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The M54 to M6 Link Road Development Consent Order 2022

S.I. 2022/475 · Made 21 April 2022

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Infrastructure Planning

Made 21st April 2022

Coming into force- 12th May 2022

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The Panel, having considered the representations made and not withdrawn and having examined the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act, has submitted a report and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The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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

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. 2010/439, 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

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

f4

Section 114 was amended by paragraph 55 of Part 1 of Schedule 11 to the Localism Act 2011.

f5

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

Section 117 was amended by paragraph 58 of Part 1 of Schedule 13 to the Localism Act 2011.

f7

Section 120 was amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011.

f8

Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

f9

Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

f10

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

  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. 5Maintenance of drainage works
  8. 6Limits of deviation
  9. 7Benefit of Order
  10. 8Consent to transfer benefit of Order
  11. Part 3: STREETS
  12. 9Application of the 1991 Act
  13. 10Construction and maintenance of new, altered or diverted streets and other structures
  14. 11Classification of roads etc.
  15. 12Temporary stopping up and restriction of use of streets
  16. 13Permanent stopping up and restriction of use of streets, public rights of way and private means of access
  17. 14Access to works
  18. 15Clearways
  19. 16Traffic regulation
  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 AND POSSESSION
  25. 20Compulsory acquisition of land
  26. 21Compulsory acquisition of land – incorporation of the mineral code
  27. 22Time limit for exercise of authority to acquire land compulsorily
  28. 23Compulsory acquisition of rights and imposition of restrictive covenants
  29. 24Private rights over land
  30. 25Modification of Part 1 of the 1965 Act
  31. 26Application of the 1981 Act
  32. 27Acquisition of subsoil or airspace only
  33. 28Rights under or over streets
  34. 29Temporary use of land for carrying out the authorised development
  35. 30Temporary use of land for maintaining the authorised development
  36. 31Statutory undertakers
  37. 32Apparatus and rights of statutory undertakers in stopped up streets
  38. 33Recovery of costs of new connections
  39. Part 6: OPERATIONS
  40. 34Felling or lopping of trees and removal of hedgerows
  41. 35Trees subject to tree preservation orders
  42. Part 7: MISCELLANEOUS AND GENERAL
  43. 36Application of landlord and tenant law
  44. 37Operational land for purposes of the Town and Country Planning Act 1990
  45. 38Defence to proceedings in respect of statutory nuisance
  46. 39Protection of interests
  47. 40Certification of documents, etc.
  48. 41Service of notices
  49. 42Arbitration
  50. Signature
  51. Schedule 1AUTHORISED DEVELOPMENT
  52. Schedule 2: REQUIREMENTS
  53. Part 1: REQUIREMENTS
  54. Interpretation
  55. 1Paragraph 1
  56. Time limits
  57. 2Paragraph 2
  58. Detailed design
  59. 3Paragraph 3
  60. Construction and handover environmental management plans
  61. 4Paragraph 4
  62. Landscaping
  63. 5Paragraph 5
  64. Contaminated land and groundwater
  65. 6Paragraph 6
  66. Protected species
  67. 7Paragraph 7
  68. Surface and foul water drainage
  69. 8Paragraph 8
  70. Archaeological remains
  71. 9Paragraph 9
  72. Fencing
  73. 10Paragraph 10
  74. Signage to Saredon Filling Station
  75. 11Paragraph 11
  76. Weight Restriction Warning Signs
  77. 12Paragraph 12
  78. Details of consultation
  79. 13Paragraph 13
  80. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  81. Applications made under requirements
  82. 14Paragraph 14
  83. Further information
  84. 15Paragraph 15
  85. Anticipatory steps towards compliance with any requirement
  86. 16Paragraph 16
  87. Schedule 3: CLASSIFICATION OF ROADS, ETC.
  88. 1SPECIAL ROADS
  89. 2TRUNK ROADS
  90. 3CLASSIFIED ROADS
  91. 4UNCLASSIFIED ROADS
  92. 5SPEED LIMITS: NEW ROADS
  93. 6PUBLIC RIGHTS OF WAY
  94. 7CREATION OF NEW TRAFFIC REGULATION ORDERS
  95. 8VARIATION OF EXISTING TRAFFIC REGULATION ORDERS
  96. Schedule 4: PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS
  97. 1STREETS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  98. 2STREETS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  99. 3PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  100. 4PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  101. 5ALTERATIONS TO PUBLIC RIGHTS OF WAY
  102. 6PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  103. 7PROVISION OR ALTERATIONS TO PRIVATE MEANS OF ACCESS
  104. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  105. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  106. Compensation enactments
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3Paragraph 3
  110. Application of Part 1 of the 1965 Act
  111. 4Paragraph 4
  112. 5Paragraph 5
  113. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  114. Schedule 8: HEDGEROWS AND TREES
  115. 1HEDGEROWS
  116. 2TREES SUBJECT TO TREE PRESERVATION ORDERS
  117. Schedule 9: PROTECTIVE PROVISIONS
  118. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS
  119. 1Paragraph 1
  120. 2Paragraph 2
  121. On street apparatus
  122. 3Paragraph 3
  123. Apparatus in stopped up streets
  124. 4Paragraph 4
  125. Protective works to buildings
  126. 5Paragraph 5
  127. Acquisition of land
  128. 6Paragraph 6
  129. Removal of apparatus
  130. 7Paragraph 7
  131. Facilities and rights for alternative apparatus
  132. 8Paragraph 8
  133. Retained apparatus
  134. 9Paragraph 9
  135. Expenses and costs
  136. 10Paragraph 10
  137. 11Paragraph 11
  138. Co-operation
  139. 12Paragraph 12
  140. 13Paragraph 13
  141. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  142. 14Paragraph 14
  143. 15Paragraph 15
  144. 16Paragraph 16
  145. 17Paragraph 17
  146. Part 3: FOR THE PROTECTION OF CADENT GAS LTD AS GAS UNDERTAKER
  147. 18Application
  148. 19Interpretation
  149. 20On Street Apparatus
  150. 21Apparatus of Cadent in stopped up streets
  151. 22Protective works to buildings
  152. 23Acquisition of land
  153. 24Removal of apparatus
  154. 25Facilities and rights for alternative apparatus
  155. 26Retained apparatus: protection of Cadent
  156. 27Expenses
  157. 28Indemnity
  158. 29Enactments and agreements
  159. 30Co-operation
  160. 31Access
  161. 32Arbitration
  162. 33Notices
  163. Part 4: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
  164. 34Application
  165. 35Interpretation
  166. 36On street apparatus
  167. 37Apparatus of National Grid in stopped up streets
  168. 38Protective works to buildings
  169. 39Acquisition of land
  170. 40Removal of apparatus
  171. 41Facilities and rights for alternative apparatus
  172. 42Retained apparatus: protection of electricity undertaker
  173. 43Expenses
  174. 44Indemnity
  175. 45Enactments and agreements
  176. 46Co-operation
  177. 47Access
  178. 48Arbitration
  179. 49Notices
  180. Part 5: FOR THE PROTECTION OF WESTERN POWER DISTRIBUTION LIMITED (WEST MIDLANDS) PLC AS ELECTRICITY UNDERTAKER
  181. 50Application
  182. 51Interpretation
  183. 52Precedence of 1991 Act in respect of apparatus in streets
  184. 53No acquisition except by agreement
  185. 54Removal of apparatus
  186. 55Facilities and rights for alternative apparatus
  187. 56Retained apparatus
  188. 57Expenses and costs
  189. 58Expenses and costs
  190. 59Expert determination
  191. Schedule 10DOCUMENTS TO BE CERTIFIED
  192. Explanatory note