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The M5 Junction 10 Development Consent Order 2025

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Disapplication of legislative provisions

    4. 4.Maintenance of drainage works

  3. PART 2 PRINCIPAL POWERS

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

    2. 6.Maintenance of authorised development

    3. 7.Planning permission

    4. 8.Limits of deviation

    5. 9.Benefit of Order

    6. 10.Consent to transfer benefit of Order

  4. PART 3 STREETS

    1. 11.Street works

    2. 12.Application of the 1991 Act

    3. 13.Construction and maintenance of new, altered or diverted streets and other structures

    4. 14.Classification of roads, etc.

    5. 15.Temporary stopping up and restriction of use of streets

    6. 16.Permanent stopping up and restriction of use of streets and private means of access

    7. 17.Access to works

  5. PART 4 SUPPLEMENTAL POWERS

    1. 18.Discharge of water

    2. 19.Protective works to buildings

    3. 20.Authority to survey and investigate the land

  6. PART 5 POWERS OF ACQUISITION

    1. 21.Compulsory acquisition of land

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

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

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

    5. 25.Public rights of way

    6. 26.Private rights over land

    7. 27.Modification of Part 1 of the 1965 Act

    8. 28.Application of the 1981 Act

    9. 29.Acquisition of subsoil or airspace only

    10. 30.Rights under or over streets

    11. 31.Temporary use of land for carrying out the authorised development

    12. 32.Temporary use of land for maintaining the authorised development

    13. 33.Statutory undertakers

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

    15. 35.Recovery of costs of new connections

  7. PART 6 OPERATIONS

    1. 36.Felling or lopping of trees and removal of hedgerows

    2. 37.Trees subject to tree preservation orders

    3. 38.Removal of human remains

  8. PART 7 MISCELLANEOUS AND GENERAL

    1. 39.Application of landlord and tenant law

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

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

    4. 42.Protective provisions

    5. 43.Crown Rights

    6. 44.Certification of plans etc.

    7. 45.Service of notices

    8. 46.Arbitration

  9. Signature

    1. SCHEDULE 1

      AUTHORISED DEVELOPMENT

      1. In the administrative areas of Gloucestershire County Council, Cheltenham Borough Council and Tewkesbury Borough Council

    2. SCHEDULE 2

      REQUIREMENTS

      1. PART 1 REQUIREMENTS

        1. 1.Interpretation

        2. 2.Time limits

        3. 3.Environmental Management Plan

        4. 4.Details of consultation

        5. 5.Landscaping

        6. 6.Implementation and maintenance of landscaping

        7. 7.Fencing

        8. 8.Land and groundwater contamination

        9. 9.Archaeology

        10. 10.Protected species

        11. 11.Detailed design

        12. 12.Surface water drainage

        13. 13.Flood compensation and flood storage

        14. 14.Flood risk assessment

        15. 15.Noise Mitigation

        16. 16.Highway lighting

        17. 17.Building and construction materials – highways

        18. 18.Building and construction materials – structures

        19. 19.Approvals and amendments to approved details

      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

    3. SCHEDULE 3

      CLASSIFICATION OF ROADS, ETC.

