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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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(3) If the BESS includes static water storage tanks designed to be used for firefighting, they must be located at least 10 metres away from the BESS container or cabinet and clearly marked with appropriate signage.

(4) In deciding the location and design of a BESS, the site controller must have regard to the most recent guidance issued on the planning of such systems by the UK National Fire Chiefs Council[^f00052].

(5) Within 20 working days of the completion of such procedures and tests in relation to a BESS as constitute, at the time they are undertaken, the usual industry standards and practices for demonstrating that the BESS is capable of commercial operation, the site controller must provide to the fire and rescue authority, as defined in section 1 of the Fire and Rescue Services Act 2004[^f00053], for the area that includes the Order land—

(a) details of the type of batteries, number of batteries and capacity of each battery comprised in the BESS;

(b) a plan of the area around the BESS, showing—

(i) the location of the BESS within the utility compound;

(ii) access routes for emergency responders;

(iii) the location of hydrant supplies or static water tanks, with details of their total capacity and delivery capability.

Limits on extent of highway works

49

(1) For the purposes of this paragraph—

“area of development” has the meaning given in section 22(9) of the Planning Act 2008[^f00054];

“motorway” has the meaning given in section 22(9) of the Planning Act 2008;

“relevant highway” means a highway for which the Secretary of State or a strategic highways company is the highway authority.

(2) Class 6 authorised works must not consist of—

(a) the construction or alteration of a motorway;

(b) the construction of—

(i) a highway that will be a relevant highway, but that is not a motorway, where the speed limit for any class of vehicle is expected to be 50 miles per hour or greater, if the area of development exceeds 12.5 hectares;

(ii) any other highway that will be a relevant highway, if the area of development exceeds 7.5 hectares;

(i) a relevant highway, that is not a motorway, where the speed limit for any class of vehicle is expected to be 50 miles per hour or greater, if the area of development exceeds 12.5 hectares;

(ii) any other relevant highway, if the area of development exceeds 7.5 hectares;

(d) the improvement of a relevant highway, if it is likely to have a significant effect on the environment.

(3) Sub-paragraph (2) does not apply to class 6 authorised works which meet the conditions set out in section 22(6), (7) or (8) of the Planning Act 2008.

Limits on extent of railway development

50

(1) Where class 3 authorised development comprises the construction or alteration of a railway—

(a) that is, or is to be, part of a network operated by an approved operator, and

(b) that will include a stretch of track that—

(i) is not, or is not proposed to be, on land that was operational land of a railway undertaker immediately before the authorised development comprising construction or alteration began, or

(ii) is, or is proposed to be, on land that was acquired at an earlier date for the purpose of constructing the railway,

the track constructed or altered in the course of that authorised development must not exceed 2 kilometres of continuous length.

(2) For the purposes of this paragraph, “approved operator” has the meaning given in section 25(4) of the Planning Act 2008[^f00055].

Limits on capacity, extent or use of certain energy and water infrastructure

51

(1) An electricity generating station that generates electricity directly from sunlight must have a capacity of less than 100 megawatts AC.

(2) An electricity generating unit that is fuelled by diesel or gas must not be installed or used for any purpose other than—

(a) to provide power for machinery, plant or equipment used in construction work;

(b) to provide power for authorised works until a date, notified to the Secretary of State by the site controller in advance, that is no later than the date which is 12 months after the date of Grand Opening, but only if, and to the extent that, it is not possible to arrange for those authorised works to be supplied with sufficient electricity generated outside the Order land by the notified date;

(c) to provide a permanent source of back-up power to an individual work or item of plant or equipment comprised in the ERC, to enable it to operate safely when its usual source of power is interrupted and remains unavailable.

(3) An authorised work in class 4(c) that is functionally associated with class 1 or class 2 authorised works, and centrally co-located within the meaning of condition 42(2)(c) (class 4 authorised works)—

(a) subject to paragraph (b), must not be powered by any plant or equipment on the Order land that produces energy by the combustion of fuel;

(b) if it is powered by any such plant or equipment—

(i) that plant or equipment may not be used for any other purpose than to provide energy for heating or cooling systems comprised in authorised works until a date, notified to the Secretary of State by the site controller in advance, that is no later than the date which is 12 months after the date of Grand Opening;

(ii) its use in accordance with sub-paragraph (i) is only permitted where it is not reasonably practicable for centrally co-located authorised works in class 4(c) to be supplied with sufficient electricity generated outside the Order land by the date of Grand Opening.

(4) Where an electric line is installed above ground, at least one of the following criteria must be satisfied in relation to it—

(a) the line does not exceed two kilometres in length when installed;

(b) if it is a line (“replacement line”) that replaces a line that is an existing line as defined in section 16(4) of the Planning Act 2008[^f00056] (“existing line”) and the nominal voltage of the replacement line is expected to be greater than that of the existing line—

(i) the replacement line has no support whose height exceeds the height of the highest support of the existing line by more than 10 per cent;

(ii) the distance between any support for the new line and the existing line does not exceed 60 metres, and the replacement line is removed within twelve months from the date on which the installation of the replacement line is complete;

(c) the line will, when installed, be within premises in the occupation or control of the person responsible for its installation;

(d) section 37(1) of the Electricity Act 1989[^f00057] (consent required for overhead lines) does not apply to the line, by virtue of the Overhead Lines (Exemption) (England and Wales) Regulations 2009[^f00058].

(5) Where an authorised work of class 4(b) is constructed—

(a) it must not have a length that exceeds, or is intended to exceed, 16.093 kilometres;

(b) if it is constructed by a gas transporter, as defined in section 7(1) of the Gas Act 1986[^f00059], at least one of the following criteria must not be expected to be satisfied in relation to it—

(i) it is more than 800 millimetres in diameter and more than 40 kilometres in length, or its construction is likely to have a significant effect on the environment;

(ii) it has a design operating pressure of more than 7 bar gauge;

(iii) it conveys gas for supply (directly or indirectly) to at least 50,000 customers, or potential customers, of one or more gas suppliers, as defined in section 7A(11) of the Gas Act 1986.

(6) Where an authorised work of class 4(d) is constructed, it must not—

(a) if it is a waste water treatment plant, have a capacity exceeding a population equivalent, as defined in regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994[^f00060], of 500,000;

(b) if it is infrastructure for the transfer or storage of waste water, have capacity for the storage of waste water exceeding 350,000 cubic metres;

(c) if it is a dam, reservoir, infrastructure for the transfer of water resources or desalination plant, as defined in section 235(1) of the Planning Act 2008[^f00061], have a deployable output, as defined in that section, that is expected to exceed 80 million litres per day.

(7) No development in class 4(f) may be constructed or operated unless it is functionally associated with authorised works in class 4(a), (b), (c), (d) or (e).

Floorspace

52

(1) Subject to sub-paragraph (2)—

(a) no individual unit that is—

(i) an authorised work in class 1(d)(iv)(aa) or (dd), and

(ii) located in the ERC area outside the Core Zone,

may have floorspace whose gross external area exceeds 1,100 square metres;

(b) an authorised work in class 1(d)(iv)(aa) and (dd) must not have floorspace with an aggregate gross external area that exceeds—

(i) 11,000 square metres in the Lake Zone;

(ii) 7,700 square metres in the West Gateway Zone.

(2) Sub-paragraph (1) does not apply to concessions in—

(a) hotels;

(b) indoor and outdoor entertainment venues;

(d) venues with conference or convention spaces;

(e) indoor and outdoor cultural facilities.

