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The A47 North Tuddenham to Easton Development Consent Order 2022

S.I. 2022/911 · Made 12 August 2022 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 11 October 2023.

Infrastructure Planning

Made 12th August 2022

Coming into force 2nd 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 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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act has submitted a report and recommendation to the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 report and recommendation, is satisfied that open space comprised within the Order Land, when burdened with the new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public and that, accordingly, section 132(3) of the 2008 Act applies or, where open space comprised within the Order Land is being acquired for a temporary purpose that, accordingly, section 132(4B) of the 2008 Act applies.

The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the single appointed person, has decided to make an Order granting development consent for the development described in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 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. 7Limits of deviation
  10. 8Benefit of Order
  11. 9Consent to transfer benefit of Order
  12. Part 3: STREETS
  13. 10Application of the 1991 Act
  14. 11Construction and maintenance of new, altered or diverted streets and other structures
  15. 12Classification of roads, etc.
  16. 13Power to alter layout etc. of streets
  17. 14Street works
  18. 15Temporary stopping up and restriction of use of streets
  19. 16Permanent stopping up and restriction of use of streets and private means of access
  20. 17Access to works
  21. 18Clearways
  22. 19Traffic regulation
  23. Part 4: SUPPLEMENTAL POWERS
  24. 20Discharge of water
  25. 21Protective work to buildings
  26. 22Authority to survey and investigate the land
  27. Part 5: POWERS OF ACQUISITION
  28. 23Compulsory acquisition of land
  29. 24Compulsory acquisition of land – incorporation of the mineral code
  30. 25Time limit for exercise of authority to acquire land compulsorily
  31. 26Compulsory acquisition of rights and imposition of restrictive covenants
  32. 27Public rights of way
  33. 28Private rights over land
  34. 29Modification of Part 1 of the 1965 Act
  35. 30Application of the 1981 Act
  36. 31Acquisition of subsoil or airspace only
  37. 32Rights under or over streets
  38. 33Temporary use of land for carrying out the authorised development
  39. 34Temporary use of land for maintaining the authorised development
  40. 35Statutory undertakers
  41. 36Apparatus and rights of statutory undertakers in stopped up streets
  42. 37Recovery of costs of new connections
  43. 38Special category land
  44. Part 6: OPERATIONS
  45. 39Felling or lopping of trees and removal of hedgerows
  46. 40Trees subject to tree preservation orders
  47. Part 7: MISCELLANEOUS AND GENERAL
  48. 41Application of landlord and tenant law
  49. 42Operational land for purposes of the 1990 Act
  50. 43Defence to proceedings in respect of statutory nuisance
  51. 44No double recovery
  52. 45Disregard of certain improvements etc.
  53. 46Set off for enhancement in value of retained land
  54. 47Appeals relating to the Control of Pollution Act 1974
  55. 48Use of consecrated land
  56. 49Protection of interests
  57. 50Certification of documents, etc.
  58. 51Service of notices
  59. 52Arbitration
  60. 53Crown Rights
  61. Signature
  62. Schedule 1AUTHORISED DEVELOPMENT
  63. Schedule 2: REQUIREMENTS
  64. Part 1: REQUIREMENTS
  65. 1Interpretation
  66. 2Time limits
  67. 3Detailed design
  68. 4Environmental Management Plan
  69. 5Landscaping
  70. 6Contaminated land and groundwater
  71. 7Protected species
  72. 8Surface water drainage
  73. 9Archaeological remains
  74. 10Traffic management
  75. 11Fencing
  76. 12Ecological works
  77. 13Ørsted works
  78. 14Approvals and amendments to approved details
  79. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  80. 15Applications made under requirements
  81. 16Further information
  82. 17Register of requirements
  83. 18Anticipatory steps towards compliance with any requirement
  84. 19Details of consultation
  85. Schedule 3: CLASSIFICATIONS OF ROADS, ETC.
  86. 1TRUNK ROADS
  87. 2CLASSIFIED B ROADS
  88. 2ACLASSIFIED C ROADS
  89. 3UNCLASSIFIED ROADS
  90. 4SPEED LIMITS
  91. 5REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  92. 6FOOTPATHS, CYCLE TRACKS, FOOTWAYS AND BRIDLEWAYS
  93. 7ROADS TO BE DE-TRUNKED
  94. 8TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  95. Schedule 4
  96. PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  97. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  98. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  99. 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
  100. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  101. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  102. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  103. Compensation enactments
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. Application of Part 1 of the 1965 Act
  108. 4Paragraph 4
  109. 5Paragraph 5
  110. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  111. Schedule 8: REMOVAL OF HEDGEROWS
  112. 1REMOVAL OF HEDGEROWS
  113. 2REMOVAL OF IMPORTANT HEDGEROWS
  114. Schedule 9: PROTECTIVE PROVISIONS
  115. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  116. 1Paragraph 1
  117. 2Paragraph 2
  118. 3On street apparatus
  119. 4Apparatus in stopped up streets
  120. 5Protective works to buildings
  121. 6Acquisition of land
  122. 7Removal of apparatus
  123. 8Facilities and rights for alternative apparatus
  124. 9Retained apparatus
  125. 10Expenses and costs
  126. 11Expenses and costs
  127. 12Cooperation
  128. 13Cooperation
  129. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  130. 14Paragraph 14
  131. 15Paragraph 15
  132. 16Paragraph 16
  133. 17Paragraph 17
  134. Part 3: FOR THE PROTECTION OF NATIONAL GRID AS GAS UNDERTAKER
  135. 18Application
  136. 19Interpretation
  137. 20Interpretation
  138. 21Apparatus of National Grid in stopped up streets
  139. 22Protective works to buildings
  140. 23Acquisition of land
  141. 24Removal of apparatus
  142. 25Facilities and rights for alternative apparatus
  143. 26Retained apparatus: protection of gas undertaker
  144. 27Expenses
  145. 28Indemnity
  146. 29Enactments and agreements
  147. 30Co-operation
  148. 31Access
  149. 32Arbitration
  150. 33Notices
  151. Part 4: FOR THE PROTECTION OF ANGLIAN WATER
  152. 34Application
  153. 35Interpretation
  154. 36On street apparatus
  155. 37Apparatus in stopped up streets
  156. 38Protective works to buildings
  157. 39Acquisition of land
  158. 40Removal of apparatus
  159. 41Facilities and rights for alternative apparatus
  160. 42Retained apparatus
  161. 43Expenses and costs
  162. 44Expenses and costs
  163. 45Cooperation
  164. 46Cooperation
  165. 47Cooperation
  166. 48Cooperation
  167. Schedule 10DOCUMENTS, ETC. TO BE CERTIFIED
  168. Explanatory note