The M5 Junction 10 Development Consent Order 2025
S.I. 2025/795 · Made 4 June 2025 · Extends to England and Wales
Infrastructure Planning
Made 4th June 2025
Coming into force 25th June 2025
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The panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to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The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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, 122f8, 123f9, 127f10 , 135, 138f11, 147f12, 154, and 229 of, and paragraphs 1 to 4, 10 to 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
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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. 2010/602, S.I. 2010/439, 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. 2014/3281, S.I. 2015/377, S.I. 2015/1682. S.I. 2017/324, S.I. 2017/572; S.I. 2019/734, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634, S.I. 2023/1071 and S.I. 2024/332.
- 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 paragraph 1 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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Section 123 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.
- f10
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Section 127 was amended by paragraph 64(2) of Schedule 13 to the Localism Act 2011 and section 23(2) of the Growth and Infrastructure Act 2013 (c. 27).
- f11
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Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013.
- f12
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Section 147 was amended by paragraph 68 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.
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
- 12Application of the 1991 Act
- 13Construction and maintenance of new, altered or diverted streets and other structures
- 14Classification of roads, etc.
- 15Temporary stopping up and restriction of use of streets
- 16Permanent stopping up and restriction of use of streets and private means of access
- 17Access to works
- Part 4: SUPPLEMENTAL POWERS
- 18Discharge of water
- 19Protective works to buildings
- 20Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION
- 21Compulsory acquisition of land
- 22Compulsory acquisition of land – incorporation of the mineral code
- 23Time limit for exercise of authority to acquire land compulsorily
- 24Compulsory acquisition of rights and imposition of restrictive covenants
- 25Public rights of way
- 26Private rights over land
- 27Modification of Part 1 of the 1965 Act
- 28Application of the 1981 Act
- 29Acquisition of subsoil or airspace only
- 30Rights under or over streets
- 31Temporary use of land for carrying out the authorised development
- 32Temporary use of land for maintaining the authorised development
- 33Statutory undertakers
- 34Apparatus and rights of statutory undertakers in stopped up streets
- 35Recovery of costs of new connections
- Part 6: OPERATIONS
- 36Felling or lopping of trees and removal of hedgerows
- 37Trees subject to tree preservation orders
- 38Removal of human remains
- Part 7: MISCELLANEOUS AND GENERAL
- 39Application of landlord and tenant law
- 40Operational land for purposes of the 1990 Act
- 41Defence to proceedings in respect of statutory nuisance
- 42Protective provisions
- 43Crown Rights
- 44Certification of plans etc.
- 45Service of notices
- 46Arbitration
- 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
- 11Detailed design
- 12Surface water drainage
- 13Flood compensation and flood storage
- 14Flood risk assessment
- 15Noise Mitigation
- 16Highway lighting
- 17Building and construction materials – highways
- 18Building and construction materials – structures
- 19Approvals and amendments to approved details
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 20Applications made under requirements
- 21Further information
- 22Register of requirements
- 23Anticipatory steps towards compliance with any requirement
- Schedule 3: CLASSIFICATION OF ROADS, ETC.
- 1SPECIAL ROADS
- 2CLASSIFIED ROADS
- 3UNCLASSIFIED ROADS
- 4SPEED LIMITS
- 5TRAFFIC REGULATION MEASURES
- 6REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
- 7PUBLIC RIGHTS OF WAY
- Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
- 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTES IS TO BE PROVIDED
- 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
- 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS PROVIDED
- 4PRIVATE 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
- 2Compensation enactments
- 3Compensation enactments
- 4Application of Part 1 of the 1965 Act
- 5Application of Part 1 of the 1965 Act
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 9: 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
- 13Cooperation
- 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 HIGHWAYS LIMITED
- 18Application etc.
- 19Interpretation
- 20General
- 21General
- 22General
- 23Works outside the Order limits
- 24Prior approvals and security
- 25Construction of the specified works
- 26Payments
- 27Provisional Certificate
- 28Opening
- 29Final condition survey
- 30Defects Period
- 31Final Certificate
- 32Security
- 33Commuted sums
- 34Insurance
- 35Indemnity
- 36Maintenance of the specified works
- 37Land
- 38Expert Determination
- Part 4: FOR THE PROTECTION OF SEVERN TRENT WATER LIMITED
- 39Paragraph 39
- 40Paragraph 40
- 41On street apparatus
- 42Apparatus in stopped up streets
- 43Protective works to buildings
- 44Acquisition of land
- 45Removal of apparatus
- 46Facilities and rights for alternative apparatus
- 47Retained apparatus
- 48Expenses and costs
- 49Liability
- 50Cooperation
- 51Cooperation
- 52Cooperation
- 53Cooperation
- Part 5: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (WEST MIDLANDS) PLC
- 54Application
- 55Interpretation
- 56On street apparatus
- 57No acquisition except by agreement
- 58Removal of apparatus
- 59Facilities and rights for alternative apparatus
- 60Retained apparatus
- 61Expenses and costs
- 62Liability
- 63Expert determination
- 64Cooperation
- Part 6: FOR THE PROTECTION OF WALES & WEST UTILITIES
- 65Paragraph 65
- 66Paragraph 66
- 67On street apparatus
- 68Apparatus in stopped up streets
- 69Protective works to buildings
- 70No acquisition except by agreement
- 71Removal of apparatus
- 72Facilities and rights for alternative apparatus
- 73Retained apparatus
- 74Expenses and costs
- 75Indemnity
- 76Cooperation
- 77Cooperation
- Part 7: FOR THE PROTECTION OF BT OPENREACH LIMITED
- 78Paragraph 78
- 79Paragraph 79
- 80Paragraph 80
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84HVDC Installation
- Schedule 10DOCUMENTS TO BE CERTIFIED
- Explanatory note