Vehicle parking

53

(1) Grand Opening must not take place unless at least—

(a) 100 designated coach parking spaces,

(b) 7,106 further designated motor vehicle parking spaces, excluding designated vehicle parking spaces at railway stations, and

have been constructed on the Order land and are available for use by visitors or workers.

(2) The number of parking spaces referred to in paragraphs (a) to (c) of sub-paragraph (1) must remain available for as long as class 1(a) authorised works are operating.

(3) If—

(a) in any calendar year—

(i) there are more than 8.5 million visitors to class 1 authorised works in aggregate, or

(ii) on more than 15 days, there are more than 55,000 visitors per day to class 1 authorised works, or

(b) the site controller reasonably concludes that, in the next calendar year, there are likely to be more than—

(i) 8.5 million visitors in aggregate to class 1 authorised works, or

(ii) 55,000 visitors per day to class 1 authorised works on more than 15 days,

the site controller must, within three months of the criterion in paragraph (a) or (b) being satisfied, notify the Secretary of State to that effect and submit to the Secretary of State for validation a scheme, including an implementation timetable, for increasing the amount of vehicle parking.

(4) A scheme submitted under sub-paragraph (3) must propose increases in the numbers of vehicle parking spaces that result in there being, in aggregate, at least—

(a) 11,197 designated motor vehicle parking spaces other than coach parking spaces, excluding designated vehicle parking spaces at railway stations, and

(b) 1,456 designated cycle parking spaces, excluding designated cycle parking spaces at railway stations.

(5) Subject to sub-paragraph (6)—

(a) at the date of Grand Opening and for as long as class 1(a) authorised works are operating, at least 5 per cent of the total number of designated motor vehicle parking spaces that have been constructed and are available for the purposes of the ERC must be sustainable vehicle parking spaces;

(b) at the date of Grand Opening, infrastructure must have been installed to enable a further 5 per cent of the available designated motor vehicle parking spaces to be converted into sustainable vehicle parking spaces without material disruption to the use of designated parking spaces adjacent to them.

(6) The site controller may, having regard to technological changes and the evolution of relevant law and government policy regarding the sustainability of motor vehicles, submit to the Secretary of State for approval a plan setting out requirements—

(a) relating to the provision of parking spaces for categories of motor vehicles, specified in the plan, that are considered to be more sustainable than other motor vehicles that are generally in use at the time;

(b) which—

(i) differ from, and

(ii) if the Secretary of State endorses the plan, are to replace,

the requirements set out in sub-paragraph (5)(a) or (b).

(7) The Secretary of State must not decide to endorse a plan submitted under sub-paragraph (6), or a modification of such a plan, unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(8) The site controller must—

(a) keep a record of the numbers of—

(i) designated coach parking spaces;

(ii) sustainable vehicle parking spaces provided under sub-paragraph (5)(a);

(iii) vehicle parking spaces in respect of which infrastructure has been installed in accordance with sub-paragraph (5)(b);

(iv) vehicle parking spaces provided in accordance with a plan submitted under sub-paragraph (6) that has been endorsed;

(v) other designated motor vehicle parking spaces;

(vi) designated cycle parking spaces,

that are provided in accordance with this paragraph from time to time;

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

(9) In this paragraph, “sustainable vehicle parking space” means a designated motor vehicle parking space that is—

(a) fitted with a charge point, and

(b) reserved for use by electric vehicles that are capable of using a charge point.

Leadership in Energy and Environmental Design

54

(1) No construction of a building of a type specified in sub-paragraph (2) that is to be occupied as part of authorised works may begin until the site controller has submitted to the Secretary of State for approval, and the Secretary of State has endorsed, a scheme for ensuring that buildings of each type specified in sub-paragraph (2) achieve specified target levels or standards of environmental and social impact performance, set by reference to a specified and internationally recognised standard for assessing or certifying such performance.

(2) The types of building specified are those that solely comprise one or more—

(a) conference centres;

(b) hotels;

(d) restaurants;

(e) shops;

(f) server centres;

(g) sports facilities;

(h) warehouse or storage facilities.

(3) The site controller must keep the endorsed scheme under review and submit modifications to it to the Secretary of State for approval, as and when the site controller considers it appropriate to do so in order to reflect improvements in the management of the environmental and social impacts of building design and operation.

(4) In carrying out their functions under this paragraph, the site controller and the Secretary of State must have regard, in particular, to version 5 of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) rating system[^f00062], or any subsequent version of that or another comparable rating system that sets more demanding standards.

Carbon management

55

(1) Authorised development must be carried out, and authorised works must operate, in substantial accordance with the principles and processes described in reference document 17 (carbon management plan).

(2) No later than one month after the date of Grand Opening, the site controller must provide to the Secretary of State a report setting out—

(a) how the class 1 and class 2 authorised works, construction of which was completed before the date of Grand Opening, have been constructed in compliance with sub-paragraph (1);

(b) how the experience of constructing those authorised works, and their subsequent operation, will inform future compliance with sub-paragraph (1).

Part 11 — Water and drainage

Riparian protection zone

56

(1) Authorised works must be so designed and constructed that there is an area of land on either side of—

(a) Elstow Brook in the West Gateway Zone and Lake Zone, and

(b) the watercourse identified as “Core Zone Watercourse Diversion” in Annex 2 to the drainage strategy (WSP drainage strategy drawing) in the Core Zone,

that is predominantly covered by vegetation (the “riparian protection zone”).

(2) Over the whole of its length, the riparian protection zone must typically be 10 metres wide, when measured from the top of bank.

(3) Existing vegetation in a riparian protection zone—

(a) must be protected as far as practicable while authorised development is carried out, and

(b) if disturbed or lost as a result of authorised development, must be restored or replaced with similar vegetation.

Flood risk

57

(1) No alteration to ground levels or other construction work, other than preliminary work, may take place until—

(a) a scheme to ensure authorised works are flood resilient in accordance with sub-paragraph (2) has been prepared or verified by a suitably qualified and experienced professional in respect of the land where those authorised works are to be located, and

(b) the site controller has submitted the scheme to the Secretary of State for approval and the Secretary of State has endorsed it.

(2) The scheme must—

(a) be based on detailed modelling of fluvial and surface water flooding, and include details of that modelling;

(b) include an OS plan that, using contrasting shading—

(i) identifies each part of the Order land that is likely to be affected by fluvial flooding if the design flood event applicable to fluvial flooding occurs;

(ii) indicates the annual probability of each part of the Order land being subject to fluvial flooding using the classification in Table 10;

(c) set out suitable measures to manage flood risk that are substantially in accordance with the flood risk mitigation measures contained in reference document 14 (flood risk assessment).

Probability	Description of land within zone
Low	Land with a less than 0.1 per cent annual probability of fluvial flooding
Medium	Land with between 0.1 per cent and 1 per cent annual probability of fluvial flooding
High	Land with a 1 per cent or greater annual probability of fluvial flooding
Very high	Land classified as functional floodplain

Storage capacity

58

Authorised development must not result in any net loss in the capacity of the Order land to hold excess water temporarily if—

(a) the design flood event applicable to fluvial flooding occurs, or

(b) the design flood event applicable to surface water flooding occurs.

Water conservation and supplies of non-potable water

59

(1) Water must be conserved and reused on the Order land using means substantially in accordance with reference document 15 (water strategy).

(2) Non-potable water used in the operation of authorised works (“operational water”) must be supplied substantially as set out in reference document 15.

