PART 1 PRELIMINARY

Citation and commencement

1.  This Order may be cited as the A122 (Lower Thames Crossing) Development Consent Order 2025 and comes into force on 15th April 2025.

Interpretation

2.—(1) In this Order—

“ the 1825 Act” means an Act for dividing and inclosing, and reducing to a Stint and improving certain unenclosed Commons and Waste Grounds and Fens, within the Manor and Parish of Orsett in the County of Essex( 18)

“ the 1961 Act” means the Land Compensation Act 1961( 19);

“ the 1965 Act” means the Compulsory Purchase Act 1965( 20);

“ the 1968 Act” means the Port of London Act 1968( 21);

“ the 1980 Act” means the Highways Act 1980( 22);

“ the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981( 23);

“ the 1984 Act” means the Road Traffic Regulation Act 1984( 24);

“ the 1990 Act” means the Town and Country Planning Act 1990( 25);

“ the 1991 Act” means the New Roads and Street Works Act 1991( 26);

“ the 2000 Act” means the Transport Act 2000( 27);

“ the 2004 Act” means the Traffic Management Act 2004( 28);

“ the 2008 Act” means the Planning Act 2008;

“ the 2017 Regulations” means the Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017( 29);

“ access” includes passing and repassing with or without plant and vehicles and accessing land in the Order land from streets or other parts of Order land;

“ address” includes any number or address for the purpose of electronic transmission;

“ affected person” has the same meaning as in section 59(4) (notice of persons interested in land to which compulsory acquisition request relates) of the 2008 Act;

“ apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“ authorised development” means the development described in Part 1 (authorised works) of Schedule 1 (authorised development) and any other development authorised by this Order, or any part of it, which is development within the meaning of section 32 (meaning of “ development”) of the 2008 Act;

“ authorised person” means–

“ begin” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development including preliminary works (as defined in Schedule 2 to this Order), and “begun” and “beginning” are to be construed accordingly;

“ the book of reference” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the book of reference for the purposes of this Order;

“ bridleway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

“ building” includes any structure or erection or any part of a building, structure or erection;

“ business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays)( 32) of the Banking and Financial Dealings Act 1971;

“ carriageway” has the same meaning as in section 329(1) of the 1980 Act;

“ the classification of roads plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the classification of roads plan for the purposes of this Order;

“ the Crown land plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the Crown land plans for the purposes of this Order;

“ cycle track” has the same meaning as in section 329(1)( 33) of the 1980 Act;

“ electronic transmission” means a communication transmitted—

and in this definition “ electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services)( 34) of the Communications Act 2003;

“ the engineering drawings and sections” means the document of that description listed in Schedule 16 certified by the Secretary of State as the engineering drawings and sections for the purposes of this Order;

“ environmental statement” means—

“ flood risk activity” has the same meaning as in regulation 2 (interpretation: general) of the Environmental Permitting (England and Wales) Regulations 2016( 35);

“ footway” and “ footpath” have the same meaning as in section 329(1) of the 1980 Act;

“ highway” has the same meaning as in section 328(1) (meaning of “ highway”) of the 1980 Act;

“highway authority” and “ local highway authority” (respectively) have the same meaning as in sections 1( 36) (highway authorities: general provision) and 329(1) of the 1980 Act;

“ horse-riding track” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say on horseback or leading a horse;

“ the land plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the land plans for the purposes of this Order;

“ limits of deviation” means the limits of deviation referred to in article 6 (limits of deviation);

“ maintain” includes, in relation any part of the authorised development to, inspect, repair, adjust, alter, improve, landscape, preserve, remove, reconstruct, refurbish or replace, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “ maintain” is to be construed accordingly;

“ MMO” means the Marine Management Organisation;

“ Order land” means the land shown on the land plans which is within the limits of land to be acquired permanently or used permanently or temporarily, and described in the book of reference;

“ the Order limits” means the limits of lands to be acquired permanently or used permanently or temporarily as shown on the land plans and works plans within which the authorised development may be carried out;

“ outline LEMP” means the outline landscape and ecology management plan listed in Schedule 16 (documents to be certified) and certified by the Secretary of State, and which is the first iteration of the landscape and ecology management plan;

“ overhead lines” includes associated apparatus which is installed for the purposes of its maintenance or operation;

“owner”—

“ permit scheme” means any scheme made under Part 3 of the 2004 Act in force at the date on which this Order is made;

“ PLA” means the Port of London Authority;

“ relevant local highway authority” means in any given provision of this Order, the highway authority for the area to which the provision relates;

“ relevant planning authority” means in any given provision of this Order, the planning authority for the area to which the provision relates;

“ relevant traffic authority” means in any given provision of this Order, the traffic authority for the area to which the provision relates;

“ rights of way and access plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;

“ river restrictions plan” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the river restrictions plan for the purposes of this Order;

“SACR” mean the Stakeholder Actions and Commitments Register referred to in article 61 (SACR);

“ the special category land plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the special category land plans for the purposes of this Order;

“ special road” has the same meaning as in section 329(1)( 39) of the 1980 Act;

“ statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

“ street” means a street within the meaning of section 48( 40) (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“ street authority”, in relation to a street, has the same meaning as in section 49 (the street authority and other relevant authorities) of the 1991 Act;

“ streets subject to temporary restrictions of use plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the streets subject to temporary restrictions of use plans for the purposes of this Order;

“ traffic authority” has the same meaning as in section 121A (traffic authorities)( 41) of the 1984 Act;

“ traffic officer” means an individual designated under section 2 (designation of traffic officers) of the 2004 Act;

“ the traffic regulation measures plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the traffic regulation measures plans for the purposes of this Order;

“ the tribunal” means the Lands Chamber of the Upper Tribunal;

“ trunk road” means a highway which is a trunk road by virtue of—

“ the tunnel area plan” means the plan of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the tunnel area plan for the purposes of this Order;

“ the tunnel” means the tunnel to be constructed under the river Thames and shown as a solid blue line on the tunnel area plan;

“ the tunnel approaches” means the southern and northern approaches to the tunnel between the barrier gantries and the portals, the extent of which is shown by dashed blue lines on the tunnel area plan;

“ the tunnel area” means the extent of the public highway to be comprised in and along the tunnels and the tunnel approaches;

“ tunnel limits of deviation plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the tunnel limits of deviation plans for the purposes of this Order;

“ undertaker” means National Highways Limited (Company No. 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

“ watercourse” includes all rivers, streams, ditches, drains, canals, cuts, culverts, dykes, sluices, winterbournes, sewers and passages through which water flows except a public sewer or drain; and

“ the works plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the works plans for the purposes of this Order.

(2) References in this Order to rights over land include references to rights to do, or to place and maintain, anything in, on or under land or in the airspace above its surface and references in this Order to the imposition of restrictive covenants are references to the creation of rights over land which interfere with the interests or rights of another and are for the benefit of land which is acquired under this Order or is otherwise comprised in the Order land.

(3) All distances, directions and lengths referred to in this Order are approximate and distances between points on a work comprised in the authorised development are taken to be measured along that work.

(4) References in this Order to the creation and acquisition of rights over land includes references to rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the direction of the undertaker, either—

(a) to an affected person directly, where that person’s land or rights over land have been adversely affected by this Order, and, where that is the case, the rights referenced in the Order are to be granted for the benefit of the land in which that affected person has an interest at the time of the making of this Order; or

(b) to any statutory undertaker for the purposes of their undertaking.

(5) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(6) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the plans to which the reference relates.

(7) References in this Order to numbered works are references to works as numbered in Schedule 1 (authorised development).

(8) References to any registered company listed in article 8 (consent to transfer benefit of Order) includes that body’s or that company’s successor bodies from time to time.

(9) In this Order, the expression “ includes” is to be construed without limitation.

(10) In this Order, references to materially new or materially different environmental effects in comparison with those reported in the environmental statement must not be construed so as to include the avoidance, removal or reduction of an adverse environmental effect or positive environmental effect, or the increase of an assessed positive environmental effect, that was reported in the environmental statement as a result of the authorised development.

PART 2 PRINCIPAL POWERS

Development consent, etc. granted by the Order

3.—(1) Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out and operated.

(2) Without limitation to paragraph (1), the undertaker is authorised to carry out the works specified in columns (2) and (3) of Part 2 of Schedule 1 (scheduled monuments) in relation to the scheduled monuments specified in column (1) of that Schedule.

(3) Subject to paragraph (4), any enactment applying to land within, adjoining or sharing a common boundary with the Order limits has effect subject to the provisions of this Order.

(4) Except as provided for in article 53 (disapplication of legislative provisions, etc.) and article 55 (application of local legislation, etc.), paragraph (3) does not apply to the 1968 Act, the Port of Tilbury Transfer Scheme 1991, the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992 and the Port of Tilbury (Expansion) Order 2019 or any byelaws, general directions or specific directions having effect, made or given under those enactments.

Maintenance of authorised development

4.  The undertaker may at any time maintain the authorised development, except to the extent that this Order, or an agreement made under this Order, provides otherwise.

Maintenance of drainage works

5.—(1) Subject to the provisions of Schedule 14 (protective provisions), nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

(2) In this article “ drainage” has the same meaning as in section 72 (interpretation)( 44) of the Land Drainage Act 1991.

Limits of deviation

6.—(1) In carrying out the authorised development the undertaker may—

(a) subject to sub-paragraph (b) and (c), deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans;

(b) construct the tunnel portal structures, approach ramps, tunnel service buildings and ground protection tunnel (comprised in Works Nos. 3A, 3C, 4A, 5A, and 4B), within the limits shown on the tunnel limits of deviation plans; and

(c) construct the tunnel within the lateral limits of deviation shown on the tunnel limits of deviation plans.

(2) In carrying out the authorised development the undertaker may—

(a) subject to sub-paragraphs (b) to (p), deviate vertically from the levels of the authorised development shown on the engineering drawings and sections to a maximum of 0.5 metre upwards or 1 metre downwards;

(b) in respect of Works Nos. OSC4(a) and OSC5(a), deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 2 metre upwards or 2 metre downwards;

(c) in respect of Works Nos. OSC4(b) and OSC5(b) deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 5 metre upwards or 5 metre downwards;

(d) in respect of Works Nos. G1b, G3 and G4 deviate—

(i) vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and

(ii) vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 25 metres below the surface of the ground;

(e) in respect of Works Nos. G1a, G2, G5, G6, G6b, G7, G10 and TFGP1 deviate—

(i) vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and

(ii) vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 15 metres below the surface of the ground;

(f) in respect of Works Nos. OH1, OH3 to OH8 deviate vertically—

(i) to any extent not exceeding 6 meters upwards from the design height shown on the engineering drawings and sections; and

(ii) to any extent downwards as may be found to be necessary or convenient;

(g) in respect of Works Nos. OHT1 to OHT8 deviate vertically—

(i) to any extent not exceeding the height described in Schedule 1; and

(ii) to any extent downwards as may be found to be necessary or convenient;

(h) in respect of the underground multi-utility works comprised in Works Nos. MU1 to MU92, deviate vertically—

(i) upwards to a limit of not less than 0.25 metres below the surface of the ground; and

(ii) downwards to such extent as may be found necessary or convenient;

(i) in respect of the underground multi-utility works comprised in Work Nos. MUT1 to MUT4, MUT6 to MUT32 deviate vertically—

(i) upwards to a limit of not less than 0.25 metres below the surface of the ground; and

(ii) downwards to such extent as may be found necessary or convenient;

(j) construct the above ground substations comprised in Works Nos. MU1, MU11, MU13, MU14, MU33, MU36, MU41, MU48, MU49, MU52, MU43, and MU45 (annotated as SS1 to SS15) up to a maximum height of 3 metres;

(k) construct the above ground compound comprised in Work No. MU21 up to a maximum height of 6.7 metres;

(l) construct the above ground poles comprised in Works Nos. MU87 and MU92 up to a maximum height of 12m;

(m) construct the above ground substation comprised in Work No. MUT5 up to a maximum height of 8 metres;

(n) construct Work No. G6a up to a maximum height of 2.9 metres;

(o) subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical downward limits of deviation shown on the tunnel limits of deviation plans; and

(p) subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical upward limits of deviation shown on the tunnel limits of deviation plans.

(3) The maximum limits of deviation set out in paragraph (1) and (2)(a) to (o) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation by the undertaker—

(a) with the relevant planning authority on matters related to their functions; and

(b) in respect of the authorised development comprising highways other than a special road or a trunk road, consultation by the undertaker with the relevant local highway authority on matters relevant to their functions,

certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(4) Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the Secretary of State for certification under paragraph (3) as though it were an approval required by a requirement under that Schedule.

Benefit of Order

7.—(1) Subject to paragraph (2) and article 8 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

Consent to transfer benefit of Order

8.—(1) Subject to paragraph (4), the undertaker may with the written consent of the Secretary of State—

(a) transfer to another person (“ the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b) grant to another person (“ the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), includes references to the transferee or the lessee.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker and, for those purposes, references to National Highways Limited in any document certified by the Secretary of State for the purposes of this Order are to be construed as references to a transferee or lessee under paragraph (1) in the appropriate contexts to ensure such restrictions, liabilities and obligations apply.

(4) The consent of the Secretary of State is not required under this article where the transfer or grant of any or all of the benefits of the provisions and such related statutory rights as may be agreed (excluding any liability to pay compensation in respect of the acquisition of land or rights which remains with the undertaker) is made to the following bodies in respect of works relating to their undertaking—

(a) Anglian Water Services Limited (company number 02366656, whose office is at Lancaster House Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, United Kingdom, PE29 6XU) in respect of Works Nos. MU27, MU30, MU32, MU34, MU36, MU38, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU56, MU57, MU58, MU60, MU66, MU69, MU79, MU83, MUT8, MUT9, MUT12, MUT18, MUT20, MUT21, MUT22, MUT23, MUT27, MUT28, MUT29, or MUT32;

(b) Cadent Gas Limited (company number 10080864, whose registered office is at Pilot Way, Ansty, Coventry, England, CV7 9JU) (or a related subsidiary company) in respect of Works Nos. G5, G6, G6a, G6b, G7, G10, MU35, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU60, MU61, MU62, MU64, MU66, MU69, MU71, MU76, MU79, MU88, MU89, MU90, MU91, MUT11, MUT30, ULH01, ULH02, ULH05, ULH06, or ULH10;

(c) Essex and Suffolk Water Limited (company number 02635436, whose registered office is at Northumbria House, Abbey Road, Pity Me, Durham, DH1 5FJ) in respect of Works Nos. MU27, MU29, MU35, MU36, MU37, MU40, MU42, MU43, MU44, MU46, MU47, MU51, MU55, MU60, MU66, MU69, MU72, MU76, MU77, MU79, MU91, MUT6, MUT9, MUT15, MUT17, MUT20, MUT21, MUT22, MUT23, MUT24, MUT27, MUT29, MUT30, MUT31, or MUT32;

(d) HS1 Limited (company number 03539665, whose registered office is at 5th Floor, Kings Place, 90 York Way, London, England, N1 9AG) in respect of Works Nos. 2E, MU3, MU5, MU6, MU8, MU9; OH1, or OHT1;

(e) National Grid Electricity Transmission Plc (company number 02366977, whose registered office is at 1-3 Strand, London, WC2N 5EH) in respect of Works Nos. OH1, OH4, OH6, OH7, OHT1, OHT2, OHT4, OHT5, OHT6, OHT7, OHT8, ULH04, ULH07, ULH08, ULH09, ULH11, ULH12, or ULH15;

(f) National Gas Transmission Plc (company number 02006000, whose registered office is at National Grid House, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DA) in respect of Works Nos. G2, G3, G4, ULH13, or ULH14;

(g) Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, United Kingdom, SE1 8SW) in respect of Works Nos. 4B,5C, 9D, 9E, 9M, MU28, MU29, MU72, MU73, MU75, MU76, MUT6, MUT8, OH4, or OHT2;

(h) Southern Gas Networks Plc (company number 05167021, whose registered office is at St Lawrence House, Station Approach, Horley, Surrey, RH6 9HJ) in respect of Works Nos. G1a, G1b, MU5, MU16, MU20, MU22, MU23, or ULH16;

(i) Southern Water Limited (company number 02366620, whose registered office is at Southern House, Yeoman Road, Worthing, West Sussex, BN13 3NX) in respect of Works Nos. MU2, MU4, MU5, MU8, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU24, MU26, MUT1, or MUT3;

(j) Thames Water Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) in respect of Works Nos. MU76, MUT30, or MUT31;

(k) UK Power Networks Holdings Limited (company number 7290590, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP) in respect of Works Nos. OH2, OH3, OH5, OH8, OHT3, MU1, MU5, MU6, MU7, MU9, MU10, MU11, MU12, MU13, MU14, MU15, MU16, MU17, MU18, MU19, MU20, MU21, MU22, MU25, MU27, MU28, MU30, MU31, MU33, MU35, MU36, MU39, MU40, MU41, MU42, MU43, MU44, MU45, MU47, MU48, MU49, MU50, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU59, MU60, MU62, MU63, MU65, MU66, MU67, MU68, MU69, MU70, MU73, MU74, MU75, MU76, MU77, MU78, MU80, MU81, MU82, MU84, MU85, MU86, MU87, MU91, MU92, MUT1, MUT2, MUT3, MUT4, MUT5, MUT7, MUT10, MUT13, MUT14, MUT16, MUT19, MUT20, MUT21, MUT25, MUT26, MUT29, MUT30, MUT31, or MUT32;

(l) Airwave Solutions Limited (company number 03985643, whose registered office is at Nova South, 160 Victoria Street, London, United Kingdom, SW1E 5LB) in respect of Work No. MU10;

(m) British Telecommunications Plc (company number 01800000, whose registered office is at 1 Braham Street, London, United Kingdom, E1 8EE) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT19, or MUT30;

(n) Openreach Limited (company number 10690039, whose registered office is at Kelvin House, 123 Judd Street, London, WC1H 9NP) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT3, MUT9, MUT15, MUT17, MUT19, MUT20, MUT21, MUT22, MUT27, MUT29, MUT30, MUT31, or MUT32;

(o) Virgin Media Limited (company number 02591237, whose registered office is at 500 Brook Drive, Reading, United Kingdom, RG2 6UU) in respect of Works Nos. MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MUT1, or MUT4;

(p) Vodafone Limited (company number 01471587, whose registered office is at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN) in respect of MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MU80, MU85, MU88, MU89, MU90, MU91, or MUT1;

(q) Lumen Technologies UK Limited (company number 02495998, whose registered office is at 260-266 Goswell Road, London, England, EC1V 7EB) in respect of MU39, MU40, MU47, MU54, MU60, or MUT20;

(r) Cellnex UK Limited (company number 05153745, whose registered office is at R+, 4th Floor, 2 Blagrave Street, Reading, United Kingdom, RG1 1AZ) in respect of MU10, MU27, MU39, MU40, or MU87;

(s) Verizon UK Limited (company number 02776038, whose registered office is at Reading International Business Park, Basingstoke Road, Reading, Berkshire, RG2 6DA) in respect of Works Nos. MU39, MU40, MU47, MU54, MU60, or MUT20;

(t) Zayo Group UK Limited (company number 03726666, whose registered office is at 100 New Bridge Street, London, England, EC4V 6JA) in respect of MU47, MU51, MU52, MU54, MU60, or MUT20;

(u) GTT – EMEA Ltd (company number 03580993, whose registered office is at 3rd Floor New Castle House, Castle Boulevard, Nottingham, United Kingdom, NG7 1FT) in respect of Works Nos. MU39, MU40, MU42, MU47, MU54, MU60, MU85, or MUT20;

(v) EUNetworks Fiber UK Limited (company number 04840874, whose registered office is at 5 Churchill Place, London, England, E14 5HU) in respect of Work No. MU80;

(w) NextGenAccess Ltd (company number 08689426, whose registered office is at 6600 Cinnabar Court, Daresbury Park, Daresbury, Warrington, England, WA4 4GE) in respect of Works Nos. MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, or MUT20;

(x) Port of Tilbury London Limited (company number 02876001, whose registered office is at Leslie Ford House, Tilbury, Essex, RM18 7EH) in respect of Works Nos. MU27, MU28, MUT4, or MUT5; and

(y) Thurrock Flexible Generation Limited (company number 10917470, whose registered office is at 1st Floor, 145 Kensington Church Street, London, England, W8 7LP) in respect of Work No. TFGP1.

(5) Without limitation on paragraph (4), the consent of the Secretary of State under this article is not required where the powers of article 28(1) (compulsory acquisition of rights and imposition of restrictive covenants) are, with the consent of the undertaker given under article 28(3), proposed to be exercised by a statutory undertaker rather than by the undertaker.

(6) References to a registered company named in paragraph (4) are to include any associated company carrying out the same undertaking, and for the purpose of this article “ associated company” means any company which is—

(a) the holding company or a subsidiary of a company named in paragraph (4); or

(b) another subsidiary of the holding company of a company named in paragraph (4),

within the meaning of section 1159 of the Companies Act 2006( 45).

(7) The Secretary of State must consult the MMO before giving consent under paragraph (1) to the transfer or grant to another person of the benefit of the provisions of the deemed marine licence.

(8) References to Works Nos. in paragraph (4) are to be construed so as to include the ancillary works (as set out in Schedule 1 to this Order).

PART 3 STREETS

Application of the 1991 Act

9.—(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (highway authorities, highways and related works) of that Act; or

(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts)( 46) of the 1980 Act or section 184 (vehicle crossings over footways and verges)( 47) of that Act.

(2) In Part 3 (street works in England and Wales) of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker.

(3) The following provisions of the 1991 Act (including any equivalent or modified provision in any permit scheme) do not apply in relation to any works executed under or related to the powers conferred by this Order—

• section 56 (power to give directions as to timing of street works)( 48);

• section 56A (power to give directions as to placing of apparatus)( 49);

• section 58 (restrictions on works following substantial road works)( 50);

• section 58A (restriction on works following substantial street works)( 51);

• section 73A (power to require undertaker to re-surface street);

• section 73B (power to specify timing etc. of re-surfacing);

• section 73C (materials, workmanship and standard of re-surfacing);

• section 78A (contributions to costs of re-surfacing by undertaker); and

• Schedule 3A (restrictions on works following substantial street works)( 52).

(4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to any closure, alteration, diversion or restriction of use of a street of a temporary nature by the undertaker under the powers conferred by article 12 (temporary closure, alteration, diversion and restriction of use of streets), whether or not the closure, alteration, diversion or restriction constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act referred to in paragraph (4) are—

• section 54 (advance notice of certain works)( 53), subject to paragraph (6);

• section 55 (notice of starting date of works)( 54), subject to paragraph (6);

• section 57 (notice of emergency works)( 55);

• section 59 (general duty of street authority to co-ordinate works)( 56);

• section 60 (general duty of undertakers to co-operate)( 57);

• section 68 (facilities to be afforded to street authority)( 58);

• section 69 (works likely to affect other apparatus in the street)( 59);

• section 75 (inspection fees)( 60);

• section 76 (liability for cost of temporary traffic regulation); and

• section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a closure, alteration, diversion or restriction (as the case may be) required in a case of emergency.

(7) Nothing in article 10 (construction and maintenance of new, altered or diverted streets and other structures)—

(a) affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act;

(b) means that the undertaker is not by reason of any duty under that article to maintain a street to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

(c) has effect in relation to maintenance works which are street works within the meaning of the 1991 Act, as respects which the provisions of Part 3 (street works in England and Wales) of the 1991 Act apply.

(8) Subject to paragraphs (3) and (9), permit schemes will apply to the construction and maintenance of the authorised development and will be used by the undertaker in connection with the exercise of the powers conferred by this Order.

(9) For the purposes of the authorised development, a permit under a permit scheme may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.

(10) Any order made by the Secretary of State under section 74A(2) (charge determined by reference to duration of works)( 61) of the 1991 Act for the purposes of the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012( 62) will not have effect in relation to the construction or maintenance of the authorised development.

Construction and maintenance of new, altered or diverted streets and other structures

10.—(1) Subject to paragraphs (3) and (4), any highway (other than a trunk road or a special road) to be constructed under this Order must be completed to the reasonable satisfaction of the relevant local highway authority in whose area the highway lies and, unless otherwise agreed in writing with the relevant local highway authority, the highway, including any culverts or other structures laid under it, must be maintained by and at the expense of the relevant local highway authority from its completion.

(2) Subject to paragraphs (3) and (4), where a highway (other than a trunk road or special road) is altered or diverted under this Order, the altered or diverted part of the highway must, when completed to the reasonable satisfaction of the relevant local highway authority and, unless otherwise agreed in writing with the relevant local highway authority, that part of the highway, including any culverts or other structures laid under it, be maintained by and at the expense of the relevant local highway authority from its completion.

(3) In the case of a bridge constructed under this Order to carry a highway (other than a trunk road or special road) over a trunk road or special road—

(a) the highway surface (being those elements over the waterproofing membrane) must, unless otherwise agreed in writing with the local planning authority, from its completion (such completion to be to the reasonable satisfaction of the relevant local highway authority) be maintained by and at the expense of the relevant local highway authority; and

(b) the remainder of the bridge, including the waterproofing membrane and structure below, must be maintained from its completion by and at the expense of the undertaker.

(4) In the case of any other bridge constructed under this Order to carry a highway (other than a trunk road or special road), both the highway surface (being those elements over the waterproofing membrane) and the remainder of the bridge must, unless otherwise agreed in writing with the relevant local highway authority, be maintained by and at the expense of the relevant local highway authority from its completion (such completion to be to the reasonable satisfaction of the relevant local highway authority).

(5) Where a street which is not and is not intended to be a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority, and unless otherwise agreed in writing with the street authority, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

(6) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street or structure under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street or structure to which the action relates was not dangerous to traffic.

(7) For the purposes of a defence under paragraph (6), the court must in particular have regard to the following matters—

(a) the character of the street or structure and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street or structure of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the street or structure;

(d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street or structure to which the action relates was likely to cause danger to users of the street or structure; and

(e) where the undertaker could not reasonably have been expected to repair that part of the street or structure before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street or structure to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street or structure and that the competent person had carried out those instructions.

(8) Unless otherwise agreed with the relevant local highway authority, where the highway (including the surface of the highway) comprised in Works Nos. 1D, 1H, 3B, 6B, 6C, 7M, and 8D are to be maintained by and at the expense of the relevant local highway authority under this article, the planting and vegetation on either side of that highway must be maintained by the undertaker in accordance with paragraph 5 of Schedule 2 to this Order.

Access to works

11.  The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve (which includes altering) existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.

Temporary closure, alteration, diversion and restriction of use of streets

12.—(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily close, alter, divert or restrict the use of any street or private means of access and may for any reasonable time—

(a) divert the traffic from the street or private means of access; and

(b) subject to paragraph (3), prevent all persons from passing along the street or private means of access.

(2) Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily closed, altered, diverted or restricted under the powers conferred by this article and which is within the Order limits as a temporary working site.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or private means of access affected by the temporary closure, alteration, diversion or restriction of a street or private means of access under this article if there would otherwise be no such access.

(4) Without limitation on the generality of paragraph (1), the undertaker may temporarily close, alter, divert or restrict the use of the streets or private means of access specified in column (1) of Schedule 3 (temporary closure, alteration, diversion and restriction of use of streets and private means of access) to the extent specified by reference to the letters and numbers shown on the streets subject to temporary restrictions of use plans, in column (2) of that Schedule, and may provide a temporary diversion.

(5) Save as to streets in respect of which the undertaker is the street authority, the undertaker must not temporarily close, alter, divert or restrict the use of—

(a) any street specified as mentioned in paragraph (4) without first consulting the street authority; and

(b) any other street without the consent of the street authority, which may attach reasonable conditions to any consent but such consent must not be unreasonably withheld or delayed.

(6) Any person who suffers loss by the suspension of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Where the undertaker provides a temporary diversion under paragraph (4), the new or temporary alternative route is not required to be of a higher standard than the temporarily closed, altered, diverted or restricted street or private means of access specified in column (2) of Schedule 3 but it must be suitable for use by the same type of traffic as uses that street or private means of access unless otherwise agreed with the street authority.

(8) If a street authority which receives an application for consent under paragraph (5)(b) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was received it is deemed to have granted consent provided the application includes the statement required under paragraph (9).

(9) Any application for consent under paragraph (5)(b) must include a statement that the provisions of paragraph (8) apply to that application.

Use of private roads for construction

13.—(1) The undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction of the authorised development.

(2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of such compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Permanent stopping up of streets and private means of access

14.—(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in column (1) of Parts 1 to 4 of Schedule 4 (permanent stopping up of streets and private means of access) to the extent specified and described in column (2) of that Schedule.

(2) No street or private means of access specified in column (1) of Parts 1 and 3 of Schedule 4 is to be wholly or partly stopped up under this article unless—

(a) the new street or private means of access to be constructed and substituted for it, which is specified in column (3) of those Parts of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or

(b) a temporary alternative route for the passage of such traffic as could have used the street or private means of access to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street or private means of access until the completion and opening of the new street or private means of access in accordance with sub-paragraph (a).

(3) No street or private means of access specified in column (1) of Parts 2 or 4 of Schedule 4 is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street or private means of access to be stopped up.

(4) The condition referred to in paragraph (3) is that—

(a) the undertaker is in possession of the land; or

(b) there is no right of access to the land from the street or private means of access concerned; or

(c) there is reasonably convenient access to the land otherwise than from the street or private means of access concerned; or

(d) the owners and occupiers of the land have agreed to the stopping up.

(5) Where a street or private means of access has been stopped up under this article—

(a) all rights of way over or along the street or private means of access so stopped up are extinguished; and

(b) the undertaker may appropriate and use for the purposes of the authorised development so much of the site of the street or private means of access as is bounded on both sides by land owned by the undertaker.

(6) Any person who suffers loss by the suspension or extinguishment of any private right of way under this article is entitled to compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) This article is subject to article 38 (apparatus and rights of statutory undertakers in stopped up streets).

Classification of roads, etc.

15.—(1) From the date on which the roads and public rights of way described in Parts 1 to 6 of Schedule 5 (classification of roads, etc.) are completed and open for traffic—

(a) the roads described in Part 1 (special roads) are to be—

(i) special roads for the purpose of any enactment or instrument which refers to highways classified as special roads;

(ii) trunk roads for the purpose of any enactment or instrument which refers to highways classified as trunk roads; and

(iii) provided for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 5 to the 1980 Act;

(b) the roads described in Part 2 (trunk roads) of Schedule 5 are to become trunk roads as if they had become so by virtue of an order under section 10(2) (general provision as to trunk roads)( 63) of the 1980 Act specifying that date as the date on which they were to become trunk roads;

(c) the roads described in Part 3 (GLA roads) of Schedule 5 are GLA Roads as if they had become so by virtue of an order under section 14B (order of the authority changing what are GLA roads) of the 1980 Act specifying that date as the date on which they were to become GLA roads;

(d) the roads described in Part 4 (classified roads) of Schedule 5 are to become classified roads for the purpose of any enactment or instrument which refers to highways classified as classified roads as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act;

(e) the roads described in Part 5 (unclassified roads) of Schedule 5 are to become unclassified roads for the purpose of any enactment or instrument which refers to unclassified roads; and

(f) the public rights of way and permissive paths described in Part 6 (other public rights of way and permissive paths) of Schedule 5 will be of the type described in column (1) to the extent described in column (2) unless otherwise agreed with the relevant local highway authority.

(2) From the date that the roads described in—

(a) Part 1 (special roads) and Part 2 (trunk roads) of Schedule 5 have been completed and are open for traffic, the undertaker is the highway authority for those roads; and

(b) Part 3 (GLA Roads) of Schedule 5 have been completed and are open for traffic, Transport for London is the highway authority for those roads.

(3) Subject to paragraph (4) the undertaker may vary the classification of—

(a) any trunk road referred to in paragraph (1)(b) so that it is classified as a special road under paragraph (1)(a); or

(b) any special road referred to in paragraph (1)(a) so that it is classified as a trunk road under paragraph (1)(b).

(4) The undertaker must not exercise the powers conferred by paragraph (3) unless the undertaker has—

(a) given not less than 4 weeks’ notice in writing of the undertaker’s intention so to do to the chief officer of police and to the relevant local highway authority in whose area the road is situated; and

(b) published a notice, declaring the date on which that road or part of it is to be classified, not less than 7 days before that date, in at least one local newspaper circulating in the area in which the road or, as the case may be, the relevant part of it is situated and in the London Gazette.

(5) Before exercising the powers conferred by paragraph (3) the undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.

(6) Notwithstanding Schedule 1, the application of paragraphs (1) to (3) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters.

(7) In this article, “ GLA road” has the same meaning as in section 14D(1) (construction of provisions relating to GLD roads)( 64) of the 1980 Act.

Clearways, speed limits and prohibitions

16.—(1) From any such days as the undertaker may determine—

(a) no person is to drive any vehicle at a speed exceeding the limit in miles per hour specified in column (2) of Part 1 (speed limits) of Schedule 6 (traffic regulation measures) along the lengths of road identified in the corresponding row of column (1) of that Part;

(b) no person is to drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a variable message sign (paragraphs (4) and (5) make further provision in respect of variable speed limits);

(c) the restrictions specified in column (2) of Part 2 (clearways and other restrictions) of Schedule 6 are to apply to the lengths of road identified in the corresponding row of column (1) of that Part except upon the direction of, or with the permission of, a constable or traffic officer in uniform; and

(d) the orders specified in column (2) of Part 3 (variations of existing traffic regulation orders) of Schedule 6 are to be varied or revoked as specified in the corresponding row of column (3) of that Part in respect of the lengths of roads specified in the corresponding row of column (1) of that Part,

except that no speed limit imposed by or under paragraph (1)(a) or (b) applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011( 65) when used in accordance with regulation 3(5) of those regulations.

(2) Nothing in paragraph (1)(c) applies—

(a) to render it unlawful to cause or permit a vehicle to stop or wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i) the removal of any obstruction to traffic;

(ii) the maintenance, improvement, reconstruction or operation of the road;

(iii) the laying, erection, maintenance, or renewal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any electronic communications apparatus as defined in Schedule 3A (the electronic communications code)( 66) to the Communications Act 2003; or

(iv) any building operation or demolition;

(b) in relation to a vehicle being used—

(i) for police, ambulance, fire and rescue authority or traffic officer purposes;

(ii) in the service of a local planning authority or highway authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

(iii) in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991( 67); or

(iv) by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Services (Universal Postal Service) Order 2012( 68); or

(c) in relation to a vehicle waiting when the person in control of it is—

(i) required by law to stop;

(ii) obliged to stop in order to avoid an accident; or

(iii) prevented from proceeding by circumstances outside the person’s control.

(3) No person is to cause or permit any vehicle to stop or wait on any part of the roads described in Part 2 (trunk roads) of Schedule 5 for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

(4) In relation to those sections of road identified in column (1) of Part 1 (speed limits) of Schedule 6 (traffic regulation measures) as being subject to a variable speed limit in column (2) of that Part, a vehicle will be subject to the speed limit shown on a variable messaging sign provided that vehicle has not subsequently passed—

(a) another speed limit sign indicating a different speed limit; or

(b) a traffic sign which indicates that the national speed limit is in force.

(5) The speed limit indicated by a variable messaging sign is the speed shown at the time the vehicle passes the sign, or—

(a) if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign; or

(b) if, no speed limit is shown by the sign ten seconds before the vehicle passed the sign, the national speed limit.

(6) Paragraphs (1) to (5) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

(7) In this article—

“ a traffic sign which indicates that the national speed limit is in force” means a traffic sign of the type shown in diagram 671 in Part 2 (signs and road markings indicating speed limits) of Schedule 10 (signs for speed limits)to those Regulations and General Directions;

“ national speed limit” has the meaning given by Schedule 1 (definitions)( 69) to the Traffic Signs Regulations and General Directions 2016;

“ road” includes the adjacent hard shoulder and verge;

“ speed limit sign” means a traffic sign of the type shown in diagram 670 in Part 2 of Schedule 10 or diagram 6001 in Part 2 (matrix signs and light signals for motorways and all-purpose dual carriageway roads) of Schedule 15 (matrix signs and light signals for the control of moving traffic on motorways and dual carriageway roads) to the Traffic Signs Regulations and General Directions 2016 which is—

and

“ variable message sign” has the meaning given by Schedule 1 (definitions) to the Traffic Signs Regulations and General Directions 2016.

Traffic regulation – local roads

17.—(1) This article applies to roads in respect of which the undertaker is not the traffic authority.

(2) Subject to the provisions of this article, and, the consent of the relevant traffic authority in whose area the road concerned is situated, which must not be unreasonably withheld or delayed, the undertaker may, for the purposes of the authorised development—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(c) authorise the use as a parking place of any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit, restrict, regulate or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3) The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 24 months from the opening of the last part of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

(4) The undertaker must consult the chief officer of police and the relevant traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

(5) The undertaker must not exercise the powers conferred by paragraph (2) unless it has—

(a) given not less than—

(i) 12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) except in a case of emergency, 4 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the relevant traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the relevant traffic authority may specify in writing within 28 days of the receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of the receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by the undertaker under paragraph (2)—

(a) has effect as if duly made by, as the case may be–

(i) the relevant traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces)( 70) of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act.

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months from the opening of the authorised development.

(8) Before exercising the powers conferred by paragraph (2) the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person.

(9) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(10) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(11) If the relevant traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent provided the application includes the statement required under paragraph (12).

(12) Any application for consent under paragraph (2) must include a statement that the provisions of paragraph (11) apply to that application.

PART 4 SUPPLEMENTAL POWERS

Powers in relation to relevant navigations or watercourses

18.—(1) Subject to Schedule 14 (protective provisions) the undertaker may, for the purpose of or in connection with the carrying out and maintenance of the authorised development, regardless of any interference with any private rights—

(a) temporarily alter, interfere with, occupy and use the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse;

(b) remove or relocate any moorings so far as may be reasonably necessary for the purposes of carrying out and of maintaining the authorised development;

(c) temporarily moor or anchor vessels and structures;

(d) construct, place, maintain and remove temporary works and structures within the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse; and

(e) interfere with the navigation of the relevant navigation or watercourse,

in such manner and to such extent as is reasonably necessary in connection with the carrying out and maintenance of the authorised development.

(2) Except in the case of emergency, the undertaker must use reasonable endeavours to notify the owner of any mooring affected by the proposal to exercise the powers conferred by paragraph (1)(b) before the exercise of those powers.

(3) The undertaker must pay compensation to any person entitled to compensation who suffers any loss or damage from the exercise of the powers conferred by paragraph (1).

(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(5) In this article “ relevant navigation” means the river Thames within the Order limits or which may be affected by the authorised development.

Discharge of water

19.—(1) Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance or use of the authorised development and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, public sewer or drain.

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers)( 71) of the Water Industry Act 1991.

(3) The undertaker must not discharge any water into any watercourse, public sewer or drain except with the consent of the person to whom it belongs; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(4) The undertaker must not make any opening into any public sewer or drain except—

(a) in accordance with plans approved by the person to whom the sewer or drain belongs, but such approval must not be unreasonably withheld; and

(b) where that person has been given the opportunity to supervise the making of the opening.

(5) The undertaker must not, in carrying out or maintaining works under this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

(6) The undertaker must take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain pursuant to this article is as free as may be practicable from gravel, soil or other solid substance, oil or matter in suspension.

(7) If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application, that person will be deemed to have granted consent or given approval, as the case may be, provided the application includes the statement required under paragraph (8).

(8) Any application for consent under paragraph (3) or approval under paragraph (4)(a) must include a statement that the provisions of paragraph (7) apply to that application.

(9) Subject to article 53 (disapplication of legislative provisions, etc.), nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit)( 72) of the Environmental Permitting (England and Wales) Regulations 2016.

(10) In this article—

(a) “ main river” means watercourses shown as such on the statutory main river maps held by the Environment Agency and the Department for Environment Food and Rural Affairs;

(b) “ public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation; and

(c) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991( 73) have the same meaning as in that Act.

Protective work to land and buildings

20.—(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any land and any building on that land which may be affected by the authorised development as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the carrying out in the vicinity of the land of any part of the authorised development; or

(b) after the completion of that part of the authorised development in the vicinity of the land at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use.

(3) For the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage, and place on, leave on and remove from the land and building any apparatus and equipment for use in connection with the survey.

(4) For the purpose of carrying out protective works under this article the undertaker may (subject to paragraphs (5) and (6))—

(a) enter the land and any building on that land; and

(b) where the works cannot be carried out reasonably conveniently without entering land which is adjacent to the building but outside its curtilage, enter the adjacent land (but not any building erected on it),

and if it is reasonably required, the undertaker may take possession, or exclusive possession, of the building and any land or part thereof for the purpose of carrying out the protective works.

(5) Before exercising—

(a) a right under paragraph (1) to carry out protective works;

(b) a right under paragraph (3) to enter any land or building on that land;

(c) a right under paragraph (4)(a) to enter land or any building on that land ; or

(d) a right under paragraph (4)(b) to enter land,

the undertaker must, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days’ notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.

(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 64 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

(8) Where—

(a) protective works are carried out under this article to land or a building; and

(b) within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

the undertaker must compensate the owners and occupiers of the building for any loss or damage sustained by them.

(9) Where the undertaker exercises the power under paragraph (1) in relation to a building listed under section 1 of the Planning (Listed Buildings and Conservation Areas)( 74) Act 1990, the undertaker must, except in an emergency—

(a) serve the notice served on owners and occupiers of a building or land under paragraph (5) on the local planning authority and Historic England; and

(b) have due regard to any response received from the local planning authority or Historic England within the period specified in the notice under paragraph (5).

