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The A303 Sparkford to Ilchester Dualling Development Consent Order 2021

S.I. 2021/125 · Made 29 January 2021 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 3 May 2023.

Infrastructure Planning

Made 29th January 2021

Coming into force 19th February 2021

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 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The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74 of the 2008 Act, has submitted a report and recommendation to the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.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 and 123 of, and paragraphs 1 to 3, 10 to 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, S.I. 2017/572, S.I. 2018/378, S.I. 2019/734 and S.I. 2020/764.

M3

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

M4

Section 115 was also amended by section 160 of the Housing and Planning Act 2016 (c. 22).

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. 7Planning permission
  10. 8Limits of deviation
  11. 9Benefit of Order
  12. 10Consent to transfer benefit of Order
  13. Part 3: STREETS
  14. 11Street works
  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. 15Temporary stopping up and restriction of use of streets and highways
  19. 16Permanent stopping up and restriction of use of highways, streets and private means of access
  20. 17Creation or improvement of means of access to works
  21. 18Clearways, prohibitions and restrictions
  22. 19Traffic regulation
  23. Part 4: SUPPLEMENTAL POWERS
  24. 20Discharge of water
  25. 21Protective works to buildings
  26. 22Authority to survey and investigate the land
  27. Part 5: POWERS OF ACQUISITION
  28. 23Compulsory acquisition of land
  29. 24Compulsory acquisition of land – incorporation of the mineral code
  30. 25Time limit for exercise of authority to acquire land compulsorily
  31. 26Compulsory acquisition of rights
  32. 27Public rights of way
  33. 28Private rights over land
  34. 29Modification of Part 1 of the 1965 Act
  35. 30Application of the 1981 Act
  36. 31Acquisition of subsoil or airspace only
  37. 32Rights under or over streets
  38. 33Temporary use of land for carrying out the authorised development
  39. 34Temporary use of land for maintaining the authorised development
  40. 35Statutory undertakers
  41. 36Apparatus and rights of statutory undertakers in stopped up streets
  42. 37Recovery of costs of new connections
  43. Part 6: OPERATIONS
  44. 38Felling or lopping of trees and removal of hedgerows
  45. Part 7: MISCELLANEOUS AND GENERAL
  46. 39Application of landlord and tenant law
  47. 40Operational land for purposes of the 1990 Act
  48. 41Defence to proceedings in respect of statutory nuisance
  49. 42Protective provisions
  50. 43Certification of plans etc.
  51. 44Service of notices
  52. 45Arbitration
  53. 46Removal of human remains
  54. 47Crown rights
  55. Signature
  56. Schedule 1: AUTHORISED DEVELOPMENT
  57. Paragraph
  58. Paragraph
  59. Paragraph
  60. Paragraph
  61. Paragraph
  62. Paragraph
  63. Paragraph
  64. Paragraph
  65. Paragraph
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  163. Paragraph
  164. Paragraph
  165. Paragraph
  166. Paragraph
  167. Schedule 2: REQUIREMENTS
  168. Part 1: REQUIREMENTS
  169. 1Interpretation
  170. 2Time limits
  171. 3Construction Environmental Management Plan
  172. 4Landscape and ecological management plan
  173. 5Details of consultation
  174. 6Landscaping
  175. 7Implementation and maintenance of landscaping
  176. 8Land and groundwater contamination
  177. 9Archaeology
  178. 10Ecology, Priority and Protected species
  179. 11Traffic management
  180. 12Detailed design
  181. 13Surface water drainage
  182. 14Noise mitigation
  183. 15Highway lighting
  184. 16Delivery approach plan
  185. 17Provision of non-motorised user route at western end
  186. 18No through road signs for Traits Lane and Gason Lane
  187. 19Speed limit on B3151
  188. 20Traffic monitoring and mitigation in Sparkford
  189. 21Approvals and amendments to approved details