(3) If the site controller gives a notice under article 7(2) (modification of reference documents, controlling documents and endorsement conditions) to the Secretary of State seeking endorsement of a modification of reference document 15 that would have the effect of permitting the use of sources of operational water, or means of bringing it onto the Order land, that were not envisaged in the version of that document that was submitted to the Secretary of State on 26th June 2025 (“original water strategy”), the site controller must also give to the Secretary of State—

(a) estimates of the quantities of operational water that are required;

(b) an explanation of why it is not practicable for some or all operational water to be supplied as envisaged in the original water strategy;

(c) details of the options available to supply such water from sources, or by means, that were not envisaged in the original water strategy.

Culverts

60

No culvert, other than the new or upgraded culvert under Manor Road, referred to as the “proposed box culvert beneath Manor Road” in Annex 2 (WSP drainage strategy drawing) to the drainage strategy, may be constructed on the Order land unless—

(a) it forms part of a detailed design endorsed under condition 28 (detailed designs: class 3 and class 6 authorised works), or

(b) the site controller has submitted details of it to the Secretary of State for approval, including—

(i) an OS plan showing its location in relation to the rest of the Order land;

(ii) a drawing showing details of its construction;

(iii) an explanation of why its construction is justified,

and the Secretary of State has endorsed those details.

Outfalls

61

(1) This paragraph applies to any new outfall that would discharge water from a part of the Order land where authorised works are located—

(a) directly into Elstow Brook, or

(b) indirectly into Harrowden Brook, if the new outfall would be the last outfall from which such water discharges, on the Order land, into a watercourse from which water flows into that brook.

(2) No outfall to which this paragraph applies may be constructed unless the site controller has submitted to the Secretary of State for approval a document including—

(a) an OS plan showing the location of the outfall and the watercourse into which it discharges in relation to the rest of the Order land;

(b) details of any proposed works involved in its construction—

(i) including technical drawings showing the design and relevant dimensions of the outfall, including cross and longitudinal sections, and

(ii) demonstrating how the design of the outfall achieves the objectives specified in sub-paragraph (3),

and the Secretary of State has endorsed that document.

(3) The objectives are that the design of the outfall—

(a) does not result in the part of the brook into which the outfall discharges becoming an area of predation for fish and other aquatic fauna,

(b) prevents the spread of invasive species and pathogens,

(c) ensures that the height between the outfall and the brook is such as to minimise the risk of erosion and provide for the safe passage of fish and other aquatic fauna, and

(d) includes specific mitigation of the potential adverse impacts on fish and other aquatic fauna of changes—

(i) in water flows, whether in terms of quantity or velocity, or

(ii) that result in excessively high or low water levels.

Road crossing over Elstow Brook

62

(1) Any authorised work in class 6(f) crossing over Elstow Brook that is located in the West Gateway Zone must consist of a clear span bridge, where the soffit is set not less than 600 mm higher than the surface of the water in the brook would be if a fluvial flooding design flood event, as identified in a scheme submitted under condition 57(1)(b) (flood risk) for that zone and endorsed by the Secretary of State, occurs.

(2) The bridge abutments forming part of an authorised work as described in sub-paragraph (1) must be set back not less than 10 metres from the top of bank.

Runoff

63

(1) Authorised works must be constructed and operated so as not to result in—

(a) an increase in the rate or volume of surface water discharged from the Order land, or

(b) an increase or decrease in the rate and volume of surface water discharged into Elstow Brook or Harrowden Brook,

during any given rainfall event for each zone and return period in the drainage strategy.

(2) The site controller must—

(a) provide to the Secretary of State details of a methodology—

(i) prepared having regard to the Flood Estimation Handbook[^f00063], and

(ii) capable of accurately monitoring compliance with sub-paragraph (1),

(b) use that methodology to monitor compliance with sub-paragraph (1), and

(c) provide to the Secretary of State, on request, reports of the results of monitoring carried out in accordance with that methodology.

(3) For the purposes of this paragraph, “rainfall event” means a rainfall event of any intensity that may reasonably be expected to affect the Order land, up to and including the intensity of the design flood event applicable to surface water flooding.

Sustainable drainage

64

Authorised works must be designed, constructed and operated in such a way as to achieve the aims of sustainable drainage, using means substantially in accordance with—

(a) the drainage strategy;

(b) applicable national standards published under paragraph 5 of Schedule 3 to the Flood and Water Management Act 2010[^f00064].

Sustainable drainage systems: management and maintenance

65

(1) Grand Opening must not take place unless—

(a) the site controller has submitted to the Secretary of State for approval a maintenance and management plan and a maintenance schedule for the system of sustainable drainage serving authorised works that is in operation at the date of Grand Opening,

(b) the plan and schedule submitted are accompanied by a report from a suitably qualified expert—

(i) verifying that they are in substantial accordance with Annex 3 (WSP SuDS maintenance plan) to the drainage strategy, or

(ii) explaining how they depart from the details set out in that document and why such departures are necessary or expedient, for example, for reasons connected with the operation of authorised works by statutory undertakers, and

(2) The site controller must—

(a) keep the plan and schedule under review in the light of changes—

(i) in the potential impacts on drainage of authorised works, whether constructed before or after Grand Opening, or

(ii) that are made to the system of sustainable drainage from time to time to address those impacts;

(b) seek the Secretary of State’s endorsement of such modifications to the plan or schedule as may be required to accommodate an impact or change referred to in paragraph (a).

(3) If the site controller seeks the Secretary of State’s endorsement of a modification to an endorsed plan and schedule, it must include with its request a report from a suitably qualified expert verifying and explaining the matters set out in sub-paragraph (1)(b)(i) and (ii) in respect of the plan and schedule as they are proposed to be modified.

(4) The Secretary of State must not decide to endorse a plan or schedule submitted under sub-paragraph (1)(a), or a modification of such a plan or schedule, unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

Foul drainage

66

(1) The following may not be connected to offsite sewerage and waste water infrastructure unless the criteria specified in sub-paragraph (2) are satisfied—

(a) a new work, plant or equipment constructed or installed as part of authorised works;

(b) any other work, plant or equipment constructed or installed on a temporary basis for the purposes of construction work.

(2) The criteria are that—

(a) the site controller has provided to the Secretary of State—

(i) details of things done, or proposed to be done, to improve or reinforce that infrastructure (“sewerage actions”);

(ii) if the sewerage actions have not yet been carried out, evidence that any licence or other authorisation required under an enactment to enable the sewerage actions to be carried out has been granted to or obtained by the person who is to carry them out;

(iii) evidence that the carrying out of the sewerage actions has ensured, or will ensure, that the connection to existing offsite sewerage and waste water infrastructure of—

(aa) the work, plant or equipment referred to in sub-paragraph (1), and

(bb) any other authorised works that have been constructed, or will be required to be constructed before Grand Opening may take place in accordance with condition 69 (core capacity and features of ERC),

will not result in any sewerage undertaker being unable to comply with its duty under section 94(1) of the Water Industry Act 1991[^f00065];

(b) the Secretary of State, having ascertained that the connection referred to in paragraph (a)(iii) will not adversely affect the integrity of any European site, has notified the site controller that those authorised works may connect to existing offsite sewerage and waste water infrastructure.

Water supplies

67

(1) The following may not be connected to the public water supply unless the criteria specified in sub-paragraph (2) are satisfied—

(a) a new work, plant or equipment constructed or installed as part of authorised works;

(b) any other work, plant or equipment constructed or installed on a temporary basis for the purposes of construction work.

