The A66 Northern Trans-Pennine Development Consent Order 2024
S.I. 2024/360 · Made 7 March 2024 · Extends to England and Wales
Infrastructure Planning
Made 7th March 2024
Coming into force 28th March 2024
The application was examined by a Panel of four 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The Panel, having examined the application and the documents that accompanied it, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 replacement land has been or will be given in exchange for the special category land (as defined in article 34 (special category land) of this Order), and the replacement land (as defined in that article) has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the special category land, and that, accordingly, section 131(4) of the 2008 Act applies. In accordance with section 132(3) of the 2008 Act, the Secretary of State is satisfied, having considered the report and recommendation of the Panel, that the parcels of land labelled 0102-02-54, 0102-02-57, 0102-02-58, 0102-02-70 and 0102-02-73 on the special category land plans and described in the book of reference (both terms being as defined in article 2(1) of this Order) when burdened with a new right created under this Order, will be no less advantageous than they were before the making of this Order to the following person: (a) the persons in whom they are vested; (b) other persons, if any, entitled to rights of common or other right; and (c) the public.
The Secretary of State, in exercise of the powers conferred by sections 114f4, 115f5, 117f6, 120f7, 122f8, 123f9 and 131f10 of, and paragraphs 1 to 4, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5f11 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, S.I. 2021/978 and S.I. 2022/634.
- 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 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
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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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Section 131 was amended by section 24(2) of the Growth and Infrastructure Act 2013.
- f11
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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
- Part 2: WORKS PROVISIONS
- Chapter: Principal powers
- 4Development consent, etc. granted by the Order
- 5Maintenance of the authorised development
- 6Planning permission
- 7Limits of deviation
- 8Application of the 1991 Act
- 9Construction and maintenance of new, altered or diverted streets and other structures
- 10Permanent stopping up of streets and private means of access
- 11Temporary prohibition, restriction or regulation of use or alteration or diversion of streets
- 12Access to works
- 13Discharge of water
- 14Protective works to buildings
- 15Authority to survey and investigate land
- 16Removal of human remains
- 17Felling or lopping of trees and hedgerows
- 18Maintenance of drainage works
- Part 3: POWERS OF ACQUISITION AND POSSESSION OF LAND
- Chapter: Powers of acquisition
- 19Compulsory acquisition of land
- 20Compulsory acquisition of land – incorporation of the minerals code
- 21Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily
- 22Compulsory acquisition of rights and restrictive covenants
- 23Private rights over land
- 24Power to override easements and other rights
- 25Modification of Part 1 of the 1965 Act
- 26Application of the 1981 Act
- 27Acquisition of subsoil, etc., only
- 28Rights over or under streets
- Chapter: Temporary possession of land
- 29Temporary use of land for constructing the authorised development
- 30Temporary use of land for maintaining the authorised development
- Chapter: Supplementary
- 31Statutory undertakers
- 32Apparatus and rights of statutory undertakers in stopped up streets
- 33Recovery of costs of new connection
- 34Special category land
- 35Crown rights
- 36Relocation of Brough Hill Fair
- Chapter: Compensation
- 37Disregard of certain interests and improvements
- 38Set-off for enhancement in value of retained land
- 39No double recovery
- Part 4: OPERATIONAL PROVISIONS
- 40Classification of roads, etc.
- 41Clearways
- 42Traffic regulation measures
- Part 5: MISCELLANEOUS AND GENERAL
- 43Benefit of the Order
- 44Consent to transfer benefit of Order
- 45Application of landlord and tenant law
- 46Operational land for the purposes of the 1990 Act
- 47Defence to proceedings in respect of statutory nuisance
- 48Protective provisions
- 49Certification of plans, etc.
- 50Service of notices
- 51Arbitration
- 52Consents, agreements and approvals
- 53Environmental Management Plans
- 54Detailed design
- 55Time limit for when development must begin
- Signature
- Schedule 1: AUTHORISED DEVELOPMENT
- 1SCHEME 0102 – M6 J40 TO KEMPLAY BANK
- 2SCHEME 03 – PENRITH TO TEMPLE SOWERBY
- 3SCHEME 0405 – TEMPLE SOWERBY TO APPLEBY
- 4SCHEME 06 – APPLEBY TO BROUGH
- 5SCHEME 07 – BOWES BYPASS
- 6SCHEME 08 – CROSS LANES TO ROKEBY
- 7SCHEME 09 – STEPHEN BANK TO CARKIN MOOR
- 8SCHEME 11 – A1(M) J53 SCOTCH CORNER
- Schedule 2PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
- 1HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
- 2HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS 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
- Schedule 3TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 4LAND IN WHICH ONLY NEW RIGHTS ETC., MAY BE ACQUIRED
- Schedule 5: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR THE CREATION OF NEW RIGHTS AND RESTRICTIVE COVENANTS
- 1Compensation enactments
- 2Compensation enactments
- 3Compensation enactments
- 4Application of Part 1 of the 1965 Act
- 5Application of Part 1 of the 1965 Act
- Schedule 6LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 7: CLASSIFICATION OF ROADS, ETC.