(10) Subject to article 67 (no double recovery), nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance)( 75) of the 2008 Act.

(11) Any compensation payable under paragraph (7) or (8) is to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(12) Section 13 (refusal to give possession to acquiring authority)( 76) of the 1965 Act applies to the entry onto land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (compulsory acquisition provisions)( 77) of the 2008 Act.

(13) In this article “ protective works” means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to land and any building on that land by the carrying out, maintenance or use of the authorised development;

(b) any works the purpose of which is to remedy any damage which has been caused to the land or any building on that land by the carrying out, maintenance or use of the authorised development; and

(c) any works the purpose of which is to secure the safe operation of the authorised development or to prevent or minimise the risk to such operation being disrupted.

Authority to survey and investigate the land

21.—(1) The undertaker may for the purposes of the construction, operation or maintenance of the authorised development enter on any land shown within the Order limits or which may be affected by the authorised development and—

(a) survey or investigate the land (including any watercourses, groundwater, static water bodies or vegetation on the land);

(b) without limitation on the scope of sub-paragraph (a), make any excavations, trial holes. boreholes, and other investigations in such positions on the land as the undertaker thinks fit to investigate the extent or the nature of the surface layer, subsoil, ground water, underground structures, foundations, and plant or apparatus and remove soil and water samples and discharge water from sampling operations on to the land;

(c) without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; and

(d) place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes and boreholes.

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land and that notice must indicate the nature of the activity that the undertaker intends to carry out.

(3) Any person entering land under this article on behalf of the undertaker—

(a) must, if so required, before or after entering the land, produce written evidence of their authority to do so; and

(b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes or boreholes.

(4) No trial holes or boreholes are to be made under this article—

(a) in land located within a highway boundary without the consent of the relevant local highway authority; or

(b) in a private street without the consent of the street authority,

but such consent must not be unreasonably withheld or delayed.

(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) If either a relevant local highway authority or street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—

(a) under paragraph (4)(a) in the case of a relevant local highway authority; or

(b) under paragraph (4)(b) in the case of a street authority,

that authority will be deemed to have granted consent provided the application includes the statement required under paragraph (8).

(7) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(8) Any application for consent under paragraph (4) must include a statement that the provisions of paragraph (6) apply to that application.

Removal of human remains

22.—(1) In this article “ the specified land” means the land within the Order limits.

(2) Before the undertaker carries out any development or works within the Order limits which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

(3) Subject to paragraph (14), before any such remains are removed from the specified land the undertaker must give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article, by—

(a) publishing a notice once in each of two successive weeks in a newspaper circulating in the relevant area of the authorised project; and

(b) displaying a notice in a conspicuous place on or near to the specified land.

(4) As soon as reasonably practicable after the first publication of a notice under paragraph (3) the undertaker must send a copy of the notice to the relevant local planning authority.

(5) At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

(b) removed to, and cremated in, any crematorium,

and that person must, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

(7) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article.

(8) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

(9) If—

(a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or

(b) such notice is given and no application is made under paragraph (8) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or

(c) within 56 days after any order is made by the county court under paragraph (8) any person, other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves must be reinterred in individual containers which must be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains in accordance with the terms of this article, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

(11) On the re-interment or cremation of any remains under this article—

(a) a certificate of re-interment or cremation is to be sent by the undertaker to the Registrar General by the undertaker giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) is to be sent by the undertaker to the relevant local planning authority mentioned in paragraph (4).

(12) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State.

(13) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

(14) No notice is required under paragraph (3) before the removal of any human remains where the undertaker is satisfied—

(a) that the remains were interred more than 100 years ago; and

(b) that no relative or personal representative of the deceased is likely to object to the remains being removed in accordance with this article.

(15) In the case of remains in relation to which paragraph (14) applies, the undertaker—

(a) may remove the remains; and

(b) must apply for direction from the Secretary of State under paragraph (12) as to their subsequent treatment.

(16) Nothing in this article affects the application of paragraph 9 of Schedule 2 to this Order.

(17) Section 25 of the Burial Act 1857 (bodies not to be removed from burial grounds, save under faculty, without licence of Secretary of State)( 78) does not apply to a removal carried out in accordance with this article or in accordance with paragraph 9 of Schedule 2 to this Order.

(18) Section 239 (use and development of burial grounds) of the 1990 Act applies—

(a) in relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit use by the undertaker in accordance with the provisions of this Order; and

(b) in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order,

and in section 240(1) (provisions supplemental to ss. 238 and 239) of the 1990 Act reference to “ regulations made for the purposes of sections 238(3) and (4) and 239(2)” means, so far as applicable to land or a right over land acquired under this Order, paragraphs (2) to (15) of this article, and in section 240(3) of the 1990 Act reference to a “ statutory undertaker” includes the undertaker and reference to “ any other enactment” includes this Order.

(19) The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950( 79) do not apply to the authorised development.

(20) In this article—

(a) references to a relative of the deceased are to a person who is a—

(i) husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased; or

(ii) child of a brother, sister, uncle or aunt of the deceased.

(b) references to a personal representative of the deceased are to a person or persons who is the lawful executor of the estate of the deceased or is the lawful administrator of the estate of the deceased.

Felling or lopping of trees and removal of hedgerows

23.—(1) The undertaker may fell or lop any tree or shrub, within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development.

(2) In carrying out any activity authorised by paragraph (1), the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow within or overhanging land within the Order limits that is required to be removed.

(5) In this article “ hedgerow” includes a hedgerow to which the Hedgerow Regulations 1997( 80) apply and includes important hedgerows.

Trees subject to tree preservation orders

24.—(1) Subject to paragraph (2), the undertaker may fell or lop any tree made subject to a tree preservation described in Schedule 7 (trees subject to tree preservation orders) or cut back its roots or undertake such other works described in column (2) of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule or any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after the date this Order is made.

(2) The undertaker may only exercise the powers referred to in paragraph (1) if it reasonably believes it to be necessary in order to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development.

(3) In carrying out any activity authorised by paragraph (1)—

(a) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity;

(b) the duty contained in section 206(1) (replacement of trees) of the 1990 Act will not apply although where possible the undertaker must seek to replace any trees which are removed; and

(c) the undertaker must consult (with sufficient particulars to identify the tree) the relevant planning authority prior to that activity taking place.

(4) The authority given by paragraph (1) constitutes a deemed consent under the relevant tree preservation order.

(5) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

PART 5 POWERS OF ACQUISITION AND POSSESSION OF LAND

Compulsory acquisition of land

25.—(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development, or to facilitate it, or is incidental to it, or is required as replacement land (as defined in article 40 (special category land)).

(2) This article is subject to articles 27 (time limit for exercise of authority to acquire land compulsorily), 28(2) (compulsory acquisition of rights and imposition of restrictive covenants) and 35(11) (temporary use of land for carrying out the authorised development).

Compulsory acquisition of land – incorporation of the mineral code

26.  Parts 2 and 3 of Schedule 2 (minerals)( 81) to the Acquisition of Land Act 1981 are incorporated in this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated;

(b) for the “acquiring authority” substitute “the undertaker”;

(c) for “undertaking” substitute “authorised development”; and

(d) for “compulsory purchase order” substitute “this order”.

Time limit for exercise of authority to acquire land compulsorily

27.—(1) After the end of the period of 8 years beginning with the day on which this Order is made—

(a) no notice to treat is to be served under Part 1 of the 1965 Act as modified by this Order; and

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 31 (application of the 1981 Act),

in relation to the Order land for the purposes of this Order.

(2) The authority conferred by article 35 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Compulsory acquisition of rights and imposition of restrictive covenants

28.—(1) Subject to paragraphs (2) to (5), the undertaker may acquire such rights over the Order land, or impose restrictive covenants affecting the Order land, including rights and restrictive covenants for the benefit of a statutory undertaker or any other person, as may be required for any purpose for which that land may be acquired under article 25 (compulsory acquisition of land) by creating them as well as acquiring rights already in existence.

(2) In the case of the Order land specified in column (1) of Schedule 8 (land of which only new rights, etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants, as may be required for or in connection with the authorised development for the purposes specified in relation to that land in column (2) of that Schedule.

(3) The powers of paragraph (1) may be exercised by a statutory undertaker instead of by the undertaker in any case where the undertaker has given its prior consent to that in writing, and that consent may be given subject to terms and conditions.

(4) Where in consequence of paragraph (3), a statutory undertaker exercises the powers in paragraph (1) in place of the undertaker, except in relation to the payment of compensation the liability for which must remain with the undertaker, that person is to be treated for the purposes of this Order and by any person as being the undertaker in relation to the acquisition of the rights and the imposition of the restrictive covenants in question.

(5) The power conferred by paragraph (1) to acquire the rights and to impose the restrictive covenants described in Schedule 8 for the benefit of statutory undertakers or for the benefit of any other person—

(a) does not preclude the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 8 as may be required for the benefit of any other statutory undertaker or any other person; and

(b) must not be exercised by the undertaker in a way that precludes the acquisition of such other rights and the imposition of such other restrictive covenants in respect of the same land in accordance with Schedule 8 as are required for the benefit of any other statutory undertaker or any other person.

(6) Subject to Schedule 2A (counter-notice requiring purchase of land not in notice to treat)( 82) to the 1965 Act, as modified by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants), where the undertaker acquires a right over land or the benefit of a restrictive covenant, the undertaker is not required to acquire a greater interest in that land.

(7) Schedule 9 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

Private rights over land

29.—(1) Subject to the provisions of this article, all private rights over land subject to compulsory acquisition under this Order are extinguished—

(a) from the date of acquisition of the land by the undertaker, whether compulsorily or by agreement; or

(b) on the date of entry on the land by the undertaker under section 11(1) (power of entry)( 83) of the 1965 Act,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or the burden of the restrictive covenant—

(a) as from the date of the acquisition of the right or the benefit of the restrictive covenant by the undertaker, whether compulsorily or by agreement;

(b) on the date of entry onto the land by the undertaker under section 11(1) of the 1965 Act; or

(c) on carrying out any activity authorised by the Order which interferes with or breaches those rights,

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights over land owned by the undertaker that are within the Order limits are extinguished on carrying out any activity authorised by this Order which interferes with or breaches those rights.

(4) Subject to the provisions of this article, all private rights over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.

(5) Any person who suffers loss by the extinguishment or suspension of any private right under this article is entitled to compensation in accordance with the terms of section 152 (compensation in case where no right to claim in nuisance)( 84) of the 2008 Act to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.)( 85) of the 2008 Act or article 37 (statutory undertakers) applies.

(7) Paragraphs (1) to (4) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or the acquisition of the rights or the imposition of the restrictive covenants over or affecting the land;

(ii) the undertaker’s appropriation of it;

(iii) the undertaker’s entry onto it; or

(iv) the undertaker’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b) any agreement made at any time between the undertaker and the person in or to whom the right in question is vested or belongs.

(8) If any such agreement as is referred to in paragraph (7)(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(9) References in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Modification of Part 1 of the 1965 Act

30.—(1) Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions)( 86) of the 2008 Act is modified as follows.

(2) In section 4A(1) (extension of time limit during challenge)( 87) for “section 23 of the Acquisition of Land Act 1981 (application to the High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the eight year period mentioned in article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025”.

(3) In section 11A (powers of entry: further notice of entry)( 88)—

(a) in subsection (1)(a), after “land” insert “under that provision”;

(b) in subsection (2), after “land” insert “under that provision”.

(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025”.

(5) In Schedule 2A (counter-notice requiring purchase of land not in notice to treat)( 89)—

(a) for paragraphs 1(2) and 14(2) substitute—

“(2)  But see article 33(4) (acquisition of subsoil or airspace only) of the A122 (Lower Thames Crossing) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule. ”; and

(b) after paragraph 29, insert—

“PART  4 INTERPRETATION

30.   In this Schedule, references to entering on and taking possession of land do not include exercising the powers under articles 13 (use of private roads), 20 (protective work to land and buildings), 21 (authority to survey and investigate the land), 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development) of the A122 (Lower Thames Crossing) Development Consent Order 2025. ”

(6) In respect of Plots 28/08, 29/253, 29/254, 29/258, 29/259, 29/260 and 29/261 shown in the land plans, and without limitation to the powers under article 35 (temporary use of land for carrying out the authorised development), section 8 (other provisions as to divided land) of, and Schedule 2A to, the 1965 Act, must be construed to ensure—

(a) the freehold owner of those plots may serve a notice to require the undertaker to acquire the landowner’s interest in respect of the Whitecroft Care Home where any part of the authorised development has begun; and

(b) the undertaker must accept a notice served under sub-paragraph (a) and thereafter serve—

(i) notice of entry under section 11 (powers of entry) of the 1965 Act; or

(ii) a declaration under section 4 (execution of declaration) of the 1981 Act,

in respect of land and interests in those plots and the Whitecroft Care Home owned by the landowner as though it were an acceptance for the purposes of paragraph 11 of Schedule 2A to the 1965 Act.

Application of the 1981 Act

31.—(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (applic ation of Act)—

(a) in subsection (1), omit the words “in themselves”; and

(b) for subsection (2) substitute—

“(2)  This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order. ”.

(4) For section 4(1) (execution of declaration), substitute—

“(1)  The acquiring authority may execute in respect of any of the land which they are authorised to acquire by the compulsory purchase order a declaration in the prescribed form vesting the land in themselves, or in the case of land or a right that they are authorised to acquire for the benefit of a statutory undertaker or local authority, in the statutory undertaker or local authority in question, from the end of such period as may be specified in the declaration (not being less than 3 months from the date on which the service of notices required by section 6 is completed). ”

(5) In section 5(2) (earliest date for execution of declaration)( 90) omit the words from “, and this subsection” to the end.

(6) Omit section 5A (time limit for general vesting declaration)( 91).

(7) In section 5B(1) (extension of time limit during challenge)( 92) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008 the eight year period mentioned in article 27 (time limit for exercise of authority to acquire land compulsorily) of the A122 (Lower Thames Crossing) Development Consent Order 2025.”

(8) In section 6(1)(b) (notices after execution of declaration)( 93), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(9) In section 7(1)(a) (constructive notice to treat)( 94), omit “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(10) In section 8 (vesting, and right to enter and take possession)( 95), after subsection (3), insert—

“(4)  In this section references to the acquiring authority include any statutory undertaker or local authority referred to in section 4(1). ”.

(11) In section 10(1) (acquiring authority’s liability arising on vesting of the land), after “vested in an acquiring authority” insert “or a statutory undertaker or local authority”.

(12) For section 11(1) (recovery of compensation overpaid)( 96), substitute—

“(1)  This section applies where after the execution of a general vesting declaration a person (“ the claimant ”) claims compensation in respect of the acquisition of an interest in land by virtue of the declaration, and the acquiring authority pay compensation in respect of that interest. ”.

(13) In Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration)( 97), for paragraph 1(2) substitute—

“(2)  But see article 33(4) (acquisition of subsoil or airspace only) of the A122 (Lower Thames Crossing) Development Consent Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule. ”.

(14) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by this Order) to the compulsory acquisition of land under this Order.

Modification of the 2017 Regulations

32.—(1) The Schedule to the 2017 Regulations is modified as follows.

(2) In paragraph (3) of Form 1, after “from the date on which the service of notices required by section 6 of the Act is completed”, insert—

“(1A)  The [insert land or rights or both] described in Part [   ] of the Schedule hereto as being for the benefit of third parties and more particularly delineated on the plan annexed hereto vests in the statutory undertaker or local authority in question as from the end of the period of [insert period of 3 months or longer] from the date on which the service of notices required by section 6 of the Act is completed. ”.

(3) References in Form 2 to “in themselves” is substituted with “in themselves and any identified third parties”.

(4) In paragraph (b) of the notes on use of Form 2—

(a) after “Insert the name of the authority” insert “and where the context requires insert a reference to third parties”; and

(b) omit “Thereafter rely on that definition wherever “(b)” appears in the text.”.

Acquisition of subsoil or airspace only

33.—(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or of the airspace over the land referred to in paragraph (1) of article 25 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) In the case of the Order land specified in columns (1) and (2) of Schedule 10 (land in which only subsoil or new rights in and above subsoil and surface may be acquired) the undertaker’s powers of compulsory acquisition are limited to—

(a) the acquisition of such subsoil; and

(b) subject to paragraph (8), the acquisition of such easements or other new rights and the imposition of restrictive covenants in the remaining subsoil and over the surface of the land including rights and restrictive covenants for the benefit of a statutory undertaker,

as the undertaker may require for or in connection with the purposes specified in relation to that land in column (3) of that Schedule.

(3) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land referred to in paragraphs (1) or (2), the undertaker is not required to acquire an interest in any other part of the land.

(4) The following do not apply in connection with the exercise of the power under paragraph in relation to subsoil or airspace only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act (as modified by article 30 (modification of Part 1 of the 1965 Act));

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(c) section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test)( 98) of the 1990 Act.

(5) Paragraphs (3) and (4) are to be disregarded where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory.

(6) References in paragraph (2)(a) to subsoil are references to the subsoil lying at and below the depths specified in column (2) of Schedule 10 beneath the level of the surface of the land, and references to the remaining subsoil in paragraph (2)(b) are references to the part of the subsoil lying above the shallowest part of the subsoil acquired under paragraph (2)(a) but below the level of the surface of the land.

(7) For the purposes of paragraph (6) and Schedule 10, “ the level of the surface of the land” means—

(a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;

(b) in the case of a river (except in the case of the river Thames as provided in sub-paragraph (c)), dock, canal, navigation, watercourse or other water area, the level of the surface of the ground covered by water;

(c) in the case of the river Thames comprised in plots 15-10, 15-11, 15-12, 16-42 and 16-43, the level of Ordnance Datum Newlyn; or

(d) in any other case, ground surface level,

at the time of this Order coming into force.

(8) The undertaker may not acquire easements or other new rights or impose restrictive covenants under paragraph (2)(b) on, over or under the riverbed of the river Thames for the protection of the tunnels.

Rights under or over streets

34.—(1) The undertaker may enter on, appropriate and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development and may use the subsoil or airspace for those purposes or any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) does not apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary use of land for carrying out the authorised development

35.—(1) The undertaker may, in connection with the carrying out of the authorised development, but subject to article 27 (time limit for exercise of authority to acquire land compulsorily)—

(a) enter on and take temporary possession of—

(i) the land specified in column (1) of Schedule 11 (land of which temporary possession may be taken) for the purpose specified in relation to that land in column (2) of that Schedule relating to the part of the authorised development specified in column (3) of that Schedule; and

(ii) subject to paragraph (11), any other Order land in respect of which no notice of entry has been served under section 11( 99) (powers of entry) of the 1965 Act and no declaration has been made under section 4( 100) (execution of declaration) of the 1981 Act (other than a notice of entry or a declaration in connection with the acquisition of rights and/or the imposition of restrictive covenants only);

(b) remove any apparatus, buildings, landscaping and vegetation from that land;

(c) construct temporary works (including the provision of means of access) and buildings on that land; and

(d) construct any works on that land as are mentioned in Schedule 1 (authorised development).

(2) Not less than 28 days (or such period less than 28 days as may be requested by the undertaker and which is then approved by the owner of the land) before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and that notice must state the works, facilities or other purpose for which the undertaker intends to take possession of the land.

(3) The undertaker is not required to serve notice under paragraph (2) where the undertaker has identified a risk to the safety of—

(a) any person carrying out the authorised development or any of its parts;

(b) the public; or

(c) the surrounding environment,

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances.

(4) The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (3) of Schedule 11, or

(b) in the case of any land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the work for which temporary possession of the land was taken unless the undertaker has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace a building removed under this article;

(b) restore the land on which any permanent works have been constructed under paragraph (1)(d);

(c) remove any ground strengthening works which have been placed on the land to facilitate construction of the authorised development;

(d) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development;

(e) remove or reposition any apparatus installed for or belonging to statutory undertakers or necessary mitigation works;

(f) restore the land on which any soil reprofiling work has occurred; or

(g) remove any temporary works which have planning permission (where required) in place and where their retention has been agreed with the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Any dispute as to the satisfactory removal of temporary works and restoration of land under paragraph (5) does not prevent the undertaker giving up possession of the land.

(9) Subject to article 67 (no double recovery), nothing in this article affects any liability to pay compensation under section 152( 101) (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(10) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i) except that the undertaker is not to be precluded from—

(a) acquiring rights or imposing restrictions over any part of that land under article 28(2) (compulsory acquisition of rights and imposition of restrictive covenants) to the extent that such land is listed in column (1) of Schedule 8 (land of which only new rights etc. may be acquired);

(b) acquiring any part of the subsoil of or airspace over (or rights in the subsoil of or airspace over) that land under article 33(2) (acquisition of subsoil or airspace only) to the extent that such land is listed in column (1) of Schedule 10 (land in which only subsoil or new rights in and above subsoil and surface may be acquired); or

(c) extinguishing rights or restrictive covenants over any land subject to temporary possession in respect of removed or decommissioned apparatus under article 37(3) (statutory undertakers).

(11) The undertaker may not take temporary possession under paragraph (1)(a)(ii) of the surface of the land comprised in plots 14-04, 14-05, 14-06, 14-07, 14-08, 14-09, 14-10, 14-12, 14-13, 14-14, 14-15, 15-10, 15-11, 15-12, 15-13, 15-14, 15-15, 15-16, 15-20, 16-42 and 16-43 listed in Schedule 10.

(12) Where the undertaker takes possession of land under this article, the undertaker is not required to acquire the land or any interest in it.

(13) The undertaker may not take temporary possession of plots 15-09, 15-16, 15-17 and 15-21, land relating to the Milton Compound, until an agreement is made with the Mayor’s Office for Policing and Crime and the RSPB regarding the safe operation of the Metropolitan Police firing range.

(14) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in paragraph (1).

(15) Section 13( 102) (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125( 103) (application of compulsory acquisition provisions) of the 2008 Act.

Temporary use of land for maintaining the authorised development

36.—(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a) subject to paragraph (11), enter upon and take temporary possession of any land within the Order limits if such possession is reasonably required for the purpose of maintaining the authorised development;

(b) subject to paragraph (11), enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days (or such period less than 28 days as may be requested by the undertaker and which is then approved by the owner of the land) before entering upon and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land and that notice must state the works, facilities or other purpose for which the undertaker intends to take possession of the land.

(4) The undertaker is not required to serve notice under paragraph (3) where the undertaker has identified a risk to the safety of—

(a) the operation of the authorised development or any of its parts;

(b) the public; or

(c) the surrounding environment,

and in such circumstances, the undertaker may enter the land under paragraph (1) subject to giving such period of notice as is reasonably practical in the circumstances.

(5) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(6) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(7) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(8) Any dispute as to a person’s entitlement to compensation under paragraph (7), or as to the amount of the compensation must be determined as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(9) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (7).

(10) Where the undertaker takes possession of land under this article, it is not required to acquire the land or any interest in it.

(11) The undertaker may not take temporary possession under paragraph (1)(a) and (1)(b) of the surface of the land comprised in plots 14-04, 14-05, 14-06, 14-07, 14-08, 14-09, 14-10, 14-12, 14-13, 14-14, 14-15, 15-10, 15-11, 15-12, 15-13, 15-14, 15-15, 15-16, 15-20, 16-42 and 16-43 in Schedule 10 (land in which only subsoil or new rights in and above soil are surface may be acquired).

(12) Section 13 (refusal to give possession to the acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

(13) In this article “ the maintenance period”, in relation to any part of the authorised development means the period of 5 years beginning with the date on which that part of the authorised development is first opened for use save that in relation to landscaping “ the maintenance period” means such period as may be approved in a landscaping and ecology management plan pursuant to paragraph 5 of Schedule 2 (requirements).

Statutory undertakers

37.—(1) Subject to the provisions of Schedule 14 (protective provisions), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 33 (acquisition of subsoil or airspace only), article 35(10) (temporary use of land for carrying out the authorised development), and paragraph (2), the undertaker may—

(a) acquire compulsorily, or acquire existing or new rights or impose restrictive covenants over, any Order land belonging to statutory undertakers; and

(b) extinguish the rights or the benefit of a restrictive covenant of, or remove or reposition apparatus belonging to, statutory undertakers over or within the Order land.

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a) Part 3 (street works in England and Wales) of the 1991 Act; and

(b) article 38 (apparatus and rights of statutory undertakers in stopped up streets).

(3) Subject to paragraph (4), where the power in paragraph (1)(b) is exercised in relation to any Order land in respect of which the undertaker takes temporary possession under article 35 (temporary use of land for carrying out the authorised development), the undertaker may only extinguish rights or restrictive covenants in respect of apparatus belonging to statutory undertakers removed or decommissioned where—

(a) the undertaker, in agreement with the statutory undertaker, gives a notice to the landowner of the rights or restrictive covenants proposed to be extinguished; and

(b) that notice has been provided prior to giving up temporary possession under article 35.

(4) The extinguishment of a right or restrictive covenant under paragraph (3) does not—

(a) relieve the need for the undertaker to comply with, or otherwise affect the application of, article 35(5) of this Order; or

(b) give rise to any cause of action relating to the presence on or in the land of any foundations and the undertaker is not required to remove foundations when giving up temporary possession.

(5) Subject to paragraph (6) and (7), the undertaker must, unless otherwise agreed by the landowner and any relevant statutory undertaker, when all of the specified works listed in column (1) of the table below have been completed, by exercise of the power in paragraph (1)(b) or otherwise—

(a) extinguish or otherwise terminate any rights and restrictive covenants which have been created, acquired or imposed for the purpose of the corresponding work listed in the column (2) of the table below; and

(b) notwithstanding article 35(5), remove any apparatus which has been installed as part of the corresponding work listed in the column (2) of the table below.

(6) The obligation in paragraph (5) applies in respect of rights and restrictive covenants which have been created, acquired or imposed and to apparatus installed for or which belongs to a statutory undertaker when, subject to the provisions of Schedule 14 (protective provisions), appropriate facilities and rights in respect of any specified work in column (1) of the table above have been granted to the relevant statutory undertaker.

(7) The obligation on the undertaker to remove apparatus in relation to paragraph (5) does not apply if the statutory undertaker is required to remove the apparatus under Schedule 14 (Protective Provisions) or by virtue of an agreement with that statutory undertaker.

(8) Insofar as the power under paragraph (1) is used to acquire easements or other new rights or impose restrictive covenants in subsoil, it is subject to article 33(8) (acquisition of subsoil or airspace only).

Apparatus and rights of statutory undertakers in stopped up streets

38.—(1) Where a street is stopped up under article 14 (permanent stopping up of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 14 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by the undertaker must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, the undertaker must pay to any statutory utility an amount equal to the cost reasonably incurred by the statutory utility in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess.

(5) For the purposes of paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 (street works in England and Wales) of the 1991 Act, but instead—

(a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b) the allowable costs are to be borne by the undertaker and the statutory utility in such proportions as may be prescribed by any such regulations.

(8) In this article—

“ relocation works” means work executed, or apparatus provided, under paragraph (2); and

“ statutory utility” means a statutory undertaker for the purposes of the 1980 Act or a public communications provider as defined in section 151(1) (interpretation of Chapter 1)( 104) of the Communications Act 2003.

Recovery of costs of new connections

39.—(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 37 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 37, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which article 38 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this article—

“ public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003; and

“ public utility undertaker” means a gas, water, electricity or sewerage undertaker.

Special category land

40.—(1) On the exercise by the undertaker of the relevant Order powers, subject to paragraph (5) the specified special category land and any rights over that land is not to vest in the undertaker (or any specified person) until—

(a) the replacement land has been acquired in the undertaker’s name or is otherwise in the name of the persons who owned the specified special category land on the date those powers are exercised;

(b) the Secretary of State has certified (following consultation by the undertaker with the relevant planning authority) has approved a scheme for the provision of the replacement land including a timetable for the implementation of the scheme has been received from the undertaker; and

(c) the relevant planning authority has certified that the scheme has been implement to its satisfaction.

(2) On the requirements of paragraph (1) being satisfied—

(a) the specified special category land is to vest in the undertaker (or any specified person) and be discharged from all rights, trusts and incidents to which it was previously subject; and

(b) the rights to be acquired over the specified special category land are to vest in the undertaker (or any specified person) and the specified special category land is to be discharged from all rights, trusts and incidents to which it was previously subject but only in so far as their continuance would be inconsistent with the exercising by the undertaker of the Order rights.

(3) The undertaker must implement the scheme certified by the Secretary of State under paragraph (1) and on the date on which the replacement land is laid out and provided in accordance with that scheme, the replacement land is to vest in the person(s) in whom the specified special category land was vested on the date of the exercise of the Order powers (if that replacement land is not already owned by those persons) and is to be subject to the same rights, trusts and incidents as attached to the specified special category land.

(4) As soon as reasonably practicable after paragraph (3) takes effect in relation to the Orsett Fen common land and the Tilbury Green common land respectively, the undertaker must apply under section 14( 105) (statutory dispositions) of the Commons Act 2006 and paragraph 8 of Schedule 4 (applications pursuant to section 14: statutory dispositions) to the Commons Registration (England) Regulations 2014( 106) to amend the relevant register of common land accordingly.

(5) Paragraphs (1) and (2) do not have effect in relation to the Tilbury Green common land, or the Orsett Fen common land respectively if at the time of the exercise of the relevant Order powers over that land, that land has been de-registered as common land.

(6) A scheme certified under sub-paragraph (1)—

(a) must comply with the outline LEMP; and

(b) may be certified in relation to part of the specified special category land, and paragraphs (1) and (2) are to have effect accordingly, so long as the certified scheme provides for the replacement land required in respect of the relevant Order land.

(7) On the exercise by the undertaker of the relevant Order powers, so much of the excepted land as is required for the purposes of the exercise of those powers is discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise of those powers.

(8) In this article—

“ the excepted land” means the land identified as—

“ the Orsett Fen common land” means the land identified as plots 35-13, 35-14, 35-60, 37-01, 38-55 and 38-58 in the book of reference and the special category land plans;

“ the relevant Order powers” means the powers exercisable over the special category land by the undertaker under article 25 (compulsory acquisition of land) or article 28 (compulsory acquisition of rights and imposition of restrictive covenants);

“ the specified special category land” means the land, or any part of that land, identified as plots 03-14, 04-88, 04-144, 04-250, 04-264, 04-265, 04-274, 13-03, 20-63, 23-106, 29-02, 29-09, 29-282, 29-283, 33-18, 33-35, 35-14, 35-60, 37-01, 38-58, 43-07, 43-08, 43-09, 43-22, 43-23, 43-24, 43-25, 43-31, 43-33, 43-39, 43-106, 43-109, 43-110, 44-12, 44-51, 46-06, 46-08, 46-09, 46-11, 46-12, 46-13, 46-18 and 46-55 in the book of reference and the special category land plans, being the land in respect of which the Secretary of State is satisfied that section 131(4) or section 132(4) of the 2008 Act applies;

“ the replacement land” means the land identified as plots 03-43, 03-54, 03-85, 11-79, 13-94, 20-70, 20-78, 20-79, 23-117, 29-01, 29-12, 29-16, 29-18, 29-19, 33-04, 33-13, 34-14, 34-16, 34-18, 35-52, 35-57, 37-04, 38-62, 42-19, 42-26, 42-33, 43-04, 44-19, 46-19, 47-29, 47-32 and 47-33 in the book of reference and on the special category land plans, being the replacement for the special category land;

“ right, trusts, and incidents” means all such provisions attaching to the land, and in respect of the Tilbury Green common land, the Walton Common and Parsonage Common, and the Orsett Fen common land includes all such provisions attaching to that land contained in or having effect under the 1825 Act, the Commons Regulation (West Tilbury) Provisional Order Confirmation Act 1893( 107), section 193 of the Law of Property Act 1925( 108), and the Commons Act 2006;

“ specified person” means a person other than the undertaker for whose benefit the replacement land or rights are being acquired and includes the owner of special category land on the date of the exercise of the relevant powers or a statutory undertaker;

“ the Tilbury Green common land” means the land identified as plots 20-63, 20-75, 20-76, 23-106 and 23-120 in the book of reference and the special category land plans; and

“ the Walton Common and Parsonage Common” means the land identified as plots 21-25 and 23-170 in the book of reference and the special category land.

Disregard of certain improvements, etc.

41.—(1) In assessing the compensation payable to any person on the acquisition from that person of any land or right over any land under this Order, the tribunal must not take into account—

(a) any interest in land; or

(b) any enhancement of the value of any interest in land by reason of any building erected, works carried out or improvement or alteration made on the relevant land,

if the tribunal is satisfied that the creation of the interest, the erection of the building, the carrying out of the works or the making of the improvement or alteration as part of the authorised development was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.

(2) In paragraph (1) “ relevant land” means the land acquired from the person concerned or any other land with which that person is, or was at the time when the building was erected, the works constructed or the improvement or alteration made as part of the authorised development, directly or indirectly concerned.

Set off for enhancement in value of retained land

42.—(1) In assessing the compensation payable to any person in respect of the acquisition from that person under this Order of any land (including the subsoil) the tribunal must set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to that person by reason of the construction of the authorised development.

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 28 (compulsory acquisition of rights and imposition of restrictive covenants), the tribunal must set off against the value of the rights so acquired—

(a) any increase in the value of the land over which the new rights are required; and

(b) any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,

which will accrue to that person by reason of the construction of the authorised development.

(3) The 1961 Act has effect, subject to paragraphs (1) and (2) as if this Order were a local enactment for the purposes of that Act.

Crown rights

43.—(1) Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular, nothing in this Order authorises the undertaker or any licensee to use, enter upon or in any manner interfere with any land or rights of any description—

(a) belonging to His Majesty in right of the Crown and forming part of the Crown Estate without the consent in writing of the Crown Estate Commissioners;

(b) belonging to His Majesty in right of the Crown and not forming part of the Crown Estate without the consent in writing of the government department having the management of that land; or

(c) belonging to a government department or held in trust for His Majesty for the purposes of a government department without the consent in writing of that government department.

(2) Paragraph (1) does not apply to the exercise of any power under this Order for the compulsory acquisition of any interest in any Crown land (as defined in the 2008 Act) for the time being held otherwise than by or on behalf of the Crown.

(3) A consent under paragraph (1) may be given unconditionally or subject to terms and conditions; and is deemed to have been given in writing where it is sent electronically.

PART 6 OPERATIONS

Power to operate, use and close the tunnel area

44.—(1) The undertaker may operate and use the tunnel area in its capacity, and for the purposes of its functions, as a highway authority.

(2) The undertaker may, whenever in its opinion it is necessary to do so, close the tunnel area, whether wholly or partially.

(3) Where the undertaker proposes to close the tunnel area under paragraph (2), it must except in an emergency—

(a) give not less than 7 days’ notice to the relevant local authorities in such other manner as the undertaker considers appropriate; and

(b) throughout the period of such closure display signs at convenient situations on the roads communicating with the tunnel area giving warning of the closure.

(4) The power to operate and close the tunnel area under this article will only apply and have effect from the date when the tunnel area is completed and open for public use.

(5) In this article—

“ emergency” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to—

“ relevant local authorities” means Kent County Council, Thurrock Council, and Gravesham Borough Council.

Road user charging

45.—(1) Subject to the following paragraphs, the date when the tunnels are completed and open for traffic, the Secretary of State may impose road user charges in respect of motor vehicles using the tunnel area in accordance with Schedule 12 (road user charging provisions for use of the Lower Thames Crossing).

(2) Without prejudice to, and notwithstanding, any enactment, the Secretary of State may, with such terms and conditions as the Secretary of State may determine, transfer the power to impose road user charges under paragraph (1) to any person or body.

(3) Where the Secretary of State transfers the power to impose road user charges pursuant to paragraph (2)—

(a) The Secretary of State must publish a notice of that transfer in such manner as the Secretary of State considers appropriate to bring the transfer to the attention of all persons who are likely to be affected by it;

(b) The Secretary of State may revoke or vary that transfer where they deem a revocation or variation is reasonably necessary or expedient;

(c) That person or body may not transfer the power without the consent of the Secretary of State; and

(d) Paragraph (1) of this article, article 46 (suspension of road user charging) and Schedule 12 are to be construed so that references to the Secretary of State are references to that person or body.

Suspension of road user charging

46.—(1) The Secretary of State may suspend the operation of any road user charge imposed under article 45 (road user charging) if they consider that it is necessary to do so—

(a) in the event of an emergency, to enable or facilitate any action taken in response to the emergency; or

(b) to enable or facilitate a temporary event to take place.

(2) A suspension under this article is for such period as the Secretary of State considers necessary—

(a) in the case of an emergency, to enable or facilitate the response to the emergency (but in any event no longer than 30 days); or

(b) in the case of a temporary event, to enable or facilitate the event to take place, together with any associated works undertaken before or after it.

(3) A suspension under this article may be in whole or in part; and if the road user charge is suspended in part that suspension may be in respect of—

(a) any road in respect of which charges are imposed;

(b) any event by reference to the happening of which a charge is imposed; or

(c) any class of motor vehicle in respect of which charges are imposed.

(4) The Secretary of State must publish a notice of any suspension under this article and such notice must—

(a) be published in such manner as the Secretary of State considers appropriate to bring the suspension to the attention of all persons who are likely to be affected by it; and

(b) state the period for which the charge is likely to be suspended.

(5) In the case of a suspension under paragraph (1)(a), the Secretary of State must keep under review the need for the suspension to continue, and may increase or reduce the period for which the charge is to be suspended, but may not increase it so as to suspend the scheme for a period of more than 30 days.

(6) In this article “ emergency” means any circumstance whether existing or imminent, which the Secretary of State considers is likely to cause danger to persons or property, or the environment.

No apparatus in the tunnel area without consent

47.  Regardless of anything contained in any enactment, no person is to enter upon, breakup or interfere with the tunnel or tunnel area, or any part of it, for the purpose of placing or doing anything in or in relation to any sewer, drain, main, pipe, wire or other apparatus or executing any work except with the written consent of the undertaker and in accordance with such terms and conditions as the undertaker may determine, including as to payment, such consent not to be unreasonably withheld and any disputes as to failure to consent or over terms and conditions to be subject to the arbitration provisions in article 64 (arbitration).

Protection of the tunnel area, etc.

48.—(1) Subject to paragraph (2) —

(a) the PLA must not, whether under the 1968 Act or otherwise, carry out, or grant a river works licence or a river dredging licence to carry out the restricted first and second protection zone activities; and

(b) no other person may carry out the restricted first and second protection zone activities,

without the consent of the undertaker.

(2) Notwithstanding paragraph (1), a consent under that paragraph is not required in connection with—

(a) the PLA carrying out or granting a river works licence or a river dredging licence to carry out the exempt second protection zone activities; or

(b) any other person carrying out the exempt second protection zone activities.

(3) Any consent given to the PLA under this article to carry out or grant a river works licence or a river dredging licence is a consent for the purposes of this article to the holder of that licence to carry out any restricted first and second protection zone activities authorised by that licence.

(4) If the PLA or any other person contravenes the provisions of paragraph (1), the undertaker may by notice in writing require the PLA or any other person that has contravened the provision of paragraph (1) to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of the undertaker) within a reasonable time specified in the notice and to restore the part of the river Thames or land concerned to its former condition and make good any impairment or damage to the tunnel area.

(5) If the person to whom a notice under paragraph (4) is given fails to comply with that notice, the undertaker may carry out the work required by the notice and recover the costs of so doing from that person.

(6) A consent under this article may be given unconditionally or subject to terms and conditions and must not be unreasonably withheld.

(7) If the undertaker receives an application for consent under this article from the PLA and fails to notify the sender of its decision before the end of the period of 28 days beginning with the date after the application was made, it is deemed to have granted consent.

(8) The undertaker must—

(a) designate the person to whom an application for consent should be made under paragraph (1) and may from time to time alter any such designation; and

(b) give the PLA written notification of any such designation.

(9) From the date Work No. 5A or Work No. CA5 is commenced, the permission under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987( 109) to anchor or berth vessels in the area identified as Higham bight anchorage under the licence dated 28 May 1992 with the reference 9/92 may not be varied or otherwise modified without the consent of the undertaker, and that licence ceases to have effect insofar as the vessel is carrying—

(a) substances or articles which have a mass explosion hazard;

(b) substances or articles which have a projection hazard; or

(c) any other substances or articles which—

(i) may affect the safe construction, maintenance or operation of the tunnel area and which are designated for the purposes of this sub-paragraph by the undertaker with the agreement of the Health and Safety Executive and the PLA; and

(ii) following a designation under sub-paragraph (i), have been published on a website operated by the undertaker or the Health and Safety Executive.

(10) In this article —

“ any other activity” includes any activity which constitutes a “material operation” under section 56(4) of the 1990 Act or “works” under the 1968 Act;

“ commenced” has the same meaning as the definition of commence in Schedule 2 (requirements) to this Order;

“ the restricted first and second protection zone activities” means the following activities within the part of the river Thames that is situated within the first protection zone or second protection zone shown on the river restrictions plan—

“ river works licence” means a licence granted by the PLA under section 66 (licensing of works) of the 1968 Act;

“ river dredging licence” means a licence granted by the PLA under section 73 (licensing of dredging, etc.) of the 1968 Act;

“ the exempt second protection zone activities” means the following activities within the part of the river Thames that is situated within the second protection zone shown on the river restrictions plan—

Removal of vehicles

49.—(1) If any obstruction is caused by a vehicle waiting, loading, unloading or breaking down in the tunnel area, the person in charge of the vehicle must immediately remove it; and if that person fails to do so an authorised person may take all reasonable steps to remove the obstruction.