(2) The criteria are that—

(a) the site controller has provided to the Secretary of State—

(i) details of things done, or proposed to be done, to improve or reinforce offsite potable water infrastructure capacity (“water actions”);

(ii) if the water actions have not yet been carried out, evidence that any licence or other authorisation required under an enactment to enable the water actions to be carried out has been granted to or obtained by the person who is to carry them out;

(iii) evidence that the carrying out of the water actions has ensured, or will ensure, that the connection to the public water supply of—

(aa) that work, plant or equipment, and

(bb) any other authorised works that have been constructed, or will be required to be constructed before Grand Opening may take place in accordance with condition 69 (core capacity and features of ERC),

will not result in any water undertaker being unable to comply with its duty under section 37(1) of the Water Industry Act 1991[^f00066];

(b) the Secretary of State, having ascertained that the connection referred to in paragraph (a)(iii) will not adversely affect the integrity of any European site, has notified the site controller that those authorised works may connect to the public water supply.

Kempston Hardwick Clay Pits (North)

68

Water levels in the strategic attenuation ponds comprised in the body of surface water that is identified as “Kempston Hardwick Clay Pits (North) – Disused Pits” in Image 3-1 (existing site waterbodies flood defences) in the drainage strategy must be maintained at not less than 20.50 metres AOD.

Part 12 — Grand Opening and Soft Opening Period: further preconditions

Core capacity and features of ERC

69

Grand Opening must not take place unless—

(a) the ERC, on the date of Grand Opening, includes—

(i) class 1(a) authorised works that cover at least 32.37 hectares;

(ii) at least 500 hotel rooms available to accommodate visitors;

(b) construction of any facilities required to be provided under an endorsed security and emergency management plan has been completed and those facilities are operational in accordance with the endorsed plan;

(c) the site controller has submitted for validation by the Secretary of State a report that demonstrates that authorised works have, or will have, on the date of Grand Opening, the capacity to host—

(i) up to 8.5 million visitors to class 1 authorised works over a period of 12 months, and

(ii) up to 55,000 visitors to class 1 authorised works on an individual day,

using buildings or structures whose construction has been completed and which the site controller considers to be ready to be declared open, and occupied;

(d) the Secretary of State has endorsed the report submitted under sub-paragraph (c);

(e) the site controller has provided to the Secretary of State, in respect of each work in the Inner Core Zone—

(i) the construction of which has been completed at the date of Grand Opening, and

(ii) which has a height exceeding 10 metres AGL,

a compliance statement in respect of its compliance with the Schedule 3 conditions in Part 6 (height controls) and Part 8 (reference design standards).

Soft Opening Period and security and emergency management

70

(1) The Soft Opening Period may not begin unless—

(a) construction of the authorised works in respect of which the site controller has submitted, or proposes to submit, a report under condition 69(c) (core capacity and features of ERC) is substantially complete;

(b) the site controller has—

(i) given notice to the Secretary of State of the date when the Soft Opening Period will begin, and

(ii) submitted to the Secretary of State for approval a plan in accordance with sub-paragraph (2), and

(2) The plan must—

(a) be in substantial accordance with reference document 20 (security and emergency management plan),

(b) set out how the site controller will prepare for, respond to, mitigate, and recover from natural, technological, or man-made hazards, incidents and emergencies, and

(i) the access points to be used in an emergency;

(ii) the boundaries of—

(aa) the ticketed area, in accordance with any endorsed ticketed area plan, and

(bb) the part of the Core Zone outside the ticketed area that visitors are only permitted to enter after passing through security screening,

and the points where visitors may enter and leave them.

Public access

71

(1) Grand Opening must not take place unless the criterion specified in sub-paragraph (2) or the criteria specified in sub-paragraph (3) are satisfied.

(2) The criterion is that the public roads that are—

(a) within paragraph (b) of the definition of “public road”, and

(b) located within the Core Zone, East Gateway Zone or West Gateway Zone,

have been completed and are operating in accordance with a detailed design endorsed by the Secretary of State under condition 28 (detailed designs: class 3 and class 6 authorised works).

(3) The criteria are that—

(a) the site controller has submitted details of an alternative temporary access arrangement to the Secretary of State for approval;

(b) the Secretary of State, having regard to the progress made towards satisfying the criterion specified in sub-paragraph (2), considers that the proposed arrangement is capable of providing, on a temporary basis, an appropriate substitute for the public roads referred to in sub-paragraph (2);

(c) the Secretary of State has endorsed the details subject to an endorsement condition specifying the stage of development or date by which the construction or operation of authorised works in class 1 and class 2 must cease if the criterion specified in sub-paragraph (2) has not been satisfied when that stage of development or date has been reached;

(d) the temporary access arrangement has been implemented and is operating in accordance with the endorsed details.

(4) The Secretary of State must not decide to endorse details submitted under sub-paragraph (3)(a), or a modification of such details, unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(5) Any alternative arrangement implemented under sub-paragraph (3) must be retained in operation until the criterion specified in sub-paragraph (2) is satisfied.

Manor Road level crossing

72

Grand Opening must not take place unless—

(a) the Secretary of State has endorsed a detailed design for class 3 authorised works under condition 28 (detailed designs: class 3 and class 6 authorised works) that includes details of improvements to be carried out on that part of the Order land—

(i) referred to as “Manor Road Level Crossing Proposals”, and

(ii) shown as a green hatch notation,

on the access and roadways plan, and

(b) the endorsed detailed design has been implemented as regards those improvements.

Public rights of way

73

(1) Grand Opening must not take place unless the parts of Footpath 1 and Footpath 2 that are within the Order land have been permanently stopped up.

(2) For the purposes of this paragraph, Footpath 1 and Footpath 2 are the footpaths identified as such on the definitive map and statement maintained by Bedford Borough Council in accordance with section 53 of the Wildlife and Countryside Act 1981[^f00067] on the date when this Order is made.

Wixams station (bus replacement service)

74

(1) Grand Opening must not take place unless Wixams station is open to the public and scheduled rail services are stopping at it, unless—

(a) the site controller has submitted for the Secretary of State’s approval an alternative temporary bus scheme to deliver visitors to the ERC from another railway station on the Midland Main Line, and

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

(2) The Secretary of State must not decide to endorse a scheme submitted under sub-paragraph (1)(a), or a modification of such a scheme after it has been endorsed, unless—

(a) the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions),

(b) having regard to the progress made in designing and delivering the permanent Wixams station facilities and services, the Secretary of State considers that the alternative temporary bus scheme would be a temporary measure, and

(c) the endorsement is, or, in the case of an endorsement of a modification, remains, subject to an endorsement condition specifying the date by which ERC operations must cease unless Wixams station is open for public use as described in sub-paragraph (1) by that date.

(3) If the Secretary of State has endorsed an alternative temporary bus scheme, it must operate until Wixams station is open for public use as described in sub-paragraph (1).

Travel plan

75

(1) Grand Opening must not take place unless—

(a) the site controller has submitted to the Secretary of State for approval a plan in accordance with sub-paragraph (2), and

(b) the Secretary of State has endorsed it.

(2) The plan must—

(a) set out the steps to be taken to secure that—

(i) in the fifth calendar year that begins after Grand Opening—

(aa) no more than 33.8 per cent of visitors, and

(bb) no more than 61 per cent of staff members,

arrive at the ERC by private car on any working day;

(ii) in the calendar year 2051—

(aa) no more than 31.9 per cent of visitors, and

(bb) no more than 62 per cent of staff members,

arrive at the ERC by private car any working day,

(“the target modal splits”), and

(b) include details of when each such step is to be taken.

