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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The A428 Black Cat to Caxton Gibbet (Correction) Order 2023 No. 40 URL: http://www.bailii.org/uk/legis/num_reg/2023/uksi_202340_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Infrastructure Planning
Made
16th January 2023
Coming into force
17th January 2023
The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (“ the 2022 Order”)( 1), which granted development consent within the meaning of the Planning Act 2008 (“ the Act”)( 2), contained correctable errors as defined in paragraph 1(3) of Schedule 4 to 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 a written request from the applicant( 3) for the correction of errors and omissions in the 2022 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 2022 Order relates is situated, that the request has been received in accordance with paragraph 1(7) of Schedule 4 to the Act.
The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraphs 1(4) and (8) of Schedule 4 to, the Act, makes the following Order.
1. This Order may be cited as the A428 Black Cat to Caxton Gibbet (Correction) Order 2023 and comes into force on 17th January 2023.
2. The 2022 Order is corrected as set out in the table in the Schedule to this Order, where—
(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.
Signed by authority of the Secretary of State for Transport
Gareth Leigh
Head of the Transport and Works Act Orders Unit
Department for Transport
16th January 2023
Article 2
| Where the correction is to be made | How the correction is to be made | Text to be substituted, inserted or omitted |
|---|---|---|
| Article 10(1) | For “Subject to paragraphs (4) and (5),” substitute | “Subject to paragraphs (2) and (3),” |
| Article 11(4) | After “article 16 (temporary alteration,” insert | “diversion,” |
| Article 12(6) | For “that part of the highway within the boundary specified in the certificate issued under paragraph (4)” substitute | For “that part of the highway within the boundary specified in the certificate issued under paragraph (5)” |
| Article 24(2) | For “subject to paragraph (6) of article 27” substitute | “subject to paragraph (3) of article 27” |
| Article 33(4) | For “article 266 (time limit for exercise of authority to acquire land compulsorily)” substitute | “article 26 (time limit for exercise of authority to acquire land compulsorily)” |
| Article 39(1) | For “article 27” substitute | “article 27(3)” |
| Article 41(2) | For “article 38 (temporary use of land for maintain the authorised development)” substitute | “article 38 (temporary use of land for maintaining the authorised development)” |
| Schedule 2 (requirements), requirement 23(2)(b) | After “operation” insert | “phase” |
| Schedule 2 (requirements), requirement 23(2)(d) | After “operation” insert | “phase” |
| Schedule 3, Part 5 (traffic regulation measures (clearways and prohibitions)) | In column (3) of both rows 1 and 2, for “Clearway (to include verges and hard strips)” substitute | “Clearway (to include verges and hard strips, but to exclude lay-bys)” |
| Schedule 3, Part 7 (footpaths, cycle tracks, footways, bridlepaths and bridleways), row 20 | For “552 metres of bridlepath from point 9/12 to point 10/1 as shown on Sheets 9 and 10 of the streets, rights of way and access plans.” substitute | “552 metres of bridleway from point 9/12 to point 10/1 as shown on Sheets 9 and 10 of the streets, rights of way and access plans.” |
| Schedule 3, Part 7 (footpaths, cycle tracks, footways, bridlepaths and bridleways), row 21 | For “60 metres of bridleway from point 9/13 to point 9/14 as shown on Sheet 9 of the streets, rights of way and access plans.” substitute | “60 metres of bridlepath from point 9/13 to point 9/14 as shown on Sheet 9 of the streets, rights of way and access plans.” |
| Schedule 9, Part 4 (For the protection of national grid as electricity and gas undertaker), paragraph 31 | For ““commence” and “commencement” in paragraph 38, 39 and 38 of this Part” substitute | ““commence” and “commencement” in paragraph 38 and 39 of this Part” |
| Schedule 9, Part 4 (For the protection of national grid as electricity and gas undertaker), paragraph 45 | For “article 500 (arbitration)” substitute | “article 50 (arbitration)” |
| Schedule 9, Part 5 (Protection for network rail infrastructure limited), paragraph 67 | For “article 49” substitute | “article 48” |
(This note is not part of the Order)
The Order corrects errors and omissions in the A428 Black Cat to Caxton Gibbet Development Consent Order 2022 a development consent order under the Planning Act 2008, following a written request under paragraph 1(5)(a) of Schedule 4 to that Act.
2008 c. 29. Paragraph 1 of Schedule 4 was amended by 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.
The term “applicant” is defined in paragraph 4 of Schedule 4 to the Act.