(2) An authorised person who removes a vehicle under paragraph (1) may do so by towing or driving the vehicle or in such other manner as the authorised person may think necessary and may take such measures in relation to the vehicle as the authorised person considers necessary to enable the vehicle to be removed.

(3) Where an authorised person requires a person to remove a vehicle which is causing an obstruction in the circumstances described under paragraph (1) and the authorised person determines that the manner of removal proposed by the person required to remove it may cause danger to other persons using the road, the authorised person may require the vehicle to be moved in such other manner as the authorised person considers safe or may remove or arrange for the removal of the vehicle if the person required to remove it refuses to remove it in the manner so required.

(4) A vehicle removed by an authorised person under this article—

(a) may be returned immediately to the person in charge of that vehicle; or

(b) where immediate return of that vehicle to the person in charge of it is not practicable or appropriate, must be delivered to the undertaker or to a person authorised by the undertaker to keep vehicles so removed (“the custodian” in either case).

(5) The custodian is entitled to recover the relevant charges from any person responsible and the custodian is entitled to retain custody of the vehicle until that sum is paid.

(6) The custodian may dispose of a vehicle (including its contents) at any time after its removal—

(a) where the owner of the vehicle has disclaimed all rights of ownership of the vehicle;

(b) where in the opinion of the authorised person the vehicle is in such a condition that it ought to be destroyed;

(c) in the case of a vehicle, not falling within sub-paragraph (a) or (b), which—

(i) does not display a licence (whether current or otherwise and whether or not the vehicle is required to display a licence); and

(ii) does not display any registration mark (whether indicating registration within or outside the United Kingdom).

(7) In a case to which paragraph (6) does not apply, the custodian must—

(a) if the vehicle carries a United Kingdom registration mark, ascertain from records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994( 110) the name and address of the person by whom the vehicle is kept; or

(b) if the vehicle does not carry such a registration mark, make such inquiries as appear to the custodian reasonably practicable to ascertain the owner of the vehicle.

(8) If the custodian, having taken the relevant steps required under paragraph (7), is unable to ascertain the name and address of the owner of the vehicle, the custodian may dispose of the vehicle.

(9) A custodian who has ascertained the name and address of the owner of the vehicle must issue a notice to the owner at the owner’s address in the form prescribed in paragraph (10).

(10) A notice under paragraph (9) must set out—

(a) the specified information;

(b) the place to which the vehicle has been removed;

(c) that if the recipient is the owner of the vehicle, the recipient is required to remove the vehicle from the custody of the custodian and pay the relevant charges within a period not less than 7 days beginning with the day on which the notice is served; and

(d) that the custodian intends to dispose of the vehicle if it is not removed within that period.

(11) If the person to whom the notice issued under paragraph (9) fails to comply with all of its requirements, the custodian may dispose of the vehicle at any time after the date specified in the notice in accordance with paragraph (10).

(12) As soon as reasonably practicable following the disposal of a vehicle under this article the custodian must—

(a) where the vehicle carried a GB registration mark or a mark indicating registration in Northern Ireland, give information relating to the disposal to—

(i) the Secretary of State;

(ii) the chief officer of the police force in whose area the vehicle was removed under paragraph (1); and

(iii) HPI Ltd;

(b) where the vehicle carried a mark indicating registration outside the United Kingdom, give information relating to the disposal to—

(i) the Secretary of State;

(ii) the Commissioners of Customs and Excise; and

(iii) the chief officer of the police force in whose area the vehicle was removed under paragraph (1);

(c) where the vehicle did not carry any registration mark, give information relating to the disposal to the chief officer of the police force in whose area the vehicle was removed under paragraph (1); and

(d) in the case of any vehicle, information relating to the disposal must be given to any person who appears to the custodian to have been the owner of the vehicle immediately before it was disposed of.

(13) A person (“ the claimant”) may take possession of a vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under this article, if—

(a) the claimant satisfies the custodian that the claimant is the owner of the vehicle or that the claimant is authorised by the owner to take possession of the vehicle;

(b) all outstanding relevant charges are paid to the custodian; and

(c) the claimant takes possession of the vehicle within seven days of the custodian being satisfied of the matter in paragraphs (a) and (b).

(14) If before the end of the period of one year beginning with the date on which a vehicle is disposed of pursuant to this article, a person claims to have been the owner of the vehicle at the time when it was disposed of and—

(a) the person claiming satisfies the custodian that the person so claiming was the owner of the vehicle at the time it was disposed of;

(b) the claim is made before the end of the period of one year beginning with the date on which the vehicle was disposed of; and

(c) no previous claim in respect of the vehicle has been made,

the specified sum is payable by the custodian to the owner.

(15) Where it appears to the custodian of a vehicle that more than one person is the owner, the custodian must treat the first person who makes a claim that satisfies the conditions set out in paragraphs (13) and (14) as the owner for the purposes of this article.

(16) For the purposes of this article—

(a) the owner of a vehicle is taken to be the person by whom the vehicle is kept and in determining for those purposes who was the owner of the vehicle at any time, it is presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994; and

(b) “ breaking down” includes by way of a mechanical or technological defect, lack of fuel, oil, water or power required for the vehicle or any other circumstances in which a person in charge of the vehicle could not immediately, safely and without damage to the vehicle or its accessories drive it under its own power away from the tunnel area.

(17) In this article—

“ GB registration mark” means a registration mark issued in relation to a vehicle under the Vehicle Excise and Registration Act 1994;

“ HPI Ltd” means HPI Limited (company number 04068979), whose registered office is at Capitol House, Bond Court, Leeds, Yorkshire, England, LS1 5EZ, being a company incorporated under the Companies Act 1985 and includes its successors and assigns or any body which takes on its functions in relation to vehicle identification and registration;

“ information relating to the disposal” means, in relation to a vehicle—

“ owner”, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement;

“ person responsible”, in relation to a vehicle, means—

“ relevant charges” means the sums and charges prescribed by the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges) Regulations 2008( 112);

“ specified information”, in relation to a vehicle, means such of the following information as can be, or could have been, ascertained from an inspection of the vehicle, or has been ascertained from any other source—

“ specified sum” means a sum calculated by deducting from the proceeds of sale the relevant charges that would have been payable had the vehicle been claimed by the owner immediately before its disposal; and

“ vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.

Removal of obstructions

50.—(1) Where an obstruction or hazard is caused in the tunnel area by a load falling from a vehicle and the person in charge of the vehicle fails to remove it, an authorised person may take all reasonable steps to remove the load.

(2) An authorised person—

(a) may return a load which the authorised person has removed immediately to the person in charge of the vehicle from which it has fallen; or

(b) where a return of the load which the authorised person has removed to the person in charge of the vehicle from which it has fallen is not practicable or appropriate, must deliver the load to the undertaker or to a person authorised by the undertaker to keep loads so removed (“the custodian” in either case).

(3) The custodian must take reasonable steps to ascertain the identity of the owner of the load.

(4) Where the custodian has been able to ascertain contact details for the owner of the load, the custodian must notify such person that—

(a) the load is in possession of the custodian;

(b) the owner must take possession of the load within five weeks of the date of the notice;

(c) the owner may only take possession of the load on the payment of the custodian’s expenses in removing and storing the load; and

(d) the owner fails to act in accordance with the requirements in the notice, title in the load vests in the custodian

(5) Where the custodian has been unable to ascertain contact details for the owner of the load, the custodian may dispose of or sell the load as the custodian thinks fit.

(6) The custodian may recover any expenses reasonably incurred in the removal and storage of a load from the owner of the load.

(7) Unless the owner of the load acts in accordance with the requirements of a notice issued under paragraph (4), title in the load vests in the custodian on the date specified in the notice.

(8) Where a load consists of, or includes, liquids or semi-liquids or items which are loose or an aggregate, or noxious, perishable or otherwise hazardous or difficult to collect-up or remove an authorised person or custodian (as the case may be) may, as it sees fit, immediately wash, clean or clear away or remove the fallen load or otherwise dispose of it or sell it.

(9) In this article “ vehicle” means any vehicle, whether or not it is in a fit state for use on roads, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle.

Byelaws relating to the tunnel area

51.—(1) The undertaker may make byelaws regulating—

(a) the efficient management and operation of the tunnel area;

(b) travel in the tunnel area;

(c) the maintenance of order in the tunnel area; and

(d) the conduct of persons in the tunnel area.

(2) The byelaws contained in Schedule 13 (Lower Thames Crossing byelaws) have effect in relation to the tunnel area and continue to have effect until such time as they are amended or revoked by further byelaws made under paragraph (1) and in each case are to be treated as if they are byelaws that have been made by the undertaker under paragraph (1) and confirmed by the Secretary of State on the date this Order comes into force.

(3) Subject to paragraph (4) the provisions of subsection 236(3) to (8), and (11) (procedure, etc., for byelaws) of the Local Government Act 1972( 113) apply in relation to byelaws (other than those in Schedule 13) made by the undertaker under paragraph (1) as if the undertaker were a local authority for the purposes of subsection 236(1) of the Local Government Act 1972.

(4) The undertaker may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016( 114) as if those regulations applied to the making and revoking of byelaws under this article.

(5) Byelaws made under this article are enforceable by the undertaker and any authorised person.

(6) A person who breaches a byelaw made under this article commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Fixed penalty notices relating to byelaws

52.—(1) This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 51 (byelaws relating to the tunnel area).

(2) The authorised person may serve on that person a fixed penalty notice in respect of the offence.

(3) Where a person is given a fixed penalty notice under this article in respect of an offence—

(a) no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and

(b) that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice.

(4) A fixed penalty notice must state—

(a) the amount of the fixed penalty;

(b) particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence;

(c) the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and

(d) that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice.

(5) The amount of the fixed penalty is—

(a) one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or

(b) one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction.

(6) An authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the United Kingdom.

(7) Payment of the deposit must be paid by such means as the undertaker may specify on its website as being acceptable.

(8) The undertaker must apply the deposit towards payment of the fixed penalty.

(9) In any proceedings a certificate which—

(a) purports to be signed on behalf of an officer of the undertaker; and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

PART 7 MISCELLANEOUS AND GENERAL

Disapplication of legislative provisions, etc.

53.—(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and within any maintenance period defined in article 36(13), any maintenance of the authorised development—

(a) sections 66 to 75 of the 1968 Act except where paragraph (5) applies;

(b) sections 141 (restriction on planting of trees etc. in or near carriageway), 169 (control of scaffolding on highways), 171 (control of deposit of building materials and making of excavations in streets), and 172 (hoardings to be set up during building etc.) of the 1980 Act;

(c) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991( 115);

(d) sections 23 (prohibition of obstructions, etc. in watercourses), 30 (authorisation of drainage works in connection with a ditch) and 32 (variation of awards) of the Land Drainage Act 1991( 116);

(e) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991; and

(f) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016( 117) in respect of a flood risk activity.

(2) The provisions of the Neighbourhood Planning Act 2017( 118), insofar as they relate to temporary possession of, or entry onto, land under this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 36(13), any maintenance of any part of the authorised development.

(3) Following the expiry of any maintenance period defined in article 36(13), the requirement under the 1968 Act to obtain a works licence under section 66 (licensing of works) of that Act does not apply to anything done within any structure forming part of the authorised development in connection with the operation or maintenance of the authorised development, or any other function of the undertaker in its capacity as a highway authority except where paragraph (4) applies.

(4) This paragraph applies where the undertaker seeks to carry out, construct or maintain any utility works beneath the riverbed of the river Thames which are not required directly or solely in connection with the construction, operation and maintenance of the highway that forms part of the authorised development.

(5) The provisions of the Allotments Act 1922( 119) do not apply to the exercise by the undertaker of any functions under this Order.

(6) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “ development”) of the Community Infrastructure Levy Regulations 2010( 120) any building comprised in the authorised development is deemed to be—

(a) a building into which people do not normally go; or

(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

(7) Nothing in this Order is to prejudice the operation of, and the exercise of powers and duties of the undertaker, a statutory undertaker or the Secretary of State under the 1980 Act, the 1991 Act, the 2000 Act and the Town and Country Planning (General Permitted Development) (England) Order 2015( 121).

Designation of fen land

54.—(1) Unless otherwise agreed with the Secretary of State following consultation by the undertaker with Natural England and subject to paragraph (2), from the specified date Fen land A and Fen land B are to be treated as though they were a manorial waste for the purposes of section 193 (rights of the public over commons and waste lands) of the Law Property Act 1925( 122) and this Order is to be treated as a scheme under section 193(1)(a) of that Act in connection with that manorial waste.

(2) Notwithstanding paragraph (1), the undertaker may restrict or regulate access to, or erect structures on, Fen land A or Fen land B where reasonably necessary for public safety or in the case of an emergency.

(3) In this article—

“ emergency” means any circumstance whether existing or imminent, which the undertaker considers is likely to cause danger to persons or property.

“ Fen land A” means the land identified as Area A shown in Appendix 2 of the outline LEMP;

“ Fen land B” means the land identified as Area B shown in Appendix 2 of the outline LEMP;

“ specified date” means—

Application of local legislation, etc.

55.—(1) The following local enactments, orders and local byelaws, and any byelaws or other provisions made under any of those enactments, orders or byelaws, are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by, this Order—

(a) an Act for making and maintaining a navigable Canal, from the River Thames, near to the Town of Gravesend, in the County of Kent, to the River Medway, at a Place called Nicholson’s Ship Yard, in the Parish of Frindsbury, in the said County; and also a certain Collateral Cut, from White Wall in the said Parish, to the said River Medway( 123);

(b) an Act for enabling the Company of Proprietors of the Thames and Medway Canal, to vary the Line of the said Canal, and to raise a further Sum of Money for completing the said Canal and the Works thereunto belonging; and for altering and enlarging the Powers of an Act, made in the Thirty-ninth and Fortieth Year of the Reign of His present Majesty, for making the said Canal and a Collateral Cut thereto( 124);

(c) an Act for enabling the Company of Proprietors of the Thames and Medway Canal to vary the Line of the said Canal; and for altering and enlarging the Powers of Two Acts passed in the Fortieth and Forty-fourth Years of His present Majesty, for making the said Canal and a Collateral Cut thereto( 125);

(d) the 1825 Act;

(e) Commons Regulation (West Tilbury) Provisional Order Confirmation Act 1893( 126);

(f) Medway and Thames Canal Act 1902( 127);

(g) London Overground Wires Act 1933( 128);

(h) London, Midland and Scottish Railway Act 1936( 129);

(i) Thames Barrier and Flood Prevention Act 1972( 130);

(j) County of Kent Act 1981( 131);

(k) Greater London Council (General Powers) Act 1986( 132);

(l) Essex Act 1987( 133);

(m) Channel Tunnel Rail Link Act 1996( 134);

(n) byelaws of the Rural District Council of Romford as to the nuisances in connection with the removal of offensive noxious matters 1899;

(o) byelaws of the Rural District Council of Romford for the prevention of nuisances 1902;

(p) byelaws of the Rural District Council of Romford with respect to the Drainage of Buildings 1908;

(q) Essex County Council byelaws for the Good Rule and Government 1938;

(r) Urban District of Hornchurch byelaws for Nuisances 1938;

(s) Urban District Council of Hornchurch byelaws as to removal through streets of offensive or noxious matter or liquid 1938;

(t) byelaws of the Urban District Council of Thurrock as to certain nuisances 1970;

(u) byelaws of Gravesham Borough Council in respect of pleasure grounds known as Thong Lane Sports Ground 1970;

(v) byelaws of the Borough of Medway in respect of pleasure grounds 1976;

(w) Thames Water Authority Land Drainage Byelaws 1981; and

(x) any other byelaws made under section 235 of the Local Government Act 1972( 135).

(2) For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order if and insofar as (in particular)—

(a) it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order;

(b) action taken in pursuance of a power conferred by this Order would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or

(c) action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this Order.

(3) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and at any rate within 14 days of receipt of the notice, respond in writing setting out—

(a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

(b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and

(c) the extent of that exclusion.

(4) Section 42 (certain future local Acts, etc., to be subject to the planning enactments, etc., except as otherwise provided) of the Local Government (Miscellaneous Provisions) Act 1976( 136)will not apply to the extent that it would make provisions of this Order authorising the construction, operation and maintenance of the authorised development subject to other provisions.

(5) Without prejudice to Part 10 (for the protection of Tilbury London Limited) of Schedule 14 (protective provisions), to the extent that there is any inconsistency or conflict between any works authorised under this Order, works carried out in connection with the authorised development, or the exercise by the undertaker of the functions conferred by this Order and all or any of the provisions of the Port of Tilbury (Expansion) Order 2019( 137) (“ the 2019 Order”) then, in respect of such inconsistency or conflict, there is deemed to be no breach, or non-compliance, of any provision or requirement of the 2019 Order by the Port of Tilbury London Limited or the undertaker.

Planning permission, etc.

56.—(1) If planning permission is granted under the powers conferred by the 1990 Act for development any part of which is within the Order limits following the coming into force of this Order that is—

(a) not itself a nationally significant infrastructure project under the 2008 Act or part of such a project; or

(b) required to complete or enable the use or operation of any part of the development authorised by this Order,

then the construction, maintenance, use or operation of that development under the terms of the planning permission does not constitute a breach of the terms of this Order.

(2) Development consent granted by this Order is to be deemed as specific planning permission for the purposes of section 264(3) (cases in which land is not to be treated as operational land for the purposes of that Act) of the 1990 Act.

(3) To the extent any development carried out or used pursuant to a planning permission granted under section 57( 138) (requirement of planning permission) of the 1990 Act or compliance with any conditions of that permission is inconsistent with the exercise of any power, right or obligation under this Order or the authorised development—

(a) that inconsistency is to be disregarded for the purposes of establishing whether any development which is the subject matter of that planning permission is capable of physical implementation; and

(b) in respect of that inconsistency, no enforcement action under the 1990 Act may be taken in relation to development carried out or used pursuant to that planning permission, or compliance with any conditions of that permission, whether inside or outside the Order limits.

(4) Any development or any part of a development within the Order limits which is constructed or used under the authority of a permission granted under section 57 of the 1990 Act including permissions falling under paragraphs (1) or (3), is deemed not to be a breach of, or inconsistent with, this Order and does not prevent the authorised development being carried out or used or any other power or right under this Order being exercised.

(5) Any works carried out under this Order are deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act for the purposes of section 9 (requirement of licence for felling)( 139) of the Forestry Act 1967.

(6) In paragraph (3), “ enforcement action” means any enforcement action provided for under Part 7 of the 1990 Act.

Application of landlord and tenant law

57.—(1) This article applies to—

(a) any agreement for leasing to any person the whole or any part of the authorised development or the right to operate the same; and

(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Defence to proceedings in respect of statutory nuisance

58.—(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance)( 140) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (d), (e), (fb), (g), and (ga) of section 79(1) (statutory nuisances and inspections therefor.) of that Act no order is to be made, and no fine may be imposed, under section 82(2)( 141) of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the construction or maintenance of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site)( 142) of the Control of Pollution Act 1974; or

(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance is a consequence of the use or operation of the authorised development and that it cannot reasonably be avoided.

(2) For the purposes of paragraph (1), compliance with the controls and measures described in the Code of Construction Practice or any environmental management plan approved under paragraph 4 of Schedule 2 to this Order will be sufficient, but not necessary, to show that an alleged nuisance could not reasonably be avoided.

(3) Section 61(9)( 143) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protection of interests

59.  Schedule 14 (protective provisions) has effect.

Deemed marine licence

60.  The marine licence set out in Schedule 15 (deemed marine licence) is deemed to have been issued under Part 4 of the 2009 Act for the licensed activities set out in Part 1, and subject to the licence conditions set out in Part 2, of that licence.

SACR

61.—(1) The undertaker must when carrying out the authorised development implement the measures contained in Parts 1 to 3 of the SACR (including the amendments required by paragraph 30 (amendments to be made to the SACR) of Part 3 (amendments to be made to the control documents) of Schedule 2 (requirements)) unless—

(a) otherwise agreed in writing with the person with the benefit of the measure; or

(b) an application submitted by the undertaker for revocation, suspension or variation of the measure has been approved in writing by the Secretary of State, following consultation by the undertaker with the person(s) with the benefit of the measure and any other persons considered appropriate.

(2) When determining whether to approve a revocation, suspension or variation of a measure under paragraph (1)(b), the Secretary of State—

(a) must consider the safe and expeditious delivery of the authorised development and whether—

(i) the measure is capable of implementation;

(ii) the measure no longer serves a useful purpose; and

(iii) the purpose of the measure could be served equally well with any proposed revocation, suspension or variation, and

(b) may consider additional matters that the Secretary of State considers relevant.

(3) In relation to an application under paragraph (1)(b)—

(a) the SACR is deemed to be modified so as to give effect to any revocation, suspension or variation approved by the Secretary of State; and

(b) the undertaker must, as soon as reasonably practicable after the Secretary of State determines an application for the revocation, suspension or variation of a measure, notify the person(s) with the benefit of the measure of that determination.

(4) Paragraph 22 of Schedule 2 (requirements) applies to an application to the Secretary of State for revocation, suspension or variation under paragraph (1)(b) as though it were a consultation required under that Schedule.

(5) The undertaker must, as soon as practicable following the exercise of any power under this Order, establish and maintain for a period of 3 years following the completion of the authorised development a register in electronic form, suitable for inspection by members of the public, which sets out in relation to each measure secured under paragraph (1)—

(a) the status of the measure; and

(b) whether any approval has been given or agreement made under paragraph (1)(a) or (b).

Certification of documents, etc.

62.—(1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 16 (documents to be certified) to the Secretary of State for certification that they are true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 16 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

(3) A plan or document so certified will be admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(4) The undertaker must, following certification of the plans or documents in accordance with paragraph (1), make those plans or documents available in electronic form for inspection by members of the public.

Service of notices

63.—(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(c) with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post)( 144) of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement will be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(c) the notice or document is legible in all material respects; and

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender will provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation will be final and will take effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article is not to be taken to exclude the employment of any method of service not expressly provided for by it.

(10) In this article “ legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Arbitration

64.—(1) Except where otherwise expressly provided for in this Order and unless otherwise agreed in writing between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

(2) Subject to article 65 (financial arrangements for the Kent Downs National Landscape), any matter for which the consent or approval of the Secretary of State is required under any provision of this Order is not subject to arbitration.

Financial arrangements for the Kent Downs National Landscape

65.—(1) The undertaker, Natural England and the Kent Downs National Landscape Unit (“ the parties”) are to agree in writing the financial contribution to be made available by the Applicant for the benefit of the Kent Downs National Landscape having regard to the amended duty under section 85 of the Countryside and Rights of Way Act 2000( 145).

(2) The agreement referred to in paragraph (1) is to be made prior to the commencement of the authorised development or the tunnel being open for use, whichever is the earlier.

(3) The financial contribution referred to in paragraph (1) is not to duplicate previously agreed mitigation or compensation measures already recorded in the SACR.

(4) The financial contribution referred to in paragraph (1) is to be used in accordance with the Kent Downs AONB Management Plan or any superseding document.

(5) If agreement is not reached regarding the financial contribution, the parties are to agree that the matter is referred to an agreed independent assessor or arbitrator, or failing agreement to be appointed on the application of any of the parties (after giving notice to the other parties) by the President of the Institution of Civil Engineers (“the President”).

(6) The parties are to agree a timetable with, and the provision of papers and documents to, the agreed independent assessor or arbitrator or with the arbitrator appointed by the President.

(7) The costs of the consideration of the financial contribution (referred to in paragraph (1)) by the agreed independent assessor or arbitrator, or the arbitrator appointed by the President, is to be paid by the undertaker.

(8) The reasonable costs of the Kent Downs National Landscape Unit is to be agreed between the parties and paid by the undertaker.

(9) The agreed independent assessor or arbitrator or the arbitrator appointed by the President is to prepare a recommendation regarding the appropriate level of the financial contribution referred to in paragraph (1).The recommendation referred to in paragraph (7) is to be submitted to the Secretary of State by the undertaker together with any supporting papers and documents provided to the agreed independent assessor or arbitrator or arbitrator appointed by the President.

(10) In relation to the recommendation, the Secretary of State may—

(a) approve the recommendation;

(b) refuse the recommendation; or

(c) modify the recommendation in such way as the Secretary of State thinks fit.

(11) The undertaker is required to amend the SACR so as to record—

(a) the written agreement regarding the financial contribution referred to in paragraph (1); or

(b) the outcome of the approved or modified recommendation,

before it is submitted for certification to the Secretary of State in accordance with article 62

Power to override easements and other rights

66.—(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the use of land arising by contract.

(2) The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support and include restrictions as to the user of land arising by the virtue of a contract.

(3) Subject to article 67 (no double recovery), where any interest, right or restriction to which this article applies is interfered with or breached under paragraph (1), unless otherwise agreed, compensation—

(a) is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection)( 146) of the 1965 Act; and

(b) is to be assessed in the same way and subject to the same rules as in the case of other compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that Act.

(4) Where a person deriving title under the undertaker by whom the land in question was acquired—

(a) is liable to pay compensation by virtue of paragraph (3); and

(b) fails to discharge that liability,

the liability is enforceable against the undertaker.

(5) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1).

(6) In this article “ authorised activity” means—

(a) the erection, construction or maintenance of any part of the authorised development;

(b) the exercise of any power authorised by this Order; or

(c) the use of any land (including the temporary use of land).

No double recovery

67.  Compensation will not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more articles of this Order.

Interface with waste operation permits

68.—(1) Before the undertaker carries out an authorised activity which would give rise to inconsistency or conflict with an existing permit, it may—

(a) consult the Environment Agency and the permit holder on a draft environmental scheme;

(b) amend that scheme as appropriate to take into account of representations received; and

(c) submit the final scheme to the Environment Agency, and serve a copy of that scheme on the permit holder,

but if the undertaker decides not to submit an environmental scheme, it must give reasonable notice to any permit holder to enable appropriate steps to be taken to ensure it continues to be able to comply with its permit.

(2) The Environment Agency must within 56 days (or such other period as the undertaker and the Environment Agency may agree) of receipt of the final scheme under paragraph (1)(c) make a regulator initiated variation to the relevant existing permit.

(3) The Environment Agency must, subject to its duties under the 2016 Regulations, ensure that the regulator initiated variation referred to in paragraph (2)—

(a) allows the authorised activity to be carried out in accordance with the environmental scheme; and

(b) minimises the need for any future variations to the existing permit arising from an authorised activity.

(4) In relation to a regulator initiated variation made pursuant to this article, the 2016 Regulations are to be construed so that—

(a) regulation 20(2) (variation of an environmental permit) does not apply where the Environment Agency (or, in the case of an appeal, the appropriate authority) agrees that the conditions in paragraph 14(1)(a) and (b) (surrender applications) of Part 1 of Schedule 5 to the 2016 Regulations are satisfied by the environmental scheme;

(b) where a regulator initiated variation made pursuant to this article includes provision to reduce the extent of the site of a regulated facility, an application for a surrender of a permit in respect of land which, by virtue of that variation, is no longer the site of a regulated facility will not be required;

(c) paragraph 8 (public participation in relation to certain applications) of Part 1 of Schedule 5 to the 2016 Regulations does not apply;

(d) paragraph 9 (consultation: conditions mentioned in regulation 15(1)) of Part 1 of Schedule 5 to 2016 Regulations does not apply so as to require notice to be served on the undertaker;

(e) both the undertaker and the permit holder have a right of appeal under regulation 31(1)(c)(i) (applications to an appropriate authority);

(f) if the Environment Agency fails to comply with paragraph (2), the undertaker may serve a notice under paragraph 2(1) (making an appeal) of Schedule 6 of the 2016 Regulations and the undertaker may then appeal under regulation 31(1)(a), as if the failure were a refusal of an application under the Regulations;

(g) the appropriate authority for the purposes of regulation 31 is the Secretary of State for Transport;

(h) the permit holder must be served with a copy of an appeal made by the undertaker within 14 days of it being lodged and will have the right to make representations and appear at the appeal as an interested party; and

(i) no requirements relating to publicity of an appeal apply.

(5) Charges that would otherwise apply to a regulator initiated variation under the charging scheme are substituted by a requirement for the undertaker to pay to the Environment Agency its reasonable costs incurred in connection with paragraphs (1) to (3) of this article.

(6) Regulation 25 (application for the surrender of an environmental permit) of the 2016 regulations is to be construed to allow the undertaker to make an application, following consultation with the permit owner and the Environment Agency, to surrender in whole or in part an existing permit in respect of land which has been, or is proposed to be, compulsorily acquired by the undertaker under this Order.

(7) If a surrender application is made under paragraph (6) the undertaker must pay the surrender application charge that would otherwise have been payable by the permit holder under the charging scheme and regulation 31 of the 2016 Regulations is construed so that the undertaker may exercise the appeal rights associated with the application in place of the permit holder.

(8) In the case of a surrender application under paragraph (6) or a determination under paragraph 4(a) the requirement in paragraph 14(1)(b) of Part 1 of Schedule 5 to the 2016 Regulations is to be construed so that regard is also had to the use of the site subject to the application in connection with an authorised activity.

(9) Nothing in this article affects—

(a) the requirement under the 2016 Regulations for a regulated facility to be authorised by an environmental permit; or

(b) the right of a permit holder to make an application for a variation or surrender of an environmental permit under the 2016 regulations.

(10) In this article—

“ the 2016 Regulations” means the Environmental Permitting (England and Wales) Regulations 2016( 147) and unless otherwise specified, expressions used in this article have the same meaning as in those Regulations;

“ authorised activity” means any works or activities authorised by this Order, works carried out in connection with the authorised development, or the exercise by the undertaker of functions conferred by this Order;

“ charging scheme” means the Environment Agency (Environmental Permitting and Abstraction Licensing) (England) Charging Scheme 2022( 148), and includes any subsequent amendment to that scheme or any new scheme;

“ environmental scheme” means a written scheme containing appropriate measures to ensure—

“ existing permit” means any environmental permit in respect of a waste operation whether granted under the 2016 Regulations (or any predecessor or substituted regulations) before or after the coming into force of this Order granted by the Environment Agency on or over the Order limits, excluding any environmental permit obtained by the undertaker.

SCHEDULES

Article 2

SCHEDULE 1 AUTHORISED DEVELOPMENT

PART 1 AUTHORISED WORKS

A nationally significant infrastructure project as defined in sections 14 (nationally significant infrastructure projects: general), 16 (electric lines)( 149), 20 (gas transporter pipe-lines) and 22 (highways)( 150) of the 2008 Act, and associated development as defined in section 115(2) (development for which development consent may be granted)( 151) of the 2008 Act, comprising—

Work No. 1 – as shown on sheets 3, 4, 5 and 6 of the works plans and being the construction of the new A122 Lower Thames Crossing between the existing M2 junction 1 and the new A2/A122 Lower Thames Crossing junction (Work No. 2), to include—

(a) Work No. 1A – as shown on sheets 3 and 4 of the works plans and being the construction of an improved section of the existing M2 and the improvement works to the A2, to include—

(i) improvement works to the three-lane southbound carriageway of the existing M2, with widening to four-lane carriageway, for 1,115 metres in length, as shown on sheet 3 of the rights of way and access plans (reference points 2/6 and 2/9);

(ii) improvement works to the three-lane northbound carriageway of the existing M2, with widening to four-lane carriageway, for 835 metres in length, as shown on sheet 3 of the rights of way and access plans (reference points 2/2 to 2/8);

(iii) improvement works to the eastbound carriageway of the existing A2 mainline, for 2,460 metres in length, as shown on sheet 3 and 4 of the rights of way and access plans (reference points 2/9 to A2);

(iv) improvement works to the westbound carriageway of the existing A2 mainline for 2,460 metres in length, as shown on sheets 3 and 4 of the rights of way and access plans (reference points 2/8 to A3);

(v) the construction of a new section of highway with two-lane single carriageway, between the westbound carriageway of the improved A2 mainline and the northbound carriageway of the new A122 Lower Thames Crossing, 500 metres in length, as shown on sheet 4 of the rights of way and access plans (reference points 2/24 to A4); and

(vi) the construction of a new section of highway with two-lane single carriageway, between the southbound carriageway of the new A122 Lower Thames Crossing and the eastbound carriageway of the improved A2, 515 metres in length, as shown on sheet 4 of the rights of way and access plans (reference points A17 to A1).

(b) Work No. 1B – as shown on sheet 3 of the works plans and being the construction of an improved section of the existing M2, to include—

(i) the improvement of the existing single-lane carriageway, between the southbound carriageway of the existing A289 and the southbound carriageway of the improved M2 road (Work No. 1A), 245 metres in length, as shown on sheet 3 of the rights of way and access plans (reference points 2/18 and 2/7); and

(ii) the improvement of the existing single-lane carriageway, between the northbound carriageway of the improved M2 road (Work No. 1A) and the northbound carriageway of the existing A289, 255 metres in length, as shown on sheet 3 of the rights of way and access plans (reference points 2/2 and 2/31).

(c) Work No. 1C – as shown on sheets 3 and 4 of the works plans and being the construction of the new A2 eastbound link road, to include—

(i) the construction of a new section of highway of two-lane link road, between the eastbound carriageway of the existing A2 mainline and the northbound carriageway of the existing A289, 2,580 metres in length, as shown on sheets 3 and 4 of the rights of way and access plans (reference points 2/11 and A5);

(ii) the construction of a new section of local road, single carriageway, 75 metres in length, as shown on sheet 3 of the rights of way and access plans (reference points 4/4, 4/6 and 4/10);

(iii) the construction of a new private means of access to Park Pale business park, as shown on sheet 3 of the rights of way and access plans; and

(iv) the construction of a new public right of way between Park Pale and Shorne Woods, as shown on sheet 3 of the rights of way and access plans (reference points 4/5 and 4/4).

(d) Work No. 1D – as shown on sheet 4 of the works plans and being the construction of a new bridge to carry the realigned Brewers Road over the improved section of the A2, to include—

(i) the construction of a new bridge to carry the realigned Brewers Road over both carriageways of the improved section of the A2 mainline (Work No. 1A); the eastbound carriageway of the new A2 link road (Work No. 1C) and the westbound carriageway of the new A2 link road (Work No. 1F);

(ii) the demolition of the existing Brewers Road bridge over the existing A2;

(iii) improvement works to the existing Brewers Road, for 275 metres in length, as shown on sheet 4 of the rights of way and access plans (reference points 5/1 and 5/2); and

(iv) the construction of a public right of way from Brewers Road to Halfpence Lane roundabout, as shown on sheet 4 of the rights of way and access plans (reference points 5/13 and 5/9).

(e) Work No. 1E – as shown on sheet 4 of the works plans and being the construction of a section of the new local road between Halfpence Lane roundabout and Thong Lane bridge, to include—

(i) the construction of a new section of highway local road, with one-lane single carriageway, between the existing Halfpence Lane roundabout and Thong Lane bridge (Work No. 1H), 670 metres in length, as shown on sheet 4 of the rights of way and access plans (reference points 6/1 to A6 and 6/37 to 6/38);

(ii) the construction of a section of a new public right of way from Halfpence Lane roundabout to Thong Lane, as shown on sheet 4 of the rights of way and access plans (reference points 12/3 and A6); and

(iii) the construction of a new permissive path from Halfpence Lane roundabout to road leading to Scalers Hill House, as shown on sheet 4 of the rights of way and access plans (reference points 6/11 and A11).

(f) Work No. 1F – as shown on sheets 3 and 4 of the works plans and being the construction of the new A2 westbound link road, to include the construction of a new section of highway, two-lane single carriageway, between the southbound carriageway of the existing A289 and the westbound carriageway of the existing A2 mainline, 3,140 metres in length, as shown on sheets 3 and 4 of the rights of way and access plans (reference points 2/10 and A7).

(g) Work No. 1G – as shown on sheets 4 and 6 of the works plans and being the construction of the new A122 Lower Thames Crossing link road, to include the construction of a new highway, one lane single carriageway, between the new A2 westbound link road (Work No. 1F) and the new link road between the westbound carriageway of the improved A2 mainline and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 2A), 550 metres in length, as shown on sheets 4 and 6 of the rights of way and access plans (reference points 2/22 and A8).

(h) Work No. 1H – as shown on sheet 4 of the works plans and being the construction of a new bridge to carry the realigned Thong Lane over the improved section of the A2 mainline, to include—

(i) the construction of a new bridge to carry the realigned Thong Lane over both carriageways of the improved A2 mainline (Work No. 1A), the new A2 eastbound link road (Work No. 1C), the eastbound carriageway of the new A2 link road to the southbound carriageway of the A122 Lower Thames Crossing (Work No. 2C), the new road between the A2 link road and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 1G) and the new A2 westbound link road (Work No. 1F);

(ii) the construction of a new highway local road over Thong Lane, one-lane single carriageway, 420 metres in length, as shown on sheet 4 of the rights of way and access plans (reference points 6/2 and 6/3);

(iii) the construction of a new private means of access to access to the Inn on the Lake from the new Thong Lane, as shown on sheet 4 of the rights of way and access plans;

(iv) the construction of a new public right of way along the verge of the realigned Thong Lane, as shown on sheet 4 of the rights of way and access plans (reference points 6/8 and 6/3);

(v) the construction of a new public right of way in the access from Thong Lane, as shown on sheet 4 of the rights of way and access plans (reference points 6/9 and 6/41);

(vi) the construction of a new private means of access as shown on sheet 4 of the rights of way and access plans; and

(vii) the demolition of the existing Thong Lane bridge over the existing A2 mainline.

(i) Work No. 1I – as shown on sheet 3 of the works plans and being the construction of a new drainage infiltration basin with associated drainage facilities, to include—

(i) the construction of a new drainage infiltration basin with associated drainage facilities; and

(ii) the construction of a new private means of access from Park Pale, as shown on sheet 3 of the rights of way and access plans.

(j) Work No. 1J – as shown on sheet 3 of the works plans and being the construction of an improved drainage infiltration basin with associated drainage facilities.

(k) Work No. 1K – as shown on sheets 3 and 4 of the works plans and being the construction of a new public right of way, to include—

(i) the construction of a new public right of way from drainage pond to the improved public right of way south of the improved A2 mainline, as shown on sheet 3 of the rights of way and access plans (reference points 11/1 and 11/9);

(ii) the construction of a new private means of access to the existing drainage pond, as shown on sheet 3 of the rights of way and access plans;

(iii) improvement works to the existing public right of way along footpath NS179, as shown on sheets 3 and 4 of rights of way and access plans (reference points 11/8 and 5/14); and

(iv) the construction of a new public right of way from the improved footpath to the improved Brewers Road, as shown on sheet 4 of the rights of way and access plans (reference points 5/14 and 5/3).

(l) Work No. 1L – as shown on sheets 4, 5 and 6 of the works plans and being the construction of a new public right of way and permissive path, to include—

(i) the improvement works of the existing public right of way to a section between Halfpence Lane roundabout to Jeskyns Community Woodland, as shown on sheets 4 and 5 of the rights of way and access plans (reference points 6/44 and 6/53; and

(ii) the construction of a new permissive path between the improved public right of way and Jeskyns Community Woodland, as shown on sheets 5 and 6 of the rights of way and access plans (reference points 6/53 to 8/20 and 8/21 to 8/22).

(m) Work No. 1M – as shown on sheets 3 and 4 of the works plans and being the construction of a section of the new local road between the new A2 and the realigned Brewers Road, to include—

(i) the construction of a new highway, one-lane single carriageway, between the realigned Brewers Road and the new A2 eastbound link road (Work No. 1C), 645 metres in length, as shown on sheets 3 and 4 of the rights of way and access plans (reference points 5/6 and 5/11); and

(ii) the construction of a new highway, one-lane single carriageway, between the new A2 eastbound link road (Work No. 1C) and the realigned Brewers Road, 265 metres in length, as shown on sheet 4 of the rights of way and access plans (reference points 5/10 and 5/5).

(n) Work No. 1N – as shown on sheet 4 of the works plans and being the construction of a section of the new local road between the new A2 and the realigned Brewers Road, 70 metres in length, as show on sheet 4 of the rights of way and access plans (reference points A16 to 5/15 and 5/16).

(o) Work No. 1O – as shown on sheet 3 of the works plans and being the construction of a new public right of way, to include the construction of a new public right of way between Park Pale and the existing footpath NS161, as shown on sheet 3 of the rights of way and access plans (reference points 4/8 and 4/9).

Work No. 2 – as shown on sheets 4, 6, 7 and 11 of the works plans and being the construction of the new A2/A122 Lower Thames Crossing junction, to include—

(a) Work No. 2A – as shown on sheets 4, 6 and 11 of the works plans and being the construction of the new A122 Lower Thames Crossing link roads, to include—

(i) the construction of a new highway, three-lane single carriageway, between the westbound carriageway of the improved A2 mainline (Work No. 1A) and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 3A), 1,685 metres in length, as shown on sheets 4, 6 and 11 of the rights of way and access plans (reference points A1 and 1/4);

(ii) the construction of a new highway, two-lane single carriageway, between the eastbound carriageway of the improved A2 mainline (Work. No. 1A) and the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 3A), 1,225 metres in length, as shown on sheets 4, 6 and 11 of the rights of way and access plans (reference points A4 and 1/3); and

(iii) the construction of a new underbridge to carry the new link road between the westbound carriageway of the improved A2 (Work No. 1A) and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 3A) under the eastbound and westbound carriageways of the improved A2 mainline (Work No. 2S) and the new link road between the westbound carriageway of the improved A2 and the new Cobham roundabout (Work No. 2T).

