The M60/M62/M66 Simister Island Interchange Development Consent Order 2025

Type Statutory-Instrument
Publication 2025-09-09
Last updated 2025-12-16
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
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  • (1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity tower foundations.
  • (2) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—
  • (a) the exact position of the works;
  • (b) the level at which these are proposed to be constructed or renewed;
  • (c) the manner of their construction or renewal including details of excavation, positioning of plant;
  • (d) the position of all apparatus;
  • (e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;
  • (f) any intended maintenance regimes; and
  • (g) an assessment of risks of rise of earth issues.
  • (3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-paragraph (2), include a method statement describing—
  • (a) details of any cable trench design including route, dimensions, clearance to pylon foundations;
  • (b) demonstration that pylon foundations will not be affected prior to, during and post construction;
  • (c) details of load bearing capacities of trenches;
  • (d) details of any cable installation methodology including access arrangements, jointing bays and backfill methodology;
  • (e) a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route;
  • (f) written details of the operations and maintenance regime for any cable, including frequency and method of access;
  • (g) assessment of earth rise potential if reasonably required by National Grid’s engineers; and
  • (h) evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to 26 tonnes in weight.
  • (4) The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until National Grid has given written approval of the plan so submitted.
  • (5) Any approval of National Grid required under sub-paragraphs (4)—
  • (a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (8); and,
  • (b) must not be unreasonably withheld.
  • (6) In relation to any work to which sub-paragraphs (2) or (3) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.
  • (7) Works executed under sub-paragraphs (2) or (3) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.
  • (8) Where under sub-paragraph (6) National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid’s satisfaction prior to the commencement of any specified works for which protective works are required and National Grid must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).
  • (9) If National Grid in accordance with sub-paragraphs (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 34 to 36 and 39 to 41 apply as if the removal of the apparatus had been required by the undertaker under paragraph 40(2).
  • (10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.
  • (11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (6) to (8) insofar as is reasonably practicable in the circumstances.
  • (12) In sub-paragraph (11) “emergency works” means works whose execution at the time when they are executed is required in order to put an end to or to prevent the occurrence of circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

Expenses

43
  • (1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised works including without limitation—
  • (a) any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid;
  • (i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 40(3); or
  • (ii) exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid;
  • (b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;
  • (c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;
  • (d) the approval of plans;
  • (e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works; and
  • (f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.
  • (2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.
  • (3) If in accordance with the provisions of this Part of this Schedule—
  • (a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or
  • (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 48 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

  • (4) For the purposes of sub-paragraph (3)—
  • (a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and
  • (b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.
  • (5) Any amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

44
  • (1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised works by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised works) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will—
  • (a) bear and pay on demand accompanied by an invoice or claim from National Grid the cost reasonably and properly incurred by National Grid in making good such damage or restoring the supply; and
  • (b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid other than arising from any default of National Grid.
  • (2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.
  • (3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—
  • (a) any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents; or
  • (b) any part of the authorised works carried out by National Grid in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 8 (consent to transfer benefit of Order).
  • (4) National Grid must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.
  • (5) National Grid must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.
  • (6) National Grid must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid’s control and if reasonably requested to do so by the undertaker National Grid must provide an explanation of how the claim has been minimised, where relevant.

Enactments and agreements

45

Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

46
  • (1) Where in consequence of the proposed construction of any part of the authorised works, the undertaker or National Grid requires the removal of apparatus under paragraph 40(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 42, the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised works and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid must use its best endeavours to co-operate with the undertaker for that purpose.
  • (2) For the avoidance of doubt whenever the undertaker’s or National Grid’s consent, agreement or approval is required in relation to plans, documents or other information submitted under this schedule, or agreement is required to be reached between the parties under this schedule, it must not be unreasonably withheld or delayed.

Access

47

If in consequence of the agreement reached in accordance with paragraph 39(1) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

48

Save for differences or disputes arising under paragraph 40(2), 40(4) and 41(1), any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 48 (arbitration).

Notices

49

Notwithstanding article 42 (service of notices), any plans submitted to National Grid by the undertaker must be sent to National Grid Plant Protection at plantprotection@nationalgrid.com or such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

SCHEDULE 10 — CERTIFICATION OF PLANS AND DOCUMENTS, ETC

The reference to a document in the table with a numbered regulation is a reference to the regulation as numbered in the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009.

