The M42 Junction 6 Development Consent Order 2020
S.I. 2020/528 · Made 21 May 2020 · Extends to England and Wales
Infrastructure Planning
Made 21st May 2020
Coming into force 11th June 2020
The application was examined by a 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 examined the application with the documents that accompanied the application, and considered the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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, in exercise of the powers conferred by sections 114, 115, 117, 120, 122 and 123 of, and paragraphs 1 to 3, 10 to 15, 17, 19 to 23, 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
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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. 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.
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by the Order
- 4Maintenance of authorised development
- 5Maintenance of drainage works
- 6Limits of deviation
- 7Benefit of Order
- 8Consent to transfer benefit of Order
- 9Application of the 1990 Act
- 10Application of the Community Infrastructure Levy Regulations 2010
- 11Planning permission
- Part 3: STREETS
- 12Street works
- 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, restriction of use of streets, public rights of way and private means of access
- 18Access to works
- 19Clearways, prohibitions and restrictions
- 20Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 21Discharge of water
- 22Protective work to buildings
- 23Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
- 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 restrictive covenants
- 28Private rights over land
- 29Modification of Part 1 of the 1965 Act
- 30Application of the 1981 Act
- 31Acquisition of subsoil or airspace only
- 32Rights under or over streets
- 33Temporary use of land for carrying out the authorised development
- 34Temporary use of land for maintaining the authorised development
- 35Statutory undertakers
- 36Apparatus and rights of statutory undertakers in stopped up streets
- 37Crown rights
- 38Recovery of costs of new connections
- Part 6: OPERATIONS
- 39Felling or lopping of trees and removal of hedgerows
- Part 7: MISCELLANEOUS AND GENERAL
- 40Application of landlord and tenant law
- 41Operational land for purposes of the 1990 Act
- 42Defence to proceedings in respect of statutory nuisance
- 43Protection of interests
- 44Certification of plans and documents, etc.
- 45Service of notices
- 46No double recovery
- 47Arbitration
- 48Removal of human remains
- 49Application, disapplication and modification of legislative provisions
- 50Amendment of local legislation
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Detailed design
- 4Outline Environmental Management Plan
- 5Landscaping
- 6Contaminated land and groundwater
- 7Protected species
- 8Surface and foul water drainage
- 9Archaeological remains
- 10Traffic management
- 11Amendments to approved details
- 12Fencing
- 13Bickenhill Meadows SSSI
- 14Relocation of Work No. 35 underground storage tank and access
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 15Applications made under requirements
- 16Further information
- 17Register of requirements
- 18Anticipatory steps towards compliance with any requirement
- Schedule 3STREETS SUBJECT TO STREET WORKS
- Schedule 4: CLASSIFICATION OF ROADS, ETC.
- 1SPECIAL ROADS
- 2TRUNK ROADS
- 3CLASSIFIED ROADS
- 4UNCLASSIFIED ROADS
- 5SPEED LIMITS
- 6PUBLIC RIGHTS OF WAY
- Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
- Schedule 6: PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS
- 1STREETS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 2STREETS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 3PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 4PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 5PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 6PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 7ALTERATIONS TO PRIVATE MEANS OF ACCESS
- Schedule 7: CLEARWAYS, PROHIBITIONS AND RESTRICTIONS
- 1TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
- 2TRAFFIC REGULATION MEASURES (WEIGHT RESTRICTIONS)
- Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
- Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Application of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 11: FELLING OR LOPPING OF TREES AND REMOVAL OF HEDGEROWS
- 1TREES IN CONSERVATION AREA
- 2HEDGEROWS TO BE REMOVED OR MANAGED
- Schedule 12: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
- 1Paragraph 1
- 2Paragraph 2
- On street apparatus
- 3Paragraph 3
- Apparatus in stopped up streets
- 4Paragraph 4
- Protective works to buildings
- 5Paragraph 5
- Acquisition of land
- 6Paragraph 6
- Removal of apparatus
- 7Paragraph 7
- Facilities and rights for alternative apparatus
- 8Paragraph 8
- Retained apparatus
- 9Paragraph 9
- Expenses and costs
- 10Paragraph 10
- 11Paragraph 11
- Co-operation
- 12Paragraph 12
- 13Paragraph 13
- 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 NATIONAL GRID AS ELECTRICITY UNDERTAKER
- Application
- 18Paragraph 18
- Interpretation
- 19Paragraph 19
- 20Paragraph 20
- Apparatus of National Grid in stopped up streets
- 21Paragraph 21
- Protective works to buildings
- 22Paragraph 22
- Acquisition of land
- 23Paragraph 23
- Removal of apparatus
- 24Paragraph 24
- Facilities and rights for alternative apparatus
- 25Paragraph 25
- Retained apparatus: protection of electricity undertaker
- 26Paragraph 26
- Expenses
- 27Paragraph 27
- Indemnity
- 28Paragraph 28
- Enactments and agreements
- 29Paragraph 29
- Co-operation
- 30Paragraph 30
- Access
- 31Paragraph 31
- Arbitration
- 32Paragraph 32
- Notices
- 33Paragraph 33
- Part 4: FOR THE PROTECTION OF HIGH SPEED TWO (HS2) LIMITED
- 34Paragraph 34
- 35Paragraph 35
- Regulation of powers
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- Co-operation
- 41Paragraph 41
- Indemnity
- 42Paragraph 42
- Part 5: FOR THE PROTECTION OF CADENT GAS LIMITED
- Application
- 43Paragraph 43
- Interpretation
- 44Paragraph 44
- On Street apparatus
- 45Paragraph 45
- Apparatus of Cadent in stopped up streets
- 46Paragraph 46
- Protective works to buildings
- 47Paragraph 47
- Acquisition of land
- 48Paragraph 48
- Removal of apparatus
- 49Paragraph 49
- Facilities and rights for alternative apparatus
- 50Paragraph 50
- Retained apparatus: protection of Cadent
- 51Paragraph 51
- Expenses
- 52Paragraph 52
- Indemnity
- 53Paragraph 53
- Enactments and agreements
- 54Paragraph 54
- Co-operation
- 55Paragraph 55
- Access
- 56Paragraph 56
- Arbitration
- 57Paragraph 57
- Notices
- 58Paragraph 58
- Schedule 13CERTIFICATION OF PLANS AND DOCUMENTS, ETC.
- Explanatory note