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The A1 Birtley to Coal House Development Consent Order 2021
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Statutory Instruments
2021 No. 74
Infrastructure Planning
The A1 Birtley to Coal House Development Consent Order 2021
Made
19th January 2021
Coming into force
9th February 2021
An application has been made to the Secretary of State under sections 37 of the Planning Act 2008 M1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M2 for an Order granting development consent.
The application was initially examined by a single appointed person and subsequently by a Panel of two members (“the Panel”) (appointed by the Secretary of State) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010 M3.
The Panel, having considered the representations made and not withdrawn and the application together with the accompanying documents, in accordance with section 74 of the 2008 Act, has submitted a report and recommendation to the Secretary of State.
[F1The Secretary of State is satisfied in terms of section 131(4B) of the 2008 Act that (a) the order land forms part of an open space; (b) none of the order land is of any of the other descriptions in section 131(1) of the 2008 Act; and (c) the order land is being acquired for a temporary (although possibly long-lived) purpose.
The Secretary of State is further satisfied in terms of section 131(5) of the 2008 Act that (a) the order land is required in connection with the widening or drainage of an existing highway; and (b) the giving of other land in exchange for the order land is unnecessary.]
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.
The Secretary of State, in exercise of the powers conferred by sections 114, 115 M4, 117, 120 [F1, 122, 131 and 132] F2... of, and paragraphs 1 to 3, 10 to 17, 19 to 23, 26, 33, 36 and 37 of Part 1 of Schedule 5 M5 to, the 2008 Act, makes the following Order—
Textual Amendments
F1Words in Preamble inserted (1.5.2021) by The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.
F2Words in Preamble omitted (1.5.2021) by virtue of The A1 Birtley to Coal House Development Consent (Correction) Order 2021 (S.I. 2021/551), art. 1, Sch.
Marginal Citations
M12008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
M2S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 S.I. 2013/755, S.I 2014/469, S.I. 2014/2381, S.I 2015/377, S.I. 2015/1682, S.I 2017/524, S.I 2017/572, S.I. 2018/378, and S.I. 2019/734.
M3S.I. 2010/103, amended by S.I. 2012/635.
M4Section 115 was amended by section 160 of the Housing and Planning Act 2016 (c. 22).
M5Schedule 5 was amended by paragraph 71 of Schedule 13 of the Localism Act and sections 112(1) and 321 of, and paragraph 4 of Schedule 8 and Part 2 of Schedule 22 to, the Marine and Coastal Access Act 2009 (c. 23).
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