      1. PART 1 SPECIAL ROADS

      2. PART 2 CLASSIFIED ROADS

      3. PART 3 UNCLASSIFIED ROADS

      4. PART 4 SPEED LIMITS

      5. PART 5 TRAFFIC REGULATION MEASURES

      6. PART 6 REVOCATIONS AND VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

      7. PART 7 PUBLIC RIGHTS OF WAY

    4. SCHEDULE 4

      PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS AND PROVISION OF NEW HIGHWAYS AND PRIVATE MEANS OF ACCESS

      1. PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTES IS TO BE PROVIDED

      2. PART 2 HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

      3. PART 3 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS PROVIDED

      4. PART 4 PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

    5. SCHEDULE 5

      LAND IN WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

    6. SCHEDULE 6

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

      1. 1.Compensation enactments

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

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

      4. 4.Application of Part 1 of the 1965 Act

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

    7. SCHEDULE 7

      LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

    8. SCHEDULE 8

      TREES SUBJECT TO TREE PRESERVATION ORDERS

    9. SCHEDULE 9

      PROTECTIVE PROVISIONS

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

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

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

        3. 3.On street apparatus

        4. 4.Apparatus in stopped up streets

        5. 5.Protective works to buildings

        6. 6.Acquisition of land

        7. 7.Removal of apparatus

        8. 8.Facilities and rights for alternative apparatus

        9. 9.Retained apparatus

        10. 10.Expenses and costs

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

        12. 12.Cooperation

        13. 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 33 (statutory...

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

      3. PART 3 FOR THE PROTECTION OF NATIONAL HIGHWAYS LIMITED

        1. 18.Application etc.

        2. 19.Interpretation

        3. 20.General

        4. 21.Notwithstanding the limits of deviation permitted pursuant to article 8...

        5. 22.References to any standards, manuals, contracts, regulations and directives including...

        6. 23.Works outside the Order limits

        7. 24.Prior approvals and security

        8. 25.Construction of the specified works

        9. 26.Payments

        10. 27.Provisional Certificate

        11. 28.Opening

        12. 29.Final condition survey

        13. 30.Defects Period

        14. 31.Final Certificate

        15. 32.Security

        16. 33.Commuted sums

        17. 34.Insurance

        18. 35.Indemnity

        19. 36.Maintenance of the specified works

        20. 37.Land

        21. 38.Expert Determination

      4. PART 4 FOR THE PROTECTION OF SEVERN TRENT WATER LIMITED

        1. 39.For the protection of Severn Trent Water Limited the following...

        2. 40.In this Part of this Schedule— “abandoned apparatus” means apparatus...

        3. 41.On street apparatus

        4. 42.Apparatus in stopped up streets

        5. 43.Protective works to buildings

        6. 44.Acquisition of land

        7. 45.Removal of apparatus

        8. 46.Facilities and rights for alternative apparatus

        9. 47.Retained apparatus

        10. 48.Expenses and costs

        11. 49.Liability

        12. 50.Cooperation

        13. 51.At all times the undertaker shall procure that its employees,...

        14. 52.The undertaker shall use its reasonable endeavours during the exercise...

        15. 53.Nothing in this Part of this Schedule affects the provisions...

      5. PART 5 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY DISTRIBUTION (WEST MIDLANDS) PLC

        1. 54.Application

        2. 55.Interpretation

        3. 56.On street apparatus

        4. 57.No acquisition except by agreement

        5. 58.Removal of apparatus

        6. 59.Facilities and rights for alternative apparatus

        7. 60.Retained apparatus

        8. 61.Expenses and costs

        9. 62.Liability

        10. 63.Expert determination

        11. 64.Cooperation

      6. PART 6 FOR THE PROTECTION OF WALES & WEST UTILITIES

        1. 65.For the protection of Wales & West Utilities the following...

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

        3. 67.On street apparatus

        4. 68.Apparatus in stopped up streets

        5. 69.Protective works to buildings

        6. 70.No acquisition except by agreement

        7. 71.Removal of apparatus

        8. 72.Facilities and rights for alternative apparatus

        9. 73.Retained apparatus

        10. 74.Expenses and costs

        11. 75.Indemnity

        12. 76.Cooperation

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

      7. PART 7 FOR THE PROTECTION OF BT OPENREACH LIMITED

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

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

        3. 80.The exercise of the powers conferred by article 33 (statutory...

        4. 81.(1) Subject to sub-paragraphs (2) to (4), if as a...

        5. 82.This Part of this Schedule does not apply to—

        6. 83.Nothing in this Part of this Schedule affects the provisions...

        7. 84.HVDC Installation

    10. SCHEDULE 10

      DOCUMENTS TO BE CERTIFIED

  11. Explanatory Note

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