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The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022

S.I. 2022/549 · Made 12 May 2022 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 17 July 2026.

Infrastructure Planning

Made 12th May 2022

Coming into force 2nd June 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 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The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 (as that term is defined in section 131(12) of the 2008 Act) has been or will be given in exchange for the special category land (identified in Part 1 of Schedule 10 to this Order), and replacement land has been or will be vested in the person or persons in whom the special category land is vested 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.

The Secretary of State is satisfied that replacement land (as that term is defined in section 132(12) of the 2008 Act) has been or will be given in exchange for the order rights (as defined in that section) to be acquired over the special category (rights) land (identified in Part 2 of Schedule 10 to this Order), and replacement land has been or will be vested in the person or persons in whom the special category (rights) land is vested and subject to the same rights, trusts and incidents as attach to that land (ignoring this Order), and that, accordingly, section 132(4) of the 2008 Act applies.

The Secretary of State is satisfied that the special category (rights) land (as identified in Part 3 of Schedule 10 to this Order), when burdened with any new rights authorised to be compulsorily acquired under this Order, will be no less advantageous than it was before 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.

The Secretary of State, in exercise of the powers conferred by sections 114f4, 115f5, 117f6, 120f7 and 122f8 of, and paragraphs 1 to 3, 10 to 15, 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5f9 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 and S.I. 2019/734.

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, 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

