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The Cambridge Waste Water Treatment Plant Relocation Order 2025

S.I. 2025/452 · Made 2 April 2025

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Infrastructure Planning

Made 2nd April 2025

Coming into force 23rd April 2025

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 in accordance with Chapter 4 of Part 6 of the 2008 Act and the Infrastructure Planning (Examination Procedure) Rules 2010f3 by a panel of 3 members (“the Panel”) appointed by the Secretary of State in accordance with Chapter 2 of Part 6 of the 2008 Act.

The Panel, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 change 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 4, 8, 10 to 15, 17, 20, 22, 23, 26, 33 to 37 of Part 1 of 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). Section 37 was amended by sections 128(2) and 137 of, and paragraphs 1 and 5 of Part 1 of Schedule 13 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, S.I. 2022/634, S.I. 2023/1071 and S.I. 2024/332.

f3

S.I. 2010/103, amended by S.I. 2012/635 and S.I. 2024/317.

f4

Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

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 (c. 20), 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 (c. 20).

f7

Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f8

Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

f9

Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011 (c. 20).

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 (c. 20) and paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017 (c. 4).

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. 4Authorisation of use
  7. 5Maintenance of authorised development
  8. 6Limits of deviation
  9. 7Benefit of Order
  10. 8Transfer of benefit of Order
  11. 9Defence to proceedings in respect of statutory nuisance
  12. Part 3: STREETS
  13. 10Street works
  14. 11Power to alter layout, etc, of streets
  15. 12Temporary stopping up of streets
  16. 13Public rights of way – creation, temporary stopping up and diversion
  17. 14Access to works
  18. 15Maintenance of highway works
  19. 16Speed limits
  20. 17Traffic regulation
  21. 18Agreements with highway authorities
  22. Part 4: SUPPLEMENTAL POWERS
  23. 19Discharge of water
  24. 20Protective works to buildings and structures
  25. 21Authority to survey and investigate the land
  26. 22Removal of human remains
  27. 23Felling or lopping of trees and removal of hedgerows
  28. 24Trees subject to tree preservation orders
  29. 25Trees in conservation areas
  30. Part 5: ACQUISITION AND POSSESSION OF LAND
  31. 26Compulsory acquisition of land
  32. 27Time limit for exercise of authority to acquire land compulsorily
  33. 28Compulsory acquisition of rights and imposition of restrictive covenants
  34. 29Acquisition of subsoil only
  35. 30Acquisition of land limited to subsoil lying more than 7 metres beneath surface
  36. 31Private Rights
  37. 32Power to override easements and other rights
  38. 33Application and modification of the 1981 Act
  39. 34Modification of Part 1 of the 1965 Act
  40. 35Temporary use of land for carrying out the authorised development
  41. 36Temporary use of land for maintaining the authorised development
  42. 37Disregard of certain interests and improvements
  43. 38Set-off for enhancement in value of retained land
