Article 7 Limits of deviationI1

England, Wales and Scotland As made

(1)

In carrying out and maintaining the authorised development the undertaker may—

(a)

deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans; and

(b)

deviate vertically from the levels of the authorised development shown on the engineering drawings and sections up to a maximum of 1 metre upwards or 1 metre downwards.

(2)

The maximum limits of deviation set out in paragraph (1) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation by the undertaker with—

(a)

the relevant planning authority on matters related to their functions; and

(b)

in respect of the authorised development comprising highways other than a trunk road, consultation by the undertaker with the relevant local highway authority on matters related to their functions,

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.

(3)

Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the Secretary of State for certification under F1paragraph (2) as though it were an approval required by a requirement under that Schedule.

Annotations

Textual amendments

F1: Words in art. 7(3) substituted (27.5.2026) by The A46 Coventry Junctions (Walsgrave) Development Consent (Correction) Order 2026 (S.I. 2026/556), art. 1, Sch.

Commencement

I1: Art. 7 in force at 25.2.2026, see art. 1