The A38 Derby Junctions Development Consent Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/51 |
| Year | 2021 |
2021 No. 51
INFRASTRUCTURE PLANNING
The A38 Derby Junctions Development Consent Order 2021
Made 8thJanuary 2021
Coming into force 29thJanuary 2021
CONTENTS
|
PART 1 PRELIMINARY |
|
1. Citation and commencement |
4 |
2. Interpretation |
4 |
3. Disapplication of legislative provisions |
7 |
4. Maintenance of drainage works |
8 |
|
PART 2 PRINCIPAL POWERS |
|
5. Development consent etc. granted by the Order |
8 |
6. Maintenance of authorised development |
9 |
7. Planning permission |
9 |
8. Limits of deviation |
9 |
9. Benefit of Order |
9 |
10. Consent to transfer benefit of Order |
10 |
|
PART 3 STREETS |
|
11. Street works |
10 |
12. Application of the 1991 Act |
11 |
13. Construction and maintenance of new, altered or diverted streets and other structures |
12 |
14. Classification of roads, etc. |
13 |
15. Temporary stopping up and restriction of use of streets |
14 |
16. Permanent stopping up and restriction of use of streets and private means of access |
14 |
17. Access to works |
15 |
18. Clearways |
15 |
19. Traffic regulation |
16 |
|
PART 4 SUPPLEMENTAL POWERS |
|
20. Discharge of water |
18 |
21. Protective works to buildings |
19 |
22. Authority to survey and investigate the land |
20 |
|
PART 5 POWERS OF ACQUISITION |
|
23. Compulsory acquisition of land |
21 |
24. Compulsory acquisition of land – incorporation of the mineral code |
21 |
25. Time limit for exercise of authority to acquire land compulsorily |
21 |
26. Compulsory acquisition of rights |
21 |
27. Public rights of way |
22 |
28. Private rights over land |
22 |
29. Modification of Part 1 of the 1965 Act |
23 |
30. Application of the 1981 Act |
24 |
31. Acquisition of subsoil or airspace only |
25 |
32. Rights under or over streets |
25 |
33. Temporary use of land for carrying out the authorised development |
26 |
34. Temporary use of land for maintaining the authorised development |
27 |
35. Statutory undertakers |
28 |
36. Apparatus and rights of statutory undertakers in stopped up streets |
28 |
37. Recovery of costs of new connections |
30 |
38. Special category land |
30 |
|
PART 6 OPERATIONS |
|
39. Felling or lopping of trees and removal of hedgerows |
31 |
40. Trees subject to tree preservation orders |
31 |
|
PART 7 MISCELLANEOUS AND GENERAL |
|
41. Application of landlord and tenant law |
32 |
42. Operational land for purposes of the 1990 Act |
32 |
43. Defence to proceedings in respect of statutory nuisance |
33 |
44. Protective provisions |
33 |
45. Crown Rights |
33 |
46. Certification of plans etc. |
34 |
47. Service of notices |
34 |
48. Arbitration |
35 |
49. Removal of human remains |
35 |
SCHEDULES |
|
SCHEDULE 1 — AUTHORISED DEVELOPMENT |
37 |
SCHEDULE 2 — REQUIREMENTS |
43 |
PART 1 — REQUIREMENTS |
43 |
PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS |
50 |
SCHEDULE 3 — CLASSIFICATION OF ROADS, ETC. |
51 |
PART 1 — TRUNK ROADS |
51 |
PART 2 — DE-TRUNKED ROADS |
53 |
PART 3 — CLASSIFIED ROADS |
53 |
PART 4 — UNCLASSIFIED ROADS |
54 |
PART 5 — SPEED LIMITS |
55 |
PART 6 — TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS) |
59 |
PART 7 — REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS |
63 |
PART 8 — PUBLIC RIGHTS OF WAY |
74 |
SCHEDULE 4 — PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS |
76 |
PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED |
77 |
PART 2 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED |
78 |
PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED |
95 |
PART 4 — PRIVATE 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 |
97 |
SCHEDULE 5 — LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED |
99 |
SCHEDULE 6 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS |
102 |
SCHEDULE 7 — LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN |
106 |
SCHEDULE 8 — TREES SUBJECT TO TREE PRESERVATION ORDERS |
111 |
SCHEDULE 9 — PROTECTIVE PROVISIONS |
111 |
PART 1 — FOR THE PROTECTION OF ELECTRICITY, WATER AND SEWERAGE UNDERTAKERS |
111 |
PART 2 — FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS |
116 |
PART 3 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY |
117 |
PART 4 — FOR THE PROTECTION OF NETWORK RAIL |
122 |
PART 5 — FOR THE PROTECTION OF CADENT GAS LIMITED |
129 |
SCHEDULE 10 — DOCUMENTS TO BE CERTIFIED |
137 |
An application has been made to the Secretary of State under section 37 of the Planning Act 2008(1) (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(2) for an Order granting development consent.
The application was examined by a Panel of two members (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 2010(3).
The Panel, 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, have 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 is satisfied that replacement land has been or will be given in exchange for the special category land (as defined in article 38(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 38(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(4), 117, 120 and 122 of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5(5) to, the 2008 Act, makes the following Order—
PART 1
PRELIMINARY
Citation and commencement
1.—(1) This Order may be cited as the A38 Derby Junctions Development Consent Order 2021 and comes into force on 29th January 2021.
Interpretation
2.—(1) In this Order except where provided otherwise—
“the 1961 Act” means the Land Compensation Act 1961(6);
“the 1965 Act” means the Compulsory Purchase Act 1965(7);
“the 1980 Act” means the Highways Act 1980(8);
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981(9);
“the 1984 Act” means the Road Traffic Regulation Act 1984(10);
“the 1990 Act” means the Town and Country Planning Act 1990(11);
“the 1991 Act” means the New Roads and Street Works Act 1991(12);
“the 2008 Act” means the Planning Act 2008(13);
“address” includes any number or address for the purposes of electronic transmission;
“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;
“authorised development” means the development described in Schedule 1 (authorised development);
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“carriageway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;
“the classification of roads plans” means the plans certified by the Secretary of State as the classification of roads plans for the purposes of this Order;
“commence” means beginning to carry out any material operation (as defined in section 56(4)(14) (time when development begun) of the 1990 Act) forming part of the authorised development other than operations consisting of archaeological investigations, investigations for the purpose of assessing ground conditions, contamination or other adverse ground conditions, establishment of working areas and compounds, delivery of construction materials, plant and equipment, erection of any temporary means of enclosure, and the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;
“cycle track” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act(15);
“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 2003(16);
“the engineering section drawings” means the documents certified by the Secretary of State as the engineering section drawings for the purposes of this Order;
“the environmental statement” means the documents certified by the Secretary of State as the environmental statement for the purposes of this Order;
“the flood compensation areas” means the flood compensation areas shown on the engineering section drawings and the works plans;
“the flood storage areas” means the flood storage areas shown on the engineering section drawings and on the works plans;
“footpath” and “footway” have the same meaning as in section 329(1) of the 1980 Act;
“highway” has the same meaning as in section 328 (meaning of “highway”) of the 1980 Act;
“the land plans” means the plans certified by the Secretary of State as the land plans for the...
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