The A38 Derby Junctions Development Consent Order 2023
S.I. 2023/923 · Made 17 August 2023
Infrastructure Planning
Made 17th August 2023
Coming into force 7th September 2023
The application was examined by a Panel of two members (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The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, have submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 is satisfied that replacement land has been or will be given in exchange for the special category land (as defined in article 38(5) of this Order), and the replacement land (as defined in that article) has been or will be vested in the prospective seller 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 is satisfied that the special category (rights) land (as defined in article 38(5) of this Order), when burdened with any new rights authorised to be compulsorily acquired under this Order, will be no less advantageous than it was before 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, in exercise of the powers conferred by sections 114, 115f4, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5f5 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 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, 2019/734; modified by S.I. 2012/1659.
- f3
-
S.I. 2010/103, amended by S.I. 2012/635.
- f4
-
Section 115 was amended by section 160 of the Housing and Planning Act 2016 (c. 22).
- f5
-
Part 1 of Schedule 5 was amended by paragraph 4 of Part 1 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraph 71 of Part 1 of Schedule 13 to the Localism Act 2011.
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
- 7Planning permission
- 8Limits of deviation
- 9Benefit of Order
- 10Consent to transfer benefit of Order
- Part 3: STREETS
- 11Street works
- 12Application of the 1991 Act
- 13Construction and maintenance of new, altered or diverted streets and other structures
- 14Classification of roads, etc.
- 15Temporary stopping up and restriction of use of streets
- 16Permanent stopping up and restriction of use of streets and private means of access
- 17Access to works
- 18Clearways
- 19Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 20Discharge of water
- 21Protective works to buildings
- 22Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 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
- 27Public rights of way
- 28Private rights over land
- 29Modification of Part 1 of the 1965 Act
- 30Application of the 1981 Act
- 31Acquisition of subsoil or airspace only
- 32Rights under or over streets
- 33Temporary use of land for carrying out the authorised development
- 34Temporary use of land for maintaining the authorised development
- 35Statutory undertakers
- 36Apparatus and rights of statutory undertakers in stopped up streets
- 37Recovery of costs of new connections
- 38Special category land
- Part 6: OPERATIONS
- 39Felling or lopping of trees and removal of hedgerows
- 40Trees subject to tree preservation orders
- Part 7: MISCELLANEOUS AND GENERAL
- 41Application of landlord and tenant law
- 42Operational land for purposes of the 1990 Act
- 43Defence to proceedings in respect of statutory nuisance
- 44Protective provisions
- 45Crown Rights
- 46Certification of plans etc.
- 47Service of notices
- 48Arbitration
- 49Removal of human remains
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Construction Environmental Management Plan
- 4Details of consultation
- 5Landscaping
- 6Implementation and maintenance of landscaping
- 7Fencing
- 8Land and groundwater contamination
- 9Archaeology
- 10Protected species
- 11Traffic management
- 12Detailed design
- 13Surface and foul water drainage
- 14Flood compensation and storage
- 15Noise Mitigation
- 16Highway lighting
- 17Approvals and amendments to approved details
- 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
- 2DE-TRUNKED ROADS
- 3CLASSIFIED ROADS
- 4UNCLASSIFIED ROADS
- 5SPEED LIMITS
- 6TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
- 7REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
- 8PUBLIC RIGHTS OF WAY
- Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND 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 AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
- 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED
- Schedule 5LAND IN WHICH ONLY 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 8TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, 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 THE ENVIRONMENT AGENCY
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Part 4: FOR THE PROTECTION OF NETWORK RAIL
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- Part 5: FOR THE PROTECTION OF CADENT GAS LIMITED
- 49Application
- 50Interpretation
- 51On Street Apparatus
- 52Apparatus of Cadent in stopped up streets
- 53Protective works to buildings
- 54Acquisition of land
- 55Removal of apparatus
- 56Facilities and rights for alternative apparatus
- 57Retained apparatus: protection of Cadent
- 58Expenses
- 59Indemnity
- 60Enactments and agreements
- 61Co-operation
- 62Access
- 63Arbitration
- 64Notices
- Schedule 10DOCUMENTS TO BE CERTIFIED
- Explanatory note