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The A38 Derby Junctions Development Consent Order 2023

S.I. 2023/923 · Made 17 August 2023

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Infrastructure Planning

Made 17th August 2023

Coming into force 7th September 2023

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 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The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, have submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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

  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
  19. 16Permanent stopping up and restriction of use of streets and private means of access
  20. 17Access to works
  21. 18Clearways
  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. 38Special category land
  44. Part 6: OPERATIONS
  45. 39Felling or lopping of trees and removal of hedgerows
  46. 40Trees subject to tree preservation orders
  47. Part 7: MISCELLANEOUS AND GENERAL
  48. 41Application of landlord and tenant law
  49. 42Operational land for purposes of the 1990 Act
  50. 43Defence to proceedings in respect of statutory nuisance
  51. 44Protective provisions
  52. 45Crown Rights
  53. 46Certification of plans etc.
  54. 47Service of notices
  55. 48Arbitration
  56. 49Removal of human remains
  57. Signature
  58. Schedule 1AUTHORISED DEVELOPMENT
  59. Schedule 2: REQUIREMENTS
  60. Part 1: REQUIREMENTS
  61. 1Interpretation
  62. 2Time limits
  63. 3Construction Environmental Management Plan
  64. 4Details of consultation
  65. 5Landscaping
  66. 6Implementation and maintenance of landscaping
  67. 7Fencing
  68. 8Land and groundwater contamination
  69. 9Archaeology
  70. 10Protected species
  71. 11Traffic management
  72. 12Detailed design
  73. 13Surface and foul water drainage
  74. 14Flood compensation and storage
  75. 15Noise Mitigation
  76. 16Highway lighting
  77. 17Approvals and amendments to approved details
  78. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  79. 18Applications made under requirements
  80. 19Further information
  81. 20Register of requirements
  82. 21Anticipatory steps towards compliance with any requirement
  83. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  84. 1TRUNK ROADS
  85. 2DE-TRUNKED ROADS
  86. 3CLASSIFIED ROADS
  87. 4UNCLASSIFIED ROADS
  88. 5SPEED LIMITS
  89. 6TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  90. 7REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  91. 8PUBLIC RIGHTS OF WAY
  92. Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  93. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  94. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  95. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  96. 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
  97. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  98. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  99. 1Compensation enactments
  100. 2Compensation enactments
  101. 3Compensation enactments
  102. 4Application of Part 1 of the 1965 Act
  103. 5Application of Part 1 of the 1965 Act
  104. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  105. Schedule 8TREES SUBJECT TO TREE PRESERVATION ORDERS
  106. Schedule 9: PROTECTIVE PROVISIONS
  107. Part 1: FOR THE PROTECTION OF ELECTRICITY, WATER AND SEWERAGE UNDERTAKERS
  108. 1Paragraph 1
  109. 2Paragraph 2
  110. 3On street apparatus
  111. 4Apparatus in stopped up streets
  112. 5Protective works to buildings
  113. 6Acquisition of land
  114. 7Removal of apparatus
  115. 8Facilities and rights for alternative apparatus
  116. 9Retained apparatus
  117. 10Expenses and costs
  118. 11Expenses and costs
  119. 12Co-operation
  120. 13Co-operation
  121. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  122. 14Paragraph 14
  123. 15Paragraph 15
  124. 16Paragraph 16
  125. 17Paragraph 17
  126. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  127. 18Paragraph 18
  128. 19Paragraph 19
  129. 20Paragraph 20
  130. 21Paragraph 21
  131. 22Paragraph 22
  132. 23Paragraph 23
  133. 24Paragraph 24
  134. 25Paragraph 25
  135. 26Paragraph 26
  136. 27Paragraph 27
  137. 28Paragraph 28
  138. Part 4: FOR THE PROTECTION OF NETWORK RAIL
  139. 29Paragraph 29
  140. 30Paragraph 30
  141. 31Paragraph 31
  142. 32Paragraph 32
  143. 33Paragraph 33
  144. 34Paragraph 34
  145. 35Paragraph 35
  146. 36Paragraph 36
  147. 37Paragraph 37
  148. 38Paragraph 38
  149. 39Paragraph 39
  150. 40Paragraph 40
  151. 41Paragraph 41
  152. 42Paragraph 42
  153. 43Paragraph 43
  154. 44Paragraph 44
  155. 45Paragraph 45
  156. 46Paragraph 46
  157. 47Paragraph 47
  158. 48Paragraph 48
  159. Part 5: FOR THE PROTECTION OF CADENT GAS LIMITED
  160. 49Application
  161. 50Interpretation
  162. 51On Street Apparatus
  163. 52Apparatus of Cadent in stopped up streets
  164. 53Protective works to buildings
  165. 54Acquisition of land
  166. 55Removal of apparatus
  167. 56Facilities and rights for alternative apparatus
  168. 57Retained apparatus: protection of Cadent
  169. 58Expenses
  170. 59Indemnity
  171. 60Enactments and agreements
  172. 61Co-operation
  173. 62Access
  174. 63Arbitration
  175. 64Notices
  176. Schedule 10DOCUMENTS TO BE CERTIFIED
  177. Explanatory note