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The M60/M62/M66 Simister Island Interchange Development Consent Order 2025

S.I. 2025/1018 · Made 9 September 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 16 December 2025.

Infrastructure Planning

Made 9th September 2025

Coming into force 30th September 2025

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 pursuant to section 61 and 65 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of that 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the application with the documents that accompanied the application, and considered the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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 114f4, 115f5, 117f6, 120f7, 122f8, 123f9, 138f10, and 154 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, and paragraph 5 of Schedule 13 to, 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, 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 and S.I. 2024/317.

f4

Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.

f5

Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 and 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 and Part 20 of Schedule 25 to the Localism Act 2011.

f7

Section 120 was amended by section 140 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

Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 (c. 27).

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part 2: PRINCIPAL POWERS
  5. 3Development consent etc. granted by this 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. 9Planning permission
  12. Part 3: STREETS
  13. 10Street works
  14. 11Application of the 1991 Act
  15. 12Construction and maintenance of new, altered or diverted streets and other structures
  16. 13Classification of roads etc.
  17. 14Temporary closure and restriction of use of streets
  18. 15Permanent stopping up, restriction of use of streets and public rights of way
  19. 16Access to works
  20. 17Traffic regulation
  21. Part 4: SUPPLEMENTAL POWERS
  22. 18Discharge of water
  23. 19Protective work to buildings
  24. 20Authority to survey and investigate the land
  25. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  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. 25Private rights over land
  31. 26Modification of Part 1 of the 1965 Act
  32. 27Application of the 1981 Act
  33. 28Acquisition of subsoil or airspace only
  34. 29Rights under or over streets
  35. 30Temporary use of land for carrying out the authorised development
  36. 31Temporary use of land for maintaining the authorised development
  37. 32Statutory undertakers
  38. 33Apparatus and rights of statutory undertakers in stopped up streets
  39. 34Crown rights
  40. 35Recovery of costs of new connections
  41. Part 6: OPERATIONS
  42. 36Felling or lopping of trees and removal or management of hedgerows
  43. Part 7: MISCELLANEOUS AND GENERAL
  44. 37Application of landlord and tenant law
  45. 38Operational land for purposes of the 1990 Act
  46. 39Defence to proceedings in respect of statutory nuisance
  47. 40Protection of interests
  48. 41Certification of plans and documents, etc.
  49. 42Service of notices
  50. 43No double recovery
  51. 44Arbitration
  52. 45Disapplication and modification of legislative provisions
  53. Signature
  54. Schedule 1AUTHORISED DEVELOPMENT
  55. Schedule 2: REQUIREMENTS
  56. Part 1: REQUIREMENTS
  57. 1Interpretation
  58. 2Time limits
  59. 3Detailed design
  60. 4Environmental Management Plan
  61. 5Landscaping
  62. 6Previously unidentified contaminated land and groundwater
  63. 7Protected species
  64. 8Surface and foul water drainage
  65. 9Archaeological remains
  66. 10Traffic Management
  67. 11Noise barriers
  68. 12Footpath passing through Haweswater underpass
  69. 13Flood risk assessment
  70. 14Amendments to approved details
  71. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  72. 15Applications made under requirements
  73. 16Consultation
  74. 17Further information
  75. 18Register of requirements
  76. 19Anticipatory steps towards compliance with any requirement
  77. Schedule 3: CLASSIFICATION OF ROADS, ETC
  78. 1SPECIAL ROADS
  79. 2PUBLIC RIGHTS OF WAY
  80. 3PRIVATE MEANS OF ACCESS
  81. Schedule 4: PERMANENT STOPPING UP OF STREETS AND PUBLIC RIGHTS OF WAY
  82. 1STREETS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  83. 2PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  84. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  85. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  86. Compensation enactments
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. 3Paragraph 3
  90. Application of Part 1 of the 1965 Act
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  94. Schedule 8HEDGEROWS TO BE REMOVED OR MANAGED
  95. Schedule 9: PROTECTIVE PROVISIONS
  96. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  97. 1Paragraph 1
  98. 2Paragraph 2
  99. 3On street apparatus
  100. 4Apparatus in stopped up streets
  101. 5Protective works to buildings
  102. 6Acquisition of land
  103. 7Removal of apparatus
  104. 8Facilities and rights for alternative apparatus
  105. 9Retained apparatus
  106. 10Expenses and costs
  107. 11Paragraph 11
  108. 12Co-operation
  109. 13Paragraph 13
  110. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  111. 14Paragraph 14
  112. 15Paragraph 15
  113. 16Paragraph 16
  114. 17Paragraph 17
  115. Part 3: FOR THE PROTECTION OF CADENT GAS LIMITED
  116. 18Application
  117. 19Interpretation
  118. 20On Street Apparatus
  119. 21Apparatus of Cadent in stopped up streets
  120. 22Protective works to buildings
  121. 23Acquisition of land
  122. 24Removal of apparatus
  123. 25Facilities and rights for alternative apparatus
  124. 26Retained apparatus: protection of Cadent
  125. 27Expenses
  126. 28Indemnity
  127. 29Enactments and agreements
  128. 30Co-operation
  129. 31Access
  130. 32Arbitration
  131. 33Notices
  132. Part 4: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
  133. 34Application
  134. 35Interpretation
  135. 36Paragraph 36
  136. 37Apparatus of National Grid in stopped up streets
  137. 38Protective works to buildings
  138. 39Acquisition of land
  139. 40Removal of apparatus
  140. 41Facilities and rights for alternative apparatus
  141. 42Retained apparatus: protection
  142. 43Expenses
  143. 44Indemnity
  144. 45Enactments and agreements
  145. 46Co-operation
  146. 47Access
  147. 48Arbitration
  148. 49Notices
  149. Schedule 10CERTIFICATION OF PLANS AND DOCUMENTS, ETC
  150. Explanatory note