The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013

• Citation: S.I. 2013/1883
• Sections: 5

Section 1 Citation and commencement

(1) This Order may be cited as the Highway and Railway (Nationally Significant Infrastructure Project) Order 2013.

(2) This Order comes into force on the day after the day on which it is made.

Section 2 Interpretation

In this Order “ the Act ” means the Planning Act 2008.

Section 3 Amendments to section 22 of the Planning Act 2008

For section 22 of the Act (highways) substitute—

Highways

(22)

(1) Highway-related development is within section 14(1)(h) only if the development is—

(a) construction of a highway in a case within subsection (2),

(b) alteration of a highway in a case within subsection (3), or

(c) improvement of a highway in a case within subsection (5).

(2) Construction of a highway is within this subsection only if—

(a) the highway will (when constructed) be wholly in England,

(b) the Secretary of State will be the highway authority for the highway, and

(c) the area of development is greater than the relevant limit set out in subsection (4).

(3) Alteration of a highway is within this subsection only if—

(a) the highway is wholly in England,

(b) the Secretary of State is the highway authority for the highway, and

(c) the area of development is greater than the relevant limit set out in subsection (4).

(4) For the purposes of subsections (2)(c) and (3)(c) the relevant limit —

(a) in relation to the construction or alteration of a motorway, is 15 hectares,

(b) in relation to the construction or alteration of a highway, other than a motorway, where the speed limit for any class of vehicle is expected to be 50 miles per hour or greater, is 12.5 hectares, and

(c) in relation to the construction or alteration of any other highway is 7.5 hectares.

(5) Improvement of a highway is within this subsection only if—

(a) the highway is wholly in England,

(b) the Secretary of State is the highway authority for the highway, and

(c) the improvement is likely to have a significant effect on the environment.

(6) Highway-related development does not fall within section 14(1)(h) if—

(a) an order mentioned in section 33(4) has been made in relation to the development before 1 March 2010,

(b) a further order is needed in relation to the development, and

(c) not more than 7 years have elapsed since the making of the earlier order.

(7) Alteration of a highway is not within section 14(1)(h) if

(a) planning permission has been granted for a development,

(b) the alteration is necessary as a result of the development, and

(c) the developer has asked for the alteration to be made to the highway.

(8) Alteration of a highway is not within section 14(1)(h) if—

(a) an order mentioned in section 33(4) has been made in relation to local highway works,

(b) the alteration is necessary as a result of the local highway works, and

(c) the local highway authority responsible for the local highway works has asked for the alteration to be made to the highway.

(9) In this section—

“area of development” —

in relation to construction of a highway, means the land on which the highway is to be constructed and any adjoining land expected to be used in connection with its construction;

in relation to alteration of a highway, means the land on which the part of the highway to be altered is situated and any adjoining land expected to be used in connection with its alteration;

“local highway authority” has the meaning given by section 329(1) of the Highways Act 1980 ;

“local highway works” means works carried out by or on behalf of a local highway authority in relation to a highway for which it is the highway authority (and the local highway authority is referred to in this section as “responsible” for those works);

“motorway” means a highway which is a special road in accordance with section 16 of the Highways Act 1980.

Section 4 Amendments to section 25 of the Planning Act 2008

(1) Section 25 of the Act (railways) is amended as follows.

(2) In subsection (1) after paragraph (b) (but before the “and”) insert—

(ba) the railway will (when constructed) include a stretch of track that—

(i) is a continuous length of more than 2 kilometres, and

(ii) is not on land that was operational land of a railway undertaker immediately before the construction work began or is on land that was acquired at an earlier date for the purpose of constructing the railway,

(3) In subsection (2) after paragraph (b) (but before the “and”) insert—

(ba) the alteration of the railway will include laying a stretch of track that—

(i) is a continuous length of more than 2 kilometres, and

(ii) is not on land that was operational land of a railway undertaker immediately before the alteration work began or is on land that was acquired at an earlier date for the purpose of the alteration,

(4) After subsection (2) insert—

(2A) Construction or alteration of a railway is not within section 14(1)(k) to the extent that it takes place on the operational land of a railway undertaker unless that land was acquired for the purpose of the construction or alteration.

(5) In subsection (7) at the appropriate places insert—

“operational land” has the same meaning as in the TCPA 1990 ;

“railway undertaker” has the same meaning as in Part 17 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 ;

(6) In subsection (8), for “The reference in subsection (7)” substitute “In the definition of “permitted development” in subsection (7), the reference”.

Section 5 Transitional and Savings

(1) Where an application has been made, before the day on which this Order comes into force for an order granting development consent for a highway-related development or the construction or alteration of a railway, but such application has not been decided before that day—

(a) the application must continue to be considered and such an order must be made or development consent refused in accordance with the provisions of the Act;

(b) the provisions of the Act are to continue to apply to any such order that is made or to any refusal of development consent; and

(c) any such order is to have effect and the provisions of the Act are to apply in relation to the highway-related development or the construction or alteration of a railway in respect of which the order is made,

as if, in each case, the amendments made by this Order had not been made.

(2) Where, before the coming into force of this Order, an order has been made to grant development consent for a highway-related development or the construction or alteration of a railway or an application for an order has been refused—

(a) the provisions of the Act are to continue to apply to any such order or to any refusal of development consent; and

(b) any such order is to have effect and the provisions of the Act are to apply in relation to the highway-relevant development or the construction or alteration of a railway in respect of which the order has been made,

as if, in each case, the amendments made by this Order had not been made.