The A66 Northern Trans-Pennine Development Consent (Amendment) Order 2026

Published: Fri 17th Apr 26

This Statutory Instrument, the A66 Northern Trans-Pennine Development Consent (Amendment) Order 2026, was made by the Secretary of State for Transport to implement specific non-material changes to the original A66 Northern Trans-Pennine Development Consent Order 2024.

The amendments detailed across multiple schedules primarily involve minor alterations to the authorized works descriptions, precise adjustments to the classification and measurements of highways, updates to permanent stopping up and provision of new access ways, and revisions to the list of certified documents governing the project.

Arguments For

  • The Order implements necessary non-material changes to a pre-existing Development Consent Order (DCO) efficiently, leveraging Schedule 6 of the Planning Act 2008 for minor adjustments.

  • Modifications to works descriptions, highway measurements, and rights of way documents ensure the project remains consistent with current, updated plans supporting the infrastructure development.

  • Procedures for certifying new or revised plans (Article 3) ensure legal evidence for any changes incorporated into the main 2024 Order.

  • Specific technical amendments, such as swapping 'footpath' for 'cycle track' or adjusting linear measurements (e.g., in Articles 4, 5, 7), reflect precise on-the-ground requirements identified post-initial consent.

Arguments Against

  • Regular amendments, even if termed 'non-material changes,' can indicate a lack of thoroughness in the initial Development Consent Order process, potentially leading to scope creep or uncertainty.

  • The sheer volume of highly technical, cross-referenced changes across multiple Schedules (1, 2, 7, 8, 10) increases administrative complexity and the risk of misinterpretation or error during implementation.

  • Changes to rights of way (e.g., altering lengths or re-routing footpaths/cycle tracks) require careful monitoring to ensure public access and local stakeholders' needs are fully addressed post-amendment.

  • Substituting extensive documentation lists (Article 16) demonstrates significant document turnover since the original 2024 Order, potentially complicating historical record-keeping.

STATUTORY INSTRUMENTS

2026 No. 422

INFRASTRUCTURE PLANNING

The A66 Northern Trans-Pennine Development Consent (Amendment) Order 2026

Made - - - -

15th April 2026

Coming into force - -

16th April 2026

An application has been made under paragraph 2 of Schedule 6 to the Planning Act 2008( 1 ) to the Secretary of State in accordance with the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011( 2 ) for a non-material change to the A66 Northern Trans-Pennine Development Consent Order 2024( 3 ).

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 A66 Northern Trans-Pennine Development Consent Order 2024.

The Secretary of State, in exercise of the powers in paragraph 2 of Schedule 6 to the Planning Act 2008, makes the following Order.

Citation and commencement

  1. This Order may be cited as the A66 Northern Trans-Pennine Development Consent (Amendment) Order 2026 and comes into force on 16th April 2026.

Amendment of the A66 Northern Trans-Pennine Development Consent Order 2024

  1. The A66 Northern Trans-Pennine Development Consent Order 2024 is amended as follows.

( 1 ) 2008 c. 29. Paragraph 2 of Schedule 6 was amended by paragraph 4 of Schedule 8 to the Marine and Coastal Access Act 2009 (c. 23), by paragraph 72 of Schedule 13 and paragraph 1 of Schedule 25 to the Localism Act 2011 (c. 20), by section 28 of the Infrastructure Act 2015 (c. 7) and by section 128 of the Levelling-up and Regeneration Act 2023 (c. 55).

( 2 ) S.I. 2011/2055, as amended by S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522, S.I. 2013/755, S.I. 2015/377, S.I. 2015/760, S.I. 2015/1682, S.I. 2017/314, S.I. 2017/524, S.I. 2018/378, S.I. 2019/734, S.I. 2020/764, S.I. 2020/1534, S.I. 2021/978, S.I. 2022/634 and S.I. 2023/1071.

( 3 ) S.I. 2024/360, as corrected by S.I. 2025/1084.

Certification of new, revised or substituted plans

  1. -(1) The undertaker must, as soon as practicable after the making of this Order, submit copies of any new, revised or substituted plans to the Secretary of State for certification that they are true copies of the plans referred to in this Order.

