2,500. In addition, any Order under Section 18 of the<br />

<strong>Highways</strong> <strong>Act</strong> 1980 (which includes Motorway Side Roads <strong>Orders</strong>) must be at<br />

that scale.<br />

5.3 For a large scheme, this scale will probably be appropriate. For smaller schemes,<br />

1:1,250 may be more appropriate, particularly in an urban area. Occasionally,<br />

larger scale plans may be necessary. The need for this may be avoided by the<br />

effective use of insets.<br />

Markings<br />

Requirements of Regulations<br />

5.4 The Regulations specify that any new local highways (including footpaths,<br />

cycleways <strong>and</strong> bridleways) must be shown by a centre line surrounded by<br />

stipple.<br />

18


St<strong>and</strong>ard Key<br />

5.5 The following key conventions are used<br />

Route(s) of new highway(s)<br />

Centre Line<br />

Highway(s) to be improved<br />

Highway(s) to be stopped up<br />

Private means of access to be stopped up<br />

Route(s) of new means of private access<br />

Trunk road boundary (see para below)<br />

Side road boundary (see para below)<br />

Notes to be included with the key<br />

5.6 The following note should be included in the SRO plan folio -<br />

“This/these plan(s) does not/do not show widths or construction details”.<br />

Scheme Detail<br />

5.7 In addition to the Ordnance Survey information, site plans should show the<br />

proposed scheme including embankments <strong>and</strong> fence lines.<br />

Improvement of side roads (including footpaths,<br />

cycleways <strong>and</strong> bridleways)<br />

5.8 Improvement is the power to carry out works on a local authority highway where<br />

the Secretary of State has no general power of improvement. Note that it is not<br />

necessary to take powers under the Order where we have some specific power in<br />

legislation to work on a local authority road, for example to erect signs. Similarly it is<br />

inappropriate to take powers on trunk roads where general powers of improvement<br />

are available to the Secretary of State under Part V of the <strong>Highways</strong> <strong>Act</strong> 1980.<br />

19


5.9 Improvement is shown by cross hatching. The cross hatching should extend to<br />

the full width <strong>and</strong> length of the Section of highway where improvement works are<br />

to be carried out, including embankments <strong>and</strong> cutting slopes. Where the scheme<br />

will involve altering the highway boundary taking in l<strong>and</strong> beyond the existing<br />

highway boundary, the cross hatching should cover that additional area.<br />

Stopping up highways<br />

5.10 Stopping up (closing) highways is shown by broad diagonal black <strong>and</strong> white<br />

dashes. Stopping up can relate to a highway or to any area of highway. The plan<br />

should show the full length <strong>and</strong> width which is to be stopped up including any<br />

embankments or cutting slopes included in that section.<br />

5.11 Stopping up a section of highway would usually extinguish all highway rights<br />

permanently. Where some highway rights remain, it will normally be appropriate<br />

to stop up the existing highway <strong>and</strong> re-create a highway of a different class. For<br />

example, if an all purpose road is to become a pedestrian route the road should<br />

be stopped up completely <strong>and</strong> a new footpath created across an appropriate part<br />

of it. Where the intention is to retain existing rights but to restrict traffic movements,<br />

for example to ban right turns, a Traffic Regulation Order may be more appropriate.<br />

However, where the change will result in part of the highway being redundant then<br />

that area should be included as stopped up highway in the Side Roads Order.<br />

5.12 Where a proposed highway crosses existing highway, the existing highway<br />

should be stopped up between the fence lines of the new route. This will not<br />

prevent users from joining or leaving the new route at that point. If the intention is<br />

to ban such movements, then the stopping up should continue along the existing<br />

highway to a point at least one metre beyond the fence line of the new route.<br />

5.13 The ownership of stopped up highways will revert to the owner of the subsoil, who<br />

may not be the highway authority. Where an area of highway will be needed for the<br />

scheme <strong>and</strong> l<strong>and</strong> is not in the ownership of the Agency, particular consideration<br />

needs to be given to whether the rights should be stopped up. If the highway is<br />

stopped up <strong>and</strong> l<strong>and</strong> is needed, a note should be made to ensure it is included in<br />

the Compulsory Purchase Order (CPO).<br />

New highways<br />

5.14 This is shown by a centre line surrounded by stipple which is normally a st<strong>and</strong>ard<br />

width for the full length of the highway being provided. New highways include<br />

temporary highways <strong>and</strong> the term Temporary Highway should be included on the<br />