(b) Work No. 2B – as shown on sheets 4, and 6 of the works plans and being the construction of an improved section of the A2 mainline, to include—

(i) the construction of a new highway, of two-lane single carriageway, between the eastbound carriageway of the improved A2 mainline and the new A2 eastbound link road (Work No. 1C), 1,365 metres in length, as shown on sheets 4 and 6 of the rights of way and access plans (reference points A5 and 13/1);

(ii) the construction of a new bridge to carry the new link road between the eastbound carriageway of the improved A2 mainline and the new A2 eastbound link road over the new link road between southbound carriageway of the new A122 Lower Thames Crossing and the eastbound carriageway of the improved A2 mainline (Work No. 2A) and the new Gravesend junction link road to the eastbound carriageway of the improved A2 mainline (Work No. 2I); and

(iii) the construction of a new bridge to carry the new link road between the eastbound carriageway of the improved A2 mainline and the new A2 eastbound link road over the link road between the westbound carriageway of the improved A2 mainline and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 2A).

(c) Work No. 2C – as shown on sheets 4 and 6 of the works plans and being the construction of the new A122 Lower Thames Crossing link road, to include the construction of a new highway, one-lane single carriageway, between the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 3A) and the eastbound carriageway of the new A2 link road (Work No. 1C), 915 metres in length, as shown on sheets 4 and 6 of the rights of way and access plans (reference points 11/2 and 1/1).

(d) Work No. 2D – as shown on sheets 4 and 6 of the works plans and being the construction of the new A2 link roads, to include—

(i) the construction of a new highway, two-lane single carriageway, between the new westbound A2 link road (Work No. 1F) and the westbound carriageway of the improved A2 mainline (Work No. 2S), 870 metres in length, as shown on sheets 4 and 6 of the rights of way and access plans (reference points A7 and 2/19);

(ii) the construction of a new highway, one-lane single carriageway, between the westbound carriageway of the new A2 link road (Work No. 1F) and the new Cobham roundabout (Work No. 2E), 325 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 2/20 and 2/40); and

(iii) the construction of a new bridge to carry the new link road between the westbound carriageway of the new A2 link road and the westbound carriageway of the improved A2 mainline under the new link road between the westbound carriageway of the improved A2 mainline and the new Cobham roundabout (Work No. 2T).

(e) Work No. 2E – as shown on sheet 6 of the works plans and being the construction of a section of the new local roads between Halfpence Lane roundabout and Henhurst Road, to include—

(i) the construction of a new viaduct to carry the new road between the new Cobham roundabout and the Henhurst roundabout over the existing HS1 pond;

(ii) the construction of a section of the new highway local road, one-lane single carriageway, between the new Cobham roundabout and the Henhurst roundabout, 535 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 2/38 and 7/1); and

(iii) the construction of a new multi-lane roundabout, Henhurst roundabout, and the construction of three new private means of access local access, as shown on sheet 6 of the rights of way and access plans (reference points 8/11, 7/2 to 7/3 and 8/5).

(f) Work No. 2F – as shown on sheet 6 of the works plans and being the construction of a section of the new Gravesend East junction, to include—

(i) the modification of the existing multi-lane gyratory at Gravesend East junction south of the improved A2 mainline (Work No. 2S);

(ii) the improvement of the existing road two-lane single carriageway, between Gravesend East junction south and the Gravesend East junction north, 80 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 8/10 to 8/3 and 8/9 to 10/1);

(iii) the modification of the existing bridge (Marling Cross overbridge) to carry the road between Gravesend East junction south and the Gravesend East junction north over the eastbound and westbound carriageways of the improved A2 mainline (Work No. 2S);

(iv) the modification of the multi-lane gyratory at Gravesend East junction north of the improved A2 mainline (Work No. 2S);

(v) the construction of a new highway road, two-lane single carriageway between the link road (Work No. 2W) and the existing Valley Drive roundabout, 280 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 8/4, 8/10 and 10/16); and

(vi) the construction of a new public right of way from Gravesend East junction south to Gravesend East junction north, as shown on sheet 6 of the rights of way and access plans (reference points 8/M to 8/4 and 9/2 to 6/30).

(g) Work No. 2G – as shown on sheets 6 and 11 of the works plans and being the construction of the new A122 Lower Thames Crossing link roads, to include—

(i) the construction of a new highway road, one-lane single carriageway, between the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 3A) and the westbound carriageway of the improved A2 mainline (Work No. 2S), 1,460 metres in length, as shown on sheets 6 and 11 of the rights of way and access plans (reference points B5 and 1/4); and

(ii) the construction of a new viaduct to carry the new link road between the southbound carriageway of the new A122 Lower Thames Crossing and the westbound carriageway of the improved A2 over the new link road between the new A2 westbound link road and the westbound carriageway of the improved A2 mainline (Work No. 2D), the new link road between the westbound carriageway of the improved A2 mainline (Work No. 2S), the new link road between the eastbound carriageway of the improved A2 mainline (Work No. 2S), the new link road between the eastbound carriageway of the improved A2 mainline and the new A2 eastbound link road (Work No. 2B), the new link road between the westbound carriageway of the improved A2 mainline and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 2A), the new link road between the existing Valley Drive roundabout and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 2I) and the new link road between the southbound carriageway of the new A122 Lower Thames Crossing and the eastbound carriageway of the improved A2 mainline (Work No. 2A).

(h) Work No. 2H – as shown on sheet 6 of the works plans and being the construction of the new A122 Lower Thames Crossing link roads, to include the construction of a new highway, single carriageway, between the eastbound carriageway of the improved A2 mainline (Work No. 2B) and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 3A), 540 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 11/5, 2/17 and 1/2).

(i) Work No. 2I – as shown on sheets 6 and 11 of the works plans and being the construction of new Gravesend East junction link roads, to include—

(i) the construction of a new highway, one-lane single carriageway, between the new Gravesend East junction (Work No. 2F) and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 3A), 1,000 metres in length, as shown on sheets 6 and 11 of the rights of way and access plans (reference points 2/12 and B4);

(ii) the construction of a new highway, one-lane single carriageway, between the new Gravesend East junction (Work No. 2F) and the eastbound carriageway of the improved A2 mainline (Work No. 1A/2S), 1,100 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 2/13 and 2/14); and

(iii) the construction of a new viaduct to carry the new link road between the existing Valley Drive roundabout and the new A122 Lower Thames Crossing southbound link road over the link road between the westbound carriageway of the improved A2 mainline and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 2A), the link road between the southbound carriageway of the new A122 Lower Thames Crossing and the eastbound carriageway of the improved A2 mainline (Work No. 2A) and the link road between the eastbound carriageway of the improved A2 mainline and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 2H) and under the new bridge carrying the new link road between the new A122 Lower Thames Crossing and the westbound carriageway of the improved A2 mainline (Work No. 2G).

(j) Work No. 2J – as shown on sheet 6 of the works plans and being the improvements of an existing drainage infiltration basin with associated drainage facilities, to include—

(i) the improvement works to an existing drainage infiltration basin with associated drainage facilities; and

(ii) the construction of a private means of access from the new link road between the existing Halfpence Lane roundabout and the new Cobham roundabout (Work No. 2U), as shown on sheet 6 of the rights of way and access plans.

(k) Work No. 2K – as shown on sheet 6 of the works plans and being the construction of a new drainage infiltration basin with associated drainage facilities, to include—

(i) the construction of a new drainage infiltration basin with associated drainage facilities; and

(ii) the construction of a private means of access from the new link road between the eastbound carriageway of the improved A2 mainline and the new A2 eastbound link road (Work No. 2B), as shown on sheet 6 of the rights of way and access plans.

(l) Work No. 2L – as shown on sheet 6 of the works plans and being the construction of a new drainage infiltration basin with associated drainage facilities, to include—

(i) the construction of a new drainage infiltration basin with associated drainage facilities; and

(ii) the construction of a private means of access from the new Henhurst Road roundabout (Work No. 2E), as shown on sheet 6 of the rights of way and access plans.

(m) Work No. 2M – as shown on sheet 6 of the works plans and being the improvement works of an existing drainage infiltration basin with associated drainage facilities, to include—

(i) the improvement works of an existing drainage infiltration basin with associated drainage facilities;

(ii) the construction of a private means of access from the modified Gravesend East junction north (Work No. 2F), as shown on sheet 6 of the rights of way and access plans.

(n) Work No. 2N – as shown on sheet 6 of the works plans and being the construction of a new drainage infiltration basin with associated drainage facilities, to include—

(i) the construction of a new drainage infiltration basin with associated drainage facilities; and

(ii) the construction of a private means of access from the new link road between the new Gravesend East junction and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 2I), as shown on sheet 6 of the rights of way and access plans.

(o) Work No. 2O – as shown on sheets 4, 6 and 11 of the works plans and being the construction of a new public right of way, to include the construction of a new public right of way connecting Thong Lane bridge over the improved A2 mainline (Work No. 1H) to Thong Lane bridge over A122 Lower Thames Crossing (Work No. 3B), as shown on sheets 4 and 11 of the rights of way and access plans (reference points 6/45 to 6/10 and 6/49 to 6/50).

(p) Work No. 2P – as shown on sheet 6 of the works plans and being the construction of a public right of way, to include—

(i) the construction of a new section of the public right of way from Jeskyns Community woodland to Church Road, as shown on sheet 6 of the rights of way and access plans (reference points 8/21 and 8/25); and

(ii) improvement works to a section of the existing public right of way from Church Road to existing public right of way footpath NS175, as shown on sheet 6 of the rights of way and access plans (reference points 8/26 and 10/4).

(q) Work No. 2Q – as shown on sheets 6 and 11 of the works plans and being the construction of public right of ways, to include—

(i) the construction of a new public right of way from Valley Drive to the existing public right of way footpath NS174, as shown on sheet 6 of the rights of way and access plans (reference points 10/7 and 6/33);

(ii) the construction of a new public right of way from the new A2/A122 Lower Thames Crossing junction to the new Thong Lane over the A122 Lower Thames Crossing (Work No. 3B), as shown on sheets 6 and 11 of the rights of way and access plans (reference points 10/9, 10/10 and 10/12); and

(iii) improvements works of a section of the existing public right of way footpath NS169, as shown on sheet 11 of the rights of way and access plans (reference points 10/10 and 10/11).

(r) Work No. 2R – as shown on sheets 6 and 11 of the works plans and being the construction of a new public right of way between the existing footpath NS174 and the new public right of way (Work No. 3B) , as shown on sheets 6 and 11 of the rights of way and access plans (reference points 10/8 and 10/12).

(s) Work No. 2S – as shown on sheets 4, 6 and 7 of the works plans and being the construction of the improved section of the A2 mainline, to include—

(i) the improvement of the eastbound carriageway of the existing A2, for 1,800 metres in length, as shown on sheets 4 and 6 of the rights of way and access plans (reference points A2 and 2/5); and

(ii) the improvement of the westbound carriageway of the existing A2, for 2,310 metres in length, as shown on sheets 4 and 7 of the rights of way and access plans (reference points A3 and 2/1).

(t) Work No. 2T – as shown on sheet 6 of the works plans and being the construction of a new local highway, to include the construction of a new highway, one-lane single carriageway, between the westbound carriageway of the improved A2 mainline and the new Cobham roundabout (Work No. 2E), 350 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 2/3 and 2/39).

(u) Work No. 2U – as shown on sheets 4 and 6 of the works plans and being the construction of new local highway between Thong Lane over the A2 and Cobham roundabout, to include—

(i) the construction of a section of the new highway local road, one-lane single carriageway, between the Thong Lane bridge over the A2 (Work No. 1H) and the new Cobham roundabout, 590 metres in length, as shown on sheets 4 and 6 of the rights of way and access plans (reference points A6 and 2/37); and

(ii) the construction of a new one-lane roundabout, Cobham roundabout.

(v) Work No. 2V – as shown on sheets 4 and 6 of the works plans and being the construction of public right of way, to include the construction of a section of a new public right of way from Thong Lane bridge over the A2 (Work No. 1H) to Henhurst roundabout (Work No. 2E), as shown on sheets 4 and 6 of the rights of way and access plans (reference points 2/38 and 8/N).

(w) Work No. 2W – as shown on sheet 6 of the works plans and being the construction of a new local highway road, to include the construction of the new local road, one-lane single carriageway, between the new link road between southbound carriageway of the new A122 Lower Thames Crossing and the westbound carriageway of the improved A2 mainline (Work No. 2G) and the modified Gravesend East junction south, 420 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 2/16 and 8/4).

(x) Work No. 2X – as shown on sheet 6 of the works plans and being the construction of a new local highway road, to include the construction of the new local road, multi-lane single carriageway, between the new Henhurst roundabout (Work No. 2E) and the modified Gravesend East junction south, 155 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 8/6 and 8/8).

(y) Work No. 2Y – as shown on sheets 3 and 4 of the works plans and being the construction of an improved section of the existing M2 and the improvement works to the A2, to include— – as shown on sheet 6 of the works plans and being the construction of the new link roads between Gravesend East junction and the improved A2 mainline, to include—

(i) the construction of a new highway local road, single carriageway between the Gravesend East junction south and the improved A2 mainline (Work No. 2S) 420 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 8/9 and 2/34); and

(ii) the construction of a new highway local road, single carriageway between the Gravesend East junction north and the improved A2 mainline (Work No. 2S) 314 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points and 10/15 and B3).

(z) Work No. 2Z – as shown on sheet 6 of the works plans and being the improvement of the local roads, to include—

(i) the improvement of the existing Hever Court Road west from Gravesend East junction north, for 155 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 10/13 and 10/3);

(ii) the improvement of the existing road Hever Court Road east, from Gravesend East junction north roundabout to Valley Drive roundabout, for 140 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 10/14 and 10/17);

(iii) the improvement of the existing road Valley Drive from Valley Drive roundabout, for 70 metres in length, as shown on sheet 6 of the rights of way and access plans (reference points 10/17 and 10/2); and

(iv) the construction of a new public right of way from Hever Court Road to Valley Drive, as shown on sheet 6 of the rights of way and access plans (reference points 10/21 to 10/18 and 10/5 to 10/22).

Work No. 3 – as shown on sheets 11, 12 and 13 of the works plans and being the construction of the new A122 Lower Thames Crossing between A2/A122 Lower Thames Crossing junction and the South Portal, to include—

(a) Work No. 3A – as shown on sheets 11 and 13 of the works plans and being the construction of the new A122 Lower Thames Crossing, to include—

(i) the construction of a new highway three-lane dual carriageway, 1,420 metres in length, as shown on sheets 11 and 13 of the rights of way and access plans (reference points 1/4 to C2 and 1/3 to C4); and

(ii) the construction and installation of new gantries and new charging infrastructure, as shown on sheet 1 of the tunnel area plan.

(b) Work No. 3B – as shown on sheet 11 of the works plans and being the construction of a new bridge to carry the realigned Thong Lane over the new A122 Lower Thames Crossing, to include—

(i) the improvement works to a section of the existing Thong Lane, 330 metres in length, as shown on sheet 11 of the rights of way and access plans (reference points 6/5 and 6/6);

(ii) the construction of a new bridge to carry the realigned Thong Lane over the southbound and northbound carriageways of the new A122 Lower Thames Crossing (Work No. 3A);

(iii) the construction of a new public right of way on the new Thong Lane bridge, as shown on sheet 11 of the rights of way and access plans (reference points 6/43 and 11/44);

(iv) the construction of a new public right of way between the public right of way along the northern verge of Thong Lane over A122 Lower Thames Crossing (Work No. 3H) and the new public right of way (Work No. 2Q), as shown on sheet 11 of the rights of way and access plans (reference points 10/12, 11/45 and 11/46); and

(v) the construction of a new public right of way between the new public right of way along the southern verge of Thong Lane bridge, as shown on sheet 11 of the rights of way and access plans (reference points 6/12, 11/41 and 11/42).

(c) Work No. 3C – as shown on sheet 13 of the works plans and being the construction of the new A122 Lower Thames Crossing south portal and tunnel approach, to include—

(i) the construction of the south portal for the new A122 Lower Thames Crossing tunnel (Work No. 4A);

(ii) the construction of a new cut and cover section of tunnel;

(iii) the construction of cross passages;

(iv) the construction of a new highway three-lane dual carriageway, 130 metres in length, as shown on sheet 13 of the rights of way and access plans (reference points C2 to C1 and C4 to C3);

(v) the construction of a new anti-recirculation wall between the southbound and northbound carriageways of the new A122 Lower Thames Crossing road;

(vi) the construction of a new tunnel services building;

(vii) the construction of a new south portal approach for the new A122 Lower Thames Crossing tunnel (Work No. 4A); and

(viii) the construction of a new central reserve emergency crossing point between the southbound and northbound carriageways of the new A122 Lower Thames Crossing road.

(d) Work No. 3D – as shown on sheet 11 of the works plans and being the construction of a new drainage structure with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities;

(ii) the construction of three new drainage infiltration basins with associated drainage facilities; and

(iii) the construction of a new private means of access and new public right of way from the realigned Thong Lane over the new A122 Lower Thames Crossing (Work No. 3B), as shown on sheet 11 of the rights of way and access plans (reference points 6/26 and 6/36).

(e) Work No. 3E – as shown on sheets 11 and 13 of the works plans and being the construction of a new drainage structure with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities; and

(ii) the construction of two new drainage infiltration basins with associated drainage facilities.

(f) Work No. 3F –as shown on sheet 13 of the works plans and being the construction of a new rendezvous point for the new A122 Lower Thames Crossing south portal (Work No. 3C).

(g) Work No. 3G – as shown on sheets 11 and 13 of the works plans and being the construction of new private means of access, to include—

(i) the construction of a new private means of access from the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 3A) to the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 3A), around the south portal (Work No. 3C), as the new south portal emergency loop road for the new A122 Lower Thames Crossing tunnel (Work No. 4A), as shown on sheets 11 and 13 of the rights of way and access plans; and

(ii) the construction of a new private means of access from the south portal emergency loop road from the A226, as emergency and maintenance access for the new A122 Lower Thames Crossing tunnel (Work No. 4A), as shown on sheet 13 of the rights of way and access plans.

(h) Work No. 3H – as shown on sheets 11 and 13 of the works plans and being the construction of a new public right of way, to include the construction of a new public right pf way along the northern verge of the new Thong Lane bridge over A122 Lower Thames Crossing (Work No. 3B) to the existing footpath NG7 on the east of the south portal, as shown on sheets 11 and 13 of the rights of way and access plans (reference points 6/47, 11/10, 6/13, 6/14, 6/15 and 6/16).

(i) Work No. 3I – as shown on sheet 11 of the works plans and being the construction of a new public right of way, to include—

(i) the construction of a new public right of way from Thong Lane bridge over the new A122 Lower Thames Crossing (Work No. 3B) to Shorne Ifield Road, as shown on sheet 11 of the rights of way and access plans (reference points 6/25 and 6/26); and

(ii) the construction of a new public right of way from Shorne Ifield Road to the new private means of access for the new drainage structure (Work No. 3D), as shown on sheet 11 of the rights of way and access plans (reference points 6/25 and 6/27).

(j) Work No. 3J – as shown on sheets 11, 12 and 13 of the works plans and being the construction of a public right of way, to include—

(i) the construction of a new public right of way between the new private means of access from the new drainage structure (Work No. 3D) to the existing highway A226, along the new drainage structure (Work No. 3E), as shown on sheets 11 and 13 of the rights of way and access plans (reference points 6/36 and 6/24); and

(ii) the construction of a new public right of way along the verge of the existing A226, as shown on sheets 12 and 13 of the rights of way and access plans (reference points 6/29 and 6/28).

(k) Work No. 3K – as shown on sheet 13 of the works plans and being the construction of a new public right of way, to include the construction of a new public right of way from the new Thong Lane bridge over A122 Lower Thames Crossing to NG7 (Work No. 3H) to the new public right of way between the existing Thong Lane to the new Thong Lane bridge over A122 Lower Thames Crossing (Work No. 3L), as shown on sheet 13 of the rights of way and access plans (reference points 6/13 and 6/18).

(l) Work No. 3L – as shown on sheet 13 of the works plans and being the construction of a new public right of way, to include the construction a new public right of way from the existing Thong Lane to the new public right of way from Thong Lane bridge over the A122 Lower Thames Crossing to NG7 (Work No. 3H), as shown on sheet 13 of the rights of way and access plans (reference points 6/14, 6/22 and 6/17).

(m) Work No. 3M – as shown on sheet 13 of the works plans and being the construction of a new public right of way, to include the construction of a new public right of way between the existing Thong Lane to the new Thong Lane bridge over the A122 Lower Thames Crossing (Work No. 3L) and Thong Lane, as shown on sheet 13 of the rights of way and access plans (reference points 6/20 and 6/19).

(n) Work No. 3N – as shown on sheet 13 of the works plans and being the construction of a new public right of way, to include the upgrade of a section of the existing footpath NG7 from the new public right of way between the existing Thong Lane to the new Thong Lane bridge over the A122 Lower Thames Crossing (Work No. 3L) and Thong Lane, as shown on sheet 13 of the rights of way and access plans (reference points 6/22 and 6/21).

(o) Work No. 3O – as shown on sheet 13 of the works plans and being the construction of a public right of way between the new public right of way from Thong Lane bridge over the A122 Lower Thames Crossing to NG7 (Work No. 3H) and the existing highway A226, as shown on sheet 13 of the rights of way and access plans (reference points 6/15 and 6/23).

(p) Work No. 3P – as shown on sheet 13 of the works plans and being the construction of a public right of way, to include the upgrade of a section of existing footpath NG8 between the new public right of way from Thong Lane bridge over the A122 Lower Thames Crossing to NG7 (Work No. 3H) and the A226, as shown on sheet 13 of the rights of way and access plans (reference points 6/31 and 6/49).

Work No. 4 – as shown on sheets 13, 14, 15 and 16 of the works plans and being the construction of the new A122 Lower Thames Crossing highway bored tunnels to include—

(a) Work No. 4A – as shown on sheets 13, 14, 15 and 16 of the works plans and being the construction of the new A122 Lower Thames Crossing highway bored tunnels to include—

(i) the construction of a twin-bore tunnel, 3,900 metres in length, one tunnel bore for northbound traffic and one tunnel bore for southbound traffic, with a three-lane carriageway in each direction, between a portal on the north side of the river Thames in the borough of Thurrock, Essex, and a portal in Gravesham, Kent, as shown on sheets 13 and 16 of the rights of way and access plans (reference points C3 and D3 and C1 and D1) and associated tunnelling works; and

(ii) the construction of cross-passages connecting the two tunnels.

(b) Work No. 4B – as shown on sheets 14 and 15 of the works plans and being the construction of a new ground protection tunnel, to include the construction of a new permanent ground protection tunnel and access shafts to undertake ground treatment works above the new A122 Lower Thames Crossing tunnel (Work No. 4A).

(c) Work No. 4C – as shown on sheet 14 of the works plans and being the provision of a direction drill from construction compound area (Work No. CA3A).

Work No. 5 – as shown on sheets 16, 19, 20, 22, 23 and 24 of the works plans and being the construction of the new A122 Lower Thames Crossing between the north portal and northern end of Tilbury viaduct, to include—

(a) Work No. 5A –as shown on sheets 16 and 20 of the works plans and being the construction of the new A122 Lower Thames Crossing north portal and tunnel approach, to include—

(i) the construction of the north portal for the new A122 Lower Thames Crossing tunnels (Work No. 4A);

(ii) the construction of a new cut and cover section of tunnel;

(iii) the construction of cross-passages;

(iv) the construction of a new highway three-lane dual carriageway, 740 metres in length, as shown on sheets 16 and 20 of the rights of way and access plans (reference points D1 and D2 and D3 and D4);

(v) the construction of a new tunnel services building;

(vi) the construction of a new outfall from the north portal to the river Thames;

(vii) the construction of a new anti-recirculation wall between the southbound and northbound carriageways of the new A122 Lower Thames Crossing;

(viii) the construction of new north portal approach ramp retaining structures and associated works for the new A122 Lower Thames Crossing;

(ix) the construction of a new rendezvous emergency area; and

(x) the construction of a new central reserve emergency crossing point between the southbound and northbound carriageways of the new A122 Lower Thames Crossing road.

(b) Work No. 5B – as shown on sheets 20 and 23 of the works plans and being the construction of the new A122 Lower Thames Crossing, to include the new highway three-lane dual carriageway, 1,405 metres in length, as shown on sheets 20 and 23 of the rights of way and access plans (reference points D2 and E2 and D4 and E1).

(c) Work No. 5C – as shown on sheet 23 of the works plans and being the construction of a new viaduct, 660 metres in length, to carry the new A122 Lower Thames Crossing over the Tilbury Loop Railway line, to include the construction of a new A122 Lower Thames Crossing viaduct crossing the existing Station Road, the Tilbury Loop Railway line and the existing BR58 Coal Road.

(d) Work No. 5D – as shown on sheets 16 and 20 of the works plans and being the construction of a new private means of access, to include the construction of a new private means of access to provide for a turnaround facility and emergency and maintenance access from the new operational access (Work No. 5E) to the tunnel north portal and for access to the tunnel services building (Work No. 5A), as shown on sheets 16 and 20 of the rights of way and access plans.

(e) Work No. 5E – as shown on sheet 20 of the works plans and being the construction of a new operational access, to include—

(i) the construction of a new private means of access roundabout on the eastern side of the new A122 Lower Thames Crossing (Work No. 5B), as shown on sheet 20 of the rights of way and access plans;

(ii) the construction of a new private means of access roundabout on the western side of the new A122 Lower Thames Crossing (Work No. 5B), as shown on sheet 20 of the rights of way and access plans;

(iii) the construction of a new private means of access road between the eastern and western roundabouts of the new operational access, as shown on sheet 20 of the rights of way and access plans;

(iv) the construction of a new bridge to carry the new private means of access road between the eastern and western roundabouts of the new operational access over the new A122 Lower Thames Crossing (Work No. 5B); and

(v) the construction of a new private means of access for maintenance from the new eastern roundabout, as shown on sheet 20 of the rights of way and access plans.

(f) Work No. 5F – as shown on sheets 20 and 23 of the works plans and being the construction of the new operational access link private means of access roads, to include—

(i) the construction of a new private means of access road between the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 5B) and the new operational access (Work No. 5E) through the western roundabout, as shown on sheet 20 of the rights of way and access plans;

(ii) the construction of a new private means of access road between the new operational access (Work No. 5E) and the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 5B) through the eastern roundabout, as shown on sheet 20 of the rights of way and access plans;

(iii) the construction a new private means of access road between the new operational junction (Work No. 5E) and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 5B), as shown on sheets 20 and 23 of the rights of way and access plans;

(iv) the construction of a new private means of access road between the operational access (Work No. 5E) and the existing Station Road, as shown on sheets 20 and 23 of the rights of way and access plans; and

(v) the construction of a new private means of access road between the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 5B) and the new operational access (Work No. 5E), as shown on sheets 20 and 23 of the rights of way and access plans.

(g) Work No. 5G – as shown on sheet 20 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond from the new north portal emergency and maintenance access road (Work No. 5D), as shown on sheet 20 of the rights of way and access plans.

(h) Work No. 5H – as shown on sheet 20 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond from the new operational access (Work No. 5E), as shown on sheet 20 of the rights of way and access plans.

(i) Work No. 5I – as shown on sheet 20 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond from the new operational access (Work No. 5E)., as shown on sheet 20 of the rights of way and access plans.

(j) Work No. 5J – as shown on sheet 23 of the works plans and being the construction of a drainage attenuation basin with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation basin with associated drainage facilities; and

(ii) the construction of a new private means of access from the new link road from the operational access (Work No. 5F), as shown on sheet 23 of the rights of way and access plans.

(k) Work No. 5K – as shown on sheet 23 of the works plans and being the modification of a reservoir with associated irrigation infrastructure, to include—

(i) the modification of an existing irrigation reservoir; and

(ii) the diversion and modification of irrigation infrastructure, including possible provision of a new groundwater abstraction well.

(l) Work No. 5L – as shown on sheet 20 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the Tilbury main through the culvert.

(m) Work No. 5M – as shown on sheet 20 of the works plans and being the construction of a watercourse diversion culvert, to include the construction of a new culvert and diversion of an existing watercourse through the culverts for the construction of the new north portal emergency and maintenance access road (Work No. 5D).

(n) Work No. 5N – as shown on sheet 23 of the works plans and being the construction of a watercourse diversion culvert, to include the construction of a new culvert and diversion of an existing watercourse through the culvert for the construction of the new link road between the operational access and Station Road (Work No. 5F).

(o) Work No. 5O – as shown on sheet 16 of the works plans and being the construction a new public right of way along the existing footpath FP146, as shown on sheet 16 of the rights of way and access plans, (reference points 14/7 and 14/12).

(p) Work No. 5P – as shown on sheets 16 and 20 of the works plans and being the construction of a new permissive path across the new Tilbury Fields recreational site (Work No. OSC5) , as shown on sheets 16 and 20 of the rights of way and access plans (reference points 14/10 to 14/19, 14/11, 14/17 to 14/16 and 14/18 to 14/15).

(q) Work No. 5Q – as shown on sheets 16 and 20 of the works plans and being the construction of a new public right of way and permissive paths in the new Tilbury Fields, to include—

(i) the construction of a new public right of way across Tilbury Fields recreational site (Work No. OSC5), between the new public right of way and FP200, as shown on sheets 16 and 20 of the rights of way and access plans (reference points 14/8 and 14/22);

(ii) the construction of a new permissive path across Tilbury Fields recreational site (Work No. OSC5), as shown on sheets 16 and 20 of the rights of way and access plans (reference points 14/9, 14/20 and 14/22);

(iii) the construction of a new permissive path across Tilbury Fields public space (Work No. 5X), as shown on sheet 20 of the rights of way and access plans (reference points 14/20 and 14/21); and

(iv) the construction of a new public right of way, as shown on sheet 20 of the rights of way and access plans (reference points 14/20 and 14/23).

(r) Work No. 5R – as shown on sheets 19, 20, 22 and 23 of the works plans and being the construction of a new public right of way, to include—

(i) the construction of a new public right of way along the eastern section of FP200, as shown on sheet 19 of the rights of way and access plans (reference points 13/2 and 13/3);

(ii) the construction of a new public right of way between Coalhouse Fort and FP200, as shown on sheets 19 and 23 of the rights of way and access plans (reference points 13/3 and 14/24); and

(iii) the construction of a new public right of way between the improved section of FP200 and Station Road, as shown on sheets 19 and 22 of the rights of way and access plans (reference points 13/3 and 13/10).

(s) Work No. 5S – as shown on sheets 19 and 22 of the works plans and being the construction of a new permissive paths, to include—

(i) the construction a new permissive path between Princess Margaret Road and the new public right of way (Work No. 5R), as shown on sheet 22 of the rights of way and access plans (reference points 13/8 and 13/9);

(ii) the construction of a new permissive path adjacent to East Tilbury Battery, as shown on sheets 19 and 22 of the rights of way and access plans (reference points 13/4 and 13/6); and

(iii) the construction of a new permissive path between the existing footpath FP147 and Princess Margaret Road, as shown on sheet 22 of the rights of way and access plans (reference points 13/5 and 13/7).

(t) Work No. 5T – as shown on sheets 22 and 23 of the works plans and being the construction of a new public rights of way along the verge of the existing Station Road, as shown on sheets 22 and 23 of the rights of way and access plans (reference points 13/11 and 13/12).

(u) Work No. 5U – as shown on sheets 20 and 23 of the works plans and being the construction of a new public rights of way, to include—

(i) the construction of a new public right of way from Station Road to existing footpath FP200, as shown on sheet 23 of the rights of way and access plans (reference points 13/13 to 14/24); and

(ii) the construction of a new public right of way along the existing footpath FP200, as shown on sheets 20 and 23 of the rights of way and access plans (reference points 14/6, 14/5 and A9).

(v) Work No. 5V – as shown on sheet 23 of the works plans and being the diversion of an existing public right of way, to include—

(i) the diversion of the existing public right of way BR58 Coal Road underneath the new Tilbury viaduct (Work No. 5C), as shown on sheet 23 of the rights of way and access plans (reference points 16/1to 16/2); and

(ii) the construction of a new private means of access for maintenance access to the new irrigation reservoir (Work No. 5K), as shown on sheet 23 of the rights of way and access plans.

(w) Work No. 5W – as shown on sheets 23 and 24 of the works plans and being the construction of a new public right of way between the new public right of way (Work No. 5V) and footpath FP61, as shown on sheets 23 and 24 of the rights of way and access plans (reference points 16/2, 16/4 and 16/3).

(x) Work No. 5X – as shown on sheet 19 of the works plans and being the construction of a new water inlet with self-regulating valve.

Work No. 6 – as shown on sheets 23, 24, 25, 27 and 28 of the works plans and being the construction of the new A122 Lower Thames Crossing between northern end of Tilbury viaduct to Brentwood Road/A13 Approach, to include—

(a) Work No. 6A – as shown on sheets 23, 24, 27 and 28 of the works plans and being the construction of the new A122 Lower Thames Crossing, to include the construction of a new highway, three-lane dual carriageway, 2,885 metres in length, as shown on sheets 23, 24, 27 and 28 of the rights of way and access plans (reference points E1 to F1 and E2 to F3).

(b) Work No. 6B – as shown on sheet 24 and 25 of the works plans and being the construction of a section of the new realigned Muckingford Road over the new A122 Lower Thames Crossing, to include—

(i) the construction of a new bridge to carry the realigned Muckingford Road over the new A122 Lower Thames Crossing (Work No. 6A);

(ii) the construction of a new road, with a single carriageway in both directions, 1,500 metres in length, as shown on sheet 24 of the rights of way and access plans (reference points 15/1 and 15/2);

(iii) the construction of a new local side road, with a single carriageway, 240 metres in length, as shown on sheet 24 of the rights of way and access plans (reference points 15/5 and 15/6);

(iv) the construction of a new local side road, 140 metres in length, as shown on sheet 24 of the rights of way and access plans (reference points 15/3 and 15/4); and

(v) the construction of a new public right of way along the verge of the new Muckingford Road and the existing Linford Road, as shown on sheets 24 and 25 of the rights of way and access plans (reference points 15/10 and 15/7).

(c) Work No. 6C – as shown on sheets 24 and 27 of the works plans and being the construction of a section of the new realigned Hoford Road over the new A122 Lower Thames Crossing, to include—

(i) the construction of a new bridge to carry the realigned Hoford Road over the new A122 Lower Thames Crossing (Work No. 6A);

(ii) the construction of realigned Hoford Road, 285 metres in length, as shown on sheet 27 of the rights of way and access plans (reference points 18/2 and 18/1);

(iii) the construction of a new private means of access for maintenance access from the realigned Hoford Road to the new A122 Lower Thames Crossing (Work No. 6A), as shown on sheet 27 of the rights of way and access plans; and

(iv) the construction of a new private means of access to the existing drainage pond (Work No. 6K), as shown on sheets 24 and 27 of the rights of way and access plans.

(d) Work No. 6D – as shown on sheets 27 and 28 of the works plans and being the construction of a new section of the realigned Brentwood Road over the new A122 Lower Thames Crossing, to include—

(i) the construction of a new bridge to carry the realigned Brentwood Road over the new A122 Lower Thames Crossing (Work No. 6A);

(ii) the construction of realigned Brentwood Road, 805 metres in length, as shown on sheet 28 of the rights of way and access plans (reference points 20/1 and 20/3);

(iii) the construction of 3m high reflective acoustic barrier next to Brook Farm;

(iv) the construction of new private means of access to Brook Farm and to the new watercourse diversion culvert (Work No. 6H), as shown on sheets 27 and 28 of the rights of way and access plans;

(v) the construction of a private means of access for emergency access between Brentwood Road and the northbound A122 Lower Thames Crossing (Work No. 6A), as shown on sheet 28 of the rights of way and access plans; and

(vi) the construction of a private means of access for emergency access between Brentwood Road and the southbound A122 Lower Thames Crossing (Work No. 6A), as shown on sheet 28 of the rights of way and access plans.

(e) Work No. 6E – as shown on sheet 24 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities;

(ii) the construction of a new private means of access from the new local side road (Work No. 6B), as shown on sheet 24 of the rights of way and access plans; and

(iii) the construction of a new private means of access to the drainage attenuation pond from the new A122 Lower Thames Crossing (Work No. 6A), as shown on sheet 24 of the rights of way and access plans.

(f) Work No. 6F – as shown on sheet 24 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(g) Work No. 6G – as shown on sheet 27 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(h) Work No. 6H – as shown on sheet 27 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(i) Work No. 6I – as shown on sheet 24 of the works plans and being the construction of a new culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(j) Work No. 6J – as shown on sheet 24 of the works plans and being the construction of a new culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(k) Work No. 6K – as shown on sheet 24 of the works plans and being the re-modelling of an existing pond.

(l) Work No. 6L – as shown on sheet 28 of the works plans and being the construction of a new public right of way and new private means of access from the improved Brentwood Road, to include—

(i) the construction of a new public right of way from the improved Brentwood Road (Work No. 6D), southeast of the new A122 Lower Thames Crossing (Work No. 6A), as shown on sheet 28 of the rights of way and access plans (reference points 19/1 and 19/2); and

(ii) the construction of a new private means of access road from the improved Brentwood Road (Work No. 6D), southeast of the new A122 Lower Thames Crossing (Work No. 6A), as shown on sheet 28 of the rights of way and access plans.

(m) Work No. 6M – as shown on sheet 28 of the works plans and being the construction of a new public right of way and a new private means of access road from the improved Brentwood Road, to include—

(i) the construction of a new public right of way from the improved Brentwood Road (Work No. 6D) southwest of the new A122 Lower Thames Crossing (Work No. 7A), as shown on sheet 28 of the rights of way and access plans (reference points 21/1 and 21/2); and

(ii) the construction of a new private means of access from the improved Brentwood Road (Work No. 6D), southwest of the new A122 Lower Thames Crossing (Work No. 7A), as shown on sheet 28 of the rights of way and access plans.

Work No. 7 – as shown on sheets 26, 28, 29, 31, 32 and 33 of the works plans and being the construction of the new A122 Lower Thames Crossing and new A13 junction, to include—

(a) Work No. 7A – as shown on sheets 28, 29 and 33 of the works plans and being the construction of the new A122 Lower Thames Crossing, to include the construction of a new highway road, 3,590 metres in length with a three-lane carriageway in each direction, as shown on sheets 28 and 33 of the rights of way and access plans (reference points F3 to G1 and F1 to 1/31).

(b) Work No. 7B – as shown on sheet 28 of the works plans and being the construction of a new bridge to carry footpath FP79 over the new A122 Lower Thames Crossing, to include—

(i) the construction of a new public right of way, to include the realignment of existing footpath FP79, as shown on sheet 28 of the rights of way and access plans (reference points 21/2 and 21/4);

(ii) the construction of a new bridge to carry the new public right of way over the new A122 Lower Thames Crossing (Work No. 7A); and

(iii) the construction of a new private means of access from the improved Brentwood Road (Work No. 6D), as shown on sheet 28 of the rights of way and access plans.

(c) Work No. 7C – as shown on sheet 29 of the works plans and being the construction of a new 70 metre overbridge to carry the existing A13 highway over the new A122 Lower Thames Crossing, to include the construction of a new overbridge to carry the improved section of the dual carriageway of A13 (Work No. 7F) over the new A122 Lower Thames Crossing (Work No. 7A).

(d) Work No. 7D – as shown on sheets 26, 29 and 32 of the works plans and being the construction of a realigned section of the A1013 from Orsett Cock roundabout westwards, to include—

(i) the construction of a new bridge to carry the realigned A1013 over the existing and improved A1089 (Work No. 7T), the new link road between the northbound carriageway of the A1089 and the northbound carriageway of the A122 Lower Thames Crossing (Work No. 7Z), and the new link road between the westbound carriageway of the improved A13 and the southbound carriageway of the improved A1089 (Work No. 7E);

(ii) the construction of a new bridge to carry the realigned A1013 over the new A122 Lower Thames Crossing (Work No. 7A);

(iii) the construction of a new bridge to carry the realigned A1013 over the new link road between the westbound carriageway of the improved A13 and the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 7Y);

(iv) the improvement of the existing A1013, of 2,425 metres in length, as shown on sheets 26, 29 and 32 of the rights of way and access plans (reference points 23/4 to 23/1);

(v) the construction of the new public right of way along the verge of the improved A1013, as shown on sheets 26, 29 and 32 of the rights of way and access plans (reference points 23/7 to 23/8);

(vi) the construction of three new private means of access from the improved A1013, as shown on sheets 29 and 32 of the rights of way and access plans; and

(vii) the demolition of the existing A1013 bridge over the existing A1089, the bridge on the existing Baker Street.

(e) Work No. 7E – as shown on sheets 29, 32 and 33 of the works plans and being the construction of the new A13 westbound link roads, to include—

(i) the construction of a new two-lane link road 1,745 metres in length, between the westbound carriageway of the improved A13 and the Orsett Cock roundabout and the southbound carriageway of the improved A1089 (Work No. 7T), as shown on sheet 29 and 32 of the rights of way and access plans (reference points 1/39 and 32/7);

(ii) the construction of a new bridge to carry the new link road between the westbound carriageway of the improved A13 and the southbound carriageway of the improved A1089 over the new A122 Lower Thames Crossing and the improved Baker Street (Work No. 7V);

(iii) the construction of a new two-lane link road 2,625 metres in length, between the westbound carriageway of the improved A13 and a new link road from the A1089 connecting onto the new A122 Lower Thames Crossing (Work No. 7Z), as shown on sheets 32 and 33 of the rights of way and access plans (reference points 32/9 to 1/14);

(iv) the construction of a new bridge to carry the new link road between the westbound carriageway of the improved A13 and the northbound carriageway of the new A122 Lower Thames Crossing over the improved Baker Street (Work No. 7V), the new A122 Lower Thames Crossing (Work No. 7A), the existing A1089 and the new link road between the northbound carriageway of the improved A1089 and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 7Z);

(v) the construction of a new bridge to carry the new link road between the westbound carriageway of the improved A13 and the northbound carriageway of the new A122 Lower Thames Crossing over the new link road between the improved A13 and the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 7Y);

(vi) the construction of a new bridge to carry the new link road between the westbound carriageway of the improved A13 and the southbound carriageway of the improved A1089 over the new link road between the improved A13 and the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 7Y); and

(vii) the demolition of the existing bridge on the redundant A1089 slip road over the existing Baker Street.

