The M3 Junction 9 Development Consent Order 2024
S.I. 2024/752 · Made 16 May 2024 · Extends to England and Wales
Infrastructure Planning
Made 16th May 2024
Coming into force in accordance with article 1
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The panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to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The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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
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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. 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
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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 Schedule 13 to the Localism Act 2011.
- f5
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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
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Section 117 was amended by paragraph 58 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 of and paragraph 60 of Schedule 13 to the Localism Act 2011.
- f8
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Section 122 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.
- f9
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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
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- 3Disapplication of legislative provisions
- 4Maintenance of drainage works
- Part 2: PRINCIPAL POWERS
- 5Development consent etc. granted by the Order
- 6Maintenance of authorised development
- 7Planning permission
- 8Limits of deviation
- 9Benefit of Order
- 10Consent to transfer benefit of Order
- Part 3: STREETS
- 11Street works
- 12Power to alter layout etc. of streets
- 13Application of the 1991 Act
- 14Construction and maintenance of new, altered or diverted streets and other structures
- 15Classification of roads, etc.
- 16Temporary stopping up and restriction of use of streets
- 17Permanent stopping up and restriction of use of streets and private means of access
- 18Access to works
- 19Clearways
- 20Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 21Discharge of water
- 22Protective works to buildings
- 23Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 24Compulsory acquisition of land
- 25Compulsory acquisition of land – incorporation of the mineral code
- 26Time limit for exercise of authority to acquire land compulsorily
- 27Compulsory acquisition of rights and imposition of restrictive covenants
- 28Public rights of way
- 29Private rights over land
- 30Modification of Part 1 of the 1965 Act
- 31Application of the 1981 Act
- 32Acquisition of subsoil or airspace only
- 33Rights under or over streets
- 34Temporary use of land for carrying out the authorised development
- 35Temporary use of land for maintaining the authorised development
- 36Statutory undertakers
- 37Apparatus and rights of statutory undertakers in stopped up streets
- 38Recovery of costs of new connections
- Part 6: OPERATIONS
- 39Felling or lopping of trees and removal of hedgerows
- 40Trees subject to tree preservation orders
- Part 7: MISCELLANEOUS AND GENERAL
- 41Removal of human remains
- 42Application of landlord and tenant law
- 43Operational land for purposes of the 1990 Act
- 44Defence to proceedings in respect of statutory nuisance
- 45Protective provisions
- 46Certification of plans etc.
- 47Service of notices
- 48Arbitration
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Environmental Management Plan
- 4Details of consultation
- 5Landscaping
- 6Implementation and maintenance of landscaping
- 7Fencing
- 8Land and groundwater contamination
- 9Archaeology
- 10Protected species
- 11Traffic management
- 12Detailed design
- 13Surface water drainage
- 14Noise Mitigation
- 15Height Restrictions
- 16Approvals and amendments to approved details
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 17Applications made under requirements
- 18Further information
- 19Register of requirements
- 20Anticipatory steps towards compliance with any requirement
- 21Details of consultation
- Schedule 3: CLASSIFICATION OF ROADS, ETC.
- 1SPECIAL ROADS
- 2TRUNK ROADS
- 3ROADS TO BE DE-TRUNKED
- 4CLASSIFIED ROADS
- 5SPEED LIMITS
- 6TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
- 7REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
- 8PUBLIC RIGHTS OF WAY TO BE CREATED
- Schedule 4: PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
- 1Paragraph 1
- 1HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
- 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
- Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
- 1Compensation enactments
- 2Paragraph 2
- 3Paragraph 3
- 4Application of Part 1 of the 1965 Act
- 5Paragraph 5
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8REMOVAL OF HEDGEROWS
- Schedule 9TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 10: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- 3On street apparatus
- 4Apparatus in stopped up streets
- 5Protective works to buildings
- 6Acquisition of land
- 7Removal of apparatus
- 8Facilities and rights for alternative apparatus
- 9Retained apparatus
- 10Expenses and costs
- 11Expenses and costs
- 12Cooperation
- Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Part 3: FOR THE PROTECTION OF SOUTHERN GAS NETWORKS PLC AS GAS UNDERTAKER
- 18Application
- 19Interpretation
- 20On Street Apparatus
- 21Apparatus of SGN in stopped up streets
- 22Protective works to buildings
- 23Acquisition of land
- 24Removal of apparatus
- 25Facilities and rights for alternative apparatus
- 26Retained apparatus: protection of SGN
- 27Expenses
- 28Indemnity
- 29Enactments and agreements
- 30Co-operation
- 31Access
- 32Arbitration
- 33Notices
- Part 4: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
- 34Application
- 35Interpretation
- 36Submission and approval of plans
- 37Construction of protective works
- 38Timing of works and service of notices
- 39Works not in accordance with this Schedule
- 40Maintenance of works
- 41Remediating impaired drainage work
- 42Agency access
- 43Free passage of fish
- 44Indemnity
- 45Disputes
- Schedule 11DOCUMENTS TO BE CERTIFIED
- Explanatory note