The M60/M62/M66 Simister Island Interchange Development Consent (Correction) Order 2025
This Order formally enacts corrections to the M60/M62/M66 Simister Island Interchange Development Consent Order 2025 following a request from the applicant and statutory procedures under the Planning Act 2008.
The corrections, detailed in the Schedule, involve substituting or inserting specific text related to the authorised development works and public rights of way terminology within the original consent documentation, and the Order commences on 16th December 2025.
Arguments For
The correction ensures the original Development Consent Order (DCO) accurately reflects the necessary technical details for the infrastructure project, preventing potential legal or physical ambiguities during construction.
Adherence to the provisions of the Planning Act 2008, specifically Schedule 4, by rectifying identified errors following a formal request from the applicant and consultation/notification of the local planning authority.
Minor textual amendments, such as clarifying references to 'authorised development' and replacing 'footpath' with 'path,' improve clarity and avoid potential misinterpretation of the scope and requirements of the consent.
Arguments Against
Implementation introduces changes (even if correcting errors) to an already consented major infrastructure project, which might require secondary reviews by contractors or stakeholders regarding the already published plans.
The process relies on the accuracy of the applicant's initial request for correction, and any failure to capture all intended corrections might necessitate further remedial orders later.
The specific technical changes may alter the precise location or scope of minor works (e.g., Work Nos. 5, 6, 7, 8, 10, and 11) which could affect local planning or land access details that were previously finalized.
The M60/M62/M66 Simister Island Interchange Development Consent Order 2025— which granted development consent within the meaning of the Planning Act 2008 (“the Act”), contained correctable errors within the meaning of paragraph 1(3) of Schedule 4 to the Act.
The foundational document being amended is the 2025 Development Consent Order (DCO) for the M60/M62/M66 Simister Island Interchange project.
This DCO granted permission for development under the Planning Act 2008.
The current instrument acknowledges that the original Order contained 'correctable errors' as defined within Schedule 4 of that Act.
In accordance with paragraph 1(5)(a) 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 applicant for the correction of errors in the 2025 Order.
The Secretary of State received a formal written request from the project applicant asking to fix mistakes in the 2025 Order.
This action was taken within the required timeframe, specified by the Planning Act 2008, for seeking such corrections.
In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State informed the relevant local planning authority for the area in which the land to which the 2025 Order relates is situated, that the request had been received.
The relevant local planning authority, which governs the geographical area affected by the interchange works, was formally notified by the Secretary of State about receiving the applicant's request to make the corrections.
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.
The Secretary of State is making this corrective Order by using the specific legal powers granted under Section 119 and certain provisions within Schedule 4 of the Planning Act 2008.
- Citation and commencement
This Order may be cited as the M60/M62/M66 Simister Island Interchange Development Consent (Correction) Order 2025 and comes into force on 16th December 2025.
This section provides the official title for this new legal instrument and specifies that it officially becomes effective on December 16, 2025.
- Corrections to the M60/M62/M66 Simister Island Interchange Development Consent Order 2025 (“the 2025 Order”)
The 2025 Order is corrected as set out in the table in the Schedule, where—
(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.
This section details that the necessary changes to the original 2025 Order are listed in a table within the Schedule of this new Order.
The table specifies the original location of the error (column 1), the nature of the change, such as substitution (column 2), and the exact new text to be used (column 3).
Schedule
Correctable Errors
Article 2
(1) Where the correction is to be made
(2) How the correction is to be made
(3) Text to be substituted, inserted or omitted
Schedule 2, Part 1, paragraph 12(1)
For “the authorised development”, substitute
“Work Nos. 5, 6, 7, 8, 10 and 11”
Schedule 2, Part 1, paragraph 12 (1)
For “footpath”, substitute
“path”
Schedule 2, Part 1, paragraph 12(2)
After “details of improvements to the path”, insert
“within the Order land”
Schedule 2, Part 1, paragraph 12(3)
For “bringing into use the authorised development”, substitute
“bringing into use Work Nos. 5, 6, 7, 8, 10 and 11”
The Schedule contains the specifics of the corrections to be made to Schedule 2, Part 1 of the 2025 Order.
Primarily, it replaces the generic term 'the authorised development' and 'footpath' with specific numerical references to works (Works Nos. 5, 6, 7, 8, 10 and 11) and the more general term 'path'.
It also inserts clarifying text specifying that improvements relate to land covered by the Order.
Explanatory Note (This note is not part of the Order)
The Order corrects errors and omissions in the M60/M62/M66 Simister Island Interchange Development Consent Order 2025 (S.I. 2025/1018), a development consent order under the Planning Act 2008, following a request under paragraph 1(6)(a) of Schedule 4 to that Act.
This note clarifies that the purpose of this Order is to fix known mistakes or missing information in the document that originally approved the Simister Island Interchange development consent.
This corrective action followed the formal procedure laid out in the Planning Act 2008 based on the applicant's submission.