(f) Work No. 7F – as shown on sheets 29, 31, 32 and 33 of the works plans and being the construction of an improved section of the A13, to include—

(i) the improvement of the existing dual carriageway A13 for 4,300 metres in length, as shown on sheets 29 and 32 of the rights of way and access plans (reference points 29/3 to 29/4 and 29/2 to 29/1);

(ii) the construction of a new bridge to carry the existing A13 over the link road between the northbound carriageway of the improved A1089 and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 7Z) and the link road between the westbound carriageway of the improved A13 and the northbound carriageway of the new A122 Lower Thames Crossing(Work No. 7E);

(iii) the improvement of the existing Orsett Cock roundabout, as shown on sheet 32 of the rights of way and access plans (reference points 29/6 and 30/2); and

(iv) the construction of a new public right of way from Long Lane to south of the A13 road, as shown on sheets 29 and 33 of the rights of way and access plans (reference points 28/6 and 28/7).

(g) Work No. 7G – as shown on sheets 29, 32 and 33 of the works plans and being the construction of new A122 Lower Thames Crossing link roads to the A13, to include—

(i) the construction of the new two-lane link road, between the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 7A) and the improved Orsett Cock roundabout (Work No. 7F), 2,500 metres in length, as shown on sheets 32 and 33 of the rights of way and access plans (reference points 1/20 and 1/23);

(ii) the construction of a new bridge to carry the new link roads between the northbound carriageway of the new A122 Lower Thames Crossing and the eastbound carriageway of the improved A13 over the existing Baker Street;

(iii) the construction of the new two-lane road, between the new link road (Work No. 7Gi) and the eastbound carriageway of the improved A13 trunk road (Work No. 7F), 00 metres in length, as shown on sheet 32 of the rights of way and access plans (reference points 29/5 and 32/12);

(iv) the construction of the new two-lane link road, between the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 7A) and the eastbound carriageway of the improved A13 trunk road (Work No. 7F), 2,500 metres in length, as shown on sheets 29 and 33 of the rights of way and access plans (reference points 1/24 and 1/18);

(v) the construction of a new bridge to carry the new link road between the northbound carriageway of the new A122 Lower Thames Crossing and the eastbound carriageway of the improved A13 over the new A122 Lower Thames Crossing (Work No. 7A); and

(vi) the construction of the new link road between the new A122 Lower Thames Crossing and the existing Orsett Cock roundabout, 450 metre in length, as shown on sheet 32 of the rights of way and access plans (reference points 29/5 and 30/2).

(h) Work No. 7H – as shown on sheet 29 and 32 of the works plans and being the construction of a new link road between Orsett Cock roundabout and A13, to include—

(i) the construction of the new two-lane link road, between the improved Orsett Cock roundabout (Work No. 7F) and the westbound carriageway of the improved A13 (Work No. 7F), 1,200 metres in length, as shown on sheets 29 and 32 of the rights of way and access plans (reference points 29/7 and 29/6); and

(ii) the construction of a new bridge to carry the new link road between the existing Orsett Cock roundabout and the westbound carriageway of A13 over the new link road between the westbound carriageway of A13 and the new A122 Lower Thames Crossing (Work No. 7E).

(i) Work No. 7I – as shown on sheet 32 of the works plans and being the construction of the new A13 eastbound link roads, to include—

(i) the construction of a new two-lane link road, between eastbound carriageway of the improved A13 (Work No. 7F) and the new link road between the new A122 Lower Thames Crossing and the improved Orsett Cock roundabout (Work No. 7G), 1,005 metre in length, as shown on sheet 32 of the rights of way and access plans (reference points 30/1 and 32/13); and

(ii) the construction of a new bridge to carry the new link road between the eastbound carriageway of the improved A13 and the improved Orsett Cock roundabout over the new link roads of the new A122 Lower Thames Crossing to the improved A13 trunk road (Work No. 7G).

(j) Work No. 7J – as shown on sheets 29 and 32 of the works plans and being the construction of a realigned section of Rectory Road, to include—

(i) the construction of a new bridge to carry the realigned Rectory Road over the new A122 Lower Thames Crossing link roads to Orsett Cock (Work No. 7G), over the new A122 Lower Thames Crossing link roads to A13 eastbound carriageway (Work No. 7I), over the improved A13 trunk road (Work No. 7F), over the link roads between the improved A13 westbound carriageway to the north and southbound carriageways of the new A122 Lower Thames Crossing and the and the southbound carriageway of the improved A1089 (Work No. 7E) and over the new link road between Orsett Cock and A13 westbound carriageway (Work No. 7H);

(ii) the improvement works to the existing Rectory Road, 350 metres, as shown on sheet 32 of the rights of way and access plans (reference points 23/2 and 23/5);

(iii) the construction of two new public right of way routes along the verge of the improved Rectory Road, as shown on sheet 32 of the rights of way and access plans (reference points 21/3, 23/10, 32/14, 23/11 and 32/15);

(iv) the construction of a new public right of way between Wooling’s Close and Rectory Road, as shown on sheets 29 and 32 of the rights of way and access plans (reference points 28/2 and A13);

(v) the demolition of the existing Rectory Road bridge over the existing A13; and

(vi) the construction of a new private means of access, including the new access to Wooling’s Close and Baker Street from the new public right of way.

(k) Work No. 7K – as shown on sheet 33 of the works plans and being the construction of a new link road from the A1089 connecting onto the new A122 Lower Thames Crossing, to include—

(i) the construction of the new multi-lane link road, between the existing A1089 and the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 7A), 685 metres in length, as shown on sheet 33 of the rights of way and access plans (reference points 1/13 to 1/22); and

(ii) the construction of a new bridge to carry the new multi-lane link road between the existing A1089 and the southbound carriageway of the new A122 Lower Thames Crossing over the new Lower Thames Crossing (Work No. 7A).

(l) Work No. 7L – as shown on sheet 33 of the works plans and being the construction of a realigned section of Stifford Clays Road, to include—

(i) the construction of a new bridge to carry the realigned Stifford Clays Road over the new northbound link road from the A1089 connecting onto the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 7Z) and the new link road from the A13 westbound to the A122 Lower Thames Crossing northbound carriageway (Work No. 7E);

(ii) the construction of a new bridge to carry the realigned Stifford Clays Road over the new A122 Lower Thames Crossing (Work No. 7A) and the new link road between the southbound carriageway of the new Lower Thames Crossing and the eastbound carriageway of the improved A13 (Work No. 7G);

(iii) improvement works of the existing Stifford Clays Road, 710 metres in length, as shown on sheet 33 of the rights of way and access plans (reference points 32/1 to 32/4);

(iv) the construction of a new public right of way along the verge of the improved Stifford Clays Road as shown on sheet 33 of the rights of way and access plans (reference points 32/8 and 32/7); and

(v) the construction of two new private means of access from Stifford Clays Road, east of the new A122 Lower Thames Crossing (Work No. 7A), as shown on sheet 33 of the rights of way and access plans.

(m) Work No. 7M – as shown on sheet 33 of the works plans and being the construction of a realigned section of Green Lane, to include—

(i) the construction of a new public right of way as the improved Green Lane, as shown on sheet 33 of the rights of way and access plans (reference points 33/4 and 33/1);

(ii) the construction of a new bridge to carry the realigned Green Lane over the new A122 Lower Thames Crossing (Work No. 7A) and the new link road between the westbound carriageway of the improved A13 and the A1089 to the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 7Z);

(iii) the construction of a new private means of access along the improved Green Lane, as shown on sheet 33 of the rights of way and access plans;

(iv) the construction of the new public right of way between Green Lane and the improved Stifford Clays Road (Work No. 7L), as shown on sheet 33 of the rights of way and access plans (reference points 32/2 and 32/16); and

(v) the construction of a new private means of access for maintenance, from the improved Green Lane, as shown on sheet 33 of the rights of way and access plans.

(n) Work No. 7N – as shown on sheet 33 of the works plans and being the construction of the new bridge for A13 eastbound link road, to include the construction of a new bridge to carry the eastbound link road between the improved A13 and the existing southbound carriageway of the A1089 over the northbound link road between the existing A1089 and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 7Z) and the westbound link road between the improved A13 and the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 7E).

(o) Work No. 7O – as shown on sheet 29 of the works plans and being the construction of a drainage infiltration basin with associated drainage facilities, to include—

(i) the construction of a new drainage infiltration basin with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond from Baker Street (Work No. 7V), as shown on sheet 29 of the rights of way and access plans.

(p) Work No. 7P – as shown on sheet 33 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(q) Work No. 7Q – as shown on sheet 33 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(r) Work No. 7R – as shown on sheet 29 of the works plans and being the re-provision of a travellers’ site and associated landscaping.

(s) Work No. 7S – as shown on sheet 28 of the works plans and being the construction of new Hornsby Lane turning heads, to include—

(i) the construction of a new Hornsby Lane turning head to the north of the new A122 Lower Thames Crossing (Work No. 7A), to include the improvement to Hornsby Lane for 125 metres in length, as shown on sheet 28 of the rights of way and access plans (reference points 22/2 and 22/3);

(ii) the construction of a new private means of access from the new Hornsby Lane turning head north of the new A122 Lower Thames Crossing to Heath Place, as shown on sheet 28 of the rights of way and access plans;

(iii) the construction of a new Hornsby Lane turning head to the south of the new A122 Lower Thames Crossing (Work No. 7A), to include the improvement to Hornsby Lane for 80 metres in length, as shown on sheet 28 of the rights of way and access plans (reference points 22/1 to 28/5 and 22/5 to 22/6); and

(iv) the construction of two new private means of access from the Hornsby Lane turning head south of the new A122 Lower Thames Crossing, as shown on sheet 28 of the rights of way and access plans.

(t) Work No. 7T – as shown on sheet 26 and 29 of the works plans and being the modification to the existing A1089, to include improvement works to 800 metres of the existing A1089, as shown on sheet 26 and 29 of the rights of way and access plans (reference points A14, 1/36, A15 and 1/37).

(u) Work No. 7U – as shown on sheet 29 of the works plans and being the construction of a realigned section of the existing Gammonfields Way, to include—

(i) improvement works to the existing Gammonfields Way, 390 metres in length, as shown on sheet 29 of the rights of way and access plans (reference points 25/1 to 25/2); and

(ii) the construction of a new public right of way along the verge of the realigned Gammonfields Way, as shown on sheet 29 of the rights of way and access plans (reference points 25/1 and 25/2).

(v) Work No. 7V – as shown on sheet 29 of the works plans and being the construction of a realigned section of the existing B188 Baker Street, to include—

(i) the construction of a realigned section of Baker Street, 410 metres in length, as shown on sheet 29 of the rights of way and access plans (reference points 27/1 to 27/2);

(ii) the construction of a new public right of way along the verge of the realigned Baker Street, as shown on sheet 29 of the rights of way and access plans (reference points 27/1 and 27/2); and

(iii) the construction of two new private means of access for maintenance access from the realigned section of Baker Street, as shown on sheet 29 of the rights of way and access plans.

(w) Work No. 7W – as shown on sheet 29 of the works plans and being the construction of a realigned section of the existing Heath Road, to include—

(i) the construction of a realigned section of the existing Heath Road, 240 metres in length, as shown on sheet 29 of the rights of way and access plans (reference points 24/1 to 24/2);

(ii) the construction of a new private means of access for emergency access between the new A122 Lower Thames Crossing (Work No. 7A) and the realigned A1089 (Work no. 7T); and

(iii) the construction of a new private means of access along Heath Road and three new private means of access, as shown on sheet 29 of the rights of way and access plans.

(x) Work No. 7X – as shown on sheets 28 and 32 of the works plans and being the construction of a new public right of way between the new bridge to carry the new public right of way over the new A122 Lower Thames Crossing (Work No. 7B) and the realigned A1013 (Work No. 7D), as shown on sheets 28 and 32 of the rights of way and access plans (reference points 21/4 and 21/3).

(y) Work No. 7Y – as shown on sheets 28, 29 and 32 of the works plans and being the construction of a new two-lane link road between the westbound carriageway of the improved A13 to the A1089 and new A122 Lower Thames Crossing northbound link road and the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 7A), 2,045 metres in length, as shown on sheets 28 and 32 of the rights of way and access plans (reference points 1/15 to 1/16).

(z) Work No. 7Z – as shown on sheets 29 and 33 of the works plans and being the construction of new A122 Lower Thames Crossing link roads, to include—

(i) the construction of the new two-lane link road, between the existing A1089 and the new link road to the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 7K), 1,265 metres in length, as shown on sheets 29 and 33 of the rights of way and access plans (reference points 1/12 to 1/13); and

(ii) the construction of the new multi-lane link road starting from the diverge to the new link road to the southbound carriageway of the new A122 Lower Thames Crossing (Work No. 7K) and to the northbound carriageway of the new A122 Lower Thames Crossing (Work No. 7A), 1,100 metres in length, as shown on sheet 33 of the rights of way and access plans (reference points 1/13 to 1/31).

Work No. 8 – as shown on sheets 33, 35, 38, 39, 41 and 42 of the works plans and being the construction of the new A122 Lower Thames Crossing from north of the new A13 junction to the approach of the new M25 junction, to include—

(a) Work No. 8A – as shown on sheets 33, 35, 38 and 39 of the works plans and being the construction of the new A122 Lower Thames Crossing, to include the construction a three-lane carriageway northbound and two-lane carriageway southbound, 4,810 metres in length, as shown on sheets 33, 35, 38 and 39 of the rights of way and access plans (reference points G1 to J1 and 1/31 to H1).

(b) Work No. 8B – as shown on sheets 35 and 38 of the works plans and being the construction of a new viaduct to carry the new A122 Lower Thames Crossing over the river Mardyke and accommodating access between fields, to include—

(i) the construction of a new A122 Lower Thames Crossing Orsett Fen viaduct accommodating access between fields and Orsett Fen; and

(ii) the construction of a new A122 Lower Thames Crossing Mardyke viaduct crossing the river Mardyke.

(c) Work No. 8C – as shown on sheet 38 of the works plans and being the construction of a new bridge to carry the realigned footpath FP136 over the new A122 Lower Thames Crossing, to include—

(i) construction of a new public right of way over the new A122 Lower Thames Crossing (Work No. 8A), as shown on sheet 38 of the rights of way and access plans (reference points 34/6 and 34/4); and

(ii) the construction of a new bridge to carry the new public right of way over the new A122 Lower Thames Crossing (Work No. 8A).

(d) Work No. 8D – as shown on sheets 39 and 42 of the works plans and being the construction of a new bridge to carry B186 North Road over the new A122 Lower Thames Crossing, to include—

(i) improvement works to the existing North Road, 450 metres in length, as shown on sheet 39 of the rights of way and access plans (reference points 35/1 and 35/4);

(ii) the construction of a new bridge to carry the improved B186 North Road over the new A122 Lower Thames Crossing (Work No. 8A);

(iii) the construction of a new public right of way along the verge of the improved North Road, as shown on sheet 39 of the rights of way and access plans (reference points 35/5, 35/8 and 35/6);

(iv) the construction of a new public right of way from the realigned North Road to the new public right of way to Church Lane (Work No. 8N), as shown on sheet 39 of the rights of way and access plans (reference points 36/2 and 36/3);

(v) the construction of two new private means of access for emergency access and maintenance from the southern side of the North Road bridge to the new A122 Lower Thames Crossing (Work No. 8A), as shown on sheet 39 of the rights of way and access plans;

(vi) the construction of a new private means of access for emergency access and maintenance from the northern side of the North Road bridge to the new A122 Lower Thames Crossing (Work No. 8A), as shown on sheet 39 of the rights of way and access plans; and

(vii) the construction of a new private means of access from the southern side of the North Road bridge, along the new A122 Lower Thames Crossing earthworks, to the new bridge (Work No. 9M), as shown on sheets 39 and 42 of the rights of way and access plans.

(e) Work No. 8E – as shown on sheets 33 and 35 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities west of the new A122 Lower Thames Crossing (Work No. 8A); and

(ii) the construction of a new private means of access to the drainage attenuation pond from the new public right of way (Work No. 8J), as shown on sheets 33 and 35 of the rights of way and access plans.

(f) Work No. 8F – as shown on sheet 35 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities, east of the new A122 Lower Thames Crossing (Work No. 8A); and

(ii) the construction of a new private means of access to the drainage attenuation pond, as shown on sheet 35 of the rights of way and access plans.

(g) Work No. 8G – as shown on sheet 35 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities, east of the new A122 Lower Thames Crossing (Work No. 8A); and

(ii) the construction of a new private means of access to the drainage attenuation pond, as shown on sheet 35 of the rights of way and access plans.

(h) Work No. 8H – as shown on sheet 38 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities, south of the new A122 Lower Thames Crossing (Work No. 8A); and

(ii) the construction of a new private means of access to the drainage attenuation pond, as shown on sheet 38 of the rights of way and access plans.

(i) Work No. 8I – as shown on sheet 38 of the works plans and being the modification of an existing infiltration pond, to include improvements to the existing infiltration pond and the watercourse diversion.

(j) Work No. 8J – as shown on sheet 33, 35, 38 and 41 of the works plans and being the construction of a new public right of way between the new Green Lane and Mardyke valley, to include—

(i) the construction of a new public right of way between the realigned Green Lane (Work No. 7M) and the private means of access to the new drainage pond (Work No. 8E), as shown on sheets 33 and 35 of the rights of way and access plans (reference points 33/2 and 28/6);

(ii) the construction of a new public right of way along the Mardyke channel from the private means of access to the new drainage pond (Work No. 8E), as shown on sheets 35 and 38 of the of the rights of way and access plans (reference points 28/6 and 33/5);

(iii) the construction of a new private means of access along the Mardyke channel from the private means of access to the new drainage pond (Work No. 8E), as shown on sheets 33 and 35 of the rights of way and access plans; and

(iv) the construction of a new public right of way along the Mardyke channel, between south of the new Mardyke viaduct (Work No. 8B) and the new public right of way (Work No. 8M), as shown on sheets 38 and 41 of the rights of way and access plans (reference points 33/5 and 41/7).

(k) Work No. 8K – as shown on sheets 33, 35, 37 and 38 of the works plans and being the construction of a new private means of access for maintenance of the new drainage structures (Work No. 8F and Work No. 8G) from the realigned Green Lane (Work No. 7M), as shown on sheets 33, 35, 37 and 38 of the rights of way and access plans.

(l) Work No. 8L – as shown on sheet 38 of the works plans and being the construction of a new public right of way between the Mardyke channel and the realigned footpath FP136, to include—

(i) the construction of a new public right of way between the new public right of way (Work No 8J) and the realigned footpath FP136 (Work No. 8C), as shown on sheet 38 of the rights of way and access plans (reference points 33/5 and 34/6); and

(ii) the construction of a new private means of access around the earthworks of the new A122 Lower Thames Crossing (Work No. 8A), as shown on sheet 38 of the rights of way and access plans.

(m) Work No. 8M – as shown on sheets 38, 39 and 41 and being the construction of a new public right of way, to include—

(i) the construction of a new public right of way between the public right of way (Work No. 8J) and the new bridge to carry the realigned footpath FP136 (Work No. 8C), as shown on sheets 38 and 41 of the rights of way and access plans (reference points 41/7 and 34/4); and

(ii) the construction of a new public right of way between the new bridge to carry the realigned footpath FP136 (Work No. 8C) and the new bridge to carry the realigned North Road (Work No. 8D), as shown on sheets 38, 39 and 41 of the rights of way and access plans (reference points 34/4, 34/3 and G3).

(n) Work No. 8N – as shown on sheet 39 and 42 of the works plans and being the construction of a new public right of way between the new public right of way (Work No. 8D) and Church Lane, as shown on sheets 39 and 42 of the rights of way and access plans (reference points 36/3 and 41/8).

(o) Work No. 8O – as shown on sheet 38 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(p) Work No. 8P – as shown on sheet 38 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(q) Work No. 8Q – as shown on sheet 39 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert, along the southern earthworks for the new A122 Lower Thames Crossing (Work No. 8A).

(r) Work No. 8R – as shown on sheet 39 of the works plans and being the construction of two new culverts, to include the construction of a new culvert and diversion of the watercourse through the culvert, along the northern earthworks for the new A122 Lower Thames Crossing (Work No. 8A).

(s) Work No. 8S – as shown on sheet 35 of the works plans and being the construction of a new culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert, under the new private means of access for the new drainage pond (Work No. 8F).

(t) Work No. 8T – as shown on sheet 38 of the works plans and being the construction of a new culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert, under the new private means of access for maintenance to the drainage structures (Work No. 8K).

(u) Work No. 8U – as shown on sheet 38 of the works plans and being the construction of a new culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert, under the new private means of access for maintenance (Work No. 8L).

(v) Work No. 8V – as shown on sheet 38 of the works plans and being the construction a new culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

Work No. 9 – as shown on sheets 39, 40, 42, 43, 44, 45, 46, 47, 48 and 49 of the works plans and being the construction of the new A122 Lower Thames Crossing junction with M25, to include—

(a) Work No. 9A – as shown on sheets 39, 42 and 43 of the works plans and being the construction of the new A122 Lower Thames Crossing northbound to M25 northbound link road, to include—

(i) the construction of a new section of highway with a three-lane single carriageway, for 2,680 metres in length, as shown on sheets 39, 42 and 43 of the rights of way and access plans (reference points H1 to 37/7);

(ii) the construction of a new underbridge to carry the new A122 Lower Thames Crossing northbound link road under an improved section of the M25 (Work No. 9E); and

(iii) the construction of a new underbridge to carry the new A122 Lower Thames Crossing northbound link road under an existing link road between M25 northbound and M25 junction 29 (Work No. 9D).

(b) Work No. 9B – as shown on sheets 39, 42 and 43 of the works plans and being the construction of the new A122 Lower Thames Crossing southbound link road to M25 southbound carriageway, to include the construction of a new highway, with a two-lane carriageway, 1,865 metres in length, as shown on sheets 39 and 43 of the rights of way and access plans (reference points J1 to 1/10).

(c) Work No. 9C – as shown on sheet 43 of the works plans and being the construction of the new one lane link road, between the new A122 Lower Thames Crossing northbound link road (Work No. 9A) and M25 northbound to M25 junction 29 link road (Work No. 9D), to include the construction of a new highway road A122 Lower Thames Crossing northbound to M25 junction 29 northbound link road, 885 metres in length, as shown on sheet 43 of the rights of way and access plans (reference points 1/9 to 37/6).

(d) Work No. 9D – as shown on sheets 42, 43, 44 and 45 of the works plans and being the improvement of an existing link road between M25 northbound and M25 junction 29, to include—

(i) the construction of a new two-lane link road from the M25 northbound carriageway to M25 junction 29 link road, 3,510 metres in length, as shown on sheets 42 and 45 of the rights of way and access plans (reference points 37/5 to 37/23);

(ii) the construction of a new bridge to carry the realigned M25 northbound to M25 junction 29 link road over an existing main river;

(iii) the construction of a new bridge to carry the improved M25 northbound to M25 junction 29 link road over B187 St Marys Lane;

(iv) the construction of a new bridge to carry the improved M25 northbound to M25 junction 29 link road over the Shoeburyness railway line; and

(v) the construction of a new private means of access between the new public right of way (Work No. 9P) and the existing M25 junction 29 roundabout (Work No. 9G), as shown on sheets 44 and 45 of the rights of way and access plans.

(e) Work No. 9E – as shown on sheets 40, 42, 43, 44, 45, 46, 47, 48 and 49 of the works plans and being the construction of an improved section of the M25, to include—

(i) the improvement of the existing highway M25 northbound for 9,610 metres in length, as shown on sheets 40, 46 and 49 of the rights of way and access plans (reference points 37/1, 37/10 and 37/2);

(ii) the improvement of an existing highway M25 southbound for 9,010 metres in length, as shown on sheets 40 and 49 of the rights of way and access plans (reference points 37/3, 37/13 to 37/4);

(iii) the modification of the West Branch culvert to carry the improved M25 southbound over a watercourse;

(iv) the modification of a bridge to carry the improved M25 southbound over B187 St Marys Lane;

(v) the modification of a bridge to carry the improved M25 southbound over Shoeburyness railway line; and

(vi) the modification of Codham Hall viaduct to carry the improved M25 over M25 junction 29 roundabout and the A127 road.

(f) Work No. 9F – as shown on sheet 45 of the works plans and being the construction of an improved multi-lane link road, to include the improvement of a section of the existing highway A127 between the westbound carriageway of the A127 and the improved southbound carriageway of the M25 link road, for 690 metres in length, as shown on sheet 45 of the rights of way and access plans (reference points 37/12 and 37/11).

(g) Work No. 9G – as shown on sheet 45 of the works plans and being the construction of the improvements to the existing M25 junction 29 roundabout, to include—

(i) the improvement of an existing multi-lane M25 junction 29 circulatory, as shown on sheet 45 of the rights of way and access plans (reference point 37/15); and

(ii) the construction of a new public right of way in the existing verge of the improved M25 junction 29 roundabout, as shown on sheet 45 of the rights of way and access plans (reference points 37/25 and 37/26).

(h) Work No. 9H – as shown on sheet 45 of the works plans and being the construction of improvements to the existing two-lane link road for 335 metres in length between the A127 eastbound and the M25 junction 29 roundabout (Work No. 9G), to include the improvement of an existing highway A127 eastbound to M25 junction 29 roundabout link road, as shown on sheet 45 of the rights of way and access plans (reference points 37/9 to 37/8).

(i) Work No. 9I – as shown on sheet 45 of the works plans and being improvements to the existing highway M25 junction 29 roundabout link roads, to include—

(i) improvement works to the two-lane link road between M25 junction 29 roundabout (Work No. 9G) and the eastbound link road to A127, for 325 metres in length, as shown on sheet 45 of the rights of way and access plans (reference points 37/14 to 37/18); and

(ii) improvement works to the existing private means of access between the improved M25 junction 29 roundabout (Work No. 9G) and Codham Hall Lane.

(j) Work No. 9J – as shown on sheets 45 and 46 of the works plans and being the improvement of the existing dual carriageway A127, to include improvement works to a section of the existing two-lane dual carriageway A127 highway, for 1,850 metres in length, as shown on sheets 45 and 46 of the rights of way and access plans (reference points 41/6 and 45/2).

(k) Work No. 9K – as shown on sheets 45 and 46 of the works plans and being improvements to the existing two lane link road for 1,295 metres in length between M25 junction 29 roundabout (Work No. 9G) and M25 northbound, to include the improvement of an existing highway M25 junction 29 roundabout to M25 northbound link road, as shown on sheets 45 and 46 of the rights of way and access plans (reference points 37/21 to I1).

(l) Work No. 9L – as shown on sheets 45 and 46 of the works plans and being improvements to the existing two-lane link road 1,295 metres in length between M25 southbound and M25 junction 29 roundabout, to include the improvement of an existing highway M25 southbound to M25 junction 29 roundabout link road, as shown on sheets 45 and 46 of the rights of way and access plans (reference points 37/22 and I2).

(m) Work No. 9M – as shown on sheets 39, 40 and 42 of the works plans and being the construction of a new public right of way over the new A122 Lower Thames Crossing, to include—

(i) the construction of new public right of way from West Road to Pea Lane, as shown on sheets 40 and 42 of the rights of way and access plans (reference points 36/5, 40/4 and 36/4);

(ii) the construction of a new public right of way over the new A122 Lower Thames Crossing and railway line, as shown on sheet 39 and 42 of the rights of way and access plans (reference points 36/3 and 36/1);

(iii) the construction of a new bridge to carry the new public right of way over the new A122 Lower Thames Crossing northbound carriageway (Work No. 9A) and the new A122 Lower Thames Crossing southbound carriageway (Work No. 9B);

(iv) the construction of a new bridge to carry the new public right of way over the existing Upminster and Grays Branch railway line; and

(v) the construction of a new private means of access to culvert (Work No. 9W), as shown on sheets 38 and 42 of the rights of way and access plans.

(n) Work No. 9N – as shown on sheet 42 of the works plans and being the realignment of the existing B1421 Ockendon road, to include—

(i) the improvement works to the existing B1421 Ockendon Road for 480 metres in length, as shown on sheet 42 of the rights of way and access plans (reference points 38/1 to 38/2);

(ii) the construction of a new bridge to carry the existing B1421 Ockendon Road over the new A122 Lower Thames Crossing northbound (Work No. 9A);

(iii) the modification of the bridge to carry the improved B1421 Ockendon Road over an improved section of the M25 over an improved section of the M25 (Work No. 9E); and

(iv) the construction of a new public right of way along the edge of the embankment associated with the new A122 Lower Thames Crossing southbound link road to M25 southbound (Work No. 9B), as shown on sheet 42 of the rights of way and access plans (reference points 45/3 and 45/4).

(o) Work No. 9O – as shown on sheets 43 and 44 of the works plans and being the construction of new public right of way over the new A122 Lower Thames Crossing and across Thames Chase Forest, to include—

(i) the construction of a new bridge to carry the public right of way from FP232 to FP230 over the new A122 Lower Thames Crossing northbound (Work No. 9A), the new link road between A122 Lower Thames Crossing northbound link road and M25 northbound to M25 junction 29 link road (Work No. 9C), the realigned link road between M25 northbound and M25 junction 29 (Work No. 9D) and the improved section of the M25 (Work No. 9E);

(ii) the construction of a new public right of way from Clay Tye Road to the existing footpath FP230, as shown on sheet 43 of the rights of way and access plans (reference points 39/4 to 43/5);

(iii) the construction of a new permissive path along the existing FP230, as shown on sheet 43 of the rights of way and access plans (reference points 43/5, 39/7 and 39/6);

(iv) the construction of a new public right of way and new permissive path over the new A122 Lower Thames Crossing (Work No. 9A) and the improved section of the M25 junction (Work No. 9E), as shown on sheet 43 of the rights of way and access plans (reference points 39/7 and 39/2);

(v) the construction of a new permissive path over the new A122 Lower Thames Crossing (Work No. 9A) and the improved section of the M25 junction (Work No. 9E), as shown on sheet 43 of the rights of way and access plans (reference points 39/2 to 39/1);

(vi) the construction of a new public right of way and new permissive path from the new bridge to the existing footpath FP230, as shown on sheet 43 of the rights of way and access plans (reference points 39/2 and 39/3);

(vii) the construction of a new permissive path from Thames Chase Forest, as shown on sheets 43 and 44 of the rights of way and access plans (reference points 40/1, 43/3 and 43/4);

(viii) the construction of a new permissive path to the new culvert (Work No. 9X), as shown on sheet 44 of the rights of way and access plans (reference points 43/3 and 40/2); and

(ix) the construction of a new private means of access from Thames Chase Forest to the new culvert (Work No. 9X), as shown on sheets 43 and 44 of the rights of way and access plans.

(p) Work No. 9P – as shown on sheets 44 and 45 of the works plans and being the construction of a new public right of way under the new A122 Lower Thames Crossing, to include—

(i) the construction of a new public right of way between the existing footpath FP176 and Warley Street, as shown on sheets 44 and 45 of the rights of way and access plans (reference points 41/1, 37/24 and 42/3); and

(ii) the construction of a new private means of access between the new drainage pond (Work No. 9U) and the existing B186 local road, as shown on sheets 44 and 45 of the rights of way and access plans.

(q) Work No. 9Q – as shown on sheets 42 and 43 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond, as shown on sheets 42 and 43 of the rights of way and access plans.

(r) Work No. 9R – as shown on sheets 43 and 44 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the modification of an existing drainage attenuation pond with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond, as shown on sheet 43 of the rights of way and access plans.

(s) Work No. 9S – as shown on sheet 44 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the modification of an existing drainage attenuation pond with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond, as shown on sheet 44 of the rights of way and access plans.

(t) Work No. 9T – as shown on sheet 44 of the works plans and being the construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the construction of a new drainage attenuation pond with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond, as shown on sheet 44 of the rights of way and access plans.

(u) Work No. 9U – as shown on sheets 44 and 45 of the works plans and being construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the modification to an existing drainage attenuation pond with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond, as shown on sheet 45 of the rights of way and access plans.

(v) Work No. 9V – as shown on sheet 46 of the works plans and being construction of a drainage attenuation pond with associated drainage facilities, to include—

(i) the modification of an existing drainage attenuation pond with associated drainage facilities; and

(ii) the construction of a new private means of access to the drainage attenuation pond, as shown on sheet 46 of the rights of way and access plans.

(w) Work No. 9W – as shown on sheets 39 and 42 of the works plans and being the construction of a watercourse diversion in pipe, to include—

(i) the construction of a new culvert and diversion of the watercourse through the culvert; and

(ii) the construction of a new pipe on both sides of the new A122 Lower Thames Crossing (Work No. 9A), and diversion of the watercourse through the pipe.

(x) Work No. 9X – as shown on sheet 44 of the works plans and being the construction of a new watercourse diversion culvert, to include the construction of a new culvert and diversion of the watercourse through the culvert.

(y) Work No. 9Y – as shown on sheet 45 of the works plans and being the construction of a new public right of way over the improved section of the A127 highway, to include—

(i) the construction of a new public right of way over the improved section of the A127 highway (Work No. 9J), west of the existing M25 junction 29, as shown on sheet 45 of the rights of way and access plans (reference points 45/5 to 45/6, 45/9 to 45/18 and 45/16 to 45/17); and

(ii) the construction of a new bridge to carry the new public right of way over the A127 highway (Work No. 9J).

(z) Work No. 9Z – as shown on sheet 45 of the works plans and being the construction of a new public right of way over the improved section of the A127 highway, to include—

(i) the construction of a new public right of way over the improved section of the A127 highway (Work No. 9J), east of the existing M25 junction 29, as shown on sheet 45 of the rights of way and access plans (reference points 45/7 to 45/8, 41/2 to 45/13,45/14 to 45/15); and

(ii) the construction of a new bridge to carry the new public right of way over the A127 highway (Work No. 9J).

Utilities works – Overhead Line diversion works

Work No. OH1 – as shown on sheets 6, 11 and 13 of the works plans and being the overhead lines diversion works (4YN Route), to include—

(a) the permanent diversion of the overhead line between proposed new pylons 4YN046A, 4YN046B and 4YN047R (495 metres);

(b) the installation of a new pylon 4YN049R on the existing alignment;

(c) the dismantling of existing pylons 4YN049A, 4YN049, 4YN047 and 4YN046;

(d) earthing works on existing pylons 4YN041 and 4YN052; and

(e) to facilitate the above: the installation of conductors, insulators and fittings between pylons 4YN051, 4YN050, 4YN048, 4YN045, 4YN044, 4YN043 and 4YN042 (3,015 metres).

Work No. OH2 – as shown on sheets 4, 10, 11, 12 and 13 of the works plans and being the removal of overhead lines, between Thong Lane over the A2 (Work No. 1H) to the A226, for 2,800 metres in length.

Work No. OH3 – as shown on sheets 20, 23 and 24 of the works plans and being the overhead lines diversion works (PEA route), to include—

(a) the permanent diversion of the overhead line underground (Work No. MU28), between the new Tilbury operational access (Work No. 5F) and along the new Tilbury viaduct (Work No. 5C) (2,200 metres);

(b) the installation of new pylon PEA16R on the existing alignment;

(c) the installation of sealing end platform equipment to pylon PEA07;

(d) the dismantling of existing pylons PEA08, PEA09, PEA10, PEA11, PEA12, PEA13, PEA14, PEA15 and PEA16;

(e) earthing works on existing pylons PEA05, PEA06 and PEA17; and

(f) to facilitate the above: the installation of conductors, insulators and fittings between pylons PEA05, PEA06, PEA07, PEA17 (960 metres in length.

Work No. OH4 – as shown on sheets 20, 23, 24 and 27 of the works plans and being the overhead lines diversion works (ZJ Route), to include—

(a) the permanent diversion of the overhead line between existing pylon ZJ010 and proposed new pylons ZJ011A, ZJ011B, ZJ011C, ZJ012R (890 metres);

(b) the installation of a new pylon ZJ014R on the existing alignment;

(c) the dismantling of existing pylons ZJ011, ZJ012 and ZJ014;

(d) earthing works on existing pylons ZJ007 and ZJ019; and

(e) to facilitate the above: the installation of conductors, insulators and fittings between pylons ZJ008, ZJ009, ZJ013, ZJ015, ZJ016, ZJ017 and ZJ018 (3,580 metres).

Work No. OH5 – as shown on sheets 23, 24 and 27 of the works plans and being the overhead lines diversion works (PAB route), to include—

(a) the permanent diversion of the overhead line between existing pylons PAB12 and PAB17 and proposed new pylons PAB13R, PAB14R, PAB15R, PAB16R and PAB17R (1,455 metres);

(b) the dismantling of existing pylons PAB13, PAB14, PAB15 and PAB16;

(c) earthing works on existing pylons PAB11, PAB18 and PAB19; and

(d) to facilitate the above: the installation of conductors, insulators and fittings between pylons PAB12, PAB17 and PAB18 (1,650 metres).

Work No. OH6 – as shown on sheets 24, 27, 28, 29, 33 and 34 of the works plans and being the overhead lines diversion works (YYJ route), to include—

(a) the permanent diversion of the overhead line between existing pylon YYJ116 and proposed new pylons YYJ119R, YYJ118R, YYJ117R and YYJ116R (1,185 metres);

(b) the dismantling of existing pylon YYJ116, YYJ117, YYJ118 and YYJ119;

(c) earthing works on existing pylons YYJ110 and YYJ125; and

(d) to facilitate the above: the installation of conductors, insulators and fittings between pylons YYJ124, YYJ123, YYJ122, YYJ121, YYJ120, YYJ115, YYJ114, YYJ113, YYJ112 and YYJ111 (4,750 metres).

Work No. OH7 – as shown on sheets 24, 27, 28, 29, 33, 35, 38 and 41 of the works plans and being the overhead lines diversion works (ZB route), to include—

(a) the permanent diversion of the overhead line between proposed new pylons ZB019R, ZB020R, ZB021R, ZB022R, ZB023A, ZB023B, ZB024R, ZB025R and ZB026R (2,470 metres);

(b) the installation of a new pylon ZB033R on the existing alignment;

(c) the dismantling of existing pylons ZB019, ZB020, ZB021, ZB022, ZB023, ZB024, ZB025, ZB026 and ZB033;

(d) earthing works on existing pylons ZB039 and ZB013; and

(e) to facilitate the above: the installation of conductors, insulators and fittings between pylons ZB038, ZB037, ZB036, ZB035, ZB034, ZB032, ZB031, ZB030, ZB029, ZB028, ZB027, ZB018, ZB017, ZB016, ZB015 and ZB014 (8,360 metres).

Work No. OH8 – as shown on sheet 43 of the works plans and being the overhead lines diversion works (PB route), to include—

(a) the permanent diversion of the overhead line between pylons PB04 and PB07 and proposed new pylons PB05R and PB06R (1,000 metres);

(b) the dismantling of existing pylons PB06 and PB05;

(c) earthing works on existing pylons PB03, PB04 and PB07; and

(d) to facilitate the above: the installation of conductors, insulators and fittings between pylons PB03 and PB04 (285 metres).

Utilities works – Temporary Overhead Line diversion works

Work No. OHT1 – as shown on sheets 6 and 11 of the works plans and being the temporary overhead lines diversion works (4YN Route), to include—

(a) a temporary overhead line diversion between existing pylon 4YN050 and existing pylon 4YN048 via temporary pylons 4YN049AT (to a maximum height of 64 metres) and 4YN049T (to a maximum height of 63 metres) (775 metres); and

(b) a temporary overhead line diversion between existing pylon 4YN048 to existing pylon 4YN045 via temporary pylons 4YN047T (to a maximum height of 55 metres) and 4YN046T (to a maximum height of 55 metres) (1,005 metres).

Work No. OHT2 – as shown on sheets 23 and 24 of the works plans and being the temporary overhead lines diversion works (ZJ Route), to include—

(a) a temporary overhead line diversion between proposed new pylon ZJ011A to existing pylon ZJ011 (240 metres); and

(b) a temporary overhead line diversion between proposed new pylon ZJ011C and existing pylon ZJ015 via temporary pylons ZJ013T (to a maximum height of 60 metres) and ZJ014T (to a maximum height of 64 metres) (1,220 metres).

Work No. OHT3 – as shown on sheet 24 of the works plans and being the temporary overhead lines diversion works (PEA Route), to include a temporary overhead line diversion between existing pylon PEA15 and existing pylon PEA17 via temporary pylon PEA16T (to a maximum height of 39 metres) (610 metres).

Work No. OHT4 – as shown on sheets 28 and 29 of the works plans and being the temporary overhead lines diversion works (ZB Route), to include a temporary overhead line diversion between existing pylon ZB018 to existing pylon ZB020 via temporary pylon ZB019T (to a maximum height of 54 metres) (720 metres).

Work No. OHT5 – as shown on sheets 28 and 29 of the works plans and being the temporary overhead lines diversion works (YYJ Route), to include a temporary overhead line diversion between proposed new pylon YYJ118R and existing pylon YYJ120 via temporary pylon YYJ119T (to a maximum height of 54 metres) (565 metres).

