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The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025

Type Statutory-Instrument

Publication 2025-12-15

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 15th December 2025

Laid before Parliament: 16th December 2025

Coming into force in accordance with article 1(2)

The Secretary of State for Housing, Communities and Local Government makes this Order in exercise of the powers conferred by sections 59(1), (2)(a) and (3)(b), 60(1), (1A) and (2A) and 333(7) of the Town and Country Planning Act 1990[^f00001].

Citation, commencement, extent, application and revocation

1

(1) This Order may be cited as the Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025.

(2) This Order comes into force on 12th January 2026, with the exception of paragraph (5), which comes into force on 17th December 2025.

(3) This Order extends to England and Wales.

(4) This Order applies to the land at and adjoining the former brickworks at Kempston Hardwick, Bedford, which is shown on the Map bounded externally by the outer edge of a bold red line, excluding the part of that land which is shown hatched red on the Map.

(5) The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development Order 2025[^f00002] is revoked.

Interpretation

2

(1) In this Order—

“the access and roadways plan” means reference document 5 (parameter plan – access and roadways);

“active travel route” means a route for people walking, wheeling or cycling;

“affiliate”, in relation to an undertaking, means an undertaking that— is one of its group undertakings, as defined in section 1161(5) of the Companies Act 2006[^f00003], or would be one of its group undertakings as so defined but for the fact that shares owned by an undertaking are registered in the name of— a nominee or other person acting on behalf of that undertaking, or another person by way of security over those shares, or is one of its associates, as defined in section 435 of the Insolvency Act 1986[^f00004];

“AGL” means above ground level, and in references to the height of a work refers to its height as measured from— the level of the surface of the ground adjoining it; if the level of the surface of the ground where it is situated or proposed to be situated is not uniform, the level of the highest part of the surface of the ground adjoining it;

“AOD” means above ordnance datum, and in references to the height of a work, means its height as measured from Ordnance Datum Newlyn[^f00005];

“archaeological work” means— surveys to identify items of archaeological interest in, on, under or over the Order land; investigation, excavation and preservation of items identified by such surveys, to the extent that such activities take place in, on, under or over the Order land; removal of such items from the Order land;

“attraction overlay” means any element of a work that— is not designed to be accessible to, or accessed by, visitors, except in so far as they are conveyed through or by it during the operation of a ride or other attraction, serves— a purpose that is wholly decorative, such as is served by towers, spires, monuments, flagpoles, domes, cupolas or other forms of ornamentation on buildings, or a functional purpose, such as is served by— cornices, eaves, gutters or skylights, plant and equipment such as cranes mounted on a building or structure, equipment required to operate or maintain a building or structure, such as fire or parapet walls, roof structures for housing lifts, stairways, tanks, ventilating fans, or solar panels, or tracks or other structural components integral to the entertainment purpose of an amusement ride, and does not provide accommodation or other habitable space for any person, except to accommodate or shelter construction workers as they carry out construction work;

“authorised development” means development[^f00006] for which planning permission is granted under article 4 (grant of planning permission);

“authorised work” means any work that results, or will result, from authorised development;

“body of surface water” has the meaning given in paragraph 1(2) of Schedule 1 to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017[^f00007];

“camp site” means an area equipped— to accommodate tents, caravans and mobile homes; with washing and other facilities for people staying in tents, caravans and mobile homes;

“charge point” has the meaning given in section 9(1)(a) of the Automated and Electric Vehicles Act 2018[^f00008];

“class” has the meaning given in paragraph (4);

“construction work” means, unless otherwise indicated, any of the following categories of activity, carried out in, on, under or over land, whether on a temporary or permanent, one-off or repeated basis— the carrying out of any of the activities listed in sub-paragraph (i) in relation to any of the things listed in sub-paragraph (ii)— erection, construction, delivery, installation, placing, laying down, provision, diversion, relocation, connection, disconnection, reconnection, protection, extension, expansion, inspection, maintenance, repair, reconstruction, refurbishment, replacement, reinstatement, improvement, adjustment, alteration, realignment, decommissioning, clearance, demolition or removal; the whole, or part of, a building, structure, services, plant, equipment, machinery, sewer, main, drain, pipe, conduit, cable, pump, lighting, fencing or other boundary treatment, apparatus or infrastructure or other work; excavation, including horizontal directional drilling, but excluding mining operations; soil and spoil storage and removal; preliminary work; remediation work; earthworks, including— mass grading and other activities carried out to raise, lower or otherwise alter the topography or shape the surface of the Order land; construction of bunds, embankments, retaining structures or other works to stabilise or make secure land, or buildings or structures in, on under or over land; laying down of construction access roads and tracks, ramps, means of access, footpaths, or crossings of watercourses or roads; provision of noise attenuation measures; provision of works in relation to water, including in relation to— water quality; water supply, including irrigation; watercourses and other bodies of surface water; foul water and surface water management, including drainage systems and other drainage infrastructure, attenuation, culverting and outfalls; preparation and storage of concrete and other materials for use in construction; provision of— cement, rock, limestone and brick crushing and grinding facilities; vehicle parking and staging areas; site security and access control measures, including turnstile structures, gates and other ancillary infrastructure; waste storage, recycling and refuse collection facilities;

“construction worker” means an individual carrying out or managing construction work in relation to authorised works;

“construction worker accommodation” means a building or structure on the Order land that is constructed or installed for construction workers to stay in on a temporary basis while they are spending time away from their usual residence to carry out authorised development;

“controlling document” means a submission document— which the Secretary of State has endorsed under article 6 (endorsement of submission documents), and which has effect, pursuant to a notice given under article 6(4), as described in article 6(5);

“the Core Zone” means the area shaded pink on the zonal plan;

“detailed design” means a document setting out proposals in relation to a particular work in relation to which it is proposed to carry out authorised development;

“drainage system” has the meaning given in paragraph 1 of Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010[^f00009];

“dwelling” means a building comprising— a house that provides the facilities required for day-to-day private domestic existence, or one or more flats, each of which provides such facilities;

“the East Gateway Zone” means the area shaded green on the zonal plan;

“the EIA Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017[^f00010];

“endorse” means to give endorsement in respect of a document, modification, or information;

“endorsement” means— in relation to a submission document, the Secretary of State’s— approval of that document, if it was submitted for approval, or validation of that document, if it was submitted for validation, under a Schedule 3 condition or endorsement condition; in relation to a modification of a controlling document, the Secretary of State’s— approval of that modification, where the submission document that became that controlling document was submitted for approval, or validation of that modification, where the submission document that became that controlling document was submitted for validation, under a Schedule 3 condition or endorsement condition; in relation to a modification of a reference document, the Secretary of State’s approval of that modification; in relation to any document or information required to be submitted for approval or validation by the Secretary of State, pursuant to— a controlling document or reference document, or an endorsement condition, the Secretary of State’s approval or validation of that document or information, as the case may be;

“endorsement condition” means a condition or limitation subject to which the Secretary of State gives an endorsement;

“entertainment resort complex” means a theme park and associated facilities and infrastructure that are designed, and constructed so as to provide, as a whole, an immersive entertainment and leisure experience and self-contained holiday destination;

“environmental pollution” has the meaning given in section 1(2) of the Pollution Prevention and Control Act 1999[^f00011];

“the Environmental Statement” means the documents specified in paragraphs 3.3 to 3.6 of reference document 18 (guide to the planning proposal), as they were submitted to the Secretary of State on 26th June 2025 and published by the Secretary of State on 3rd July 2025[^f00012], disregarding the effect of any subsequent modification of any such document under article 7 (modification of reference documents, controlling documents and endorsement conditions);

“the ERC” means the entertainment resort complex, comprising authorised works, that is developed, or proposed to be developed, in, on, under or over the ERC area;

“the ERC area” means that part of the Order land comprising— the land shaded pink on the ERC plan, and the land comprised in each ERC expansion area;

“ERC expansion area” means any of ERC expansion area A, ERC expansion area B, ERC expansion area C, and ERC expansion area D;

“ERC expansion area A” means the land shaded blue on the ERC plan;

“ERC expansion area B” means the land shaded orange on the ERC plan;

“ERC expansion area C” means the land shaded green on the ERC plan;

“ERC expansion area D” means the land shaded purple on the ERC plan;

“the ERC plan” means reference document 4 (parameter plan – entertainment resort complex land use plan);

“European site” has the meaning given in regulation 8 of the Habitats Regulations;

