The M60/M62/M66 Simister Island Interchange Development Consent Order 2025
S.I. 2025/1018 · Made 9 September 2025 · Extends to England and Wales
Infrastructure Planning
Made 9th September 2025
Coming into force 30th September 2025
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the application with the documents that accompanied the application, and considered the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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
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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
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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, 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 and S.I. 2024/317.
- f4
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Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.
- f5
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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
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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
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Section 120 was amended by section 140 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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Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 (c. 27).
Contents
- Part 1: PRELIMINARY
- 1Citation and commencement
- 2Interpretation
- Part 2: PRINCIPAL POWERS
- 3Development consent etc. granted by this Order
- 4Maintenance of authorised development
- 5Maintenance of drainage works
- 6Limits of deviation
- 7Benefit of Order
- 8Consent to transfer benefit of Order
- 9Planning permission
- Part 3: STREETS
- 10Street works
- 11Application of the 1991 Act
- 12Construction and maintenance of new, altered or diverted streets and other structures
- 13Classification of roads etc.
- 14Temporary closure and restriction of use of streets
- 15Permanent stopping up, restriction of use of streets and public rights of way
- 16Access to works
- 17Traffic regulation
- Part 4: SUPPLEMENTAL POWERS
- 18Discharge of water
- 19Protective work to buildings
- 20Authority to survey and investigate the land
- Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
- 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
- 25Private rights over land
- 26Modification of Part 1 of the 1965 Act
- 27Application of the 1981 Act
- 28Acquisition of subsoil or airspace only
- 29Rights under or over streets
- 30Temporary use of land for carrying out the authorised development
- 31Temporary use of land for maintaining the authorised development
- 32Statutory undertakers
- 33Apparatus and rights of statutory undertakers in stopped up streets
- 34Crown rights
- 35Recovery of costs of new connections
- Part 6: OPERATIONS
- 36Felling or lopping of trees and removal or management of hedgerows
- Part 7: MISCELLANEOUS AND GENERAL
- 37Application of landlord and tenant law
- 38Operational land for purposes of the 1990 Act
- 39Defence to proceedings in respect of statutory nuisance
- 40Protection of interests
- 41Certification of plans and documents, etc.
- 42Service of notices
- 43No double recovery
- 44Arbitration
- 45Disapplication and modification of legislative provisions
- Signature
- Schedule 1AUTHORISED DEVELOPMENT
- Schedule 2: REQUIREMENTS
- Part 1: REQUIREMENTS
- 1Interpretation
- 2Time limits
- 3Detailed design
- 4Environmental Management Plan
- 5Landscaping
- 6Previously unidentified contaminated land and groundwater
- 7Protected species
- 8Surface and foul water drainage
- 9Archaeological remains
- 10Traffic Management
- 11Noise barriers
- 12Footpath passing through Haweswater underpass
- 13Flood risk assessment
- 14Amendments to approved details
- Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
- 15Applications made under requirements
- 16Consultation
- 17Further information
- 18Register of requirements
- 19Anticipatory steps towards compliance with any requirement
- Schedule 3: CLASSIFICATION OF ROADS, ETC
- 1SPECIAL ROADS
- 2PUBLIC RIGHTS OF WAY
- 3PRIVATE MEANS OF ACCESS
- Schedule 4: PERMANENT STOPPING UP OF STREETS AND PUBLIC RIGHTS OF WAY
- 1STREETS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
- 2PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS 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
- 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 8HEDGEROWS TO BE REMOVED OR MANAGED
- 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
- 11Paragraph 11
- 12Co-operation
- 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 LIMITED
- 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
- 36Paragraph 36
- 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
- 43Expenses
- 44Indemnity
- 45Enactments and agreements
- 46Co-operation
- 47Access
- 48Arbitration
- 49Notices
- Schedule 10CERTIFICATION OF PLANS AND DOCUMENTS, ETC
- Explanatory note