- Part 1: SCHEME 0102 – M6 J40 TO KEMPLAY BANK
- THE NEW AND IMPROVED A66 TRUNK ROAD
- In the administrative area of Westmorland and Furness Council
- 1A 2.8 km length of new and improved A66 trunk road
- M6 JUNCTION 40 AND SLIP ROADS
- In the administrative area of Westmorland and Furness Council
- 2M6 northbound diverge slip road
- 3M6 northbound merge slip road
- 4M6 southbound diverge slip road
- 5M6 southbound merge slip road
- THE IMPROVED A592
- In the administrative area of Westmorland and Furness Council
- 6A 205 metre length of improved A592
- THE NEW KEMPLAY BANK JUNCTION SLIP ROADS
- In the administrative area of Westmorland and Furness Council
- 7A66 eastbound diverge slip road
- 8A66 eastbound merge slip road
- 9A66 westbound diverge slip road
- 10A66 westbound merge slip road
- THE IMPROVED A6, INCLUDING THE CIRCULATORY CARRIAGEWAY OF THE NEW KEMPLAY BANK ROUNDABOUT
- In the administrative area of Westmorland and Furness Council
- 11Kemplay Bank Roundabout
- 12A 90 metre length of improved A6 (southbound approach to Kemplay Bank Roundabout)
- 13A 155 metre length of improved A6 (northbound approach to Kemplay Bank Roundabout)
- THE NEW AND IMPROVED A686
- In the administrative area of Westmorland and Furness Council
- 14A 242 metre length of improved A686
- ROAD TO BE DE-TRUNKED
- In the administrative area of Westmorland and Furness Council
- 15Paragraph 15
- Part 2: SCHEME 03 – PENRITH TO TEMPLE SOWERBY
- THE NEW AND IMPROVED A66 TRUNK ROAD
- In the administrative area of Westmorland and Furness Council
- 16A 2.9 kilometre length of improved A66 trunk road
- 17A 2.4 kilometre length of new A66 trunk road
- NEW JUNCTION AT CENTER PARCS
- In the administrative area of Westmorland and Furness Council
- 18A 116 metre length of new road (Northbound Approach)
- 19A 493 metre length of new road (Connector Loop)
- NEW B6262
- In the administrative area of Westmorland and Furness Council
- 20B6262 (Realigned)
- NEW JUNCTION AND LINK ROAD OPPOSITE WHINFELL PARK
- In the administrative area of Westmorland and Furness Council
- 21A 144 metre length of new road (unclassified U3192)
- NEW JUNCTION AND LINK ROAD TO DE-TRUNKED SECTION OF A66 (ROMAN ROAD)
- In the administrative area of Westmorland and Furness Council
- 22A 247 metre length of new road (unclassified westbound approach) (unclassified U3193)
- ROAD TO BE DE-TRUNKED
- In the administrative area of Westmorland and Furness Council
- 23Paragraph 23
- Part 3: SCHEME 0405 – TEMPLE SOWERBY TO APPLEBY
- THE NEW AND IMPROVED A66 TRUNK ROAD
- In the administrative area of Westmorland and Furness Council
- 24An 8.6 kilometre length of new road
- THE NEW A66 COMPACT CONNECTOR ROADS
- In the administrative area of Westmorland and Furness Council
- 25Temple Sowerby connector road
- 26Kirkby Thore Junction (access to British Gypsum) eastbound connector road
- 27Kirkby Thore Junction (access to British Gypsum) westbound connector road
- 28Long Marton Junction eastbound connector road
- 29Long Marton Junction westbound connector road
- 30Local road linking C3057 to A66
- THE NEW B6542
- In the administrative area of Westmorland and Furness Council
- 31An 8.5 km length of new and existing road
- 32Proposed Roundabout
- THE NEW C3057
- In the administrative area of Westmorland and Furness Council
- 33C3057 South
- 34C3057 North
- THE NEW C3065
- In the administrative area of Westmorland and Furness Council
- 35C3065 Road – Fell Lane
- 36C3065 Road – Realigned Main Street
- 37C3065 Road – Realigned Main Street
- THE NEW C3063
- In the administrative area of Westmorland and Furness Council
- 38A 1.15 km length of new road
