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The M3 Junction 9 Development Consent Order 2024

S.I. 2024/752 · Made 16 May 2024 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 10 October 2024.

Infrastructure Planning

Made 16th May 2024

Coming into force in accordance with article 1

An application has been made to the Secretary of State under section 37 of the Planning Act 2008f1 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 (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The panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to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The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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, in exercise of the powers conferred by sections 114f4, 115f5, 117f6, 120f7, and 122f8 of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 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. 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 and S.I. 2023/1071; modified by S.I. 2012/147 and S.I. 2012/1659.

f3

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

f4

Section 114 was amended by paragraph 55 of Schedule 13 to the Localism Act 2011.

f5

Section 115 was amended by paragraph 56 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 Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

f7

Section 120 was amended by section 140 of and paragraph 60 of Schedule 13 to the Localism Act 2011.

f8

Section 122 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

f9

Part 1 of Schedule 5 was amended by paragraph 4 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraph 71 of Schedule 13 to the Localism Act 2011 and paragraph 76 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. 4Maintenance of drainage works
  6. Part 2: PRINCIPAL POWERS
  7. 5Development consent etc. granted by the Order
  8. 6Maintenance of authorised development
  9. 7Planning permission
  10. 8Limits of deviation
  11. 9Benefit of Order
  12. 10Consent to transfer benefit of Order
  13. Part 3: STREETS
  14. 11Street works
  15. 12Power to alter layout etc. of streets
  16. 13Application of the 1991 Act
  17. 14Construction and maintenance of new, altered or diverted streets and other structures
  18. 15Classification of roads, etc.
  19. 16Temporary stopping up and restriction of use of streets
  20. 17Permanent stopping up and restriction of use of streets and private means of access
  21. 18Access to works
  22. 19Clearways
  23. 20Traffic regulation
  24. Part 4: SUPPLEMENTAL POWERS
  25. 21Discharge of water
  26. 22Protective works to buildings
  27. 23Authority to survey and investigate the land
  28. Part 5: POWERS OF ACQUISITION
  29. 24Compulsory acquisition of land
  30. 25Compulsory acquisition of land – incorporation of the mineral code
  31. 26Time limit for exercise of authority to acquire land compulsorily
  32. 27Compulsory acquisition of rights and imposition of restrictive covenants
  33. 28Public rights of way
  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. 36Statutory undertakers
  42. 37Apparatus and rights of statutory undertakers in stopped up streets
  43. 38Recovery of costs of new connections
  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. 41Removal of human remains
  49. 42Application of landlord and tenant law
  50. 43Operational land for purposes of the 1990 Act
  51. 44Defence to proceedings in respect of statutory nuisance
  52. 45Protective provisions
  53. 46Certification of plans etc.
  54. 47Service of notices
  55. 48Arbitration
  56. Signature
  57. Schedule 1AUTHORISED DEVELOPMENT
  58. Schedule 2: REQUIREMENTS
  59. Part 1: REQUIREMENTS
  60. 1Interpretation
  61. 2Time limits
  62. 3Environmental Management Plan
  63. 4Details of consultation
  64. 5Landscaping
  65. 6Implementation and maintenance of landscaping
  66. 7Fencing
  67. 8Land and groundwater contamination
  68. 9Archaeology
  69. 10Protected species
  70. 11Traffic management
  71. 12Detailed design
  72. 13Surface water drainage
  73. 14Noise Mitigation
  74. 15Height Restrictions
  75. 16Approvals and amendments to approved details
  76. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  77. 17Applications made under requirements
  78. 18Further information
  79. 19Register of requirements
  80. 20Anticipatory steps towards compliance with any requirement
  81. 21Details of consultation
  82. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  83. 1SPECIAL ROADS
  84. 2TRUNK ROADS
  85. 3ROADS TO BE DE-TRUNKED
  86. 4CLASSIFIED ROADS
  87. 5SPEED LIMITS
  88. 6TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  89. 7REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  90. 8PUBLIC RIGHTS OF WAY TO BE CREATED
  91. Schedule 4: PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  92. 1Paragraph 1
  93. 1HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  94. 2PRIVATE 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
  95. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  96. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  97. 1Compensation enactments
  98. 2Paragraph 2
  99. 3Paragraph 3
  100. 4Application of Part 1 of the 1965 Act
  101. 5Paragraph 5
  102. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  103. Schedule 8REMOVAL OF HEDGEROWS
  104. Schedule 9TREES SUBJECT TO TREE PRESERVATION ORDERS
  105. Schedule 10: PROTECTIVE PROVISIONS
  106. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3On street apparatus
  110. 4Apparatus in stopped up streets
  111. 5Protective works to buildings
  112. 6Acquisition of land
  113. 7Removal of apparatus
  114. 8Facilities and rights for alternative apparatus
  115. 9Retained apparatus
  116. 10Expenses and costs
  117. 11Expenses and costs
  118. 12Cooperation
  119. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  120. 14Paragraph 14
  121. 15Paragraph 15
  122. 16Paragraph 16
  123. 17Paragraph 17
  124. Part 3: FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER
  125. 18Application
  126. 19Interpretation
  127. 20On Street Apparatus
  128. 21Apparatus of SGN in stopped up streets
  129. 22Protective works to buildings
  130. 23Acquisition of land
  131. 24Removal of apparatus
  132. 25Facilities and rights for alternative apparatus
  133. 26Retained apparatus: protection of SGN
  134. 27Expenses
  135. 28Indemnity
  136. 29Enactments and agreements
  137. 30Co-operation
  138. 31Access
  139. 32Arbitration
  140. 33Notices
  141. Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  142. 34Application
  143. 35Interpretation
  144. 36Submission and approval of plans
  145. 37Construction of protective works
  146. 38Timing of works and service of notices
  147. 39Works not in accordance with this Schedule
  148. 40Maintenance of works
  149. 41Remediating impaired drainage work
  150. 42Agency access
  151. 43Free passage of fish
  152. 44Indemnity
  153. 45Disputes
  154. Schedule 11DOCUMENTS TO BE CERTIFIED
  155. Explanatory note