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The A46 Newark Bypass Development Consent Order 2025

S.I. 2025/1090 · Made 1 October 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 12 January 2026.

Infrastructure Planning

Made 1st October 2025

Coming into force 22nd October 2025

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 appointed as an examining authority (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The panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the panel, has decided to make an Order granting development consent for the development described in the application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 to 123f9, 127f10, 131f11 to 132f12, 138f13 and 154 of, and paragraphs 1 to 3, 10 to 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, and paragraph 5 of Schedule 13 to, 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, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634, S.I. 2023/1071 and S.I. 2024/332.

f3

S.I. 2010/103, amended by S.I. 2012/635 and S.I. 2024/317.

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 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 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.

f10

Section 127 was amended by paragraph 64(2) of Schedule 13 to the Localism Act 2011 and section 23(2) of the Growth and Infrastructure Act 2013 (c. 27).

f11

Section 131 was amended by section 24(2) of the Growth and Infrastructure Act 2013.

f12

Section 132 was amended by section 24(3) of the Growth and Infrastructure Act 2013.

f13

Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Disapplication and modification 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. 7Application of the 1990 Act
  10. 8Planning permission
  11. 9Existing powers and duties of the undertaker
  12. 10Limits of deviation
  13. 11Benefit of Order
  14. 12Consent to transfer benefit of Order
  15. Part 3: STREETS
  16. 13Application of the 1991 Act
  17. 14Construction and maintenance of new, altered or diverted streets and other structures
  18. 15Classification of roads and speed limits, etc.
  19. 16Power to alter layout etc. of streets
  20. 17Street Works
  21. 18Temporary alteration, diversion, prohibition and restriction of the use of streets
  22. 19Permanent stopping up and restriction of use of streets and private means of access
  23. 20Access to works
  24. 21Clearways, prohibitions and restrictions
  25. 22Traffic Regulation
  26. Part 4: SUPPLEMENTAL POWERS
  27. 23Discharge of water
  28. 24Protective work to buildings
  29. 25Authority to survey and investigate the land
  30. Part 5: POWERS OF ACQUISITION
  31. 26Compulsory acquisition of land
  32. 27Compulsory acquisition of land – incorporation of the mineral code
  33. 28Time limit for exercise of authority to acquire land compulsorily
  34. 29Compulsory acquisition of rights and imposition of restrictive covenants
  35. 30Private rights over land
  36. 31Power to override easements and other rights
  37. 32Disregard of certain interests and improvements
  38. 33Set-off for enhancement in value of retained land
  39. 34No double recovery
  40. 35Modification of Part 1 of the 1965 Act
  41. 36Application of the 1981 Act
  42. 37Acquisition of subsoil or airspace only
  43. 38Rights under or over streets
  44. 39Temporary use of land for carrying out the authorised development
  45. 40Temporary use of land for maintaining the authorised development
  46. 41Statutory undertakers
  47. 42Apparatus and rights of statutory undertakers in stopped up streets
  48. 43Recovery of costs of new connections
  49. 44Public rights of way
  50. Part 6: OPERATIONS
  51. 45Felling or lopping of trees and removal of hedgerows
  52. 46Trees subject to tree preservation orders, etc.
  53. Part 7: MISCELLANEOUS AND GENERAL
  54. 47Application of landlord and tenant law
  55. 48Operational land for purposes of the 1990 Act
  56. 49Defence to proceedings in respect of statutory nuisance
  57. 50Removal of human remains
  58. 51Crown Rights
  59. 52Use of private roads for construction
  60. 53Protective provisions
  61. 54Certification of documents, etc.
  62. 55Service of notices
  63. 56Arbitration
  64. 57Temporary suspension of navigation in connection with the authorised development
  65. Signature
  66. Schedule 1AUTHORISED DEVELOPMENT
  67. Works
  68. Utilities Works
  69. Other associated development
  70. Schedule 2: REQUIREMENTS
  71. Part 1: REQUIREMENTS
  72. 1Interpretation
  73. 2Time limits
  74. 3Second Iteration EMP
  75. 4Third Iteration EMP
  76. 5Construction hours
  77. 6Landscaping
  78. 7Fencing
  79. 8Contaminated Land and groundwater
  80. 9Archaeology and built heritage
  81. 10Protected species
  82. 11Traffic management
  83. 12Detailed design
  84. 13Surface and foul water drainage
  85. 14Flood compensatory storage