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. Part 2: PRINCIPAL POWERS
  6. 4Development consent etc. granted by the Order
  7. 5Maintenance of authorised development
  8. 6Maintenance of drainage works
  9. 7Limits of deviation
  10. 8Benefit of Order
  11. 9Consent to transfer benefit of Order
  12. 10Planning permission
  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. 14Temporary closure and restriction of use of streets
  18. 15Permanent stopping up and restriction of use of 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 OF LAND
  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. 26Extinguishment of public rights of way
  32. 27Private rights over land
  33. 28Modification of Part 1 of the 1965 Act
  34. 29Application of the 1981 Act
  35. 30Acquisition of subsoil or airspace only
  36. 31Rights under or over streets
  37. 32Temporary use of land for carrying out the authorised development
  38. 33Temporary use of land for maintaining the authorised development
  39. 34Crown Rights
  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. 44Protection of interests
  52. 45Certification of documents, etc.
  53. 46Service of notices
  54. 47Application of local legislation
  55. 48Arbitration
  56. Signature
  57. Schedule 1AUTHORISED DEVELOPMENT
  58. Schedule 2: REQUIREMENTS
  59. Part 1: REQUIREMENTS
  60. 1Interpretation
  61. 2Time limits
  62. 3Construction and handover environmental management plans
  63. 4Traffic management during construction
  64. 5Detailed design
  65. 6Landscaping
  66. 7Design, layout and implementation of Replacement Land
  67. 8Thames Basin Heaths Special Protection Area (SPA) Compensatory Habitat Creation and Enhancement Measures
  68. 9Cockcrow Green Bridge
  69. 10Bolder Mere Mitigation and Enhancement Area
  70. 11Buxton Wood Environmental Mitigation Area
  71. 12Stratford Brook Environmental Mitigation Area
  72. 13Contaminated land and groundwater
  73. 14Archaeology
  74. 15Protected species
  75. 16Fencing
  76. 17Restoration and/or landscaping of land used temporarily for construction
  77. 18Protection of certain tree roots at RHS Garden Wisley
  78. 19Works in the village of Ripley
  79. 20Approvals and amendments to approved details
  80. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  81. 21Applications made under requirements
  82. 22Pre-application consultation
  83. 23Further information
  84. 24Register of requirements
  85. 25Anticipatory steps towards compliance with any requirement
  86. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  87. 1SPECIAL ROADS
  88. 2TRUNK ROADS
  89. 3CLASSIFIED ROADS
  90. 4UNCLASSIFIED ROADS
  91. 5SPEED LIMITS
  92. 6TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  93. 7REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  94. 8OTHER PUBLIC RIGHTS OF WAY
  95. Schedule 4: PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  96. 1HIGHWAYS AND PUBLIC RIGHTS OF WAY TO BE STOPPED UP OR EXTINGUISHED AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  97. 2HIGHWAYS AND PUBLIC RIGHTS OF WAY TO BE STOPPED UP OR EXTINGUISHED AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  98. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  99. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  100. 5ALTERATIONS TO PRIVATE MEANS OF ACCESS
  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 the 1965 Act
  108. 4Paragraph 4
  109. 5Paragraph 5
  110. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  111. Schedule 8TREES SUBJECT TO TREE PRESERVATION ORDERS
  112. Schedule 9: PROTECTIVE PROVISIONS
  113. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  114. Application
  115. 1Paragraph 1
  116. Interpretation
  117. 2Paragraph 2
  118. On street apparatus
  119. 3Paragraph 3
  120. Apparatus in stopped up streets
  121. 4Paragraph 4
  122. Protective works to buildings
  123. 5Paragraph 5
  124. Acquisition of land
  125. 6Paragraph 6
  126. Removal of apparatus
  127. 7Paragraph 7
  128. Facilities and rights for alternative apparatus
  129. 8Paragraph 8
  130. Retained apparatus
  131. 9Paragraph 9
  132. Expenses and costs
  133. 10Paragraph 10
  134. 11Paragraph 11
  135. Co-operation
  136. 12Paragraph 12
  137. 13Paragraph 13
  138. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  139. 14Paragraph 14
  140. 15Paragraph 15
  141. 16Paragraph 16
  142. 17Paragraph 17
  143. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  144. 18Paragraph 18
  145. 19Paragraph 19
  146. 20Paragraph 20
  147. 21Paragraph 21
  148. 22Paragraph 22
  149. 23Paragraph 23
  150. 24Paragraph 24
  151. 25Paragraph 25
  152. 26Paragraph 26
  153. 27Paragraph 27
  154. 28Paragraph 28
  155. Part 4: FOR THE PROTECTION OF SURREY COUNTY COUNCIL IN RESPECT OF ORDINARY WATERCOURSES
  156. 29Paragraph 29
  157. 30Paragraph 30
  158. Ordinary watercourses
  159. 31Paragraph 31
  160. 32Paragraph 32
  161. 33Paragraph 33
  162. General
  163. 34Paragraph 34
  164. 35Paragraph 35
  165. 36Paragraph 36
  166. 37Paragraph 37
  167. 38Paragraph 38
  168. Part 5: FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER
  169. Application
  170. 39Paragraph 39
  171. Interpretation
  172. 40Paragraph 40
  173. On Street Apparatus
  174. 41Paragraph 41
  175. Apparatus of SGN in stopped up streets
  176. 42Paragraph 42
  177. Protective works to buildings
  178. 43Paragraph 43
  179. Acquisition of land
  180. 44Paragraph 44
  181. Removal of apparatus
  182. 45Paragraph 45
  183. Facilities and rights for alternative apparatus
  184. 46Paragraph 46
  185. Retained apparatus: protection of SGN
  186. 47Paragraph 47
  187. Expenses
  188. 48Paragraph 48
  189. Indemnity
  190. 49Paragraph 49
  191. Enactments and agreements
  192. 50Paragraph 50
  193. Co-operation
  194. 51Paragraph 51
  195. Access
  196. 52Paragraph 52
  197. Arbitration
  198. 53Paragraph 53
  199. Part 6: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
  200. Application
  201. 54Paragraph 54
  202. Interpretation
  203. 55Paragraph 55
  204. 56Paragraph 56
  205. Apparatus of National Grid in stopped up streets
  206. 57Paragraph 57
  207. Protective works to buildings
  208. 58Paragraph 58
  209. Acquisition of land
  210. 59Paragraph 59
  211. Removal of apparatus
  212. 60Paragraph 60
  213. Facilities and rights for alternative apparatus
  214. 61Paragraph 61
  215. Retained apparatus: protection of electricity undertaker
  216. 62Paragraph 62
  217. Expenses
  218. 63Paragraph 63
  219. Indemnity
  220. 64Paragraph 64
  221. Enactments and agreements
  222. 65Paragraph 65
  223. Co-operation
  224. 66Paragraph 66
  225. Access
  226. 67Paragraph 67
  227. Arbitration
  228. 68Paragraph 68
  229. Notices
  230. 69Paragraph 69
  231. Schedule 10: SPECIAL CATEGORY LAND
  232. 1SPECIAL CATEGORY LAND FOR WHICH REPLACEMENT LAND IS PROVIDED
  233. 2SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS PROVIDED
  234. 3SPECIAL CATEGORY (RIGHTS) LAND FOR WHICH REPLACEMENT LAND IS NOT PROVIDED
  235. 4REPLACEMENT LAND
  236. Schedule 11DOCUMENTS TO BE CERTIFIED
  237. Explanatory note