site plan <strong>and</strong> schedule.<br />

20


Lettering<br />

5.15 Each new highway should be identified by a letter placed in a circle, starting at<br />

A, <strong>and</strong> working across the site plan from left to right. Start again with letter A on<br />

each subsequent site plan.<br />

Stopping up <strong>and</strong> creation of private means of access (PMA)<br />

5.16 PMAs include both formal accesses to private properties <strong>and</strong> field gates which<br />

lead to no clear track or way. A distinction needs to be made between a right<br />

of way serving only the owner <strong>and</strong> occupier of l<strong>and</strong> onto which it leads from the<br />

highway <strong>and</strong> rights of way which are shared by several occupiers. Where it is a<br />

single owner /occupier the plan should show the stopping up <strong>and</strong> new access<br />

on the Side Roads Order plan. The new access can subsequently be omitted<br />

from the scheme or moved to another location to meet the l<strong>and</strong>owner’s wishes.<br />

However, where there are other interests taking access along the route the<br />

stopping up must appear in the Order. The position of the replacement access<br />

cannot be changed so easily so it must be chosen with care<br />

5.17 Stopping up PMAs is shown by a solid black line. Where the access serves only<br />

one interest, or the intention is simply to stop vehicles entering the highway,<br />

the marking need only be applied for a short distance back from the highway<br />

boundary, normally three metres. Where there is more than one user <strong>and</strong> access<br />

is being replaced elsewhere the marking must be shown across the full width of<br />

the access until it reaches the boundary of the last interest it serves.<br />

Lettering<br />

5.18 Each PMA should be lettered a, b, c working across the plan from left to right, the<br />

letter being placed in a circle. The letter should appear in the Schedule <strong>and</strong> on<br />

the ORD forms after the description of the route.<br />

.<br />

Creating new private means of access (PMA)<br />

5.19 A private means of access provides access to l<strong>and</strong> <strong>and</strong> property. Where access<br />

will be needed for maintenance of a structure or drainage, this would be provided<br />

by an easement <strong>and</strong> should not appear in the Side Roads Order.<br />

21


5.20 A new PMA is shown by narrow diagonal hatching. New PMAs should be a fixed<br />

width starting from the highway or carriageway boundary of the highway from which<br />

access is being taken. Where there is a need to provide visibility at a junction by<br />

setting back the fence line, the new access will be set back behind the revised<br />

fence line. However, it may be more readily understood if the new PMA is shown to<br />

the carriageway boundary. New PMAs should be numbered 1, 2 etc, working from<br />

left to right across the site plan, with the number placed in a circle. Each site plan<br />

will start again at 1, 2 etc.<br />

5.21 The PMA should be shown till it enters the last l<strong>and</strong>holding which it serves.<br />

Beyond that, any work will be accommodation work at the l<strong>and</strong>owner’s discretion.<br />

Combining different keys<br />

1. Where stopping up a highway or PMA coincides with a new or improved<br />

highway or new PMA.<br />

5.22 Normally, both the stopping up <strong>and</strong> the new or improved highway or new PMA will<br />

be shown on the main site plan. However, this can be difficult to do with clarity.<br />

Where a stopped up highway coincides with a new highway or PMA, ideally the<br />

markings for the new highway or PMA will be placed between the zebra hatching<br />

marking of the stopped up highway. If space does not allow clarity, show one set of<br />

markings on the main site plan <strong>and</strong> the other set of markings on an inset. Similarly,<br />

where an improved highway coincides with a stopped up PMA, the stopping up<br />

can be shown through the improvement marking. But if this is unclear, or where the<br />

stopping up of a PMA (a solid black line) prevents any other marking being seen,<br />

the new or improved highway or new PMA would be better shown in an inset.<br />

5.23 The aim (<strong>and</strong> challenge) for drafters is to show the information as clearly as<br />

possible. For example, where quite long lengths of local highways <strong>and</strong>/or PMAs<br />

are subject to stopping up, <strong>and</strong> are to be replaced with new <strong>and</strong>/or improved<br />

highways <strong>and</strong> new PMAs, it may be more helpful to show one set of markings on<br />

one big inset, <strong>and</strong> show the second set of markings on a similar sized second<br />

inset if possible, placing both insets side by side on the same site plan sheet.<br />