“existing” means, except as provided otherwise, in relation to the whole or part of any— work, or tree or other vegetation, in relation to which authorised development is carried out or is proposed to be carried out, that it exists on the Order land at the date on which the first material operation comprised in that authorised development begins;

“functionally associated” has the meaning given in article 4(4) (grant of planning permission);

“gas” has the meaning given in section 48(1) of the Gas Act 1986[^f00013];

“grade separated crossing” means a configuration of structures or other works where one transport route, such as a road or railway, crosses over another;

“Habitats Regulations” means the Conservation of Habitats and Species Regulations 2017[^f00014];

“hazardous” in relation to a substance, means that it has the potential to cause environmental pollution;

“height control” means a requirement that— a work of a description specified in the requirement must not exceed a height specified in the requirement, or construction work of a description specified in the requirement may only be carried out in relation to such a work if a condition so specified is fulfilled;

“highway authority” has meaning given in section 1 of the Highways Act 1980[^f00015];

“Kempston Hardwick station” means the railway station on the Marston Vale Line[^f00016] in the vicinity of Kempston Hardwick;

“the Lake Zone” means the area shaded yellow on the zonal plan;

“the Map” means reference document 1 (site location plan);

“mass grading” means the process of reshaping land to achieve a desired elevation and slope, for the purposes of ensuring a stable and level foundation for other construction work;

“modification” means, in relation to a controlling document, reference document or endorsement condition, an amendment, variation or replacement of that controlling document, reference document or endorsement condition;

“modify” means, in relation to a controlling document, reference document or endorsement condition, to amend, vary or replace that controlling document, reference document or endorsement condition;

“motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988[^f00017];

“new” means, in relation to any work in relation to which authorised development is carried out or is proposed to be carried out, that it does not exist on the Order land as the result of development at the date on which the first material operation comprised in that authorised development begins;

“occupy” means, in relation to any authorised work, to use it, as a visitor, for the purpose for which it is erected, installed or otherwise provided, and “occupation” is to be construed accordingly;

“the Order land” means the land to which this Order applies, as described in article 1(4) (citation, commencement, extent, application and revocation);

“OS plan” means a plan based on the latest Ordnance Survey map of the Order land, drawn to an identified scale and showing the direction of North;

“preliminary work” means— environmental surveys and monitoring, ecological habitat creation, and measures for species relocation; surveys of existing infrastructure; investigations for the purpose of— assessing or monitoring ground conditions and levels, or identifying the presence, or determining the likely location or nature, of any environmental pollution, or any substance in, on, under or over land, whose presence may give rise to a relevant contamination risk, including by carrying out geotechnical, soil, or other surveys, trenching, or drilling of boreholes; archaeological work; vegetation clearance; erection, provision or installation of— compounds, hoardings, screening, gates and other means of enclosure, including for the purposes of providing security or storage for materials, plant or equipment; lighting and other plant or equipment; structures for displaying signs, notices or information; other facilities or infrastructure, including access routes, for the use of construction workers, vehicles, plant and equipment, in so far as those structures, facilities or infrastructure relate to, those construction workers are carrying out, and those materials, vehicles, plant and equipment are used for, works within paragraphs (a) to (e);

“public road” means— an existing road— in respect of which a strategic highways company is the highway authority; which is adopted by a highway authority other than a strategic highways company; which does not fall within sub-paragraph (i) or (ii), but over which the public has a right to pass and repass at any time (unless, and to the extent that, its closure is authorised by an enactment), including any active travel route or proposed active travel route associated with such an existing road, or a roadway link whose approximate location is marked on the access and roadways plan, and— in respect of which a strategic highways company is or will be the highway authority; which is adopted by a highway authority other than a strategic highways company, or which such a highway authority has agreed to adopt; which does not, or may not, fall within sub-paragraph (i) or (ii), but over which, if it does not, the site controller proposes that the public will have a right to pass and repass at any time (unless, and to the extent that, its closure is authorised by an enactment), including any active travel route or proposed active travel route associated with such a roadway link;

“railway” has the meaning given in section 67(1) of the Transport and Works Act 1992[^f00018];

“reference document” means a document that— was submitted to the Secretary of State before the making of this Order, and is listed in Schedule 1 (reference documents);

“relevant contamination risk” means a risk that arises in respect of the carrying out of construction work on part of the Order land, where the carrying out of that construction work will cause significant harm or significant pollution, or a significant possibility of significant harm or significant pollution;

“remediation work” means anything required to be done to remediate or decontaminate land, including the removal of hazardous substances from it;

“Schedule 3 condition” means a condition or limitation set out in Schedule 3 (conditions and limitations);

“significant harm” means harm, as defined in section 78A(4) of the Environmental Protection Act 1990[^f00019], that is significant, within the meaning of 78A(5) of that Act;

“significant pollution” means pollution of controlled waters, as defined in section 78A(9) of the Environmental Protection Act 1990, that is significant, within the meaning of 78A(5) of that Act;

“significant possibility”, in relation to significant harm or significant pollution, has the meaning given in 78A(5) of the Environmental Protection Act 1990;

“site controller” means the undertaking designated as such from time to time under condition 3 (designation of site controller and appointment of principal representative);

“staff member” means— an officer or employee of the site controller or any of its affiliates, or another individual— operating or managing the ERC, or otherwise providing services to visitors in the ERC with the consent of the site controller;

“strategic highways company” means a company for the time being appointed as such under section 1 of the Infrastructure Act 2015[^f00020];

“submission document” means a document or information that a Schedule 3 condition or an endorsement condition requires the site controller to “submit” to the Secretary of State for approval or validation, but does not include any document that a provision of this Order requires the site controller to “give” or “provide” to the Secretary of State, or to attach or include with such a document when giving or providing it to the Secretary of State;

“transport hub” means a work constructed to facilitate— the movement of people between one mode of transport and another; their waiting for transport services;

“undertaking” has the meaning given by section 1161(1) of the Companies Act 2006[^f00021];

“utility compound” has the meaning given in condition 42(1) (class 4 authorised works);

“validation” means, in relation to a submission document, the Secretary of State’s— review of it to ascertain whether it has been prepared in accordance with each Schedule 3 condition and endorsement condition that applies to it, and confirmation that it has been so prepared;

“visitor” means a person who lawfully visits an authorised work otherwise than as a worker;

“watercourse” has the meaning given by section 72(1) of the Land Drainage Act 1991[^f00022];

“the West Gateway Zone” means the area shaded blue on the zonal plan;

“Wixams station” means the railway station constructed, or proposed to be constructed, on the Midland Main Line[^f00023] in the vicinity of Wixams;

“work” means— subject to paragraph (b), any building, structure, facility, infrastructure (including a road), space or other thing that results from development in, on, under or over land; paragraph (a) does not apply in the defined terms “archaeological work”, “construction work”, “preliminary work”, “remediation work” or, in Schedule 3, “CEMP work” or “site preparatory work”, but does apply where the word “work” is used in the definitions of those defined terms otherwise than in any of those phrases;

“worker” means any— construction worker, staff member, or other individual who is present on the Order land— to supply goods or services in connection with authorised development or the operation of authorised works, including conveying, or assisting in the conveyance of, visitors to and from the ERC, or in connection with the performance of a function conferred by or under an enactment;

“the zonal plan” means reference document 3 (zonal plan).

(2) Unless otherwise specified, a reference in this Order to a document that is a reference document or controlling document is, at any given time, a reference to that document, as modified by any modification of it which, at that time—

(a) the Secretary of State has endorsed under article 7 (modification of reference documents, controlling documents and endorsement conditions), and

(b) has taken effect, pursuant to a notice given under article 7(8),

to the extent that that modification has not ceased to have effect as a result of another, subsequent such modification that has been endorsed and taken effect pursuant to such a notice at that time.

(3) A reference in this Order to a reference document designated by a number is a reference to the document listed in the second column of the row of the table in Schedule 1 (reference documents) where that number appears in the first column.

(4) A reference in this Order—

(a) to—

(i) a “class” of authorised development designated by a number, or combination of numbers and letters, or

(ii) authorised development that is “in” or “of” a class so designated,

is a reference to authorised development of the kind referred to in the paragraph of Schedule 2 (classes of development permitted) that is designated by the same number, or combination of numbers and letters;

(b) to—

(i) a “class” of authorised works designated by a number, or combination of numbers and letters, or

(ii) authorised works that are “in” or “of” a class so designated,

is a reference to authorised works that result, or will result, from authorised development of the class that is designated by the same number, or combination of numbers and letters.

