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The M20 Junction 10a Development Consent Order 2017

S.I. 2017/1202 · Made 1 December 2017 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 21 September 2019.

Infrastructure Planning

Made 1st December 2017

Coming into force 22nd December 2017

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 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The single appointed person, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 83 of the 2008 Act, has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report of the single appointed person, has decided to make an Order granting development consent for the development described in the application with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 changes to the proposals comprised in the application.

The Secretary of State is satisfied that replacement land has been or will be given in exchange for the special category land (as defined in article 36(5) of this Order), and the replacement land (as defined in that article) has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the special category land, and that, accordingly, section 131(4) of the 2008 Act applies.

The Secretary of State is satisfied that the special category (rights) land (as defined in article 36(5) of this Order), when burdened with any new rights authorised to be compulsorily acquired under this Order, will be no less advantageous than it was before to the persons in whom it is vested, other persons, if any, entitled to rights of common or other rights, and the public, and that, accordingly, section 132(3) of the 2008 Act applies.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 117, 120, 122 and 123 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 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. 2014/2381, S.I. 2015/377, S.I. 2017/ 572; modified by S.I. 2012/1659.

f3

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

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Disapplication of legislative provisions
  5. 4Maintenance of drainage works
  6. Part 2: PRINCIPAL POWERS
  7. 5Development consent etc. granted by the Order
  8. 6Maintenance of authorised development
  9. 7Planning permission
  10. 8Limits of deviation
  11. 9Benefit of Order
  12. 10Consent to transfer benefit of Order
  13. Part 3: STREETS
  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 stopping up and restriction of use of streets
  18. 15Permanent stopping up and restriction of use of streets and private means of access
  19. 16Access to works
  20. 17Clearways
  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
  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
  30. 25Public rights of way
  31. 26Private rights over land
  32. 27Modification of Part 1 of the 1965 Act
  33. 28Application of the 1981 Act
  34. 29Acquisition of subsoil or airspace only
  35. 30Rights under or over streets
  36. 31Temporary use of land for carrying out the authorised development
  37. 32Temporary use of land for maintaining the authorised development
  38. 33Statutory undertakers
  39. 34Apparatus and rights of statutory undertakers in stopped up streets
  40. 35Recovery of costs of new connections
  41. 36Special category land
  42. Part 6: OPERATIONS
  43. 37Existing powers and duties of the undertaker
  44. 38Felling or lopping of trees and removal of hedgerows
  45. 39Trees subject to tree preservation orders
  46. Part 7: MISCELLANEOUS AND GENERAL
  47. 40Application of landlord and tenant law
  48. 41Operational land for purposes of the 1990 Act
  49. 42Defence to proceedings in respect of statutory nuisance
  50. 43Protective provisions
  51. 44Certification of plans, etc.
  52. 45Service of notices
  53. 46Arbitration
  54. 47Traffic regulation
  55. Signature
  56. Schedule 1AUTHORISED DEVELOPMENT
  57. Schedule 2: REQUIREMENTS
  58. Part 1: REQUIREMENTS
  59. 1Interpretation
  60. 2Time limits
  61. 3Construction Environmental Management Plan
  62. 4Details of consultation
  63. 5Landscaping
  64. 6Implementation and maintenance of landscaping
  65. 7Fencing
  66. 8Land and groundwater contamination
  67. 9Archaeology
  68. 10Protected species
  69. 11Traffic management
  70. 12Detailed design
  71. 13Surface and foul water drainage
  72. 14Flood compensatory storage
  73. 15Approvals and amendments to approved details
  74. 16Alternative A2070 options
  75. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  76. 17Applications made under requirements
  77. 18Further information
  78. 19Register of requirements
  79. 20Anticipatory steps towards compliance with any requirement
  80. Schedule 3: CLASSIFICATIONS OF ROADS, ETC.
  81. 1SPECIAL ROADS
  82. 2TRUNK ROADS
  83. 3CLASSIFIED ROADS
  84. 4UNCLASSIFIED ROADS
  85. 5SPEED LIMITS
  86. 6TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  87. 7REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS
  88. 8FOOTPATHS, CYCLE TRACKS AND FOOTWAYS
  89. Schedule 4PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS & PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS
  90. 1HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  91. 2HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED
  92. 3PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED
  93. 4PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  94. Schedule 5LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  95. Schedule 6: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS
  96. Compensation enactments
  97. 1Paragraph 1
  98. 2Paragraph 2
  99. 3Paragraph 3
  100. Application of Part 1 of the 1965 Act
  101. 4Paragraph 4
  102. 5Paragraph 5
  103. Schedule 7LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  104. Schedule 8TREES SUBJECT TO TREE PRESERVATION ORDERS
  105. Schedule 9: PROTECTIVE PROVISIONS
  106. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 3On street apparatus
  110. 4Apparatus in stopped up streets
  111. 5Protective works to buildings
  112. 6Acquisition of land
  113. 7Removal of apparatus
  114. 8Facilities and rights for alternative apparatus
  115. 9Retained apparatus
  116. 10Expenses and costs
  117. 11Expenses and costs
  118. 12Cooperation
  119. 13Cooperation
  120. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  121. 14Paragraph 14
  122. 15Paragraph 15
  123. 16Paragraph 16
  124. 17Paragraph 17
  125. Part 3: FOR THE PROTECTION OF THE ENVIRONMENT AGENCY
  126. 18Paragraph 18
  127. 19Paragraph 19
  128. 20Paragraph 20
  129. 21Paragraph 21
  130. 22Paragraph 22
  131. 23Paragraph 23
  132. 24Paragraph 24
  133. 25Paragraph 25
  134. 26Paragraph 26
  135. 27Paragraph 27
  136. 28Paragraph 28
  137. 29Paragraph 29
  138. Schedule 10ENVIRONMENTAL STATEMENT DOCUMENTS TO BE CERTIFIED
  139. Explanatory note