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The M5 Junction 10 Development Consent Order 2025

S.I. 2025/795 · Made 4 June 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 3 November 2025.

Infrastructure Planning

Made 4th June 2025

Coming into force 25th June 2025

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The panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to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The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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, 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

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. 2010/602, 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

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 paragraph 1 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

Section 123 was amended by paragraph 62 of Schedule 13 to the Localism Act 2011.

f10

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

Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013.

f12

Section 147 was amended by paragraph 68 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

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. 12Application of the 1991 Act
  16. 13Construction and maintenance of new, altered or diverted streets and other structures
  17. 14Classification of roads, etc.
  18. 15Temporary stopping up and restriction of use of streets
  19. 16Permanent stopping up and restriction of use of streets and private means of access
  20. 17Access to works
  21. Part 4: SUPPLEMENTAL POWERS
  22. 18Discharge of water
  23. 19Protective works to buildings
  24. 20Authority to survey and investigate the land
  25. Part 5: POWERS OF ACQUISITION
  26. 21Compulsory acquisition of land
  27. 22Compulsory acquisition of land – incorporation of the mineral code
  28. 23Time limit for exercise of authority to acquire land compulsorily
  29. 24Compulsory acquisition of rights and imposition of restrictive covenants
  30. 25Public rights of way
  31. 26Private rights over land
  32. 27Modification of Part 1 of the 1965 Act
  33. 28Application of the 1981 Act
  34. 29Acquisition of subsoil or airspace only
  35. 30Rights under or over streets
  36. 31Temporary use of land for carrying out the authorised development
  37. 32Temporary use of land for maintaining the authorised development
  38. 33Statutory undertakers
  39. 34Apparatus and rights of statutory undertakers in stopped up streets
  40. 35Recovery of costs of new connections
  41. Part 6: OPERATIONS
  42. 36Felling or lopping of trees and removal of hedgerows
  43. 37Trees subject to tree preservation orders
  44. 38Removal of human remains
  45. Part 7: MISCELLANEOUS AND GENERAL
  46. 39Application of landlord and tenant law
  47. 40Operational land for purposes of the 1990 Act
  48. 41Defence to proceedings in respect of statutory nuisance
  49. 42Protective provisions
  50. 43Crown Rights
  51. 44Certification of plans etc.
  52. 45Service of notices
  53. 46Arbitration
  54. Signature
  55. Schedule 1AUTHORISED DEVELOPMENT
  56. Schedule 2: REQUIREMENTS
  57. Part 1: REQUIREMENTS
  58. 1Interpretation
  59. 2Time limits
  60. 3Environmental Management Plan
  61. 4Details of consultation
  62. 5Landscaping
  63. 6Implementation and maintenance of landscaping
  64. 7Fencing
  65. 8Land and groundwater contamination
  66. 9Archaeology
  67. 10Protected species
  68. 11Detailed design
  69. 12Surface water drainage
  70. 13Flood compensation and flood storage
  71. 14Flood risk assessment
  72. 15Noise Mitigation
  73. 16Highway lighting
  74. 17Building and construction materials – highways
  75. 18Building and construction materials – structures
  76. 19Approvals and amendments to approved details
  77. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  78. 20Applications made under requirements
  79. 21Further information
  80. 22Register of requirements
  81. 23Anticipatory steps towards compliance with any requirement
  82. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  83. 1SPECIAL ROADS
  84. 2CLASSIFIED ROADS
  85. 3UNCLASSIFIED ROADS
  86. 4SPEED LIMITS
  87. 5TRAFFIC REGULATION MEASURES
  88. 6REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  89. 7PUBLIC RIGHTS OF WAY
  90. Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  91. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTES IS TO BE PROVIDED
  92. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  93. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS PROVIDED
  94. 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
  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. 2Compensation enactments
  99. 3Compensation enactments
  100. 4Application of Part 1 of the 1965 Act
  101. 5Application of Part 1 of the 1965 Act
  102. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  103. Schedule 8TREES SUBJECT TO TREE PRESERVATION ORDERS
  104. Schedule 9: PROTECTIVE PROVISIONS
  105. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER, AND SEWERAGE UNDERTAKERS
  106. 1Paragraph 1
  107. 2Paragraph 2
  108. 3On street apparatus
  109. 4Apparatus in stopped up streets
  110. 5Protective works to buildings
  111. 6Acquisition of land
  112. 7Removal of apparatus
  113. 8Facilities and rights for alternative apparatus
  114. 9Retained apparatus
  115. 10Expenses and costs
  116. 11Expenses and costs
  117. 12Cooperation
  118. 13Cooperation
  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 NATIONAL HIGHWAYS LIMITED
  125. 18Application etc.
  126. 19Interpretation
  127. 20General
  128. 21General
  129. 22General
  130. 23Works outside the Order limits
  131. 24Prior approvals and security
  132. 25Construction of the specified works
  133. 26Payments
  134. 27Provisional Certificate
  135. 28Opening
  136. 29Final condition survey
  137. 30Defects Period
  138. 31Final Certificate
  139. 32Security
  140. 33Commuted sums
  141. 34Insurance
  142. 35Indemnity
  143. 36Maintenance of the specified works
  144. 37Land
  145. 38Expert Determination
  146. Part 4: FOR THE PROTECTION OF SEVERN TRENT WATER LIMITED
  147. 39Paragraph 39
  148. 40Paragraph 40
  149. 41On street apparatus
  150. 42Apparatus in stopped up streets
  151. 43Protective works to buildings
  152. 44Acquisition of land
  153. 45Removal of apparatus
  154. 46Facilities and rights for alternative apparatus
  155. 47Retained apparatus
  156. 48Expenses and costs
  157. 49Liability
  158. 50Cooperation
  159. 51Cooperation
  160. 52Cooperation
  161. 53Cooperation
  162. Part 5: FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (WEST MIDLANDS) PLC
  163. 54Application
  164. 55Interpretation
  165. 56On street apparatus
  166. 57No acquisition except by agreement
  167. 58Removal of apparatus
  168. 59Facilities and rights for alternative apparatus
  169. 60Retained apparatus
  170. 61Expenses and costs
  171. 62Liability
  172. 63Expert determination
  173. 64Cooperation
  174. Part 6: FOR THE PROTECTION OF WALES & WEST UTILITIES
  175. 65Paragraph 65
  176. 66Paragraph 66
  177. 67On street apparatus
  178. 68Apparatus in stopped up streets
  179. 69Protective works to buildings
  180. 70No acquisition except by agreement
  181. 71Removal of apparatus
  182. 72Facilities and rights for alternative apparatus
  183. 73Retained apparatus
  184. 74Expenses and costs
  185. 75Indemnity
  186. 76Cooperation
  187. 77Cooperation
  188. Part 7: FOR THE PROTECTION OF BT OPENREACH LIMITED
  189. 78Paragraph 78
  190. 79Paragraph 79
  191. 80Paragraph 80
  192. 81Paragraph 81
  193. 82Paragraph 82
  194. 83Paragraph 83
  195. 84HVDC Installation
  196. Schedule 10DOCUMENTS TO BE CERTIFIED
  197. Explanatory note