This Order may be cited as the A66 Northern Trans-Pennine Development Consent (Correction) Order 2025 and comes into force on 15th October 2025.
The A66 Northern Trans-Pennine Development Consent (Correction) Order 2025
Published: Wed 15th Oct 25
This Order officially corrects specific errors and omissions identified in the A66 Northern Trans-Pennine Development Consent Order 2024, which was granted under the Planning Act 2008.
The Secretary of State for Transport issued this correction following a formal request from the applicant, implementing textual changes to articles, schedules, and updating the list of certified documents to ensure legal accuracy and clarity regarding the approved development.
Arguments For
Confirms the legal basis for correcting defective primary legislation (Development Consent Orders) under the Planning Act 2008, ensuring procedural correctness.
Rectifies specific textual errors within the original Order, such as incorrect schedule references and missing clauses, which prevents potential future legal challenges based on ambiguous drafting.
Formalizes the inclusion of crucial supporting documentation, like the Environmental Statement Addendum volumes, ensuring these documents are officially recognized as part of the certified works.
Arguments Against
The need for a correction order suggests flaws in the drafting or scrutiny process of the original 2024 Order, potentially delaying certainty for stakeholders.
Frequent minor corrections can create complexity for parties needing to cross-reference the primary order against subsequent correction instruments.
Changes introduced via correction, even minor ones (like inserting 'and' or changing references), still require administrative processing and communication to all relevant authorities and interested parties.
The A66 Northern Trans-Pennine Development Consent Order 2024 (“the Order”)1, which granted development consent within the meaning of the Planning Act 2008 (“the Act”) contains correctable errors as defined in paragraph 1(3) of Schedule 4 to the Act2.
In accordance with paragraph 1(5) 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 applicant3 for the correction of errors and omissions in the Order.
In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State has informed the relevant local planning authorities that the request has been received.
The Secretary of State, in exercise of the powers conferred by section 119 of, and paragraph 1(4) and (8) of Schedule 4 to, the Act, makes the following Order.
This introductory text establishes that the original A66 Northern Trans-Pennine Development Consent Order 2024 has specific correctable errors, as defined under the Planning Act 2008.
The Secretary of State received a written request from the applicant to fix these issues within the required legal timeframe.
Consequently, the Secretary of State is now exercising powers granted by the Act to issue this new correction Order.
Citation and commencement1.
Article 1 names this formal instrument officially as the A66 Northern Trans-Pennine Development Consent (Correction) Order 2025.
It states the date when this Order becomes legally effective, which is set as October 15, 2025.
Corrections to the A66 Northern Trans-Pennine Development Consent Order 20242.
The A66 Northern Trans-Pennine Development Consent Order 2024 is corrected as set out in the Schedule.
Article 2 directs the reader to the Schedule provided later in the document.
The Schedule contains the specific, detailed changes that amend the provisions of the original 2024 Development Consent Order.
Signed by authority of the Secretary of State for Transport
Marco Picardi
Head of the Transport and Works Act Orders Unit
Department for Transport
This section documents the formal signing of the Order.
Marco Picardi, acting as Head of the Transport and Works Act Orders Unit for the Department for Transport, authorized this Order on October 14, 2025, under the authority of the Secretary of State for Transport.
SCHEDULECORRECTABLE ERRORS
1.
In this table—
(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.
Where the correction is to be made | How the correction is to be made | Text to be substituted, inserted or omitted |
|---|---|---|
Article 54(8) (detailed design) | After “external appearance of the viaducts have been submitted to” insert | “and” |
Paragraph 2(2) of Schedule 5 (modification of compensation and compulsory purchase enactments for the creation of new rights and restrictive covenants) | For “Schedule 4” on the two occasions where this occurs, substitute | “Schedule 5” |
Note 2 in Schedule 8 (traffic regulation measures etc.) | For “Note 2” substitute | “Note 2: Where existing speed limits (to be retained) are shown on the traffic regulation measures (speed limits) plans which relate to this Schedule, this is for information only and such speed limits are not subject to the power contained in article 42(1) of this Order.” |
Paragraph 41(3) of Schedule 9 (protective provisions) | For “sub-paragraph 25(2)” substitute | “sub-paragraph (2)” |
Paragraph 45(1) of Schedule 9 (protective provisions) | For “Subject to sub-paragraphs (1) and (2)” substitute | “Subject to sub-paragraphs (2) and (3)” |
Schedule Paragraph 1 outlines the structure for detailing corrections using a three-column table: stating where the change occurs, how it is made (e.g., substitute, insert), and the exact text involved.
Several specific corrections are then itemized in the table regarding planning and protective provisions.
One correction amends Article 54(8) concerning detailed design by inserting the word "and" after a specific phrase about viaduct appearance submissions.
Another corrects paragraph 2(2) of Schedule 5, where "Schedule 4" is replaced with "Schedule 5" twice concerning compensation enactments.
Furthermore, Note 2 in Schedule 8 (traffic regulation) is replaced entirely; the new text clarifies that existing retained speed limits shown on plans are informational only and not subject to the power in Article 42(1).
Protective provisions in Schedule 9 are also amended: Paragraph 41(3) substitutes "sub-paragraph (2)" for "sub-paragraph 25(2)", and Paragraph 45(1) substitutes "Subject to sub-paragraphs (2) and (3)" for the original wording concerning subject exceptions.
2.
In Schedule 10 (documents to be certified), after the entry in column (2) relating to “Environmental Statement Non-Technical Summary”, insert—
“Environmental Statement Addendum Volume 1 (Scoping)
8.3
9/5/2023
Environmental Statement Addendum Volume 2 (Detailed Assessments)
8.3
9/5/2023
Environmental Statement Addendum Volume 3 (Scheme Description)
8.3
9/5/2023”
Schedule Paragraph 2 addresses Schedule 10, which lists the official documents to be certified for the project.
New entries are formally inserted immediately following the existing entry for the Environmental Statement Non-Technical Summary.
These additions include three specific volumes of the Environmental Statement Addendum, all referencing section 8.3 and dated May 9, 2023: Volume 1 (Scoping), Volume 2 (Detailed Assessments), and Volume 3 (Scheme Description).
EXPLANATORY NOTE
(This note is not part of the Order)
This Order corrects errors and omissions in the A66 Northern Trans-Pennine Development Consent Order 2024 which granted development consent under the Planning Act 2008, following a written request under paragraph 1(5)(a) of Schedule 4 to that Act.
The final section is an Explanatory Note, which does not form part of the binding legal Order itself.
It summarizes that the purpose of this instrument is to formally correct errors and omissions in the original 2024 Development Consent Order, processing this correction based on a request received under Schedule 4 of the Planning Act 2008.
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