(2) A plan so certified by the Secretary of State is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

Amendment to Schedule 1 (authorised development)

  1. -(1) In Part 1 of Schedule 1 (authorised development), after paragraph (d) Work No. 0102-1D, insert-
  • '(e) Work No. 0102-1D-A - as shown on sheet 2 of the works plans for scheme 0102 and being the construction of additional carriageway and improvements to sections of the existing A66, to include-
  • (i) the improvement of the existing A66 eastbound and westbound dual carriageway to the east of the new Kemplay Bank Junction; and
  • (ii) the construction of new private means of access to attenuation pond as shown on sheet 2 of the rights of way and access plans for scheme 0102;'.
  • (2) Renumber what was paragraph (e) as paragraph (f).
  • (3) In Part 2 of Schedule 1, in-
  • (a) Work No. 03-9B, sub-paragraph (i), for 'footpath' substitute 'cycle track';
  • (b) Work No. 03-9B, sub-paragraph (i), for 'Countess Pillar' substitute 'former Llama Karma Kafe'; and
  • (c) Work No. 03-9B, sub-paragraph (ii), after 'improved A66', insert '(including the site of the former Llama Karma Kafe)'.

(4) In Part 3 of Schedule 1 in-

  • (a) Work No. 0405-6C, sub-paragraph (iii), after 'lane;' insert 'and';
  • (b) Work No. 0405-6C, omit sub-paragraph (iv); and
  • (c) Work No. 0405-9, paragraph (a), for 'existing Footpath 336/011' substitute 'Green Land Track'.

Amendment to Schedule 2 (permanent stopping up of highways and private means of access and provision of new highways and private means of access and provision of new highways and private means of access)

  1. In the table in Part 1 of Schedule 2 (permanent stopping up of highways and private means of access and provision of new highways and private means of access) that relates to Scheme 03 (Penrith to Temple Sowerby), in the section headed Scheme 03 - The rights of way and access plans - sheet 1-
  • (a) in row 4 in column (2) with the entry headed 'Footpath', in column (4), in the entry headed 'Reference D', for 'footpath' substitute 'cycle track';
  • (b) in row 5 in column (4), in the entry headed 'Reference E', for '720 metres' substitute '690 metres';
  • (c) in row 6 in column (4), in the entry headed 'Reference L', in the two places where 'footpath' occurs substitute 'cycle track' and for '865 metres' substitute '740 metres'; and
  • (d) in row 7 in column (4), omit the whole entry headed 'Reference M'.
  1. In the table in Part 3 of Schedule 2 that relates to Scheme 03 (Penrith to Temple Sowerby) in the section headed Scheme 03 - The rights of way and access plans - sheet 1-
  • (a) in row 4 in column (4), in the entry headed 'Reference 5', for 'footpath Reference D and the new cycle track Reference E' substitute 'cycle track References B, D and E'; and
  • (b) in row 7 in column (2) with the entry headed 'Reference g', in column (4) in the entry headed 'Reference 8', for '71 metres' substitute '10 metres'.
  1. In the table in Part 1 of Schedule 2 that relates to Scheme 0405 (Temple Sowerby to Appleby) in the section headed Scheme 0405 - The rights of way and access plans - sheets 1 and 2-
  • (a) in row 1 in column (2) with the entry headed 'Bridleway 336/007', in column (4), in the entry headed 'Reference A', for '(on sheet 1)' substitute '(on sheet 1 and sheet 2)';
  • (b) in row 3 in column (2) with the entry headed 'Priest Lane'-
  • (i) in column (3), for '710 metres' substitute '587 metres'; and
  • (ii) in column (4) in the entry headed 'Realigned Priest Lane', for '885 metres' substitute '351 metres' and for '720 metres' substitute '610 metres';
  • (c) in row 4 in column (2) with the entry headed 'Cross Street', in column (4) in the entry headed 'The Realigned Cross Street', for '745 metres' substitute '503 metres';
  • (d) in row 5 in column (2) with the entry headed 'Bridleway 336/018'-
  • (i) in column (3), after 'Bridleway 336/018' insert 'from a point 1 metre from its junction with the existing Cross Street for a distance of 205 metres' and after 'direction' omit from 'between' to the end; and
  • (ii) in column (4) in the entry headed 'Reference B', for '245 metre' substitute '194 metre', for '210 metres' substitute '153 metres' and for '35 metre' substitute '41 metre';
  • (e) in row 6, in column (4) in the entry headed 'Reference K', for '180 metre' substitute '188 metre' and for 'Footpath 366/017' substitute 'Footpath 336/017'; and
  • (f) in row 9, in column (4) in the entry headed 'Reference D*', for '385 metre' substitute '320 metre'.
  1. In the table in Part 1 of Schedule 2 that relates to Scheme 0405 (Temple Sowerby to Appleby) in the section headed Scheme 0405 - The rights and way and access plans - sheets 2 and 3, in row 1 in column (2) with the entry headed 'Footpath 336/017'-
  • (a) in column (3) for '405 metre' substitute '398 metre' and for 'sheet 1' substitute 'sheet 2'; and
  • (b) in column (4) in the entry headed 'Reference C'-
  • (i) for '90 metres south-east' substitute '2 metres north'; and
  • (ii) for 'the point where it connects with existing Footpath 366/013' substitute 'Point S then turning northwards from Point S for a length of 162 metres, then branching in a westerly direction to join Footpath 336/017 and in an easterly direction to join Footpath 336/013'.
  1. In the table in Part 1 of Schedule 2 that relates to Scheme 0405 (Temple Sowerby to Appleby) in the section headed Scheme 0405 - The rights of way and access plans - sheets 4 and 5-
  • (a) in row 1 in column (2) with the entry headed 'Footpath 317/009 and Footpath 341/017', in column (4) in the entry headed 'To be substituted by References E and C* (part)', in the section of that entry headed 'Reference E'-

