The A47 Blofield to North Burlingham Development Consent Order 2022
S.I. 2022/738 · Made 22 June 2022 · Extends to England, Wales and Scotland
Infrastructure Planning
Made 22nd June 2022
Coming into force 13th July 2022
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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the single appointed person, has decided to make an Order granting development consent for the development described in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
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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, S.I. 2020/764, S.I. 2020/1534 and S.I. 2021/978.
- 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 11 to the Localism Act 2011.
- f5
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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
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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.
- f9
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Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
- f10
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Disapplication of legislative provisions
- 4Maintenance of drainage works
- Part 2: PRINCIPAL POWERS
- 5Development consent etc. granted by the Order
- 6Maintenance of authorised development
- 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 use of streets
- 17Permanent stopping up and restriction of use of streets and private means of access
- 18Access to works
- 19Clearways
- 20Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 21Discharge of water
- 22Protective work to buildings
- 23Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 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
- 28Extinguishment of public rights of way
- 29Private rights over land
- 30Modification of Part 1 of the 1965 Act
- 31Application of the 1981 Act
- 32Acquisition of subsoil or airspace only
- 33Rights under or over streets
- 34Temporary use of land for carrying out the authorised development
- 35Temporary use of land for maintaining the authorised development
- 36Statutory undertakers
- 37Apparatus and rights of statutory undertakers in stopped up streets
- 38Recovery of costs of new connections
- Part 6: OPERATIONS
- 39Felling or lopping of trees and removal of hedgerows
- Part 7: MISCELLANEOUS AND GENERAL
- 40Application of landlord and tenant law
- 41Operational land for purposes of the 1990 Act
- 42Defence to proceedings in respect of statutory nuisance
- 43No double recovery
- 44Disregard of certain improvements etc.
- 45Set off for enhancement in value of retained land
- 46Protection of interests
- 47Certification of documents, etc.
- 48Service of notices
- 49Arbitration
- 50Crown Rights
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- Interpretation
- 1Paragraph 1
- Time limits
- 2Paragraph 2
- Detailed design
- 3Paragraph 3
- Environmental Management Plan
- 4Paragraph 4
- Landscaping
- 5Paragraph 5
- Contaminated land and groundwater
- 6Paragraph 6
- Protected species
- 7Paragraph 7
- Surface water drainage
- 8Paragraph 8
- Archaeological remains
- 9Paragraph 9
- Traffic management
- 10Paragraph 10
- Fencing
- 11Paragraph 11
- New Pond
- 12Paragraph 12
- Approvals and amendments to approved details
- 13Paragraph 13
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- Applications made under requirements
- 14Paragraph 14
- Further information
- 15Paragraph 15
- Register of requirements
- 16Paragraph 16
- Anticipatory steps towards compliance with any requirement
- 17Paragraph 17
- Details of consultation
- 18Paragraph 18
- Schedule 3: CLASSIFICATIONS OF ROADS, ETC.
- 1TRUNK ROADS
- 2CLASSIFIED B ROADS
- 2ACLASSIFIED C ROADS
- 3UNCLASSIFIED ROADS
- 4SPEED LIMITS
- 5REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
- 6FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS
- 7ROADS TO BE DE-TRUNKED
- 8TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
- Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & 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
- 5ALTERATIONS TO PRIVATE MEANS OF ACCESS
- Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8REMOVAL OF HEDGEROWS
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- On street apparatus
- 3Paragraph 3
- Apparatus in stopped up streets
- 4Paragraph 4
- Protective works to buildings
- 5Paragraph 5
- Acquisition of land
- 6Paragraph 6
- Removal of apparatus
- 7Paragraph 7
- Facilities and rights for alternative apparatus
- 8Paragraph 8
- Retained apparatus
- 9Paragraph 9
- Expenses and costs
- 10Paragraph 10
- 11Paragraph 11
- Cooperation
- 12Paragraph 12
- 13Paragraph 13
- 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 ANGLIAN WATER
- Application
- 18Paragraph 18
- Interpretation
- 19Paragraph 19
- On street apparatus
- 20Paragraph 20
- Apparatus in stopped up streets
- 21Paragraph 21
- Protective works to buildings
- 22Paragraph 22
- Acquisition of land
- 23Paragraph 23
- Removal of apparatus
- 24Paragraph 24
- Facilities and rights for alternative apparatus
- 25Paragraph 25
- Retained apparatus
- 26Paragraph 26
- Expenses and costs
- 27Paragraph 27
- 28Paragraph 28
- Cooperation
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Part 4: FOR THE PROTECTION OF CADENT AS GAS UNDERTAKER
- Application
- 33Paragraph 33
- Interpretation
- 34Paragraph 34
- On Street apparatus
- 35Paragraph 35
- Apparatus of Cadent in stopped up streets
- 36Paragraph 36
- Protective works to buildings
- 37Paragraph 37
- Acquisition of land
- 38Paragraph 38
- Removal of apparatus
- 39Paragraph 39
- Facilities and rights for alternative apparatus
- 40Paragraph 40
- Retained apparatus: protection of Cadent
- 41Paragraph 41
- Expenses
- 42Paragraph 42
- Indemnity
- 43Paragraph 43
- Enactments and agreements
- 44Paragraph 44
- Co-operation
- 45Paragraph 45
- Access
- 46Paragraph 46
- Arbitration
- 47Paragraph 47
- Notices
- 48Paragraph 48
- Schedule 10: DOCUMENTS, ETC. TO BE CERTIFIED
- 1ENVIRONMENTAL STATEMENT
- 2OTHER DOCUMENTS
- Explanatory note