Official Gazette Notification Text
Official TranscriptStatus: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. STATUTORY INSTRUMENTS 2025 No. 527 INFRASTRUCTURE PLANNING The A12 Chelmsford to A120 Widening Development Consent (Corrections) Order 2025 Made - - - - 24th April 2025 Coming into force - - 25th April 2025 The A12 Chelmsford to A120 Widening Development...
Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
STATUTORY INSTRUMENTS 2025 No. 527 INFRASTRUCTURE PLANNING The A12 Chelmsford to A120 Widening Development Consent (Corrections) Order 2025 Made - - - - 24th April 2025 Coming into force - - 25th April 2025 The A12 Chelmsford to A120 Widening Development Consent Order 2024 (“the 2024 Order”)(1), which granted development consent within the meaning of the Planning Act 2008 (“the Act”)(2), contained correctable errors within the meaning of the Act.
In accordance with paragraph 1(5)(a) of Schedule 4 to the Act, before the end of the relevant period, as defined in paragraph 1(6)(a) of Schedule 4 to the Act, the Secretary of State received written requests from the applicant(3) and Essex County Council for the correction of errors in the 2024
Order.
In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed the relevant local planning authorities for the area in which the land to which the 2024 Order relates is situated, that the request has been received.
The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraph 1(4) and (8) of Schedule 4 to, the Act, makes the following Order.
Citation and commencement
1. This Order may be cited as the A12 Chelmsford to A120 Widening Development Consent
(Corrections) Order 2025 and comes into force on 25th April 2025.
Corrections to the A12 Chelmsford to A120 Widening Development Consent Order 2024
2. The A12 Chelmsford to A120 Widening Development Consent Order 2024 is corrected as set out in the Schedule.
(1) S.I. 2024/60.
(2) 2008 c.29. Paragraph 1 of Schedule 4 was amended by paragraph 128(2) of, and paragraph 70 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20). There are other amendments to the Act which are not relevant to this Order.
(3) As defined in paragraph 4 of Schedule 4 to the Planning Act 2008.Document Generated: 2025-04-29
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Signed by authority of the Secretary of State for Transport Kayla Marks Head of the Transport and Works Act Orders Unit 24th April 2025 Department for Transport 2Document Generated: 2025-04-29
Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
SCHEDULE Article 2 Correctable Errors
1. In this table—
(a) column 1 sets out where the correction is to be made;
(b) column 2 sets out how the correction is to be made; and
(c) column 3 sets out the text to be substituted, inserted or omitted.
Provision How correction is to be Text to be substituted, made inserted or omitted Article 2(1) (Interpretation), Omit “, the constituent parts of definition of which are” “environmental statement” Article 2(1), definition of After “of the 1980 Act” “and” “highway” insert Article 2(1), definition of After “materially different”, “environmental” “maintain” insert Article 2(1) After the definition of ““supplementary “structures and engineering botanical survey drawings and sections”, report” means the insert document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the supplementary botanical survey report for the purposes of this
Order; “supplementary hedgerow survey report” means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the supplementary hedgerow survey report for the purposes of this
Order;” Article 2(1), definition of For “document of that “plans comprising the “works plans” description, the constituent permanent works plans, the parts of which are listed in temporary works plans and Schedule 12 (documents to the utilities works plans” 3Document Generated: 2025-04-29
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Provision How correction is to be Text to be substituted, made inserted or omitted be certified) and certified by the Secretary of State as the works plans for the purposes of this Order”, substitute Article 15(9), definition of For “Part 1 (speed limits) of “Part 6 (speed limits) of “speed limit sign” Schedule 10”, substitute Schedule 3” Article 20(1) (public rights For “columns (1) and (2)”, “columns (1) to (3)” of way) substitute Article 20(2) For “paragraph (5)” “paragraph (1)” substitute Article 22(1) (clearways, For “on an after”, substitute “on and after” prohibitions and restrictions) Article 22(6)(b)(iv) After “postal service as”, “defined in” insert Article 26(4)(b) (authority For “authority.”, substitute “authority,” to survey and investigate land) Article 26(9) For “paragraph (6)”, “paragraph (8)” substitute Article 30(4) (compulsory After “creation of new “and imposition of acquisition of rights and rights”, insert restrictive covenants” imposition of restrictive covenants) Article 31(2)(b) (private For “of the 1965 Act.”, “of the 1965 Act,” rights over land) substitute Article 31(3) After “being within the “which” limits of land” omit Article 31(8) For “agreement is referred “agreement as referred to” to” substitute Article 32(4)(b) (power For paragraph (4)(b), “(b) fails to to override easements and substitute discharge that other rights) liability, the liability is enforceable against the undertaker.” Article 41(7) (temporary use For “paragraph (5)”, “paragraph (6)” of land for maintaining the substitute authorised development) Article 46(3) (felling or For “is to be determined and “is to be determined as if” lopping of trees and removal if”, substitute of hedgerows) 4Document Generated: 2025-04-29