  86. 15Flood risk assessment
  87. 16Noise Mitigation
  88. 17Pre-commencement works
  89. 18Highway Lighting
  90. 19Langford Hall Estate
  91. 20Approvals and amendments to approved details
  92. 21Offsite Barn Owl Boxes
  93. 22Offsite Bat Box
  94. 23Agricultural Land Classification Surveys
  95. 24Façade design of the split block facing of the structure at Cattle Market
  96. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  97. 25Applications made under requirements
  98. 26Further information
  99. 27Register of requirements
  100. 28Anticipatory steps towards compliance with any requirement
  101. 29Details of consultation
  102. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  103. 1TRUNK ROADS
  104. 2CLASSIFIED A ROADS
  105. 3CLASSIFIED B ROADS
  106. 4UNCLASSIFIED ROADS
  107. 5SPEED LIMITS
  108. 6TRAFFIC REGULATION MEASURES (CLEARWAYS)
  109. 7TRAFFIC REGULATION MEASURES (WAITING RESTRICTIONS)
  110. 8TRAFFIC REGULATION MEASURES (NO ENTRY)
  111. 9REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  112. 10CYCLE TRACKS
  113. Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  114. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  115. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  116. 3NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  117. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  118. 5NEW PRIVATE MEANS OF ACCESS WHICH ARE TO BE PROVIDED
  119. 6PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  120. Schedule 5LAND IN WHICH ONLY NEW RIGHTS AND RESTRICTIVE COVENANTS ETC. MAY BE ACQUIRED
  121. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  122. 1Compensation enactments
  123. 2Paragraph 2
  124. 3Paragraph 3
  125. 4Application of Part 1 of the 1965 Act
  126. 5Paragraph 5
  127. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  128. Schedule 8: HEDGEROWS AND TREES
  129. 1REMOVAL OF HEDGEROWS
  130. 2TREES SUBJECT TO TREE PRESERVATION ORDERS
  131. Schedule 9: PROTECTIVE PROVISIONS
  132. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  133. 1Application
  134. 2Interpretation
  135. 3On street apparatus
  136. 4Apparatus in stopped up streets
  137. 5Protective works to buildings
  138. 6Acquisition of land
  139. 7Removal of apparatus
  140. 8Facilities and rights for alternative apparatus
  141. 9Retained apparatus
  142. 10Expenses and costs
  143. 11Cooperation
  144. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  145. 12Application
  146. 13Interpretation
  147. 14Paragraph 14
  148. Part 3: FOR THE PROTECTION OF CADENT AS GAS UNDERTAKER
  149. 15Application
  150. 16Interpretation
  151. 17On street apparatus
  152. 18Apparatus of Cadent in stopped up streets
  153. 19Protective works to building
  154. 20Acquisition of land
  155. 21Removal of apparatus
  156. 22Facilities and rights for alternative apparatus
  157. 23Retained apparatus: protection of Cadent
  158. 24Expenses
  159. 25Indemnity
  160. 26Enactments and agreements
  161. 27Co-operation
  162. 28Access
  163. 29Arbitration
  164. 30Notices
  165. Part 4: FOR THE PROTECTION OF RAILWAY INTERESTS
  166. 31Paragraph 31
  167. 32Paragraph 32
  168. 33Paragraph 33
  169. 34Paragraph 34
  170. 35Paragraph 35
  171. 36Paragraph 36
  172. 37Paragraph 37
  173. 38Paragraph 38
  174. 39Paragraph 39
  175. 40Paragraph 40
  176. 41Paragraph 41
  177. 42Paragraph 42
  178. 43Paragraph 43
  179. 44Paragraph 44
  180. 45Paragraph 45
  181. 46Paragraph 46
  182. 47Paragraph 47
  183. 48Paragraph 48
  184. 49Paragraph 49
  185. 50Paragraph 50
  186. 51Paragraph 51
  187. 52Paragraph 52
  188. 53Paragraph 53
  189. Part 5: FOR THE PROTECTION OF THE CANAL & RIVER TRUST
  190. 54Application
  191. 55Interpretation
  192. 56Paragraph 56
  193. 57Powers requiring the Canal & River Trust’s consent
  194. 58Approval of plans, protective works, etc.
  195. 59Design of works
  196. 60Fencing
  197. 61Notice of works
  198. 62Lighting
  199. 63Survey of waterway
  200. 64Construction of specified works
  201. 65Prevention of pollution
  202. 66Access to work: provision of information
  203. 67Alterations to the waterway
  204. 68Maintenance of works
  205. 69Repayment of the Canal & River Trust’s fees, etc.
  206. 70Making good of detriment, compensation and indemnity, etc.
  207. 71Arbitration
  208. 72Capitalised sums
  209. 73As-built drawings
  210. Part 6: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (EAST MIDLANDS) PLC
  211. 74Application
  212. 75Interpretation
  213. 76Precedence of 1991 Act in respect of apparatus in streets
  214. 77No acquisition except by agreement
  215. 78Removal of apparatus
  216. 79Facilities and rights for alternative apparatus
  217. 80Retained apparatus
  218. 81Expenses and costs
  219. 82Liability
  220. 83Expert determination
  221. Schedule 10DOCUMENTS TO BE CERTIFIED
  222. Explanatory note