(5) A reference in this Order to a “condition” designated by a number is a reference to the paragraph of Schedule 3 (conditions and limitations) that is designated by the same number.

(6) A reference in this Order to the height of a work refers to its height measured from the baseline specified in the provision where the reference appears (AGL, AOD, or as otherwise specified in that provision, as the case may be) to its highest point.

(7) Where a provision in this Order refers—

(a) to a part of the Order land as being located, or

(b) to activities or authorised works being carried out or located,

within, or more than, a specified distance from a specified boundary or other line marked on a plan, from a work, or from a part of a work, the reference is to that part of the Order land that is located as specified within, or beyond, as the case may be, a line, each point on which is at the specified distance from that specified boundary or line, or the edge or other specified part of that work, when measuring perpendicular to that boundary, line, edge or part in the specified direction, and in this paragraph, “specified” means specified in a provision to which this paragraph applies.

(8) A reference in this Order to any details, information, notice, statement, report, confirmation, verification, opinion, consent, scheme, programme or other document to be given, submitted or provided by one person to another, or to any person notifying another person about something, in or under this Order is to such details, information, notice, statement, report, confirmation, verification, opinion, consent, scheme, programme or other document or notification being given, submitted or provided in writing.

Other planning permissions

3

(1) The Town and Country Planning (General Permitted Development) (England) Order 2015[^f00024] (the “GPD Order”) applies to the Order land in respect of development that—

(a) is begun before the date on which this Order is made,

(b) is carried out in respect of a work that is not functionally associated with an authorised work in class 1 or class 2, or

(c) is carried out pursuant to the giving of prior approval in respect of the application for prior approval made on behalf of SC Collection Limited to Bedford Borough Council under the GPD Order on 18th June 2025 (with reference number 25/01212/PNWM)[^f00025].

(2) The Town and Country Planning (Development Management Procedure) (England) Order 2015[^f00026] (the “DMP Order”) applies to the Order land except in respect of authorised development.

(3) If, after the date notified to the Secretary of State under condition 11(3) (time when development must be begun), conflicting development is carried out in, on, under or over any part of the safeguarding area, authorised development may continue to be carried out after that date in, on, under or over any part of the Order land outside the safeguarding area.

(4) For the purposes of paragraph (3)—

“conflicting development” means any development— which is not authorised development, and the carrying out of which— is authorised by or under any enactment, and is or would be physically inconsistent with authorised development;

“safeguarding area” means— that part of the Order land that is subject to the safeguarding directions that came into force on 19th November 2025[^f00027], or if, after the date on which this Order is made— the safeguarding directions referred to in paragraph (a) are varied or replaced by other safeguarding directions, so that the part of the Order land subject to safeguarding directions is reduced or increased in extent in comparison with, or otherwise differs from, the part referred to in paragraph (a), or planning permission or development consent is granted, for the project in respect of which the safeguarding directions were given, that authorises development on a part of the Order land that is reduced or increased in extent in comparison with, or otherwise differs from, the part referred to in paragraph (a), that reduced, increased or different part of the Order land, provided that it has been identified on an OS plan, and that OS plan has been submitted to the Secretary of State for approval and endorsed by the Secretary of State, after the Secretary of State has determined that the decision to endorse that plan meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions);

“safeguarding directions” means directions given under articles 18(4), 31(1) and 34(8) of the DMP Order by the Secretary of State for Transport that relate to development affecting the route and associated works for the East West Railway project.

Grant of planning permission

4

(1) Subject to the provisions of this Order, planning permission is granted for the classes of development described in Schedule 2 (classes of development permitted).

(2) Subject to paragraph (3), the permission granted by paragraph (1) includes—

(a) the carrying out of building operations, engineering operations, or other operations[^f00028], other than mining operations, in, on, under or over the Order land in relation to any work of a kind referred to in Schedule 2;

(b) the making of any material change in the use of any buildings or other land for the purposes of any such work, including changes—

(i) from use for the purposes of another such work, including a different kind of work referred to in a different paragraph or sub-paragraph, or the same paragraph or sub-paragraph, of Schedule 2;

(ii) from other uses;

(c) the first and any subsequent occasion on which any such operations are carried out, or any such material change in use takes place, in relation to any such work or any part of the Order land.

(3) Where a work (“work A”) belongs to a category described in a row in the first column of the Table below (a “relevant category”), planning permission is not granted for—

(a) building, engineering or other operations as described in paragraph (2)(a) in relation to work A, or

(b) a material change in the use of land or of a building as described in paragraph (2)(b) for the purposes of work A,

unless work A is or will be functionally associated with another work (“work B”) which belongs to a category which is referred to in the second column of the Table below (an “associated category”), and that associated category appears in the same row of the Table as the relevant category to which work A belongs.

Relevant category	Associated category
Works of a kind referred to in paragraph 1(d) of Schedule 2	Works of a kind referred to in paragraph 1(a), (b) or (c) of Schedule 2
Works of a kind referred to paragraph 2, 3 or 6 of Schedule 2	Works of a kind referred to in paragraph 1(a), (b), (c) or (d) of Schedule 2
Works of a kind referred to in paragraph 4, 5, 7, 8, or 9 of Schedule 2	Works of a kind referred to in paragraph 1, 2, 3, or 6 of Schedule 2

(4) For the purposes of this Order, work A is “functionally associated” with work B if work A exists, or construction work has been or is proposed to be carried out in relation to it, wholly or mainly for the purposes of supporting, facilitating, enhancing, or mitigating the impacts of, the construction or operation of work B, including by—

(a) facilitating travel to work B by any workers or visitors;

(b) providing utility or other services to—

(i) work B;

(ii) workers engaged in construction work or other activity for the purposes of work B while they are on the Order land;

(iii) visitors occupying work B while they are on the Order land;

(c) providing ecological mitigation in respect of the construction or operation of work B or the effects of its construction or operation, including through the provision of habitats;

(d) where work B is of a kind referred to in paragraph 1 or 2 of Schedule 2, providing goods that workers or visitors within sub-paragraph (b)(ii) or (iii) of this paragraph are likely to require or wish to be provided with while they are on the Order land.

Conditions and limitations

5

(1) No authorised development may be carried out except in accordance with the Schedule 3 conditions, endorsement conditions and controlling documents that relate to it.

(2) No authorised work may operate, except in accordance with the Schedule 3 conditions, endorsement conditions and controlling documents that relate to it.

Endorsement of submission documents

6

(1) This article applies where a Schedule 3 condition or an endorsement condition requires the site controller to submit a document to the Secretary of State for approval or validation.

(2) Where this article applies, the site controller must give the Secretary of State a notice, stating the Schedule 3 condition or endorsement condition under which it is required to seek such endorsement, and attaching a copy of the submission document.

(3) The Secretary of State must not endorse a submission document unless—

(a) the site controller has provided to the Secretary of State such information or documents as the Secretary of State has requested, by notice to the site controller, to enable the Secretary of State to decide whether or not to endorse the submission document, and

(b) the Secretary of State is satisfied that endorsing the submission document will not result in any authorised work or authorised development failing to comply with article 5 (conditions and limitations).

(4) Where the Secretary of State decides to endorse a submission document, the Secretary of State must give the site controller a notice setting out that decision, specifying—

(a) the submission document to which the endorsement relates,

(b) any conditions or limitations subject to which the endorsement is given, and

(5) A submission document in respect of which the Secretary of State gives a notice under paragraph (4) has effect for the purposes of this Order in relation to the authorised work or authorised development to which it relates—

(a) subject to any endorsement conditions specified in the notice, and

(b) at any given time, as modified by any subsequent modification of that document, or of any endorsement condition set out in the notice, which, at that time—

(i) the Secretary of State has endorsed and has taken effect, pursuant to a notice given under article 7(8) (modification of reference documents, controlling documents and endorsement conditions), and

(ii) has not ceased to have effect as a result of the endorsement of another, subsequent such modification pursuant to such a notice.

Modification of reference documents, controlling documents and endorsement conditions

7

(1) This article applies where the site controller wishes to modify—

(a) a reference document, other than the Map,

(b) a controlling document, or

(2) No document that modifies or purports to modify a reference document, a controlling document or an endorsement condition has effect for the purposes of this Order unless—

(a) the site controller gives a notice to the Secretary of State setting out the proposed modification, and

(b) the Secretary of State endorses the modification,

in accordance with the provisions of this article.

(3) No modification or purported modification of the Map has effect in any circumstances.

