The A12 Chelmsford to A120 Widening Development Consent Order 2024
| Jurisdiction | UK Non-devolved |
| Year | 2024 |
| Citation | SI 2024/60 |
2024 No. 60
Infrastructure Planning
The A12 Chelmsford to A120 Widening Development Consent Order 2024
Made 12th January 2024
Coming into force 9th February 2024
An application has been made to the Secretary of State under section 37 of the Planning Act 20081(“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 20092for an Order granting development consent.
The application was examined by a Panel of three members (“the Panel”) appointed as an examining authority (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 20103.
The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the Panel, has decided to make an Order granting development consent for the development described in the application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 is satisfied that replacement land (as that land is defined in section 131(12) of the 2008 Act) has been or will be given in exchange for the special category land (identified in Part 1 of Schedule 8 to this Order), and replacement land has been or will be vested in the person or persons in whom the special category land is vested 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, having considered the report and recommendation of the Panel, is satisfied that special category (rights) land identified in Part 3 of Schedule 8 to this Order, when burdened with the new rights authorised for compulsory acquisition under the terms of this Order, will be no less advantageous than it was before such acquisition, 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 is satisfied that replacement land (as that land is defined in section 132(12) of the 2008 Act) has been or will be given in exchange for order rights (as defined in that section) to be acquired over the special category (rights) land identified in Part 2 of Schedule 8 to this Order, and replacement land has been or will be vested in the persons or persons in whom the special category land is vested and subject to the same rights, trusts and incidents as attach to the special category land, and that, accordingly, section 132(4) of the 2008 Act applies.
The Secretary of State, in exercise of the powers conferred by sections 1144, 1155, 1176, 1207, 1228and 1239of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 510to, the 2008 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the A12 Chelmsford to A120 Widening Development Consent Order 2024 and comes into force on 9th February 2024.
Interpretation
2.—(1) In this Order except where provided otherwise—
“the 1961 Act” means the Land Compensation Act 196111;
“the 1965 Act” means the Compulsory Purchase Act 196512;
“the 1980 Act” means the Highways Act 198013;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 198114;
“the 1984 Act” means the Road Traffic Regulation Act 198415;
“the 1986 Regulations” means the Road Vehicles (Construction and Use) Regulations 198616;
“the 1990 Act” means the Town and Country Planning Act 199017;
“the 1991 Act” means the New Roads and Street Works Act 199118;
“the 2004 Act” means the Traffic Management Act 200419;
“the 2008 Act” means the Planning Act 200820;
“the 2016 Regulations and Directions” means the Traffic Signs Regulations and General Directions 201621;
“address” includes any number or address for the purposes of electronic transmission;
“agricultural motor vehicle” has the meaning given in regulation 3(2) of the 1986 Regulations;
“Anglian Water” means Anglian Water Services Limited (company number 2366656) whose registered office is at Lancaster House, Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, PE29 6XU;
“apparatus” has the same meaning as in Part 3 of the 1991 Act;
“authorised development” means the development and associated development described in Schedule 1 (authorised development) and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of development) of the 2008 Act;
“book of reference” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;
“bridleway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;
“building” includes any structure or erection or any part of a building, structure or erection;
“Cadent Gas” means Cadent Gas Limited (company number 10080864), whose registered address is Cadent, Pilot Way, Ansty, Coventry, England, CV7 9JU;
“carriageway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;
“classification of roads plans” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the classification of roads plans for the purposes of this Order;
“cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act22and for the purposes of this Order includes parts of a cycle track and includes ways which include a right of way on foot;
“de-trunking and stopping up plans” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the de-trunking and stopping up plans for the purposes of this Order;
“electronic transmission” means a communication transmitted—
(a) by means of an electronic communications network; or
(b) by other means but while in electronic form;
and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 200323;
“engineering drawings and sections” means the engineering section drawings and the structures engineering drawings and sections;
“engineering section drawings” means the document of that description listed in Schedule 12 (documents to be certified) certified as the engineering section drawings for the purposes of this Order;
“Environment Agency” means the body of that name created by section 1 of the Environment Act 199524or any successor in function to it;
“environmental masterplan” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the environmental masterplan for the purposes of this Order;
“environmental statement” means the document of that description, the constituent parts of which are listed in Schedule 12 (documents to be certified), certified as the environmental statement for the purposes of this Order;
“footpath” and “footway” have the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;
“highway” has the same meaning as in section 328(1) (meaning of “highway”) of the 1980 Act includes part of a highway;
“highway authority” and “local highway authority” have the same meaning as in the 1980 Act;
“land plans” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the land plans for the purposes of this Order;
“limits of deviation” means the limits of deviation referred to in article 9 (limits of deviation);
“maintain” in relation to the authorised development includes to inspect, repair, adjust, alter, improve, landscape, preserve, remove, reconstruct, refurbish or replace, provided such works do not give rise to any materially new or materially different effects in comparison with those reported in the environmental statement, and any derivative of “maintain” is to be construed accordingly;
“motor cycle” has the meaning given in regulation 3(2) of the 1986 Regulations;
“National Grid” means National Grid Electricity Transmission PLC (Company No. 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH;
“Network Rail” means Network Rail Infrastructure Limited (Company No. 02904587) whose registered office is at Waterloo General Office, London, United Kingdom, SE1 8SW;
“Order land” means the land shown on the land plans which is within the limits of land to be acquired or used permanently or temporarily and described in the book of reference;
“Order limits” means the limits of land to be acquired permanently or used temporarily as shown on the land plans, and the limits of land within which the authorised development, as shown on the works plans, may be carried out;
“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 198125;
“permanent works” means those works shown on the permanent works plans and described under the heading “Permanent Works” in Schedule 1;
“permanent works plans” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the permanent works plans for the purposes of this Order and forming parts of the works plans;
“relevant local highway...
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