The M54 to M6 Link Road Development Consent Order 2022
S.I. 2022/475 · Made 21 April 2022
Infrastructure Planning
Made 21st April 2022
Coming into force- 12th May 2022
The application was examined by a Panel of two members (“the 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The Panel, having considered the representations made and not withdrawn and having examined the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and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The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 and 123f9 of, and paragraphs 1 to 3, 10 to 15, 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5f10 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. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378, S.I. 2019/734 and S.I. 2020/1534.
- 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 Part 1 of Schedule 11 to the Localism Act 2011.
- f5
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Section 115 was amended by paragraph 56 of Part 2 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act, 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 Part 1 of Schedule 13 to the Localism Act 2011.
- f7
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Section 120 was amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011.
- f8
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Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
- f9
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Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
- f10
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Part 1 of Schedule 5 was amended by paragraph 4 of Part 1 of Schedule 8 and Part 2 of Schedule 22 to the Marine and Coastal Access Act 2009 (c. 23), paragraph 71 of Part 1 of Schedule 13 to the Localism Act 2011 and paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017.
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
- Part 3: STREETS
- 9Application of the 1991 Act
- 10Construction and maintenance of new, altered or diverted streets and other structures
- 11Classification of roads etc.
- 12Temporary stopping up and restriction of use of streets
- 13Permanent stopping up and restriction of use of streets, public rights of way and private means of access
- 14Access to works
- 15Clearways
- 16Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 17Discharge of water
- 18Protective work to buildings
- 19Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION AND POSSESSION
- 20Compulsory acquisition of land
- 21Compulsory acquisition of land – incorporation of the mineral code
- 22Time limit for exercise of authority to acquire land compulsorily
- 23Compulsory acquisition of rights and imposition of restrictive covenants
- 24Private rights over land
- 25Modification of Part 1 of the 1965 Act
- 26Application of the 1981 Act
- 27Acquisition of subsoil or airspace only
- 28Rights under or over streets
- 29Temporary use of land for carrying out the authorised development
- 30Temporary use of land for maintaining the authorised development
- 31Statutory undertakers
- 32Apparatus and rights of statutory undertakers in stopped up streets
- 33Recovery of costs of new connections
- Part 6: OPERATIONS
- 34Felling or lopping of trees and removal of hedgerows
- 35Trees subject to tree preservation orders
- Part 7: MISCELLANEOUS AND GENERAL
- 36Application of landlord and tenant law
- 37Operational land for purposes of the Town and Country Planning Act 1990
- 38Defence to proceedings in respect of statutory nuisance
- 39Protection of interests
- 40Certification of documents, etc.
- 41Service of notices
- 42Arbitration
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- Interpretation
- 1Paragraph 1
- Time limits
- 2Paragraph 2
- Detailed design
- 3Paragraph 3
- Construction and handover environmental management plans
- 4Paragraph 4
- Landscaping
- 5Paragraph 5
- Contaminated land and groundwater
- 6Paragraph 6
- Protected species
- 7Paragraph 7
- Surface and foul water drainage
- 8Paragraph 8
- Archaeological remains
- 9Paragraph 9
- Fencing
- 10Paragraph 10
- Signage to Saredon Filling Station
- 11Paragraph 11
- Weight Restriction Warning Signs
- 12Paragraph 12
- Details of consultation
- 13Paragraph 13
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- Applications made under requirements
- 14Paragraph 14
- Further information
- 15Paragraph 15
- Anticipatory steps towards compliance with any requirement
- 16Paragraph 16
- Schedule 3: CLASSIFICATION OF ROADS, ETC.
- 1SPECIAL ROADS
- 2TRUNK ROADS
- 3CLASSIFIED ROADS
- 4UNCLASSIFIED ROADS
- 5SPEED LIMITS: NEW ROADS
- 6PUBLIC RIGHTS OF WAY
- 7CREATION OF NEW TRAFFIC REGULATION ORDERS
- 8VARIATION OF EXISTING TRAFFIC REGULATION ORDERS
- Schedule 4: 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
- 5ALTERATIONS TO PUBLIC RIGHTS OF WAY
- 6PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
- 7PROVISION OR ALTERATIONS TO PRIVATE MEANS OF ACCESS
- 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
- Compensation enactments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Application of Part 1 of the 1965 Act
- 4Paragraph 4
- 5Paragraph 5
- Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
- Schedule 8: HEDGEROWS AND TREES
- 1HEDGEROWS
- 2TREES SUBJECT TO TREE PRESERVATION ORDERS
- Schedule 9: PROTECTIVE PROVISIONS
- Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE 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 CADENT GAS LTD AS GAS UNDERTAKER
- 18Application
- 19Interpretation
- 20On Street Apparatus
- 21Apparatus of Cadent in stopped up streets
- 22Protective works to buildings
- 23Acquisition of land
- 24Removal of apparatus
- 25Facilities and rights for alternative apparatus
- 26Retained apparatus: protection of Cadent
- 27Expenses
- 28Indemnity
- 29Enactments and agreements
- 30Co-operation
- 31Access
- 32Arbitration
- 33Notices
- Part 4: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
- 34Application
- 35Interpretation
- 36On street apparatus
- 37Apparatus of National Grid in stopped up streets
- 38Protective works to buildings
- 39Acquisition of land
- 40Removal of apparatus
- 41Facilities and rights for alternative apparatus
- 42Retained apparatus: protection of electricity undertaker
- 43Expenses
- 44Indemnity
- 45Enactments and agreements
- 46Co-operation
- 47Access
- 48Arbitration
- 49Notices
- Part 5: FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION LIMITED (WEST MIDLANDS) PLC AS ELECTRICITY UNDERTAKER
- 50Application
- 51Interpretation
- 52Precedence of 1991 Act in respect of apparatus in streets
- 53No acquisition except by agreement
- 54Removal of apparatus
- 55Facilities and rights for alternative apparatus
- 56Retained apparatus
- 57Expenses and costs
- 58Expenses and costs
- 59Expert determination
- Schedule 10DOCUMENTS TO BE CERTIFIED
- Explanatory note