The A66 Northern Trans-Pennine Development Consent Order 2024

Made: 7th March 2024

Coming into force: 28th March 2024

The Secretary of State, in exercise of the powers conferred by sections 114[^f00004], 115[^f00005], 117[^f00006], 120[^f00007], 122[^f00008], 123[^f00009] and 131[^f00010] of, and paragraphs 1 to 4, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5[^f00011] to, the 2008 Act, makes the following Order—

PART 1 — PRELIMINARY

Citation and commencement

1

This Order may be cited as the A66 Northern Trans-Pennine Development Consent Order 2024 and comes into force on 28th March 2024.

Interpretation

2

• (1) In this Order—

• “the 1961 Act” means the Land Compensation Act 1961[^f00012];

• “the 1965 Act” means the Compulsory Purchase Act 1965[^f00013];

• “the 1980 Act” means the Highways Act 1980[^f00014];

• “the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00015];

• “the 1984 Act” means the Road Traffic Regulation Act 1984[^f00016];

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00017];

• “the 1991 Act” means the New Roads and Street Works Act 1991[^f00018];

• “the 2004 Act” means the Traffic Management Act 2004[^f00019];

• “the 2008 Act” means the Planning Act 2008[^f00020];

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

• “apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

• “authorised development” means the development and associated development described in Schedule 1 (authorised development) or any part of it and any other development authorised by this Order, which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

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

• “bridleway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act and, in relation to the authorised development, includes the right provided by section 30 (riding of pedal bicycles on bridleways) of the Countryside Act 1968[^f00021];

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

• “byway open to all traffic” has the same meaning as in section 66(1) (interpretation of Part 3) of the Wildlife and Countryside Act 1981[^f00022];

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

• “classification of roads plans” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the classification of roads plans for the purposes of this Order;

• “construct” includes execute, place, alter, replace, relay and remove and “construction” is to be construed accordingly;

• “Crown land plans” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the Crown land plans for the purposes of this Order;

• “cycle track” means a way constituting a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988[^f00023]) with a right of way on foot;

• “cycleway” means a way comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988) with a right of way on foot;

• “design principles” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the design principles for the purposes of this Order;

• “de-trunking plans” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the de-trunking plans for the purposes of this Order;

• “earthworks” means any embankment or cutting slope required to raise or lower a road from existing ground levels;

• “electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means but while in electronic form, and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services) of the Communications Act 2003[^f00024];

• “engineering section drawings: cross sections” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the engineering section drawings: cross sections for the purposes of this Order;

• “engineering section drawings: plan and profiles” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the engineering section drawings: plan and profiles for the purposes of this Order;

• “environmental statement” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the environmental statement for the purposes of this Order;

• “equestrian track” means a way comprised in a highway, being a way over which the public have the following, but no other rights of way, that is to say a right of way on horseback or leading a horse, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988 and a right of way on foot;

• “flood risk activity” has the same meaning as in regulation 2 (interpretation: general) of the Environmental Permitting (England and Wales) Regulations 2016[^f00025];

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

• “highway”, “highway authority” and “local highway authority” respectively have the same meaning as in section 328 (meaning of “highway”), section 1 (highways authorities: general provision) and section 329(1) of the 1980 Act;

• “land plans” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the land plans for the purposes of this Order;

• “limits of deviation” means limits of deviation referred to in article 7 (limits of deviation);

• “maintain” includes inspect, repair, adjust, alter, remove, replace or reconstruct, provided such works do not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement, and any derivative of “maintain” is to be construed accordingly;

• “Order land” means the land shown coloured pink and the land shown coloured blue on the land plans, and which is described in the book of reference;

• “Order limits” means the limits of land to be acquired permanently or used temporarily as shown on the land plans, and the limits of land within which the authorised development, as shown on the works plans, may be carried out;

• “owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[^f00026];

• “relevant planning authority” means the local planning authority for the area in which the land to which the relevant provision of this Order applies is situated;

• “rights of way and access plans” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;

• “scheme 0102” means M6 Junction 40 to Kemplay Bank;

• “scheme 03” means Penrith to Temple Sowerby;

• “scheme 0405” means Temple Sowerby to Appleby;

• “scheme 06” means Appleby to Brough;

• “scheme 07” means Bowes Bypass;

• “scheme 08” means Cross Lanes to Rokeby;

• “scheme 09” means Stephen Bank to Carkin Moor;

• “scheme 11” means A1(M) Junction 53 Scotch Corner;

• “special category land plans” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the special category land plans for the purposes of this Order;

• “special road” means a highway which is a special road in accordance with section 16[^f00027] (general provisions as to special roads) of the 1980 Act or by virtue of an order granting development consent;

