LegalizeThe A47/A11 Thickthorn Junction Development Consent (Correction) Order 2023
Made: 28th July 2023
Coming into force: 31st July 2023
The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraph 1(4) and (8) of Schedule 4 to, the Act, makes the following Order:
Citation and commencement
1
This Order may be cited as the A47/A11 Thickthorn Junction Development Consent (Correction) Order 2023 and comes into force on 31st July 2023.
Corrections
2
The A47/A11 Thickthorn Junction Development Consent Order 2022 is corrected as set out in the table in the Schedule to this Order, where—
- (a) column 1 sets out where the correction is to be made;
- (b) column 2 sets out how the correction is to be made; and
- (c) column 3 sets out the text to be substituted, inserted or omitted.
SCHEDULE — Corrections
| (1) | (2) | (3) |
|---|---|---|
| Where the correction is to be made | How the correction is to be made | Text to be substituted, inserted or omitted |
| The heading of article 16 (Temporary stopping and restriction of use of streets) | For “stopping and”, substitute | “stopping up and” |
| Article 31(7) (Application of the 1981 Act) | For “section (6)(1)(b)”, substitute | “section 6(1)(b)” |
| Article 34(4)(e) (Temporary use of land for carrying out the authorised development) | For “or necessary mitigation works”, substitute | “; or” |
| After article 34(4)(e) | Insert | f remove or reposition necessary mitigation works. |
| Article 41(8) (Removal of human remains) | For “containers which must identifiable”, substitute | “containers which must be identifiable” |
| Article 52 (Crown rights) | For “her majesty”, wherever it appears, substitute | “his majesty” |
| Schedule 2 (Requirements), Part 1 (Requirements) | Schedule 2 (Requirements), Part 1 (Requirements) | Schedule 2 (Requirements), Part 1 (Requirements) |
| Paragraph 1 (Interpretation), in the definition of “completed” | For “completion”, substitute | ““completion”” |
| Schedule 6 (Modification of compensation and compulsory purchase enactments for creation of new rights) | Schedule 6 (Modification of compensation and compulsory purchase enactments for creation of new rights) | Schedule 6 (Modification of compensation and compulsory purchase enactments for creation of new rights) |
| Paragraph 5(7) | For “article 30(3)”, substitute | “article 30(4)” |
| Schedule 9 (Protective provisions), Part 1 (For the protection of operators of electricity, gas, water and sewerage undertakers) | Schedule 9 (Protective provisions), Part 1 (For the protection of operators of electricity, gas, water and sewerage undertakers) | Schedule 9 (Protective provisions), Part 1 (For the protection of operators of electricity, gas, water and sewerage undertakers) |
| Paragraph 4(2) (Apparatus in stopped up streets) | For “alteration, diversion”, substitute | “stopping up” |
| Schedule 9, Part 3 (For the protection of National Grid as electricity undertaker) | Schedule 9, Part 3 (For the protection of National Grid as electricity undertaker) | Schedule 9, Part 3 (For the protection of National Grid as electricity undertaker) |
| Paragraph 18 (Interpretation) | For ““functions” includes powers and duties;“ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;”, substitute | ““functions” includes powers and duties; “ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;” |
| Schedule 9, Part 4 (For the protection of Anglian Water Services Limited) | Schedule 9, Part 4 (For the protection of Anglian Water Services Limited) | Schedule 9, Part 4 (For the protection of Anglian Water Services Limited) |
| Paragraph 36(1) (Apparatus in stopped up streets) | For “(retained appartatus)”, substitute | “(retained apparatus)” |
| Schedule 9, Part 5 (For the protection of Cadent as gas undertaker) | Schedule 9, Part 5 (For the protection of Cadent as gas undertaker) | Schedule 9, Part 5 (For the protection of Cadent as gas undertaker) |
| Paragraph 49 (Interpretation), in the definition of “specified works”) | For “paragraph 53(2)”, in both places where it appears, substitute | “paragraph 54(2)” |
| Paragraph 51(1) (Apparatus of Cadent in stopped up streets) | For “paragraph 53”, substitute | “paragraph 54 (removal of apparatus)” |
| Paragraph 54(1) (Removal of apparatus) | For “paragraph 57”, substitute | “paragraph 53” |
| Paragraph 55(2) (Facilities and rights for alternative apparatus) | For “paragraph 63”, substitute | “paragraph 62” |
| Paragraph 56(10)(b) (Retained apparatus: protection of Cadent) | For “paragraph 56”, substitute | “paragraph 57” |
| Paragraph 57(1)(a)(i) (Expenses) | For “paragraph 53(3)(removal”, substitute | “paragraph 54(3) (removal” |
| Paragraph 60(1) (Co-operation) | For “paragraph 53(2)” and “paragraph 55”, substitute | “paragraph 54(2)” and “paragraph 56” respectively |
| Paragraph 62 (Arbitration) | For “paragraph 53(2) (removal of apparatus) and 53(4)”, substitute | “paragraph 54(2) (removal of apparatus) and (4)” |
| Paragraph 63 (Notices) | For “paragraph 55(1)”, substitute | “paragraph 56(1)” |
| Schedule 9, Part 6 (For the protection of railway interests) | Schedule 9, Part 6 (For the protection of railway interests) | Schedule 9, Part 6 (For the protection of railway interests) |
| Paragraph 65, in the definition of “specified works” | After “by article 6 (”, omit | “construction and” |
| Paragraph 67(1)(b) | Omit | “construction and” |
| Paragraph 74(10) | For “article 52”, substitute | “article 51” |
| Paragraph 85 | After “any dispute arising under”, omit | “this part of” |
Signed
Signed by authority of the Secretary of State for Transport
Gareth Leigh — Head of the Transport and Works Act Orders Unit — Department for Transport — 28th July 2023
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order corrects errors and omissions in the A47/A11 Thickthorn Junction Development Consent Order 2022 (S.I. 2022/1070), a development consent order made under the Planning Act 2008 (c. 29), following a request under paragraph 1(5)(a) of Schedule 4 to that Act.
Footnotes
[^f00001]: S.I. 2022/1070.
[^f00002]: 2008 c. 29. Paragraph 1 of Schedule 4 was amended by section 128(2) of, and paragraph 70 of Schedule 13, and Part 20 of Schedule 25 to the Localism Act 2011 (c. 20). There are other amendments to paragraph 1 of Schedule 4 that are not relevant to this Order.
[^f00003]: The term “applicant” is defined in paragraph 4 of Schedule 4 to the Act.
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