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The A57 Link Roads Development Consent Order 2022

S.I. 2022/1206 · Made 16 November 2022 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 2 February 2024.

Infrastructure Planning

Made 16th November 2022

Coming into force 7th December 2022

An application has been made to the Secretary of State, in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 for an Order under section 37 of the Planning Act 2008 (“the 2008 Act”)f2.

The application was examined by a Panel of two members (“the Panel”) (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The Panel, having considered the representations made and not withdrawn and having examined the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and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The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 is satisfied that the land plots identified in the special category land plans and the book of reference as open space authorised to be permanently compulsorily acquired under this Order are required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway, and that the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public and that, accordingly, section 131(5) of the 2008 Act applies.

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 5 to, the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

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 and S.I. 2020/1534.

f2

2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

f3

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

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, 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.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by the Order
  6. 4Maintenance of authorised development
  7. 5Maintenance of drainage works
  8. 6Planning Permission
  9. 7Limits of deviation
  10. 8Benefit of Order
  11. 9Consent to transfer benefit of Order
  12. Part 3: STREETS
  13. 10Street Works
  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. 14Temporary alteration, diversion, prohibition and restriction of the use of streets
  18. 15Permanent stopping up and restriction of use of highways, streets and private means of access
  19. 16Access to works
  20. 17Clearways
  21. 18Traffic regulation
  22. Part 4: SUPPLEMENTAL POWERS
  23. 19Discharge of water
  24. 20Protective work to buildings
  25. 21Authority to survey and investigate the land
  26. Part 5: POWERS OF ACQUISITION AND POSSESSION
  27. 22Compulsory acquisition of land
  28. 23Compulsory acquisition of land – incorporation of the mineral code
  29. 24Time limit for exercise of authority to acquire land compulsorily
  30. 25Compulsory acquisition of rights and restrictive covenants
  31. 26Private rights over land
  32. 27Modification of Part 1 of the 1965 Act
  33. 28Application of the 1981 Act
  34. 29Acquisition of subsoil or airspace only
  35. 30Rights under or over streets
  36. 31Temporary use of land for carrying out the authorised development
  37. 32Temporary use of land for maintaining the authorised development
  38. 33Statutory undertakers
  39. 34Apparatus and rights of statutory undertakers in stopped up streets
  40. 35Recovery of costs of new connections
  41. Part 6: OPERATIONS
  42. 36Felling or lopping of trees and removal of hedgerows
  43. Part 7: MISCELLANEOUS AND GENERAL
  44. 37Application of landlord and tenant law
  45. 38Trees subject to tree preservation orders
  46. 39Operational land for purposes of the 1990 Act
  47. 40Defence to proceedings in respect of statutory nuisance
  48. 41Protection of interests
  49. 42Certification of documents, etc.
  50. 43Service of notices
  51. 44Arbitration
  52. Signature
  53. Schedule 1AUTHORISED DEVELOPMENT
  54. Schedule 2: REQUIREMENTS
  55. Part 1: REQUIREMENTS
  56. Interpretation
  57. 1Paragraph 1
  58. Time limits
  59. 2Paragraph 2
  60. Detailed design
  61. 3Paragraph 3
  62. Second Iteration EMP
  63. 4Paragraph 4
  64. Landscaping
  65. 5Paragraph 5
  66. Contaminated land and groundwater
  67. 6Paragraph 6
  68. Protected species
  69. 7Paragraph 7
  70. Surface and foul water drainage