(3) The plan must also include details of—

(a) measures for monitoring the means of transport used by—

(i) visitors;

(ii) staff members;

(b) arrangements for—

(i) monitoring and managing the steps taken under sub-paragraph (2)(a);

(ii) identifying what additional measures may be required to offset unacceptable impacts if the target modal splits are not met;

(iii) reviewing, and where necessary, revising, an endorsed plan;

Part 13 — Preconditions to occupation of certain authorised works

Restrictions on occupation before Grand Opening

76

(1) No occupation of class 1 authorised works may take place before the date of Grand Opening, except for—

(a) the occupation of class 1 authorised works exclusively for the purposes of training or rehearsals for staff members, demonstration, testing, research, information, publicity or community relations;

(b) such other occupation of class 1 authorised works as the site controller has specified in a programme of pre-Grand Opening occupation that—

(i) relates to a period that is to begin on or after a date specified in the programme,

(ii) the site controller has submitted to the Secretary of State for approval, and

(iii) the Secretary of State has endorsed.

(2) The Secretary of State must not decide to endorse a programme submitted under sub-paragraph (1)(b)(ii), or a modification of such a programme after it has been endorsed, unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

Public roads in Lake Zone

77

(1) No work in the Lake Zone may be occupied unless the criterion specified in sub-paragraph (2) or the criteria specified in sub-paragraph (3) are satisfied.

(2) The criterion is that—

(a) Public Road B, Segment 2 as identified on the access and roadways plan, and

(b) a shared footway and cycleway along Ampthill Road to the Interchange Retail Park, Ampthill Road, Bedford,

have been completed and are operating in accordance with a masterplan or detailed design endorsed by the Secretary of State.

(3) The criteria are that—

(a) the site controller has submitted details of an alternative temporary access arrangement to the Secretary of State for approval;

(b) the Secretary of State, having regard to the progress made towards meeting the criterion specified in sub-paragraph (2), considers that the proposed arrangement is capable of providing an appropriate temporary substitute for infrastructure referred to in sub-paragraph (2);

(c) the Secretary of State has endorsed the details subject to an endorsement condition specifying the date by which occupation of authorised works in the Lake Zone must cease if the criterion specified in sub-paragraph (2) has not been satisfied by that date;

(d) the temporary access arrangement has been implemented and is operating in accordance with the endorsed details.

(4) The Secretary of State must not decide to endorse details submitted under sub-paragraph (3)(a), or a modification of such details after they have been endorsed, unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(5) Any alternative arrangement implemented under sub-paragraph (3) must be retained in operation until the criterion specified in sub-paragraph (2) is satisfied.

Active travel

78

Authorised works in the Core Zone, East Gateway Zone or West Gateway Zone may not be occupied unless the active travel routes identified on endorsed masterplans or detailed designs relating to those zones are open for public use.

Part 14 — Transport

Traffic monitoring and management

79

(1) In this paragraph—

“evening monitoring period” means the three consecutive hours in the evening of a working day that are specified, for the purposes of a monitoring scheme, as those during which it is assumed that traffic on the local highway network is typically heaviest;

“exceedance” occurs in a reporting period if, on the specified number of days applicable to that reporting period, the aggregate number of vehicle movements recorded during a monitoring period exceeds the threshold applicable to that monitoring period by the tolerance level, or more;

“increased frequency reporting period” means the period of time specified as such in a monitoring scheme for the purposes of that monitoring scheme;

“local highway network” means the highways in the vicinity of the ERC;

“monitoring location” means a location at which vehicle movements are to be monitored for the purposes of a monitoring scheme;

“monitoring period” means a morning monitoring period or an evening monitoring period;

“morning monitoring period” means the three consecutive hours in the morning of a working day that are specified, for the purposes of a monitoring scheme, as those during which it is assumed that traffic on the local highway network is typically heaviest;

“monitoring scheme” means a scheme for monitoring the impact of the ERC’s operation on traffic flows over the local highway network at the times on working days when it is assumed that such flows are typically heaviest;

“regular reporting period” means the period of time specified as such in a monitoring scheme for the purposes of that monitoring scheme;

“reporting period” means a regular reporting period or an increased frequency reporting period;

“specified number of days” means the number of working days specified in a monitoring scheme as applicable in relation to a reporting period for the purposes of determining, under a monitoring scheme, whether an exceedance has occurred in that reporting period;

“start date” means the date on which monitoring of vehicle movements begins under a monitoring scheme;

“threshold” means a number of vehicle movements, specified in a monitoring scheme as applicable in relation to a monitoring period, for the purposes of comparison with the aggregated number of vehicle movements recorded in a monitoring period;

“tolerance level” means a percentage of a threshold, specified for the purposes of determining, under a monitoring scheme, whether an exceedance has occurred in a reporting period;

“vehicle movement” means the movement of a motor vehicle past a monitoring location as it travels towards or away from the ERC.

(2) Grand Opening must not take place unless—

(a) the site controller has submitted to the Secretary of State for approval a document setting out details of a monitoring scheme, and

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

(3) The document must specify—

(a) the monitoring locations, by reference to an OS plan;

(b) how the numbers of vehicle movements occurring in each monitoring period are to be counted and recorded;

(d) the evening monitoring period and the threshold applicable to it;

(e) the regular reporting period and the specified number of days applicable to it;

(f) the increased frequency reporting period and the specified number of days applicable to it;

(g) the tolerance level;

(h) the start date.

(4) If a monitoring scheme submitted under sub-paragraph (2)(a), or a proposed modification of such a scheme after it has been endorsed, specifies—

(a) a monitoring location other than a location within the Order land identified as such on the plan at Part B-2 (monitoring locations plan) of Appendix B of reference document 10 (travel plan), and a location at Wixams station,

(b) a morning monitoring period other than 7 am to 10 am on each working day,

(d) a threshold greater than 5,190 for the morning monitoring period or greater than 3,256 for the evening monitoring period,

(e) a regular reporting period longer than three months, or a specified number of days greater than 20 working days applicable to such a reporting period,

(f) an increased frequency reporting period longer than one month, or a specified number of days greater than 7 working days applicable to such a reporting period,

(g) a tolerance level of more than 10 per cent, or

(h) a start date later than 30 calendar days after Grand Opening,

the Secretary of State must not decide to endorse that submitted scheme or modification unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(5) The site controller must, from the start date until 1st January 2051, or such earlier date on which either of the criteria specified in sub-paragraph (8) is satisfied—

(a) record vehicle movements at the monitoring locations during each monitoring period;

(b) prepare reports in accordance with sub-paragraphs (6) and (7) (“monitoring reports”);

(c) provide each such report to the Secretary of State no later than 25 calendar days after the end of the reporting period to which the report relates.

(6) A monitoring report must state—

(a) in respect of each monitoring period—

(i) the vehicle movements recorded at each monitoring location;

(ii) the aggregate number of vehicle movements so recorded;

(iii) where the aggregate number of vehicle movements exceeded the threshold, by how much it was exceeded on each occasion, expressed as a percentage of the threshold,

on each working day during the reporting period to which the monitoring report relates;

(b) whether or not an exceedance occurred in respect of that reporting period.

(7) A monitoring report must be prepared—

(a) in relation to each regular reporting period—

(i) from the start date until an exceedance occurs in respect of such a reporting period;

(ii) after an exceedance has occurred, from the end of the third consecutive increased frequency reporting period referred to in sub-paragraph (b)(ii);

(b) in relation to each increased frequency reporting period, during any period between—

(i) the first day of the next month after the end of a regular reporting period in respect of which an exceedance occurs, and

(ii) the last day of the third consecutive increased frequency reporting period to pass without an exceedance, after the date specified in sub-paragraph (i).