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Provision How correction is to be Text to be substituted, made inserted or omitted Article 47(6) (trees subject For “to identify the tree and “to identify the tree) and to tree preservation orders, either”, substitute either” etc.) Article 47(7)(a) For “would not be need”, “would not be needed” substitute Article 55(3)(b) After “the provision is “is” (disapplication and excluded”, omit modification of byelaws) Schedule 1, in the For “mean of access”, “means of access”
section titled “Permanent substitute Works”, Work No. 2, sub- paragraph (b) Schedule 1 (Authorised For “access track form the “access track from the Development), Permanent realigned B0123” substitute realigned B0123” Works, Work No. 70 Schedule 1 (Authorised For “mean of access” “means of access” Development), Permanent substitute Works, Work No. 82, sub- paragraph (g) Schedule 1 (Authorised For “Hatfield Peverel, and a “Hatfield Peverel, at a point Development), in the point west” substitute west”
section titled “Utilities Works”, Work No. U39 Schedule 2, Part 1 For “means begin” “for the purposes of sections
(requirements), paragraph 1 substitute 154 of the 2008 Act, means
(interpretation), definition beginning” of “begin” Schedule 2, Part 1, For “certified by “certified by the Secretary paragraph 1, definition of the Secretary of of State as the First Iteration “First Iteration EMP” State as the First EMP” Iteration Environmental Management Plan” substitute Schedule 2, Part 1, After the definition of “first ““flood risk assessment” paragraph 1 Iteration EMP”, insert means the document of that description listed in Schedule 12 (documents to be certified) certified by the Secretary of State as the flood risk assessment for the purposes of this Order;” Schedule 2, Part 1, After “should accord with “scheme design approach” paragraph 10(3)(c) (detailed the”, omit design) 5Document Generated: 2025-04-29
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Provision How correction is to be Text to be substituted, made inserted or omitted Schedule 2, Part 1, After sub-paragraph (2), “(3) In this paragraph, paragraph 11 (surface and insert “relevant local authority” foul water drainage) means a county council or district council in whose area the part of the authorised development in question is located.” Schedule 2, Part 1, After “sub-paragraph (1)”, “(a)” paragraph 13(5) (noise omit mitigation) Schedule 2, Part 1, After paragraph (1), insert “(1A) The scheme must paragraph 15 (Messing include an assessment of operation phase traffic improvements to the B1023 mitigation plan) or another suitable corridor for walking, cycling and horse riding users, to help off-set the impacts of increased traffic on this route.” Schedule 2, Part 2 For “under paragraph 22”, “under paragraph 23” (Procedure for discharge substitute of requirements), paragraph 22(1)(b) (applications made under requirements) Schedule 2, Part 2, For “in paragraph 24”, “in paragraph 22” paragraph 23(3) (further substitute information) Schedule 3, Part 10 (traffic For “(southwestbound) off - “(southwestbound) off-slip regulation measures (no lip road” substitute road” entry)), in the section headed “Traffic regulation measures movement restrictions plans – Sheet No. 10”, row 2, column 2 Schedule 3, Part 12 After “A12 mainline” omit “from a point” (Revocations & variations of existing traffic regulation orders), in the section headed “Revocation of existing traffic orders plans – Sheet Nos. 1 to 19”, row 1, column 2 Schedule 3, Part 12, in the After “a distance of”, insert “75”
section headed “Revocation of existing traffic orders 6Document Generated: 2025-04-29
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Provision How correction is to be Text to be substituted, made inserted or omitted plans – Sheet No. 5 (and 6)”, row 3, column 2 Schedule 3, Part 12, in the In the three places where “Loading and Stopping)”
section headed “Revocation it occurs, for “Loading and of existing traffic orders Stropping)”, substitute plans – Sheet No. 5 (and 6)”, rows 2 to 4, column 3 Schedule 3, Part 12, in the after “The A120 (both “from to the”
