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The M25 Junction 28 Development Consent Order 2022

S.I. 2022/573 · Made 16 May 2022 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 30 October 2024.

Infrastructure Planning

Made 16th May 2022

Coming into force 6th 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The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to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The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 special category land (as defined in article 40(3) of this Order), when burdened with the Order rights (as defined in that article), 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, 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 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).

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 13 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

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. 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. 10Application of the 1991 Act
  14. 11Construction and maintenance of new, altered or diverted streets and other structures
  15. 12Access to works
  16. 13Temporary stopping up and restriction of use of streets
  17. 14Use of private roads
  18. 15Permanent stopping up of streets
  19. 16Classification of roads, etc.
  20. 17Clearways
  21. 18Traffic regulation
  22. Part 4: SUPPLEMENTAL POWERS
  23. 19Discharge of water
  24. 20Powers in relation to watercourses
  25. 21Protective work to buildings
  26. 22Authority to survey and investigate the land
  27. 23Felling or lopping of trees and removal of hedgerows
  28. 24Trees subject to tree preservation orders
  29. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  30. 25Compulsory acquisition of land
  31. 26Compulsory acquisition of land – incorporation of the mineral code
  32. 27Time limit for exercise of authority to acquire land compulsorily
  33. 28Compulsory acquisition of rights and imposition of restrictive covenants
  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. 36Crown rights
  42. 37Statutory undertakers
  43. 38Apparatus and rights of statutory undertakers in stopped up streets
  44. 39Recovery of costs of new connections
  45. 40Special category land
  46. Part 6: MISCELLANEOUS AND GENERAL
  47. 41Application of landlord and tenant law
  48. 42Operational land for purposes of the 1990 Act
  49. 43Defence to proceedings in respect of statutory nuisance
  50. 44Protection of interests
  51. 45Certification of documents, etc.
  52. 46Service of notices
  53. 47Disapplication of legislative provisions
  54. 48Amendment of local legislation
  55. 49No double recovery
  56. 50Disregard of certain improvements etc.
  57. 51Set off for enhancement in value of retained land
  58. 52Appeals relating to the Control of Pollution Act 1974
  59. 53Arbitration
  60. Signature
  61. Schedule 1AUTHORISED DEVELOPMENT
  62. Schedule 2: REQUIREMENTS
  63. Part 1: REQUIREMENTS
  64. 1Interpretation
  65. 2Time limits
  66. 3Detailed design
  67. 4Construction Environmental Management Plan
  68. 5Landscaping
  69. 6Contaminated land and groundwater
  70. 7Protected species
  71. 8Surface and foul water drainage
  72. 9Archaeological remains
  73. 10Traffic management
  74. 11Trees
  75. 12Approvals and amendments to approved details
  76. 13Fencing
  77. 14Operation of M25 Junction 28 Roundabout
  78. 15Maylands Golf Course accommodation works
  79. 16Grove Farm
  80. 17Non-motorised users’ route
  81. 18Code of construction practice
  82. 19Gardens of Peace Muslim Cemetery
  83. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  84. 20Applications made under requirements
  85. 21Further information
  86. 22Register of requirements
  87. 23Anticipatory steps towards compliance with any requirement
  88. 24Details of consultation
  89. Schedule 3: PERMANENT STOPPING UP OF STREETS
  90. 1HIGHWAYS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  91. 2PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  92. Schedule 4: CLASSIFICATION OF ROADS, ETC.
  93. 1SPECIAL ROADS
