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The M1 Junction 10a (Grade Separation) Order 2013

S.I. 2013/2808 · Made 30 October 2013 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 28 December 2017.

Infrastructure Planning

Made 30th October 2013

Coming into force 20th November 2013

An application has been made to the Secretary of State, in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1, for an order under sections 37, 114, 115, 117(4), 120 and 122 of the Planning Act 2008f2 (“the 2008 Act”).

The application was examined by a single appointed person (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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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 change to the proposals comprised in the application.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120 and 122 of, and paragraphs 1 to 3, 10 to 17, 24, 26, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

Annotations to the whole text

Footnotes

f1

S.I. 2009/2264.

f2

2008 c. 29.

f3

S.I. 2010/103.

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. 5Limits of deviation
  8. 6Benefit of Order
  9. 7Consent to transfer benefit of Order
  10. Part 3: STREETS
  11. 8Application of the 1991 Act
  12. 9Construction and maintenance of new, altered or diverted streets
  13. 10Classification of roads
  14. 11Clearways
  15. 12Speed limits
  16. 13Permanent stopping up of streets
  17. 14Temporary stopping up of streets
  18. 15Access to works
  19. Part 4: SUPPLEMENTAL POWERS
  20. 16Discharge of water
  21. 17Authority to survey and investigate land
  22. Part 5: POWERS OF ACQUISITION
  23. 18Compulsory acquisition of land
  24. 19Time limits for exercise of authority to acquire land compulsorily and to use land temporarily
  25. 20Compulsory acquisition of rights etc.
  26. 21Private rights over land
  27. 22Application of the Compulsory Purchase (Vesting Declarations) Act 1981
  28. 23Acquisition of subsoil or air-space only
  29. 24Rights under or over streets
  30. 25Temporary use of land for carrying out the authorised development
  31. 26Temporary use of land for maintaining authorised development
  32. 27Statutory undertakers
  33. 28Apparatus and rights of statutory undertakers in stopped up streets
  34. 29Recovery of costs of new connections
  35. Part 6: OPERATIONS
  36. 30Felling or lopping trees
  37. 31Trees subject to tree preservation order
  38. Part 7: MISCELLANEOUS AND GENERAL
  39. 32Operational land for purposes of the 1990 Act
  40. 33Defence to proceedings in respect of statutory nuisance
  41. 34Protection of interests
  42. 35Certification of plans etc.
  43. 36Service of notices
  44. 37Arbitration
  45. 38Traffic regulation
  46. 39Procedure in relation to approvals etc. under Schedule 2
  47. Signature
  48. Schedule 1: THE AUTHORISED DEVELOPMENT
  49. In the administrative areas of Luton Borough Council and Central Bedfordshire Council—
  50. Schedule 2: REQUIREMENTS
  51. 1Interpretation
  52. 2Time limits
  53. 3Stages of authorised development
  54. 4Scheme design changes and staging
  55. 5Ecology
  56. 6Protection of retained trees and shrubs during construction
  57. 7Landscaping scheme
  58. 8Implementation and maintenance of landscaping
  59. 9Drainage
  60. 10Measures to protect the water environment
  61. 11Flood risk assessment
  62. 12Archaeology
  63. 13Construction traffic and access strategy
  64. 14Construction work and construction compounds
  65. 15Site waste management plan
  66. 16Code of construction practice
  67. 17Construction environmental management plan
  68. 18Approved details
  69. 19Traffic management during construction
  70. Schedule 3CLEARWAYS
  71. Schedule 4: SPEED LIMITS
  72. 1M1 MOTORWAY
  73. 2ROADS SUBJECT TO 40 MPH SPEED LIMIT
  74. 3ROADS SUBJECT TO 50 MPH SPEED LIMIT
  75. Schedule 5STREETS TO BE PERMANENTLY STOPPED UP
  76. Schedule 6TEMPORARY STOPPING UP OF STREETS
  77. Schedule 7ACCESS TO WORKS
  78. Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  79. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  80. Compensation enactments
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. Application of the 1965 Act
  84. 3Paragraph 3
  85. 4Paragraph 4
  86. 5Paragraph 5
  87. 6Paragraph 6
  88. 7Paragraph 7
  89. 8Paragraph 8
  90. 9Paragraph 9
  91. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  92. Schedule 11TREES SUBJECT TO TREE PRESERVATION ORDERS
  93. Schedule 12: PROTECTIVE PROVISIONS
  94. Part 1: FOR THE PROTECTION OF HIGHWAY AUTHORITIES
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Paragraph 4
  99. 5Paragraph 5
  100. 6Paragraph 6
  101. 7Paragraph 7
  102. 8Paragraph 8
  103. 9Paragraph 9
  104. Part 2: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  105. 10Application and interpretation
  106. 11Apparatus of statutory undertakers in stopped up streets
  107. 12Acquisition of Apparatus
  108. 13Removal of apparatus
  109. 14Facilities and rights for alternative apparatus
  110. 15Retained apparatus: protection
  111. 16Expenses
  112. 17Indemnity
  113. 18Enactments and agreements
  114. 19Co-operation
  115. 20Access
  116. Part 3: FOR THE PROTECTION OF NATIONAL GRID
  117. 21Interpretation
  118. 22High pressure gas main: application of Parts 2 and 3
  119. 23High pressure gas main: protection
  120. 24Conduct of claims and demands
  121. Explanatory note