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The A428 Black Cat to Caxton Gibbet Development Consent Order 2022

S.I. 2022/934 · Made 18 August 2022 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 17 January 2023.

Infrastructure Planning

Made 18th August 2022

Coming into force 8th September 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 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The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the panel, has decided to make an Order granting development consent for the development described in the application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

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.

f5

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

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 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.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Disapplication of legislative provisions
  5. Part 2: PRINCIPAL POWERS
  6. 4Development consent etc. granted by the Order
  7. 5Maintenance of authorised development
  8. 6Application of the 1990 Act
  9. 7Planning permission
  10. 8Limits of deviation
  11. 9Benefit of Order
  12. 10Consent to transfer benefit of Order
  13. Part 3: STREETS
  14. 11Application of the 1991 Act
  15. 12Construction and maintenance of new, altered or diverted streets and other structures
  16. 13Classification of roads, etc.
  17. 14Power to alter layout etc. of streets
  18. 15Street works
  19. 16Temporary alteration, diversion, prohibition and restriction of the use of streets
  20. 17Permanent stopping up and restriction of use of streets and private means of access
  21. 18Access to works
  22. 19Clearways, prohibitions and restrictions
  23. Part 4: SUPPLEMENTAL POWERS
  24. 20Discharge of water
  25. 21Protective work to buildings
  26. 22Authority to survey and investigate the land
  27. 23Maintenance of drainage works
  28. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  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 imposition of restrictive covenants
  33. 28Public rights of way
  34. 29Private rights over land
  35. 30Power to override easements and other rights
  36. 31Disregard of certain interests and improvements
  37. 32Set-off for enhancement in value of retained land
  38. 33Modification of Part 1 of the 1965 Act
  39. 34Application of the 1981 Act
  40. 35Acquisition of subsoil or airspace only
  41. 36Rights under or over streets
  42. 37Temporary use of land for carrying out the authorised development
  43. 38Temporary use of land for maintaining the authorised development
  44. 39Statutory undertakers
  45. 40Apparatus and rights of statutory undertakers in stopped up streets
  46. 41Recovery of costs of new connections
  47. Part 6: OPERATIONS
  48. 42Felling or lopping of trees and removal of hedgerows
  49. 43Trees subject to tree preservation orders
  50. Part 7: MISCELLANEOUS AND GENERAL
  51. 44Application of landlord and tenant law
  52. 45Operational land for purposes of the 1990 Act
  53. 46Defence to proceedings in respect of statutory nuisance
  54. 47Protective provisions
  55. 48Certification of documents, etc.
  56. 49Service of notices
  57. 50Arbitration
  58. 51Traffic regulation
  59. 52Removal of human remains
  60. 53Crown rights
  61. 54Works in the River Great Ouse
  62. 55The Cadent Diversion Works
  63. 56Use of private roads for construction
  64. Signature
  65. Schedule 1
  66. 1AUTHORISED DEVELOPMENT
  67. Part 2: ANCILLARY WORKS
  68. 1Paragraph 1
  69. Schedule 2: REQUIREMENTS
  70. Part 1: REQUIREMENTS
  71. 1Interpretation
  72. 2Time limits
  73. 3Second Iteration EMP
  74. 4Third Iteration EMP
  75. 5Details of consultation
  76. 6Landscaping
  77. 7Fencing
  78. 8Contaminated land and groundwater
  79. 9Archaeology
  80. 10Protected species
  81. 11Traffic management
  82. 12Detailed design
  83. 13Surface and foul water drainage
  84. 14Flood compensatory storage
  85. 15Safeguarding of milestones
  86. 16Brook Cottages
  87. 17Highway Lighting
  88. 18Noise Mitigation
  89. 19Construction hours
  90. 20Pre-commencement works
  91. 21Flood risk assessment
  92. 22Construction phase local traffic monitoring
  93. 23Operation phase local traffic monitoring
  94. 24Biodiversity net gain assessment and offsetting scheme
  95. 25Approvals and amendments to approved details
  96. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  97. 26Applications made under requirements
  98. 27Further information
  99. 28Register of requirements
  100. 29Anticipatory steps towards compliance with any requirement
  101. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  102. 1TRUNK ROADS
  103. 2CLASSIFIED ROADS
  104. 3UNCLASSIFIED ROADS
  105. 4SPEED LIMITS
