OpenLegislation

The M4 Motorway (Junctions 3 to 12) (Smart Motorway) Development Consent Order 2016

S.I. 2016/863 · Made 2 September 2016 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 30 November 2017.

Infrastructure Planning

Made 2nd September 2016

Coming into force 23rd September 2016

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

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examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 83(1) of the 2008 Act, submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 has considered the effect of the following Order upon land which is open space in accordance with section 131 of the 2008 Act and is satisfied that subsection (4B) of that section applies to such land.

The Secretary of State has considered the effect of the following Order upon land which is common land in plot 20-03 identified in the book of reference and on the land plans in accordance with section 131 of the 2008 Act and is satisfied that subsection (5) of that section applies to such land.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 17, 24, 26, 33, 36 and 37 of Part 1 of Schedule 5 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 as amended by S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I, 2012/2732, S.I. 2013/522 and S.I. 2013/755.

f3

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

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. 5Planning permission
  8. 6Power to deviate
  9. 7Benefit of the Order
  10. 8Consent to transfer benefit of the Order
  11. Part 3: STREETS
  12. 9Application of the 1991 Act
  13. 10Power to alter layout etc. of streets
  14. 11Street works
  15. 12Construction and maintenance of new, altered or diverted streets
  16. 13Permanent stopping up of streets
  17. 14Temporary stopping up of streets
  18. 15Access to works
  19. 16Powers in relation to relevant navigations or watercourses
  20. Part 4: SUPPLEMENTAL POWERS
  21. 17Discharge of water
  22. 18Protective work to buildings
  23. 19Authority to survey and investigate the land
  24. Part 5: POWERS OF ACQUISITION
  25. 20Compulsory acquisition of land
  26. 21Time limit for exercise of authority to acquire land compulsorily
  27. 22Compulsory acquisition of rights
  28. 23Private rights over land
  29. 24Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  30. 25Acquisition of subsoil or air-space only
  31. 26Acquisition of part of certain properties
  32. 27Rights under or over streets
  33. 28Temporary use of land for carrying out the authorised development
  34. 29Temporary use of land for maintaining the authorised development
  35. 30Statutory undertakers
  36. 31Apparatus and rights of statutory undertakers in stopped up streets
  37. 32Recovery of costs of new connections
  38. 33Compulsory acquisition of land – incorporation of the mineral code
  39. 34Special category land
  40. Part 6: MISCELLANEOUS AND GENERAL
  41. 35Felling or lopping of trees
  42. 36Trees subject to tree preservation orders
  43. 37Operational land for purposes of the 1990 Act
  44. 38Defence to proceedings in respect of statutory nuisance
  45. 39Protection of interests
  46. 40Certification of plans, etc.
  47. 41Service of notices
  48. 42Arbitration
  49. 43Traffic regulation
  50. 44Procedure in relation to certain approvals etc.
  51. Signature
  52. Schedule 1AUTHORISED DEVELOPMENT
  53. Schedule 2
  54. Part 1: REQUIREMENTS
  55. 1Interpretation
  56. 2Time limits
  57. 3Detailed design
  58. 4Gantry design
  59. 5Carriageway surfacing
  60. 6Engineering drawings, sections and other information
  61. 7Environmental Management Plan
  62. 8Construction Environmental Management Plan
  63. 9Implementation and maintenance of landscaping
  64. 10Fencing
  65. 11Ecological mitigation
  66. 12Contaminated land and groundwater
  67. 13Protected species
  68. 14Surface water drainage
  69. 15Archaeological remains
  70. 16Written scheme of investigation
  71. 17Buildings at risk
  72. 18Construction traffic management
  73. 19Permanent lighting
  74. 20Amendments to approved details
  75. 21Control of noise during construction of the scheme
  76. 22Acoustic barriers
  77. 23Flood risk
  78. 24Biodiversity management strategy
  79. 25Road restraint standard
  80. 26Air quality monitoring and management
  81. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  82. 27Applications made under requirement
  83. 28Further information
  84. 29Register of requirements
  85. 30Details of consultation
  86. Schedule 3PERMANENT STOPPING UP OF STREETS FOR WHICH A SUBSITUTE IS TO BE PROVIDED
  87. Schedule 4TEMPORARY STOPPING UP OF STREETS
  88. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  89. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  90. Compensation enactments
  91. 1Paragraph 1
  92. 2Paragraph 2
  93. Application of the 1965 Act
  94. 3Paragraph 3
  95. 4Paragraph 4
  96. 5Paragraph 5
  97. 6Paragraph 6
  98. 7Paragraph 7