(4) A notice given under paragraph (2)(a)—

(a) must have attached to it a copy of—

(i) a document setting out the modification;

(ii) in the case of a proposed modification of a reference document or controlling document, a copy of the reference document or controlling document that it would modify, as it has effect on the date when the notice is given;

(iii) in the case of a proposed modification of an endorsement condition—

(aa) a copy of the notice under article 6(4) (endorsement of submission documents) or paragraph (8) in which the condition was specified, and of any subsequent such notice endorsing a modification to the condition that has effect on the date when the notice under paragraph (2)(a) is given;

(bb) the reference document or controlling document to which it relates;

(b) may comply with both paragraphs (i) and (ii) of sub-paragraph (a) by having attached to it a single document which—

(i) where it is proposed to amend or vary a reference document or controlling document, is a copy of the document proposed to be amended or varied showing the amendments or variations;

(ii) where it is proposed to replace a reference document or controlling document, is the replacement document.

(5) The Secretary of State must not endorse a modification unless—

(a) the site controller has provided to the Secretary of State such information or documents as the Secretary of State has requested, by notice to the site controller, to enable the Secretary of State to decide whether or not to endorse the modification, and

(b) the Secretary of State is satisfied that endorsing the modification will not result in any authorised work or authorised development failing to comply with article 5 (conditions and limitations).

(6) The Secretary of State must not decide to endorse a modification of a reference document unless the Secretary of State is satisfied that that decision meets the condition specified in paragraph (7).

(7) The condition is that the decision will not result in—

(a) a change in respect of any authorised work or authorised development, or its effects, that is material in the context of authorised works and authorised development as a whole, or

(b) the carrying out of development that will—

(i) adversely affect the integrity of any European site within the meaning of the Habitats Regulations, or

(ii) have a likely significant effect on the environment, within the meaning of the EIA Regulations, that is adverse, and materially new or different from any such effect identified in the Environmental Statement.

(8) Where the Secretary of State decides to endorse a modification, the Secretary of State must give the site controller a notice setting out that decision, specifying—

(a) the modification to which the endorsement relates, including its effect on any previously endorsed modification of the reference document, controlling document or endorsement condition that it modifies,

(b) any conditions or limitations subject to which the endorsement is given, and

(9) A modification in respect of which the Secretary of State gives a notice under paragraph (8) has effect for the purposes of this Order in relation to the authorised work or authorised development to which the reference document, controlling document or endorsement condition modified by that modification relates—

(a) subject to any conditions specified in the notice, and

(b) at any given time, as modified by any subsequent modification of that document or endorsement condition set out in the notice, which, at that time—

(i) the Secretary of State has endorsed and has taken effect, pursuant to a notice given under paragraph (8), and

(ii) has not ceased to have effect as a result of the endorsement of another, subsequent such modification pursuant to such a notice.

Publication of documents

8

(1) Subject to paragraph (3), the Secretary of State must make arrangements for a copy of—

(a) the Environmental Statement,

(b) each reference document not comprised in the Environmental Statement,

(d) each notice given by the Secretary of State under article 6(4) (endorsement of submission document) or article 7(8) (modification of reference documents, controlling documents and endorsement conditions),

(each such document being a “publication document”) to be available to the public on or from a website maintained by or on behalf of the Secretary of State[^f00029], and available for inspection, by appointment, at the Ministry of Housing, Communities and Local Government[^f00030].

(2) Paragraph (3) applies to information contained in a publication document where the Secretary of State is satisfied that that information relates to—

(a) national security;

(b) measures taken or to be taken to ensure the security of any premises or property, whose efficacy may be impaired by the disclosure of that information.

(3) Where this paragraph applies—

(a) the Secretary of State may redact the information to which it applies from any copy of a publication document that is made available under paragraph (1);

(b) if the Secretary of State considers that it is appropriate, having regard to a matter specified in paragraph (2)(a) or (b), to redact the entire contents of a publication document under sub-paragraph (a), the Secretary of State may make available under paragraph (1) a statement to that effect, identifying the document by its title, instead of making available a copy of the document with the contents entirely redacted.

SCHEDULE 1 — Reference documents

Reference number in this Order	Document title, report reference (“Ref.”), revision number (“Rev.”) and date, as given on its front cover	Where referred to in this Order
1.	Site Location Plan Ref. 1.6.0, Rev. 00, June 2025	Articles 1, 2, 7
2.	Primary Access Plan Ref. 1.7.0, Rev. 00, June 2025	Condition 35
3.	Zonal Plan Ref. 1.8.0, Rev. 00, June 2025	Article 2 Conditions 1, 2, 24
4.	Parameter Plan – Entertainment Resort Complex Land Use Plan Ref. 1.10.0, Rev. 00, June 2025	Article 2 Condition 46
5.	Parameter Plan – Access and Roadways Ref. 1.11.0, Rev. 00, June 2025	Article 2 Conditions 1, 10, 28, 72, 77 Schedule 4
6.	Parameter Plan – Active Travel Plan Ref. 1.12.0, Rev. 00, June 2025	Condition 25
7.	Parameter Plan – Core Zone Transport Hub Plan Ref. 1.13.0, Rev. 00, June 2025	Condition 37
8.	Parameter Plan – Utility Compound Plan Ref. 1.14.0, Rev. 00, June 2025	Condition 42
Reference number in this Order	Document title, report reference (“Ref.”), revision number (“Rev.”) and date, as given on its front cover	Where referred to in this Order
---	---	---
9.	Appendix 2.3 – Outline Construction Environmental Management Plan Ref. 4.2.3.0, Rev. 00, June 2025	Condition 12
10.	Appendix 5.6 Travel Plan Ref. 4.5.6.0, Rev. 00, June 2025	Condition 79
11.	Appendix 6.4 – Outline Habitat Creation and Enhancement Plan Ref. 4.6.4.0, Rev. 00, June 2025 Appendix 6.4 – Figure 1: Indicative Habitat Creation and Enhancement Plan Ref. 4.6.4.1.0, Rev. 00, June 2025	Conditions 1, 7, 8
12.	Appendix 6.5 – Outline Landscape and Ecology Management Plan Ref. 4.6.5.0, Rev. 00, June 2025	Condition 9
13.	Appendix 11.4 – Outline Land Remediation Strategy Ref. 4.11.4.0, Rev. 00, June 2025	Condition 14
14.	Appendix 12.1 – Flood Risk Assessment Part 1/6[^f00031] Ref. 4.12.1.0, Rev. 00, June 2025	Condition 57
15.	Appendix 12.2 – Water Strategy Ref. 4.12.2.0, Rev. 00, June 2025	Condition 59
16.	Appendix 12.3 – Drainage Strategy Ref. 4.12.3.0, Rev. 00, June 2025	Conditions, 1, 56, 60, 63, 64, 65, 68
17.	Appendix 14.1 Carbon Management Plan Ref. 4.14.1.0, Rev. 00, June 2025	Condition 55
Reference number in this Order	Document title, report reference (“Ref.”), revision number (“Rev.”) and date, as given on its front cover	Where referred to in this Order
---	---	---
18.	Guide to the Planning Proposal Ref. 1.4.0, Rev. 00, June 2025	Article 2
19.	Design Standards Ref. 6.3.0, Rev. 00, June 2025	Conditions 1, 30, 31, 32, 33, 34
20.	Security and Emergency Management Plan Ref. 6.4.0, Rev. 00, June 2025	Condition 70
21.	Arboricultural Impact Assessment Report Ref. 6.11.0, Rev. 00, June 2025	Condition 12
22.	Environmental Controls Document[^f00032] Ref. 6.16.0, Rev. 00, June 2025	Conditions 1, 15, 45, 85, 90

SCHEDULE 2 — Classes of development permitted

Visitor entertainment and hospitality facilities

1

Development comprised in or relating to any of the following kinds of work—

(a) a theme park, amusement park or water park, including outdoor—

(i) rollercoasters, water coasters, slides, flumes, lazy rivers, rides, attractions, games and pools;

(ii) venues and spaces for events, parades, shows and displays;

(b) other recreation and leisure facilities, including—

(i) indoor and outdoor sport, recreation, leisure and spa facilities;

(ii) theatres and cinemas;

(iii) indoor spaces, other than theatres and cinemas, for events, shows and displays;

(iv) indoor rides, games and attractions;

(v) music and dance venues, including nightclubs;

(vi) cultural facilities, such as art galleries, museums and other exhibition spaces;

(vii) spiritual and wellbeing facilities, such as prayer rooms;

(d) retail and hospitality facilities, including—

(i) hotels, camp sites, and other forms of accommodation to be used by people who are—

(aa) visiting other authorised works, or

(bb) otherwise spending time away from their usual residence,

in the course of an employment or business, or for leisure purposes;

(ii) restaurants, cafes and hot food takeaways (not located at Wixams station);

(iii) public houses, bars and other drinking establishments;

(iv) retail facilities offering goods or services, including—

(aa) shops (not located at Wixams station);

(bb) vehicle showrooms;

(cc) vehicle hire facilities;

(dd) tattoo parlours.

