The A1 Birtley to Coal House Development Consent Order 2021 in Wales
S.I. 2021/74 · Made 19 January 2021 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 19th January 2021
Coming into force 9th February 2021
An application has been made to the Secretary of State under sections 37 of the Planning Act 2008 M1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M2 for an Order granting development consent.
The application was initially examined by a single appointed person and subsequently by a Panel of two members (“the Panel”) (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010 M3.
The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74 of the 2008 Act, has submitted a report and recommendation to the Secretary of State.
F1The Secretary of State is satisfied in terms of section 131(4B) of the 2008 Act that (a) the order land forms part of an open space; (b) none of the order land is of any of the other descriptions in section 131(1) of the 2008 Act; and (c) the order land is being acquired for a temporary (although possibly long-lived) purpose.
The Secretary of State is further satisfied in terms of section 131(5) of the 2008 Act that (a) the order land is required in connection with the widening or drainage of an existing highway; and (b) the giving of other land in exchange for the order land is unnecessary.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114, 115 M4, 117, 120 , 122, 131 and 132 F2... of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5 M5 to, the 2008 Act, makes the following Order—
Annotations to the whole text
Textual amendments
- F1
Words in Preamble inserted (1.5.2021) by The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.
- F2
Words in Preamble omitted (1.5.2021) by virtue of The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.
Marginal citations
- M1
2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
- M2
S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 S.I. 2013/755, S.I 2014/469, S.I. 2014/2381, S.I 2015/377, S.I. 2015/1682, S.I 2017/524, S.I 2017/572, S.I. 2018/378, and S.I. 2019/734.
- M3
S.I. 2010/103, amended by S.I. 2012/635.
- M4
Section 115 was amended by section 160 of the Housing and Planning Act 2016 (c. 22).
- M5
Schedule 5 was amended by paragraph 71 of Schedule 13 of the Localism Act and sections 112(1) and 321 of, and paragraph 4 of Schedule 8 and Part 2 of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23).
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised development
- 5Maintenance of drainage works
- 6Planning permission
- 7Limits of deviation
- 8Benefit of the Order
- 9Consent to transfer benefit of the Order
- Part 3: STREETS
- 10Application of the 1991 Act
- 11Power to alter layout etc. of streets
- 12Street works
- 13Construction and maintenance of new, altered or diverted streets
- 14Classification of roads etc.
- 15Temporary stopping up and restriction of use of streets
- 16Permanent stopping up and restriction of use of streets, public rights of way and private means of access
- 17Access to works
- 18Modification of Road Traffic Regulation Orders
- 19Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 20Discharge of water
- 21Protective work to buildings
- 22Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION AND POSSESSION
- 23Compulsory acquisition of land
- 24Compulsory acquisition of land – incorporation of the mineral code
- 25Time limit for exercise of authority to acquire land compulsorily
- 26Compulsory acquisition of rights and restrictive covenants
- 27Private rights over land
- 28Modification of Part 1 of the 1965 Act
- 29Application of the 1981 Act
- 30Acquisition of subsoil or airspace only
- 31Rights under or over streets
- 32Temporary use of land for carrying out the authorised development
- 33Temporary use of land for maintaining the authorised development
- 34Statutory undertakers
- 35Apparatus and rights of statutory undertakers in stopped up streets
- 36Recovery of costs of new connections
- Part 6: OPERATIONS
- 37Felling or lopping of trees and removal of hedgerows
- 38Trees subject to tree preservation orders
- 39Scheduled Monuments
- Part 7: MISCELLANEOUS AND GENERAL
- 40Application of landlord and tenant law
- 41Operational land for purposes of the 1990 Act
- 42Defence to proceedings in respect of statutory nuisance
- 43Protection of interests
- 44Certification of documents, etc.
- 45Service of notices
- 46Arbitration
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- In the Metropolitan Borough of Gateshead
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- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Detailed design – general design requirements
- 4Construction and handover environmental management plans
- 5Landscaping
- 6Contaminated land and groundwater
- 7Protected species
- 8Surface and foul water drainage
- 9Archaeological remains
- 10Traffic management
- 11Amendments to approved details
- 12Design of North Dene Footbridge
- 13Fencing
- 14Allerdene bridge replacement
- 15Primary Design Mitigation
- 16Advance site clearance works
- 17Details of construction compound
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 18Applications made under requirements
- 19Further information
- 20Register of requirements
- 21Anticipatory steps towards compliance with any requirement
- Schedule 3: CLASSIFICATION OF ROADS ETC.
- 1TRUNK ROADS
- 2OTHER RIGHTS OF WAY
- Schedule 4: PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS
- 1STREETS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 2PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- Schedule 5PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- Schedule 6LAND IN RESPECT OF WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
- Part: Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Part: Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 8LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 9TREES SUBJECT TO TREE PRESERVATION ORDER
- Schedule 10SCHEDULED MONUMENTS
- Schedule 11: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- On street apparatus
- 3Paragraph 3
- Apparatus in stopped up streets
- 4Paragraph 4
- Protective works to buildings
- 5Paragraph 5
- Acquisition of land
- 6Paragraph 6
- Removal of apparatus
- 7Paragraph 7
- Facilities and rights for alternative apparatus
- 8Paragraph 8
- Retained apparatus
- 9Paragraph 9
- Expenses and costs
- 10Paragraph 10
- 11Paragraph 11
- Cooperation
- 12Paragraph 12
- 13Paragraph 13
- Part 2: FOR THE PROTECTION OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 3: FOR THE PROTECTION OF RAILWAY INTERESTS
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- Part 4: FOR THE PROTECTION OF NORTHUMBRIAN WATER LIMITED
- 39Paragraph 39
- 40Paragraph 40
- On street apparatus
- 41Paragraph 41
- Apparatus in stopped up streets
- 42Paragraph 42
- Protective works to buildings
- 43Paragraph 43
- Acquisition of land
- 44Paragraph 44
- Removal of apparatus
- 45Paragraph 45
- Facilities and rights for alternative apparatus
- 46Paragraph 46
- Retained apparatus
- 47Paragraph 47
- Expenses and costs
- 48Paragraph 48
- Access
- 49Paragraph 49
- Co-operation
- 50Paragraph 50
- Schedule 12: DOCUMENTS TO BE CERTIFIED
- Paragraph
- Explanatory note