  94. 2TRANSPORT FOR LONDON ROAD NETWORK
  95. 3TRUNK ROADS
  96. 4SPEED LIMITS
  97. 5TRAFFIC REGULATION MEASURES (CLEARWAYS)
  98. 6OTHER PUBLIC RIGHTS OF WAY
  99. Schedule 5TREES SUBJECT TO TREE PRESERVATION ORDERS
  100. Schedule 6LAND IN WHICH NEW RIGHTS ONLY ETC. MAY BE ACQUIRED
  101. Schedule 7: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  102. Compensation enactments
  103. 1Paragraph 1
  104. 2Paragraph 2
  105. 3Paragraph 3
  106. Application of the 1965 Act
  107. 4Paragraph 4
  108. 5Paragraph 5
  109. Schedule 8LAND OF WHICH TEMPORARY POSSESSION ONLY MAY BE TAKEN
  110. Schedule 9: PROTECTIVE PROVISIONS
  111. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  112. Application
  113. 1Paragraph 1
  114. Interpretation
  115. 2Paragraph 2
  116. On street apparatus
  117. 3Paragraph 3
  118. Apparatus in stopped up streets
  119. 4Paragraph 4
  120. Protective works to buildings
  121. 5Paragraph 5
  122. Acquisition of land
  123. 6Paragraph 6
  124. Removal of apparatus
  125. 7Paragraph 7
  126. Facilities and rights for alternative apparatus
  127. 8Paragraph 8
  128. Retained apparatus
  129. 9Paragraph 9
  130. Expenses and costs
  131. 10Paragraph 10
  132. 11Paragraph 11
  133. Co-operation
  134. 12Paragraph 12
  135. 13Paragraph 13
  136. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  137. 14Paragraph 14
  138. 15Paragraph 15
  139. 16Paragraph 16
  140. 17Paragraph 17
  141. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  142. 18Paragraph 18
  143. 19Paragraph 19
  144. 20Paragraph 20
  145. 21Paragraph 21
  146. 22Paragraph 22
  147. 23Paragraph 23
  148. 24Paragraph 24
  149. 25Paragraph 25
  150. 26Paragraph 26
  151. 27Paragraph 27
  152. 28Paragraph 28
  153. Part 4: FOR THE PROTECTION OF DRAINAGE AUTHORITIES
  154. 29Paragraph 29
  155. 30Paragraph 30
  156. 31Paragraph 31
  157. 32Paragraph 32
  158. 33Paragraph 33
  159. 34Paragraph 34
  160. 35Paragraph 35
  161. 36Paragraph 36
  162. Part 5: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER
  163. Application
  164. 37Paragraph 37
  165. Interpretation
  166. 38Paragraph 38
  167. 39Paragraph 39
  168. Apparatus of National Grid in stopped up streets
  169. 40Paragraph 40
  170. Protective works to buildings
  171. 41Paragraph 41
  172. Acquisition of land
  173. 42Paragraph 42
  174. Removal of apparatus
  175. 43Paragraph 43
  176. Facilities and rights for alternative apparatus
  177. 44Paragraph 44
  178. Retained apparatus: protection of electricity undertaker
  179. 45Paragraph 45
  180. Retained apparatus: protection of gas undertaker
  181. 46Paragraph 46
  182. Expenses
  183. 47Paragraph 47
  184. Indemnity
  185. 48Paragraph 48
  186. Enactments and agreements
  187. 49Paragraph 49
  188. Co-operation
  189. 50Paragraph 50
  190. Access
  191. 51Paragraph 51
  192. Arbitration
  193. 52Paragraph 52
  194. Notices
  195. 53Paragraph 53
  196. Part 6: FOR THE PROTECTION OF CADENT GAS LIMITED
  197. Application
  198. 54Paragraph 54
  199. Interpretation
  200. 55Paragraph 55
  201. On Street apparatus
  202. 56Paragraph 56
  203. Apparatus of Cadent in stopped up streets
  204. 57Paragraph 57
  205. Protective works to buildings
  206. 58Paragraph 58
  207. Acquisition of land
  208. 59Paragraph 59
  209. Removal of apparatus
  210. 60Paragraph 60
  211. Facilities and rights for alternative apparatus
  212. 61Paragraph 61
  213. Retained apparatus: protection of Cadent
  214. 62Paragraph 62
  215. Expenses
  216. 63Paragraph 63
  217. Indemnity
  218. 64Paragraph 64
  219. Enactments and agreements
  220. 65Paragraph 65
  221. Co-operation
  222. 66Paragraph 66
  223. Access
  224. 67Paragraph 67
  225. Arbitration
  226. 68Paragraph 68
  227. Notices
  228. 69Paragraph 69
  229. Part 7: FOR THE PROTECTION OF TRANSPORT FOR LONDON
  230. Application
  231. 70Paragraph 70
  232. Interpretation
  233. 71Paragraph 71
  234. Costs
  235. 72Paragraph 72
  236. Commuted Sum
  237. 73Paragraph 73
  238. Disputes
  239. 74Paragraph 74
  240. Schedule 10DOCUMENTS TO BE CERTIFIED
  241. Explanatory note