(1) Document (2) Document Reference (3) Version
Book of Reference – Regulation 5(2)(d) TR010064/APP/4.3 P06
Environmental Statement Chapters 1, 2, 3, 4, 5, 9, 10, 11, 12 and 14 – Regulation 5(2)(a) TR010064/APP/6.1 P01
Environmental Statement Chapters 6, 7, 13 and 15 – Regulation 5(2)(a) TR010064/APP/6.1 P02
Environmental Statement Chapters 8 and 16 – Regulation 5(2)(a) TR010064/APP/6.1 P03
Environmental Statement Figures – Regulation 5(2)(a) TR010064/APP/6.2 P03
Environmental Statement Appendices – Regulation 5(2)(a) TR010064/APP/6.3 P02
Environmental Statement Non-Technical Summary – Regulation 5(2)(a) TR010064/APP/6.4 P03
First iteration Environmental Management Plan (including the Register of Environmental Commitments) – Regulation 5(2)(q) TR010064/APP/6.5 P06
Location Plan – Regulation 5(2)(o) TR010064/APP/2.1 P01
General Arrangement Plans – Regulation 5(2)(o) TR010064/APP/2.2 P01
Land Plans – Regulation 5(2)(i) and 5(4) TR010064/APP/2.3 P04
Works Plans – Regulation 5(2)(j) and 5(4) TR010064/APP/2.4 P03
Streets, Rights of Way and Access Plans – Regulation 5(2)(k) and 5(4) TR010064/APP/2.5 P01
Traffic Regulation Measures Plans – Regulation 5(2)(o) TR010064/APP/2.6 P01
Classification of Road Plans – Regulation 5(2)(o) TR010064/APP/2.7 P02
Engineering Section Drawings – Regulations 5(2)(o), 5(4) and 6(2) TR010064/APP/2.8 P01
Important Hedgerow Plans – Regulation 5(2)(i) TR010064/APP/2.9 P01
Statement of Statutory Nuisances – Regulation 5(2)(f) TR010064/APP/6.8 P01
Outline Traffic Management Plan – Regulations 5(2)(q) TR010064/APP/7.5 P02
Design Principles Report TR010064/APP/7.29 P01

Signed

Signed by authority of the Secretary of State for Transport

Marco Picardi — Head of Transport and Works Act Orders Unit — Department for Transport — 9th September 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order authorises National Highways Limited to undertake works to construct the M60/M62/M66 Simister Island scheme and to carry out all associated works.

The Order permits National Highways Limited to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also includes provisions in connection with the maintenance of the authorised development.

A copy of the plans, engineering section drawings, the book of reference, the environmental statement and the first iteration EMP mentioned in this Order and certified in accordance with article 41 (certification of plans and documents, etc.) of this Order may be inspected free of charge during normal working hours at National Highways, Piccadilly Gate, Store Street, Manchester, M1 2WD.

Footnotes

[^f00001]: 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of, and paragraph 5 of Schedule 13 to, the Localism Act 2011 (c. 20).

[^f00002]: S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2014/469, S.I. 2014/2381, S.I. 2015/377, S.I. 2015/1682, S.I. 2017/524, S.I. 2017/572, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634, S.I. 2023/1071 and S.I. 2024/332.

[^f00003]: S.I. 2010/103, amended by S.I. 2012/635 and S.I. 2024/317.

[^f00004]: Section 114 was amended by paragraph 55 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00005]: Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011 and section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).

[^f00006]: Section 117 was amended by paragraph 58 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.

[^f00007]: Section 120 was amended by section 140 and paragraph 60 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00008]: Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00009]: Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.

[^f00010]: Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 (c. 27).

[^f00011]: 1961 c. 33.

[^f00012]: 1965 c. 56.

[^f00013]: 1980 c. 66.

[^f00014]: 1981 c. 66.

[^f00015]: 1984 c. 27.

[^f00016]: 1990 c. 8.

[^f00017]: 1991 c. 22.

[^f00018]: 2004 c. 18.

[^f00019]: 2008 c. 29.

[^f00020]: The definition of “cycle track” in section 329(1) of the 1980 Act was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00021]: 2003 c. 21. Section 32(1) was amended by S.I. 2011/1210.

[^f00022]: 1981 c. 67. The definition of “owner” was amended by paragraph 9 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34). There are other amendments to section 7 which are not relevant to the Order.

[^f00023]: Section 48 was amended by section 124(1) and (2) of the Local Transport Act 2008 (c. 26).