  71. 8Paragraph 8
  72. Flood risk assessment
  73. 9Paragraph 9
  74. Archaeological remains
  75. 10Paragraph 10
  76. Fencing
  77. 11Paragraph 11
  78. Carbon management
  79. 12Paragraph 12
  80. Piling
  81. 13Paragraph 13
  82. Details of consultation
  83. 14Paragraph 14
  84. Amendments to approved details
  85. 15Paragraph 15
  86. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  87. Applications made under requirements
  88. 16Paragraph 16
  89. Further information
  90. 17Paragraph 17
  91. Register of requirements
  92. 18Paragraph 18
  93. Anticipatory steps towards compliance with any requirement
  94. 19Paragraph 19
  95. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  96. 1SPECIAL ROADS
  97. 2TRUNK ROADS
  98. 3CLASSIFIED ROADS
  99. 4ROAD TO BE DETRUNKED
  100. 5SPEED LIMITS
  101. 6CLEARWAYS AND OTHER PROHIBITIONS
  102. 7REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDER
  103. 8PUBLIC RIGHTS OF WAY
  104. 9PRIVATE MEANS OF ACCESS
  105. Schedule 4: PERMANENT STOPPING UP AND ALTERATION OF HIGHWAYS, STREETS AND PRIVATE MEANS OF ACCESS
  106. 1PUBLIC RIGHTS OF WAY AND HIGHWAYS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  107. 2PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  108. 3ALTERATIONS TO PRIVATE MEANS OF ACCESS
  109. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  110. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  111. Compensation enactments
  112. 1Paragraph 1
  113. 2Paragraph 2
  114. 3Paragraph 3
  115. Application of Part 1 of the 1965 Act
  116. 4Paragraph 4
  117. 5Paragraph 5
  118. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  119. Schedule 8: HEDGEROWS AND TREES
  120. 1HEDGEROWS
  121. 2TREES SUBJECT TO TREE PRESERVATION ORDERS
  122. Schedule 9: PROTECTIVE PROVISIONS
  123. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  124. 1Paragraph 1
  125. 2Paragraph 2
  126. On street apparatus
  127. 3Paragraph 3
  128. Apparatus in stopped up streets
  129. 4Paragraph 4
  130. Protective works to buildings
  131. 5Paragraph 5
  132. Acquisition of land
  133. 6Paragraph 6
  134. Removal of apparatus
  135. 7Paragraph 7
  136. Facilities and rights for alternative apparatus
  137. 8Paragraph 8
  138. Retained apparatus
  139. 9Paragraph 9
  140. Expenses and costs
  141. 10Paragraph 10
  142. 11Paragraph 11
  143. Cooperation
  144. 12Paragraph 12
  145. 13Paragraph 13
  146. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  147. 14Paragraph 14
  148. 15Paragraph 15
  149. 16Paragraph 16
  150. 17Paragraph 17
  151. Part 3: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
  152. 18Paragraph 18
  153. 19Paragraph 19
  154. 20Paragraph 20
  155. 21Paragraph 21
  156. 22Paragraph 22
  157. 23Paragraph 23
  158. 24Paragraph 24
  159. 25Paragraph 25
  160. 26Paragraph 26
  161. 27Paragraph 27
  162. 28Paragraph 28
  163. Part 4: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
  164. 29Application
  165. 30Interpretation
  166. 31Interpretation
  167. 32Apparatus of National Grid in stopped up streets
  168. 33Protective works to buildings
  169. 34Acquisition of land
  170. 35Removal of apparatus
  171. 36Facilities and rights for alternative apparatus
  172. 37Retained apparatus: protection
  173. 38Expenses
  174. 39Indemnity
  175. 40Enactments and agreements
  176. 41Co-operation
  177. 42Access
  178. 43Arbitration
  179. 44Notices
  180. Part 5: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
  181. 45Application
  182. 46Interpretation
  183. 47On Street Apparatus
  184. 48Apparatus of Cadent in stopped up streets
  185. 49Protective works to buildings
  186. 50Acquisition of land
  187. 51Removal of apparatus
  188. 52Facilities and rights for alternative apparatus
  189. 53Retained apparatus: protection of Cadent
  190. 54Expenses
  191. 55Indemnity
  192. 56Enactments and agreements
  193. 57Co-operation
  194. 58Access
  195. 59Arbitration
  196. 60Notices
  197. Part 6: ENVIRONMENT AGENCY
  198. 61Paragraph 61
  199. 62Paragraph 62
  200. 63Paragraph 63
  201. 64Paragraph 64
  202. 65Paragraph 65
  203. Schedule 10DOCUMENTS TO BE CERTIFIED
  204. Explanatory note