  99. 8Paragraph 8
  100. 9Paragraph 9
  101. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  102. Schedule 8TREES SUBJECT TO TREE PRESERVATION ORDERS
  103. Schedule 9: PROTECTION OF INTERESTS
  104. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, OIL, WATER AND SEWERAGE UNDERTAKERS
  105. 1Paragraph 1
  106. 2Paragraph 2
  107. Chapter: On street apparatus
  108. 3Paragraph 3
  109. Chapter: Apparatus in stopped up streets
  110. 4Paragraph 4
  111. Chapter: Protective works to buildings
  112. 5Paragraph 5
  113. Chapter: Acquisition of land
  114. 6Paragraph 6
  115. Chapter: Removal of apparatus
  116. 7Paragraph 7
  117. Chapter: Facilities and rights for alternative apparatus
  118. 8Paragraph 8
  119. Chapter: Retained apparatus
  120. 9Paragraph 9
  121. Chapter: Expenses and costs
  122. 10Paragraph 10
  123. 11Paragraph 11
  124. Chapter: Co-operation
  125. 12Paragraph 12
  126. 13Paragraph 13
  127. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  128. 14Paragraph 14
  129. 15Paragraph 15
  130. 16Paragraph 16
  131. 17Paragraph 17
  132. 18Paragraph 18
  133. 19Paragraph 19
  134. Part 3: FOR THE PROTECTION OF RAILWAY INTERESTS
  135. 20Paragraph 20
  136. 21Paragraph 21
  137. 22Paragraph 22
  138. 23Paragraph 23
  139. 24Paragraph 24
  140. 25Paragraph 25
  141. 26Paragraph 26
  142. 27Paragraph 27
  143. 28Paragraph 28
  144. 29Paragraph 29
  145. 30Paragraph 30
  146. 31Paragraph 31
  147. 32Paragraph 32
  148. 33Paragraph 33
  149. 34Paragraph 34
  150. 35Paragraph 35
  151. 36Paragraph 36
  152. 37Paragraph 37
  153. 38Paragraph 38
  154. 39Paragraph 39
  155. 40Paragraph 40
  156. Part 4: FOR THE PROTECTION OF NATIONAL GRID
  157. 41Application
  158. 42Interpretation
  159. 43Interpretation
  160. 44Apparatus of National Grid in stopped up streets
  161. 45Protective works to buildings
  162. 46Acquisition of land
  163. 47Removal of apparatus
  164. 48Facilities and rights for alternative apparatus
  165. 49Retained apparatus: protection for gas undertakers
  166. 50Retained apparatus: protection for electricity undertakers
  167. 51Expenses
  168. 52Indemnity
  169. 53Enactments and agreements
  170. 54Co-operation
  171. 55Access
  172. 56Arbitration
  173. Part 5: FOR THE PROTECTION OF UNITED KINGDOM OIL PIPELINES LIMITED AND WEST LONDON PIPELINE AND STORAGE LIMITED
  174. 57Paragraph 57
  175. 58Paragraph 58
  176. 59On street apparatus
  177. 60Apparatus in stopped up streets
  178. 61Protective works to buildings
  179. 62Acquisition of land
  180. 63Removal of apparatus
  181. 64Facilities and rights for alternative apparatus
  182. 65Retained apparatus
  183. 66Expenses and costs
  184. 67Expenses and costs
  185. 68Co-operation
  186. 69Co-operation
  187. Part 6: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  188. 70Paragraph 70
  189. 71Paragraph 71
  190. 72Paragraph 72
  191. 73Paragraph 73
  192. 74Paragraph 74
  193. 75Paragraph 75
  194. 76Paragraph 76
  195. 77Paragraph 77
  196. 78Paragraph 78
  197. 79Paragraph 79
  198. Part 7: FOR THE PROTECTION OF THAMES WATER
  199. 80Access to Slough Sewage Treatment Works
  200. 81Iver South Sludge Dewatering Centre
  201. 82Iver South Sludge Dewatering Centre
  202. Part 8: FOR THE PROTECTION OF SOUTH EAST WATER
  203. 83Paragraph 83
  204. 84Paragraph 84
  205. 85On street apparatus
  206. 86Apparatus in stopped up streets
  207. 87Protective works to buildings
  208. 88Acquisition of land
  209. 89Removal of apparatus
  210. 90Facilities and rights for alternative apparatus
  211. 91Retained apparatus
  212. 92Expenses and costs
  213. 93Expenses and costs
  214. 94Co-operation
  215. 95Co-operation
  216. Part 9: FOR THE PROTECTION OF HEATHROW AIRPORT LIMITED
  217. 96Paragraph 96
  218. 97Paragraph 97
  219. 98Paragraph 98
  220. 99Paragraph 99
  221. Part 10: FOR THE PROTECTION OF SSE SERVICES PLC AND SOUTHERN ELECTRIC POWER DISTRIBUTION PLC
  222. 100Paragraph 100
  223. 101Paragraph 101
  224. Chapter: On street apparatus
  225. 102Paragraph 102
  226. Chapter: Apparatus in stopped up streets
  227. 103Paragraph 103
  228. Chapter: Protective works to buildings
  229. 104Paragraph 104
  230. Chapter: Acquisition of land
  231. 105Paragraph 105
  232. Chapter: Removal of apparatus
  233. 106Paragraph 106
  234. Chapter: Facilities and rights for alternative apparatus
  235. 107Paragraph 107
  236. Chapter: Retained apparatus
  237. 108Paragraph 108
  238. Chapter: Expenses and costs
  239. 109Paragraph 109
  240. 110Paragraph 110
  241. Chapter: Co-operation
  242. 111Paragraph 111
  243. 112Paragraph 112
  244. Schedule 10DOCUMENTS SUBJECT TO CERTIFICATION
  245. Schedule 11: PROCEDURE FOR DISCHARGE OF CERTAIN APPROVALS
  246. 1Applications made for certain approvals
  247. 2Further information
  248. 3Fees
  249. 4Appeals
  250. 5Interpretation of Schedule 11
  251. Schedule 12ENGINEERING DRAWINGS, SECTIONS AND OTHER INFORMATION
  252. Explanatory note