[^f00024]: Section 121A was inserted by section 168(1) of, and paragraph 70 of Schedule 8 to, the New Roads and Street Works Act 1991 (c. 22). It was amended by section 1(6) of, and paragraph 95(2) and (3) of Schedule 1 to, the Infrastructure Act 2015 (c. 7). There are other amendments which are not relevant to this Order.

[^f00025]: Section 10 was amended by section 22(2) of the 1991 Act, by section 36 of, and paragraph 22 of Schedule 2 to, the Planning Act 2008, and by section 1(6) of, and Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00026]: Section 19 was amended by section 1(6) of, and Schedule 1 to, the Infrastructure Act 2015 (c. 7). There are other amendments to section 19 that are not relevant to this Order.

[^f00027]: 1991 c. 59. The definition of “drainage” was substituted by section 100(2) of the Environment Act 1995 (c. 25).

[^f00028]: Section 64 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the New Roads and Street Works Act 1991.

[^f00029]: Section 184 was amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48); by section 4 of, and paragraph 45(11) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11); and section 168 of, and paragraph 9 of Schedule 8 and Schedule 9 to, the New Roads and Street Works Act 1991.

[^f00030]: Section 56 was amended by sections 40 and 43 of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

[^f00031]: Section 56A was inserted by section 44 of the Traffic Management Act 2004.

[^f00032]: Section 58 was amended by sections 40 and 51 of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00033]: Section 58A was inserted by section 52 of the Traffic Management Act 2004.

[^f00034]: Section 73A was inserted by section 55 of the Traffic Management Act 2004.

[^f00035]: Section 73B was inserted by section 55 of the Traffic Management Act 2004.

[^f00036]: Section 73C was inserted by section 55 of the Traffic Management Act 2004.

[^f00037]: Section 78A was inserted by section 57 of the Traffic Management Act 2004.

[^f00038]: Schedule 3A was inserted by section 52(2) of, and Schedule 4 to, the Traffic Management Act 2004.

[^f00039]: Sections 54, 55, 57, 60, 68 and 69 were amended by sections 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

[^f00040]: Section 54 was amended by section 49(1) of the Traffic Management Act 2004.

[^f00041]: Section 55 was amended by sections 49(2) and 51(9) of the Traffic Management Act 2004.

[^f00042]: Section 57 was amended by section 52(3) of the Traffic Management Act 2004.

[^f00043]: Section 59 was amended by section 42 of the Traffic Management Act 2004.

[^f00044]: Section 75 was substituted by section 58(2) of the Traffic Management Act 2004.

[^f00045]: Schedule 4 was amended by section 4 of, and paragraph 21(3) of Schedule 3 to, the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

[^f00046]: Section 32 was amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and by section 168(1) of, and paragraph 39 of Schedule 8 to, the New Works and Street Works Act 1991.

[^f00047]: 2004 c. 18.

[^f00048]: 1991 c. 56. Section 106 was amended by section 35(1) and (8), 43(2) and 56(7) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

[^f00049]: S.I. 2016/1154, amended by S.I. 2018/110.

[^f00050]: 1991 c. 57.

[^f00051]: Section 152 was amended by S.I. 2009/1307.

[^f00052]: Section 13 was amended by sections 62(3), 139(4) to (9) and 148 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00053]: Section 125 was amended by section 216(3) of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

[^f00054]: 1981 c. 67.

[^f00055]: Section 11(1) was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981, section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), and sections 186 (1) and (2), 187(1) and (2), and 188 of the Housing and Planning Act 2016 (c. 22).

[^f00056]: Section 152 was amended by S.I. 2009/1307.

[^f00057]: Section 138 was amended by section 23(1) and (4) of the Growth and Infrastructure Act 2013 (c. 27) and S.I. 2017/1285.

[^f00058]: Section 125 was amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016.

[^f00059]: Section 4A(1) was inserted by section 202(1) of the Housing and Planning Act 2016.

[^f00060]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00061]: Section 5 was amended by paragraphs 4 and 6 of Schedule 15 to the Housing and Planning Act 2016.

[^f00062]: Section 5A was inserted by section 182(2) of the Housing and Planning Act 2016 and was amended by section 185(3)(a) of the Levelling-up and Regeneration Act 2023.

[^f00063]: Section 5B(1) was inserted by section 202(2) of the Housing and Planning Act 2016 and amended by section 185(3)(b) of the Levelling-up and Regeneration Act 2023.

