The Portishead Branch Line (MetroWest Phase 1) (Correction) Order 2025

This Order, titled The Portishead Branch Line (MetroWest Phase 1) (Correction) Order 2025, formally enacts corrections to errors and omissions found within The Portishead Branch Line (MetroWest Phase 1) Order 2022, which originally granted development consent under the Planning Act 2008.

The Secretary of State made these corrections, which range from minor typographical adjustments to definitional changes affecting bodies like Network Rail and National Grid, subsequent to a formal written request from the applicant.

Arguments For

  • Swift rectification of documented errors and omissions in a major development consent order (the 2022 Order) ensures the legal documents underpinning the project are accurate and legally sound.

  • The correction process follows established statutory procedures outlined in Schedule 4 of the Planning Act 2008, demonstrating adherence to proper administrative and legal governance for infrastructure projects.

  • Correcting specific technical definitions (like Network Rail, flood authority) and references (such as gendered pronouns or minor typographical errors) minimizes future ambiguity and potential disputes during the project's implementation phase.

  • The order facilitates the progression of the Portishead Branch Line project, an important transport infrastructure development, by resolving administrative defects inherited from the original consent.

Arguments Against

  • The necessity for corrections indicates a failure in the thorough vetting or drafting of the original 2022 Order, potentially raising questions about the diligence applied to the initial granting of development consent.

  • Introducing amendments, even corrective ones, to an existing development consent order can cause minor delays for interested parties and stakeholders who must review the changes against the original permissions.

  • Specific corrections relating to protected parties (like First Corporate Shipping Limited and National Grid) might inadvertently alter the practical application or scope of protections negotiated in the original order, requiring careful scrutiny.

  • The process relies on the Secretary of State's discretion based on a request from the applicant, which could be viewed by objectors as an expedited, less scrutinized method of amending a complex planning decision.

The Portishead Branch Line (MetroWest Phase 1) Order 2022 (“the 2022 Order”)1, which granted development consent within the meaning of the Planning Act 2008 (“the Act”)2, contained correctable errors within the meaning of paragraph 1(3) of Schedule 4 to the 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 applicant3 for the correction of errors and omissions in the 2022 Order.

In accordance with paragraph 1(7) of Schedule 4 to the Act, The Secretary of State has informed the relevant local planning authorities for the area in which the land to which the 2022 Order relates is situated, 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.

Citation and commencement1.

This Order may be cited as the Portishead Branch Line (MetroWest Phase 1) (Correction) Order 2025 and comes into force on 17th October 2025.

Corrections to the Portishead Branch Line (MetroWest Phase 1) Order 20222.

The Portishead Branch Line (MetroWest Phase 1) Order 2022 is corrected as set out in the table in the Schedule of this Order, 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.

Signed by authority of the Secretary of State for Transport

Marco Picardi
Head of the Transport and Works Act Orders Unit
Department for Transport

SCHEDULECORRECTABLE ERRORS

Article 2

Where the correction is to be made

How the correction is to be made

Text to be substituted, inserted or omitted

Article 2(1), definition of “Network Rail”

After “company” omit

“registration”

Article 2(1), definition of “relevant lead flood authority”

For “and any successor flood authority to these authorities” substitute

“or any successor flood authority to those authorities”

Article 30(5)

For “development consent)of” substitute

“development consent) of”

Article 51(1)(a), (b) and (c)

For “Her Majesty” substitute

“His Majesty”

Schedule 16, Part 5, (protection for First Corporate Shipping Limited), paragraph 50(1) and (2)

For “highways access land” substitute

“highway access land”

Schedule 16, Part 5, paragraph 50(3)(e)

For “use f land” substitute

“use of land”

Schedule 16, Part 8 (for the protection of National Grid as electricity undertaker), paragraph 90, in paragraph (a) of the definition of “specified works”

For “existing apparatus” substitute

“apparatus”

Schedule 16, Part 8, paragraph 98(2), (6) and (9)

For “existing apparatus” substitute

“apparatus”

EXPLANATORY NOTE
(This note is not part of the Order)

The Order corrects errors and omissions in the Portishead Branch Line (MetroWest Phase 1) Order 2022, a development consent order under the Planning Act 2008, following a request under paragraph 1(5)(a) of Schedule 4 to that Act.