Support for provision and operation of visitor entertainment and hospitality facilities

2

Development comprised in or relating to any of the following kinds of work—

(a) offices and other spaces for carrying out activities undertaken in connection with authorised development or the operation of authorised works, including—

(i) activities connected with the design and construction of authorised works, including the organisation of construction work;

(ii) administrative and service activities, including the provision of services and information to visitors and potential visitors via call centres;

(b) warehousing, storage and logistics facilities, including—

(i) refrigerated storage areas;

(ii) logistics delivery facilities, including loading docks and bays;

(iii) parade float storage areas;

(iv) facilities for storing hazardous substances, including—

(aa) fuel and other chemicals;

(bb) fireworks and pyrotechnic articles, as defined in regulation 2(1) and regulation 3 of the Pyrotechnic Articles (Safety) Regulations 2015[^f00033];

(i) media and film production facilities;

(ii) food preparation and catering facilities;

(iii) laundry facilities;

(d) laboratories, workshops and maintenance facilities, including—

(i) research and development facilities;

(ii) estate management facilities;

(iii) horticultural nursery facilities;

(e) facilities and infrastructure to support the provision of emergency and security services;

(f) changing facilities for workers;

(g) entertainment rehearsal facilities;

(h) training, education, retail and financial services facilities for staff members;

(i) welfare and other facilities for workers;

(j) training and education outreach facilities;

(k) facilities for accommodating cats and dogs, as a service for visitors or staff members, or for security purposes;

(l) server centres and data storage facilities;

(m) mail facilities;

(n) service yards, including waste collection, sorting and storage facilities;

(o) medical facilities;

(p) construction worker accommodation.

3

Development comprised in or relating to any of the following kinds of work—

(a) at Wixams station—

(i) station buildings;

(ii) four railway platforms;

(iii) track, gantries and other infrastructure and apparatus associated with the operation of a railway, including electric multiple unit power infrastructure and signalling apparatus;

(iv) retail and dining facilities, including shops, restaurants, cafes and hot food takeaways;

(v) offices;

(vi) maintenance facilities;

(vii) worker welfare facilities;

(viii) signs and information boards;

(b) bridges or crossings that allow authorised works in class 5(a) or (b) or class 6(a), (b), (c) or (d) to pass over a railway, including authorised works in class 5(d) or (e) or class 6 (g), (h), (i) or (j) where they are provided on or adjacent to authorised works in class 5(a) or (b) or class 6(a), (b), (c) or (d) as they pass over a railway;

(d) transport hubs facilitating interchange between rail and other modes of transport;

(e) other buildings or structures, or apparatus, used to provide railway services as defined in section 82 of the Railways Act 1993[^f00034], other than light maintenance services as defined in subsection (2) of that section.

Utilities and services

4

Development comprised in or relating to any of the following kinds of work—

(a) the following types of infrastructure for producing and conveying electricity—

(i) solar panels, with inverters and other associated infrastructure and apparatus;

(ii) generating units fuelled by diesel or gas;

(iii) battery energy storage systems;

(iv) substations and other electric lines and plant comprised in—

(aa) a transmission system, or

(bb) a distribution system,

each as defined in section 4(4) of the Electricity Act 1989[^f00035];

(b) pipe-line systems, as defined in section 5(10) of the Gas Act 1986[^f00036];

(i) air source and ground source heat pumps;

(ii) electric and gas boilers;

(iii) thermal storage units and electric chillers;

(iv) heat networks, as defined in section 216(2) of the Energy Act 2023[^f00037];

(d) potable and non-potable water infrastructure and surface and foul waste water infrastructure, including—

(i) pipes, mains, drains, sewers, outfalls and culverts;

(ii) drainage and attenuation infrastructure, including swales, channels, lakes, lagoons, ponds, tanks and other storage facilities, and watercourses;

(iii) pumping stations and treatment or processing facilities;

(e) facilities, infrastructure, equipment and apparatus to enable communications with and within the ERC and other authorised works, including between staff members, including telecommunications and other infrastructure;

(f) other buildings or structures associated with the provision of utility services, including those that—

(i) accommodate, above or below ground, metering and other plant, equipment, machinery, apparatus or infrastructure associated with the operation of such services, or

(ii) support the provision, operation or maintenance of such services and infrastructure, including service yards, maintenance facilities, welfare facilities, water storage, and waste storage, sorting and collection facilities.

Walking, wheeling and cycling routes

5

Development to support walking, wheeling and cycling around the Order land, including development comprised in or relating to any of the following kinds of work—

(a) footpaths, footways and walkways, including covered or moving walkways;

(b) cycleways;

(d) stairs, ramps and lifts associated with authorised works in class 5(a), (b) or (c);

(e) traffic signals and control devices;

(f) parking facilities for bicycles.

Roads and associated infrastructure

6

Development relating to roads, including development comprised in or relating to any of the following kinds of work—

(a) public roads, including dual carriageways;

(b) footpaths, footways and walkways to support walking and wheeling;

(d) internal and service roads;

(e) junctions and roundabouts;

(f) bridges and underpasses that allow authorised works in class 5(a) or (b) or class 6(a), (b), (c) or (d) to pass over a road or watercourse, including authorised works in class 5(d) or (e) or class 6 (g), (h), (i) or (j) where they are provided on or adjacent to authorised works in class 5(a) or (b) or class 6(a), (b), (c) or (d) as they pass over a road or watercourse;

(g) signage and structures associated with it, including gantries;

(h) traffic signals;

(i) traffic control devices;

(j) pavements and kerbs;

(k) transport hubs.

7

Development relating to facilities for parking and providing services in relation to vehicles, including development comprised in or relating to any of the following kinds of work—

(a) covered and uncovered parking areas, including multi-storey vehicle parks and parking areas covered by solar panels;

(b) charge points and other infrastructure functionally associated with authorised works in class 7(a);

(d) service stations providing—

(i) facilities for refuelling vehicles;

(ii) charge points with a power of 50 kilowatts or above,

with associated fuel storage infrastructure and class 4(a)(iv) authorised works;

(e) facilities for—

(i) valet parking and valeting of vehicles;

(ii) servicing and maintaining vehicles,

whether for vehicles solely or mainly used to service authorised works in class 1 or class 2, including by providing regular transport services to those travelling to them from departure points within or outside the Order land, or for other vehicles used by visitors or workers to travel to the Order land, including private cars and vehicles carrying passengers for hire or reward.

Security and reception

8

Development comprised in or relating to works designed to support the safe, secure and efficient operation of the ERC, by—

(a) ensuring the safety and security of visitors, workers, premises or other property, including by means of—

(i) gates, fences, walls and other means of enclosure;

(ii) closed circuit television;

(iii) lighting;

(iv) automatic number plate recognition systems;

(v) vehicle restraint systems and hostile vehicle mitigation measures;

(vi) controlled access barriers;

(vii) buildings or structures to accommodate workers carrying out security functions;

(b) facilitating the secure and orderly entry of visitors and workers to the Order land or any part of it, or any work, including by means of—

(i) kiosks, ticketing points, ticket machines and ticket or security barriers;

(ii) turnstile structures;

(iii) seating, booths, stalls, canopies and other ancillary infrastructure.