[^f00064]: Section 6 was amended by section 4 of, and paragraph 52(2) of Schedule 2 to, the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016.

[^f00065]: Section 7(1) was substituted by paragraphs 1 and 3 of Schedule 18 to the Housing and Planning Act 2016.

[^f00066]: Schedule A1 was inserted by paragraph 6 of Part 1 of Schedule 18 to the Housing and Planning Act 2016.

[^f00067]: Section 153(4A) was inserted by section 200(1) and (2) of the Housing and Planning Act 2016.

[^f00068]: Section 11 was amended by section 34(1) of, and paragraph 14(3) of Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 14 of, paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186, 187 and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 and S.I. 2009/1307.

[^f00069]: Section 4 was amended by section 184 and 185 of, and paragraph 2 of Schedule 18 to, the Housing and Planning Act 2016.

[^f00070]: Section 152 was amended by S.I. 2009/1307.

[^f00071]: Section 13 was amended by sections 62(3) and 139 of, and paragraphs 27 and 28 of Schedule 13, and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00072]: 2003 c. 21. There are amendments to section 151 which are not relevant to this Order.

[^f00073]: 1981 c. 69.

[^f00074]: S.I. 2017/1012.

[^f00075]: S.I. 1997/1160.

[^f00076]: 1990 c. 43. There are amendments to this subsection which are not relevant to this Order.

[^f00077]: Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40). There are other amendments to the subsection that are not relevant to this Order.

[^f00078]: 1974 c. 40. Section 61(9) was amended by section 162 of, and paragraph 15(1) and (3) of Schedule 15 to, the Environmental Protection Act 1990 (c. 43). There are other amendments to section 61 which are not relevant to this Order.

[^f00079]: 1978 c. 30.

[^f00080]: 2017 c. 20.

[^f00081]: Section 22 was substituted by S.I. 2013/1883 and amended by section 1(6) of, and paragraph 153 of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

[^f00082]: 1971 c. 80.

[^f00083]: 1990 c. 43. Section 78A was inserted by section 57 of the Environment Act 1995 (c. 25) and amended by section 86(2) of the Water Act 2003 (c. 37).

[^f00084]: S.I. 2017/1012.

[^f00085]: 1973 c. 26.

[^f00086]: Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and Part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

[^f00087]: Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016.

[^f00088]: Section 11B was inserted by section 187(3) of the Housing and Planning Act 2016.

[^f00089]: Section 12 was amended by section 56(2) of, and Part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

[^f00090]: Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15)

[^f00091]: Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 (c. 34) and S.I. 2009/1307.

[^f00092]: 1989 c. 29. The definition of “electrical plant” (in section 64) was amended by section 108 of, paragraphs 24 and 38(1) and (3) of Schedule 6 to, the Utilities Act 2000 (c. 27).

[^f00093]: 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000.

[^f00094]: 1991 c. 56.

[^f00095]: Section 102(4) was amended by section 96(1)(c) of the Water Act 2003 (c. 37) and by section 56 of, and paragraph 90 of Schedule 7 to, the Water Act 2014 (c. 21).

[^f00096]: Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003 and section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(1) and (2) of, and paragraphs 2 and 91 of Schedule 7 to, the Water Act 2014.

[^f00097]: 2003 c. 21.

[^f00098]: Section 106 was amended by section 4(3) to (9) of the Digital Economy Act 2017 (c. 30). See also Schedule 3A to the 2003 Act, which was inserted by section 4 of, and Schedule 1 to, the Digital Economy Act 2017.

[^f00099]: Section 7 was amended by section 5 of the Gas Act 1995 (c. 45), section 76 of the Utilities Act 2000 (c. 27) and regulation 18 of the Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704).

Editorial notes

[^key-65c47933e1b5847cd858e9569344f348]: Art. 1 in force at 30.9.2025, see art. 1

[^key-f7e898f7ced3b355e64dc2db6595e8c6]: Art. 2 in force at 30.9.2025, see art. 1

[^key-aa49bf24448b193a4998f0bfa4736992]: Art. 3 in force at 30.9.2025, see art. 1

[^key-4857337fe26fcdcc1ea64cfe15d5a06c]: Art. 4 in force at 30.9.2025, see art. 1

[^key-f9d01b4842d1e801bbcb0922373fc003]: Art. 5 in force at 30.9.2025, see art. 1

[^key-6aa739232b82c7552944a92bf4ea45fe]: Art. 6 in force at 30.9.2025, see art. 1

