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The M42 Junction 6 Development Consent Order 2020

S.I. 2020/528 · Made 21 May 2020 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 21 October 2020.

Infrastructure Planning

Made 21st May 2020

Coming into force 11th June 2020

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 (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 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the application with the documents that accompanied the application, and considered the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, submitted a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the panel, has decided to make an Order granting development consent for the development described in the application with modifications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 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. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378 and S.I. 2019/734.

f3

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

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. 5Maintenance of drainage works
  8. 6Limits of deviation
  9. 7Benefit of Order
  10. 8Consent to transfer benefit of Order
  11. 9Application of the 1990 Act
  12. 10Application of the Community Infrastructure Levy Regulations 2010
  13. 11Planning permission
  14. Part 3: STREETS
  15. 12Street works
  16. 13Application of the 1991 Act
  17. 14Construction and maintenance of new, altered or diverted streets and other structures
  18. 15Classification of roads etc.
  19. 16Temporary stopping up and restriction of use of streets
  20. 17Permanent stopping up, restriction of use of streets, public rights of way and private means of access
  21. 18Access to works
  22. 19Clearways, prohibitions and restrictions
  23. 20Traffic regulation
  24. Part 4: SUPPLEMENTAL POWERS
  25. 21Discharge of water
  26. 22Protective work to buildings
  27. 23Authority to survey and investigate the land
  28. Part 5: POWERS OF ACQUISITION AND POSSESSION OF LAND
  29. 24Compulsory acquisition of land
  30. 25Compulsory acquisition of land – incorporation of the mineral code
  31. 26Time limit for exercise of authority to acquire land compulsorily
  32. 27Compulsory acquisition of rights and restrictive covenants
  33. 28Private rights over land
  34. 29Modification of Part 1 of the 1965 Act
  35. 30Application of the 1981 Act
  36. 31Acquisition of subsoil or airspace only
  37. 32Rights under or over streets
  38. 33Temporary use of land for carrying out the authorised development
  39. 34Temporary use of land for maintaining the authorised development
  40. 35Statutory undertakers
  41. 36Apparatus and rights of statutory undertakers in stopped up streets
  42. 37Crown rights
  43. 38Recovery of costs of new connections
  44. Part 6: OPERATIONS
  45. 39Felling or lopping of trees and removal of hedgerows
  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. 43Protection of interests
  51. 44Certification of plans and documents, etc.
  52. 45Service of notices
  53. 46No double recovery
  54. 47Arbitration
  55. 48Removal of human remains
  56. 49Application, disapplication and modification of legislative provisions
  57. 50Amendment of local legislation
  58. Signature
  59. Schedule 1AUTHORISED DEVELOPMENT
  60. Schedule 2: REQUIREMENTS
  61. Part 1: REQUIREMENTS
  62. 1Interpretation
  63. 2Time limits
  64. 3Detailed design
  65. 4Outline Environmental Management Plan
  66. 5Landscaping
  67. 6Contaminated land and groundwater
  68. 7Protected species
  69. 8Surface and foul water drainage
  70. 9Archaeological remains
  71. 10Traffic management
  72. 11Amendments to approved details
  73. 12Fencing
  74. 13Bickenhill Meadows SSSI
  75. 14Relocation of Work No. 35 underground storage tank and access
  76. Part 2: PROCEDURE FOR DISCHARGE OF REQUIREMENTS
  77. 15Applications made under requirements
  78. 16Further information
  79. 17Register of requirements
  80. 18Anticipatory steps towards compliance with any requirement
  81. Schedule 3STREETS SUBJECT TO STREET WORKS
  82. Schedule 4: CLASSIFICATION OF ROADS, ETC.
  83. 1SPECIAL ROADS
  84. 2TRUNK ROADS
  85. 3CLASSIFIED ROADS
  86. 4UNCLASSIFIED ROADS
  87. 5SPEED LIMITS
  88. 6PUBLIC RIGHTS OF WAY