- THE NEW UNCLASSIFIED ROADS
- In the administrative area of Westmorland and Furness Council
- 39Roman Road (unclassified U3199)
- 40New Cross Street (unclassified C3030)
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Main Street (unclassified U3772)
- 45New Sleastonhow Lane (unclassified U3202)
- 46Improved Long Marton (unclassified U3773)
- 47Existing Fell Lane (unclassified C3065)
- UNCLASSIFIED ROAD WITH NEW QUIET LANE DESIGNATION
- In the administrative area of Westmorland and Furness Council
- 48Priest Lane (unclassified U3199)
- ROADS TO BE DE-TRUNKED
- In the administrative area of Westmorland and Furness Council
- 49Paragraph 49
- Part 4: SCHEME 06 – APPLEBY TO BROUGH
- THE NEW AND IMPROVED A66 TRUNK ROAD
- In the administrative area of Westmorland and Furness Council
- 50An 8.2 kilometre length of new road
- B6259 SANDFORD JUNCTION (A66 TRUNK ROAD)
- In the administrative area of Westmorland and Furness Council
- 51New B6259 Sandford Junction
- NEW WARCOP EASTBOUND JUNCTION
- In the administrative area of Westmorland and Furness Council
- 52New Warcop Eastbound Junction
- NEW WARCOP WESTBOUND JUNCTION
- In the administrative area of Westmorland and Furness Council
- 53New Warcop Westbound Junction
- THE NEW B6259
- In the administrative area of Westmorland and Furness Council
- 54A 220m length of new road (new B6259)
- THE EXISTING A66 (NEW C3077)
- In the administrative area of Westmorland and Furness Council
- 55A 1.1 kilometre length of existing A66 trunk road
- THE NEW C3077
- In the administrative area of Westmorland and Furness Council
- 56A 3.5 kilometre length of new road (realigned old A66)
- THE NEW UNCLASSIFIED U3311
- In the administrative area of Westmorland and Furness Council
- 57A 126 metre length of new road (Flitholme Road)
- THE NEW UNCLASSIFIED U3311
- In the administrative area of Westmorland and Furness Council
- 58A 666 metre length of new road (Flitholme to Langrigg Link)
- THE NEW UNCLASSIFIED U3221
- In the administrative area of Westmorland and Furness Council
- 59A 890 metre length of the existing A66 at Warcop (Moorhouse Link)
- ROADS TO BE DE-TRUNKED
- In the administrative area of Westmorland and Furness Council
- 60A 1.2 kilometre length of existing A66 Trunk Road
- 61A 1.4 kilometre length of existing A66 Trunk Road
- Part 5: SCHEME 07 – BOWES BYPASS
- THE NEW AND IMPROVED A66 TRUNK ROAD
- In the administrative area of Durham County Council
- 62A66 all-purpose dual carriageway
- THE NEW AND IMPROVED BOWES JUNCTION
- In the administrative area of Durham County Council
- 63A66 eastbound diverge slip road
- 64A66 eastbound merge slip road
- 65A66 westbound diverge slip road
- 66A66 westbound merge slip road
- 67A67
- UNCLASSIFIED ROADS, THE STREET AND CLINT LANE OVERBRIDGE
- In the administrative area of Durham County Council
- 68The Street
- 69The new Clint Lane Overbridge
- 70Unnamed Side Road
- ROADS TO BE DE-TRUNKED
- In the administrative area of Durham County Council
- 71A66 Junction with The Street
- Part 6: SCHEME 08 – CROSS LANES TO ROKEBY
- THE NEW AND IMPROVED A66 TRUNK ROAD
- In the administrative area of Durham County Council
- 72A66 all-purpose dual carriageway
- THE NEW CROSS LANES JUNCTION AND UNCLASSIFIED SIDE ROADS AT RUTHERFORD LANE AND MOORHOUSE LANE
- In the administrative area of Durham County Council
- 73Eastbound A66 / B6277 compact connector road
- 74Westbound A66 / B6277 compact connector road
- 75New B6277 Moorhouse Lane link road
- 76Realigned Moorhouse Lane (north)
- 77Realigned Rutherford Lane
- 78Realigned Moorhouse Lane (south)
- THE NEW ROKEBY JUNCTION
