The A12 Chelmsford to A120 Widening Development Consent Order 2024
S.I. 2024/60 · Made 12 January 2024 · Extends to England and Wales
Infrastructure Planning
Made 12th January 2024
Coming into force 9th February 2024
The application was examined by a Panel of three members (“the Panel”) appointed as an examining authority (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 2010f3.
The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act has submitted a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the Panel, has decided to make an Order granting development consent for the development described in the application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 is satisfied that replacement land (as that land is defined in section 131(12) of the 2008 Act) has been or will be given in exchange for the special category land (identified in Part 1 of Schedule 8 to this Order), and replacement land has been or will be vested in the person or persons in whom the special category land is vested and subject to the same rights, trusts and incidents as attach to the special category land, and that, accordingly, section 131(4) of the 2008 Act applies.
The Secretary of State, having considered the report and recommendation of the Panel, is satisfied that special category (rights) land identified in Part 3 of Schedule 8 to this Order, when burdened with the new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public and that, accordingly, section 132(3) of the 2008 Act applies.
The Secretary of State is satisfied that replacement land (as that land is defined in section 132(12) of the 2008 Act) has been or will be given in exchange for order rights (as defined in that section) to be acquired over the special category (rights) land identified in Part 2 of Schedule 8 to this Order, and replacement land has been or will be vested in the persons or persons in whom the special category land is vested and subject to the same rights, trusts and incidents as attach to the special category land, and that, accordingly, section 132(4) of the 2008 Act applies.
The Secretary of State, in exercise of the powers conferred by sections 114f4, 115f5, 117f6, 120f7, 122f8 and 123f9 of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5f10 to, the 2008 Act, makes the following Order—
Annotations to the whole text
Footnotes
- f1
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2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 and Schedule 13, Para 5 of the Localism Act 2011 (c. 20).
- f2
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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, S.I. 2019/734, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634 and 2023/1071.
- f3
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S.I. 2010/103, amended by S.I. 2012/635.
- f4
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Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011 (c. 20).
- f5
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Section 115 was amended by paragraph 56 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
- f6
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Section 117 was amended by paragraph 58 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.
- f7
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Section 120 was amended by section 140 and paragraph 60 of Schedule 13 to the Localism Act 2011.
- f8
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Section 122 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.
- f9
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Section 123 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.
- f10
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Part 1 of Schedule 5 was amended by paragraph 4 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraph 71 of Schedule 13 to the Localism Act 2011 and paragraph 76 of Schedule 6 to the Wales Act 2017.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Disapplication of legislative provisions
- 4Maintenance of drainage works
- Part 2: PRINCIPAL POWERS
- 5Development consent etc. granted by the Order
- 6Maintenance of authorised development
- 7Application of the 1990 Act
- 8Planning permission
- 9Limits of deviation
- 10Benefit of Order
- 11Consent to transfer benefit of Order
- Part 3: STREETS
- 12Application of the 1991 Act
- 13Construction and maintenance of new, altered or diverted streets and other structures
- 14Classification of roads, etc.
- 15Speed limits
- 16Power to alter layout etc. of streets
- 17Street Works
- 18Temporary alteration, diversion, prohibition and restriction of the use of streets
- 19Permanent stopping up and restriction of use of streets and private means of access
- 20Public rights of way
- 21Access to works
- 22Clearways, prohibitions and restrictions
- 23Traffic Regulation
- Part 4: SUPPLEMENTAL POWERS
- 24Discharge of water
- 25Protective work to buildings
- 26Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 27Compulsory acquisition of land
- 28Compulsory acquisition of land – incorporation of the mineral code
- 29Time limit for exercise of authority to acquire land compulsorily
- 30Compulsory acquisition of rights and imposition of restrictive covenants
- 31Private rights over land
- 32Power to override easements and other rights
- 33Disregard of certain interests and improvements
- 34Set-off for enhancement in value of retained land
- 35No double recovery
- 36Modification of Part 1 of the 1965 Act
- 37Application of the 1981 Act
- 38Acquisition of subsoil or airspace only
- 39Rights under or over streets
- 40Temporary use of land for carrying out the authorised development
- 41Temporary use of land for maintaining the authorised development
- 42Statutory undertakers
- 43Apparatus and rights of statutory undertakers in stopped up streets
- 44Recovery of costs of new connections
- 45Special category land
- Part 6: OPERATIONS
- 46Felling or lopping of trees and removal of hedgerows
- 47Trees subject to tree preservation orders, etc.
- Part 7: MISCELLANEOUS AND GENERAL
- 48Application of landlord and tenant law
- 49Operational land for purposes of the 1990 Act
- 50Defence to proceedings in respect of statutory nuisance
- 51Removal of human remains
- 52Crown Rights
- 53Use of private roads for construction
- 54Disapplication of local legislation
- 55Disapplication and modification of byelaws
- 56Use of land between Bury Lane and Station Road, Hatfield Peverel
- 57Use of consecrated land
- 58Protective provisions
- 59Certification of documents, etc.