(8) The criteria are that—

(a) no exceedance occurs during a period of 60 consecutive calendar months;

(b) the Secretary of State—

(i) determines that monitoring of vehicle movements under this paragraph is no longer required, and

(ii) notifies the site controller to that effect.

(9) If a monitoring report states that an exceedance has occurred, the site controller must, when it provides that report to the Secretary of State, submit to the Secretary of State for approval a plan (“management plan”) setting out—

(a) what the site controller is proposing to do to avoid or address exceedances (“management actions”);

(b) a timetable for implementing management actions;

(d) how contingencies or remedial action will be identified, agreed, and implemented if implementation of the management actions is delayed or prevented;

(e) the details of any review of applicable thresholds in light of the implementation of management actions.

(10) The site controller must use reasonable endeavours to implement an endorsed management plan.

(11) Where three consecutive monitoring reports in respect of increased frequency reporting periods state that an exceedance period has occurred despite the management actions in an endorsed management plan having been implemented—

(a) the site controller must, within 30 days of the end of the reporting period to which the last such report relates, submit a modification to the management plan setting out further management actions, for endorsement by the Secretary of State, and

(b) no seasonal event or special event may take place after the end of that reporting period until three consecutive monitoring reports state that no exceedance period has occurred.

(12) If, following the implementation of a management plan that has been modified in accordance with sub-paragraph (11)(a), another exceedance occurs, the site controller must take, or procure the taking of, such further action as—

(a) the Secretary of State may by notice to the site controller direct to be taken, and

(b) is necessary to address the matters that have caused that exceedance to occur, having regard to the circumstances that have led to its occurrence, including—

(i) the amounts by which recorded vehicle movements have exceeded thresholds, and

(ii) the timing and location of, and any patterns observable in relation to, the vehicle movements that have contributed to the thresholds being exceeded,

which may include actions relating to improvements to the transport network, or amendments to the number of seasonal events or special events.

(13) If the site controller—

(a) fails to—

(i) provide a monitoring report in accordance with sub-paragraph (5)(c), or

(ii) submit a management plan in accordance with sub-paragraph (9), and

(b) does not rectify such failure within 5 calendar days of being notified of the failure by the Secretary of State,

no seasonal event or special event may take place until the site controller has provided that report, or submitted that plan, to the Secretary of State, as the case may be.

Milton Keynes shuttle bus

80

(1) Grand Opening must not take place unless there is a bus service from Milton Keynes Central Station to the ERC and from the ERC to Milton Keynes Central Station which—

(a) operates between at least the hours of 7 am and 9 pm;

(b) during the hour on working days when the service is most heavily used is capable of—

(i) transporting at least 770 passengers per hour;

(ii) leaving the station at least 14 times.

(2) The site controller must—

(a) monitor use of the service by visitors and staff members, and

(b) no later than six months from the date of Grand Opening, submit to the Secretary of State for approval a document—

(i) confirming that the existing service provision is appropriate to meet demand, or

(ii) containing details of a revised service.

(3) If, as a result of a document submitted under sub-paragraph (2)(b)(ii), or a modification of such a document after it has been endorsed, the bus service would be revised, the Secretary of State must not decide to endorse that document or modification unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(4) The service levels set out—

(a) in sub-paragraph (1) must be maintained unless a document or modification as described in sub-paragraph (3) is endorsed;

(b) in a document submitted under sub-paragraph (2)(b)(ii) and endorsed by the Secretary of State must be maintained until a modification of it is endorsed,

by the Secretary of State, and the revised service of which that endorsed document or modification gives details has been implemented.

(5) A document submitted under sub-paragraph (2)(b) must set out the information gained from the monitoring carried out under sub-paragraph (2)(a), and, in respect of the existing service and any proposed revisions to it—

(a) routes of operation (on an OS plan);

(b) days of operation;

(i) hours of operation;

(ii) frequency of services per day of operation;

(iii) estimated capacity of the bus service;

(d) any charges to be levied on passengers.

Wixams shuttle bus

81

(1) If—

(a) Grand Opening is taking place, or has taken place, and

(b) Wixams station is open to the public and being served by scheduled rail services,

a shuttle bus service must be provided to transport visitors and staff members between the station and the ERC.

(2) The shuttle bus service must—

(a) operate between at least the hours of 7 am and 9 pm each day;

(b) during the hour on working days when the service is most heavily used be capable of—

(i) transporting at least 2,275 passengers per hour, and

(ii) leaving the station at least 35 times.

(3) The site controller must—

(a) monitor use of the service by visitors and staff members, and

(b) no later than six months from the date of Grand Opening submit to the Secretary of State for approval, a document—

(i) confirming that the existing service provision is appropriate to meet demand, or

(ii) containing details of a revised service.

(4) If, as a result of a document submitted under sub-paragraph (3)(b)(ii), or a modification of such a document after it has been endorsed, the bus service would be revised, the Secretary of State must not decide to endorse that document or modification unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(5) The service levels set out—

(a) in sub-paragraph (2) must be maintained unless a document or modification as described in sub-paragraph (4) is endorsed;

(b) in a document submitted under sub-paragraph (3)(b)(ii) and endorsed by the Secretary of State must be maintained until a modification of it is endorsed,

by the Secretary of State, and the revised service of which that endorsed document or modification gives details has been implemented.

(6) The document submitted under sub-paragraph (3)(b) must set out the information gained from the monitoring carried out under sub-paragraph (3)(a), and, in respect of the existing service and any proposed revisions to it—

(a) routes of operation (on an OS plan);

(b) days of operation;

(i) hours of operation;

(ii) frequency of services per day of operation;

(iii) estimated capacity of the bus service;

(d) any charges to be levied on passengers.

Part 15 — Fireworks, pyrotechnics and other displays

Firework displays

82

(1) In any calendar year—

(a) no more than 10 firework displays associated with the operation of the ERC may take place;

(b) no more than five firework displays may take place on a day that is not—

(i) the first day of the Chinese new year, 5th November, the day of Diwali, or 31st December, or

(ii) a day that is 7 or fewer calendar days before or after a day referred to in sub-paragraph (i).

(2) Firework displays must—

(a) not take place outside the Core Zone;

(b) be organised so that they do not present risks to any specified habitat or the wildlife in it.

(3) For the purposes of this paragraph, a “firework display” means an outdoor display involving the use of category F4 fireworks within the meaning of paragraph 4 of Schedule 1 (categories of pyrotechnic article) to the Pyrotechnic Articles (Safety) Regulations 2015[^f00068].

Drone shows

83

Outdoor drone displays—

(a) must not take place—

(i) outside the Core Zone, or

(ii) above land that is not owned or controlled by the site controller;

(b) must be so located that there are at least 50 metres of horizontal clearance between the boundaries of the area in which the drones will fly and any specified habitat.

Pyrotechnic and laser effects

84

(1) No outdoor—

(a) display of pyrotechnic effects other than a firework display as defined in condition 82(3) (firework displays), or

(b) laser display,

may take place, or result in light spill, outside the Core Zone.

(2) An outdoor display—

(a) within sub-paragraph (1)(a) must only operate in brief, intermittent bursts;

(b) that involves projections must not result in light spill outside the Core Zone.

Part 16 — Noise and vibration

Noise and vibration

85

(1) Authorised works in the ERC area must not be operated otherwise than in accordance with the noise limits set out in—

(a) section 2.1 of the environmental controls document, in respect of the utility compound;

(b) section 2.3 of the environmental controls document, in respect of other authorised works, excluding any public road or railway in the ERC area,

unless, and to the extent that, the site controller submits to the Secretary of State for approval, and the Secretary of State endorses, a schedule of noise limits that differs from those noise limits.