  44. 39No double recovery
  45. 40Compulsory acquisition of land – incorporation of the mineral code
  46. 41Statutory undertakers
  47. 42Recovery of costs of new connections
  48. 43Rights under or over streets
  49. Part 6: MISCELLANEOUS AND GENERAL
  50. 44Rights on the river Cam
  51. 45Application of landlord and tenant law
  52. 46Operational land for the purposes of the 1990 Act
  53. 47Protective Provisions
  54. 48Discharge of requirements and other approvals etc
  55. 49Application, disapplication and modification of legislative provisions
  56. 50Crown rights
  57. 51Certification of plans etc.
  58. 52Arbitration
  59. 53Service of notices
  60. Signature
  61. Schedule 1AUTHORISED DEVELOPMENT
  62. Schedule 2: REQUIREMENTS
  63. Part 1: REQUIREMENTS
  64. 1Paragraph 1
  65. 2Time limit
  66. 3Phasing
  67. 4Parameters of authorised development
  68. 5Requirement for written approval
  69. 6Approved details and amendments to them
  70. 7Detailed design
  71. 8Code of construction practice
  72. 9Construction environmental management plans
  73. 10Outfall
  74. 11Landscape, ecological and recreational management plan
  75. 12Operational workers travel plan
  76. 13Archaeological investigation mitigation strategy
  77. 14Construction lighting
  78. 15Drainage
  79. 16Contamination risk
  80. 17Decommissioning
  81. 18Operational Asset Management Plan
  82. 19Operational logistics traffic plan
  83. 20Odour management plan
  84. 21Carbon management plan
  85. 22Operational water quality monitoring plan
  86. 23Discovery centre
  87. 24Operational Wildlife Hazard Management Plan
  88. 25Biodiversity net gain
  89. 26Temporary stopping up of public rights of way
  90. 27Bridleway
  91. Part 2: PROCEDURE FOR DISCHARGE OF CERTAIN APPROVALS
  92. 1Applications made for certain approvals
  93. 2Further information
  94. 3Appeals
  95. 4Interpretation of Part 2 of Schedule 2
  96. Schedule 3STREETS SUBJECT TO STREET WORKS
  97. Schedule 4STREETS SUBJECT TO ALTERATION OF LAYOUT
  98. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  99. Schedule 6: PUBLIC RIGHTS OF WAY
  100. 1PUBLIC RIGHTS OF WAY TO BE TEMPORARILY STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  101. 2NEW PUBLIC RIGHT OF WAY TO BE CREATED
  102. Schedule 7ACCESS TO WORKS
  103. Schedule 8: SPEED LIMITS
  104. 1TEMPORARY SPEED LIMITS
  105. 2PERMANENT SPEED LIMITS
  106. Schedule 9: TRAFFIC REGULATION
  107. 1TEMPORARY
  108. 2PROHIBITED MOVEMENTS
  109. Schedule 10LAND IN WHICH ONLY NEW RIGHTS ETC MAY BE ACQUIRED
  110. Schedule 11LAND OF WHICH ONLY SUBSOIL MORE THAN 7 METRES BENEATH THE SURFACE MAY BE ACQUIRED TOGETHER WITH NEW RIGHTS AND/OR RESTRICTIVE COVENANTS
  111. Schedule 12LAND OF WHICH TEMPORARY POSSESSION ONLY MAY BE TAKEN
  112. Schedule 13: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND THE IMPOSITION OF RESTRICTIVE COVENANTS
  113. 1Paragraph 1
  114. 2Paragraph 2
  115. 3Paragraph 3
  116. 4Application of Part 1 of the 1965 Act
  117. 5Application of Part 1 of the 1965 Act
  118. 6Application of Part 1 of the 1965 Act
  119. 7Application of Part 1 of the 1965 Act
  120. 8Application of Part 1 of the 1965 Act
  121. 9Application of Part 1 of the 1965 Act
  122. 10Application of Part 1 of the 1965 Act
  123. Schedule 14: PARAMETERS
  124. 1TERMINAL PUMPING STATION (WORK No. 16)
