The A122 (Lower Thames Crossing) Development Consent (Amendment) (No. 2) Order 2025
The Secretary of State for Transport has issued this Order, following an application for a non-material change, specifically to amend Article 65 of the A122 (Lower Thames Crossing) Development Consent Order 2025, which concerns the financial arrangements provided by National Highways Limited for the benefit of the Kent Downs National Landscape.
Arguments For
The amendment provides necessary clarification and rescheduling for the financial arrangements related to the Kent Downs National Landscape, ensuring formal agreement occurs before construction south of the River Thames begins.
It streamlines the application process for non-material changes to existing Development Consent Orders (DCOs), enhancing the flexibility and efficiency of large infrastructure project management under the Planning Act 2008.
Arguments Against
Introducing further amendments to a major DCO, even if non-material, can prolong the judicial certainty regarding the project's final scope and timeline.
Modifying financial guarantees related to protected landscapes, like the Kent Downs National Landscape, raises concerns about whether the agreed compensatory funding mechanism is being sufficiently protected or if it introduces new risks to the landscape's preservation.
An application has been made under paragraph 2 of Schedule 6 to the Planning Act 20081 to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 20112 for a non-material change to the A122 (Lower Thames Crossing) Development Consent Order 20253.
The Secretary of State, having considered the application and the responses to the publicity and consultation carried out in accordance with regulations 6 and 7 of the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011, has decided to make this Order amending the A122 (Lower Thames Crossing) Development Consent Order 2025.
The Secretary of State in exercise of the powers conferred by paragraph 2 of Schedule 6 to the Planning Act 2008, makes the following Order.
An application was submitted to the Secretary of State seeking a non-material change to the existing Development Consent Order (DCO) for the A122 (Lower Thames Crossing) project, as authorized under the Planning Act 2008 and related regulations.
After reviewing the application and the results of required public consultation, the Secretary of State decided to issue this Order to amend aspects of the 2025 DCO.
This action is legally based on the powers granted by Schedule 6 of the Planning Act 2008.
- Citation and commencement
This Order may be cited as the A122 (Lower Thames Crossing) Development Consent (Amendment) (No. 2) Order 2025 and comes into force on 5th November 2025.
This amending regulation is formally titled 'The A122 (Lower Thames Crossing) Development Consent (Amendment) (No. 2) Order 2025'.
The provisions introduced by this Order become legally effective on the 5th of November 2025.
- Amendments to the A122 (Lower Thames Crossing) Development Consent Order 2025
(1) The A122 (Lower Thames Crossing) Development Consent Order 2025 is amended as follows.
(2) In article 65 (financial arrangements for the Kent Downs National Landscape)—
(a) for paragraph (2), substitute—
“(2) The agreement referred to in paragraph (1) is to be made prior to the commencement of any part of the authorised development located south of the River Thames.”; and
(b) after paragraph (7), insert—
“(8) In this article “commencement” has the same meaning as in paragraph 1(1) (interpretation) of Part 1 of Schedule 2 (requirements).”.
The substance of this Order involves making specific changes to the original 2025 DCO for the Lower Thames Crossing.
Specifically, Article 65, which governs the financial arrangements supporting the Kent Downs National Landscape, is modified.
Paragraph (2) is replaced to mandate that the required financial agreement must be formally concluded before any segment of the approved construction work takes place south of the River Thames.
Furthermore, a new paragraph (8) is added to clarify that the term 'commencement' within this article adopts the precise definition found in the interpretation section of Schedule 2 of the original DCO.
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