Work No. OHT6 – as shown on sheet 29 of the works plans and being the temporary overhead lines diversion works (YYJ route), to include a temporary overhead line diversion between existing pylon YYJ115 to proposed new pylon YYJ116R via temporary pylon YYJ116T (to a maximum height of 54 metres) (400 metres).

Work No. OHT7 – as shown on sheet 33 of the works plans and being the temporary overhead lines diversion works (ZB Route), to include a temporary overhead line diversion between existing pylon ZB025 to existing pylon ZB027 via temporary pylon ZB026T (to a maximum height of 50 metres) (685 metres).

Work No. OHT8 – as shown on sheet 38 of the works plans and being the temporary overhead lines diversion works (ZB Route), to include a temporary overhead line diversion between existing pylon ZB032 to existing pylon ZB034 via temporary pylon ZB033T (to a maximum height of 64 metres) (700 metres).

Utilities works – Gas pipeline works

Work No. G1a – as shown on sheets 3 and 4 of the works plans and being the installation of a medium-pressure gas pipeline commencing at a point situated north of Park Pale and terminating east of the new Thong Lane bridge over the A2 (Work No. 1H) and south of the Inn on the Lake, for 2,400 metres in length.

Work No. G1b – as shown on sheets 4, 6 and 11 of the works plans and being the installation of a medium-pressure gas pipeline commencing at a point situated south of the Inn on the Lane and terminating east of Gravesend East junction, for 2,916 metres in length.

Work No. G2 – as shown on sheet 6 of the works plans and being the installation of a high-pressure gas pipeline situated south of Claylane Wood, for 120 metres in length.

Work No. G3 – as shown on sheets 6 and 11 of the works plans and being the installation of a high-pressure gas pipeline commencing at a point situated south of Claylane Wood heading north along the western side of the new A122 Lower Thames Crossing (Work No. 3A) and terminating north of Shorne Ifield Road, for 1,615 metres in length.

Work No. G4 – as shown on sheets 11 and 13 of the works plans and being the installation of a high-pressure gas pipeline commencing at a point north-east of Claylane Wood passing under the new A122 Lower Thames Crossing (Work No. 3A) and terminating south of A226, for 2,676 metres in length.

Work No. G5 – as shown on sheet 28 of the works plans and being the installation of a high-pressure gas pipeline situated east of the realigned Brentwood Road (Work No. 6D), for 270 metres in length.

Work No. G6 – as shown on sheets 31, 32, 33 and 34 of the works plans and being the installation of a high-pressure gas pipeline commencing at a point situated south of the improved A13 road (Work No. 7F) heading north-west and terminating north of the realigned Stifford Clays Road (Work No. 7L), for 5,229 metres in length.

Work No. G6a – as shown on sheet 31 of the works plans and being the construction of a new gas compound at Stanford Road.

Work No. G6b – as shown on sheet 32 of the works plans and being the installation of an isolation valve south of the improved A13 road (Work No. 7F).

Work No. G7 – as shown on sheets 33 and 35 of the works plans and being the installation of a high-pressure gas pipeline commencing at a point situated north of Green Lane, crossing the new A122 Lower Thames Crossing (Work No. 8A) and terminating south of the new drainage pond (Work No. 8F), for 338 metres in length.

Work No. G8 – as shown on sheets 38 and 39 of the works plans and being the diversion of existing gas pipeline commencing at a point north of utility logistic hub (Work No. ULH 04) and terminating east of North Road (Work No. 8D), for 1,575 metres in length.

Work No. G9 – as shown on sheets 39 and 40 of the works plans and being the diversion of existing gas pipeline commencing at a point east of North Road (Work No. 8D) and terminating west of the new A122 Lower Thames Crossing (Work No. 9A), for 1,151 metres in length.

Work No. G10 – as shown on sheet 46 of the works plans and being the installation of a high-pressure gas pipeline situated south of Folkes Lane Wood and crossing the improved M25 road (Work No. 9E), for 630 metres in length.

Work No. TFGP1 – as shown on sheet 23 and being the installation of a high-pressure gas pipeline commencing at a point situated west of the new A122 Lower Thames Crossing, crossing under Tilbury viaduct (Work No. 6B) and terminating south of Goshem’s Farm, for 300 metres in length.

Utilities works – Multi-utility diversion works

Work No. MU1 – as shown on sheet 3 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, including the installation of a new substation (annotated as SS1) in a 5x5m plot west of Harlex Haulage.

Work No. MU2 – as shown on sheet 3 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, crossing under the A2 improvement works (Work No. 1A).

Work No. MU3 – as shown on sheets 3 and 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, in the verge of the new A2 westbound link road (Work No. 1F).

Work No. MU4 – as shown on sheets 3 and 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, on the outside of the proposed earthworks along the new A2 westbound link road (Work No. 1F).

Work No. MU5 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, in the new Brewers Road bridge and along the improved section of Brewers Road (Work No. 1D).

Work No. MU6 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, in the verge of the improved section of the Brewers Road (Work No. 1D).

Work No. MU7 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, on the outside of the proposed earthworks along the new A2 eastbound link road (Work No. 1C).

Work No. MU8 – as shown on sheets 4 and 5 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, along one lane of the existing Halfpence Lane.

Work No. MU9 – as shown on sheets 4 and 6 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, along the new local road between the existing Halfpence Lane roundabout and Henhurst Road roundabout (Work No. 1E and Work No. 2V).

Work No. MU10 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, along the new Thong Lane (Work No. 1H) and south of Inn on the Lake.

Work No. MU11 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, along the new Thong Lane (Work No. 1H) including the installation of two new electrical substations (annotated as SS2 and SS3) in a 5x5m plot at the construction area Work No. CA2 location.

Work No. MU12 – as shown on sheet 4 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, along the new Thong Lane bridge (Work No. 1H).

Work No. MU13 – as shown on sheet 6 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor and the provision of two new substations (annotated as SS4 and SS5) in a 5x5m plot south of the new Cobham roundabout (Work No. 2U).

Work No. MU14 – as shown on sheet 6 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, south of the new Henhurst roundabout (Work No. 2E) and south of the new local road between Henhurst roundabout and the improved A2 mainline (Work No. 2X and 2Y) including the installation of a new electrical substation (annotated as SS6) in a 5x5m plot located south east of the new Henhurst roundabout.

Work No. MU15 – as shown on sheets 6, 7 and 8 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, along the north side of the improved section of the A2 (Work No. 2S) to provide permanent power supply for the South Portal (Work No. 3C) from Northfleet East Grid substation.

Work No. MU16 – as shown on sheet 6 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north and around the Gravesend East Junction north (Work No. 2Z).

Work No. MU17 – as shown on sheets 6 and 11 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor; located north of the new Gravesend East Junction link road (Work No. 2I) and terminating south of the realigned Thong Lane over the new A122 Lower Thames Crossing (Work No. 3B).

Work No. MU18 – as shown on sheet 11 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, along the new bridge to carry the realigned Thong Lane over the new A122 Lower Thames Crossing (Work No. 3B).

Work No. MU19 – as shown on sheets 11 and 13 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, from the new bridge to carry the realigned Thong Lane over the new A122 Lower Thames Crossing (Work No. 3B) to provide permanent power supply for the South Portal (Work No. 3C) from Northfleet East Grid substation.

Work No. MU20 – as shown on sheets 12 and 13 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, along the existing A226 and to provide connection the new substation (MU21).

Work No. MU21 – as shown on sheet 13 of the works plans and being the construction of a new permanent utility compound, to include the construction of a new primary substation for power supply to the South Portal (Work No. 3C).

Work No. MU22 – as shown on sheet 13 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, along the existing A226 over the new A122 Lower Thames Crossing tunnel (Work No. 4A).

Work No. MU23 – as shown on sheet 13 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, along the existing A226 at the access point to the new construction area Work No. CA3.

Work No. MU24 – as shown on sheet 13 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, along the existing A226 over the new A122 Lower Thames Crossing tunnel (Work No. 4A).

Work No. MU25 – as shown on sheet 14 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of the new construction area Work No. CA3A.

Work No. MU26 – as shown on sheet 14 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of the new construction area Work No. CA3A along the existing Lower Higham Road.

Work No. MU27 – as shown on sheets 16, 20, 21 and 23 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, along the new construction area Work No. CA5, to provide permanent connection to the North Portal (Work No. 5A).

Work No. MU28 – as shown on sheets 20, 23 and 24 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, between the new overhead diversion from East Tilbury to Linford (Work No. OH3).

Work No. MU29 – as shown on sheets 20 and 23 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located from the new construction area Work No. CA5 and Gun Hill, to provide permanent water supply to the new North Portal (Work No. 5A).

Work No. MU30 – as shown on sheet 23 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the existing Station Road.

Work No. MU31 – as shown on sheet 23 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor; located around the new viaduct to carry the new A122 Lower Thames Crossing over the Tilbury Loop railway line (Work No. 5C).

Work No. MU32 – as shown on sheet 23 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the new viaduct to carry the new A122 Lower Thames Crossing over the Tilbury Loop railway line (Work No. 5C).

Work No. MU33 – as shown on sheet 23 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of the new viaduct to carry the new A122 Lower Thames Crossing over the Tilbury Loop railway line (Work No. 5C), including the installation of a new electrical substation (annotated as SS7) in a 5x5m plot located north of the reconfigured reservoir (Work No. 5K).

Work No. MU34 – as shown on sheet 24 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of the new section of the realigned Muckingford Road (Work No. 6B).

Work No. MU35 – as shown on sheets 24 and 25 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new Muckingford Road (Work No. 6B).

Work No. MU36 – as shown on sheet 24 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the new Muckingford Road (Work No. 6B), including the installation of a new electrical substation (annotated as SS8) in a 5x5m plot located at the intersection with Ashlea Farm.

Work No. MU37 – as shown on sheets 24 and 27 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of the new realigned Hoford Road (Work No. 6C).

Work No. MU38 – as shown on sheet 28 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located east of the new realigned Brentwood Road (Work No. 6D).

Work No. MU39 – as shown on sheets 28 and 32 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new realigned Brentwood Road (Work No. 6D) and along the existing Brentwood Road for connection at Orsett Cock roundabout (Work No. 7F).

Work No. MU40 – as shown on sheet 28 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located east and west of the new realigned Brentwood Road (Work No. 6D).

Work No. MU41 – as shown on sheets 28, 29 and 32 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located between the new realigned Brentwood Road (Work No. 6D) and the new A13 junction, including the installation of two new electrical substation (annotated as SS9 and SS10) in a 5x5m plot located at the Brook Farm and Heath Place.

Work No. MU42 – as shown on sheet 31 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the existing A1013 Stanford Road.

Work No. MU43 – as shown on sheet 32 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of the realigned section of the A1013 Stanford Road (Work No. 7D), including the installation of a new electrical substation (annotated as SS14) in a 5x5m plot located east of the new realigned Rectory Road (Work No. 7J).

Work No. MU44 – as shown on sheets 26, 29 and 32 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of the realigned section of the A1013 Stanford Road (Work No. 7D).

Work No. MU45 – as shown on sheet 32 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new realigned Rectory Road bridge (Work No. 7J), including the installation of a new electrical substation (annotated as SS15) in a 5x5m plot located west of the new realigned Rectory Road (Work No. 7J).

Work No. MU46 – as shown on sheets 28, 29, 32 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the existing Mill Lane.

Work No. MU47 – as shown on sheets 28, 29 and 32 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, connecting Hornsby Lane and the realigned section of the A1013 Stanford Road (Work No. 7D).

Work No. MU48 – as shown on sheets 28 and 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located west of Hornsby Lane, including the installation of a new electrical substation (SS11) in a 5x5m plot located west of Rose Cottage.

Work No. MU49 – as shown on sheet 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the existing Heath Road, including the installation of a new electrical substation (annotated as SS12) in a 5x5m plot located west of the new A122 Lower Thames Crossing (Work No. 7A).

Work No. MU50 – as shown on sheet 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the existing Heath Road north of the new substation (annotated as SS12).

Work No. MU51 – as shown on sheet 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new realigned Baker Street (Work No. 7V).

Work No. MU52 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new realigned Baker Street (Work No. 7V), including the installation of a new electrical substation (annotate as SS13) in a 5x5m plot located west of Baker Street.

Work No. MU53 – as shown on sheet 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along Woolings Close.

Work No. MU54 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-west of the new improved A13 road (Work No. 7F).

Work No. MU55 – as shown on sheet 29 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along Gammonfields Way (Work No. 7U) and connecting at Long Lane.

Work No. MU56 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, connecting the multi-utilities diversion Work No. MU55 and the north-east of the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU57 – as shown on sheets 29 and 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the existing A13 road.

Work No. MU58 – as shown on sheet 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-west of the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU59 – as shown on sheet 33 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-east of the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU60 – as shown on sheets 33 and 34 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility within a multi-utility corridor, located along the new realigned Stifford Clays Road (Work No. 7L).

Work No. MU61 – as shown on sheet 38 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the new viaduct to carry the new A122 Lower Thames Crossing over the river Mardyke (Work No. 8B).

Work No. MU62 – as shown on sheet 38 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new bridge to carry FP136 (Work No. 8C).

Work No. MU63 – as shown on sheets 38 and 41 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located around the new bridge to carry FP136 (Work No. 8C).

Work No. MU64 – as shown on sheets 38 and 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of the new A122 Lower Thames Crossing (Work No. 8A).

Work No. MU65 – as shown on sheet 38 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the new A122 Lower Thames Crossing (Work No. 8A).

Work No. MU66 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU67 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south-west of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU68 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU69 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located west of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU70 – as shown on sheet 39 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north-west of the new bridge to carry North Road over the new A122 Lower Thames Crossing (Work No. 8D).

Work No. MU71 – as shown on sheets 39 and 40 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north and under the new A122 Lower Thames Crossing (Work No. 9A).

Work No. MU72 – as shown on sheets 42, 43 and 44 of the works plans and being the diversion of multi-utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located between the south of Ockendon Road and St Mary’s Lane.

Work No. MU73 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of Ockendon Road and under the new A122 Lower Thames Crossing (Work No. 9A).

Work No. MU74 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located east of the M25.

Work No. MU75 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located west of the M25.

Work No. MU76 – as shown on sheet 42 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the Ockendon Road.

Work No. MU77 – as shown on sheets 42 and 43 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of Ockendon Road.

Work No. MU78 – as shown on sheet 43 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new public right of way over the new A122 Lower Thames Crossing (Work No. 9O).

Work No. MU79 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of St Mary’s Lane.

Work No. MU80 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the existing St Mary’s Lane.

Work No. MU81 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the east of the M25 (Work No. 9E) between the existing St Mary’s Lane and Latchford Farm.

Work No. MU82 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the M25 (Work No. 9E) and south of St Mary’s Lane.

Work No. MU83 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the M25 (Work No. 9E) and north of St Mary’s Lane.

Work No. MU84 – as shown on sheet 44 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located south of Shoebury Railway line.

Work No. MU85 – as shown on sheet 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located along the new public right of way under the new A122 (Work No. 9P).

Work No. MU86 – as shown on sheets 44 and 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located north of Shoebury Railway line.

Work No. MU87 – as shown on sheet 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor and the installation of poles and pole mounted transformers, located under and along the western side of the M25 (Work No. 9E).

Work No. MU88 – as shown on sheet 45 of the works plans and being the diversion of multi- utilities, to include installation or diversion of underground utilities within a multi-utility corridor, located under the M25 junction 29 along the improved A127 (Work No. 9J).

Work No. MU89 – as shown on sheet 45 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, located under the M25 junction 29 (Work No. 9G) and north of the improved A127 highway (Work No. 9J).

Work No. MU90 – as shown on sheet 45 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, located around the new public right of way over the improved section of the A127 highway (Work No. 9Z).

Work No. MU91 – as shown on sheet 45 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor, located around the new public right of way over the improved section of the A127 highway (Work No. 9Y).

Work No. MU92 – as shown on sheet 46 of the works plans and being the diversion of multi-utilities, to include the installation or diversion of underground utilities within a multi-utility corridor and the installation of a pole and pole mounted transformer, located under and along the improved section of the M25 (Work No. 9E).

Utilities works – Temporary multi-utility diversion works

Work No. MUT1 – as shown on sheet 4 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA2 within a multi-utility corridor located over the existing Thong Lane bridge, for 606 metres in length.

Work No. MUT2 – as show on sheet 4 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections within a multi-utility corridor located west of Thong Lane bridge, for 227 metres in length.

Work No. MUT3 – as shown on sheet 13 and 14 of the works plan and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA3 and Work No. CA3a within a multi-utility corridor located along A226, for 708 metres in length.

Work No. MUT4 – as shown on sheets 16, 20 and 21 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for supply to TBM substation located at construction area Work No. CA5 within a dual multi-utility corridor located east of the former Tilbury Power station, for 1,085 metres in length.

Work No. MUT5 – as shown on sheet 16 and 20 of the works plans and being the temporary installation of a substation to power the TBM located at construction area Work No. CA5.

Work No. MUT6 – as shown on sheets 20, 22, 23 and 24 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA5 within a multi-corridor located to the west of East Tilbury and Linford, for 3,132 metres in length.

Work No. MUT7 – as shown on sheet 20 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA5 within a multi-corridor located at Tilbury, for 320 metres in length.

Work No. MUT8 – as shown on sheets 20 and 23 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA5 within a multi-corridor located at Tilbury, for 450 metres in length.

Work No. MUT9 – as shown on sheets 20 and 23 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA5 within a multi-corridor located at Tilbury, for 500 metres in length.

Work No. MUT10 – as shown on sheet 23 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA5 within a multi-corridor located at Tilbury, for a62 metres in length.

Work No. MUT11 – as shown on sheet 22 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA5 within a multi-corridor located along Love Lane, for 532 metres in length.

Work No. MUT12 – as shown on sheet 28 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA6 within a multi-corridor located east of Brentwood Road, for 615 metres in length.

Work No. MUT13 – as shown on sheets 28, 29, 33 and 35 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction areas Work No. CA6, CA7, CA9, CA10 and Work No. CA11 within a multi-corridor from Brentwood Road to the construction area CA11, for 5,333 metres in length.

Work No. MUT14 – as shown on sheets 25, 26 and 28 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction areas Work No. CA6, CA7, CA8, CA9, CA10 and Work No. CA11 within a multi-corridor along Marshfoot Road to Brentwood Road, for 2,365 metres in length.

Work No. MUT15 – as shown on sheets 28 and 32 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA6 within a multi-corridor along Brentwood Road, for 886 metres in length.

Work No. MUT16 – as shown on sheets 28 and 29 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA8 within a multi-corridor crossing A1013 road, for 1,500 metres in length.

Work No. MUT17 – as shown on sheets 28, 29 and 32 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA7 within a multi-corridor crossing Hornsby Lane, for 486 metres in length.

Work No. MUT18 – as shown on sheets 28 and 29 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA7 within a multi-corridor between Hornsby Lane and Heath Road, for 873 metres in length.

Work No. MUT19 – as shown on sheet 32 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections within a multi-corridor between Orsett Cock gyratory and Rectory Road, for 914 metres in length.

Work No. MUT20 – as shown on sheets 29 and 33 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA8 within a multi-corridor western of A1089 road, for 1,736 metres in length.

Work No. MUT21 – as shown on sheet 33 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction areas Work No. CA9 and Work No. CA10 within a multi-corridor along Stifford Clays Road, for 1,662 metres in length.

Work No. MUT22 – as shown on sheets 33 and 35 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA11 within a multi-corridor along Fen Lane, for 1,860 metres in length.

Work No. MUT23 – as shown on sheets 30, 33 and 34 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA9 within a multi-corridor along Stifford Clays Road, for 785 metres in length.

Work No. MUT24 – as shown on sheets 33, 34, 35 and 36 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA9 within a multi-corridor along Medebridge Road, for 3,000 metres in length.

Work No. MUT25 – as shown on sheet 35 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA11 within a multi-corridor, for 931 metres in length.

Work No. MUT26 – as shown on sheets 38, 39 and 41 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA13 within a multi-corridor, for 1,655 metres in length.

Work No. MUT27 – as shown on sheets 38 and 39 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA13 within a multi-corridor, for 907 metres in length.

Work No. MUT28 – as shown on sheets 39, 42 and 43 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction areas Work No. CA13 and Work No. CA14 within a multi-corridor along North Road and Clay Tye Road, for 2,035 metres in length.

Work No. MUT29 – as shown on sheet 39 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area Work No. CA14 within a multi-corridor west of North Road, for 922 metres in length.

Work No. MUT30 – as shown on sheet 42 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the temporary diversion of Ockendon Road within a multi-corridor, for 292 metres in length.

Work No. MUT31 – as shown on sheets 42 and 43 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area CA15 within a multi-corridor along Ockendon Road, for 245 metres in length.

Work No. MUT32 – as shown on sheet 45 of the works plans and being the temporary installation of multi-utilities, to include the installation or diversion of underground utilities connections for the construction area CA16 within a multi-corridor along Warley Road, for 700 metres in length.

Environmental works

Work No. E1 – as shown on sheets 1 and 2 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Work No. E2 – not used.

Work No. E3 – as shown on sheet 3 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting, including the construction of a new bat barn structure (BBr1).

Work No. E4 – as shown on sheet 4 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E5 – as shown on sheets 4 and 6 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E6 – as shown on sheets 4 and 11 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr4) and new ecological ponds.

Work No. E7 – as shown on sheet 6 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr2).

Work No. E8 – as shown on sheet 6 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Work No. E9 – as shown on sheets 6 and 11 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting.

Work No. E10 – as shown on sheet 11 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting, including the construction of a new bat barn structure (BBr3).

Work No. E11 – as shown on sheets 10 and 11 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting.

Work No. E12 – as shown on sheet 10 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Work No. E13 – as shown on sheets 9 and 10 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Work No. E14 – as shown on sheets 16, 20 and 23 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E15 – as shown on sheet 19 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E16 – as shown on sheets 19 and 22 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E17 – as shown on sheets 19 and 22 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr5).

Work No. E18 – as shown on sheet 23 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E19 – as shown on sheets 23 and 24 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E20 – as shown on sheet 24 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E21 – as shown on sheet 27 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E22 – as shown on sheet 27 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E23 – as shown on sheet 27 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E24 – as shown on sheet 27 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting, including the construction of a new bat barn structure (BBr6).

Work No. E25 – as shown on sheets 27 and 28 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Work No. E26 – as shown on sheets 27 and 31 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Work No. E27 – as shown on sheet 28 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E28 – as shown on sheet 28 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E29 – as shown on sheet 29 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E30 – as shown on sheet 29 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E31 – as shown on sheets 29 and 33 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E32 – as shown on sheet 33 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E33 – as shown on sheet 33 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E34 – as shown on sheet 33 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E35 – as shown on sheet 35 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr7).

Work No. E36 – as shown on sheets 35, 37, 38 and 41 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr8) and new ecological ponds.

Work No. E37 – as shown on sheets 35 and 37 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E38 – as shown on sheet 36 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E39 – as shown on sheet 37 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E40 – as shown on sheet 38 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E41 – as shown on sheet 39 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E42 – as shown on sheet 41 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E43 – as shown on sheet 42 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E44 – as shown on sheet 42 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E45 – as shown on sheets 42 and 43 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of a new bat barn structure (BBr8).

Work No. E46 – as shown on sheet 43 of the works plans and being the implementation of environmental mitigation works to create a site for protected species.

Work No. E47 – as shown on sheet 44 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E48 – as shown on sheet 44 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E49 – as shown on sheets 45 and 46 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting.

Work No. E50 – as shown on sheets 46 and 47 of the works plans and being the implementation of environmental mitigation works to create a site for ancient woodland planting, including the construction of new ecological ponds.

Work No. E51 – as shown on sheets 46 and 47 of the works plans and being the implementation of environmental mitigation works to create a site for protected species, including the construction of new ecological ponds.

Work No. E52 – as shown on sheets 46 and 47 of the works plans and being the implementation of environmental works to create a compensatory habitat site for nitrogen deposition.

Temporary environmental works

Work No. ET1 – as shown on sheets 14 and 15 of the works plans and being the temporary implementation of environmental works to create a compensatory habitat site.

Open space and common land

Work No. OSC1 – as shown on sheet 3 of the works plans and being the implementation of replacement open space for Shorne Woods country park.

Work No. OSC2 – not used.

Work No. OSC3 – not used.

Work No. OSC4 – as shown on sheets 11 and 13 of the works plans and being the implementation of new recreational site, to include—

(a) the establishment of a hilltop landform;

(b) the creation of landforms and associated landscape; and.

(c) the implementation of replacement open space.

Work No. OSC5 – as shown on sheets 16, 20 and 23 of the works plans and being the implementation of new replacement land, to include—

(a) the implementation of a new recreational site with the establishment of a sculptural landscape mounding;

(b) the implementation of a new recreational site with the creation of landforms and associated landscape; and

(c) the implementation of new common land at Tilbury Green.

Work No. OSC6 – as shown on sheet 29 of the works plans and being the implementation of replacement open space for Ron Evans memorial field.

Work No. OSC7 – as shown on sheets 29 and 33 of the works plans and being the implementation of replacement open space for Ron Evans memorial field.

Work No. OSC8 – as shown on sheets 33, 34 and 35 of the works plans and being the implementation of replacement common land for Orsett Fen.

Work No. OSC9 – as shown on sheets 37 and 38 of the works plans and being the implementation of replacement common land for Orsett Fen.

Work No. OSC10 – as shown on sheets 42 and 43 of the works plans and being the implementation of replacement open space for Thames Chase Forest Centre.

Work No. OSC11 – as shown on sheet 44 of the works plans and being the implementation of replacement open space for Thames Chase Forest Centre.

Work No. OSC12 – as shown on sheet 47 of the works plans and being the implementation of replacement open space for Folkes Lane.

Flood compensation areas

Work No. FCA1 – as shown on sheet 23 of the works plans and being the construction of a new flood compensation area.

Work No. FCA2 – as shown on sheets 35, 37 and 38 of the works plans and being the construction of a new flood compensation area.

Work No. FCA3 – as shown on sheets 35 and 38 of the works plans and being the construction of a new flood compensation area.

Work No. FCA4 – as shown on sheet 38 of the works plans and being the construction of a new flood compensation area.

Work No. FCA5 – as shown on sheet 44 of the works plans and being the construction of a new flood compensation area.

Work No. FCA6 – as shown on sheet 44 of the works plans and being the construction of a new flood compensation area.

Work No. FCA7 – as shown on sheet 44 of the works plans and being the construction of a new flood compensation area.

Construction areas – Main works compounds

Work No. CA1 – as shown on sheet 6 of the works plans, the establishment of a construction compound for main works, located north of Gravesend East junction, of 2,980 square metres.

Work No. CA2 – as shown on sheet 4 of the works plans, the establishment of a construction compound for main works, located west of Thong Lane, of 50,605 square metres.

Work No. CA3 – as shown on sheets 11, 13 and 14 of the works plans, the establishment of a construction compound for main works, located around the south tunnel portal, of 1,634,861 square metres.

Work No. CA3A – as shown on sheet 14 of the works plans, the establishment of a satellite construction compound for main works, located north of the south tunnel portal, of 55,030 square metres.

Work No. CA3B – as shown on sheet 15 of the works plans, the establishment of a satellite construction compound for main works, located north of North Kent railway, of 31,989 square metres.

Work No. CA4 – not used.

Work No. CA5 – as shown on sheets 16, 17, 20, 21, 22 and 23 of the works plans, the establishment of a construction compound for main works, located around the north tunnel portal, of 1,880,418 square metres, to include—

(a) workers accommodation;

(b) batch plants; and

(c) a segment cast factory.

Work No. CA5A – as shown on sheet 23 of the works plans, the establishment of a satellite construction compound for main works, located north of the construction compound on the north tunnel portal (Work No. CA5), of 4,512 square metres.

Work No. CA6 – as shown on sheet 28 of the works plans, the establishment of a construction compound for main works, located west of Brentwood Road, of 110,323 square metres.

Work No. CA7 – as shown on sheet 28 of the works plans, the establishment of a construction compound for main works, located, of 5,000 square metres.

Work No. CA8A – as shown on sheet 29 of the works plans, the establishment of a construction compound for main works, located west of the new A13 junction, of 42,519 square metres.

Work No. CA8B – as shown on sheet 29 of the works plans, the establishment of a construction compound for main works, located west of the new A13 junction, of 14,862 square metres.

Work No. CA9 – as shown on sheet 33 of the works plans, the establishment of a construction compound for main works, located south of Stifford Clays Road, of 39,845 square metres.

Work No. CA10 – as shown on sheet 33 of the works plans, the establishment of a construction compound for main works, located north of Stifford Clays Road, of 67,309 square metres.

Work No. CA11 – as shown on sheet 35 of the works plans, the establishment of a construction compound for main works, located south of Mardyke area, of 28,874 square metres.

Work No. CA12 – not used.

Work No. CA13 – as shown on sheets 38 and 39 of the works plans, the establishment of a construction compound for main works, located west of Mardyke area, of 42,210 square metres.

Work No. CA14 – as shown on sheets 39 and 42 of the works plans, the establishment of a construction compound for main works, located south of Ockendon road, of 224,708 square metres.

Work No. CA15A – as shown on sheet 43 of the works plans, the establishment of a construction compound for main works, located north of Ockendon road, of 32,674 square metres.

Work No. CA16 – as shown on sheet 45 of the works plans, the establishment of a construction compound for main works, located south of the existing M25 junction 29, of 24,347 square metres.

Construction areas – Utility logistics hubs

Work No. ULH01 – as shown on sheets 46 and 47 of the works plans, the establishment of a utility logistics hub, located east of Folkes Lane woodland, of 13,200 square metres.

Work No. ULH02 – as shown on sheet 46 of the works plans, the establishment of a utility logistics hub, located south of Folkes Lane woodland, of 2,100 square metres.

Work No. ULH03 – not used.

Work No. ULH04 – as shown on sheet 38 of the works plans, the establishment of a utility logistics hub, located north of the Mardyke area, of 14,300 square metres.

Work No. ULH05 – as shown on sheet 34 of the works plans, the establishment of a utility logistics hub, located north of Stifford Clays Road, of 13,200 square metres.

Work No. ULH06 – as shown on sheets 31 and 32 of the works plans, the establishment of a utility logistics hub, located east of Orsett Cock roundabout, of 14,800 square metres.

Work No. ULH07 – as shown on sheet 33 of the works plans, the establishment of a utility logistics hub, located north of the improved A13 junction, of 13,275 square metres.

Work No. ULH08 – as shown on sheet 29 of the works plans, the establishment of a utility logistics hub, located west of the improved A13 junction, of 17,973 square metres.

Work No. ULH09 – as shown on sheet 28 of the works plans, the establishment of a utility logistics hub, located south of the improved A13 junction, of 14,300 square metres.

Work No. ULH10 – as shown on sheet 28 of the works plans, the establishment of a utility logistics hub, located west of Brentwood Road, of 13,200 square metres.

Work No. ULH11 – as shown on sheet 24 of the works plans, the establishment of a utility logistics hub, located south of Muckingford Road, of 9,618 square metres.

Work No. ULH12 – as shown on sheets 23 and 24 of the works plans, the establishment of a utility logistics hub, located west of the new Tilbury viaduct, of 8,380 square metres.

Work No. ULH13 – as shown on sheet 11 of the works plans, the establishment of a utility logistics hub, located east of the realigned Thong Lane, of 60,765 square metres.

Work No. ULH14 – as shown on sheets 6 and 11 of the works plans, the establishment of a utility logistics hub, located north of Claylane Wood, of 52,712 square metres.

Work No. ULH15 – as shown on sheet 6 of the works plans, the establishment of a utility logistics hub, located east of the new A2/A122 Lower Thames Crossing junction, of 15,545 square metres.

Work No. ULH16 – as shown on sheet 3 of the works plans, the establishment of a temporary utility logistics hub, located north of Park Pale, of 9,416 square metres.

Ancillary works

For the purposes of or in connection with the construction of any of the works and other development in the Order limits, ancillary or related works and other development which is not likely to give rise to any materially new or materially different environmental effects to those assessed in the environmental statement consisting of—

(a) alteration of the layout of any street permanently or temporarily, including increasing or reducing the width of the carriageway of any street by increasing or reducing the width of any kerb, footway, cycle track or verge within the street; and altering the level of any such kerb, footway, cycle track, or verge within the street;

(b) works required for the strengthening, improvement, protection, repair, maintenance or reconstruction of any street, bridge, building or structure;

(c) the remediation of any carriageway made redundant by the stopping up of any highway or means of access;

(d) ramps, means of access (including private means of access), footpaths, footways, cycle tracks, bridleways, equestrian tracks, non-motorised user routes or links, byways open to all traffic, restricted byways, laybys and crossing facilities;

(e) embankments, cuttings, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, barriers (including road restraint, safety barriers), parapets, wing walls, new and replacement highway lighting, fencing, other boundary treatments including bollards, and drainage works (including carrier drains, filter drains, outfalls, lagoons, pumping stations, culverts headwalls, ditches, attenuation earthwork ditches, soakaways, pollution control devices, and catch pits);

(f) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it, and tunnelling or boring under a street;

(g) works to place, alter, divert, relocate, remove, protect, or maintain street furniture, apparatus, services, plant and other equipment in a street, or in, under or above, other land, including mains, sewers, drains, pipes, hydrants, cables, ducts, masts, poles, associated cabinets or substations, lights, and cofferdams;

(h) works to alter the course of, or otherwise interfere with a watercourse (excluding the river Thames);

(i) landscaping, re-grading, re-profiling, contouring, noise barriers, works associated with the provision of ecological mitigation, and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised development;

(j) settlement monitoring and mitigation measures for the benefit or protection of, or in relation to, any land, building or structure, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

(k) site preparation works, site clearance (including vegetation removal, demolition of existing structures and the creation of alternative footpaths), earthworks (including soil stripping and storage and site levelling) and remediation of any contamination;

(l) the implementation of works to affect the processing, deposition or use of excavated material;

(m) the establishment of construction compounds and working sites, storage areas (including storage of excavated material and other materials), temporary vehicle parking, hoarding, construction fencing, perimeter enclosure, security fencing, construction-related buildings, welfare facilities, temporary worker accommodation facilities for vehicle recovery crew, vehicle recovery, construction lighting, haulage roads; borrow pits and other buildings, machinery, apparatus, works and conveniences;

(n) the relocation or provision of new road traffic signs, new gantries, new signage, new variable message signs, signals, emergency telephones, closed circuit television (CCTV), traffic detection equipment, weather monitoring equipment, road restraints and carriageway lane markings;

(o) the provision of other works including pavement works, carriageway surfacing, kerbing and paved areas works, the modification or demolition of existing gantries, signs, signals road markings, traffic management measures including temporary roads, temporary earthworks and construction site accesses and such other works as are associated with the construction of the authorised development; and

(p) such other works, working sites storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development.

PART 2 WORKS TO SCHEDULED MONUMENTS

Articles 3 and 36

SCHEDULE 2 REQUIREMENTS

PART 1 REQUIREMENTS

Interpretation

1.—(1) In this Schedule—

“ advanced compound areas” means the areas shown as advanced compound areas in plate 3.1 of the Code of Construction Practice;

“ AMS-OWSI” means the draft Archaeological Mitigation Strategy and Outline Written Scheme of Investigation (Appendix 6.9 of the environmental statement, application document TR010032/APP/6.3)

“ Code of Construction Practice” means the Code of Construction Practice including the Register of Environmental Actions and Commitments listed in Schedule 16 (documents to be certified) and certified as the code of construction practice by the Secretary of State and which is the first iteration of an environmental management plan;

“ commence” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development other than preliminary works and “ commencement” is to be construed accordingly; “ contaminated land” has the same meaning as that given in section 78A of the Environmental Protection Act 1990( 152);

“ the design principles document” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State;

“ EMP (Second Iteration)” means the second iteration of an environmental management plan to be submitted and approved under paragraph 4(2) of this Schedule;

“ EMP (Third Iteration)” means the third iteration of an environmental management plan which is a handover environmental management plan;

“ LEMP” means a landscape and ecological management plan submitted and approved under paragraph 5(1) of this Schedule;

“ the Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

“ Mitigation Route Map” means a document providing an index to, description of, and access to plans and documents prepared pursuant to paragraphs 4, 5, 9. 10, 11 and 16 of this Schedule;

“ outline traffic management plan for construction” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State;

“ preliminary works” means operations consisting of—

“ preliminary works EMP” means Annex C of the Code of Construction Practice and includes the preliminary works REAC;

“ preliminary works REAC” means those measures in the REAC applying to the preliminary works as shown in Table 2.1 of Annex C of the Code of Construction Practice; and

“ REAC” means the register of environmental actions and commitments contained in the Code of Construction Practice.

(2) References in this Schedule to part of the authorised development are to be construed as references to stages, phases or elements of the authorised development in respect of which an application is made by the undertaker under this Schedule, and references to commencement of part of the authorised development in this Schedule are to be construed accordingly.

(3) References to details or schemes approved under this Schedule are to be construed as references to details or schemes approved in relation to a specified part of the authorised development, as the case may be.

Time limits

2.  The authorised development must begin no later than the expiration of 5 years beginning with the date that this Order comes into force.

Detailed design

3.—(1) The authorised development must be designed in detail and carried out in accordance with—

(a) the design principles document;

(b) the preliminary scheme design shown on the engineering drawings and sections; and

(c) the general arrangement drawings,

unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and, in respect of the authorised development comprising highways other than a special road or trunk road, the relevant local highway authority on matters related to their functions, provided that the Secretary of State is satisfied that any amendments to those documents showing departures from the preliminary scheme design would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2) The undertaker in relation to the detailed design of the authorised development must have regard to the amended duty to further the purpose of conserving and enhancing areas of outstanding natural beauty in section 85 (general duty of public bodies etc.)( 153) of the Countryside and Rights of Way Act 2000.

(3) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available in electronic form for inspection by members of the public.

(4) In this paragraph, “ general arrangement drawings” means the general arrangement document listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Construction and handover environmental management plans

4.—(1) The preliminary works must be carried out in accordance with the preliminary works EMP.

(2) No part of the authorised development is to commence until an EMP (Second Iteration), substantially in accordance with the Code of Construction Practice, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authorities, relevant local highway authorities and bodies identified in Table 2.1 of the Code of Construction Practice to the extent that it relates to matters relevant to their respective functions.

(3) The EMP (Second Iteration) must be written in accordance with ISO14001, reflect the mitigation measures set out in the REAC and must include measures or plans for the management of—

(a) site waste (substantially in accordance with the outline site waste management plan);

(b) handling of materials (substantially in accordance with the outline materials handling plan);

(c) noise and vibration;

(d) air quality;

(e) ecology;

(f) soils;

(g) contaminated land;

(h) substances hazardous to health; and

(i) pollution prevention controls.

(4) The construction of the relevant part of authorised development must be carried out in accordance with the EMP (Second Iteration) approved for that part.

(5) An EMP (Third Iteration) must be developed and completed by the end of the construction, commissioning and handover stage of any part of the authorised development, in accordance with the process set out in the Code of Construction Practice.

(6) The EMP (Third Iteration) must address the matters set out in the EMP (Second Iteration) that are relevant to the operation and maintenance of the authorised development and must, except where contained in a LEMP approved under paragraph 5 of this Schedule, contain—

(a) the environmental information needed for the future maintenance and operation of the authorised development;

(b) the long-term commitments to aftercare, monitoring and maintenance activities relating to the environmental features and mitigation measures that will be required to ensure the continued long-term effectiveness of the environmental mitigation measures and the prevention of unexpected environmental impacts during the operation of the authorised development; and

(c) a record of the consents, commitments and permissions resulting from liaison with statutory bodies.

(7) The authorised development must be operated and maintained in accordance with an EMP (Third Iteration).

(8) Any preliminary works EMP, EMP (Second Iteration) or EMP (Third Iteration) must be accompanied by a Mitigation Route Map which must index and describe the purpose and main components of each measure or plan within it in an accessible form and relate these to the purpose and main components of the following requirements under this Part of this Schedule—

(a) any LEMP prepared under paragraph 5 (landscape and ecology);

(b) any draft AMS-OWSI prepared under paragraph 9 (historic environment);

(c) any outline traffic management plan for construction prepared under paragraph 10 (traffic management);

(d) any construction travel plan prepared under paragraph 11 (construction travel plans);

(e) any operational traffic impact monitoring scheme prepared under paragraph 14 (traffic monitoring); and

(f) any Carbon and energy management plan prepared under paragraph 16 (carbon and energy management plan).

(9) In this paragraph—

“ outline materials handling plan” means the outline materials handling plan appended to the Code of Construction Practice; and

“ outline site waste management plan” means the outline site waste management plan appended to the Code of Construction Practice.

Landscaping and ecology

5.—(1) Each part of the authorised development must be landscaped in accordance with a LEMP which sets out details of all proposed hard and soft landscaping works for that part and which has been submitted to and approved in writing by the Secretary of State prior to the opening of that part, following consultation by the undertaker with the bodies listed in Table 2.1 of the outline LEMP on matters related to their respective functions.

(2) A LEMP prepared under sub-paragraph (1) must be substantially in accordance with the outline LEMP and must—

(a) reflect the design principles document and the mitigation measures set out in the REAC;

(b) be based on the environmental masterplan annexed to the environmental statement; and

(c) include details of—

(i) location, number, species mix, size and planting density of any proposed planting;

(ii) cultivation, importing of materials and other operations to ensure plant establishment;

(iii) existing trees and vegetation to be retained, with measures for their protection during the construction period;

(iv) proposed finished ground levels;

(v) implementation timetables for landscaping works;

(vi) commitments to aftercare, monitoring and maintenance activities relating to the landscaping and ecological features; and

(vii) measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the LEMP that, within a period of 5 years or such period as may be specified in the LEMP after the completion of the part of the authorised development to which the relevant LEMP relates, dies, becomes seriously diseased or is seriously damaged in the construction of the authorised development.