5.24 An alternative way to show stopping up is to show it only where no new or<br />

improved highway or PMA are being provided at the same locations. Where new<br />

or improved highway or PMA does coincide with stopping up, it is the improved/<br />

new highway or PMA that is shown rather than the stopping up. In effect, they<br />

are drawn over the stopping up so that the stopping up no longer shows. This<br />

style can provide clarity on what is ultimately intended <strong>and</strong> can be a useful way<br />

of presenting small <strong>and</strong> relatively simple schemes. But it does not show the full<br />

picture <strong>and</strong> would not be appropriate for complex junctions <strong>and</strong> major schemes.<br />

22


2. Where a new highway <strong>and</strong> PMA are to be provided over the same route<br />

5.25 Ideally a vehicular access should be separate from a new footpath or bridleway<br />

for the safety of users. However, this will not always be possible.<br />

5.26 New PMAs cannot be created over an existing public highway. Therefore if a PMA<br />

is to be provided along the route of an existing footpath or bridleway the highway<br />

must be stopped up, the PMA created <strong>and</strong> a new highway created <strong>and</strong> this must<br />

be reflected on the plan.<br />

5.27 The new access <strong>and</strong> new highway can be shown separately by showing one on<br />

the main plan <strong>and</strong> the other in an inset (or by using two insets if the main plans<br />

records a stopping up). However the preferred way of showing the markings is<br />

side by side. In either case a note on the plan <strong>and</strong> in the Schedule(s) to the Order<br />

indicates that the two are coincidental:<br />

“Along [part of] this route labelled ‘A’ a new private means of access labelled ‘1’<br />

(which will be subject to vehicular rights) is to be provided <strong>and</strong> subject thereto the<br />

footpath labelled ‘A’ is to be provided.”<br />

New bridges over Navigable Waters <strong>and</strong><br />

Diversion of Navigable Waters<br />

5.28 Guidance on plans for bridging navigable waters <strong>and</strong> for diversion of navigable<br />

waters is given in Section 6.<br />

23


6. Bridges over Navigable Waters <strong>and</strong> Diversion of<br />

Navigable Waters<br />

To Follow<br />

24


Section B - Supporting information<br />

ORD forms <strong>and</strong> plans (including l<strong>and</strong> reference plans) provide most of the information<br />

necessary for project teams to prepare draft <strong>Orders</strong>.<br />

1. Information required for production of the Order<br />

• Route descriptions need to be precise <strong>and</strong> unambiguous. The start <strong>and</strong> end<br />

points should be specific locations, e.g. from the eastern side of the junction<br />

with River Street, not from the junction with River Street<br />

• Distances for <strong>Orders</strong> under Section 10 or <strong>Schemes</strong> under Section 16<br />

should be to the nearest metre. For <strong>Orders</strong> under Section 14 or Section 18,<br />

distances should be given to the nearest 0.5 of a metre<br />

• As part of compiling the ORD forms, consultants should check with LHAs<br />

the classification <strong>and</strong> route number of all existing roads <strong>and</strong> highways<br />

affected by the proposals, <strong>and</strong> the classifications to be given to any new<br />

highways<br />

2. Publication, Publicity <strong>and</strong> Distribution<br />

The aim in publishing the proposals is to meet the requirements of the <strong>Highways</strong> <strong>Act</strong><br />

<strong>and</strong> to ensure that publicity can reach all parts of the communities affected (directly <strong>and</strong><br />

indirectly) by the proposed scheme. Newspapers that will carry our public notices must<br />

cover the whole area of the published scheme <strong>and</strong> the communities most closely affected<br />

by it. Every reasonable effort must be made to identify accurately all parties affected<br />

directly by the published proposals, as well as the wider community <strong>and</strong> any hard-to-reach<br />

groups to ensure they have the opportunity to comment on the proposed scheme.<br />

Newspapers<br />

Schedule 1 of the <strong>Highways</strong> <strong>Act</strong> 1980 requires that a public notice is published in at least<br />

one local newspaper <strong>and</strong> in the London Gazette. For smaller schemes two newspapers<br />

circulating in the area should be identified. For larger schemes care should be taken<br />

to ensure that local newspapers have been identified for all the Sections of the route. In<br />

addition, one newspaper – regional or national – should be identified which covers the<br />

whole route.<br />

25


Deposit Points – for <strong>Orders</strong> <strong>and</strong> Environmental Statements (ES)<br />

Deposit points for documents should be reasonably close to the scheme area, ideally<br />

within 5 miles. County <strong>and</strong>/or District/Borough Council offices are often a first port of call<br />

for deposit documents, but when the scheme area is more than 5 miles from any Council<br />

