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The A47 Blofield to North Burlingham Development Consent Order 2022

S.I. 2022/738 · Made 22 June 2022 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 July 2023.

Infrastructure Planning

Made 22nd June 2022

Coming into force 13th July 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 single appointed person (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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the single appointed person, has decided to make an Order granting development consent for the development described in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 123f9 of, and paragraphs 1 to 3, 10 to 15, 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5f10 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, S.I. 2020/764, S.I. 2020/1534 and S.I. 2021/978.

f3

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

f4

Section 114 was amended by paragraph 55 of Part 1 of Schedule 11 to the Localism Act 2011.

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 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

Part 1 of Schedule 5 was amended by paragraph 4 of Part 1 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraph 71 of Part 1 of Schedule 13 to the Localism Act 2011 and paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017.

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. 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 use of streets
  20. 17Permanent stopping up and restriction of use of streets and private means of access
  21. 18Access to works
  22. 19Clearways
  23. 20Traffic regulation
  24. Part 4: SUPPLEMENTAL POWERS
  25. 21Discharge of water
  26. 22Protective work 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 imposition of restrictive covenants
  33. 28Extinguishment of public 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. Part 6: OPERATIONS
  45. 39Felling or lopping of trees and removal of hedgerows
  46. Part 7: MISCELLANEOUS AND GENERAL
  47. 40Application of landlord and tenant law
  48. 41Operational land for purposes of the 1990 Act
  49. 42Defence to proceedings in respect of statutory nuisance
  50. 43No double recovery
  51. 44Disregard of certain improvements etc.
  52. 45Set off for enhancement in value of retained land
  53. 46Protection of interests
  54. 47Certification of documents, etc.
  55. 48Service of notices
  56. 49Arbitration
  57. 50Crown Rights
  58. Signature
  59. Schedule 1AUTHORISED DEVELOPMENT
  60. Schedule 2: REQUIREMENTS
  61. Part 1: REQUIREMENTS
  62. Interpretation
  63. 1Paragraph 1
  64. Time limits
  65. 2Paragraph 2
  66. Detailed design
  67. 3Paragraph 3
  68. Environmental Management Plan
  69. 4Paragraph 4
  70. Landscaping
  71. 5Paragraph 5
  72. Contaminated land and groundwater
  73. 6Paragraph 6
  74. Protected species
  75. 7Paragraph 7
  76. Surface water drainage
  77. 8Paragraph 8
  78. Archaeological remains
  79. 9Paragraph 9
  80. Traffic management
  81. 10Paragraph 10
  82. Fencing
  83. 11Paragraph 11
  84. New Pond
  85. 12Paragraph 12
  86. Approvals and amendments to approved details
  87. 13Paragraph 13
  88. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  89. Applications made under requirements
  90. 14Paragraph 14
  91. Further information
  92. 15Paragraph 15
  93. Register of requirements
  94. 16Paragraph 16
  95. Anticipatory steps towards compliance with any requirement
  96. 17Paragraph 17
  97. Details of consultation
  98. 18Paragraph 18
  99. Schedule 3: CLASSIFICATIONS OF ROADS, ETC.
  100. 1TRUNK ROADS
  101. 2CLASSIFIED B ROADS
  102. 2ACLASSIFIED C ROADS
  103. 3UNCLASSIFIED ROADS
  104. 4SPEED LIMITS
  105. 5REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  106. 6FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS
  107. 7ROADS TO BE DE-TRUNKED
  108. 8TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  109. Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  110. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  111. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  112. 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
  113. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  114. 5ALTERATIONS TO PRIVATE MEANS OF ACCESS
  115. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  116. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  117. Compensation enactments
  118. 1Paragraph 1
  119. 2Paragraph 2
  120. 3Paragraph 3
  121. Application of Part 1 of the 1965 Act
  122. 4Paragraph 4
  123. 5Paragraph 5
  124. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  125. Schedule 8REMOVAL OF HEDGEROWS
  126. Schedule 9: PROTECTIVE PROVISIONS
  127. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  128. 1Paragraph 1
  129. 2Paragraph 2
  130. On street apparatus
  131. 3Paragraph 3
  132. Apparatus in stopped up streets
  133. 4Paragraph 4
  134. Protective works to buildings
  135. 5Paragraph 5
  136. Acquisition of land
  137. 6Paragraph 6
  138. Removal of apparatus
  139. 7Paragraph 7
  140. Facilities and rights for alternative apparatus
  141. 8Paragraph 8
  142. Retained apparatus
  143. 9Paragraph 9
  144. Expenses and costs
  145. 10Paragraph 10
  146. 11Paragraph 11
  147. Cooperation
  148. 12Paragraph 12
  149. 13Paragraph 13
  150. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  151. 14Paragraph 14
  152. 15Paragraph 15
  153. 16Paragraph 16
  154. 17Paragraph 17
  155. Part 3: FOR THE PROTECTION OF ANGLIAN WATER
  156. Application
  157. 18Paragraph 18
  158. Interpretation
  159. 19Paragraph 19
  160. On street apparatus
  161. 20Paragraph 20
  162. Apparatus in stopped up streets
  163. 21Paragraph 21
  164. Protective works to buildings
  165. 22Paragraph 22
  166. Acquisition of land
  167. 23Paragraph 23
  168. Removal of apparatus
  169. 24Paragraph 24
  170. Facilities and rights for alternative apparatus
  171. 25Paragraph 25
  172. Retained apparatus
  173. 26Paragraph 26
  174. Expenses and costs
  175. 27Paragraph 27
  176. 28Paragraph 28
  177. Cooperation
  178. 29Paragraph 29
  179. 30Paragraph 30
  180. 31Paragraph 31
  181. 32Paragraph 32
  182. Part 4: FOR THE PROTECTION OF CADENT AS GAS UNDERTAKER
  183. Application
  184. 33Paragraph 33
  185. Interpretation
  186. 34Paragraph 34
  187. On Street apparatus
  188. 35Paragraph 35
  189. Apparatus of Cadent in stopped up streets
  190. 36Paragraph 36
  191. Protective works to buildings
  192. 37Paragraph 37
  193. Acquisition of land
  194. 38Paragraph 38
  195. Removal of apparatus
  196. 39Paragraph 39
  197. Facilities and rights for alternative apparatus
  198. 40Paragraph 40
  199. Retained apparatus: protection of Cadent
  200. 41Paragraph 41
  201. Expenses
  202. 42Paragraph 42
  203. Indemnity
  204. 43Paragraph 43
  205. Enactments and agreements
  206. 44Paragraph 44
  207. Co-operation
  208. 45Paragraph 45
  209. Access
  210. 46Paragraph 46
  211. Arbitration
  212. 47Paragraph 47
  213. Notices
  214. 48Paragraph 48
  215. Schedule 10: DOCUMENTS, ETC. TO BE CERTIFIED
  216. 1ENVIRONMENTAL STATEMENT
  217. 2OTHER DOCUMENTS
  218. Explanatory note