  125. 2STORM TANKS (WORK No. 14)
  126. 3INLET WORKS (WORK No. 4)
  127. 4PRIMARY SETTLEMENT TANKS (WORK No. 6)
  128. 5ACTIVATED SLUDGE PROCESS TANKS (WORK No. 10)
  129. 6FINAL SETTLEMENT TANKS (WORK No. 11)
  130. 7TERTIARY TREATMENT PLANT (WORK No. 13)
  131. 8SLUDGE STORAGE CAPACITY (WORK No. 8)
  132. 9THICKENING EQUIPMENT (WORK No. 8)
  133. 10ODOUR CONTROL PLANT (WORK No. 8)
  134. 11DIGESTERS (WORK No. 8)
  135. 12CAKE DEWATERING AND STORAGE (WORK No. 8)
  136. 13LIQUOR TREATMENT PLANT (WORK No. 8)
  137. 14NUTRIENT RECOVERY OPTION (WORK No. 8)
  138. 15GAS HANDLING EQUIPMENT OPTIONS (WORK Nos. 8 and 9)
  139. 16STEAM RAISING BOILER (WORK No. 8)
  140. 17INTERNAL ROADS (FURTHER WORKS WITHIN THE INNER BOUNDARY OF WORK No. 15)
  141. 18BUILDINGS AND OTHER FACILITIES (WORK Nos. 3, 7, 19 and FURTHER WORKS)
  142. 19CONSTRUCTION COMPOUNDS (WORK Nos. 18, 25, 28, 32 and 34)
  143. 20TRANSFER TUNNEL (WORK Nos. 18 and 27)
  144. 21OUTFALL STRUCTURE (WORK No. 32)
  145. 22SOLAR INSTALLATION (WORK Nos. 7, 15 and 19)
  146. 23HEIGHTS OF SLIM STRUCTURES NOT INCLUDED IN OTHER PARTS
  147. 24PARAPET OVER THE A14 (WORK No. 1)
  148. Schedule 15: PROTECTIVE PROVISIONS
  149. Part 1: FOR THE PROTECTION OF ELECTRICITY AND GAS UNDERTAKERS
  150. 1Application
  151. 2Application
  152. 3Precedence of the 1991 Act in respect of apparatus in the streets
  153. 4Removal of apparatus
  154. 5Facilities and rights for alternative apparatus
  155. 6Retained apparatus
  156. 7Expenses and costs
  157. 8Compensation
  158. Part 2: FOR THE PROTECTION OF EASTERN POWER NETWORKS PLC
  159. 9Application
  160. 10Interpretation
  161. 11On-street apparatus
  162. 12Temporary closure of streets
  163. 13Acquisition of land
  164. 14Removal of apparatus
  165. 15Facilities and rights for alternative apparatus
  166. 16Retained apparatus
  167. 17Expenses
  168. 18Indemnity
  169. Part 3: FOR THE PROTECTION OF CADENT GAS LIMITED AS GAS UNDERTAKER
  170. 19Application
  171. 20Interpretation
  172. 21On street apparatus
  173. 22Apparatus of Cadent in stopped up streets
  174. 23Protective works to buildings
  175. 24Acquisition of land
  176. 25Removal of apparatus
  177. 26Facilities and rights for alternative apparatus
  178. 27Retained apparatus: protection of Cadent
  179. 28Expenses
  180. 29Indemnity
  181. 30Enactments and agreements
  182. 31Co-operation
  183. 32Access
  184. 33Arbitration
  185. 34Notices
  186. Part 4: FOR THE PROTECTION OF RAILWAY INTERESTS
  187. 35Paragraph 35
  188. 36Paragraph 36
  189. 37Paragraph 37
  190. 38Paragraph 38
  191. 39Paragraph 39
  192. 40Paragraph 40
  193. 41Paragraph 41
  194. 42Paragraph 42
  195. 43Paragraph 43
  196. 44Paragraph 44
  197. 45Paragraph 45
  198. 46Paragraph 46
  199. 47Paragraph 47
  200. 48Paragraph 48
  201. 49Paragraph 49
  202. 50Paragraph 50
  203. 51Paragraph 51
  204. 52Paragraph 52
  205. 53Paragraph 53
  206. 54Paragraph 54
  207. Part 5: FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED
  208. 55Application etc.,
  209. 56Interpretation
  210. 57General
  211. 58General
  212. 59Works outside the Order limits
  213. 60Prior approvals and security
  214. 61Construction of the specified works
  215. 62Payments
  216. 63Provisional Certificate
  217. 64Opening
  218. 65Final condition survey
  219. 66Defects Period
  220. 67Final Certificate
  221. 68Security
  222. 69Commuted sums