  • (i) for 'a point 69 metres to the north-east of the existing junction of Footpath 341/017 with Roman Road,' substitute 'Point M'; and

  • (ii) for '135 metres' substitute '105 metres';

  • (b) in row 3 in column (2) with the entry headed 'Long Marton (Road)', in column (3)-

  • (i) in the first paragraph, for '93 metres' substitute '34 metres' and for '136 metres' substitute '191 metres'; and

  • (ii) in the second paragraph, for '870 metres' substitute '915 metres' and for '125 metres' substitute '130 metres'; and

  • (c) in row 6, in column (4) in the entry headed 'Reference H*', for '1.2 km.' substitute '1.1 km.'.

  1. In the table in Part 3 of Schedule 2 that relates to Scheme 0405 (Temple Sowerby to Appleby) in the section headed Scheme 0405 - The rights of way and access plans - sheets 1 and 2-
  • (a) in row 4 in column (2) with the entry headed 'Reference b', in column (4) with the entry headed 'Reference 4'-
  • (i) for '30 metres' substitute '43 metres';
  • (ii) for '217 metres' substitute '207 metres';
  • (iii) for 'southerly' substitute 'northerly'; and
  • (iv) for '67 metres' substitute '70 metres'; and
  • (b) in row 8 in column (2) with the entry headed 'Reference d', in column (4) in the entry headed 'Reference 8', for '13 metres' substitute '1 metre';
  • (c) in row 10, in column (4) in the entry headed 'Reference 10', for '90 metres' substitute '50 metres' and for 'north-east' substitute 'south-east'; and
  • (d) in row 11 in column (2) with the entry headed 'Reference e', in column (4) in the entry headed 'Reference 11' for '149 metres north-east of the junction of Priest Lane with Bridleway 336/007 (as shown on sheets 1 and 2' substitute '178 metres north-east of Point B (as shown on sheet 2';
  • (e) in row 12 in column (2) with the entry headed 'Reference i', in column (4) in the entry headed 'Reference 12', for '198 metres north-east of the junction of Priest Lane with Bridleway 336/007' substitute 'between the proposed Priest Lane Underpass and the realigned Station Road';
  • (f) in rows 13, 14 and 15, in column (4), omit the entire entries headed 'Reference 13', 'Reference 14' and 'Reference 15';
  • (g) in row 16, in column (4) in the entry headed 'Reference 16', for 'pond' substitute 'tank' and for '263 metres' substitute '217 metres';
  • (h) in row 17 in column (2), with the entry headed 'Reference l', omit the entire entries in columns (2), (3) and (4);
  • (i) in row 18 in column (2) with the entry headed 'Reference k', omit the entire entries in columns (2), (3) and (4);
  • (j) in row 19 in column (4), omit the entire entry headed 'Reference 19';
  • (k) in row 20 in column (2) with the entry headed 'Reference p'-
  • (i) in column (3), for 'realigned' substitute 'existing' and for '205 metres' substitute '206 metres'; and
  • (ii) in column (4) in the entry headed 'References 20 and 78', in the two places where 'reference' occurs substitute 'Reference';
  • (iii) in rows 21, 22, 23 and 24, in column (4), omit the entire entries headed 'Reference 21', 'Reference 22', 'Reference 24' and 'Reference 26'.
  1. In the table in Part 3 of Schedule 2 that relates to Scheme 0405 (Temple Sowerby to Appleby) in the section headed Scheme 0405 - The rights of way and access plans - sheets 2 and 3-

