The M20 Junction 10a Development Consent Order 2017

Made: 1st December 2017

Coming into force: 22nd December 2017

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—

PART 1 — PRELIMINARY

Citation and commencement

1

This Order may be cited as the M20 Junction 10a Development Consent Order 2017 and comes into force on 22nd December 2017.

Interpretation

2

• (1) In this Order except where provided otherwise—

• “the 1961 Act” means the Land Compensation Act 1961[^f00004];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00005];

• “the 1980 Act” means the Highways Act 1980[^f00006];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00007];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00008];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00009];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00010];

• “the 2008 Act” means the Planning Act 2008[^f00011];

• “A2070 Option A” means Work No. 2A;

• “A2070 Option B” means Work No. 2B;

• “address” includes any number or address for the purposes of electronic transmission;

• “alternative A2070 options” means the A2070 Option A and the A2070 Option B;

• “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;

• “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;

• “bridleway” has the same meaning as in the 1980 Act;

• “building” includes any structure or erection or any part of a building, structure or erection;

• “carriageway” has the same meaning as in the 1980 Act;

• “the classification of roads plans” means the plans of that description 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) 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, remedial work in respect of any contamination or other adverse ground conditions, 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 provisions as to interpretation) of the 1980 Act[^f00012];

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form;

• “the engineering section drawings” means the documents certified as the engineering section drawings by the Secretary of State for the purposes of this Order;

• “the environmental masterplan” means the plan certified by the Secretary of State as the environmental masterplan for the purposes of this Order;

• “environmental statement” means the documents set out in Schedule 10 (environmental statement 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 the 1980 Act;

• “the general arrangement plans” means the plans certified by the Secretary of State as the general arrangement plans for the purposes of this Order;

• “highway” has the same meaning as in the 1980 Act;

• “the highway authority” means the undertaker;

• “the land plans” means the plans certified as the land plans by the Secretary of State for the purposes of this Order;

• “limits of deviation” means the limits of deviation referred to in article 8 (limits of deviation);

• “the local highway authority” means Kent County Council;

• “maintain” includes, to the extent assessed in the environmental statement, inspect, repair, adjust, alter, remove or reconstruct in relation to the authorised development and any derivative of “maintain” is to be construed accordingly;

• “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 deviation shown on the works plans within which the authorised development may be carried out;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[^f00013];

• “relevant planning authority” means the local planning authority for the land in question;

• “the rights of way and access plans” means the plans certified as the rights of way and access plans by the Secretary of State for the purposes of this Order;

• “Secretary of State” means the Secretary of State for Transport;

• “the special category land plans” means the plans certified by the Secretary of State as the special category land plans for the purposes of this Order;

• “special road” means a highway which is a special road in accordance with section 16 (general provisions as to special roads) of the 1980 Act or by virtue of an order granting development consent;

• “the speed limit plans” means the plans certified by the Secretary of State as the speed limit plans for the purposes of this Order;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

• “street” means a street within the meaning of section 48 (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

• “street authority”, in relation to a street, has the same meaning as in Part 3 of the 1991 Act;

• “traffic authority” has the same meaning as in section 121A[^f00014] (traffic authorities) of the 1984 Act;

• “traffic regulation measures plans” means the plans certified as the traffic regulation measures plans by the Secretary of State for the purposes of this Order;

• “the tribunal” means the Lands Chamber of the Upper Tribunal;

• “trunk road” means a highway which is a trunk road by virtue of— section 10[^f00015] (general provision as to trunk roads) or section 19(1)[^f00016] (certain special roads and other highways to become trunk roads) of the 1980 Act; an order made or direction given under section 10 of that Act; or an order granting development consent; or any other enactment;

• “the undertaker” means Highways England Company Limited, company number 09346363, whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and

• “the works plans” means the plans certified as the works plans by the Secretary of State for the purposes of this Order.

• (2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

• (3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

• (4) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

• (5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the relevant plans.

• (6) References in this Order to numbered works are references to the works as numbered in Schedule 1 (authorised development).

Disapplication of legislative provisions

3

• (1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development-

• (a) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016[^f00017] in relation to the carrying on of a flood risk activity or a water discharge activity;

• (b) section 24 (restrictions on abstraction) of the Water Resources Act 1991[^f00018];

• (c) the provisions of any byelaws made under, or having effect as if made under, paragraph 5 of Schedule 25 (bye-law making powers of the appropriate agency) to the Water Resources Act 1991;

• (d) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991[^f00019];

• (e) section 32 (variation of awards) of the Land Drainage Act 1991; and

• (f) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991.

