The A428 Black Cat to Caxton Gibbet Development Consent Order 2022

Made: 18th August 2022

Coming into force: 8th September 2022

The Secretary of State, in exercise of the powers conferred by sections 114[^f00004], 115[^f00005], 117[^f00006], 120[^f00007], 122[^f00008] 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 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 1961[^f00009];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00010];

• “the 1980 Act” means the Highways Act 1980[^f00011];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00012];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00013];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00014];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00015];

• “the 2008 Act” means the Planning Act 2008[^f00016];

• “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)[^f00017] of 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)[^f00018] of 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— by means of an electronic communications network; or 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[^f00019];

• “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 1981[^f00020];

• “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; archaeological investigations and mitigation works; environmental surveys; pre-construction mitigation works; investigations for the purpose of assessing and monitoring ground conditions and levels; remedial work in respect of any contamination or other adverse ground conditions; erection of any temporary means of enclosure; temporary hard standing; receipt and erection of construction plant and equipment; diversion and laying of underground apparatus and utilities; protection works comprising utilities protection works or fencing and protection slabs; demolition; site clearance; construction compound set up; and 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 16[^f00021] (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 within the meaning of section 48[^f00022] (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 (street works in England and Wales) of the 1991 Act;

• “streets, rights of way and access plans” means the document of that description listed in Schedule 10 (documents to be certified) and certified as the streets, rights of way and access plans by the Secretary of State for the purposes of this Order;

• “traffic authority” has the same meaning as in section 121A[^f00023] (traffic authorities) of the 1984 Act;

• “traffic regulation measures plans” means the document of that description listed in Schedule 10 (documents to be certified) and certified as the traffic regulation measures plans by the Secretary of State for the purposes of this Order;

• “tree constraints plan” means the document of that description listed in Schedule 10 (documents to be certified) and certified as the tree constraints plan 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[^f00024] (general provision as to trunk roads) or section 19(1)[^f00025] (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;

• “undertaker” means National Highways 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

• “works plans” means the document of that description listed in Schedule 10 (documents to be certified) and 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) References in this Order to the creation and acquisition of rights over land include references to rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the direction of the undertaker, either—

• (a) to an affected person directly, where that affected person’s land or rights over land have been adversely affected by this Order, and, where that is the case, the rights referenced in the Order are to be granted for the benefit of the land in which that affected person has an interest at the time of the making of this Order; or

• (b) to any statutory undertaker for the purposes of their undertaking.

• (4) 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.

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

• (6) 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.

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

Disapplication of legislative provisions

3

• (1) The provisions of the Neighbourhood Planning Act 2017[^f00026] insofar as they relate to temporary possession of land under articles 37 (temporary use of land for carrying out the authorised development) and 38 (temporary use of land for maintaining the authorised development) do not apply in relation to the construction of work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 38(13), any maintenance of any part of the authorised development.

• (2) 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[^f00027] in relation to the carrying on of a flood risk activity;

• (b) the provisions of any byelaws made under, or having effect as if made under, paragraph 5, 6 or 6A of Schedule 25 (byelaw making powers of the appropriate agency) to the Water Resources Act 1991[^f00028];

• (c) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991[^f00029];

• (d) section 32[^f00030] (variation of awards) of the Land Drainage Act 1991;

• (e) section 15 (temporary closure of recreational waterways) of the Anglian Water Authority Act 1977[^f00031];

• (f) Part 11 (Community Infrastructure Levy) of the 2008 Act; and

• (g) the provisions of any byelaws made under section 66[^f00032] (powers to make byelaws) of the Land Drainage Act 1991.

• (3) In paragraph (2)(a) “flood risk activity” has the meaning given in the Environmental Permitting (England and Wales) Regulations 2016.

PART 2 — PRINCIPAL POWERS

Development consent etc. granted by the Order

4

• (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 the Order limits or land adjacent to the Order limits has effect subject to the provisions of this Order.

Maintenance of authorised development

5

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.

Application of the 1990 Act

6

• (1) This article applies where the Order land is used for the temporary construction works.

• (2) Where this article applies, section 57(2) of the 1990 Act (planning permission required for development) applies as if the development consent granted by this Order were planning permission granted for a limited period.

• (3) In this article, “the temporary construction works” means works within the proposed multiple purpose construction areas, the proposed soil storage areas, the proposed site compound areas and the proposed borrow land areas as shown on the general arrangement plans.

Planning permission

7

• (1) If planning permission is issued pursuant to the 1990 Act for development any part of which is within the Order limits following the publication 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 construction, 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.

• (2) Anything done by the undertaker in accordance with the terms of this Order does not constitute a breach of any planning permission that is issued pursuant to the 1990 Act.

Limits of deviation

8

• (1) In carrying out the authorised development the undertaker may, so far as the undertaker considers it necessary or convenient—

• (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;

• (b) deviate laterally from the routes shown on the streets, rights of way and access plans to the extent of the limits of deviation shown on those plans; and

• (c) 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.