  106. 5TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  107. 6REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  108. 7FOOTPATHS, CYCLE TRACKS, FOOTWAYS, BRIDLEPATHS AND BRIDLEWAYS
  109. 8ROADS TO BE DE-TRUNKED
  110. Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  111. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  112. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  113. 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
  114. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  115. Schedule 5LAND IN WHICH ONLY NEW RIGHTS AND RESTRICTIVE COVENANTS ETC. MAY BE ACQUIRED
  116. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  117. 1Compensation enactments
  118. 2Compensation enactments
  119. 3Compensation enactments
  120. 4Application of Part 1 of the 1965 Act
  121. 5Application of Part 1 of the 1965 Act
  122. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  123. Schedule 8: HEDGEROWS AND TREES
  124. 1REMOVAL OF HEDGEROWS
  125. 2TREES SUBJECT TO TREE PRESERVATION ORDERS
  126. Schedule 9: PROTECTIVE PROVISIONS
  127. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. 3On street apparatus
  131. 4Apparatus in stopped up streets
  132. 5Protective works to buildings
  133. 6Acquisition of land
  134. 7Removal of apparatus
  135. 8Facilities and rights for alternative apparatus
  136. 9Retained apparatus
  137. 10Expenses and costs
  138. 11Expenses and costs
  139. 12Cooperation
  140. 13Cooperation
  141. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  142. 14Paragraph 14
  143. 15Paragraph 15
  144. 16Paragraph 16
  145. 17Paragraph 17
  146. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY AND DRAINAGE AUTHORITIES
  147. 18Application
  148. 19Interpretation
  149. 20Construction of specified works
  150. 21Construction of specified works
  151. 22Construction of specified works
  152. 23Construction of specified works
  153. 24Construction of specified works
  154. 25Construction of specified works
  155. 26Works on the adopted highway
  156. 27Expenses
  157. 28Expenses
  158. 29Arbitration
  159. Part 4: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
  160. 30Application
  161. 31Interpretation
  162. 32Interpretation
  163. 33Apparatus of National Grid in stopped up streets
  164. 34Protective works to buildings
  165. 35Acquisition of land
  166. 36Removal of apparatus
  167. 37Facilities and rights for alternative apparatus
  168. 38Retained apparatus: protection of electricity undertaker
  169. 39Retained apparatus: protection of gas undertaker
  170. 40Expenses
  171. 41Indemnity
  172. 42Enactments and agreements
  173. 43Co-operation
  174. 44Access
  175. 45Arbitration
  176. 46Notices
  177. Part 5: PROTECTION FOR NETWORK RAIL INFRASTRUCTURE LIMITED
  178. 47Paragraph 47
  179. 48Paragraph 48
  180. 49Paragraph 49
  181. 50Paragraph 50
  182. 51Paragraph 51
  183. 52Paragraph 52
  184. 53Paragraph 53
  185. 54Paragraph 54
  186. 55Paragraph 55
  187. 56Paragraph 56
  188. 57Paragraph 57
  189. 58Paragraph 58
  190. 59Paragraph 59
  191. 60Paragraph 60
  192. 61Paragraph 61
  193. 62Paragraph 62
  194. 63Paragraph 63
  195. 64Paragraph 64
  196. 65Paragraph 65
  197. 66Paragraph 66
  198. 67Paragraph 67
  199. Part 6: FOR THE PROTECTION OF EXOLUM PIPELINE SYSTEM LTD
  200. 68Application
  201. 69Interpretation
  202. 70Acquisition of apparatus
  203. 71Removal of apparatus and rights for alternative apparatus
  204. 72Facilities and rights for alternative apparatus
  205. 73Retained apparatus: protection
  206. 74Cathodic protection testing
  207. 75Expenses
  208. 76Damage to property and other losses
  209. 77Co-operation and reasonableness
  210. 78Miscellaneous
  211. 79Emergency Circumstances
  212. Part 7: FOR THE PROTECTION OF ANGLIAN WATER SERVICES LIMITED
  213. 80Application
  214. 81Interpretation
  215. 82On street apparatus
  216. 83Apparatus in stopped up streets
  217. 84Protective works to buildings
  218. 85Acquisition of land
  219. 86Removal of apparatus
  220. 87Facilities and rights for alternative apparatus
  221. 88Retained apparatus
  222. 89Expenses and costs
  223. 90Expenses and costs
  224. 91Cooperation
  225. 92Cooperation
  226. 93Cooperation
  227. 94Cooperation
  228. Part 8: FOR THE PROTECTION OF CADENT GAS LIMITED
  229. 95Application
  230. 96Interpretation
  231. 97On Street apparatus
  232. 98Apparatus of Cadent in stopped up streets
  233. 99Protective works to buildings
  234. 100Acquisition of land
  235. 101Removal of apparatus
  236. 102Facilities and rights for alternative apparatus
  237. 103Retained apparatus: protection of Cadent
  238. 104Expenses
  239. 105Indemnity
  240. 106Enactments and agreements
  241. 107Co-operation
  242. 108Access
  243. 109Arbitration
  244. 110Notices
  245. Schedule 10DOCUMENTS TO BE CERTIFIED
  246. Explanatory note