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Paragraph 49 Limits on extent of highway works

Original text. Later amendments are not shown.

(1)

For the purposes of this paragraph—

  • “area of development” has the meaning given in section 22(9) of the Planning Act 2008f1;

  • “motorway” has the meaning given in section 22(9) of the Planning Act 2008;

  • “relevant highway” means a highway for which the Secretary of State or a strategic highways company is the highway authority.

(2)

Class 6 authorised works must not consist of—

(a)

the construction or alteration of a motorway;

(b)

the construction of—

(i)

a highway that will be a relevant highway, but that is not a motorway, where the speed limit for any class of vehicle is expected to be 50 miles per hour or greater, if the area of development exceeds 12.5 hectares;

(ii)

any other highway that will be a relevant highway, if the area of development exceeds 7.5 hectares;

(c)

the alteration of—

(i)

a relevant highway, that is not a motorway, where the speed limit for any class of vehicle is expected to be 50 miles per hour or greater, if the area of development exceeds 12.5 hectares;

(ii)

any other relevant highway, if the area of development exceeds 7.5 hectares;

(d)

the improvement of a relevant highway, if it is likely to have a significant effect on the environment.

(3)

Sub-paragraph (2) does not apply to class 6 authorised works which meet the conditions set out in section 22(6), (7) or (8) of the Planning Act 2008.

Annotations

Footnotes

f1

2008 c. 29, to which there are amendments not relevant to this Order.