  89. Schedule 5STREETS TO BE TEMPORARILY STOPPED UP
  90. Schedule 6: PERMANENT STOPPING UP OF STREETS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS
  91. 1STREETS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  92. 2STREETS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  93. 3PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  94. 4PUBLIC RIGHTS OF WAY TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  95. 5PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED
  96. 6PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED
  97. 7ALTERATIONS TO PRIVATE MEANS OF ACCESS
  98. Schedule 7: CLEARWAYS, PROHIBITIONS AND RESTRICTIONS
  99. 1TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)
  100. 2TRAFFIC REGULATION MEASURES (WEIGHT RESTRICTIONS)
  101. Schedule 8LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED
  102. Schedule 9: MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS
  103. Compensation enactments
  104. 1Paragraph 1
  105. 2Paragraph 2
  106. 3Paragraph 3
  107. Application of the 1965 Act
  108. 4Paragraph 4
  109. 5Paragraph 5
  110. Schedule 10LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN
  111. Schedule 11: FELLING OR LOPPING OF TREES AND REMOVAL OF HEDGEROWS
  112. 1TREES IN CONSERVATION AREA
  113. 2HEDGEROWS TO BE REMOVED OR MANAGED
  114. Schedule 12: PROTECTIVE PROVISIONS
  115. Part 1: FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS
  116. 1Paragraph 1
  117. 2Paragraph 2
  118. On street apparatus
  119. 3Paragraph 3
  120. Apparatus in stopped up streets
  121. 4Paragraph 4
  122. Protective works to buildings
  123. 5Paragraph 5
  124. Acquisition of land
  125. 6Paragraph 6
  126. Removal of apparatus
  127. 7Paragraph 7
  128. Facilities and rights for alternative apparatus
  129. 8Paragraph 8
  130. Retained apparatus
  131. 9Paragraph 9
  132. Expenses and costs
  133. 10Paragraph 10
  134. 11Paragraph 11
  135. Co-operation
  136. 12Paragraph 12
  137. 13Paragraph 13
  138. Part 2: FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS
  139. 14Paragraph 14
  140. 15Paragraph 15
  141. 16Paragraph 16
  142. 17Paragraph 17
  143. Part 3: FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY UNDERTAKER
  144. Application
  145. 18Paragraph 18
  146. Interpretation
  147. 19Paragraph 19
  148. 20Paragraph 20
  149. Apparatus of National Grid in stopped up streets
  150. 21Paragraph 21
  151. Protective works to buildings
  152. 22Paragraph 22
  153. Acquisition of land
  154. 23Paragraph 23
  155. Removal of apparatus
  156. 24Paragraph 24
  157. Facilities and rights for alternative apparatus
  158. 25Paragraph 25
  159. Retained apparatus: protection of electricity undertaker
  160. 26Paragraph 26
  161. Expenses
  162. 27Paragraph 27
  163. Indemnity
  164. 28Paragraph 28
  165. Enactments and agreements
  166. 29Paragraph 29
  167. Co-operation
  168. 30Paragraph 30
  169. Access
  170. 31Paragraph 31
  171. Arbitration
  172. 32Paragraph 32
  173. Notices
  174. 33Paragraph 33
  175. Part 4: FOR THE PROTECTION OF HIGH SPEED TWO (HS2) LIMITED
  176. 34Paragraph 34
  177. 35Paragraph 35
  178. Regulation of powers
  179. 36Paragraph 36
  180. 37Paragraph 37
  181. 38Paragraph 38
  182. 39Paragraph 39
  183. 40Paragraph 40
  184. Co-operation
  185. 41Paragraph 41
  186. Indemnity
  187. 42Paragraph 42
  188. Part 5: FOR THE PROTECTION OF CADENT GAS LIMITED
  189. Application
  190. 43Paragraph 43
  191. Interpretation
  192. 44Paragraph 44
  193. On Street apparatus
  194. 45Paragraph 45
  195. Apparatus of Cadent in stopped up streets
  196. 46Paragraph 46
  197. Protective works to buildings
  198. 47Paragraph 47
  199. Acquisition of land
  200. 48Paragraph 48
  201. Removal of apparatus
  202. 49Paragraph 49
  203. Facilities and rights for alternative apparatus
  204. 50Paragraph 50
  205. Retained apparatus: protection of Cadent
  206. 51Paragraph 51
  207. Expenses
  208. 52Paragraph 52
  209. Indemnity
  210. 53Paragraph 53
  211. Enactments and agreements
  212. 54Paragraph 54
  213. Co-operation
  214. 55Paragraph 55
  215. Access
  216. 56Paragraph 56
  217. Arbitration
  218. 57Paragraph 57
  219. Notices
  220. 58Paragraph 58
  221. Schedule 13CERTIFICATION OF PLANS AND DOCUMENTS, ETC.
  222. Explanatory note