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The A417 Missing Link Development Consent Order 2022

S.I. 2022/1248 · Made 16 November 2022

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Infrastructure Planning

Made 16th November 2022

Coming into force 7th December 2022

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 a 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 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The panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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 is satisfied that replacement land has been or will be given in exchange for the common land (as defined in article 39 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 attached to the common land, and that, accordingly, section 131(4) of the 2008 Act applies.

The Secretary of State is satisfied that the land plots identified in the special category land plans and the book of reference as open space authorised to be permanently compulsorily acquired under this Order are required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway, and that the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public and that, accordingly, section 131(5) of the 2008 Act applies.

The Secretary of State is satisfied that the land identified in the special category land plans and the book of reference as open space over which rights may be acquired compulsorily under 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 114f4, 115f5, 117f6, 120f7, 122f8 and 123f9 of, and paragraphs 1 to 4, 10 to 17, 19 to 23, 33, 36 and 37 of Part 1 of Schedule 5 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, S.I. 2019/734 and S.I. 2020/1534.

f3

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

f4

Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f5

Section 115 was amended by paragraph 56 of Part 2 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 and section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

f6

Section 117 was amended by paragraph 58 of Part 1 of Schedule 13, and Part 20 of Schedule 25 to, the Localism Act 2011.

f7

Section 120 was amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011.

f8

Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

f9

Section 123 was amended by paragraph 62 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. 20Cotswold Way national trail
  24. Part 4: SUPPLEMENTAL POWERS
  25. 21Discharge of water
  26. 22Protective works to buildings
  27. 23Authority to survey and investigate the land
  28. Part 5: POWERS OF ACQUISITION
  29. 24Compulsory acquisition of land
  30. 25Compulsory acquisition of land – incorporation of the mineral code
  31. 26Time limit for exercise of authority to acquire land compulsorily
  32. 27Compulsory acquisition of rights and restrictive covenants
  33. 28Public rights of way
  34. 29Private rights over land
  35. 30Modification of Part 1 of the 1965 Act
  36. 31Application of the 1981 Act
  37. 32Acquisition of subsoil or airspace only
  38. 33Rights under or over streets
  39. 34Temporary use of land for carrying out the authorised development
  40. 35Temporary use of land for maintaining the authorised development
  41. 36Statutory undertakers
  42. 37Apparatus and rights of statutory undertakers in stopped up streets
  43. 38Recovery of costs of new connections
  44. 39Special category land
  45. Part 6: OPERATIONS
  46. 40Felling or lopping of trees and removal of hedgerows
  47. 41Removal of human remains
  48. Part 7: MISCELLANEOUS AND GENERAL
  49. 42Application of landlord and tenant law
  50. 43Operational land for purposes of the 1990 Act
  51. 44Defence to proceedings in respect of statutory nuisance
  52. 45Protective provisions
  53. 46Certification of plans etc.
  54. 47Service of notices
  55. 48Arbitration
  56. Signature
  57. Schedule 1AUTHORISED DEVELOPMENT
  58. Schedule 2: REQUIREMENTS
  59. Part 1: REQUIREMENTS
  60. 1Interpretation
  61. 2Time limits
  62. 3Environmental Management Plan (Construction Stage)
  63. 4Details of consultation
  64. 5Landscaping
  65. 6Implementation and maintenance of landscaping
  66. 7Fencing
  67. 8Land and groundwater contamination
  68. 9Archaeology
  69. 10Protected species
  70. 11Detailed design
  71. 12Surface and foul water drainage
  72. 13Noise Mitigation
  73. 14Approvals and amendments to approved details
  74. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  75. 15Applications made under requirements
  76. 16Further information
  77. 17Register of requirements
  78. 18Anticipatory steps towards compliance with any requirement
  79. Schedule 3CLASSIFICATION OF ROADS, ETC.
  80. 1TRUNK ROADS
  81. 2ROADS TO BE DE-TRUNKED
  82. 3CLASSIFIED ROADS
  83. 4UNCLASSIFIED ROADS
  84. 5SPEED LIMITS
  85. 6TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  86. 7REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  87. 8PUBLIC RIGHTS OF WAY
  88. Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  89. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  90. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  91. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  92. 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
  93. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  94. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  95. Compensation enactments
  96. 1Paragraph 1
  97. 2Paragraph 2
  98. 3Paragraph 3
  99. Application of Part 1 of the 1965 Act
  100. 4Paragraph 4
  101. 5Paragraph 5
  102. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  103. Schedule 8: PROTECTIVE PROVISIONS
  104. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  105. 1Paragraph 1
  106. 2Paragraph 2
  107. 3On street apparatus
  108. 4Apparatus in stopped up streets
  109. 5Protective works to buildings
  110. 6Acquisition of land
  111. 7Removal of apparatus
  112. 8Facilities and rights for alternative apparatus
  113. 9Retained apparatus
  114. 10Expenses and costs
  115. 11Expenses and costs
  116. 12Cooperation
  117. 13Cooperation
  118. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  119. 14Paragraph 14
  120. 15Paragraph 15
  121. 16Paragraph 16
  122. 17Paragraph 17
  123. 18Paragraph 18
  124. 19Paragraph 19
  125. Schedule 9DOCUMENTS TO BE CERTIFIED
  126. Explanatory note