(3) The undertaker must carry out, and maintain, each relevant part of the authorised development in accordance with the LEMP approved for that part under paragraph (1).

(4) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

Contaminated land and groundwater

6.—(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority, the relevant highway authority, and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency on matters related to their respective functions.

(2) Where the undertaker determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, relevant highway authority and the Environment Agency on matters related to their respective functions.

(3) Remediation must be carried out in accordance with the scheme approved under sub-paragraph (2).

Protected species

7.—(1) No part of the authorised development is to begin (except environmental surveys and monitoring) until for that part final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the authorised development, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

(a) a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

(b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

(c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

(3) The undertaker must consult with Natural England and the relevant planning authority on the scheme referred to in sub-paragraph (2) on matters related to their respective functions prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.

(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation with Natural England and the relevant planning authority on matters related to their functions, and under any necessary licences.

(5) In this paragraph—

“ European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017( 154); and

“ nationally protected species” means any species protected under the Wildlife and Countryside Act 1981( 155).

Surface and foul water drainage

8.—(1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, reflecting the mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation by the undertaker with the Environment Agency, the lead local flood authority, the relevant planning authority and the relevant local highway authority on matters related to their respective functions.

(2) The surface and foul water drainage system must be constructed in accordance with the details approved under paragraph (1), unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the Environment Agency, the lead local flood authority, the relevant planning authority, the relevant local highway authority on matters related to their respective functions, provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Historic environment

9.—(1) No part of the authorised development is to commence until for that part a site-specific written scheme for the investigation of areas of archaeological interest, reflecting the relevant mitigation measures set out in the AMS-OWSI, has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and Historic England on matters related to their respective functions.

(2) The authorised development must be carried out in accordance with the scheme referred to in sub-paragraph (1).

(3) A copy of any analysis, reporting, publication or archiving required as part of the written scheme referred to in sub-paragraph (1) must be deposited with the Historic Environment Record of the relevant planning authority within one year of the date of completion of the authorised development or such other period as may be agreed in writing by the relevant planning authority or specified in the written scheme referred to in sub-paragraph (1).

(4) Any archaeological remains not previously identified which are revealed when carrying out the authorised development must be retained in situ and notified to the relevant planning authority as soon as reasonably practicable from the date they are identified.

(5) No construction operations are to take place within 10 metres of the remains referred to in sub-paragraph (4) for a period of 14 days from the date of any notification served under sub-paragraph (4).

(6) If the relevant planning authority determines in writing that the archaeological remains require further investigation, no construction operations are to take place within 10 metres of the remains until provision has been made for the further investigation and recording of the remains in accordance with details to be submitted in writing to and approved in writing by, the relevant planning authority, such approval not be unreasonably withheld or delayed.

(7) No part of any building listed under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 is to be demolished until—

(a) that part of the authorised development has commenced; and

(b) a historic building record relating to that building has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority and Historic England on matters related to their respective functions.

(8) In this paragraph, “ a historic building record” means a Level 4 record as described in the Historic England publication ‘Understanding Historic Buildings: A Guide to Good recording Practice” (2016)( 156) or a successor document.

Traffic management

10.—(1) The preliminary works must be carried out in accordance with section 6 of the outline traffic management plan for construction.

(2) No part of the authorised development is to commence until a traffic management plan for the construction of that part which is substantially in accordance with the outline traffic management plan for construction has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the outline traffic management plan for construction on matters related to their functions.

(3) The authorised development must be carried out in accordance with the traffic management plan referred to in sub-paragraph (2).

Construction travel plans

11.—(1) No part of the authorised development is to commence until a travel plan for the construction of that part which is substantially in accordance with the framework construction travel plan has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority on matters related to its function.

(2) The authorised development must be carried out in accordance with the construction travel plan referred to in sub-paragraph (1).

(3) In this paragraph, “ framework construction travel plan” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Fencing

12.—(1) Any permanent and temporary fencing and other means of enclosure for the highway works comprising the authorised development must be constructed and installed in accordance with Volume 1, Series 0300 of the Manual of Contract Documents for Highway Works unless—

(a) otherwise specified in the REAC; or

(b) any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development, following consultation by the undertaker with—

(i) the relevant planning authority; and

(ii) in respect of the authorised development comprising highways other than a special road or trunk road, the relevant local highway authority on matters related to their respective functions.

(2) In this paragraph, “ highway works” includes the highway works comprised in Works Nos. 1A to 4B, 4D to 5W, 6A to 7Q, 7S to 9Z and excludes Works Nos. 4C, 5X, 7R, OH1 to OH8, OHT1 to OHT8, G1a to G10, TFGP1, MU1 to MU92, MUT1 to MUT32, E1 to E52, ET1, OSC1 to OSC12, FCA1 to FCA7, CA1 to CA16 and ULH01 to ULH16.

Travellers’ site in Thurrock

13.—(1) The replacement of the Gammon Field travellers’ site in Thurrock (Work No. 7R) must not commence until details of its layout and design have been submitted and approved in writing by the local planning authority, such approval not to be unreasonably withheld or delayed, following consultation by the undertaker with the local planning authority and the occupiers of the existing Gammon Field travellers’ site and any dispute as to failure to approve or over conditions is to be subject to the arbitration provisions in article 64 (arbitration).

(2) The details submitted and approved under paragraph (1) must be in accordance with—

(a) clause no. S11.12 of the design principles; and

(b) any plans, details or schemes approved by the Secretary of State under this Schedule.

(3) Work No. 7R must be carried out in accordance with the details approved under paragraph (1).

(4) If the local planning authority which receives an application for approval under sub-paragraph (1) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was made, it is deemed to have granted approval.

(5) From the date the replacement site is provided pursuant to subparagraph (1), the following conditions will apply to that site as though they were imposed under section 70(1) of the 1990 Act—

(a) the site must be used solely as a residential Gypsy and/or Traveller caravan site and there must be no storage of scrap or other commercial vehicles, or open storage of hazardous materials, scrap materials, domestic or commercial waste or other such goods of any kind on the site;

(b) no more than 42 caravans are to be sited on the site at any time;

(c) the site must at all times be kept and maintained in a neat and tidy condition, and no activities must be allowed to take place which would be likely to give rise to noise, smell or other disturbances to the detriment of other occupiers of the site or other disturbance to nearby residential dwellings;

(d) notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015( 157), no structures of any description are to be erected at any time on site save for those whose details have been approved under paragraph (1);

(e) the area of land forming each pitch, other than the hard standing area, will be used only as a garden area and not for the storage of any materials or any other purpose save for those whose details have been approved under paragraph (1);

(f) there must be no direct vehicular or pedestrian access to the Al089 or A13 trunk road for any vehicle or person at any time; and

(g) any access (vehicular and or pedestrian) and any physical barriers to control access to the site, including those whose details have been approved under paragraph (1), must be regularly maintained and kept in full working order.

(6) The conditions imposed under paragraph (5) are capable of being the subject of any enforcement action under Part 7 of the 1990 Act and, without limitation, article 56(3) and (4) will apply to that site.

(7) The undertaker must as soon as reasonably practicable after the provision of the replacement site in accordance with paragraph (1) exercise article 20 (compulsory acquisition of land) as applied by article 31 (application of the 1981 Act) and 32 (modification of the 2017 Regulations) of this Order to directly vest in the relevant planning authority land which may be necessary for the maintenance and operation of the site provided under subparagraph (1).

(8) In this paragraph—

“ caravans” means caravans within the meaning of section 29(1)(a) of the Caravan Sites and Control of Development Act 1968( 158); and

“ Gammon Field travellers’ site” means the travellers’ site located at Long Lane, Grays, Thurrock, RM16 2QH.

Traffic monitoring

14.—(1) Before the tunnel area is open for traffic, the undertaker must submit written details of an operational traffic impact monitoring scheme substantially in accordance with the wider network impacts management and monitoring plan for approval by the Secretary of State following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the wider network impacts management and monitoring plan on matters related to their respective functions.

(2) The scheme under paragraph (1) must include—

(a) details of a before and after survey to establish the baseline traffic levels and the changes in traffic;

(b) the locations to be monitored;

(c) the methodology to be used to collect the required data;

(d) the periods over which operational traffic is to be monitored;

(e) the method of assessment of traffic data; and

(f) a programme for the provision of the collected data to the relevant local highway authorities

(3) The scheme approved under sub-paragraph (1) must be implemented by the undertaker unless otherwise agreed with the Secretary of State following consultation by the undertaker with the relevant local highway authority and where different, the relevant planning authority and other bodies identified in Table 2.1 of the wider network impacts management and monitoring plan on matters related to their respective functions.

(4) In this paragraph, “ wider network impacts management and monitoring plan” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State.

Interaction with Thurrock Flexible Generation Plant

15.—(1) The undertaker must not carry out Work No. TFGP1 unless the Thurrock Flexible Generation Plant Development Consent Order 2022 is commenced.

(2) In this paragraph—

“ commenced” has the meaning given by article 2(1) of the Thurrock Flexible Generation Plant Development Consent Order 2022( 159); and

“ Thurrock Power Ltd” means the limited company with the company number 10917470, whose registered office is at 1st Floor, 145 Kensington Church Street, London, England, W8 7LP.

Carbon and energy management plan

16.—(1) No part of the authorised development is to commence until a CEP (Second Iteration) for that part has been submitted to and approved in writing by the Secretary of State.

(2) The CEP (Second Iteration) prepared under sub-paragraph (1) must be substantially in accordance with the CEP (First Iteration) and must—

(a) include reasonable measures for the management and minimisation of carbon emissions during construction of the authorised development; and

(b) specify the measures to be taken in the event of any failure to meet a target set out in the CEP (First Iteration).

(3) The construction of the relevant part of the authorised development must be carried out in accordance with the CEP (Second Iteration) approved for that part under sub-paragraph (1).

(4) A CEP (Third Iteration) must be submitted to and approved in writing by the Secretary of State as soon as reasonably practicable at the end of the construction, commissioning and handover stage of any part of the authorised development, in accordance with the process set out in the CEP (First Iteration).

(5) The CEP (Third Iteration) prepared under sub-paragraph (4) must address the matters set out in the CEP (Second Iteration) that are relevant to the operation and maintenance of the authorised development and must contain the long-term commitments to manage and minimise carbon emissions during the operation and maintenance of the authorised development.

(6) The authorised development must be operated and maintained in accordance with a CEP (Third Iteration).

(7) In this paragraph—

“ CEP (First Iteration)” means the carbon and energy management plan listed in Schedule 16 (documents to be certified) and certified by the Secretary of State and which is the first iteration of the carbon and energy management plan;

“ CEP (Second Iteration)” means the second iteration of the carbon and energy management plan to be submitted and approved under paragraph 16(1) of this Schedule; and

“ CEP (Third Iteration)” means the third iteration of the carbon and energy plan which is a handover carbon and energy management plan.

Passive provision for Tilbury link road

17.—(1) The undertaker must undertake the detailed design of Works Nos. 5D, 5E and 5F in a manner that reasonably facilitates and accommodates a connection to the proposed Tilbury link road to the extent the route and design of proposed Tilbury link road is available prior to and up to the date of the submission of the final iteration of the detailed design of the tunnel area north of the river Thames to the design review panel pursuant to clause PRO.01 of the design principles.

(2) Works Nos. 5D, 5E and 5F must be designed in detail and constructed by the undertaker so as to reasonably accommodate a connection with the proposed Tilbury link road in compliance with DMRB in order to reasonably accommodate a connection with the proposed Tilbury link road.

(3) In this paragraph, “ the proposed Tilbury link road” means a proposal which includes a road connection or junction onto the A122 from Tilbury which is—

(a) reflected in a preferred route announcement by the Secretary of State;

(b) the subject of a request for a scoping opinion, or an equivalent request made pursuant to regulations made pursuant to Part 6 of the Levelling Up and Regeneration Act 2023( 160), submitted to Thurrock Council under regulation 15 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017( 161), or an application to the Secretary of State under regulation 10 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017( 162), whether the road forms the whole or part of the subject of the request for a scoping opinion (unless the Secretary of State directs the undertaker not to consider such a proposal as the proposed Tilbury link road);

(c) included in a local plan adopted by the relevant planning authority under regulation 26 of The Town and Country Planning (Local Planning) (England) Regulations 2012( 163); or

(d) in the absence of (a) to (c), such other proposal as is reasonably considered by the undertaker to constitute the likely route and function of that link road.

Operation of the Orsett Cock roundabout

18.—(1) No part of Work No. 7F is to commence until a scheme for the Orsett Cock roundabout has been submitted to and approved in writing by the Secretary of State, following consultation with the relevant highway authority, the Port of Tilbury London Limited DP World London Gateway, and Thames Enterprise Park.

(2) The scheme submitted under sub-paragraph (1) must—

(a) be based on, and informed by—

(i) appropriate pre-construction monitoring data following the consultation required by sub-paragraph (3); and

(ii) an assessment, which must include microsimulation modelling, of the likely traffic impacts on the Orsett Cock roundabout arising from the authorised development during the operation of the authorised development; and

(b) include details, and a programme for the implementation, of—

(i) the proposed design, and construction of improvements to the Orsett Cock roundabout; and

(ii) measures that are reasonably necessary to—

(aa) minimise delays for traffic arising as a result of the operation of the authorised development; and

(bb) ensure and optimise the performance of the Orsett Cock roundabout.

(3) The undertaker must consult the relevant highway authority on the methodology proposed for monitoring under sub-paragraph (2)(a)(i), and such consultation must include details of the proposed—

(a) locations to be monitored;

(b) time periods to be monitored; and

(c) method by which the monitoring data will be collected.

(4) The Orsett Cock roundabout must be included as a location for monitoring in the scheme submitted under paragraph 14 (traffic monitoring) of this Schedule.

(5) The authorised development must be carried out in accordance with the approved scheme referred to in sub-paragraph (1).

(6) In considering a scheme submitted for approval under sub-paragraph (1), the Secretary of State), in addition to other matters that the Secretary of State considers relevant, must take into account—

(a) any representations provided pursuant to paragraph 24(1)(d) (details of consultation) of this Schedule;

(b) any representations which the undertaker must have duly considered pursuant to paragraph 24(1)(c) of this Schedule but which are not reflected in the scheme submitted for approval; and

(c) whether the scheme submitted ensures and optimises the performance of the Orsett Cock roundabout.

(7) In this paragraph, “ ensure and optimise the performance” is to be construed to include improving reliable and efficient traffic journeys through the Orsett Cock roundabout having due regard to avoiding impacts on Orsett Village, journeys from the Port of Tilbury and London Gateway port to the strategic road network and the importance of the Orsett Cock roundabout for port operations.

Amendments to approved details

19.  With respect to any requirement which requires the authorised development to be carried out in accordance with the details, plans or schemes approved under this Schedule, the approved details, plans or schemes are taken to include any amendments that may subsequently be approved in writing by the Secretary of State, or in the case of any approval under paragraph 13 (travellers’ site in Thurrock), the local planning authority.

Amendments to the control documents

20.  No part of the authorised development may commence until the Undertaker has made the amendments to the control documents as set out in in Part 3 (amendments to be made to the control documents) of this Schedule.

PART 2 PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made to the Secretary of State under Part 1

21.—(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the Secretary of State;

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 23 (further information); or

(c) such longer period as may be agreed between the parties.

(2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification at the end of that period).

(3) Where—

(a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

(b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

(c) the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

the application is taken to have been refused by the Secretary of State at the end of that period.

Further information

22.—(1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

(2) In the event that the Secretary of State considers such further information to be necessary the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates.

(3) In the event that the Secretary of State does not give such notification within the 21 business day period referred to in sub-paragraph (2) the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(4) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 22 (applications made to the Secretary of State under Part 1) and in this paragraph.

Details of consultation

23.—(1) Where any paragraph in this Schedule requires the undertaker to consult with any person or body, the undertaker must—

(a) notify the person or body of the effect of paragraph 22(3) (applications made to the Secretary of State under Part 1) of this Schedule;

(b) subject to sub-paragraph (2), provide that person or body with not less than 28 days from the provision of any documents being consulted upon for any response to the consultation;

(c) give due consideration to any representations made by that person or body about the proposed application; and

(d) include with its application to the Secretary of State copies of any representations made by that person or body about the proposed application, and a written account of how any such representations have been taken into account in the submitted application.

(2) The undertaker may consent, such consent not to be unreasonably withheld, to an extension of period in sub-paragraph (1)(a) so that a person or body has not less than 42 days from provision of any documents being consulted upon to provide a response to the consultation following a request made by a person or body no later than 21 days from receipt of any documents being consulted upon.

(3) Where sub-paragraph (2) applies a person or body must provide a response to the consultation as soon as reasonably practicable.

Register of requirements

24.—(1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in an electronic form suitable for inspection by members of the public a register of those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

(2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

(3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Anticipatory steps towards compliance with any requirement

25.  If before the coming into force of this Order the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

PART 3 AMENDMENTS TO BE MADE TO THE CONTROL DOCUMENTS

Amendments to be made to the Code of Construction Practice and the REAC

26.—(1) The Code of Construction Practice (document ref: TR010032/App/6.3) is to be amended as follows.

(2) In paragraph 1.4.10, for “The Project is committed to avoiding, preventing, reducing or remediating for, as far as reasonably practicable, the adverse effects of the construction and operational activities of the Project on people, businesses and the natural and historic environment.”, substitute “The Project is committed to avoiding, preventing, reducing or remediating the adverse effects of the construction and operational activities of the Project on people, businesses and the natural and historic environment to the extent that is required by relevant law and policy and otherwise as far as reasonably practicable.”.

(3) Table 7.1 (REAC table) is to be amended as set out in table 1, where—

(a) column 1 sets out the rows to which and where in those rows the amendments are to be made;

(b) column 2 sets out how the amendments are to be made; and

(c) column 3 sets out the text to be substituted, inserted or omitted.

(4) At the appropriate places in Table 7.1, insert the following entries from table 2—

(5) After row 28 (REAC ref. no. TB020) of Table 2.1 in Annex C (Preliminary Works Environmental Management Plan), insert the text from table 3—

Amendments to be made to the Outline LEMP

27.  In the Outline Landscape and Ecology Management Plan (document ref. TR010032/App/6.7), in paragraph 4.1.14, after point (h), insert—

“(i) Agree the species and species group monitoring requirements, for non-licensable species impacts, as part of a holistic indicators of success approach to ensure that the compensatory habitats are effective at the ecosystem level and support the populations of species impacted by the proposal. ”.

28.—(1) Appendix 1 (LEMP Terms of Reference) of the Outline Landscape and Ecology Management Plan (document ref. TR010032/APP/6.7, version 3) is to be amended as follows.

(2) In paragraph 1.4.4, after point (i), insert—

“(h) Agree the species and species group monitoring requirements, for non-licensable species impacts, as part of a holistic indicators of success. ”.

(3) In paragraph 1.6.1, for “However, should conflicts arise these will be resolved by escalating within the primary organisations.”, substitute “However disputes arise these will be deferred to an independent expert agreed by all parties in line with DCO Article 64 (Arbitration).”.

Amendments to be made to the Design Principles Document

29.  The Design Principles Document (document ref. TR010032/APP/7.5, version 7) is to be amended as set out in table 4, where—

(a) column 1 sets out the documents to which and where in those documents the amendments are to be made;

(b) column 2 sets out how the amendments are to be made; and

(c) column 3 sets out the text to be substituted, inserted or omitted.

Amendments to be made to the Consents and Agreements Position Statement

30.  In the Consents and Agreements Position Statement (document ref. TR010032/APP/8.3, version 8), after paragraph 4.1.2(a), omit sub-paragraph (b) (Consent to carry out works in a site of Special Scientific interest).

Amendments to be made to the SACR

31.—(1) In the SACR (document ref. TR010032/APP/7.21, version 8) Table A.1 is to be amended as follows.

(2) In column 4 of row 13 (SACR ref. SACR-013), after “the undertaker must design and carry out Work No MU84 to”, omit “reasonably”.

(3) After row 33 (SACR ref. SACR-033)—

(a) insert the following entry from table 5; and

(b) following the conclusion of the process required by article 65 (financial arrangements for the Kent Downs National Landscape), insert in the place marked with square brackets the financial contribution, pursuant to paragraph (11) of that article.

Article 12

SCHEDULE 3 TEMPORARY CLOSURE, ALTERATION, DIVERSION AND RESTRICTION OF USE OF STREETS AND PRIVATE MEANS OF ACCESS

Article 14

SCHEDULE 4 PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS

PART 1 HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 2 HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS NOT TO BE PROVIDED

PART 3 OTHER STREETS OR PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

PART 4 OTHER STREETS OR PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS NOT TO BE PROVIDED

Article 15

SCHEDULE 5 CLASSIFICATION OF ROADS, ETC.

PART 1 SPECIAL ROADS

PART 2 TRUNK ROADS

PART 3 GLA ROADS

PART 4 CLASSIFIED ROADS

PART 5 UNCLASSIFIED ROADS

PART 6 OTHER PUBLIC RIGHTS OF WAY AND PERMISSIVE PATHS

Article 16

SCHEDULE 6 TRAFFIC REGULATION MEASURES

PART 1 SPEED LIMITS

Note 1: Where roads are to become subject to the national speed limit as indicated in the column headed “speed limit” in this Part of this Schedule and as shown on the plans relating to this Schedule (the traffic regulation measures plans), speed limits are to apply in accordance with the applicable speed limit for such roads in accordance with the provisions of the 1984 Act and which are indicated in parenthesis for information only and such speed limits are not effected by article 16 (clearways, speed limits and prohibitions) of this Order.

Note 2: Where existing speed limits (to be retained) are shown in this Part of this Schedule or on the traffic regulation measures plans which relate to it, this is for information only and such speed limits are not subject to this Order.

PART 2 CLEARWAYS AND OTHER RESTRICTIONS

PART 3 VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

Article 24

SCHEDULE 7 TREES SUBJECT TO TREE PRESERVATION ORDERS

Articles 28 and 35

SCHEDULE 8 LAND OF WHICH ONLY NEW RIGHTS ETC. MAY BE ACQUIRED

Article 28

SCHEDULE 9 MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS AND IMPOSITION OF RESTRICTIVE COVENANTS

Compensation enactments

1.  The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply in respect of compensation on the compulsory purchase of land and interests in land.

2.—(1) Without limitation on the scope of paragraph 1, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act, substitute—

“(5A)  If—

(a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 9 to the A122 (Lower Thames Crossing) Development Consent Order 2024);

(b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 9 to the A122 (Lower Thames Crossing) Development Consent Order 2024) to acquire an interest in the land; and

(c) the acquiring authority enters on and takes possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right. ”.

3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973( 164) has effect subject to the modifications set out in sub-paragraph (2).

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(a) for “land is acquired or taken from” substitute “a right or restrictive covenant over land is purchased from or imposed on”; and

(b) for “acquired or taken from him” substitute “over which the right is exercisable or the restrictive covenant enforceable”.

Application of Part 1 of the 1965 Act

4.  Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 30 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 25 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 28(1) (compulsory acquisition of rights and imposition of restrictive covenants)—

(a) with the modifications specified in paragraph 5; and

(b) with such other modifications as may be necessary.

5.—(1) The modifications referred to in paragraph 4(a) are as follows.

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.

(3) For section 7 (measure of compensation in case of severance) of the 1965 Act substitute—

“7.   In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act. ”.

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (refusal to convey, failure to make title, etc.);

(b) paragraph 10(3) of Schedule 1 (persons without power to sell their interests);

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

are modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11 (powers of entry)( 165) of the 1965 Act is modified so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to compulsory acquisition under article 25), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry)( 166), 11B (counter-notice requiring possession to be taken on specified date)( 167), 12 (unauthorised entry)( 168) and 13 (refusal to give possession to acquiring authority)( 169) of the 1965 Act are modified correspondingly.

(6) Section 20 (tenants at will, etc.)( 170) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 30(4) (modification of Part 1 of the 1965 Act) is also modified so as to enable the acquiring authority in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A of the 1965 Act substitute—

“SCHEDULE  2A COUNTER-NOTICE REQUIRING PURCHASE OF LAND NOT IN NOTICE TO TREAT

Introduction

1.— (1)  This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 31 (application of the 1981 Act) of the A122 (Lower Thames Crossing) Development Consent Order 2025 in respect of the land to which the notice to treat relates.

(2)  But see article 33(4) (acquisition of subsoil or airspace only) of the A122 (Lower Thames Crossing) Development Consent Order 2025 which excludes the acquisition of subsoil or airspace only from this Schedule.

2.   In this Schedule, “ house ” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land

3.   A person who is able to sell the house, building or factory (“ the owner ”) may serve a counter-notice requiring the acquiring authority to purchase the owner’s interest in the house, building or factory.

4.   A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice

5.   On receiving a counter-notice, the acquiring authority must decide whether to—

(a) withdraw the notice to treat,

(b) accept the counter-notice, or

(c) refer the counter-notice to the Upper Tribunal.

6.   The acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7.   If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period.

8.   If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period.

9.   If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.

Determination by Upper Tribunal

10.   On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would—

(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11.   In making its determination, the Upper Tribunal must take into account—

(a) the effect of the acquisition of the right or the imposition of the covenant,

(b) the proposed use of the right or the imposition of the covenant, and

(c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12.   If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take.

13.   If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.

14.— (1)  If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2)  If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3)  Any dispute as to the compensation is to be determined by the Upper Tribunal. ”.

Application of the 2017 Regulations

6.  References to land in the Schedule to the 2017 Regulations are, in the appropriate contexts, to be read (according to the requirements of the context) as referring to, or as including references to—

(a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed (including for the benefit of a statutory undertaker); or

(b) the land over which the right is to be exercisable, or the restrictive covenant is or is to be enforceable.

Articles 33, 35 and 36

SCHEDULE 10 LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS IN AND ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED

In this Schedule, “ the level of the surface of the land” means—

(a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;

(b) in the case of a river (except in the case of the river Thames as provided in sub-paragraph (c)), dock, canal, navigation, watercourse or other water area, the level of the surface of the ground covered by water;

(c) in the case of the river Thames comprised in plots 15-10, 15-11, 15-12, 16-42 and 16-43, the level of Ordnance Datum Newlyn; or

(d) in any other case, ground surface level,

at the time of this Order coming into force.

Article 35

SCHEDULE 11 LAND OF WHICH TEMPORARY POSSESSION MAY BE TAKEN

Article 45

SCHEDULE 12 ROAD USER CHARGING PROVISIONS FOR USE OF THE LOWER THAMES CROSSING

Interpretation

1.—(1) In this Schedule—

“ the 2013 Order” means the A282 Trunk Road (Dartford-Thurrock Crossing Charging Scheme) Order 2013( 171) as may be amended from time to time;

“ custodian” means a person authorised in writing by the Secretary of State to keep in storage motor vehicles which are removed under this Schedule;

“ Dartford-Thurrock Crossing” means the road which is a length of the A282 trunk road starting at a point below the north face of the bridge carrying Crossways Boulevard University Way (A206) over the trunk road at junction 1A at Dartford, in the County of Kent, and extending northwards to a point approximately 300 metres north of where it crosses London Road at West Thurrock, in the County of Essex and carried through twin tunnels beneath the River Thames and on the Queen Elizabeth II bridge over the River Thames;

“ Enforcement Regulations” means the Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013( 172) as may be amended from time to time;

“ local resident” means a person who permanently resides in the borough of Gravesham or Thurrock;

“ motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads; and

“ replacement Dartford-Thurrock Charging Order” means where the 2013 Order has been revoked, any order made under Part 3 of the 2000 Act or the provisions of any other enactment that provides for the imposition of road user charging in relation to the Dartford-Thurrock Crossing as may be amended from time to time.

(2) References to the 2013 Order, a replacement Dartford-Thurrock Charging Order and the Enforcement Regulations are, for the purposes of this Schedule, to be construed as a reference to those provisions as amended, substituted or replaced, and with such modifications as are required in those circumstances.

Application of the Enforcement Regulations

2.  The Enforcement Regulations apply to this Schedule as though it were a charging scheme for the purposes of those regulations.

Imposition of charges for the tunnel area

3.—(1) From the day the tunnel area is open for traffic, the Secretary of State may charge each single use of the tunnel area by a motor vehicle the amount specified in sub-paragraph (2).

(2) Subject to sub-paragraph (3), the charge payable to the Secretary of State under sub-paragraph (1) will be—

(a) subject to article 4(5) of the 2013 Order, the amount in column 4 of Schedule 2 to the 2013 Order in respect of the classes of motor vehicle specified in column 2 of Schedule 2 to that Order; or

(b) the amount caused to be charged if that motor vehicle uses the Dartford-Thurrock Crossing under any replacement Dartford-Thurrock Charging Order.

(3) For the purposes of assessing the amount payable under sub-paragraph (2), any agreements relating to advanced payments or discounts in respect of the use of the Dartford Thurrock Crossing are to be disregarded.

(4) Subject to sub-paragraph (5), a vehicle is exempt from the road user charge under paragraph (1) where that motor vehicle falls—

(a) within the definitions in paragraph 1 of Schedule 3 to the 2013 Order; or

(b) within an exemption in any replacement Dartford-Thurrock Charging Order.

(5) For the purposes of sub-paragraph (4), a reference in paragraph 1(6) of Schedule 3 to the 2013 Order or any exemption in any replacement Dartford-Thurrock Charging Order to the Dartford-Thurrock Crossing is to be construed as reference to the tunnel area.

Payment of charges

4.—(1) A road user charge imposed by paragraph 3(1) must be paid in accordance with the provisions of this paragraph.

(2) A road user charge must be paid in respect of a particular motor vehicle and for a single crossing.

(3) A motor vehicle referred to in sub-paragraph (2) must be identified by its registration mark, and the payer of the charge must specify the registration mark of the motor vehicle in respect of which that charge is paid.

(4) A road user charge imposed under paragraph 3(1) must be paid by such means as the Secretary of State may specify on its website or the equivalent electronic publication as being acceptable.

Payments for local residents

5.—(1) If a road user charge is imposed under paragraph 3(1), the Secretary of State may enter into an agreement with a local resident (a “local resident’s agreement”) under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used or kept on the tunnel area may be paid.

(2) A local resident’s agreement—

(a) may relate to such use or keeping on such number of occasions, or during such period, as may be provided by it; and

(b) must provide for a reduction in the road user charge payable under paragraph 3(1) in accordance with sub-paragraph (3).

(3) The reduction referred to in sub-paragraph (2)(b) must reflect the reduction provided to the residents of the borough of Dartford and Thurrock in any agreements relating to payments or discounts in relation to the Dartford-Thurrock Crossing by virtue of the 2013 Order or any replacement Dartford-Thurrock Charging Order.

(4) A local resident’s agreement offered by the Secretary of State under sub-paragraph (1) must be offered on the same terms to all local residents seeking to enter into such an agreement.

Other payments

6.—(1) If a road user charge is imposed under paragraph 3(1), the Secretary of State may enter into an agreement with persons (a “payment agreement”) under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used or kept on the tunnel area may be paid.

(2) An agreement under sub-paragraph (1)—

(a) may relate to such use or keeping on such number of occasions, or during such period, as may be provided by it; and

(b) may provide for a reduction in charge the payable under paragraph 3(1) in accordance with sub-paragraph (3).

(3) The reduction referred to in sub-paragraph (2)(b) must reflect the reduction provided in any agreements relating to payments or discounts in relation to the Dartford-Thurrock Crossing by virtue of the 2013 Order or any replacement Dartford-Thurrock Charging Order.

(4) A payment agreement offered by the Secretary of State under sub-paragraph (1) must be offered on the same terms to all persons seeking to enter into such an agreement.

Penalty charge for non-payment of road user charge

7.—(1) A penalty charge will be payable where—

(a) a relevant motor vehicle has been used on the tunnel area in circumstances in which a road user charge is imposed by paragraph 3(1);

(b) that charge has not been paid in full in the manner in which and within the time by which it is required to be paid by paragraph 3.

(2) A penalty charge payable by virtue of sub-paragraph (1) must be paid within the period (“ the payment period”) of 28 days beginning with the date on which a penalty charge notice is served under regulation 7 of the Enforcement Regulations and in a manner specified in the penalty charge notice.

(3) The amount of a penalty charge payable in accordance with sub-paragraph (1) is the penalty charge for non-payment of a road user charge specified in Part 1 of Schedule 4 to the 2013 Order or any provision of any replacement Dartford Thurrock Crossing Charging Order but, if the penalty charge is paid before the end of the fourteenth day of the payment period, the amount will be reduced by one half.

(4) Where a charge certificate is issued in accordance with regulation 17(1) of the Enforcement Regulations, the amount of the penalty charge to which it relates will be increased by one half.

(5) The road user charge under paragraph 3(1) will be payable in addition to the charge under sub-paragraph (1) where the 2013 Order or any replacement Dartford-Thurrock Charging Order requires any penalty charge to be payable in addition to a road user charge for use of the Dartford Thurrock Crossing.

Exercise of powers

8.—(1) The Secretary of State may authorise in writing a person to exercise any one or more of the powers in paragraphs 9 to 13 of this Schedule.

(2) Any person authorised by the Secretary of State in accordance with sub-paragraph (1) is an authorised person within the meaning of regulation 21 of the Enforcement Regulations.

Examination of motor vehicles

9.  The Secretary of State or a person authorised by the Secretary of State may examine a motor vehicle whilst it is on a road to ascertain if any of the circumstances described in regulation 22 of the Enforcement Regulations exists.

Entering motor vehicles

10.  The Secretary of State or a person authorised by the Secretary of State may enter a motor vehicle whilst it is on a road where they have reasonable grounds for suspecting that any of the circumstances described in regulation 23(1) of the Enforcement Regulations exists.

Seizure

11.  The Secretary of State or a person authorised by the Secretary of State may seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the failure to pay a charge under paragraph 3(1).

Immobilisation of motor vehicles

12.—(1) Provided that—

(a) none of the circumstances in paragraph (2) of Regulation 25 of the Enforcement Regulations apply; and

(b) the conditions in paragraph (3) of that Regulation apply,

the Secretary of State or a person authorised by the Secretary of State may immobilise a motor vehicle in accordance with paragraphs (4) and (5) of that Regulation.

(2) A motor vehicle to which an immobilisation device has been fixed in accordance with the provisions of this paragraph—

(a) may be released only by or under the direction of the Secretary of State or a person authorised by the Secretary of State; and

(b) subject to paragraph (a), will be released—

(i) if all outstanding charges under paragraph 7 are paid; and

(ii) if a penalty charge of the amount specified for the release of an immobilised motor vehicle under article 9(1)(a) of the 2013 Order or any equivalent provision of any replacement Dartford-Thurrock Crossing Charging Order is so paid.

Removal, storage and disposal of motor vehicles

13.—(1) Provided Regulation 27(1)(a) or (b) of the Enforcement Regulations is satisfied, the Secretary of State or a person authorised by the Secretary of State may remove a motor vehicle and deliver it to a custodian for storage.

(2) The custodian may dispose of the motor vehicle and its contents in the circumstances described in, and subject to the provisions of, Regulation 28 of the Enforcement Regulations.

(3) Where a motor vehicle has been removed and delivered into the custody of a custodian in accordance with paragraph (1) the custodian may (whether or not any claim is made under Regulation 30 or 31 of the Enforcement Regulations) recover from the person who was the keeper of the motor vehicle when the motor vehicle was removed—

(a) all outstanding charges under paragraph 3(1);

(b) all penalty charges that are outstanding in relation to the motor vehicle;

(c) a penalty charge of the amount specified for the return of a motor vehicle under article 9(1)(b) of the 2013 Order or any equivalent provision of any replacement Dartford-Thurrock Charging Order;

(d) a penalty charge of the amount specified for storage of a motor vehicle for each complete day or part of a day on which it has been held by the custodian under article 9(1)(c) of the 2013 Order or any equivalent provision of any replacement Dartford-Thurrock Charging Order; and

(e) if the motor vehicle has been disposed of, a penalty charge of the amount specified for the disposal of a vehicle under article 9(1)(d) of the 2013 Order or any equivalent provision of any replacement Dartford-Thurrock Crossing Charging Order.

Article 51

SCHEDULE 13 LOWER THAMES CROSSING BYELAWS

PART 1 PRELIMINARY

Citation

1.  These byelaws may be cited as the Lower Thames Crossing Byelaws 2025 and are deemed to have been made by the undertaker under article 51(1) (byelaws relating to the tunnel area) of the A122 (Lower Thames Crossing) Development Consent Order 2025 and confirmed by the Secretary of State as provided for by article 51(2) of that Order.

Interpretation

2.—(1) In these byelaws unless the context otherwise requires—

“ authorised person” means–

“ the byelaws” means these byelaws;

“ motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“ notice” includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;

“ tobacco product” has the same meaning as given in section 1 of the Tobacco Products Duty Act 1979( 173) and includes a vaporiser;

“ traffic officer” means an individual designated under section 2 (designation of traffic officers) of the 2004 Act;

“ trailer” means a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

“ the tunnel approaches” means the southern and northern approaches to the tunnel between the barrier gantry and the portal shown on the tunnel area plan;

“ the tunnel area” means the extent of the public highway to be comprised in and along the tunnel and the tunnel approaches and shown on the tunnel area plan;

“ the tunnel area plan” means the plan of that description listed in Schedule 16 (documents to be certified) certified by the Secretary of State as the tunnel area plan for the purposes of the A122 (Lower Thames Crossing) Development Consent Order 2025;

“ tunnel equipment” includes plant and machinery, and any emergency, safety or communications equipment;

“ tunnel infrastructure” means the structure (including the carriageway) of the tunnel area;

“ tunnel” means the tunnel under the River Thames connecting Gravesend to Thurrock constructed under the A122 (Lower Thames Crossing) Development Consent Order 2025 and shown as the tunnel on the tunnel area plan;

“ the undertaker” means National Highways Limited (Company No. 09346363) of Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ; and

“ vaporiser” means an electronic device that can be used to deliver nicotine or other substances to a person inhaling from the device.

(2) The Interpretation Act 1978( 174) applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

PART 2 RESTRICTIONS IN THE TUNNEL AREA

General safety

3.—(1) A person must not operate, obstruct, interfere with or stop any tunnel equipment except—

(a) by means of any of the controls intended for use by that person; or

(b) in an emergency and by means of equipment on or near which is a notice indicating that it is to be used in an emergency.

(2) A person must not place, throw, drop or trail anything which is capable of injuring or endangering any person or damaging any property in the tunnel area.

(3) A person must not—

(a) allow or cause to be allowed a motor vehicle to stop or to remain at rest in any part of the tunnel area unless directed to do so by an authorised person;

(b) obstruct or in any way interfere with the tunnel area;

(c) without reasonable cause, activate, use or interfere with any emergency, safety or communications equipment within the tunnel area.

Traffic regulation

4.—(1) A person must not enter the tunnel area on foot without authorisation.

(2) A person must not use or cause to be used within the tunnel area—

(a) a pedal cycle (whether electric or not), tricycle, barrow, cart, buggy, pedicab, rickshaw, vehicle used as a personal transporter, or human or animal drawn means of conveyance except if it is conveyed as the load or part of the load of a motor vehicle;

(b) a motor vehicle with a load unless the load carried by the motor vehicle is at all times contained or secured (if necessary by physical restraint other than its own weight) and is in such a position that neither danger nor nuisance is caused or is likely to be caused to a person or property by reason of the load or any part of the load falling or being thrown from the motor vehicle;

(c) a motor vehicle which—

(i) has insufficient fuel or power for the journey to be completed in the tunnel area without the need for additional fuel or power; or

(ii) by reason of its condition is likely to break down or is in such condition as is likely to injure persons or damage property.

(3) A person must not—

(a) take into the tunnel area an animal unless the animal is enclosed in a motor vehicle or trailer; or

(b) release any animal from a motor vehicle or trailer in the tunnel area.

(4) A person must not abandon a motor vehicle in the tunnel area except in an emergency as directed by an authorised person.

(5) A driver of a motor vehicle must not drive in the tunnel area at a speed of less than ten miles per hour except where the driver is prevented from driving at or above ten miles per hour on account of the traffic flow.

Breakdowns and falling loads

5.—(1) No driver of or passenger in a motor vehicle which has broken down may carry out repairs to or refuel a motor vehicle in the tunnel area without the permission of an authorised person.

(2) A driver of a motor vehicle which has broken down in the tunnel area must—

(a) immediately notify an authorised person of the breakdown; and

(b) switch on the motor vehicle’s hazard lights.

(3) A driver of a motor vehicle which has shed its load in full or in part in the tunnel area such that it has caused, or may cause, an obstruction or other hazard to users of the tunnel area must—

(a) not attempt to reclaim the load;

(b) immediately inform an authorised person of the loss of the load and of its approximate location; and

(c) immediately inform an authorised person of the identity of, and contact details for, the owner of the load.

Restrictions on conduct in the tunnel area

6.—(1) A driver of a motor vehicle must not sleep within the tunnel area.