[^key-1d8e02c4b44f715edec708004605716a]: Art. 7 in force at 30.9.2025, see art. 1

[^key-7fef91ca533045b26f1efab7fd3bc744]: Art. 8 in force at 30.9.2025, see art. 1

[^key-eeec9e01d85c27feb938099d1b28be27]: Art. 9 in force at 30.9.2025, see art. 1

[^key-0aa0a3b3703bf9e3e9981f9a9e7f4455]: Art. 10 in force at 30.9.2025, see art. 1

[^key-23121e0e8fee346dc1482ed22b6cddbc]: Art. 11 in force at 30.9.2025, see art. 1

[^key-326a77c11ff778ec2a66f8b699088881]: Art. 12 in force at 30.9.2025, see art. 1

[^key-b47ac75bd2c6d55758c09d6e3625f0bc]: Art. 13 in force at 30.9.2025, see art. 1

[^key-4edd9d74438196ee5af85f042ea97604]: Art. 14 in force at 30.9.2025, see art. 1

[^key-2bf4d85b62fb921fd70220fab236a28f]: Art. 15 in force at 30.9.2025, see art. 1

[^key-51219ba93391181e8d537f72fde3f9f5]: Art. 16 in force at 30.9.2025, see art. 1

[^key-4770ad7a434cafaf44ee830faf119bb8]: Art. 17 in force at 30.9.2025, see art. 1

[^key-bc85f936ab969126f7f587cc9b5554b7]: Art. 18 in force at 30.9.2025, see art. 1

[^key-61404f59a1f9fe21fdec30ff30f59017]: Art. 19 in force at 30.9.2025, see art. 1

[^key-cd91b59bf224491291243a1680ead183]: Art. 20 in force at 30.9.2025, see art. 1

[^key-8a50457d0954b9e55f13f802fc21af24]: Art. 21 in force at 30.9.2025, see art. 1

[^key-e434471a9201efcc192cb112ff4275a8]: Art. 22 in force at 30.9.2025, see art. 1

[^key-7eee2c8dbe9f9478f0fb567c122911a2]: Art. 23 in force at 30.9.2025, see art. 1

[^key-73fa84663f19a21b134b9a0291bd9c9c]: Art. 24 in force at 30.9.2025, see art. 1

[^key-53fab49ee601952921d26ff7f154571e]: Art. 25 in force at 30.9.2025, see art. 1

[^key-cf6bc43c63589bb6b966d29b17e20ab1]: Art. 26 in force at 30.9.2025, see art. 1

[^key-579b991b0f49ab7b5b6ee060c757f2e5]: Art. 27 in force at 30.9.2025, see art. 1

[^key-ddb75dce414a047201e43cd592bfb1c7]: Art. 28 in force at 30.9.2025, see art. 1

[^key-72c2ce569cab3dc1f6f205735459bdf0]: Art. 29 in force at 30.9.2025, see art. 1

[^key-90f2af76f9c9af05b142a8cbb06000a3]: Art. 30 in force at 30.9.2025, see art. 1

[^key-08d73fa0cfb0623c4ed2e9508c722c45]: Art. 31 in force at 30.9.2025, see art. 1

[^key-7e64389cbca96aec94ab88b29dd3c838]: Art. 32 in force at 30.9.2025, see art. 1

[^key-f99c6e9728e9934fb4eb1b655be4fb4e]: Art. 33 in force at 30.9.2025, see art. 1

[^key-6d4843bc91fa85fadb2d813e19bfe6ff]: Art. 34 in force at 30.9.2025, see art. 1

[^key-b6436512b5411f9ed9925e03c6dc1126]: Art. 35 in force at 30.9.2025, see art. 1

[^key-31a92adf6842639d250a907746536aad]: Art. 36 in force at 30.9.2025, see art. 1

[^key-75da21a9798db5bb8f4180b724f556b8]: Art. 37 in force at 30.9.2025, see art. 1

[^key-b48f04c683e91e87cf6a365a444e8841]: Art. 38 in force at 30.9.2025, see art. 1

[^key-53f2ba7b3bd94553345a1be907cc9d5b]: Art. 39 in force at 30.9.2025, see art. 1

[^key-d7db37a225b9f41f5cb9dfef1bbeed75]: Art. 40 in force at 30.9.2025, see art. 1

[^key-219d53de742d0c898533415d825b8088]: Art. 41 in force at 30.9.2025, see art. 1

[^key-b1b55607d32fff332dc832f374481bf6]: Art. 42 in force at 30.9.2025, see art. 1

