# The A38 Derby Junctions Development Consent Order 2023, Article 8: Limits of deviation


In carrying out the authorised development the undertaker may—
(a) deviate laterally from the lines or situations of the authorised development shown on the works plans—
(i) to a maximum of 1 metre in respect of the A38 mainline carriageway and slip road works; and
(ii) to the extent of the limits of deviation shown on those plans and as assessed in the environmental statement for all other works;
(b) deviate vertically from the levels of the authorised development shown on the engineering section drawings to a maximum of 0.5 metres upwards or downwards with the exception of the following—
(i) in respect of the excavation of the flood compensation areas and the flood storage areas, to a maximum of 0.5 metres downwards but to any distance upwards to ground level;
(ii) in respect of Work No. 7 to a maximum of 1 metre upwards or downwards; and
(iii) in respect of Work No. 1(h), 1(k), 10(a), 10(b), 10(d), 10(e) and 11(a) to a maximum of 2 metres downwards measured from the top of the relevant work,
except that these maximum limits of vertical deviation do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority and the local highway authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

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Source: https://www.legislation.gov.uk/uksi/2023/923/article/8 (the official version)
Page: https://openlegislation.uk/a38-derby-junctions-development-consent-order-2023/article-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.