(a) in row 1-

(i) in column (2), for the heading 'Reference q; and Reference r', omit '; and Reference r';

(ii) in column (4), for the entry headed 'Reference 23' substitute-

| '(1) | (2) | (4) | |---|---|---| | | | References 24 and 26 To be substituted by- Reference 24: a new private means of access (including a right of vehicular access) providing access to the new footpath (Reference C); to land lying to the north of the new A66; and to maintenance strips on the north and south sides of the new A66; and crossing the new A66 (via a bridge) to connect the new private means of access (Reference 26) (as shown on sheet 2 and sheet 3 of the rights of way and access plans for scheme 0405); and Reference 26: a new private means of access (including a right of vehicular access) from the edge of Ashton Lea field in a generally north-easterly direction for a distance of 93 metres and joining onto another new private means of access (Reference 24) at Point S and with a right of vehicular access over new footpath (Reference C) (as shown on sheet 2 of the rights of way and access plans for scheme 0405).' |

(b) in row 2 in column (2), with the entry headed 'Reference s', for the entries in columns (3) and (4)' substitute-

| '(1) | (3) | (4) | |---|---|---| | | A length of Green Lane Track from a point 215 metres to the north of the junction of Green Lane Track with Footpath 336/011 in a north-easterly direction for a distance of 401 metres. | To be substituted by- A new private means of access (Reference 24) from the edge of Ashton Lea field in a generally north- easterly direction for a distance of 494 metres and joining onto another new private means of access (Reference 26) at Point S, and with a right of vehicular access over new footpath (Reference C) from a point 162 metres to the west of Point U, continuing in a generally easterly direction to Point T and continuing from Point T to the junction of the new footpath with the existing Footpath 336/013 a total distance of 494 metres (as shown on sheets 2 and 3 of the rights of way and access plans for scheme 0405).' |

  1. In the table in Part 3 of Schedule 2 that relates to Scheme 0405 (Temple Sowerby to Appleby) in the section headed Scheme 0405 - The rights of way and access plans - sheets 3 and 4-
  • (a) in row 11 in column (4), in the entry headed 'Reference 49'-
  • (i) for '135 metres' substitute '144 metres';
  • (ii) for '45 metres' substitute '292 metres to Point L';
  • (iii) for '255 metres towards the new A66' substitute '78 metres'; and
  • (iv) for '300 metres' substitute '812 metres'; and
  • (b) in row 12 in column (4) in the entry headed 'Reference 50', for '85 metres' substitute '135 metres'.
  1. In the table in Part 3 of Schedule 2 that relates to Scheme 0405 (Temple Sowerby to Appleby) in the section headed Scheme 0405 - The rights of way and access plans - sheet 5-
  • (a) in row 5 in column (4), in the entry headed 'Reference 56', omit the entire entry;

  • (b) in row 7 in column (4), in the entry headed 'Reference 53', for 'as well as to maintenance strip on the west side of the realigned Long Marton, from a point 135 metres' substitute '11 metres';

  • (c) in row 9 in column (4), in the entry headed 'Reference 54', omit 'as well as to maintenance strip on the east side of the realigned Long Marton from Point V in a generally southwesterly direction for a distance of 548 metres';

  • (d) in row 10 in column (4), in the entry headed 'Reference 58', omit 'as well as to maintenance strip on the west side of the realigned Long Marton from a point 150 metres north-east of the junction of the realigned Long Marton (Road) and the existing A66';

  • (e) in row 11 in column (4), in the entry headed 'Reference 59'-

  • (i) for '180 metres' substitute '15 metres'; and

  • (ii) omit ', in a generally north-easterly direction for a distance of 55 metres'.

Amendment to Schedule 7 (classification of roads, etc.)