[^key-70e65e55f9cf7495a0ff6b22298f12b7]: Art. 43 in force at 30.9.2025, see art. 1

[^key-22a377c9a1df906ec4e5a3340f4b3b37]: Art. 44 in force at 30.9.2025, see art. 1

[^key-d9d51899e6b245348dd8c3fe34d81a8b]: Art. 45 in force at 30.9.2025, see art. 1

[^key-81939a4b514b66569ade9a7ce3522074]: Sch. 2 para. 1 in force at 30.9.2025, see art. 1

[^key-f64540b951ee4160b5d6797e69f37ee7]: Sch. 2 para. 2 in force at 30.9.2025, see art. 1

[^key-c69ee6e22054c1e04d25ad639495728b]: Sch. 2 para. 3 in force at 30.9.2025, see art. 1

[^key-682e81924a0e5eaa938c88ee6df25049]: Sch. 2 para. 4 in force at 30.9.2025, see art. 1

[^key-cb32eb18f4738a8fc165448d78562170]: Sch. 2 para. 5 in force at 30.9.2025, see art. 1

[^key-a19350048ea4985852e862b2a91c1fa7]: Sch. 2 para. 6 in force at 30.9.2025, see art. 1

[^key-aecc6d1a1765668d3c2a3b816ba04b32]: Sch. 2 para. 7 in force at 30.9.2025, see art. 1

[^key-33f27cf94674ed15db96c4f0c8ccbc9b]: Sch. 2 para. 8 in force at 30.9.2025, see art. 1

[^key-5507f1f6c8c4d652cab016dec4746607]: Sch. 2 para. 9 in force at 30.9.2025, see art. 1

[^key-5bff1211a1cdf85178ee60de8b911057]: Sch. 2 para. 10 in force at 30.9.2025, see art. 1

[^key-5ae120d3d69460b375cb68a04801a45f]: Sch. 2 para. 11 in force at 30.9.2025, see art. 1

[^key-a396dc39b5dab79d5ea35232da1b06f7]: Sch. 2 para. 12 in force at 30.9.2025, see art. 1

[^key-eb531705c898ea3fda572f094784e57c]: Sch. 2 para. 13 in force at 30.9.2025, see art. 1

[^key-e21b5bb306eacb391b06eb00e8358aca]: Sch. 2 para. 14 in force at 30.9.2025, see art. 1

[^key-7c903f67898500ce25923b622dc85ea8]: Sch. 2 para. 15 in force at 30.9.2025, see art. 1

[^key-067c98372bccfebb030d88a7da4d2646]: Sch. 2 para. 16 in force at 30.9.2025, see art. 1

[^key-2a14261bad1e76523bfcee4b658ee202]: Sch. 2 para. 17 in force at 30.9.2025, see art. 1

[^key-9b4676517411eee760351b5e18959fbc]: Sch. 2 para. 18 in force at 30.9.2025, see art. 1

[^key-1bfeaae32f6fb02163f45a7e88272d30]: Sch. 2 para. 19 in force at 30.9.2025, see art. 1

[^key-7f8c80f0f81e7dd7488cb637545d26bc]: Sch. 6 para. 1 in force at 30.9.2025, see art. 1

[^key-72823c5506320391470a9e1ae5849b50]: Sch. 6 para. 2 in force at 30.9.2025, see art. 1

[^key-b5f06740a123f0ed364c5733a80e188d]: Sch. 6 para. 3 in force at 30.9.2025, see art. 1

[^key-216dc771ad09e0dc620dee43371379ff]: Sch. 6 para. 4 in force at 30.9.2025, see art. 1

[^key-fd67d2d9ae72ba6d756f76a188b12cac]: Sch. 6 para. 5 in force at 30.9.2025, see art. 1

[^key-a39a8b77ef3bfddaec0b1f49a20a354d]: Sch. 9 para. 1 in force at 30.9.2025, see art. 1

[^key-6ab5c05d0d83013455df9c59686bc8c8]: Sch. 9 para. 2 in force at 30.9.2025, see art. 1

[^key-80b8e5b632ad33d3a92336625c7201a7]: Sch. 9 para. 3 in force at 30.9.2025, see art. 1

[^key-e82f6da752f81a005d2d9d39849b0702]: Sch. 9 para. 4 in force at 30.9.2025, see art. 1