(2) The Secretary of State must not decide to endorse a schedule submitted under sub-paragraph (1), or a modification of such a document after it has been endorsed, unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

(3) Subject to sub-paragraph (4), the site controller must comply with—

(a) the noise modelling, measurement, monitoring, testing and reporting requirements in—

(i) section 2.2 of the environmental controls document, in respect of the utility compound;

(ii) section 2.4 of the environmental controls document, in respect of other authorised works, excluding any public road or railway in the ERC area, and

(b) the noise complaints procedure in section 2.5 of the environmental controls document.

(4) If, at any time after Grand Opening, the criteria specified in sub-paragraph (5) are satisfied, the Secretary of State may give notice to the site controller that—

(a) the Secretary of State considers it necessary or expedient, for the purposes of managing the impact on sensitive receptors identified in the environmental controls document of noise arising from authorised works in the ERC area, excluding public roads or railways, that the requirements referred to in sub-paragraph (3)(a) should be varied as regards the period or monitoring location by reference to which compliance with the noise limits referred to in sub-paragraph (1) (including any limits set out in a schedule endorsed under that sub-paragraph) is to be measured or monitored, and

(b) the measuring or monitoring arrangements are varied in accordance with the notice.

(5) The criteria are that—

(a) there has been a failure to comply with sub-paragraph (1) or (3) or it appears to the Secretary of State that, notwithstanding compliance with those sub-paragraphs, noise produced by the operation of authorised works in the ERC area, excluding public roads or railways, is having unacceptable impacts on sensitive receptors identified in the environmental controls document, and

(b) the Secretary of State has engaged with the site controller in relation to the impacts referred to in paragraph (a) and possible ways of addressing them other than by giving a notice under sub-paragraph (4) and such engagement has not resulted in mitigation of those impacts.

(6) For the purposes of sub-paragraphs (1)(b) and (3)(b), any reference in section 2.3 or 2.4 of the environmental controls document to the Core Zone is to be read as referring to the whole of the ERC other than the utility compound.

Seasonal events and special events

86

(1) This paragraph applies in respect of any calendar day (“relevant day”) that immediately follows a calendar day on which the ticketed area remains open to visitors after 11 pm.

(2) The site controller must ensure that no amplified music is broadcast to visitors outdoors in the ticketed area between 0.30 am and the first time on a relevant day when the ticketed area closes to visitors, as defined in condition 89(7) (opening hours), except in accordance with a document that—

(a) describes the steps to be taken to ensure that any amplified music that is so broadcast does not disturb people in dwellings outside the ticketed area, and

(b) has been—

(i) submitted to the Secretary of State for approval, and

(ii) endorsed by the Secretary of State.

(3) The Secretary of State must not decide to endorse a document submitted under sub-paragraph (2), or a modification of such a document, unless the Secretary of State is satisfied that that decision meets the condition specified in article 7(7) (modification of reference documents, controlling documents and endorsement conditions).

Hotels

87

(1) Any hotel forming part of the ERC must be designed and operated so as not to exceed the guideline internal noise levels referenced in British Standard BS 8233:2014[^f00069].

(2) The plant room of any such hotel—

(a) must be designed having had regard to the guidance set out in CIBSE Guide B4[^f00070], and

(b) if and to the extent that that guidance indicates that vibration isolation measures are to be provided, must be constructed so as to incorporate such measures.

1 and 2 Vine Cottages

88

The proposed realignment of Manor Road may not be opened as a public road unless—

(a) the dwellings on Manor Road known as 1 and 2 Vine Cottages have been demolished, or

(b) a material change in the use of those dwellings has been made as referred to in article 4(2)(b) (grant of planning permission).

Part 17 — Miscellaneous

Opening hours

89

(1) After Grand Opening, the times during which the ticketed area is open to visitors must comply with this paragraph.

(2) Subject to sub-paragraphs (2) to (6), on any calendar day, the ticketed area must not—

(a) open to visitors earlier than 7 am;

(b) close to visitors later than 11 pm.

(3) On up to 30 occasions in a calendar year when a special event takes place in the ticketed area, that area, having opened to visitors on one calendar day, may remain open to visitors after 11 pm on that calendar day, but must close no later than 1 am on the next calendar day.

(4) Subject to sub-paragraphs (5) and (6), on up to 65 occasions in a calendar year when a seasonal event takes place in the ticketed area, that area, having opened to visitors on one calendar day (the “seasonal event start date”) may remain open to visitors after 11 pm on the seasonal event start date.

(5) On five occasions where—

(a) the ticketed area remains open to visitors after 11 pm on a seasonal event start date under sub-paragraph (4), and

(b) the seasonal event start date is within 7 calendar days of the first day of the Chinese new year, 5th November, the day of Diwali, or 25th or 31st December,

the ticketed area must close to visitors no later than 1 am on the calendar day following the seasonal event start date.

(6) On all other occasions where the ticketed area remains open to visitors after 11 pm on a seasonal event start date under sub-paragraph (4), the ticketed area must close to visitors no later than 2 am on the calendar day following the seasonal event start date.

(7) For the purposes of this paragraph, the time when the ticketed area closes to visitors is the time by which all visitors are required to have left the ticketed area.

Employment and skills

90

The site controller must implement the commitments in relation to employment and skills set out in Table 7-1 (employment and skills commitments) and paragraph 7.3.5 of section 7 of the environmental controls document.

SCHEDULE 4 — Maximum height parameter tables

Authorised works on or over land that is located between 30 and 75 metres south of the public road boundary described in height control 5, of which any part that exceeds a height of 30 metres AGL or 66.3 metres AOD—

(a) consists solely of attraction overlay, and

(b) is constructed after one or both of the following conditions are met in respect of each dwelling that is present in expansion area A, expansion area B, or expansion area C at the date on which this Order is made—

(i) the dwelling has been demolished;

(ii) a material change in the use of the dwelling has been made as referred to in article 4(2)(b) (grant of planning permission)

This height control does not apply to a grade separated crossing.

Signed

Signed by the Secretary of State for Housing, Communities and Local Government

Steve Reed — Secretary of State — Ministry of Housing, Communities and Local Government — 15th December 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order grants planning permission for development in, on, under or over certain land near Bedford (the “Order land”). The Order land is shown on a map, a copy of which is available for inspection, by appointment, at the Ministry of Housing, Communities and Local Government, 2 Marsham Street, London, SW1P 4DF, and online fromwww.gov.uk.

This Order revokes the Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development Order 2025 (S.I. 2025/1315) before it would have come into force. The Order is otherwise materially the same as the Order revoked, but typographical errors and other defects have been corrected. The Order is being issued free of charge to all known recipients of S.I. 2025/1315.

The Order has been made to enable an entertainment resort complex to be constructed and operated on the Order land (“the ERC”). As the ERC is expected to evolve continuously over time, the permission granted is for classes of development, described in Schedule 2, which between them cover the range of facilities and infrastructure that would be comprised in an ERC.

Each class of development permitted covers both material changes in the use of buildings or other land, and a wide range of building, engineering and other operations carried out in relation to specified categories of “work”, including buildings, structures, facilities, infrastructure and spaces that result from development.

Planning permission granted by the Order is subject to conditions set out in Schedule 3, which are supplemented by a series of controls on the height of works set out in Schedule 4. A number of the conditions in Schedule 3 refer to documents submitted to the Secretary of State before the making of the Order (“reference documents”), which are listed in Schedule 1), or provide for documents to be submitted for subsequent approval or validation (“endorsement”) by the Secretary of State (as “submission documents”) before certain development can be carried out.