- 60Service of notices
- 61Arbitration
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Second Iteration EMP
- 4Third Iteration EMP
- 5Landscaping
- 6Contaminated Land and groundwater
- 7Archaeology
- 8Protected species
- 9Traffic management
- 10Detailed design
- 11Surface and foul water drainage
- 12Flood risk assessment
- 13Noise mitigation
- 14Boreham operation phase traffic mitigation measures
- 15Messing operation phase traffic mitigation measures
- 16Operation phase local traffic monitoring
- 17Pre-commencement works
- 18Junction 21
- 19De-trunking
- 20Walking, cycling and horse-riding bridges
- 21Approvals and amendments to approved details
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 22Applications made under requirements
- 23Further information
- 24Register of requirements
- 25Anticipatory steps towards compliance with any requirement
- 26Timing of consultation
- 27Details of consultation
- Schedule 3: CLASSIFICATION OF ROADS, ETC.
- 1TRUNK ROADS
- 2CLASSIFIED A ROADS
- 3CLASSIFIED B ROADS
- 4CLASSIFIED C ROADS
- 5UNCLASSIFIED ROADS
- 6SPEED LIMITS
- 7VARIABLE SPEED LIMITS
- 8TRAFFIC REGULATION MEASURES (CLEARWAYS)
- 9TRAFFIC REGULATION MEASURES (PROHIBITIONS)
- 10TRAFFIC REGULATION MEASURES (NO ENTRY)
- 11TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)
- 12REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
- 13FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS
- 14ROADS TO BE DE-TRUNKED
- Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
- 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 3NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
- 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 5NEW PRIVATE MEANS OF ACCESS WHICH ARE TO BE PROVIDED
- 6PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- Schedule 5LAND IN WHICH NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
- 1Compensation enactments
- 2Compensation enactments
- 3Compensation enactments
- 4Application of Part 1 of the 1965 Act
- 5Application of Part 1 of the 1965 Act
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8: SPECIAL CATEGORY LAND
- 1SPECIAL CATEGORY LAND FOR WHICH REPLACEMENT LAND IS PROVIDED
- 2SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS PROVIDED
- 3SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS NOT PROVIDED
- 4REPLACEMENT LAND
- Schedule 9HEDGEROWS AND TREES
- 1REMOVAL OF IMPORTANT HEDGEROWS
- 2REMOVAL OF OTHER HEDGEROWS
- 3TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 10DISAPPLICATION AND MODIFICATION OF BYELAWS
- Schedule 11: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3On street apparatus
- 4Apparatus in stopped up streets
- 5Protective works to buildings
- 6Acquisition of land
- 7Removal of apparatus
- 8Facilities and rights for alternative apparatus
- 9Retained apparatus
- 10Expenses and costs
- 11Expenses and costs
- 12Co-operation
- 13Co-operation
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 3: FOR THE PROTECTION OF ANGLIAN WATER
- 18Application
- 19Interpretation
- 20On street apparatus
- 21Schedule of apparatus
- 22Apparatus in stopped up streets
- 23Protective works to buildings
- 24Acquisition of land
- 25Removal of apparatus
- 26Facilities and rights for alternative apparatus
- 27Retained apparatus
- 28Expenses and costs
- 29Expenses and costs
- 30Co-operation
- 31Co-operation
- 32Co-operation
- 33Co-operation
- Part 4: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC
- 34Application
- 35Interpretation
- 36Interpretation
- 37Apparatus of National Grid in stopped up streets
- 38Protective works to buildings
- 39Acquisition of land
- 40Removal of apparatus
- 41Facilities and rights for alternative apparatus
- 42Retained apparatus: protection of electricity undertaker
- 43Expenses
- 44Indemnity
- 45Enactments and agreements
- 46Co-operation
- 47Access
- 48Arbitration
- 49Notice
- Part 5: FOR THE PROTECTION OF CADENT AS GAS UNDERTAKER
- 50Application
- 51Interpretation
- 52On street apparatus
- 53Apparatus of Cadent in stopped up streets
- 54Protective works to buildings
- 55Acquisition of land
- 56Removal of apparatus
- 57Facilities and rights for alternative apparatus
- 58Retained apparatus: protection of Cadent
- 59Expenses
- 60Indemnity
- 61Enactments and agreements
- 62Co-operation
- 63Access
- 64Arbitration
- 65Notices
- Part 6: FOR THE PROTECTION OF RAILWAY INTERESTS
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- Schedule 12DOCUMENTS TO BE CERTIFIED
- Explanatory note