• (2) In paragraph 1(a) “flood risk activity”[^f00020] and “water discharge activity”[^f00021] have the meaning given in the Environmental Permitting (England and Wales) Regulations 2016.

Maintenance of drainage works

4

• (1) Nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

• (2) In this article “drainage” has the same meaning as in section 72 (interpretation) of the Land Drainage Act 1991.

PART 2 — PRINCIPAL POWERS

Development consent etc. granted by the Order

5

• (1) Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.

• (2) Any enactment applying to land within or adjacent to the Order limits has effect subject to the provisions of this Order.

• (3) Despite anything in this Order or shown on the works plans, the undertaker may construct either Work No. 2A or Work No. 2B but not both.

Maintenance of authorised development

6

The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Planning permission

7

If planning permission is granted under the powers conferred by the 1990 Act for development any part of which is within the Order limits following the coming into force of this Order that is—

• (a) not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; or

• (b) required to complete or enable the use or operation of any part of the development authorised by this Order,

then the carrying out, use or operation of such development under the terms of the planning permission does not constitute a breach of the terms of this Order.

Limits of deviation

8

In carrying out the authorised development the undertaker may—

• (a) deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans; and

• (b) deviate vertically from the levels of the authorised development shown on the engineering section drawings, to a maximum of 1 metre upwards or 1 metre downwards,

except that these maximum limits of vertical deviation do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation with the relevant planning authority and the local highway authority, certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially worse adverse environmental effects from those reported in the environmental statement.

Benefit of Order

9

• (1) Subject to article 10 (consent to transfer benefit of Order) and paragraph (2), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

• (2) Paragraph (1) does not apply to the works for which the consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Consent to transfer benefit of Order

10

• (1) The undertaker may—

• (a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

• (b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

• (2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), include references to the transferee or the lessee.

• (3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

• (4) The consent of the Secretary of State is required for a transfer or grant under this article, except where the transfer or grant is made to—

• (a) Southern Gas Networks Public Limited Company (company number 05167021, whose registered office is at St Lawrence House, Station Approach, Horley, Surrey, RH6 9HJ) for the purposes of undertaking Work No. 22;

• (b) Southern Water Services Limited (company number 02366670, whose registered office is at Southern House, Yeoman Road, Worthing, West Sussex, BN13 3NX) for the purposes of undertaking Work No. 23;

• (c) BT Group Public Limited Company (company number 04190816, whose registered office is at 81 Newgate Street, London, EC1A 7AJ) (or a related or subsidiary company) for the purposes of undertaking Work No. 24;

• (d) South East Water Limited (company number 02679874, whose registered office is at Rocfort Road, Snodland, Kent, ME6 5AH) for the purposes of undertaking Work No. 25;

• (e) Vodafone Group Public Limited Company (company number 01833679, whose registered office is at Vodafone House, The Connection, Newbury, Berkshire, RG142FN) (or a related or subsidiary company) for the purposes of undertaking Work No. 26;

• (f) Virgin Media Limited (company number 02591237, whose registered office is at Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP) (or a related or subsidiary company) for the purposes of undertaking Work No. 27;

• (g) South Eastern Power Networks Public Limited Company (company number 03043097, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP) (or a related or subsidiary company) for the purposes of undertaking Work No. 28; or

• (h) Telent Technology Services Limited (company number 00703317, whose registered office is at Point 3 Haywood Road, Warwick, CV34 5AH) for the purposes of undertaking Work No. 29.

PART 3 — STREETS

Application of the 1991 Act

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• (1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

• (a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (which defines what highway authority works are major highway works) of that Act; or

• (b) they are works which, had they been executed by the local highway authority, might have been carried out in exercise of the powers conferred by section 64[^f00022] (dual carriageways and roundabouts) of the 1980 Act or section 184[^f00023] (vehicle crossings over footways and verges) of that Act.

• (2) In Part 3 of the 1991 Act references to the highway authority concerned are, in relation to works which are major highway works by virtue of paragraph (1), to be construed as references to the undertaker.

• (3) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers conferred by this Order—

• section 56[^f00024] (directions as to timing);

• section 56A[^f00025] (power to give directions as to placing of apparatus);

• section 58[^f00026] (restrictions following substantial road works);

• section 58A[^f00027] (restriction on works following substantial street works); and

• Schedule 3A[^f00028] (restriction on works following substantial street works).