• “statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

• “street” means a street within the meaning of section 48[^f00028] (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways;

• “street authority”, in relation to a street, has the same meaning as in section 49[^f00029] (the street authority and other relevant authorities) of the 1991 Act;

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

• “traffic officer” means an individual designated under section 2 (designation of traffic officers) of the 2004 Act;

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

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

• “tree preservation order trees location plans” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the tree preservation order trees location plans for the purposes of this Order;

• “tribunal” means the Lands Chamber of the Upper Tribunal;

• “trunk road” means a highway which is a trunk road by virtue of— section 10[^f00031] (general provision as to trunk roads) or 19(1)[^f00032] (certain special roads and other highways to become trunk roads) of the 1980 Act; an order made or direction given under section 10 of that Act; an order granting development consent; or any other enactment;

• “watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain;

• “undertaker” means National Highways Limited (company number 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ; and

• “works plans” means the document of that description listed in Schedule 10 and certified by the Secretary of State as the works plans for the purposes of this Order.

• (2) References in this Order to rights over land include references to rights to do or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

• (3) All distances, directions, areas and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

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

• (5) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the plan to which the reference relates.

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

• (7) In this Order, references to materially new or materially different environmental effects in comparison with those reported in the environmental statement are not to be construed so as to include the avoidance, removal or reduction of an assessed adverse environmental effect or a positive environmental effect, or the increase of an assessed positive environmental effect.

Disapplication of legislative provisions

3

• (1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction, operation or maintenance of the authorised development—

• (a) section 28E (duties in relation to sites of scientific interest) of the Wildlife and Countryside Act 1981[^f00033];

• (b) section 28H[^f00034] (statutory undertakers, etc.: duty in relation to carrying out operations) of the Wildlife and Countryside Act 1981;

• (c) section 80 (notice to local authority of intended demolition) of the Building Act 1984[^f00035];

• (d) section 23 (prohibition of obstructions etc. in watercourses) of the Land Drainage Act 1991[^f00036];

• (e) section 32 (variation of awards) of the Land Drainage Act 1991;

• (f) the provisions of any byelaws made under section 66 (powers to make byelaws)[^f00037] of the Land Drainage Act 1991;

• (g) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6, or 6A of Schedule 25 (byelaw-making powers of the appropriate agency) to the Water Resources Act 1991[^f00038];

• (h) regulation 12 (requirement for an environmental permit) of the Environmental Permitting (England & Wales) Regulations 2016[^f00039] in respect of a flood risk activity only; and

• (i) the provisions of the Neighbourhood Planning Act 2017[^f00040] in so far as they relate to temporary possession of land under articles 29 (temporary use of land for constructing the authorised development) and 30 (temporary use of land for maintaining the authorised development) of this Order.

• (2) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010[^f00041] any building comprised in the authorised development is deemed to be—

• (a) a building into which people do not normally go; or

• (b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

• (3) For the purposes of section 9 (requirement of licence for felling) of the Forestry Act 1967[^f00042], any felling comprised in the carrying out of any work or operation required for the purposes of, or in connection with, the construction of the authorised development is deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act.

• (4) The provisions of the following enactments do not apply in so far as those provisions still in force are incompatible with the exercise by the undertaker of the functions conferred by this Order—

• (a) The Eden Valley Railway Act 1858[^f00043];

• (b) The Eden Valley Railway Act 1862[^f00044]; and

• (c) The Midland Railway (Settle to Carlisle) Act 1866[^f00045].

PART 2 — WORKS PROVISIONS

Principal powers

Development consent, etc. granted by the Order

4

• (1) Subject to the provisions of this Order the undertaker is granted development consent for the authorised development.

• (2) Any enactment applying to land within or adjacent to the Order limits has effect subject to the provisions of this Order.

Maintenance of the authorised development

5

The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Planning permission

6

• (1) It does not constitute a breach of the terms of this Order if, following the coming into force of this Order, any development is carried out or used within the Order limits in accordance with any planning permission granted under the powers conferred by the 1990 Act.

• (2) Subject to article 8 (application of the 1991 Act), nothing in this Order is to prejudice the operation of, and the powers and duties of the undertaker under, the 1980 Act, the 1991 Act and the Town and Country Planning (General Permitted Development) (England) Order 2015[^f00046].

Limits of deviation

7

• (1) The following provisions of this article have effect subject to the requirement that the undertaker must, save for any works or operations authorised under articles 14 (protective works to buildings) or 15 (authority to survey and investigate land), construct the authorised development within the Order limits.

• (2) In constructing and maintaining the non-linear works comprised in the authorised development, the undertaker may deviate laterally within the limits of deviation for those works shown on the works plans.