Offices, or where public transport to the Council Office is poor, deposit points should<br />

be identified locally. Libraries <strong>and</strong> Post Offices are often the best locations, but in small<br />

communities other venues may need to be considered.<br />

The choice of deposit points should take account of a number of factors. They would<br />

need to have sufficient space for the documents to be viewed. If the scheme should<br />

go to inquiry, the same deposit point may need to serve later on as a pre-inquiry library<br />

for the public, in which case it would need to accommodate a much larger volume of<br />

documents. Hours of opening (<strong>and</strong> early closing), transport links <strong>and</strong> disability access<br />

are all factors to be considered.<br />

On schemes with a contractor appointed, a local site office might have been established,<br />

which could be very suitable as a deposit point, <strong>and</strong> later on as a<br />

pre-inquiry library.<br />

Distribution<br />

There is a legal requirement to serve notice on those listed in the table opposite:-<br />

Consultees from this list should be set out first.<br />

The consultation list should be completed taking account of the guidance set out below.<br />

It is the normal practise to consult two further groups of people, those most closely<br />

affected by the scheme <strong>and</strong> representatives of the local community.<br />

A plan should be prepared which identifies the area where the scheme will have the<br />

greatest impact. This should include a b<strong>and</strong> at least 100 metres around the scheme<br />

Consideration should be given especially for larger schemes to extending this area.<br />

The list of consultees should include a list of owners <strong>and</strong> occupiers within that area.<br />

Members of Parliament <strong>and</strong> Members of the European Parliament together with parish <strong>and</strong><br />

community councils are consulted in all cases. Statutory undertakers are consulted for all<br />

<strong>Orders</strong> except trunking <strong>and</strong> detrunking. Their details should therefore be provided in all<br />

cases. A list should then be put together identifying other local groups <strong>and</strong> organisations.<br />

Particular care should be taken to identify representatives of minority or hard to reach groups.<br />

26


Requirements for different types of <strong>Orders</strong> or <strong>Schemes</strong><br />

Section 10 Section 14 Section 16<br />

Section 18<br />

Side Roads Order<br />

Every District, County<br />

or Unitary Council<br />

or National Park<br />

Board through whose<br />

area the existing or<br />

proposed road in the<br />

Order runs<br />

Every District, County<br />

or Unitary Council<br />

or National Park<br />

Board through whose<br />

area any highway or<br />

proposed highway<br />

included in the SRO<br />

runs or in whose area<br />

works are to be carried<br />

out<br />

Every District, County<br />

or Unitary Council or<br />

National Park Board<br />

through whose area<br />

the proposed Scheme<br />

runs<br />

Every District, County<br />

or Unitary Council or<br />

National Park Board<br />

in whose area works<br />

authorised by the SRO<br />

will be carried out<br />

The Council to <strong>and</strong><br />

from whom any<br />

highways in the SRO<br />

are to be transferred<br />

The Council to <strong>and</strong><br />

from whom any<br />

highways in the SRO<br />

are to be transferred<br />

The owner <strong>and</strong><br />

occupier of any<br />

premises whose<br />

access is stopped up<br />

in the SRO<br />

The owner <strong>and</strong><br />

occupier of any<br />

premises whose<br />

access is stopped up<br />

in the SRO<br />

The Parish Council,<br />

Parish Meeting or<br />

Community Council<br />

for every community<br />

or parish in whose<br />

area a highway is<br />

to be stopped up or<br />

diverted where there<br />

is no district or county<br />

council*<br />

The Parish Council,<br />

Parish Meeting or<br />

Community Council<br />

for every community<br />

or parish in whose<br />

area a highway is<br />

to be stopped up or<br />

diverted where there<br />

is no district or county<br />

council*<br />

All statutory<br />

undertakers with<br />

equipment in a<br />

highway to be stopped<br />

up by the SRO<br />

All statutory<br />

undertakers with<br />

equipment in a<br />

highway to be stopped<br />

up by the SRO<br />

And for any Order citing Section 106 or 108 of the <strong>Highways</strong> <strong>Act</strong> 1980,<br />

serve notice on the navigation authority for the waterway <strong>and</strong> the<br />

Environment Agency.<br />

*it is practise to serve notice on all parish councils <strong>and</strong> meetings where a highway is<br />

stopped up in a side roads Order whether or not there is a district or county council<br />

27


Publication Group Leeds N070127<br />

for <strong>Highways</strong> Agency Major Projects Division

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