Landscaping and environmental measures, miscellaneous features, facilities and amenities

9

Development comprised in or relating to any of the following kinds of work—

(a) soft and hard landscaping and measures to prevent, reduce or mitigate the adverse environmental impacts of buildings or structures, or improve the amenity of the Order land, including—

(i) trees, shrubs, hedges, verges and other vegetation;

(ii) bunds, embankments and earthworks;

(iii) wildlife crossing structures;

(iv) noise attenuation measures;

(v) other ecological mitigation and habitat or biodiversity enhancement measures;

(b) other features and elements intended to promote the amenity of the Order land or serve the convenience or enhance the experience of visitors or workers, including—

(i) lighting;

(ii) fountains, pools and other ornamental water features;

(iii) boards and other facilities for communicating information, and associated structures;

(iv) seating and other street furniture, including canopies and kiosks;

(v) gates, fences, walls, and other means of enclosure;

(vi) public art, including statuary and multimedia displays and decorative features;

SCHEDULE 3 — Conditions and limitations

Part 1 — Preliminary

Interpretation of Schedule

1

In this Schedule—

“applicable area” has the meaning given in condition 24(6) (height controls to secure an articulated skyline);

“body of groundwater” has the meaning given in paragraph 1(2) of Schedule 1 to the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017[^f00038];

“calendar day” means a period of 24 hours beginning at midnight and ending at 11.59 pm;

“calendar month” means January, February, March, April, May, June, July, August, September, October, November or December;

“calendar year” means a period of 365 or 366 consecutive calendar days beginning on 1st January and ending on 31st December;

“CEMP” has the meaning given in condition 12(1)(a);

“compliance statement” means a document, which may include plans or drawings— relating to— submitted development or a proposed modification to a controlling document, or specified authorised works, referred to in a Schedule 3 condition or endorsement condition that requires a compliance statement to be provided, identifying— all the Schedule 3 conditions and endorsement conditions that relate to the submitted development, proposed modification or specified authorised works referred to in paragraph (a), or if the Schedule 3 condition or endorsement condition that requires a compliance statement to be provided specifies the Schedule 3 conditions or endorsement conditions in respect of which the compliance statement is to be provided, the conditions so specified, stating— in the case of submitted development or specified authorised works, that it or they comply, or will comply, with the conditions referred to in paragraph (b)(i) or (ii) as applicable; in the case of a proposed modification, that it will not result in authorised works failing to comply with any condition referred to in paragraph (b)(i) or (ii) as applicable, and giving reasons or evidence to support what it states under paragraph (c), or referring to another document provided to the Secretary of State, or submitted to and endorsed by the Secretary of State, in which such reasons or evidence have previously been given;

“dark corridor” means a continuous corridor of— trees, habitats, and other flora, or man-made materials, where the levels of illuminance between sunset and sunrise do not exceed certain limits, enabling bats to navigate between roosts and feeding areas and be protected from predators, and their population numbers and geographical distribution to be maintained;

“design flood event” means a level of fluvial flooding or surface water flooding that is likely to occur with a 1 per cent annual probability, increased by— 20 per cent, in the case of fluvial flooding; 40 per cent, in the case of surface water flooding, to allow for the effects of climate change;

“the drainage strategy” means reference document 16 (drainage strategy);

“the environmental controls document” means reference document 22 (environmental controls document);

“external dimensions”, means, in relation to a building or structure in relation to which it is proposed to carry out authorised development— its proposed height in metres AGL and AOD; the proposed depth of any basement levels comprised in it, as a negative value expressed in metres AGL and AOD; its proposed width and length, in each case measured externally from the outer edges of the building or structure;

“external lighting scheme” means, in relation to external lighting proposed to be associated with an authorised work, details of— the general levels of illuminance to be achieved for each part of the Order land where that authorised work will be located, or that its operation will affect, and a plan showing areas where the illuminance will be at the same level, areas where sensitive receptors are located and the illuminance levels to be achieved in them, and measures to direct and control light to prevent light spillage and nuisance, and the approach to be taken in relation to energy conservation, glare reduction, and use of flexible control systems;

“fluvial flooding” means flooding from a river or other watercourse;

“Grand Opening” means the first time that an event occurs— at which all authorised works in the ticketed area, which have been completed at the date when the event occurs— are declared officially and generally open to visitors, and are opened to and occupied by visitors otherwise than as provided for in condition 76 (restrictions on occupation before Grand Opening), to the extent that the site controller considers those authorised works to be ready to be so declared, opened and occupied, and after which class 1 authorised works are intended to be open to and occupied by visitors on a regular timetable;

“gross external area” means, in relation to each floor of a building, its area measured from the outside of the perimeter wall at the level of that floor, excluding external open-sided balconies, covered ways and fire escapes, canopies, open vehicle parking areas, and voids over or under structural, raked or stepped floors;

“habitat creation and enhancement plan” has the meaning given in condition 8(2)(a) (habitat creation and enhancement plans);

“habitat location plan” has the meaning given in condition 7(1) (habitat location plan);

“hard landscaping” means the treatment of land, other than buildings, using man-made materials or non-living natural materials, for the purpose of enhancing or protecting the amenity of a location, including by the construction of fences, walls, or other means, the laying out or provision of paths, garden areas, courts, squares, water features, sculpture or other public art, and the provision of other amenity features;

“heavy-duty vehicle” means a motor vehicle with a maximum mass exceeding 3.5 tonnes;

“the Inner Core Zone” means those parts of the Core Zone not comprised in a riparian protection zone that are located— in a part of the Core Zone— where a public road, or part of a public road, is proposed to be located in the Core Zone at or near the edge of that zone, and— more than 10 metres from the boundary of that part of the road designed for use by motor vehicles and any kerb, that is closer to the centre of the Core Zone as identified in an endorsed detailed design for that public road, or where the Secretary of State has not endorsed a detailed design for that public road, more than 10 metres from the limit of deviation for it that is shown on the access and roadways plan and is closer to the centre of the Core Zone, where a public road, or part of a public road, is located in the Core Zone at or near the edge of that zone, and more than 10 metres from the boundary of that part of the road designed for use by motor vehicles and any kerb that is closer to the centre of the Core Zone, or where a public road, or part of a public road, is not located or proposed to be located in the Core Zone at or near the edge of that zone, more than 10 metres from the boundary of the Core Zone as shown on the zonal plan, in each case, measuring the distance of 10 metres from the relevant boundary, limit or point towards the centre of the Core Zone, or in the ticketed area, provided that this paragraph (b) applies in substitution for the definition in paragraph (a), but only if— the site controller gives the Secretary of State a notice to that effect, and that notice is given— after the Secretary of State has endorsed a ticketed area plan or a security and emergency management plan, and before any construction work comprised in class 1 or class 2 authorised development, other than preliminary work and site preparatory work, has been carried out;

“landscape and ecology management plan” means a plan as referred to in condition 9 (landscape and ecology management plans);

“masterplan” means a document setting out broad proposals for the extent and layout of authorised works in a zone or sub-zone;

“private car” means a motor vehicle that— arrives at or departs from the Order land, and when it does so, is not carrying goods or passengers for hire or reward;

“railway undertaker” means a person authorised by any enactment to carry on a railway undertaking;

“reference design standard” means a requirement relating to authorised development or authorised works that is set out and described as a design standard in reference document 19 (design standards);

“relevant species” means any species referred to in section 3.5 of reference document 11 (outline habitat creation and enhancement plan) as being one whose population may be expected to be maintained or increased by the creation, enhancement or retention of habitats on the Order land;

“riparian protection zone” has the meaning given in condition 56(1) (riparian protection zone);

“seasonal event” means an event that takes place in the ticketed area— for admission to which visitors are typically required to— obtain a ticket, or make a payment, that is additional to the ticket or payment for admission that they are required to obtain or make to gain entry to the ticketed area during its regular opening hours on the date on which the event takes place, and the timing of which reflects a festivity or tradition associated with a certain time of year;

“security and emergency management plan” means a plan referred to in condition 70(1)(b)(ii) (Soft Opening Period and security and emergency management plan);

“site preparatory work” means the following types of construction work, but does not include any preliminary work carried out in preparation for the carrying out of construction work of those types— remediation work; the demolition of any work; other construction work carried out to provide, or facilitate the provision of, a foundation or base for erecting, constructing or installing a work, including by carrying out mass grading or other earthworks; soil storage, whether or not carried out as part of activity within paragraph (c); class 4 authorised development at, under, or in the vicinity of, the location or proposed location of an authorised work, in relation to the supply to it of any energy, potable or non-potable water, telecommunications, or other utility services; erection, provision or installation of— compounds, hoardings, screening, gates and other means of enclosure, including for the purposes of providing security or storage for materials, plant or equipment; lighting and other plant or equipment; structures for displaying signs, notices or information; other facilities or infrastructure, including access routes, for the use of construction workers, vehicles, plant and equipment, in so far as those structures, facilities or infrastructure relate to, those construction workers are carrying out, and those materials, vehicles, plant and equipment are used for, works within paragraphs (a) to (e);

“Soft Opening Period” means the period during which class 1 authorised works are occupied in accordance with condition 76(1) (restrictions on occupation before Grand Opening);