[^key-c6c5451fa1b720b2b6c2cf521218ba9c]: Sch. 9 para. 5 in force at 30.9.2025, see art. 1

[^key-39eb04f0d6a91504fe8108bcac8aba0c]: Sch. 9 para. 6 in force at 30.9.2025, see art. 1

[^key-4fc68cf5e6a60ec97a166bcdef9f0a84]: Sch. 9 para. 7 in force at 30.9.2025, see art. 1

[^key-3fbcbaf7e5cb6146c947635dc516d133]: Sch. 9 para. 8 in force at 30.9.2025, see art. 1

[^key-0e9037e63810c59dc0e28cc4f3fad2ee]: Sch. 9 para. 9 in force at 30.9.2025, see art. 1

[^key-8fa3d2db0ac6d01b03c1407bf71ce6ef]: Sch. 9 para. 10 in force at 30.9.2025, see art. 1

[^key-6946a9334fe39058262573271da40f9a]: Sch. 9 para. 11 in force at 30.9.2025, see art. 1

[^key-019bbb1edd3a84a5370b1c0686d52be8]: Sch. 9 para. 12 in force at 30.9.2025, see art. 1

[^key-64be9ce3768bfabc623b0f8776cd22fc]: Sch. 9 para. 13 in force at 30.9.2025, see art. 1

[^key-110eb3aab3526d06ad04f4c4beb04d70]: Sch. 9 para. 14 in force at 30.9.2025, see art. 1

[^key-10774974b97c043115a35c6d93a3fb19]: Sch. 9 para. 15 in force at 30.9.2025, see art. 1

[^key-0a0894eeef0e4480249e3b8d79c2ccdc]: Sch. 9 para. 16 in force at 30.9.2025, see art. 1

[^key-0b7fe0995945bf1c822b7e98678c8235]: Sch. 9 para. 17 in force at 30.9.2025, see art. 1

[^key-80f58c4956a00afe625aa41821d0a372]: Sch. 9 para. 18 in force at 30.9.2025, see art. 1

[^key-5e50dd4ef37d12a4ce2fed735b254e03]: Sch. 9 para. 19 in force at 30.9.2025, see art. 1

[^key-d974730ccd9a5cec4e19dd203a26731a]: Sch. 9 para. 20 in force at 30.9.2025, see art. 1

[^key-095a504d631a894a66217a4b1e9a8cd6]: Sch. 9 para. 21 in force at 30.9.2025, see art. 1

[^key-ee080661877202006a8225378d3fe655]: Sch. 9 para. 22 in force at 30.9.2025, see art. 1

[^key-d932e39ae3887b621ded0f3c487bfbd3]: Sch. 9 para. 23 in force at 30.9.2025, see art. 1

[^key-a493877f73989a766af097e8451a96dc]: Sch. 9 para. 24 in force at 30.9.2025, see art. 1

[^key-a28a51ea7bf12f115d639028278454dd]: Sch. 9 para. 25 in force at 30.9.2025, see art. 1

[^key-da861d18d7593a6a521fa1b660bd9d4f]: Sch. 9 para. 26 in force at 30.9.2025, see art. 1

[^key-17d59b9e938870010a348935e43ef69a]: Sch. 9 para. 27 in force at 30.9.2025, see art. 1

[^key-3bf7c89cc5421e13e405f75205dd0b6d]: Sch. 9 para. 28 in force at 30.9.2025, see art. 1

[^key-3c5676d05bf9e0d2e0f5048240a826c9]: Sch. 9 para. 29 in force at 30.9.2025, see art. 1

[^key-38d48105e464577ba0ecf903f8dae586]: Sch. 9 para. 30 in force at 30.9.2025, see art. 1

[^key-8e675896f5d18e4d15332ca8dd3058e3]: Sch. 9 para. 31 in force at 30.9.2025, see art. 1

[^key-af5428e15c0a204be78905ff2f79e634]: Sch. 9 para. 32 in force at 30.9.2025, see art. 1

[^key-001b87e10da046887ba3d83405d7baec]: Sch. 9 para. 33 in force at 30.9.2025, see art. 1

[^key-52892557cff7238a1b9ca009c1d510f4]: Sch. 9 para. 34 in force at 30.9.2025, see art. 1

[^key-9db22f9f7af7ba1f587f04e57183cb91]: Sch. 9 para. 35 in force at 30.9.2025, see art. 1

[^key-301b730369ed5c0409a1f80060f816c2]: Sch. 9 para. 36 in force at 30.9.2025, see art. 1