  190. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  191. 22Applications made under requirements
  192. 23Further information
  193. 24Register of requirements
  194. 25Anticipatory steps towards compliance with any requirement
  195. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  196. Part 1: TRUNK ROADS
  197. Paragraph
  198. 2AROADS TO BE DE-TRUNKED AND VESTED IN SOMERSET COUNTY COUNCIL
  199. 2BROADS TO BE DE-TRUNKED AND REMAIN UNDER THE CONTROL AND MANAGEMENT OF THE UNDERTAKER
  200. Part 3: CLASSIFIED A ROADS
  201. Paragraph
  202. Part 4: CLASSIFIED B ROADS
  203. Paragraph
  204. Part 5: UNCLASSIFIED ROADS
  205. Paragraph
  206. 6SPEED LIMITS
  207. 7TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  208. 8TRAFFIC REGULATION MEASURES (WEIGHT RESTRICTIONS)
  209. 9TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)
  210. 10REVOCATIONS AND VARIATIONS OF ORDERS
  211. 11PUBLIC RIGHTS OF WAY
  212. Part 12: NOTIFICATION OF DATES TO BE DETERMINED
  213. 26Paragraph 26
  214. Schedule 4: PERMANENT STOPPING UP AND ALTERATION OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  215. Paragraph
  216. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  217. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  218. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  219. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  220. 5ALTERATIONS TO PRIVATE MEANS OF ACCESS
  221. 6NEW PRIVATE MEANS OF ACCESS
  222. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE PERMANENTLYACQUIRED
  223. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  224. Part: Compensation enactments
  225. 1Paragraph 1
  226. 2Paragraph 2
  227. 3Paragraph 3
  228. 4Application of Part 1 of the 1965 Act
  229. 5Paragraph 5
  230. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  231. Schedule 8: PROTECTIVE PROVISIONS
  232. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  233. 1Paragraph 1
  234. 2Paragraph 2
  235. 3On street apparatus
  236. 4Apparatus in stopped up streets
  237. 5Protective works to buildings
  238. 6Acquisition of land
  239. 7Removal of apparatus
  240. 8Facilities and rights for alternative apparatus
  241. 9Retained apparatus
  242. 10Expenses and costs
  243. 11Paragraph 11
  244. 12Cooperation
  245. 13Paragraph 13
  246. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  247. 14Paragraph 14
  248. 15Paragraph 15
  249. 16Paragraph 16
  250. 17Paragraph 17
  251. Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
  252. 18Paragraph 18
  253. 19Paragraph 19
  254. 20Paragraph 20
  255. 21Paragraph 21
  256. 22Paragraph 22
  257. 23Paragraph 23
  258. 24Paragraph 24
  259. 25Paragraph 25
  260. 26Paragraph 26
  261. 27Paragraph 27
  262. 28Paragraph 28
  263. Part 4: FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING VEHICULAR HIGHWAYS
  264. 29Paragraph 29
  265. 30Paragraph 30
  266. 31Paragraph 31
  267. 32Paragraph 32
  268. 33Paragraph 33
  269. 34Paragraph 34
  270. 35Paragraph 35
  271. 36Paragraph 36
  272. 37Paragraph 37
  273. 38Paragraph 38
  274. 39Paragraph 39
  275. 40Paragraph 40
  276. 41Paragraph 41
  277. 42Paragraph 42
  278. 43Paragraph 43
  279. 44Paragraph 44
  280. 45Paragraph 45
  281. 46Paragraph 46
  282. 47Paragraph 47
  283. 48Paragraph 48
  284. 49Paragraph 49
  285. 50Paragraph 50
  286. 51Paragraph 51
  287. 52Paragraph 52
  288. Part 5: FOR THE PROTECTION OF THE LOCAL HIGHWAY AUTHORITY REGARDING NON- VEHICULAR HIGHWAYS
  289. 53Paragraph 53
  290. 54Paragraph 54
  291. 55Paragraph 55
  292. 56Paragraph 56
  293. 57Paragraph 57
  294. 58Paragraph 58
  295. 59Paragraph 59
  296. 60Paragraph 60
  297. 61Paragraph 61
  298. 62Paragraph 62
  299. 63Paragraph 63
  300. Schedule 9: DOCUMENTS TO BE CERTIFIED
  301. Paragraph
  302. 1CLASSIFICATION OF ROADS PLANS
  303. 2DE-TRUNKING PLANS
  304. 3THE ENGINEERING SECTIONS
  305. 4THE ENVIRONMENTAL STATEMENT
  306. 5GENERAL ARRANGEMENT PLANS
  307. 6LAND PLANS, CROWN LAND PLAN AND BOOK OF REFERENCE
  308. 7PERMANENT SPEED LIMITS PLANS
  309. 8RIGHTS OF WAY AND ACCESS PLANS
  310. 9TRAFFIC REGULATION MEASURES PLANS
  311. 10WORKS PLANS
  312. 11OTHER DOCUMENTS
  313. Explanatory note