Part 3

Nationally significant infrastructure projects

Transport

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
or a strategic highways company
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
or a strategic highways company
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
or a strategic highways company
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” —
  1. 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;
  2. 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.
- “
strategic highways company
” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.
S. 22 substituted (25.7.2013) by The Highway and Railway (Nationally Significant Infrastructure Project) Order 2013 (S.I. 2013/1883), arts. 1(2), 3 (with art. 5)
Words in s. 22(2)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 153(2); S.I. 2015/481, reg. 2(a)
Words in s. 22(3)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 153(2); S.I. 2015/481, reg. 2(a)
Words in s. 22(5)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 153(2); S.I. 2015/481, reg. 2(a)
Words in s. 22(9) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 153(3); S.I. 2015/481, reg. 2(a)