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The A12 Chelmsford to A120 Widening Development Consent Order 2024

S.I. 2024/60 · Made 12 January 2024 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 25 April 2025.

Infrastructure Planning

Made 12th January 2024

Coming into force 9th February 2024

An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f2 for an Order granting development consent.

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The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the Panel, has decided to make an Order granting development consent for the development described in the application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

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

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

S.I. 2010/103, amended by S.I. 2012/635.

f4

Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011 (c. 20).

f5

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

Section 117 was amended by paragraph 58 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

f7

Section 120 was amended by section 140 and paragraph 60 of Schedule 13 to the Localism Act 2011.

f8

Section 122 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

f9

Section 123 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

f10

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

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Disapplication of legislative provisions
  5. 4Maintenance of drainage works
  6. Part 2: PRINCIPAL POWERS
  7. 5Development consent etc. granted by the Order
  8. 6Maintenance of authorised development
  9. 7Application of the 1990 Act
  10. 8Planning permission
  11. 9Limits of deviation
  12. 10Benefit of Order
  13. 11Consent to transfer benefit of Order
  14. Part 3: STREETS
  15. 12Application of the 1991 Act
  16. 13Construction and maintenance of new, altered or diverted streets and other structures
  17. 14Classification of roads, etc.
  18. 15Speed limits
  19. 16Power to alter layout etc. of streets
  20. 17Street Works
  21. 18Temporary alteration, diversion, prohibition and restriction of the use of streets
  22. 19Permanent stopping up and restriction of use of streets and private means of access
  23. 20Public rights of way
  24. 21Access to works
  25. 22Clearways, prohibitions and restrictions
  26. 23Traffic Regulation
  27. Part 4: SUPPLEMENTAL POWERS
  28. 24Discharge of water
  29. 25Protective work to buildings
  30. 26Authority to survey and investigate the land
  31. Part 5: POWERS OF ACQUISITION
  32. 27Compulsory acquisition of land
  33. 28Compulsory acquisition of land – incorporation of the mineral code
  34. 29Time limit for exercise of authority to acquire land compulsorily
  35. 30Compulsory acquisition of rights and imposition of restrictive covenants
  36. 31Private rights over land
  37. 32Power to override easements and other rights
  38. 33Disregard of certain interests and improvements
  39. 34Set-off for enhancement in value of retained land
  40. 35No double recovery
  41. 36Modification of Part 1 of the 1965 Act
  42. 37Application of the 1981 Act
  43. 38Acquisition of subsoil or airspace only
  44. 39Rights under or over streets
  45. 40Temporary use of land for carrying out the authorised development
  46. 41Temporary use of land for maintaining the authorised development
  47. 42Statutory undertakers
  48. 43Apparatus and rights of statutory undertakers in stopped up streets
  49. 44Recovery of costs of new connections
  50. 45Special category land
  51. Part 6: OPERATIONS
  52. 46Felling or lopping of trees and removal of hedgerows
  53. 47Trees subject to tree preservation orders, etc.
  54. Part 7: MISCELLANEOUS AND GENERAL
  55. 48Application of landlord and tenant law
  56. 49Operational land for purposes of the 1990 Act
  57. 50Defence to proceedings in respect of statutory nuisance
  58. 51Removal of human remains
  59. 52Crown Rights
  60. 53Use of private roads for construction
  61. 54Disapplication of local legislation
  62. 55Disapplication and modification of byelaws
  63. 56Use of land between Bury Lane and Station Road, Hatfield Peverel
  64. 57Use of consecrated land
  65. 58Protective provisions
  66. 59Certification of documents, etc.
  67. 60Service of notices
  68. 61Arbitration
  69. Signature
  70. Schedule 1AUTHORISED DEVELOPMENT
  71. Schedule 2: REQUIREMENTS
  72. Part 1: REQUIREMENTS
  73. 1Interpretation
  74. 2Time limits
  75. 3Second Iteration EMP
  76. 4Third Iteration EMP
  77. 5Landscaping
  78. 6Contaminated Land and groundwater
  79. 7Archaeology
  80. 8Protected species
  81. 9Traffic management
  82. 10Detailed design
  83. 11Surface and foul water drainage
  84. 12Flood risk assessment
  85. 13Noise mitigation
  86. 14Boreham operation phase traffic mitigation measures
  87. 15Messing operation phase traffic mitigation measures
  88. 16Operation phase local traffic monitoring
  89. 17Pre-commencement works
  90. 18Junction 21
  91. 19De-trunking
  92. 20Walking, cycling and horse-riding bridges