section headed “Revocation sides)”, omit of existing traffic orders plans – Sheet No. 19”, row 1, column 2 Schedule 4 (permanent For “means of access to be “means of access to be stopping up of highways and submitted for”, substitute substituted for” private means of access & provision of new highways and private means of access), in the note to the schedule, paragraph (d) Schedule 4, Part 2 After “The new “at” (Highways to be stopped up A12 mainline northbound for which a substitute is to carriageway, from”, omit be provided), in the section headed “Sheet No. 14 (and 4-13 and 15-19)”, row 3, column 4 Schedule 4, Part 2, in For “form Old Rectory “from Old Rectory the section headed “Sheet junction,” substitute junction,” No. 19”, row 1, column 4 Schedule 4, Part 3 For “form Old Rectory “from Old Rectory (new highways which are junction,” substitute junction,” otherwise to be provided), in the section titled “Streets, rights of way and access plans – Sheet No. 19”, row 3, column 2 Schedule 4, Part 5, in After “244 metres north of “s” the section headed “Streets, the”, omit Rights of Way and Access Plans – 13 (and 14)”, row 4, column 2 Schedule 6 (modification For “makes it “makes its determination” of compensation and determination” substitute compulsory purchase enactments for creation of new rights and 7Document Generated: 2025-04-29
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Provision How correction is to be Text to be substituted, made inserted or omitted imposition of restrictive covenants), paragraph 5(8); the substituted paragraph 14(1) of Schedule 2A to the Compulsory Purchase Act 1965(4) Schedule 7 (land of which After “Temporary works”, “and” temporary possession may omit be taken), row 90 (plot reference number 6/12e), column 2 Schedule 7, row 104 (plot After “Temporary works”, “and” reference number 7/10b), omit column 2 Schedule 7, row 200 (plot After “Temporary works”, “and” reference number 12/9b), omit column 2 Schedule 9, Part 1, in the For “Work Nos. 12(c) and “Work Nos. 12(c) and 21A”
section headed “Hedgerow 21(a)”, substitute Survey Report – Sheets 12 and 13, Retained and Removed Vegetation Plans – Sheet 7”, row 1, column 3 Schedule 9, Part 1, in the After “Work Nos. 12(c)”, “, 24(f)”
section headed “Hedgerow omit Survey Report – Sheet 16, Retained and Removed Vegetation Plans – Sheet 8”, row 1, column 3 Schedule 9, Part 1, in the For “Work Nos. 45(b), 75 “Work Nos. 45(b), 75 and
section headed “Hedgerow and 76(a)” substitute 76A” Survey Report – Sheets 20 and 21, Retained and Removed Vegetation Plans – Sheet 14”, row 9, column 3 Schedule 9, Part 2 (Removal For “Work Nos. 45(a) and “Work Nos. 45(a) and 50A” of other hedgerows), in the 50(a)” substitute
section headed “Hedgerow Survey Report – Sheet 18 and 19, Retained and Removed Vegetation Plans – Sheet 12”, row 1, column 3
(4) 1965 c. 56.
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Provision How correction is to be Text to be substituted, made inserted or omitted Schedule 9, Part 2, in the For “Work No. 60(a)” “Work No. 60A”
section headed “Hedgerow substitute Survey Report – Sheets 19 and 20, Retained and Removed Vegetation Plans – Sheet 13”, row 1, column 3 Schedule 10 (disapplication After “Byelaw 29 (penalty “as” and modification of and defence) is disapplied byelaws), row 2, column 2 insofar” insert Schedule 11 (protective For “Electricity Act 1989”, “Electricity Act 1989)” provisions), Part 1 (For substitute the protection of electricity, gas, water and sewerage undertakers), paragraph 2, in sub-paragraph (a) of the definition of “apparatus” Schedule 11, Part 1, For “of that Act”, substitute “of that Act)” paragraph 2, in the tailpiece of sub-paragraph (d) of the definition of “apparatus” Schedule 11, Part 2 (for the For “of that code; an”, “of that code; and” protection of operators of substitute electronic communications code networks), paragraph 15, in the definition of “infrastructure system” Schedule 11, Part 4 (for the For “paragraph 43 and 44”, “paragraph 42” protection of National Grid substitute Electricity Transmission PLC), paragraph 35, in the definition of ““commence” and “commencement”” Schedule 11, Part 6 (for For “conferred by sections “conferred by sections 271 the protection of railway 27” substitute (5)” interests), paragraph 69(3) Schedule 12 (documents to For “Engineering sections “Engineering section be certified), row 5, column drawings” substitute drawings” 1 Schedule 12, row 9, column For “TR010060/ “TR010060/EXAM/9.65” 2 EXAM/6.1/9.65” substitute Schedule 12, row 26, For “Utility diversions “Utilities works plans” column 1 plans” substitute
(5) Section 271 was amended by paragraph 103 of Schedule 17 to the Communications Act 2003 (c. 21).
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2. In Schedule 12 (documents to be certified), after the entry for “Structures engineering drawings and sections” at row 22, insert— “Supplementary Botanical TR010060/EXAM/9.16 Rev 2 Survey Report Supplementary Hedgerow TR010060/EXAM/9.50 Rev 1” Survey EXPLANATORY NOTE (This note is not part of the Order) The Order corrects errors and omissions in A12 Chelmsford to A120 Widening (Corrections) Order 2024 a development consent order under the Planning Act 2008, following two requests under paragraph 1(6)(a) of Schedule 4 to that Act.
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