  1. In Part 3 (Scheme 0405 - Temple Sowerby to Appleby) of Schedule 7 (classification of roads, etc.)-
  2. (a) in the heading to paragraph 38, for '1.2' substitute '1.15';
  3. (b) in paragraph 38, for '1.2' substitute '1.15';
  4. (c) in paragraph 40, for '750' substitute '397';
  5. (d) in paragraph 46, for '860m' substitute '81 metre'; and
  6. (e) in paragraph 46(a), for 'an 89' substitute 'a 41'.

Amendment to Schedule 8 (traffic regulation measures etc.)

  1. In the Speed Limits table in Part 3 of Schedule 8 (traffic regulation measures etc.)-
  2. (a) in the section for 'Scheme 0405 - The traffic regulation measures (speed limits) plans sheets 1 and 2', in row 1 in column (2) in the entry headed 'New (realigned) Cross Street', for '806' substitute '721' and for '128' substitute '213'; and
  3. (b) in the section for 'Scheme 0405 - The traffic regulation measures (speed limits) plans sheet 5', in row 1 in column (2) in the entry headed 'Realigned Long Marton', in the two places where '1.2' occurs substitute '1.15'.

Amendment to Schedule 10 (documents to be certified)

  1. For the table in Schedule 10 (documents to be certified) substitute the table shown in the Schedule.

Signed by the authority of the Secretary of State for Transport

15th April 2026

Natasha Kopala Head of the Transport and Works Act Orders Unit Department for Transport

[Schedule detailing the substituted table for Schedule 10]

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the A66 Northern Trans-Pennine Development Consent Order 2024 (S.I. 2024/360) ('the 2024 Order'), a development consent order under the Planning Act 2008 ('the Act').

This Order follows an application under paragraph 2 of Schedule 6 to the Act to make the following non-material changes to the 2024 Order-

  • (a) article 4 provides for six amendments to the Work No. descriptions and the insertion of new Work No. 0102-1D-A in Schedule 1 (authorised development);
  • (b) articles 5 to 13 provided for amendments to Schedule 2 (permanent stopping up of highways and private means of access and provision of new highways and private means of access). Articles 5 and 6 amend the tables in Parts 1 and 3 that relate to Scheme 03 (Penrith to Temple Sowerby) and articles 7 to 13 amend the tables in Parts 1 and 3 that relate to Scheme 0405 (Temple Sowerby to Appleby) in Schedule 2;
  • (c) article 14 provides for five amendments to the measurements of highways set out in Schedule 7 (classification of roads, etc.);
  • (d) article 15 provides for four amendments to the measurement of highways set out in Schedule 8 (traffic regulation measures etc.);
  • (e) article 3 provides for the certification of new, revised or substituted plans required to show the non-material changes to the 2024 Order; and
  • (f) article 16 provides for amendments to Schedule 10 (documents to be certified) required due to the new, revised or substituted plans are set out in the Schedule to this Order. This Order substitutes the table in Schedule 10 for the table in the Schedule to this Order.

A copy of the substituted plans mentioned in this Order may be inspected free of charge during working hours at the offices of National Highways, Three Snowhill, Snow Hill Queensway, Birmingham, B4 4GA.

Related

The River Tyne (Tunnels) (Revision of Tolls) Order 2026

Thu 16th Apr 26

The North East Combined Authority's maximum tolls for the Tyne Tunnel crossing were revised and specified in a new schedule, effective May 1, 2026, following the revocation of the 2025 toll revision order.

Read More

The Air Navigation (Restriction of Flying) (Leicestershire) (Emergency) (Revocation) Regulations 2026

Wed 15th Apr 26

The Secretary of State exercised powers under the Air Navigation Order 2016 to immediately revoke the statutory instrument imposing emergency flying restrictions over a Leicestershire area because the emergency ceased to exist.

Read More

The Air Navigation (Restriction of Flying) (Firth of Forth) Regulations 2026

Wed 15th Apr 26

The legislation restricted unmanned aircraft flights below 1,400 feet in the Firth of Forth area between April 19th and April 24th, 2026, due to Royal Navy Aircraft Carrier operations.

Read More

The Air Navigation (Restriction of Flying) (Royal Air Force Brize Norton) (Revocation) Regulations 2026

Tue 14th Apr 26

The Secretary of State revoked the Air Navigation (Restriction of Flying) (Royal Air Force Brize Norton) Regulations 2026, immediately ending specified flight limitations over RAF Brize Norton.

Read More