  223. 70Insurance
  224. 71Indemnity
  225. 72Maintenance of the specified works
  226. 73Land or rights
  227. 74Expert Determination
  228. Part 6: FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES
  229. 75Application etc.
  230. 76Interpretation
  231. 77Interpretation
  232. 78Dispositions
  233. 79Prior approvals and security
  234. 80Construction of the specified works
  235. 81Programme and method statement/commencement of the specified works
  236. 82Deviations from approved programme and method statement and traffic management proposals
  237. 83Completion of the works
  238. 84Access, inspection and testing
  239. 85Inspection and testing (covered work and foundations)
  240. 86Statutory undertakers (highways)
  241. 87Progress of the specified works
  242. 88Provisional Certificate of Completion
  243. 89Maintenance and defects correction
  244. 90Stage 4 safety audit
  245. 91Final Certificate
  246. 92Indemnity
  247. 93Insurance
  248. 94Variation to council specification and approved drawings
  249. 95Default
  250. 96CDM Regulations
  251. 97Telecommunications apparatus
  252. 98Commuted sum and asset fees
  253. 99Safety Audit Costs
  254. 100Cash Deposit
  255. 101Dispute provisions
  256. 102Documents submitted for approval
  257. 103Agreement Fee
  258. 104Additional technical vetting costs
  259. 105Submissions of Drawings
  260. 106As built drawings
  261. Part 7: FOR THE PROTECTION OF THE RELEVANT NAVIGATION AUTHORITY
  262. 107Paragraph 107
  263. 108Paragraph 108
  264. 109River works
  265. 110Details for approval
  266. 111Intention to commence Work No. 31 and Work No. 32
  267. 112Expenses
  268. 113Indemnity
  269. 114Disputes
  270. Part 8: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  271. 115Paragraph 115
  272. 116Paragraph 116
  273. 117Paragraph 117
  274. 118Paragraph 118
  275. 119Paragraph 119
  276. 120Paragraph 120
  277. 121Paragraph 121
  278. 122Paragraph 122
  279. Part 9: FOR THE PROTECTION OF CAMBRIDGE WATER
  280. 123Paragraph 123
  281. 124Paragraph 124
  282. 125Paragraph 125
  283. 126Apparatus of Cambridge Water
  284. 127Apparatus of Cambridge Water
  285. 128Apparatus of Cambridge Water
  286. 129Acquisition of land
  287. 130Acquisition of land
  288. 131Acquisition of land
  289. 132Access
  290. 133Unmapped apparatus
  291. 134Costs
  292. 135Expenses
  293. 136Co-operation
  294. Part 10: FOR THE PROTECTION OF THE LEAD LOCAL FLOOD AUTHORITY
  295. 137Paragraph 137
  296. 138Paragraph 138
  297. 139Paragraph 139
  298. 140Paragraph 140
  299. 141Paragraph 141
  300. 142Paragraph 142
  301. 143Paragraph 143
  302. Schedule 16: REMOVAL OF HEDGEROWS
  303. 1REMOVAL OF HEDGEROWS
  304. 2REMOVAL OF IMPORTANT HEDGEROWS
  305. Schedule 17: MISCELLANEOUS CONTROLS
  306. 1Introduction
  307. 2Highways Act 1980
  308. 3Party Wall etc Act 1996
  309. 4Planning Act 2008 – Application of the 2010 Regulations (Community infrastructure Levy)
  310. 5Town and Country Planning Act 1990
  311. 6Flood and Water Management Act 2010
  312. 7Control of Pollution Act 1974
  313. 8Burial Act 1857
  314. Schedule 18CERTIFICATION OF PLANS AND DOCUMENTS
  315. Schedule 19: ARBITRATION RULES
  316. 1Primary objective
  317. 2Time periods
  318. 3Timetable
  319. 4Procedure
  320. 5Arbitrator’s powers
  321. 6Costs
  322. 7Confidentiality
  323. Explanatory note