The government has revoked the A1 in Northumberland: Morpeth to Ellingham Development Consent Order 2024 via a statutory instrument made on 13 November and commencing 14 November 2025. The Department for Transport has relied on paragraph 3(1) of Schedule 6 to the Planning Act 2008, which empowers the Secretary of State to revoke a development consent order in defined circumstances, including those set out in sub‑paragraph (7).
The revocation follows the Department for Transport’s August consultation under the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011. On 7 August 2025 the department published a notice stating the Secretary of State was satisfied that exceptional circumstances existed, invited representations until 12 September, and provided the draft revoking order in line with Regulations 55 and 56 on notification and publicity.
The 2024 development consent order had authorised National Highways to upgrade approximately 13 miles of the A1 between Morpeth and Ellingham, including new and widened dual carriageway sections and associated works. It also conferred powers for compulsory acquisition and temporary possession of land to deliver the authorised development.
In legal terms, a revocation order takes effect from the date specified in that order. From 14 November 2025, no further reliance can be placed on the powers contained in the 2024 DCO, including powers to construct works or to exercise compulsory purchase under that instrument. Works already carried out before revocation are not affected by virtue of Schedule 6 paragraph 5(5) to the Planning Act 2008.
Stakeholders should note the statutory compensation regime. Where revocation proceeds without an application in the circumstances set out in Schedule 6 paragraph 3(7), compensation may be payable for abortive expenditure or other loss directly attributable to the revocation to those with an interest in the land or for whose benefit the DCO had effect. The Act provides for such claims and the Secretary of State may make regulations about their assessment.
The 2011 Regulations specify the process for claiming compensation. Claims must be made to the Secretary of State in writing within 12 months of the day after notification of the decision or publication of the revocation order, with disputes on quantum referred to the Upper Tribunal. Evidence supporting expenditure or loss should accompany any claim.
Any legal challenge to the revocation must be brought promptly. Under section 118 of the Planning Act 2008, a claim for judicial review must be filed within six weeks beginning with the day the order is published (or notice is given), after which the court will not entertain proceedings.
For context, the Planning Inspectorate confirmed on 24 May 2024 that the project had been granted development consent, classed as a nationally significant infrastructure project. The subsequent Department for Transport notice set out why the Secretary of State proposed to revoke that consent and how the public could submit representations.
Project documents, including the draft revocation order and the original DCO materials, remain accessible via government and Planning Inspectorate websites, with the Department for Transport indicating availability until at least summer 2026. This aids transparency for affected parties reviewing the basis and practical effect of the Secretary of State’s decision.