- In the administrative area of Durham County Council
- 79A66 Eastbound Diverge connector road
- 80Westbound A66 / C165 compact connector road
- 81Rokeby Junction compact grade separated junction
- RECLASSIFICATION OF THE EXISTING A66 AS THE C165
- In the administrative area of Durham County Council
- 82Existing A66
- A66 EASTBOUND MERGE SLIP ROAD FROM RECLASSIFIED C165 BARNARD CASTLE ROUNDABOUT
- In the administrative area of Durham County Council
- 83A66 Eastbound Merge Slip Road
- ROADS TO BE DE-TRUNKED
- In the administrative area of Durham County Council
- 84A66 Junction with Rutherford Lane
- 85A66 Trunk Road
- 86A66 Junction with Moorhouse Lane (South)
- 87A66 Trunk Road
- Part 7: SCHEME 09 – STEPHEN BANK TO CARKIN MOOR
- THE NEW AND IMPROVED A66 TRUNK ROAD
- In the administrative area of the North Yorkshire Council
- 88A66 all-purpose dual carriageway
- 89A66 westbound merge slip road
- THE EXISTING A66 AND WARRENER LANE LINK ROAD
- In the administrative area of the North Yorkshire Council
- 90C108 Warrener Lane
- 91Realigned C12 Collier Lane
- MAINS GILL JUNCTION
- 92Eastbound A66 compact connector road
- 93Westbound A66 compact connector road
- 94Moor Lane link road
- ROADS TO BE DE-TRUNKED
- In the administrative area of the North Yorkshire Council
- 95A66 Trunk Road (west)
- 96A66 Trunk Road (east)
- Schedule 8TRAFFIC REGULATION MEASURES ETC.
- 1SCHEME 0102 – M6 J40 TO KEMPLAY BANK
- 2SCHEME 03 – PENRITH TO TEMPLE SOWERBY
- 3SCHEME 0405 – TEMPLE SOWERBY TO APPLEBY
- 4SCHEME 06 – APPLEBY TO BROUGH
- 5SCHEME 07 – BOWES BYPASS
- 6SCHEME 08 – CROSS LANES TO ROKEBY
- 7SCHEME 09 – STEPHEN BANK TO CARKIN MOOR
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3On street apparatus
- 4Apparatus in closed streets
- 5Protective works to buildings
- 6Acquisition of land
- 7Removal of apparatus
- 8Facilities and rights for alternative apparatus
- 9Retained apparatus
- 10Expenses and costs
- 11Paragraph 11
- 12Cooperation
- 13Paragraph 13
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Part 3: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER
- 19Application
- 20Interpretation
- 21Paragraph 21
- 22Apparatus of National Grid in closed streets
- 23Protective works to buildings
- 24Acquisition of land
- 25Removal of apparatus
- 26Facilities and rights for alternative apparatus
- 27Retained apparatus: protection of electricity undertaker
- 28Expenses
- 29Indemnity
- 30Enactments and agreements
- 31Co-operation
- 32Access
- 33Arbitration
- 34Notices
- Part 4: FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER
- 35Application
- 36Interpretation
- 38Apparatus of National Grid in closed streets
- 39Protective works to buildings
- 40Acquisition of land
- 41Removal of apparatus
- 42Facilities and rights for alternative apparatus
- 43Retained apparatus: protection of gas undertaker
- 44Expenses
- 45Indemnity
- 46Enactments and agreements
- 47Co-operation
- 48Access
- 49Arbitration
- 50Notices
- Part 5: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 51Paragraph 51
- 52Submission and approval of plans
- 53Construction of protective works
- 54Timing of works and service of notices
- 55Works not in accordance with this Schedule
- 56Maintenance of works
- 57Remediating impaired drainage work
- 58Agency access
- 59Free passage of fish
- 60Indemnity
- 61Paragraph 61
- 62Disputes
- Part 6: FOR THE PROTECTION OF NETWORK RAIL INFRASTRUCTURE LIMITED
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- Part 7: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
- 84Paragraph 84
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- Schedule 10DOCUMENTS TO BE CERTIFIED
- Explanatory note