“special event” means an event that takes place in the ticketed area— which is not a seasonal event, and for admission to which visitors must— obtain a ticket, or make a payment, that is additional to the ticket or payment for admission that they are required to obtain or make to gain entry to the ticketed area during its regular opening hours on the date on which the event takes place;

“specified habitat” has the meaning given in condition 6(1) (specified habitats: general);

“submitted development” means authorised development or authorised works, details of which a Schedule 3 condition or endorsement condition requires to be included in a submission document;

“sub-zone” means a part of a zone defined in a masterplan;

“sustainable drainage” has the meaning given in paragraph 2 of Schedule 3 (sustainable drainage) to the Flood and Water Management Act 2010[^f00039];

“ticketed area” means that part of the ERC, comprising class 1 authorised works— that is, or is proposed to be, located in the Inner Core Zone, and to which, on and from the date of Grand Opening, visitors are not typically permitted to gain entry without obtaining a ticket or making a payment to do so;

“ticketed area plan” means an OS plan showing the boundary of the ticketed area, that is submitted to the Secretary of State for approval otherwise than as part of a security and emergency management plan;

“top of bank” means, in relation to a watercourse, the point where the slope of the channel breaks and transitions into the level of the surrounding land;

“working day” means a calendar day other than— a Saturday or Sunday, Christmas Day or Good Friday, or abank holidayunder theBanking and Financial Dealings Act 1971[^f00040]in England;

“zone” mean any of the Core Zone, Lake Zone, East Gateway Zone and West Gateway Zone.

Modification of zonal boundaries; ticketed area plan

2

(1) If the site controller wishes the boundary of any zone to be altered, it must—

(a) make a request to the Secretary of State under article 7 (modification of reference documents, controlling documents and endorsement conditions) for the modification of the zonal plan, by submitting to the Secretary of State for approval an OS plan—

(i) that it proposes as a replacement for the zonal plan, and

(ii) that shows where the site controller wishes the boundary of each zone to be located after the endorsement of the modification takes effect;

(b) with the plan, submit for validation—

(i) updated applicable area figures for each zone, showing the effect, if any, of the proposed modification of the zonal plan on their applicable areas,

(ii) details of any land—

(aa) that would fall within a different zone as a result of the proposed modification, and

(bb) in, on, under or over which authorised development is being carried out, or is proposed to be carried out, whether under an endorsed masterplan or detailed design or otherwise, and

(iii) an explanation of why the modification—

(aa) is necessary, and

(bb) would not result in any authorised work failing to comply with article 5 (conditions and limitations), including in particular as regards any height control comprised in a Schedule 3 condition or an endorsement condition.

(2) If the site controller is unable to comply with sub-paragraph (1)(b)(iii)(bb) because the modification would cause an authorised work to fail to comply with article 5, because it is incompatible with the requirements of—

(a) a Schedule 3 condition or an endorsement condition that requires it to be in substantial accordance with a reference document or controlling document;

(b) any other applicable endorsement condition,

the site controller must submit with its request for modification of the zonal plan a request for endorsement under article 7 (modification of reference documents, controlling documents and endorsement conditions) of a modification of that endorsement condition, reference document or controlling document, endorsement of which would remove the incompatibility.

(3) Where the site controller makes a request for modification of the zonal plan, no development may be carried out that will only comply with article 5 if that modification is endorsed, until the Secretary of State has endorsed that modification.

(4) The Secretary of State may not approve under this paragraph any modification of the zonal plan that would result in a zone extending beyond the boundary of the Order land.

(5) The site controller may submit a ticketed area plan for approval by the Secretary of State if it has not yet submitted a security and emergency management plan to the Secretary of State for approval under condition 70(1)(b)(ii) (Soft Opening Period and security and emergency management).

(6) A ticketed area plan submitted under sub-paragraph (5) must include the position of any public road in the Core Zone for which a detailed design has been endorsed.

Part 2 — Site controller

Designation of site controller and appointment of principal representative

3

(1) No authorised development may begin until Universal City Studios LLC[^f00041] has given a notice to the Secretary of State—

(a) designating an undertaking as the site controller, and

(b) appointing a senior officer or employee of that undertaking who is to be the principal point of contact for the Secretary of State in respect of all matters for which this Order makes provision in relation to the design, construction, operation and security of the ERC (“principal representative”).

(2) Subject to the following provisions of this paragraph, at any time after a notice has been given under sub-paragraph (1), the site controller may give a notice to the Secretary of State—

(a) designating another undertaking, identified in the notice (the “new site controller”), to be the site controller in place of the undertaking—

(i) designated under sub-paragraph (1), or

(ii) whose designation in a notice given under this sub-paragraph has most recently taken effect, or

(b) appointing another senior officer or employee to be principal representative in place of the senior officer or employee—

(i) appointed under sub-paragraph (1), or

(ii) whose appointment in a notice given under this sub-paragraph has most recently taken effect.

(3) A notice given under sub-paragraph (1) or (2) must specify the date from which any designation or appointment to which it relates takes effect.

(4) No undertaking may be designated as site controller, and no person may be appointed as principal representative, otherwise than by a notice given in accordance with this paragraph.

(5) A notice given under sub-paragraph (2)(a)—

(a) must include details, in form and substance satisfactory to the Secretary of State, of—

(i) the identity and beneficial ownership of the new site controller, provided that, where a relevant undertaking is a company whose securities are admitted to trading on a relevant market, this need not include details of any person who holds less than 25 per cent of the relevant undertaking’s equity share capital, and

(ii) any change in relation to the ownership or control of land or assets referred to in condition 4(3) (core controls) that is associated with the designation of the new site controller;

(b) must be given—

(i) if the new site controller is an affiliate of the undertaking giving the notice, at least 10 working days;

(ii) if the new site controller is not an affiliate of the undertaking giving the notice, at least 20 working days,

before the date on which the notice specifies that the new site controller’s designation takes effect.

(6) No class 1 authorised development may be carried out, and no class 1 authorised work may operate, unless—

(a) an undertaking is designated as site controller, and

(b) a senior officer or employee of that undertaking is appointed as principal representative,

in accordance with this paragraph.

(7) An undertaking may only be designated as site controller if—

(a) it or its affiliates have overall responsibility for, and control, either directly, or through arrangements with other persons—

(i) the design, construction, operation and security of the ERC, to the extent that they are regulated by this Order, and

(ii) the making, submission, provision or giving of any request, document, notice or information to the Secretary of State under or by virtue of this Order in relation to authorised works and authorised development, and

(b) in respect of that undertaking—

(i) the criteria set out in paragraphs (a) to (d) of condition 4(3) are satisfied, and

(ii) the Secretary of State is satisfied of the matters specified in condition 5(1)(a) and (b) (experience and capability), or deemed to be satisfied of them under condition 5(2).

(8) If the site controller gives a notice to the Secretary of State that identifies as the new site controller an undertaking in respect of which a requirement set out in sub-paragraph (7)(a) or (b) is not satisfied—

(a) that notice has no effect, and

(b) the undertaking giving that notice remains the site controller until it gives another notice that identifies as the new site controller an undertaking in respect of which the requirements set out in sub-paragraph (7)(a) and (b) are both satisfied.

(9) If a requirement set out in sub-paragraph (7)(a) or (b) ceases to be satisfied in respect of the site controller, the site controller must as soon as practicable give a notice under sub-paragraph (2)(a) designating as the new site controller an undertaking in respect of which both those requirements are satisfied.

(10) An undertaking designated in a notice given under sub-paragraph (1) or (2)(a)—

(a) subject to sub-paragraph (8)(b), is the site controller with effect from the date on which the notice specifies that its designation takes effect;

(b) ceases to be the site controller—

(i) only if another undertaking is designated in its place by a notice given under sub-paragraph (2)(a);

(ii) on the date when a notice designating a new site controller in its place takes effect.

(11) An individual—

(a) may only be appointed as principal representative in a notice under sub-paragraph (1) or (2)(b);

(b) is principal representative with effect from the date on which the notice specifies that their appointment takes effect;

(i) their ceasing to be a senior officer or employee of the site controller;

(ii) the next date when the appointment of a principal representative under a notice given under sub-paragraph (2)(b) takes effect.

(12) The site controller must ensure that the Secretary of State has up to date contact details for the individual whose appointment as principal representative has most recently taken effect.

