The A46 Newark Bypass Development Consent Order 2025

Made: 1st October 2025

Coming into force: 22nd October 2025

The Secretary of State, in exercise of the powers conferred by sections 114[^f00004], 115[^f00005], 117[^f00006], 120[^f00007], 122[^f00008] to 123[^f00009], 127[^f00010], 131[^f00011] to 132[^f00012], 138[^f00013] and 154 of, and paragraphs 1 to 3, 10 to 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

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This Order may be cited as the A46 Newark Bypass Development Consent Order 2025 and comes into force on 22nd October 2025.

Interpretation

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

• “the 1961 Act” means the Land Compensation Act 1961[^f00014];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00015];

• “the 1980 Act” means the highways Act 1980[^f00016];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00017];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00018];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00019];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00020];

• “the 2004 Act” means the Traffic Management Act 2004[^f00021];

• “the 2008 Act” means the Planning Act 2008[^f00022];

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

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

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) 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;

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

• “Cadent Gas” means Cadent Gas Limited (company number 10080864), whose registered address is Cadent, Pilot Way, Ansty, Coventry, England, CV7 9JU or a related or subsidiary company of Cadent Gas;

• “Canal & River Trust” means Canal & River Trust (company number 07807276), whose registered address is National Waterways Museum Ellesmere Port, South Pier Road, Ellesmere Port, Cheshire, England, CH65 4FW or a related or subsidiary company of the Canal & River Trust;

• “carriageway” has the same meaning as in section 329(1) of the 1980 Act;

• “classification of roads 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)(a) of the 1990 Act) forming part of the authorised development other than an operation consisting of pre-commencement works, and “commencement” is to be construed accordingly;

• “cycle track” has the same meaning as in section 329(1)[^f00023] of the 1980 Act , save that all cycle tracks in this Order provide for a right of way on foot;

• “Crown land plans” means the plans 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;

• “electronic transmission” means a communication transmitted—by means of an electronic communications network; orby 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[^f00024];

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

• “Environment Agency” means the body of that name created by the Environment Act 1995[^f00025] or any successor in function to it;

• “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” has the same meaning as in section 329(1) of the 1980 Act;

• “footway” has the same meaning as in section 329(1) of the 1980 Act;

• “highway” has the same meaning as in section 328(1) (meaning of “highway”) of the 1980 Act;

• “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 land plans for the purposes of this Order;

• “lead local flood authority” means Nottinghamshire County Council in its function as lead flood authority;

• “limits of deviation” means the limits of deviation referred to in article 10 (limits of deviation);

• “local highway authority” means Nottinghamshire County Council;

• “maintain”, in relation to any part of the authorised development, includes 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;

• “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;

• “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 and utilities 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[^f00026];

• “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 works” means—archaeological investigations and mitigation works;utilities works comprising utilities protection works or fencing and protection slabs or diversions;baseline monitoring and investigations for the purpose of assessing and monitoring ground and water conditions and levels;construction compound establishment including welfare facilities and temporary buildings;construction of the temporary bridge over the River Trent;site clearance;preparation work for flood compensation areas;laying down of haul roads and access works;environmental surveys, mitigation and monitoring;diversion of public rights of way;demolition;erection of temporary fencing;establishment of vehicle recovery areas;installation of temporary CCTV and speed enforcement cameras;vegetation planting;remedial work in respect of any contamination or other adverse ground conditions;receipt and erection of construction plant and equipment; andtemporary display of site notices, information and advertisements.

• “relevant planning authority” means in any given provision of this Order, the planning authority for the land to which the provision relates;

• “road” has the same meaning as in section 142(1)[^f00027] (general interpretation of act) of the 1984 Act;

• “special category 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 special category land 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[^f00028] (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 section 49[^f00029] (the street authority and other relevant authorities) 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 by the Secretary of State as the streets, rights of way and access plans for the purposes of this Order;

• “traffic authority” has the same meaning as in section 121A[^f00030] (traffic authorities) of the 1984 Act;

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

• “tree protection plans” means the document of that description listed in Schedule 10 (documents to be certified) and certified by the Secretary of State as the tree protection plans 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[^f00031] (general provision as to trunk roads) or section 19(1)[^f00032] (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;an order granting development consent; orany 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;

• “utilities works” means those works shown on the utilities works plans and described as utilities works in Schedule 1 (authorised development);

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

• “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 by the Secretary of State as the works plans 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.

• (3) 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.

• (4) 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.

• (5) 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.

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

• (7) 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.

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

• (9) References in this Order to the expression “includes” may be construed without limitation, unless so construing would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

• (10) References to any statutory body includes a body’s successor or replacement body that may from time to time be primarily responsible for the functions duties and responsibilities currently exercised by that statutory body over the authorised development.

Disapplication and modification of legislative provisions

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• (1) The provisions of the Neighbourhood Planning Act 2017[^f00033] insofar as they relate to temporary possession of land under articles 39 (temporary use of land for carrying out the authorised development) and 40 (temporary use of land for maintaining the authorised development) of this Order do not apply in relation to the construction of works 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 40(13), any maintenance of any part of the authorised development.

• (2) Regulation 6 of the Hedgerows Regulations 1997[^f00034] is modified so that it has effect as if after paragraph (1)(j) there were inserted—

(k) or for carrying out or the maintenance of development which has been authorised by an order granting development consent pursuant to the Planning Act 2008.

• (3) Section 32[^f00035] (variation of awards) of the Land Drainage Act 1991 does 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.

Maintenance of drainage works

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• (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(1)[^f00036] (interpretation) of the Land Drainage Act 1991.

PART 2 — PRINCIPAL POWERS

Development consent etc. granted by the Order

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• (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.

Maintenance of authorised development

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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

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

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

• (3) In this article, “the temporary works” means—

• (a) those works described for Work Nos. 10 to 11, 21, 25, 28, 47, 59, 65, 68, 85, 92, 106 and 126 to 128 in Schedule 1; or

• (b) temporary works carried out as part of “other associated development” in connection with the Work Nos. in Schedule 1.

Planning permission

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• (1) 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 authorised development,

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.

Existing powers and duties of the undertaker

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