The M5 Junction 10 Development Consent (Correction) Order 2025

Published: Fri 31st Oct 25

This statutory instrument, the M5 Junction 10 Development Consent (Correction) Order 2025, formally amends errors found in the preceding 2025 Development Consent Order (DCO).

The Secretary of State made these corrections after receiving written requests from the applicant and National Highways, exercising powers under the Planning Act 2008, specifically to rectify issues concerning time limits, authority designations, and documentation references listed in the attached schedule.

Arguments For

The correction process ensures the legal instrument is technically accurate, upholding the legislative integrity of the original Development Consent Order (DCO) under the Planning Act 2008.
Addressing errors promptly, as requested by the applicant and National Highways, facilitates the smooth implementation of necessary infrastructure improvements for the M5 Junction 10 scheme.
Changes, such as adjusting timeframes (e.g., 42 days to 28 days) or clarifying responsibilities (e.g., substituting 'Secretary of State' for 'relevant planning authority'), clarify legal requirements and reduce potential ambiguities during project execution.

Arguments Against

The need for a correction order suggests initial drafting or scoping reviews were insufficient, potentially delaying the project timeline even if the correction itself is minor.
Amendments in a statutory instrument, even technical ones, introduce new legal text that requires careful monitoring by developers, regulators, and local authorities to ensure compliance with the updated terms.
Changes affecting documentation references (like appendix numbering in the environmental statement) might necessitate updating related procedural materials, adding an administrative burden.

The M5 Junction 10 Development Consent Order 2025

(“the 2025 Order”) 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 foundation of this instrument is the M5 Junction 10 Development Consent Order 2025, which authorized development under the Planning Act 2008.

That original order contained technical mistakes that qualify as 'correctable errors' under Schedule 4 of 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 written requests from the applicant and National Highways for the correction of errors in the 2025 Order.

The Secretary of State received formal written requests asking for these corrections, ensuring the process adhered to the strict timeline defined in the Planning Act.

These requests came from both the project applicant and National Highways.

In accordance with paragraph 1(7) of Schedule 4 to the Act, the Secretary of State informed the relevant local planning authorities for the area in which the land to which the 2025 Order relates is situated, that the requests had been received.

Following the receipt of the requests for correction, the Secretary of State notified the local planning authorities managing the geographic area affected by the M5 Junction 10 project.

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 using specific legal powers granted by sections 119 and Schedule 4 of the Planning Act 2008 to formally enact this correction order.

Citation and commencement1.

This Order may be cited as the M5 Junction 10 Development Consent (Correction) Order 2025 and comes into force on 3rd November 2025.

This article establishes the official short title of this new legislation.

The M5 Junction 10 Development Consent (Correction) Order 2025 officially begins its legal effect on November 3rd, 2025.

Corrections to the M5 Junction 10 Development Consent Order 2025 (“the 2025 Order”)2.

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 article details how the changes are applied to the original 2025 Order by referencing a table in the Schedule.

The table uses three columns: the first specifies the exact location of the error, the second explains the type of change (substitution, insertion, or omission), and the third provides the precise text to enact that change.

ScheduleCORRECTABLE 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
Part 3, Article 11(5)	For “42 days” substitute	“28 days”
Schedule 2, paragraph 11(3)(a)	For “relevant planning authority” substitute	“Secretary of State“
Schedule 10	In relation to the “environmental statement - appendix 1.1: glossary” for “0” substitute	“1”
Schedule 10	In relation to the “environmental statement - appendix 1.2: scoping opinion responses” for “0” substitute	“1”

The Schedule itemizes the specific changes to be made under Article 2.

It mandates that a referenced time period of '42 days' in Article 11(5) is changed to '28 days'.

Additionally, the responsibility designated as 'relevant planning authority' in Schedule 2 is replaced with the 'Secretary of State'.

Finally, numerical entries of '0' are substituted with '1' for two specific appendices within the environmental statement documents listed under Schedule 10.

Explanatory Note

(This note is not part of the Order)

This Order corrects errors and omissions in the M5 Junction 10 Development Consent Order 2025 (S.I. 2025/795), a development consent order under the Planning Act 2008, following two requests under paragraph 1(6)(a) of Schedule 4 to that Act.

The accompanying explanatory note clarifies that this instrument rectifies mistakes within the original M5 Junction 10 DCO (S.I. 2025/795), a consent granted via the Planning Act 2008.

This correction follows the required procedural steps outlined in the Act after two formal requests were submitted.

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