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The M25 Junction 28 Development Consent Order 2022

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART 2 PRINCIPAL POWERS

    1. 3.Development consent etc. granted by the Order

    2. 4.Maintenance of authorised development

    3. 5.Maintenance of drainage works

    4. 6.Planning permission

    5. 7.Limits of deviation

    6. 8.Benefit of Order

    7. 9.Consent to transfer benefit of Order

  4. PART 3 STREETS

    1. 10.Application of the 1991 Act

    2. 11.Construction and maintenance of new, altered or diverted streets and other structures

    3. 12.Access to works

    4. 13.Temporary stopping up and restriction of use of streets

    5. 14.Use of private roads

    6. 15.Permanent stopping up of streets

    7. 16.Classification of roads, etc.

    8. 17.Clearways

    9. 18.Traffic regulation

  5. PART 4 SUPPLEMENTAL POWERS

    1. 19.Discharge of water

    2. 20.Powers in relation to watercourses

    3. 21.Protective work to buildings

    4. 22.Authority to survey and investigate the land

    5. 23.Felling or lopping of trees and removal of hedgerows

    6. 24.Trees subject to tree preservation orders

  6. PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

    1. 25.Compulsory acquisition of land

    2. 26.Compulsory acquisition of land – incorporation of the mineral code

    3. 27.Time limit for exercise of authority to acquire land compulsorily

    4. 28.Compulsory acquisition of rights and imposition of restrictive covenants

    5. 29.Private rights over land

    6. 30.Modification of Part 1 of the 1965 Act

    7. 31.Application of the 1981 Act

    8. 32.Acquisition of subsoil or airspace only

    9. 33.Rights under or over streets

    10. 34.Temporary use of land for carrying out the authorised development

    11. 35.Temporary use of land for maintaining the authorised development

    12. 36.Crown rights

    13. 37.Statutory undertakers

    14. 38.Apparatus and rights of statutory undertakers in stopped up streets

    15. 39.Recovery of costs of new connections

    16. 40.Special category land

  7. PART 6 MISCELLANEOUS AND GENERAL

    1. 41.Application of landlord and tenant law

    2. 42.Operational land for purposes of the 1990 Act

    3. 43.Defence to proceedings in respect of statutory nuisance

    4. 44.Protection of interests

    5. 45.Certification of documents, etc.

    6. 46.Service of notices

    7. 47.Disapplication of legislative provisions

    8. 48.Amendment of local legislation

    9. 49.No double recovery

    10. 50.Disregard of certain improvements etc.

    11. 51.Set off for enhancement in value of retained land

    12. 52.Appeals relating to the Control of Pollution Act 1974

    13. 53.Arbitration

  8. Signature

  9. SCHEDULES

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Detailed design

        4. 4.Construction Environmental Management Plan

        5. 5.Landscaping

        6. 6.Contaminated land and groundwater

        7. 7.Protected species

        8. 8.Surface and foul water drainage

        9. 9.Archaeological remains

        10. 10.Traffic management

        11. 11.Trees

        12. 12.Approvals and amendments to approved details

        13. 13.Fencing

        14. 14.Operation of M25 Junction 28 Roundabout

        15. 15.Maylands Golf Course accommodation works

        16. 16.Grove Farm

        17. 17.Non-motorised users’ route

        18. 18.Code of construction practice

        19. 19.Gardens of Peace Muslim Cemetery

      2. PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

        1. 20.Applications made under requirements

        2. 21.Further information

        3. 22.Register of requirements

        4. 23.Anticipatory steps towards compliance with any requirement

        5. 24.Details of consultation

    3. SCHEDULE 3

      PERMANENT STOPPING UP OF STREETS

      1. PART 1 HIGHWAYS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

      2. PART 2 PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

    4. SCHEDULE 4

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 SPECIAL ROADS

      2. PART 2 TRANSPORT FOR LONDON ROAD NETWORK

      3. PART 3 TRUNK ROADS

      4. PART 4 SPEED LIMITS

      5. PART 5 TRAFFIC REGULATION MEASURES (CLEARWAYS)

      6. PART 6 OTHER PUBLIC RIGHTS OF WAY

    5. SCHEDULE 5

      TREES SUBJECT TO TREE PRESERVATION ORDERS

    6. SCHEDULE 6

      LAND IN WHICH NEW RIGHTS ONLY ETC. MAY BE ACQUIRED

    7. SCHEDULE 7

      MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

      1. Compensation enactments

        1. 1.The enactments for the time being in force with respect...

        2. 2.(1) Without limitation on the scope of paragraph 1, the...

        3. 3.(1) Without limitation on the scope of paragraph 1, the...

      2. Application of the 1965 Act

        1. 4.Part 1 of the 1965 Act as applied by section...

        2. 5.(1) The modification referred to in paragraph 4(a) are as...

    8. SCHEDULE 8

      LAND OF WHICH TEMPORARY POSSESSION ONLY MAY BE TAKEN

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

      1. PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

        1. Application

          1. 1.For the protection of the utility undertakers referred to in...

        2. Interpretation

          1. 2.In this Part of this Schedule— “alternative apparatus” means alternative...

        3. On street apparatus

          1. 3.This Part of this Schedule does not apply to apparatus...

        4. Apparatus in stopped up streets

          1. 4.(1) Where any street is stopped up under article 15...

        5. Protective works to buildings

          1. 5.The undertaker, in the case of the powers conferred by...

        6. Acquisition of land

          1. 6.Regardless of any provision in this Order or anything shown...

        7. Removal of apparatus

          1. 7.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 8.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus

          1. 9.(1) Not less than 28 days before starting the execution...

        10. Expenses and costs

          1. 10.(1) Subject to the following provisions of this paragraph, the...

