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The A19/A184 Testo's Junction Alteration Development Consent Order 2018

S.I. 2018/994 · Made 12 September 2018 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 6 August 2020.

Infrastructure Planning

Made 12th September 2018

Coming into force 3rd October 2018

An application has been made to the Secretary of State, under section 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 examined by a single appointed person (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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 15, 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

Annotations to the whole text

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 and S.I 2017/572.

M3

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

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Maintenance of drainage works
  8. 6Limits of deviation
  9. 7Benefit of Order
  10. 8Consent to transfer benefit of Order
  11. Part 3: STREETS
  12. 9Application of the 1991 Act
  13. 10Construction and maintenance of new, altered or diverted streets
  14. 11Classification of roads, etc.
  15. 12Temporary stopping up and restriction of use of streets
  16. 13Permanent stopping up and restriction of use of streets and private means of access
  17. 14Access to works
  18. 15Clearways
  19. 16Traffic regulation
  20. Part 4: SUPPLEMENTAL POWERS
  21. 17Discharge of water
  22. 18Protective work to buildings
  23. 19Authority to survey and investigate the land
  24. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  25. 20Compulsory acquisition of land
  26. 21Compulsory acquisition of land – incorporation of the mineral code
  27. 22Time limit for exercise of authority to acquire land compulsorily
  28. 23Compulsory acquisition of rights and restrictive covenants
  29. 24Private rights over land
  30. 25Modification of Part 1 of the 1965 Act
  31. 26Application of the 1981 Act
  32. 27Acquisition of subsoil or airspace only
  33. 28Rights under or over streets
  34. 29Temporary use of land for carrying out the authorised development
  35. 30Temporary use of land for maintaining the authorised development
  36. 31Statutory undertakers
  37. 32Apparatus and rights of statutory undertakers in stopped up streets
  38. 33Recovery of costs of new connections
  39. Part 6: OPERATIONS
  40. 34Felling or lopping of trees and removal of hedgerows
  41. 35Trees subject to tree preservation orders
  42. Part 7: MISCELLANEOUS AND GENERAL
  43. 36Application of landlord and tenant law
  44. 37Operational land for purposes of the Town and Country Planning Act 1990
  45. 38Defence to proceedings in respect of statutory nuisance
  46. 39Protection of interests
  47. 40Certification of documents, etc.
  48. 41Service of notices
  49. 42Arbitration
  50. Signature
  51. Schedule 1: AUTHORISED DEVELOPMENT
  52. Paragraph
  53. Paragraph
  54. Paragraph
  55. Paragraph
  56. Paragraph
  57. Paragraph Repealed
  58. Paragraph
  59. Paragraph
  60. Paragraph
  61. Paragraph
  62. Paragraph
  63. Paragraph
  64. Paragraph
  65. Paragraph
  66. Paragraph
  67. Paragraph
  68. Paragraph
  69. Paragraph
  70. Paragraph
  71. Paragraph
  72. Paragraph
  73. Paragraph
  74. Paragraph
  75. Paragraph
  76. Paragraph
  77. Paragraph
  78. Paragraph
  79. Paragraph
  80. Paragraph
  81. Paragraph
  82. Paragraph
  83. Paragraph
  84. Paragraph
  85. Paragraph
  86. Schedule 2: REQUIREMENTS
  87. Part 1: REQUIREMENTS
  88. 1Interpretation
  89. 2Time limits
  90. 3Detailed design
  91. 4Construction and handover environmental management plans
  92. 5Landscaping
  93. 6Contaminated land and groundwater
  94. 7Protected species
  95. 8Surface and foul water drainage
  96. 9Archaeological remains
  97. 10Traffic management
  98. 11Amendments to approved details
  99. 12Fencing
  100. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  101. 13Applications made under requirements
  102. 14Further information
  103. 15Register of requirements
  104. 16Anticipatory steps towards compliance with any requirement
  105. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  106. 1TRUNK ROADS
  107. 2CLASSIFIED ROADS
  108. 3OTHER PUBLIC RIGHTS OF WAY
  109. Schedule 4: PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS
  110. 1PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  111. 2PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  112. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  113. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  114. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  115. Part: Compensation enactments
  116. 1Paragraph 1
  117. 2Paragraph 2
  118. 3Paragraph 3
  119. Part: Application of Part 1 of the 1965 Act
  120. 4Paragraph 4
  121. 5Paragraph 5
  122. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  123. Schedule 8TREES SUBJECT TO TREE PRESERVATION ORDERS
  124. Schedule 9: PROTECTIVE PROVISIONS
  125. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. On street apparatus
  129. 3Paragraph 3
  130. Apparatus in stopped up streets
  131. 4Paragraph 4
  132. Protective works to buildings
  133. 5Paragraph 5
  134. Acquisition of land
  135. 6Paragraph 6
  136. Removal of apparatus
  137. 7Paragraph 7
  138. Facilities and rights for alternative apparatus
  139. 8Paragraph 8
  140. Retained apparatus
  141. 9Paragraph 9
  142. Expenses and costs
  143. 10Paragraph 10
  144. 11Paragraph 11
  145. Cooperation
  146. 12Paragraph 12
  147. 13Paragraph 13
  148. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  149. 14Paragraph 14
  150. 15Paragraph 15
  151. 16Paragraph 16
  152. 17Paragraph 17
  153. Schedule 10: DOCUMENTS TO BE CERTIFIED
  154. Paragraph
  155. Explanatory note