When endorsed, submission documents become “controlling documents”, which must be complied with in respect of the development authorised by the Order. When endorsing submission documents, or endorsing amendments or variations to, or replacements of controlling documents or reference documents (“modifications”), the Secretary of State may impose further conditions, and these may be subsequently modified. The procedure for endorsement is set out in articles 6 and 7. Article 8 provides for reference documents and controlling documents, and the notices given by the Secretary of State under articles 6 and 7, to be made publicly available.

A full regulatory impact assessment has not been produced for this instrument: as the instrument does not regulate business activity, it is not in the scope of the Government’s Better Regulation Framework.

For illustrative purposes only a plan of the land to which this Order applies is appended below.

Footnotes

[^f00001]: 1990 c. 8. Section 60 was amended by section 4(1) of the Growth and Infrastructure Act 2013 (c. 27) and section 152(1) of the Housing and Planning Act 2016 (c. 22). There are other amending instruments but none is relevant.

[^f00002]: S.I. 2025/1315.

[^f00003]: 2006 c. 46.

[^f00004]: 1986 c. 45, amended by the Civil Partnership Act 2004 (c. 33), schedule 27, paragraph 122, and S.I. 2005/3129, 2009/1941 and 2016/1034.

[^f00005]: Ordnance Datum Newlyn forms the reference frame for heights above mean sea level (orthometric heights) in Great Britain. See further Ordnance Survey, A Guide to Coordinate Systems in Great Britain (2020), section 5.3, available at https://www.ordnancesurvey.co.uk/documents/resources/guide-coordinate-systems-great-britain.pdf.

[^f00006]: “Development” is defined in section 55 of the Town and Country Planning Act 1990 (c. 8), which was amended by sections 13(1) and (2), 14 and 31(4) of, and paragraph 9 of Schedule 6 to, the Planning and Compensation Act 1991 (c. 34); by sections 118(1) and 120 of, and paragraphs 1 and 2 of Schedule 6 to, and paragraph 1 of Schedule 9 to, the Planning and Compulsory Purchase Act 2004 (c. 34), and by S.I. 1999/293. There are other amending instruments but none is relevant.

[^f00007]: S.I. 2017/407. Schedule 1 was amended by S.I. 2019/558 and 2025/82; there are other amending instruments but none is relevant.

[^f00008]: 2018 c. 18.

[^f00009]: 2010 c. 29.

[^f00010]: S.I. 2017/571, amended by S.I. 2017/1012, 2018/575, 2018/695, 2018/834, 2018/1232, 2020/505, 2020/904, 2025/82, 2025/412.

[^f00011]: 1999 c. 24, amended by S.I. 2018/942.

[^f00012]: The Environmental Statement and other documents were published at https://www.gov.uk/government/collections/request-for-planning-permission-entertainment-resort-complex-bedford.

[^f00013]: 1986 c. 44.

[^f00014]: S.I. 2017/1012, amended by S.I. 2018/1307, 2019/295, 2019/579, 2019/1354, 2020/94, 2021/77, 2022/858, 2025/412, by the Environment Act 2021 (c. 30), section 111(6), and by the Levelling-up and Regeneration Act 2023 (c. 55), section 101 and Schedule 8, paragraphs 37 to 40, section 106(3) and Schedule 9, paragraph 4, and section 169 and Schedule 15.

[^f00015]: 1980 c. 66, amended by the Local Government Act 1985 (c. 51), section 8 and Schedule 4, paragraph 1, the New Roads and Street Works Act 1991 (c. 22), section 21(2), and the Infrastructure Act 2015 (c. 7), section 1(6) and Schedule 1, paragraphs 1 and 2.

[^f00016]: The railway line that runs between Bletchley and Bedford.

[^f00017]: 1988 c. 52.

[^f00018]: 1992 c. 42.

[^f00019]: 1990 c. 43. Section 78A was inserted by the Environment Act 1995 (c. 25), section 57 and amended by the Water Act 2003 (c. 37), section 86(1) and (2); there are other amending instruments but none is relevant.

[^f00020]: 2015 c. 7; Highways England Company Limited (registered company number 09346363) was appointed by S.I. 2015/376, which was amended by S.I. 2023/677 to change that name to National Highways Limited.

[^f00021]: 2006 c. 46.

[^f00022]: 1991 c. 59.

[^f00023]: The railway line that runs from London St. Pancras to Sheffield.

[^f00024]: S.I. 2015/596, amended by S.I. 2016/332, 2016/765, 2016/1040, 2016/1154, 2017/391, 2017/571, 2017/619, 2017/1011, 2017/1012, 2018/119, 2018/343, 2018/695, 2019/907, 2020/330, 2020/412, 2020/632, 2020/755, 2020/756, 2020/1243, 2020/1459, 2021/428, 2021/467, 2021/814, 2021/1464, 2022/278, 2022/634, 2023/98, 2023/368, 2023/747, 2023/1110, 2023/1279, 2024/141, 2024/579, 2024/1139, 2025/412, 2025/560.

[^f00025]: Details can be accessed from Bedford Borough Council at Bedford Borough Hub, 2 Horne Lane, Bedford, MK40 1RA, or by searching under the reference number from the relevant part of Bedford Borough Council’s website at https://publicaccess.bedford.gov.uk/online-applications/search.do?action=advanced.

[^f00026]: S.I. 2015/595, amended by the Business and Planning Act 2020 (c. 16), sections 16(5), 17(5) and 18(5), and S.I. 2016/873, 2016/912, 2017/402, 2017/571, 2017/1012, 2017/1013, 2017/1243, 2017/1309, 2018/119, 2018/695, 2018/1234, 2020/505, 2021/746, 2021/814, 2022/634, 2023/142, 2023/747, 2023/1071, 2023/1279, 2024/50, 2024/453, 2025/412.

[^f00027]: Copies may be obtained from the Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR and are available at https://www.gov.uk/government/publications/east-west-rail-safeguarding-directions.

[^f00028]: “Building operations” are defined in section 55(1A) of the Town and Country Planning Act 1990 (c.8) and “engineering operations” are defined in section 336(1) of that Act.

[^f00029]: This will be within www.gov.uk, and capable of being located from its search page.

[^f00030]: At the date on which this order is made, located at 2 Marsham Street, London SW1P 4DF.

[^f00031]: Reference document 14 was submitted to the Secretary of State in six “parts”. On their covers, these are marked respectively “Part 1/6”, “Part 2/6”, and so on, but they share a single original reference number (4.12.1.0). Only the first of these parts is referred to in this Order.

[^f00032]: Reference document 22 was submitted to the Secretary of State in two “parts”. On their covers, these are marked respectively “Part 1/2” and “Part 2/2”, but they share a single original reference number (6.16.0). Both parts are referred to in this Order. Part 2 consists entirely of Appendix D (tree removal and protection plan).

[^f00033]: S.I. 2015/1553.

[^f00034]: 1993 c. 43.

[^f00035]: 1989 c. 29; section 4(4) was amended by the Energy Act 2004 (c. 20), section 135(4) and the Utilities Act 2000 (c. 27), section 28(3)(a). There are other amending instruments but none is relevant.

[^f00036]: 1986 c. 44; section 5(10) was amended by section 149(3) of the Energy Act 2004 (c. 20).

[^f00037]: 2023 c. 52.

[^f00038]: S.I. 2017/407. Schedule 1 was amended by S.I. 2019/558 and 2025/82; there are other amending instruments but none is relevant.

[^f00039]: 2010 c. 29.

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