(13) For the purposes of sub-paragraph (5)—

“equity share capital” has the meaning given in section 548 of the Companies Act 2006[^f00042];

“parent undertaking” has the meaning given in section 1162 of that Act;

“relevant market” means— a UK regulated market or an EU regulated market, each as defined in section 1173 of that Act; a market listed in Schedule 1 to the Register of People with Significant Control Regulations 2016[^f00043];

“relevant undertaking” means— the site controller; a parent undertaking of the site controller; an undertaking that would be a parent undertaking of the site controller but for the fact that shares owned by an undertaking are registered in the name of— a nominee or other person acting on behalf of that undertaking, or another person by way of security over those shares.

Core controls

4

(1) The site controller must ensure that no authorised development is carried out except by, on behalf of, or with the consent of, the site controller.

(2) If the site controller makes a request—

(a) under article 6 (endorsement of submission documents) for endorsement of a submission document, or

(b) under article 7 (modification of reference documents, controlling documents and endorsement conditions) for endorsement of a modification of a reference document, controlling document or endorsement condition,

it is deemed to have consented to any proposed authorised development to which the submission document, modified reference document, controlling document or endorsement condition relates.

(3) No class 1 authorised work may operate on or after the day on which the Soft Opening Period begins, as notified to the Secretary of State by the site controller under condition 70(1)(b)(i) (Soft Opening Period and security and emergency management plan), unless the site controller or its affiliates—

(a) subject to sub-paragraph (4), own the freehold interest in, or otherwise have control of, those parts of the Order land where the specified habitats are located,

(b) own the freehold interest in any land comprising the ticketed area,

(c) control all buildings or structures in, on, under or over the Order land from which central control of security functions relating to the ERC is exercised, and

(d) own the freehold interest in any land in, on, under or over which the buildings or structures referred to in paragraph (c) are located.

(4) The site controller or its affiliates are not required to satisfy the criterion set out in sub-paragraph (3)(a) in respect of land where a specified habitat is located in the Lake Zone or the East Gateway Zone, if, and to the extent that, the freehold interest in that land is owned by—

(a) a statutory undertaker,

(b) a local authority or other body that is specified, or is within a class of bodies specified, in an enactment which confers on that body, or bodies within that class, functions that include nature conservation, or

(c) a body, established for nature conservation purposes, that is not permitted to dispose of its assets otherwise than to another body that is established for such purposes that is subject to the same restrictions regarding the disposal of its assets.

Experience and capability

5

(1) The site controller must be able to satisfy the Secretary of State that—

(a) an individual with the relevant experience is accountable to the site controller’s governing body for the design, construction and operation of the ERC, and

(b) the site controller is capable of fulfilling its obligations under this Order.

(2) If the site controller is an affiliate of Universal City Studios LLC, it is deemed to satisfy the Secretary of State as specified in sub-paragraph (1).

(3) Any other undertaking that—

(a) is the site controller, or

(b) has been identified as a new site controller in a notice under condition 3(2)(a) (designation of site controller and appointment of principal representative), but whose designation as the site controller has not yet taken effect,

must, if the Secretary of State requires it by notice to do so, provide, by such date as the notice specifies, such evidence of the matters in respect of which it must be able to satisfy the Secretary of State under sub-paragraph (1) as the notice specifies.

(4) In this paragraph—

“governing body” means, in relation to an undertaking— its board of directors; if it has no board of directors, such other organ, or group of individuals, as is empowered to manage its business on behalf of its members and to exercise all its powers; if there is no such organ or group, its members;

“relevant attraction” means a theme park, holiday resort or entertainment resort complex that is visited in a calendar year by 4.25 million people or more;

“relevant experience” means the experience, as a result of having held one or more executive positions in an undertaking, or otherwise having been a party to one or more contracts with an undertaking, over a period comprising two or more calendar years, of having been directly accountable to an undertaking’s governing body for the design, construction and operation of one or more relevant attractions owned or operated by that undertaking.

Part 3 — Habitat creation, enhancement and maintenance

Specified habitats: general

6

(1) Grand Opening must not take place unless habitats have been created, enhanced, or retained on the Order land in accordance with this paragraph (each such habitat being a “specified habitat”).

(2) Each specified habitat must be of a type described in the first column of Table 1.

(3) The extent of the specified habitats of each such type must be, in aggregate, no less than is set out in the second column of Table 1 in the row relating to that type of habitat.

(4) Each specified habitat must be created, enhanced or retained in accordance with—

(a) any endorsed habitat location plan that relates to it, and

(b) any endorsed habitat creation and enhancement plan that relates to it.

Habitat type	Habitat extent
Standing water (ponds and lakes)	20.5 hectares
Woodlands	16.1 hectares
Reedbeds	3.6 hectares
Meadow grassland	3.4 hectares
Scrub (dense and scattered)	3.2 hectares
Open mosaic	2.5 hectares
Watercourse	4.2 kilometres
Hedgerow	2.4 kilometres

Habitat location plan

7

(1) Subject to sub-paragraph (2), no construction work may begin until—

(a) the site controller has submitted to the Secretary of State for approval an annotated OS plan that—

(i) identifies the general location and extent, including any lines of deviation, of those parts of the Order land where the specified habitats are to be created, enhanced or retained, and

(ii) is substantially in accordance with Figure 1 (Indicative Habitat Creation and Enhancement Plan) of reference document 11 (outline habitat creation and enhancement plan),

(“habitat location plan”), and

(b) the Secretary of State has endorsed the plan.

(2) Preliminary work that does not involve any interference with the habitats of relevant species for which an alternative habitat has not yet been provided may begin before a habitat location plan has been submitted or endorsed in accordance with sub-paragraph (1).

(3) The site controller must, in the period between approval of the habitat location plan and the date of Grand Opening—

(a) keep a record of the extent and location of each specified habitat, that is capable of demonstrating compliance with condition 6 (specified habitats: general), and

(b) make that record available to the Secretary of State on request.

Habitat creation and enhancement plans

8

(1) Subject to sub-paragraph (3), no construction work may begin in a part of the Order land where—

(a) an endorsed habitat location plan, or

(b) if a habitat location plan has not yet been endorsed, Figure 1 (Indicative Habitat Creation and Enhancement Plan) of reference document 11 (outline habitat creation and enhancement plan),

shows that a habitat is to be created, enhanced or retained (a “habitat location”), unless the criteria specified in sub-paragraph (2) are satisfied in respect of that part of the Order land.

(2) The criteria are that—

(a) the site controller has submitted to the Secretary of State for approval a plan relating to the habitat location that—

(i) is in substantial accordance with reference document 11 (outline habitat creation and enhancement plan), and

(ii) meets the requirements of sub-paragraphs (4) and (5)

(“habitat creation and enhancement plan”), and

(b) the Secretary of State has endorsed the plan.

(3) Preliminary work that does not involve any interference with the habitats of relevant species for which an alternative habitat has not yet been provided may begin in a habitat location before a habitat creation and enhancement plan has been submitted or endorsed in accordance with sub-paragraph (2) in respect of that habitat location.

(4) A habitat creation and enhancement plan must include—

(a) an OS plan, showing—

(i) the location of the habitat location to which it relates in relation to the rest of the Order land;

(ii) the extent of each specified habitat to be created enhanced or retained in that habitat location, which is to be given in kilometres in the case of watercourses and hedgerows and in hectares for all other types of habitat;

(iii) the location of any—

(aa) dark corridor;

(bb) wildlife crossing or underpass feature;

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The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025

Citation, commencement, extent, application and revocation

1

Interpretation

2

Other planning permissions

3

Grant of planning permission

4

Conditions and limitations

5

Endorsement of submission documents

6

Modification of reference documents, controlling documents and endorsement conditions

7

Publication of documents

8

SCHEDULE 1 — Reference documents

SCHEDULE 2 — Classes of development permitted

Visitor entertainment and hospitality facilities

1

Support for provision and operation of visitor entertainment and hospitality facilities

2

Rail-related development

3

Utilities and services

4

Walking, wheeling and cycling routes

5

Roads and associated infrastructure

6

Vehicle-related facilities

7

Security and reception

8

Landscaping and environmental measures, miscellaneous features, facilities and amenities

9

SCHEDULE 3 — Conditions and limitations

Part 1 — Preliminary

Interpretation of Schedule

1

Modification of zonal boundaries; ticketed area plan

2

Part 2 — Site controller

Designation of site controller and appointment of principal representative

3

Core controls

4

Experience and capability

5

Part 3 — Habitat creation, enhancement and maintenance

Specified habitats: general

6

Habitat location plan

7

Habitat creation and enhancement plans

8