  93. 21Approvals and amendments to approved details
  94. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  95. 22Applications made under requirements
  96. 23Further information
  97. 24Register of requirements
  98. 25Anticipatory steps towards compliance with any requirement
  99. 26Timing of consultation
  100. 27Details of consultation
  101. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  102. 1TRUNK ROADS
  103. 2CLASSIFIED A ROADS
  104. 3CLASSIFIED B ROADS
  105. 4CLASSIFIED C ROADS
  106. 5UNCLASSIFIED ROADS
  107. 6SPEED LIMITS
  108. 7VARIABLE SPEED LIMITS
  109. 8TRAFFIC REGULATION MEASURES (CLEARWAYS)
  110. 9TRAFFIC REGULATION MEASURES (PROHIBITIONS)
  111. 10TRAFFIC REGULATION MEASURES (NO ENTRY)
  112. 11TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)
  113. 12REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  114. 13FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS
  115. 14ROADS TO BE DE-TRUNKED
  116. Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  117. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  118. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  119. 3NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  120. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  121. 5NEW PRIVATE MEANS OF ACCESS WHICH ARE TO BE PROVIDED
  122. 6PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  123. Schedule 5LAND IN WHICH NEW RIGHTS ETC. MAY BE ACQUIRED
  124. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  125. 1Compensation enactments
  126. 2Compensation enactments
  127. 3Compensation enactments
  128. 4Application of Part 1 of the 1965 Act
  129. 5Application of Part 1 of the 1965 Act
  130. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  131. Schedule 8: SPECIAL CATEGORY LAND
  132. 1SPECIAL CATEGORY LAND FOR WHICH REPLACEMENT LAND IS PROVIDED
  133. 2SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS PROVIDED
  134. 3SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS NOT PROVIDED
  135. 4REPLACEMENT LAND
  136. Schedule 9HEDGEROWS AND TREES
  137. 1REMOVAL OF IMPORTANT HEDGEROWS
  138. 2REMOVAL OF OTHER HEDGEROWS
  139. 3TREES SUBJECT TO TREE PRESERVATION ORDERS
  140. Schedule 10DISAPPLICATION AND MODIFICATION OF BYELAWS
  141. Schedule 11: PROTECTIVE PROVISIONS
  142. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  143. 1Paragraph 1
  144. 2Paragraph 2
  145. 3On street apparatus
  146. 4Apparatus in stopped up streets
  147. 5Protective works to buildings
  148. 6Acquisition of land
  149. 7Removal of apparatus
  150. 8Facilities and rights for alternative apparatus
  151. 9Retained apparatus
  152. 10Expenses and costs
  153. 11Expenses and costs
  154. 12Co-operation
  155. 13Co-operation
  156. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  157. 14Paragraph 14
  158. 15Paragraph 15
  159. 16Paragraph 16
  160. 17Paragraph 17
  161. Part 3: FOR THE PROTECTION OF ANGLIAN WATER
  162. 18Application
  163. 19Interpretation
  164. 20On street apparatus
  165. 21Schedule of apparatus
  166. 22Apparatus in stopped up streets
  167. 23Protective works to buildings
  168. 24Acquisition of land
  169. 25Removal of apparatus
  170. 26Facilities and rights for alternative apparatus
  171. 27Retained apparatus
  172. 28Expenses and costs
  173. 29Expenses and costs
  174. 30Co-operation
  175. 31Co-operation
  176. 32Co-operation
  177. 33Co-operation
  178. Part 4: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC
  179. 34Application
  180. 35Interpretation
  181. 36Interpretation
  182. 37Apparatus of National Grid in stopped up streets
  183. 38Protective works to buildings
  184. 39Acquisition of land
  185. 40Removal of apparatus
  186. 41Facilities and rights for alternative apparatus
  187. 42Retained apparatus: protection of electricity undertaker
  188. 43Expenses
  189. 44Indemnity
  190. 45Enactments and agreements
  191. 46Co-operation
  192. 47Access
  193. 48Arbitration
  194. 49Notice
  195. Part 5: FOR THE PROTECTION OF CADENT AS GAS UNDERTAKER
  196. 50Application
  197. 51Interpretation
  198. 52On street apparatus
  199. 53Apparatus of Cadent in stopped up streets
  200. 54Protective works to buildings
  201. 55Acquisition of land
  202. 56Removal of apparatus
  203. 57Facilities and rights for alternative apparatus
  204. 58Retained apparatus: protection of Cadent
  205. 59Expenses
  206. 60Indemnity
  207. 61Enactments and agreements
  208. 62Co-operation
  209. 63Access
  210. 64Arbitration
  211. 65Notices
  212. Part 6: FOR THE PROTECTION OF RAILWAY INTERESTS
  213. 66Paragraph 66
  214. 67Paragraph 67
  215. 68Paragraph 68
  216. 69Paragraph 69
  217. 70Paragraph 70
  218. 71Paragraph 71
  219. 72Paragraph 72
  220. 73Paragraph 73
  221. 74Paragraph 74
  222. 75Paragraph 75
  223. 76Paragraph 76
  224. 77Paragraph 77
  225. 78Paragraph 78
  226. 79Paragraph 79
  227. 80Paragraph 80
  228. 81Paragraph 81
  229. 82Paragraph 82
  230. 83Paragraph 83
  231. 84Paragraph 84
  232. 85Paragraph 85
  233. 86Paragraph 86
  234. 87Paragraph 87
  235. Schedule 12DOCUMENTS TO BE CERTIFIED
  236. Explanatory note