Statutory Instruments
2025 No. 462
Infrastructure Planning
The A122 (Lower Thames Crossing) Development Consent Order 2025
Made
25th March 2025
Coming into force
15th April 2025
An application has been made to the Secretary of State, under section 37 of the Planning Act 2008(1) (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(2) for an Order granting development consent.
The application was examined by a Panel of five members (“the Panel”) in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010(3).
The Panel, having examined the application with the documents that accompanies the application, and considered the representations made and not withdrawn, in accordance with section 74(2) of the 2008 Act, has submitted a report and recommendation to the Secretary of State.
The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications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 is satisfied that replacement land (as defined in article 40(8) (special category land) of this Order) has been or will be given in exchange for parcels of common land and open space (both terms as defined in section 19(4) of the Acquisition of Land Act 1981(4)) comprised within the Order land, and the replacement land has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to that common land and open space, and that, accordingly, sections 131(4) and 132(4) of the 2008 Act apply.
The Secretary of State is satisfied that parcels of open space comprised within the Order land are required for the drainage of an existing highway and that the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public, and accordingly, section 131(5) of the 2008 Act applies.
In accordance with section 132(3) of the 2008 Act, the Secretary of State is satisfied, having considered the report and recommendation of the Panel, that the parcels of open space and common land comprised within the Order land, when burdened with a new right created under this Order, will be no less advantageous than they were before the making of this Order to the following persons: (a) the persons in whom they are vested; (b) other persons, if any, entitled to rights of common or other rights; and (c) the public.
The Secretary of State, in exercise of the powers conferred by sections 114(5), 115(6), 117(7), 120(8), 122(9), 123(10), 127(11), 131(12), 135, 138(13), 143, 147(14) and 150 of, and paragraphs 1 to 4, 10 to 23, 26, 30A(15), 30B(16), 32A(17) to 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—
2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).
S.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, S.I. 2019/734, S.I. 2020/764, S.I. 20201534, S.I. 2021/978, S.I. 2022/634, S.I. 2023/1071 and S.I. 2024/332.
S.I. 2010/103, amended by S.I. 2012/635 and S.I. 2024/317.
Section 114 was amended by paragraph 55 of Part 1 of Schedule 11 to the Localism Act 2011.
Section 115 was amended by paragraph 56 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011, section 160 of the Housing and Planning Act 2016 (c. 22) and section 43 of the Wales Act 2017 (c. 4).
Section 117 was amended by paragraph 58 of Part 1 of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.
Section 120 was amended by section 140 of, and paragraph 60 of Part 1 of Schedule 13 to, the Localism Act 2011.
Section 122 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
Section 123 was amended by paragraph 62 of Part 1 of Schedule 13 to the Localism Act 2011.
Section 127 was amended by paragraph 64 of Part 1 of Schedule 13 to the Localism Act 2011 and section 23(2) of the Growth and Infrastructure Act 2013 (c. 27).
Section 131 was amended by section 24(2) of the Growth and Infrastructure Act 2013.
Section 138 was amended by section 23(4) of the Growth and Infrastructure Act 2013 and S.I. 2017/1285.
Section 147 was amended by paragraph 68(2) of Schedule 13 and Part 20 of Schedule 25 to the Localism Act 2011.
Paragraphs 30A was inserted by paragraph 4(5) of Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23) and amended by paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017.
Paragraph 30B was inserted by paragraph 4(5) of Part 1 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23) and amended by paragraph 76 of Part 3 of Schedule 6 to the Wales Act 2017.
Paragraphs 32A and 32B were inserted by paragraph 71(3) of Part 1 of Schedule 13 to the Localism Act 2011.