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The A47/A11 Thickthorn Junction Development Consent Order 2022

S.I. 2022/1070 · Made 14 October 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 14th October 2022

Coming into force 4th November 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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the single appointed person, has decided to make an Order granting development consent for the development described in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 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 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 and S.I. 2022/634.

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