The A428 Black Cat to Caxton Gibbet Development Consent Order 2022
S.I. 2022/934 · Made 18 August 2022 · Extends to England and Wales
Infrastructure Planning
Made 18th August 2022
Coming into force 8th September 2022
The application was examined by a Panel of three 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 2010f3.
The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the panel, has decided to make an Order granting development consent for the development described in the application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 114f4, 115f5, 117f6, 120f7, 122f8 and 123 of, and paragraphs 1 to 3, 10 to 15, 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
Footnotes
- f1
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2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
- f2
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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
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S.I. 2010/103, amended by S.I. 2012/635.
- f4
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Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.
- f5
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Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
- f6
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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
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Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.
- f8
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Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Disapplication of legislative provisions
- Part 2: PRINCIPAL POWERS
- 4Development consent etc. granted by the Order
- 5Maintenance of authorised development
- 6Application of the 1990 Act
- 7Planning permission
- 8Limits of deviation
- 9Benefit of Order
- 10Consent to transfer benefit of Order
- Part 3: STREETS
- 11Application of the 1991 Act
- 12Construction and maintenance of new, altered or diverted streets and other structures
- 13Classification of roads, etc.
- 14Power to alter layout etc. of streets
- 15Street works
- 16Temporary alteration, diversion, prohibition and restriction of the use of streets
- 17Permanent stopping up and restriction of use of streets and private means of access
- 18Access to works
- 19Clearways, prohibitions and restrictions
- Part 4: SUPPLEMENTAL POWERS
- 20Discharge of water
- 21Protective work to buildings
- 22Authority to survey and investigate the land
- 23Maintenance of drainage works
- Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
- 24Compulsory acquisition of land
- 25Compulsory acquisition of land – incorporation of the mineral code
- 26Time limit for exercise of authority to acquire land compulsorily
- 27Compulsory acquisition of rights and imposition of restrictive covenants
- 28Public rights of way
- 29Private rights over land
- 30Power to override easements and other rights
- 31Disregard of certain interests and improvements
- 32Set-off for enhancement in value of retained land
- 33Modification of Part 1 of the 1965 Act
- 34Application of the 1981 Act
- 35Acquisition of subsoil or airspace only
- 36Rights under or over streets
- 37Temporary use of land for carrying out the authorised development
- 38Temporary use of land for maintaining the authorised development
- 39Statutory undertakers
- 40Apparatus and rights of statutory undertakers in stopped up streets
- 41Recovery of costs of new connections
- Part 6: OPERATIONS
- 42Felling or lopping of trees and removal of hedgerows
- 43Trees subject to tree preservation orders
- Part 7: MISCELLANEOUS AND GENERAL
- 44Application of landlord and tenant law
- 45Operational land for purposes of the 1990 Act
- 46Defence to proceedings in respect of statutory nuisance
- 47Protective provisions
- 48Certification of documents, etc.
- 49Service of notices
- 50Arbitration
- 51Traffic regulation
- 52Removal of human remains
- 53Crown rights
- 54Works in the River Great Ouse
- 55The Cadent Diversion Works
- 56Use of private roads for construction
- Signature
- Schedule 1
- 1AUTHORISED DEVELOPMENT
- Part 2: ANCILLARY WORKS
- 1Paragraph 1
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Second Iteration EMP
- 4Third Iteration EMP
- 5Details of consultation
- 6Landscaping
- 7Fencing
- 8Contaminated land and groundwater
- 9Archaeology
- 10Protected species
- 11Traffic management
- 12Detailed design
- 13Surface and foul water drainage
- 14Flood compensatory storage
- 15Safeguarding of milestones
- 16Brook Cottages
- 17Highway Lighting
- 18Noise Mitigation
- 19Construction hours
- 20Pre-commencement works
- 21Flood risk assessment
- 22Construction phase local traffic monitoring
- 23Operation phase local traffic monitoring
- 24Biodiversity net gain assessment and offsetting scheme
- 25Approvals and amendments to approved details
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 26Applications made under requirements
- 27Further information
- 28Register of requirements
- 29Anticipatory steps towards compliance with any requirement
- Schedule 3: CLASSIFICATION OF ROADS, ETC.
- 1TRUNK ROADS
- 2CLASSIFIED ROADS
- 3UNCLASSIFIED ROADS
- 4SPEED LIMITS
- 5TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
- 6REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
- 7FOOTPATHS, CYCLE TRACKS, FOOTWAYS, BRIDLEPATHS AND BRIDLEWAYS
- 8ROADS TO BE DE-TRUNKED
- 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 A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED
- 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- Schedule 5LAND IN WHICH ONLY NEW RIGHTS AND RESTRICTIVE COVENANTS ETC. MAY BE ACQUIRED
- Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
- 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 8: HEDGEROWS AND TREES
- 1REMOVAL OF HEDGEROWS
- 2TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE 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
- 12Cooperation
- 13Cooperation
- 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 AND DRAINAGE AUTHORITIES
- 18Application
- 19Interpretation
- 20Construction of specified works
- 21Construction of specified works
- 22Construction of specified works
- 23Construction of specified works
- 24Construction of specified works
- 25Construction of specified works
- 26Works on the adopted highway
- 27Expenses
- 28Expenses
- 29Arbitration
- Part 4: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
- 30Application
- 31Interpretation
- 32Interpretation
- 33Apparatus of National Grid in stopped up streets
- 34Protective works to buildings
- 35Acquisition of land
- 36Removal of apparatus
- 37Facilities and rights for alternative apparatus
- 38Retained apparatus: protection of electricity undertaker
- 39Retained apparatus: protection of gas undertaker
- 40Expenses
- 41Indemnity
- 42Enactments and agreements
- 43Co-operation
- 44Access
- 45Arbitration
- 46Notices
- Part 5: PROTECTION FOR NETWORK RAIL INFRASTRUCTURE LIMITED
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- Part 6: FOR THE PROTECTION OF EXOLUM PIPELINE SYSTEM LTD
- 68Application
- 69Interpretation
- 70Acquisition of apparatus
- 71Removal of apparatus and rights for alternative apparatus
- 72Facilities and rights for alternative apparatus
- 73Retained apparatus: protection
- 74Cathodic protection testing
- 75Expenses
- 76Damage to property and other losses
- 77Co-operation and reasonableness
- 78Miscellaneous
- 79Emergency Circumstances
- Part 7: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
- 80Application
- 81Interpretation
- 82On street apparatus
- 83Apparatus in stopped up streets
- 84Protective works to buildings
- 85Acquisition of land
- 86Removal of apparatus
- 87Facilities and rights for alternative apparatus
- 88Retained apparatus
- 89Expenses and costs
- 90Expenses and costs
- 91Cooperation
- 92Cooperation
- 93Cooperation
- 94Cooperation
- Part 8: FOR THE PROTECTION OF CADENT GAS LIMITED
- 95Application
- 96Interpretation
- 97On Street apparatus
- 98Apparatus of Cadent in stopped up streets
- 99Protective works to buildings
- 100Acquisition of land
- 101Removal of apparatus
- 102Facilities and rights for alternative apparatus
- 103Retained apparatus: protection of Cadent
- 104Expenses
- 105Indemnity
- 106Enactments and agreements
- 107Co-operation
- 108Access
- 109Arbitration
- 110Notices
- Schedule 10DOCUMENTS TO BE CERTIFIED
- Explanatory note