[^key-c6612a4425647fe2962f7cb94e5e4d09]: Sch. 9 para. 37 in force at 30.9.2025, see art. 1

[^key-1c81c30945e233b5f4dfa1b2ef7842dd]: Sch. 9 para. 38 in force at 30.9.2025, see art. 1

[^key-55bbf1904c7566a0b5d180ab9cb3b580]: Sch. 9 para. 39 in force at 30.9.2025, see art. 1

[^key-747c257b9f3b86d58c97d810cfec1da4]: Sch. 9 para. 40 in force at 30.9.2025, see art. 1

[^key-d2c8ccf3c7f2053ec3cf4c64be11eb1d]: Sch. 9 para. 41 in force at 30.9.2025, see art. 1

[^key-dc41a5fcb8af9dba3007467e39f682ed]: Sch. 9 para. 42 in force at 30.9.2025, see art. 1

[^key-8a7844120610f82d44b2d457aebf1fee]: Sch. 9 para. 43 in force at 30.9.2025, see art. 1

[^key-1f17a75ea638a563705ba1d838d2af71]: Sch. 9 para. 44 in force at 30.9.2025, see art. 1

[^key-e90f453d64cf5d9bf10d8fe450e608a9]: Sch. 9 para. 45 in force at 30.9.2025, see art. 1

[^key-fc86dbb05f4cab232076262d9b44fe86]: Sch. 9 para. 46 in force at 30.9.2025, see art. 1

[^key-61acd663f9ff8cc021f650b36f0d36fa]: Sch. 9 para. 47 in force at 30.9.2025, see art. 1

[^key-284322d406ec0032298063338a9a5fa6]: Sch. 9 para. 48 in force at 30.9.2025, see art. 1

[^key-a4c224d724101a7e64ffbb2c8c180ee4]: Sch. 9 para. 49 in force at 30.9.2025, see art. 1

[^key-741fa394ae929b96daf5fa75508d7882]: Sch. 1 in force at 30.9.2025, see art. 1

[^key-da5a11b387eb7b5eee58ddc047f6657f]: Sch. 3 Pt. 1 in force at 30.9.2025, see art. 1

[^key-9a0ef1c9141c92efe9dd1e385ad32e28]: Sch. 3 Pt. 2 in force at 30.9.2025, see art. 1

[^key-fd60b649908fadbd0a8005c46117ed5d]: Sch. 3 Pt. 3 in force at 30.9.2025, see art. 1

[^key-680c0023fb72f42d38c33ef6ee7d539b]: Sch. 4 Pt. 1 in force at 30.9.2025, see art. 1

[^key-4b4a2a3490beb63e0f1b2c9f5ea8ff75]: Sch. 4 Pt. 2 in force at 30.9.2025, see art. 1

[^key-b7810dd3587c26f9dceabf4bc76fd265]: Sch. 5 in force at 30.9.2025, see art. 1

[^key-bf85a950975c35e0a213883325a0bf06]: Sch. 7 in force at 30.9.2025, see art. 1

[^key-45017dc5ecd1f15b02427c38be9b7e66]: Sch. 8 in force at 30.9.2025, see art. 1

[^key-ee5d0c0e2b28e1ba267e70d4b8291bab]: Sch. 10 in force at 30.9.2025, see art. 1

[^key-8267d8b392b49ba78e833c27c5e99053]: Words in Sch. 2 para. 12(1) substituted (16.12.2025) by The M60/M62/M66 Simister Island Interchange Development Consent (Correction) Order 2025 (S.I. 2025/1329), art. 1, Sch.

[^key-6f7f94dd3facedbfe7ea66a8836d03fc]: Word in Sch. 2 para. 12(1) substituted (16.12.2025) by The M60/M62/M66 Simister Island Interchange Development Consent (Correction) Order 2025 (S.I. 2025/1329), art. 1, Sch.

[^key-6f36beaa572e9004e3b16a681df38921]: Words in Sch. 2 para. 12(2) inserted (16.12.2025) by The M60/M62/M66 Simister Island Interchange Development Consent (Correction) Order 2025 (S.I. 2025/1329), art. 1, Sch.

[^key-43c73aca3bcc56c7a9ac24183c3105b9]: Words in Sch. 2 para. 12(3) substituted (16.12.2025) by The M60/M62/M66 Simister Island Interchange Development Consent (Correction) Order 2025 (S.I. 2025/1329), art. 1, Sch.

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