The A428 Black Cat to Caxton Gibbet Development Consent Order 2022
| Jurisdiction | UK Non-devolved |
2022 No. 934
Infrastructure Planning
The A428 Black Cat to Caxton Gibbet Development Consent Order 2022
Made 18th August 2022
Coming into force 8th September 2022
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 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The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74(2) of the 2008 Act has submitted a report and recommendation to the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The Secretary of State, having considered the representations made and not withdrawn, and the report and recommendation of the panel, has decided to make an Order granting development consent for the development described in the application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, in exercise of the powers conferred by sections 1144, 1155, 1176, 1207, 1228and 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—
PART 1
PRELIMINARY
Citation and commencement
1. This Order may be cited as the A428 Black Cat to Caxton Gibbet Development Consent Order 2022 and comes into force on 8th September 2022.
Interpretation
2.—(1) In this Order except where provided otherwise—
“the 1961 Act” means the Land Compensation Act 19619;
“the 1965 Act” means the Compulsory Purchase Act 196510;
“the 1980 Act” means the Highways Act 198011;
“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 198112;
“the 1984 Act” means the Road Traffic Regulation Act 198413;
“the 1990 Act” means the Town and Country Planning Act 199014;
“the 1991 Act” means the New Roads and Street Works Act 199115;
“the 2008 Act” means the Planning Act 200816;
“address” includes any number or address for the purposes of electronic transmission;
“advanced works permission” means the planning permission in respect of land to the West of Hills Farm, Station Road, Tempsford SG19 2BP for archaeological excavation and associated engineering works granted by Central Bedfordshire Council on 8th April 2021, with reference 20/04185/FULL;
“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 10 (documents to be certified) and 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;
“bridlepath” means a way constituting or comprised in a highway over which the public have a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988), on foot and on horseback or leading a horse, but no other right of way;
“building” includes any structure or erection or any part of a building, structure or erection;
“Cadent” means Cadent Gas Limited (company number 10080864), whose registered office is at Cadent, Pilot Way, Ansty, Coventry, England, CV7 9JU;
“carriageway” has the same meaning as in section 329(1) of the 1980 Act;
“classification of road plans” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the classification of road plans for the purposes of this Order;
“commence” means beginning to carry out any material operation (as defined in section 56(4)17of the 1990 Act) forming part of the authorised development other than any operations consisting of pre-commencement works, and “commencement” is to be construed accordingly;
“Crown land plans” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the Crown land plans for the purposes of this Order;
“cycle track” has the same meaning as in section 329(1)18of the 1980 Act and for the purposes of this Order includes a right of way on foot;
“de-trunking plans” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the de-trunking 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 200319;
“engineering section drawings” means the document of that description listed in Schedule 10 (documents to be certified) and certified as the engineering section drawings by the Secretary of State for the purposes of this Order;
“environmental masterplan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the environmental masterplan for the purposes of this Order;
“environmental statement” means the document of that description listed in Schedule 10 (documents to be certified) and certified as the environmental statement by the Secretary of State for the purposes of this Order;
“footpath” and “footway” have the same meaning as in section 329(1) of the 1980 Act;
“general arrangement plans” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the general arrangement plans for the purposes of this Order;
“habitats plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the habitats map for the purposes of this Order;
“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 10 (documents to be certified) and certified as the land plans by the Secretary of State for the purposes of this Order;
“land adjacent to the Order limits” means any land outside but adjacent to the Order limits the use of which is reasonably necessary to construct the authorised development or any section or part of the authorised development;
“limits of deviation” means the limits of deviation referred to in article 8 (limits of deviation);
“maintain” includes, in relation any part of the authorised development, 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 environmental effects to those identified in the environmental statement and any derivative of “maintain” is to be construed accordingly;
“new dual carriageway” means a new 10 mile (16km) dual 2-lane carriageway from the Black Cat junction to the Caxton Gibbet junction as shown on the works plans, to be known as the A421, and comprised within the authorised development;
“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;
“the 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 198120;
“permanent speed limit plans” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the permanent speed limit plans for the purposes of this Order;
“pre-commencement work” means;
(a) archaeological investigations and mitigation works;
(b) environmental surveys;
(c) pre-construction mitigation works;
(d) investigations for the purpose of assessing and monitoring ground conditions and levels;
(e) remedial work in respect of any contamination or other adverse ground conditions;
(f) erection of any temporary means of enclosure;
(g) temporary hard standing;
(h) receipt and erection of construction plant and equipment;
(i) diversion and laying of underground apparatus and utilities;
(j) protection works comprising utilities protection works or fencing and protection slabs;
(k) demolition;
(l) site clearance;
(m) construction compound set up; and
(n) the temporary display of site notices or advertisements;
“the relevant local highway authority” means, the local highway authority in whose area the highway in question lies;
“relevant planning authority” means in any given provision of this Order, the planning authority for the land to which the provision relates;
“special road” means a highway which is a special road in accordance with section 1621(general provisions as to special roads) of the 1980 Act or by virtue of an order granting development consent;
“statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;
“street” means a street...
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