          2. 11.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        11. Co-operation

          1. 12.Where in consequence of the proposed construction of any of...

          2. 13.Nothing in this Part of this Schedule affects the provisions...

      2. PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

        1. 14.For the protection of any operator, the following provisions have...

        2. 15.In this Part of this Schedule— “the 2003 Act” means...

        3. 16.The exercise of the powers conferred by article 37 (statutory...

        4. 17.(1) Subject to sub-paragraphs (2) to (4), if as the...

      3. PART 3 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

        1. 18.(1) The following provisions will apply for the protection of...

        2. 19.(1) Before beginning to construct any specified work, the undertaker...

        3. 20.Without limiting paragraph 19, the requirements which the Agency may...

        4. 21.(1) Subject to sub-paragraph (2), any specified work, and all...

        5. 22.(1) Subject to sub-paragraph (6) the undertaker must from the...

        6. 23.If by reason of the construction of any specified work...

        7. 24.If by reason of construction of the specified work the...

        8. 25.(1) The undertaker must take all such measures as may...

        9. 26.The undertaker must repay to the Agency all reasonable costs,...

        10. 27.(1) The undertaker must make reasonable compensation for costs and...

        11. 28.Any dispute arising between the undertaker and the Agency under...

      4. PART 4 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

        1. 29.The following provisions of this Part of this Schedule apply...

        2. 30.In this Part of this Schedule— “construction” includes execution, placing,...

        3. 31.(1) Before beginning to construct any specified work in relation...

        4. 32.The requirements or conditions which the drainage authority may make...

        5. 33.(1) Any specified work in relation to a key watercourse,...

        6. 34.(1) Subject to sub-paragraph (6), from the commencement of the...

        7. 35.(1) The undertaker must make reasonable compensation for costs, charges...

        8. 36.Any dispute arising between the undertaker and the drainage authority...

      5. PART 5 FOR THE PROTECTION OF NATIONAL GRID AS ELECTRICITY AND GAS UNDERTAKER

        1. Application

          1. 37.(1) For the protection of National Grid as referred to...

        2. Interpretation

          1. 38.In this Part of this Schedule— “alternative apparatus” means appropriate...

          2. 39.Except for paragraphs 40 (apparatus of National Grid in stopped...

        3. Apparatus of National Grid in stopped up streets

          1. 40.(1) Where any street is stopped up under article 15...

        4. Protective works to buildings

          1. 41.The undertaker must exercise the powers conferred by article 21...

        5. Acquisition of land

          1. 42.(1) Regardless of any provision in this Order or anything...

        6. Removal of apparatus

          1. 43.(1) If, in the exercise of the powers conferred by...

        7. Facilities and rights for alternative apparatus

          1. 44.(1) Where, in accordance with the provisions of this Part...

        8. Retained apparatus: protection of electricity undertaker

          1. 45.(1) Not less than 56 days before the commencement of...

        9. Retained apparatus: protection of gas undertaker

          1. 46.(1) Not less than 56 days before the commencement of...

        10. Expenses

          1. 47.(1) Subject to the following provisions of this paragraph, the...

        11. Indemnity

          1. 48.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 49.Nothing in this Part of this Schedule affects the provisions...

        13. Co-operation

          1. 50.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 51.If in consequence of the agreement reached in accordance with...

        15. Arbitration

          1. 52.Save for differences or disputes arising under paragraphs 43(2), 43(4)...

        16. Notices

          1. 53.Notwithstanding article 46 (service of notices), any plans submitted to...

      6. PART 6 FOR THE PROTECTION OF CADENT GAS LIMITED

        1. Application

          1. 54.For the protection of Cadent the following provisions will, unless...

        2. Interpretation

          1. 55.In this Part of this Schedule— “alternative apparatus” means appropriate...

        3. On Street apparatus

          1. 56.(1) This Part of this Schedule does not apply to...

        4. Apparatus of Cadent in stopped up streets

          1. 57.(1) Where any street is stopped up under article 15...

        5. Protective works to buildings

          1. 58.The undertaker must exercise the powers conferred by article 21...

        6. Acquisition of land

          1. 59.(1) Regardless of any provision in this Order or anything...

        7. Removal of apparatus

          1. 60.(1) If, in the exercise of the powers conferred by...

        8. Facilities and rights for alternative apparatus

          1. 61.(1) Where, in accordance with the provisions of this Part...

        9. Retained apparatus: protection of Cadent

          1. 62.(1) Not less than 56 days before the commencement of...

        10. Expenses

          1. 63.(1) Subject to the following provisions of this paragraph, the...

        11. Indemnity

          1. 64.(1) Subject to sub-paragraphs (2) and (3), if by reason...

        12. Enactments and agreements

          1. 65.Except where this Part of this Schedule provides otherwise, nothing...

        13. Co-operation

          1. 66.(1) Where in consequence of the proposed construction of any...

        14. Access

          1. 67.If in consequence of any agreement reached in accordance with...

        15. Arbitration

          1. 68.Save for differences or disputes arising under sub-paragraphs 60(2) and...

        16. Notices

          1. 69.Notwithstanding article 46 (service of notices) any plans submitted to...

      7. PART 7 FOR THE PROTECTION OF TRANSPORT FOR LONDON

        1. Application

          1. 70.The provisions of this Part of this Schedule have effect...

        2. Interpretation

          1. 71.In this Part of this Schedule— “Commuted Sum” means the...

        3. Costs

          1. 72.The undertaker must pay to Transport for London in respect...

        4. Commuted Sum

          1. 73.(1) The undertaker must use reasonable endeavours to agree with...

        5. Disputes

          1. 74.Any difference arising between the undertaker and Transport for London...

    10. SCHEDULE 10

      DOCUMENTS TO BE CERTIFIED

  10. Explanatory Note

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