(2) A person must not—

(a) enter, attempt to enter or remain in any part of the tunnel area where there is a notice prohibiting or restricting access;

(b) climb upon, remove or damage (whether deliberately or negligently) any tunnel infrastructure or tunnel equipment;

(c) remove, move or otherwise interfere with the tunnel or any machinery, apparatus, tools or other things in use or intended for use in connection with the tunnel or the tunnel approaches;

(d) post a bill, placard or notice on any tunnel infrastructure or tunnel equipment;

(e) write, print, draw or paint on or cut, mark or stamp any tunnel infrastructure or tunnel equipment;

(f) fix anything to any tunnel equipment or tunnel infrastructure;

(g) spit, urinate or defecate in the tunnel area;

(h) leave litter or waste in the tunnel area;

(i) move, alter, deface or otherwise interfere with any notice belonging to the undertaker which is exhibited or placed in the tunnel area;

(j) loiter in the tunnel area if asked to leave by an authorised person;

(k) obstruct an authorised person acting in the course of their duties;

(l) smoke or suck a tobacco product or carry a tobacco product or any other item that is alight in the tunnel area;

(m) operate a music or sound system at such volume as to cause nuisance to users of the tunnel area;

(n) unnecessarily, inappropriately or excessively use a car horn, klaxon or lights (including car lamps) in the tunnel area; or

(o) without prejudice to any other requirement of these byelaws, act in any way as to cause a nuisance in the tunnel area.

PART 3 ENFORCEMENT

Compliance with instructions, etc.

7.—(1) A person reasonably suspected by an authorised person of breaching or attempting to breach a byelaw must immediately give that person’s name and address when requested to do so by an authorised person.

(2) The authorised person requesting details under byelaw (1) must state the nature of the suspected breach of the byelaw in general terms at the time of the request.

(3) A person in the tunnel area must carry out the reasonable instructions of an authorised person or the requirements of a notice displayed by the undertaker.

(4) A person acting in compliance with the instructions of an authorised person does not commit a breach of the byelaw which otherwise prohibits the act.

(5) A person is not subject to a penalty for breach of a byelaw by disobeying a notice unless it is proved to the satisfaction of the Court before which the complaint is laid that the notice referred to in the particular byelaw was displayed.

Identification of authorised persons

8.  An authorised person who is exercising any power conferred on an authorised person by any of the byelaws must produce a form of identification which includes the name of the authorised person’s employer and a means of identifying the authorised person, when requested to do so.

Breaches by authorised persons

9.  An authorised person acting in the course of the authorised person’s duties is not liable for a breach of a byelaw.

Attempted breach

10.—(1) A person who attempts to breach a byelaw is liable to the same penalty as a person who breaches a byelaw.

(2) An authorised person may prevent the driver of a motor vehicle from gaining access to the tunnel area if the appointed person has reasonable cause to believe the driver of the motor vehicle is contravening, or will contravene if allowed to proceed, any of the byelaws.

Articles 37 and 59

SCHEDULE 14 PROTECTIVE PROVISIONS

PART 1 FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

Application

1.  For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

Interpretation

2.  In this Part of this Schedule—

“ alternative apparatus” means alternative apparatus adequate to enable the utility undertaker in question to fulfil its statutory functions in a manner no less efficient than previously;

“ apparatus” means—

and includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“ functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land;

“ plan” includes all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe the works to be executed;

“ utility undertaker” means—

for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

On street apparatus

3.  This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the utility undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus in stopped up streets

4.—(1) Where any street is stopped up under article 14 (permanent stopping up of streets and private means of access), any utility undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the utility undertaker legal easements reasonably satisfactory to the utility undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of the undertaker or of the utility undertaker to require the removal of that apparatus under paragraph 7 or the power of the undertaker to carry out works under paragraph 9.

(2) Regardless of the temporary closure, alteration, diversion and restriction of use of any highway under the powers conferred by article 12 (temporary closure, alteration, diversion and restriction of use of streets), a utility undertaker is at liberty at all times to take all necessary access across any such stopped up highway and to execute and do all such works and things in, upon or under any such highway as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up or diversion was in that highway.

Protective works to buildings

5.  The undertaker, in the case of the powers conferred by article 20 (protective work to land and buildings), must exercise those powers so as not to obstruct or render less convenient the access to any apparatus.

Acquisition of land

6.  Regardless of any provision in this Order or anything shown on the land plans, the undertaker must not acquire any apparatus otherwise than by agreement.

Removal of apparatus

7.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in any land in which any apparatus is placed or requires that the utility undertaker’s apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a utility undertaker to maintain that apparatus in that land must not be extinguished, until alternative apparatus has been constructed and is in operation to the reasonable satisfaction of the utility undertaker in question in accordance with sub-paragraphs (2) to (6).

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, the undertaker must give to the utility undertaker in question 28 days’ written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a utility undertaker reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to the utility undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of the undertaker and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed the utility undertaker must, on receipt of a written notice to that effect from the undertaker, as soon as reasonably possible use its best endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) Any alternative apparatus to be constructed in land of the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the utility undertaker in question and the undertaker or in default of agreement settled by arbitration in accordance with article 64 (arbitration).

(5) The utility undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 64, and after the grant to the utility undertaker of any such facilities and rights as are referred to in sub-paragraphs (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

(6) Regardless of anything in sub-paragraph (5), if the undertaker gives notice in writing to the utility undertaker in question that the undertaker desires itself to execute any work, or part of any work in connection with the construction or removal of apparatus in any land of the undertaker, that work, instead of being executed by the utility undertaker, must be executed by the undertaker without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the utility undertaker.

(7) If the utility undertaker in question fails either reasonably to approve, or to provide reasons for its failure to approve along with an indication of what would be required to make acceptable, any proposed details relating to required removal works under sub-paragraph (2) within 28 days of receiving a notice of the required works from the undertaker, then such details are deemed to have been approved.

(8) For the avoidance of doubt, any such “deemed consent” under sub-paragraph (7) does not extend to the actual undertaking of the removal works, which remains the sole responsibility of the utility undertaker or its contractors.

(9) No part of this paragraph, or this Schedule, apply to the disused pipeline (comprised in Works Nos. G8 and G9) in plots 37-05, 38-04, 38-06, 38-07, 38-08, 38-11, 38-22, 38-26, 38-27, 38-31, 38-32, 38-36, 38-39, 38-41, 38-42, 38-43, 38-47, 38-64, 39-03, 39-07, 39-10, 39-23, 39-24, 39-47, 39-60, 39-62, 39-67, 39-68, 39-77, 39-78, 39-79, 40-09, 40-20, 40-21, 40-22 and 40-23 as shown in the land plans unless otherwise agreed with the City of London Corporation.

Facilities and rights for alternative apparatus

8.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to a utility undertaker facilities and rights for the construction and maintenance in land of the undertaker of alternative apparatus in substitution for apparatus to be removed, those facilities and rights are to be granted upon such terms and conditions as may be agreed between the undertaker and the utility undertaker in question or in default of agreement settled by arbitration in accordance with article 64 (arbitration).

(2) If the facilities and rights to be afforded by the undertaker in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the utility undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by the undertaker to that utility undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus

9.—(1) Not less than 28 days before starting the execution of any works in, on or under any land purchased, held, appropriated or used under this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by the undertaker under paragraph 7(2) (removal of apparatus), the undertaker must submit to the utility undertaker in question a plan of the works to be executed.

(2) Those works must be executed only in accordance with the plan submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the utility undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the utility undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a utility undertaker under sub-paragraph (2) must be made within a period of 21 days beginning with the date on which a plan under sub-paragraph (1) is submitted to it.

(4) If a utility undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 1 to 3 and 6 to 8 apply as if the removal of the apparatus had been required by the undertaker under paragraph 7(2).

(5) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(6) The undertaker is not required to comply with sub-paragraph (1) in a case of emergency but in that case must give to the utility undertaker in question notice as soon as is reasonably practicable and a plan of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (3) in so far as is reasonably practicable in the circumstances.

Expenses and costs

10.—(1) Subject to the following provisions of this paragraph, the undertaker must repay to a utility undertaker all expenses reasonably incurred by that utility undertaker in, or in connection with, the inspection, removal, alteration or protection of any apparatus or the construction of any new apparatus which may be required in consequence of the execution of any such works as are referred to in paragraph 7(2) (removal of apparatus).

(2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with article 64 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the utility undertaker in question by virtue of sub-paragraph (1) must be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to a utility undertaker in respect of works by virtue of sub-paragraph (1), if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, is to be reduced by the amount which represents that benefit.

11.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works referred to in paragraphs 5 (protective work to buildings) or 7(2) (removal of apparatus), or by reason of any subsidence resulting from such development or works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a utility undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any utility undertaker, the undertaker must—

(a) bear and pay the cost reasonably incurred by that utility undertaker in making good such damage or restoring the supply; and

(b) make reasonable compensation to that utility undertaker for any other expenses, loss, damages, penalty or costs incurred by the undertaker,

by reason or in consequence of any such damage or interruption.

(2) The fact that any act or thing may have been done by a utility undertaker on behalf of the undertaker or in accordance with a plan approved by a utility undertaker or in accordance with any requirement of a utility undertaker or under its supervision does not, subject to sub-paragraph (3), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless the utility undertaker fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of a utility undertaker, its officers, servants, contractors or agents.

(4) A utility undertaker must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

Co-operation

12.  Where in consequence of the proposed construction of any part of the authorised development, the undertaker or a utility undertaker requires the removal of apparatus under paragraph 7(2) (removal of apparatus) or a utility undertaker makes requirements for the protection or alteration of apparatus under paragraph 9 (retained apparatus), the undertaker must use best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the utility undertaker’s undertaking and each utility undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

13.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and a utility undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 2 FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

Application

14.  For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between the undertaker and the operator.

Interpretation

15.  In this Part of this Schedule—

“ the 2003 Act” means the Communications Act 2003( 180);

“ electronic communications apparatus” has the same meaning as in the electronic communications code;

“ the electronic communications code” has the same meaning as in section 106 (application of the electronic communications code)( 181) of the 2003 Act;

“ electronic communications code network” means—

“ electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act;

“ infrastructure system” has the same meaning as in the electronic communications code and references to providing an infrastructure system are to be construed in accordance with paragraph 7(2) (infrastructure system) of that code; and

“ operator” means the operator of an electronic communications code network.

16.  The exercise of the powers conferred by article 37 (statutory undertakers) is subject to Part 10 (undertaker’s works affecting electronic communications apparatus) of the electronic communications code.

17.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works—

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

(b) there is any interruption in the supply of the service provided by an operator,

the undertaker must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other reasonable expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

(2) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or interruption to the extent that it is attributable to the act, neglect or default of an operator, its officers, servants, contractors or agents.

(3) The operator must give the undertaker reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of the undertaker who, if withholding such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between the undertaker and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 64 (arbitration).

(5) This Part of this Schedule does not apply to—

(a) any apparatus in respect of which the relations between the undertaker and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

(b) any damages, or any interruptions, caused by electro-magnetic interference arising from the construction or use of the authorised development.

(6) Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and an operator in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

PART 3 FOR THE PROTECTION OF DRAINAGE AUTHORITIES

Application

18.  The provisions of this Part have effect for the protection of the drainage authority unless otherwise agreed in writing between the undertaker and the drainage authority.

Interpretation

19.  In this Part of this Schedule—

“ construction” includes execution, placing, altering, replacing, relaying and removal; and “ construct” and “ constructed” must be construed accordingly;

“ drainage authority” means in relation to an ordinary watercourse, the drainage board concerned within the meaning of section 23 (prohibition on obstructions etc. in watercourses)( 182) of the Land Drainage Act 1991;

“ drainage work” means any ordinary watercourse and includes any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage or flood defence in connection with an ordinary watercourse which is the responsibility of the drainage authority;

“ ordinary watercourse” has the meaning given by section 72 (interpretation) of the Land Drainage Act 1991;

“ plans” includes any information reasonably required by the drainage authority including location details, grid references, sections, drawings, specifications, assessments and method statements; and

“ specified work” means any of the following works carried out in relation to any ordinary watercourse—

Approval of plans

20.—(1) Before commencing construction of a specified work, the undertaker must submit to the drainage authority plans of the specified work and such further particulars available to it as the drainage authority may within 14 days of the submission of the plans reasonably request.

(2) The undertaker must not commence construction of the specified work until approval, unconditionally or conditionally, has been given as provided in this paragraph.

(3) A specified work must not be constructed except in accordance with such plans as may be approved in writing by the drainage authority or determined under paragraph 28 (disputes).

(4) Any approval of the drainage authority required under this paragraph—

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been given if it is neither given nor refused within 28 days of the submission of the plans for approval, or submission of further particulars (where required by the drainage authority under sub-paragraph (1)) whichever is the later; and

(c) may be given subject to such reasonable requirements as the drainage authority may make for the protection of any drainage work, ordinary watercourse or for the prevention of flooding.

(5) Any refusal under this paragraph must be accompanied by a statement of the reasons for refusal.

21.  Without limiting paragraph 20 (approval of plans), the requirements which the drainage authority may make under that paragraph include conditions requiring the undertaker at its own expense to construct such protective works, whether temporary or permanent, during the construction of the specified work (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage by reason of any specified work; or

(b) to secure that the efficiency of any drainage work for flood defence and land drainage purposes is not impaired, and that the risk of flooding is not otherwise increased, by reason of any specified work.

Specified and protective works

22.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the drainage authority under paragraph 21, must be constructed—

(a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under this Part of this Schedule; and

(b) to the reasonable satisfaction of the drainage authority, and an officer of the drainage authority is entitled to watch and inspect the construction of such works at all reasonable times and on reasonable notice.

(2) The undertaker must give to the drainage authority—

(a) not less than 14 days’ notice in writing of its intention to commence construction of any specified work; and

(b) notice in writing of its completion not later than 7 days after the date of completion.

(3) If the drainage authority reasonably requires, the undertaker must construct all or part of the protective works so that they are in place before the construction of the specified work to which the protective works relate.

(4) If any part of a specified work or any protective work required by the drainage authority is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the drainage authority may by notice in writing require the undertaker at the undertaker’s expense to comply with the requirements of this Part of this Schedule or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is agreed, to restore the site to its former condition to such extent and within such limits as the drainage authority reasonably requires.

(5) Subject to sub-paragraph (6), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (4) is served on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the drainage authority may execute the works specified in the notice and any reasonable expenditure incurred by it in so doing is recoverable from the undertaker.

(6) In the event of any dispute as to whether sub-paragraph (4) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the drainage authority must not except in an emergency exercise the powers conferred by sub-paragraph (5) until the dispute has been finally determined in accordance with paragraph 28 (disputes).

Maintenance of drainage works

23.—(1) Subject to sub-paragraph (5), the undertaker must from the commencement of the construction of the specified work until the date falling 12 months from the date of completion of the specified work maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation on land held by the undertaker for the purpose of or in connection with the specified work, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the drainage authority, the drainage authority may by notice in writing require the undertaker to repair and restore the work, or any part of the work, or (if the undertaker so elects and the drainage authority in writing consents, such consent not to be unreasonably withheld or delayed) to remove the specified work and restore the site to its former condition, to such extent and within such limits as the drainage authority reasonably requires.

(3) Subject to sub-paragraph (4) and paragraphs 25 and 26 if, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the reasonable requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the drainage authority may do what is reasonably necessary for such compliance and may recover any reasonable expenditure reasonably incurred by it in so doing from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the drainage authority must not except in a case of emergency exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 28 (disputes).

(5) This paragraph does not apply to—

(a) drainage works which are vested in the drainage authority, or which the drainage authority or another person is liable to maintain and is not prevented by this Order from so doing; and

(b) any obstruction of a drainage work for the purpose of a work or operation authorised by this Order and carried out in accordance with the provisions of this Part of this Schedule provided that any obstruction is removed as soon as reasonably practicable.

Expenses and indemnity

24.  Subject to paragraphs 25 and 26 and sub-paragraph 23(5)(b) (maintenance of drainage works), if, by reason of the construction of a specified work or of the failure of any such work the efficiency of any drainage work for flood defence purposes or land drainage is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker as soon as reasonably practicable to the reasonable satisfaction of the drainage authority and, if the undertaker fails to do so, the drainage authority may make good the impairment or damage and recover from the undertaker the expense reasonably incurred by it in doing so.

25.  The undertaker must make reasonable compensation for costs, charges and expenses which the drainage authority may reasonably incur in—

(a) the examination or approval of plans under this Part of this Schedule; and

(b) inspecting the construction of the specified work or any protective works required by the drainage authority under this Part of this Schedule; and

(c) subject at all times to receiving the prior written approval of the undertaker, in carrying out any surveys or tests by the drainage authority which are reasonably required in connection with the construction of the specified work.

26.—(1) Without limiting the other provisions of this Part, the undertaker must make reasonable compensation to the drainage authority from all claims, demands, proceedings, costs, damages, expenses or loss, which may be made or taken against, recovered from, or incurred by, the drainage authority by reason of—

(a) any damage to any drainage work;

(b) any raising or lowering of the water table in land adjoining the authorised project or any sewers, drains and watercourses; or

(c) any flooding or increased flooding of any such lands,

caused by the construction of any specified work or any act or omission of the undertaker, its contractors, agents or employees whilst engaged on the specified work.

(2) The drainage authority must give to the undertaker reasonable notice of any such claim or demand, and no settlement or compromise may be made without the agreement of the undertaker which agreement must not be unreasonably withheld or delayed.

(3) The fact that any act or thing may have been done by the drainage authority on behalf of the undertaker or in accordance with a plan approved or deemed to have been approved by the drainage authority or in accordance with any requirement of the drainage authority or under its supervision does not, subject to sub-paragraph (4), excuse the undertaker from liability under the provisions of sub-paragraph (1) unless the drainage authority fails to carry out and execute the works properly with due care and attention and in a skilful and professional like manner or in a manner that does not accord with the approved plan.

(4) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage or loss to the extent that it is attributable to the act, neglect or default of the drainage authority, its officers, servants, contractors or agents.

27.  The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved or deemed to be approved by the drainage authority or to its satisfaction does not (in the absence of negligence on the part of the drainage authority, its officers, contractors or agents), relieve the undertaker from any liability under this Part.

Disputes

28.  Any dispute arising between the undertaker and the drainage authority under this Part is to be determined by arbitration in accordance with article 64 (arbitration).

PART 4 FOR THE PROTECTION OF RAILWAY INTERESTS

Application

29.  The following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and the Company.

Interpretation

30.  In this Part of this Schedule—

“ Company” means Network Rail or, as the case may be, HS1;

“ concession agreement” means the agreement between the Secretary of State for Transport and HS1 Limited for the design, construction, financing, operation, repair and maintenance of High Speed 1, as amended or supplemented from time to time;

“ construction” includes execution, placing, alteration and reconstruction and “construct” and “constructed” have corresponding meanings;

“ the engineer” means an engineer appointed by the Company for the purposes of this Order;

“ High Speed 1” means the high speed rail link between St Pancras in the London Borough of Camden and the Channel Tunnel Portal at Castle Hill, Folkestone, Kent and the international stations at St Pancras, Stratford and Ebbsfleet and Ashford and all associated track, facilities and installations, including the Waterloo Connection and the maintenance depots at Temple Mills and Singlewell;

“ HS1” means High Speed One (HS1) Limited (company number 06045862, whose registered office is at 5^thFloor, Kings Place, 90 York Way, London N1 9AG) and any associated company of High Speed One (HS1) Limited which holds property for railway purposes and for the purpose of this definition “ associated company” means any company which is (within the meaning of section 1159 (meaning of “ subsidiary” etc.)( 183) of the Companies Act 2006)) the holding company of High Speed One (HS1) Limited, a subsidiary of High Speed One (HS1) Limited or another subsidiary of the holding company of High Speed One (HS1) Limited;

“ network licence” means the network licence, as the same is amended from time to time, granted to Network Rail by the Secretary of State in exercise of powers under section 8 (licences)( 184) of the Railways Act 1993;

“ Network Rail” means Network Rail Infrastructure Limited (company number 02904587, whose registered office is at 1 Eversholt Street, London NW1 2DN) and any associated company of Network Rail Infrastructure Limited which holds property for railway purposes and for the purpose of this definition “ associated company” means any company which is (within the meaning of section 1159 of the Companies Act 2006) the holding company of Network Rail Infrastructure Limited, a subsidiary of Network Rail Infrastructure Limited or another subsidiary of the holding company of Network Rail Infrastructure Limited;

“ plans” includes sections, designs, design data, software, drawings, specifications, soil reports, calculations, descriptions (including descriptions of methods of construction), staging proposals, programmes and details of the extent, timing and duration of any proposed occupation of railway property;

“ protective works” means any works specified by the engineer under paragraph 32;

“ railway operational procedures” means procedures specified under any access agreement (as defined in the Railways Act 1993) or station lease;

“ railway property” means any railway belonging to the Company and—

“ specified work” means so much of any of the authorised development as is, or is to be, situated upon, across, under, over or within 15 metres of, or may in any way adversely affect, railway property.

31.—(1) Where under this Part of this Schedule the Company is required to give its consent, agreement or approval in respect of any matter, that consent, agreement or approval is subject to the condition that it must comply with any relevant railway operational procedures, any obligations under statute and in the case of—

(a) Network Rail, its network licence; and

(b) HS1, the concession agreement.

(2) In so far as any specified work or the acquisition or use of railway property or rights over railway property is or may be subject to railway operational procedures, the Company must—

(a) co-operate with the undertaker with a view to avoiding undue delay and securing conformity as between any plans approved by the engineer and requirements emanating from those procedures; and

(b) use its reasonable endeavours to avoid any conflict arising between the application of those procedures and the proper implementation of the authorised development under this Order.

32.—(1) The undertaker must, before commencing construction of any specified work, supply to the Company proper and sufficient plans of that work for the reasonable approval of the engineer and the specified work must not be commenced except in accordance with such plans as have been approved in writing by the engineer or settled by arbitration under article 64 (arbitration).

(2) The approval of the engineer under sub-paragraph(1)must not be unreasonably withheld, and if by the end of the period of 28 days beginning with the date on which such plans have been supplied to the Company the engineer has not intimated disapproval of those plans and the grounds of disapproval, the undertaker may serve upon the engineer written notice requiring the engineer to intimate approval or disapproval within a further period of 14 days beginning with the date upon which the engineer receives written notice from the undertaker and if, by the expiry of the further 14 days period specified in the written notice the engineer has not intimated approval or disapproval, the engineer is deemed to have approved the plans as submitted.

(3) If by the end of the period of 14 days beginning with the date on which written notice was served upon the engineer under sub-paragraph(2), the Company gives notice to the undertaker that it desires itself to construct any part of a specified work which in the reasonable opinion of the engineer will or may affect the stability of railway property or the safe operation of traffic on the railways of the Company then, if the undertaker desires such part of the specified work to be constructed, the Company must construct it (together with any adjoining part of the specified work which the undertaker reasonably requires to be constructed with that work) with all reasonable dispatch on behalf of and to the reasonable satisfaction of the undertaker in accordance with the plans approved or deemed to be approved or settled under this paragraph, and under the supervision (where appropriate and if given) of the undertaker.

(4) When signifying approval of the plans the engineer may specify any protective works (whether temporary or permanent) which in the engineer’s reasonable opinion should be carried out before the commencement of the construction of a specified work to ensure the safety or stability of railway property or the continuation of safe and efficient operation of the railways of the Company or the services of operators using the same (including any relocation de-commissioning and removal of works, apparatus and equipment necessitated by a specified work and the comfort and safety of passengers who may be affected by the specified works), and such protective works as may be reasonably necessary for those purposes must be constructed by the Company, or by the undertaker, if the Company so desires, and such protective works must be carried out at the expense of the undertaker in either case with all reasonable dispatch and the undertaker must not commence the construction of the specified works until the engineer has notified the undertaker that the protective works have been completed to the engineer’s reasonable satisfaction.

33.—(1) Any specified work and any protective works to be constructed by virtue of paragraph 32(4) must, when commenced, be constructed—

(a) without unnecessary delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 32;

(b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the engineer;

(c) in such manner as to cause as little damage as is reasonably possible to railway property; and

(d) so far as is reasonably practicable, so as not to interfere with or obstruct the free, uninterrupted and safe use of any railway of the Company or the traffic on it and the use by passengers of railway property.

(2) If any damage to railway property or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work or a protective work, the undertaker must, regardless of any such approval, make good such damage and must pay to the Company all expenses properly and reasonably incurred by the Company and compensation for any direct loss which it may sustain by reason of any such damage, interference or obstruction.

(3) Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of the Company or its servants, contractors or agents, or any liability on the Company with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or the undertaker’s employees, contractors or agents.

34.—(1) The undertaker must—

(a) at all times afford reasonable facilities to the engineer for access to a specified work or protective work during its construction; and

(b) supply the engineer with all such information as the engineer may reasonably require with regard to a specified work or protective work or the method of constructing it.

35.  The Company must at all times afford reasonable facilities to the undertaker and the undertaker’s agents for access to any works carried out by the Company under this Part of this Schedule during their construction and must supply the undertaker with such information as the undertaker may reasonably require with regard to such works or the method of constructing them.

36.—(1) If any permanent or temporary alterations or additions to railway property, are reasonably necessary in consequence of the construction of a specified work or a protective work, or during a period of 12 months after the completion of that work in order to ensure the safety of railway property or the continued safe operation of the railway of the Company, such alterations and additions may be carried out by the Company and if the Company gives to the undertaker reasonable notice of its intention to carry out such alterations or additions (which must be specified, including details of the reasonable cost of carrying out - and in the case of any permanent alterations or additions, maintaining, working and, when necessary, renewing - those alterations or additions in the notice), the undertaker must pay to the Company the reasonable cost of those alterations or additions including, in respect of any such alterations and additions as are to be permanent, a capitalised sum representing the increase of the costs which may be expected to be properly and reasonably incurred by the Company in maintaining, working and, when necessary, renewing any such alterations or additions.

(2) If during the construction of a specified work or a protective work by the undertaker, the Company gives notice to the undertaker that the Company desires itself to construct that part of the specified work or protective work which in the reasonable opinion of the engineer is endangering the stability of railway property or the safe operation of traffic on the railways of the Company then, if the undertaker decides that part of the specified work or protective work is to be constructed, the Company must assume construction of that part of the specified work or protective work and the undertaker must, regardless of any such approval of a specified work or protective work under paragraph 32(3), pay to the Company all expenses properly and reasonably incurred by the Company and compensation for any direct loss which it may suffer by reason of the execution by the Company of that specified work or protective work.

(3) If the cost of maintaining, working or renewing railway property is reduced in consequence of any such alterations or additions a capitalised sum representing such saving is to be set off against any sum payable by the undertaker to the Company under this paragraph.

(4) The engineer must, in respect of the capitalised sums referred to in this paragraph and paragraph 37(a) provide such details of the formula by which those sums have been calculated as the undertaker may reasonably require.

37.  The undertaker must repay to the Company all reasonable fees, costs, charges and expenses properly and reasonably incurred by the Company—

(a) in constructing any part of a specified work on behalf of the undertaker as provided by paragraph 32(3) or in constructing any protective works under the provisions of paragraph 32(4) including, in respect of any permanent protective works, a capitalised sum representing the cost of maintaining and renewing those works;

(b) in respect of the reasonable approval by the engineer of plans submitted by the undertaker and the supervision by the engineer of the construction of a specified work or a protective work;

(c) in respect of the employment or procurement of the services of any inspectors, signallers, watchkeepers and other persons whom it is reasonably necessary to appoint for inspecting, signalling, watching and lighting railway property and for preventing, so far as may be reasonably practicable, interference, obstruction, danger or accident arising from the construction or failure of a specified work or a protective work;

(d) in respect of any special traffic working resulting from any speed restrictions which may in the reasonable opinion of the engineer, require to be imposed by reason or in consequence of the construction or failure of a specified work or a protective work or from the substitution of diversion of services which may be reasonably necessary for the same reason; and

(e) in respect of any additional temporary lighting of railway property in the vicinity of the specified works, being lighting made reasonably necessary by reason or in consequence of the construction or failure of a specified work or a protective work.

38.—(1) In this paragraph—

“ EMI” means, subject to sub-paragraph (2), electromagnetic interference with the Company’s apparatus generated by the operation of the authorised development where such interference is of a level which adversely affects the safe operation of the Company’s apparatus;

“ the Company’s apparatus” means any lines, circuits, wires, apparatus or equipment (whether or not modified or installed as part of the authorised development) which are owned or used by the Company for the purpose of transmitting or receiving electrical energy or of radio, telegraphic, telephonic, electric, electronic or other like means of signalling or other communications.

(2) This paragraph applies to EMI only to the extent that such EMI is not attributable to any change to the Company’s apparatus carried out after approval of plans under paragraph 32(1) for the relevant part of the authorised development giving rise to EMI.

(3) Subject to sub-paragraph (5), the undertaker must in the design and construction of the authorised development take all measures necessary to prevent EMI and must establish with the Company (both parties acting reasonably) appropriate arrangements to verify their effectiveness.

(4) In order to facilitate the undertaker’s compliance with sub-paragraph (3)—

(a) the undertaker must consult with the Company as early as reasonably practicable to identify all of the Company’s apparatus which may be at risk of EMI, and must continue to consult with the Company (both before and after formal submission of plans under paragraph 32(1)) in order to identify all potential causes of EMI and the measures required to eliminate them;

(b) the Company must make available to the undertaker all information in the possession of the Company reasonably requested by the undertaker in respect of the Company’s apparatus identified under sub-paragraph (a); and

(c) the Company must allow the undertaker reasonable facilities for the inspection of the Company’s apparatus identified under sub-paragraph (a).

(5) In any case where it is established that EMI can only reasonably be prevented by modifications to the Company’s apparatus, the Company must not withhold or delay its consent unreasonably to modifications of the Company’s apparatus, but the means of prevention and the method of their execution may be selected at the reasonable discretion of the Company, and in relation to such modifications paragraph 32(1) has effect subject to this sub-paragraph.

(6) If at any time prior to the completion of the authorised development and regardless of any measures adopted under sub-paragraph (3), the testing or commissioning of the authorised development causes EMI then the undertaker must immediately upon receipt of notification by the Company of such EMI either in writing or communicated orally (such oral communication to be confirmed in writing as soon as reasonably practicable after it has been issued) cease to use (or procure the cessation of use of) the undertaker’s apparatus causing such EMI until all measures necessary have been taken to remedy such EMI by way of modification to the source of such EMI or (in the circumstances, and subject to the consent, specified in sub-paragraph (5)) to the Company’s apparatus.

(7) In the event of EMI having occurred—

(a) the undertaker must afford reasonable facilities to the Company for access to the undertaker’s apparatus in the investigation of such EMI;

(b) the Company must afford reasonable facilities to the undertaker for access to the Company’s apparatus in the investigation of such EMI; and

(c) the Company must make available to the undertaker any additional material information in its possession reasonably requested by the undertaker in respect of the Company’s apparatus or such EMI.

(8) Where the Company approves modifications to the Company’s apparatus under sub-paragraphs (5) or (6)—

(a) the Company must allow the undertaker reasonable facilities for the inspection of the relevant part of the Company’s apparatus; and

(b) any modifications to the Company’s apparatus approved under those sub-paragraphs must be carried out and completed by the undertaker in accordance with paragraph 33.

(9) For the purpose of paragraph 37(a) any modifications to the Company’s apparatus under this paragraph are deemed to be protective works referred to in that paragraph.

(10) In relation to any dispute arising under this paragraph the reference in article 64 (arbitration) to a single arbitrator to be agreed between the parties is to be read as a reference to an arbitrator being a member of the Institution of Engineering and Technology to be agreed.

39.  If at any time after the completion of a specified work or a protective work, not being a work vested in the Company, the Company gives notice to the undertaker informing it that the state of maintenance of any part of the specified work or protective work appears to be such as adversely affects the operation of railway property, the undertaker must, on receipt of such notice, take such steps as may be reasonably necessary to put that specified work or protective work in such state of maintenance as to not adversely affect railway property.

40.  The undertaker must not provide any illumination or illuminated sign or signal on or in connection with a specified work or a protective work in the vicinity of any railway belonging to the Company unless the undertaker has first consulted the Company and the undertaker must comply with the Company’s reasonable requirements for preventing confusion between such illumination or illuminated sign or signal and any railway signal or other light used for controlling, directing or securing the safety of traffic on the railway.

41.  Any additional expenses which the Company may properly and reasonably incur in altering, reconstructing or maintaining railway property under any powers existing at the making of this Order by reason of the existence of a specified work or a protective work must, provided that 56 days’ previous notice of the commencement of such alteration, reconstruction or maintenance has been given to the undertaker, be repaid by the undertaker to the Company.

42.—(1) The undertaker must pay to the Company all reasonable and properly incurred costs, charges, damages and expenses not otherwise provided for in this Part of this Schedule (but subject always to the remaining provisions of this paragraph and to article 67 (no double recovery) which may be occasioned to or reasonably incurred by the Company—

(a) by reason of the construction or maintenance of a specified work or a protective work or the failure of it; or

(b) by reason of any act or omission of the undertaker or of any person in the undertaker’s employ or of the undertaker’s contractors or others whilst engaged upon a specified work or a protective work,

and the undertaker must indemnify and keep indemnified the Company from and against all claims and demands arising out of or in connection with a specified work or a protective work or any such failure, act or omission; and the fact that any act or thing may have been done by the Company on behalf of the undertaker or in accordance with plans approved by the engineer or in accordance with any requirement of the engineer or under the engineer’s supervision will not (if it was done without negligence on the part of the Company or of any person in its employ or of its contractors or agents) excuse the undertaker from any liability under the provisions of this sub-paragraph.

(2) The Company must—

(a) give the undertaker written notice of any such claims or demands as soon as reasonably possible after the Company became aware of any such claims or demands;

(b) not admit liability or make any offer to settle or settle or compromise any such claim or demand without the prior consent of the undertaker (which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand);

(c) take all reasonable steps to mitigate any liabilities relating to such claims or demands; and

(d) keep the undertaker informed in relation to the progress of any such claims and demands and pay due regard to the undertaker’s reasonable representations in relation to them.

(3) In no circumstances is the undertaker liable to the Company under sub-paragraph (1) for any indirect or consequential loss or loss of profits, except that the sums payable by the undertaker under that sub-paragraph include a sum equivalent to the relevant costs in circumstances where—

(a) the Company is liable to make payment of the relevant costs pursuant to the terms of an agreement between the Company and a train operator; and

(b) the existence of that agreement and the extent of the Company’s liability to make payment of the relevant costs pursuant to its terms has previously been disclosed in writing to the undertaker, but not otherwise.

(4) Subject to the terms of any agreement between the Company and a train operator regarding the timing or method of payment of the relevant costs in respect of that train operator, the Company must promptly pay to each train operator the amount of any sums which the Company receives under sub-paragraph (3) which relates to the relevant costs of that train operator.

(5) The obligation under sub-paragraph (3) to pay the Company the relevant costs is, in the event of default, enforceable directly by any train operator concerned to the extent that such sums would be payable to that operator under sub-paragraph (4).

(6) In this paragraph—

“ the relevant costs” means the costs, direct losses and expenses (including loss of revenue) properly and reasonably incurred by each train operator as a consequence of any restriction of the use of the Company’s railway network as a result of the construction, maintenance or failure of a specified work or a protective work or any such act or omission as mentioned in sub-paragraph (1); and

“ train operator” means any person who is authorised to act as the operator of a train by a licence under section 8 (licences) of the Railways Act 1993.

43.  The Company must, on receipt of a request from the undertaker, from time to time, provide the undertaker free of charge with written estimates of the costs, charges, expenses, future cost forecasts and other liabilities for which the undertaker is or will become liable under this Part of this Schedule (including the amount of the relevant costs mentioned in paragraph 42 and with such information as may reasonably enable the undertaker to assess the reasonableness of any such estimate or claim made or to be made under this Part of this Schedule (including any claim relating to those relevant costs).

44.  In the assessment of any sums payable to the Company under this Part of this Schedule there must not be taken into account any increase in the sums claimed that is attributable to any action taken by or any agreement entered into by the Company if that action or agreement was not reasonably necessary and was taken or entered into with a view to obtaining the payment of those sums by the undertaker under this Part of this Schedule or increasing the sums so payable.

45.  The undertaker and the Company may, subject in the case of Network Rail to compliance with the terms of its network licence and in the case of HS1 to compliance with the terms of the concession agreement, enter into, and carry into effect, agreements for the transfer to the undertaker of—

(a) any railway property shown on the works plans or land plans and described in the book of reference;

(b) any lands, works or other property held in connection with any such railway property; and

(c) any rights and obligations (whether or not statutory) of the Company relating to any railway property or any lands, works or other property referred to in this paragraph.

46.—(1) Nothing in this Order, or in any enactment incorporated with or applied by this Order, prejudices or affects the operation of Part 1 (the provision of railway services) of the Railways Act 1993.

(2) Sub-paragraph (3) applies in respect of the land comprised in the plots listed in the second column of the table only.

(3) In respect of the plots of land to which this sub-paragraph applies, the provisions of article 25 (compulsory acquisition of land) apply in respect of the specified airspace of the land only.

47.  The undertaker must no later than 28 days from the date that the documents referred to in article 62 (certification of documents, etc.) are submitted to and certified by the Secretary of State in accordance with that article, provide a set of those documents to the Company in the form of a computer disc with read only memory.

PART 5 FOR THE PROTECTION OF SPECIFIED GAS UNDERTAKERS

Application

48.  For the protection of the gas undertakers referred to in this Part of this Schedule, the following provisions will, unless otherwise agreed in writing between the undertaker and the gas undertaker concerned, have effect.

Interpretation

49.  In this Part of this Schedule—

“ alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of the gas undertaker to enable the gas undertaker to fulfil its statutory functions in a manner no less efficient than previously;

“ apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by the gas undertaker for the purposes of its undertaking together with any replacement apparatus and such other apparatus constructed pursuant to this Order that becomes operational apparatus of the gas undertaker for the purposes of its undertaking and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

“ Cadent Gas Limited” means Cadent Gas Limited (company number 10080864), whose registered office is at Pilot Way, Ansty, Coventry, England CV7 9JU;

“commence” and “commencement” include any surveys, monitoring, work operations, remedial work in respect of any contamination or other adverse ground conditions, the receipt and erection of construction plant and equipment, and non-intrusive investigations for the purpose of assessing ground conditions;

“ deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, enactments and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

“facilities and rights” for construction and for maintenance include any appropriate working areas required to reasonably and safely undertake that construction or maintenance, and any necessary rights of access;

“ functions” includes powers and duties;

“ gas supply” means the transmission, transportation, supply or storage of gas;

“ gas undertaker” means Cadent Gas Limited or Southern Gas Networks plc as the case may be and includes any successor in title or any successor as a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986( 185);

“ ground mitigation scheme” means a scheme approved by the gas undertaker (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

“ ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for the gas undertaker’s approval a ground mitigation scheme;

“ ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

“maintain” and “maintenance” have effect as if the gas undertaker’s existing apparatus was authorised development and as if the term maintain includes protect and use;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed;

“ rights” includes restrictive covenants and, in relation to decommissioned apparatus, the surrender of rights, release of liabilities and transfer of decommissioned apparatus;

“ Southern Gas Networks” means Southern Gas Networks Plc (company number 05167021, whose registered office is at St Lawrence House, Station Approach, Horley, Surrey, RH6 9HJ);

“ specified works” means any of the authorised development or activities (including maintenance) undertaken in association with the authorised development which—

“ undertaking” means the rights, duties and obligations of the gas undertaker as a public gas transporter within the meaning of section 7( 186) of the Gas Act 1986.

On Street apparatus

50.—(1) This Part of this Schedule does not apply to apparatus in respect of which the relations between the undertaker and the gas undertaker are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act, except for—

(a) paragraphs 51(on street apparatus), 56 (retained apparatus: protection of the gas undertaker), 57 (expenses) and 58 (indemnity); and

(b) where sub-paragraph (2) applies, paragraphs 54 (removal of apparatus) and 55 (facilities and rights for alternative apparatus).

(2) This sub-paragraph applies where any apparatus is diverted from an alignment within the existing adopted public highway but not wholly replaced within the existing adopted public highway, notwithstanding that any diversion may be carried out under the provisions of Part 3 of the 1991 Act.

(3) Paragraph 57 (expenses) does not apply to any part of the authorised development that affects the gas undertaker’s apparatus in a street and which constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a) any allowable costs of the measures needing to be taken in relation to that apparatus in consequence of the authorised development, or in order to facilitate their execution, must be determined in accordance with Part 3 and section 85 (sharing of cost of necessary measures) of that Act, and any regulations for the time being having effect under that section; and

(b) any allowable costs are to be borne by the undertaker and the gas undertaker in such proportions as may be prescribed by any such regulations.

Apparatus of the gas undertaker in stopped up streets

51.—(1) Where any street is stopped up under article 14 (permanent stopping up of streets and private means of access), if the gas undertaker has any apparatus in the street or accessed via that street the gas undertaker is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to the gas undertaker, or procure the granting to the gas undertaker of, legal easements reasonably satisfactory to the gas undertaker in respect of such apparatus and access to it prior to the stopping up of any such street or highway, but nothing in this paragraph affects any right of the undertaker or of the gas undertaker to require the removal of that apparatus under paragraph 54 (removal of apparatus).

(2) Notwithstanding the temporary closure, alteration, diversion or restriction of use of any street under the powers of article 12 (temporary closure, alteration, diversion and restriction of use of streets), the gas undertaker will be at liberty at all times to take all necessary access across any such closed, restricted, altered or diverted street and to execute and do all such works and things in, upon or under any such street as it would have been entitled to do immediately before such temporary closure, alteration, diversion or restriction of use in respect of any apparatus which at the time of the stopping up or diversion was in that street.

Protective works to buildings

52.  The undertaker must exercise the powers conferred by article 20 (protective work to land and buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of the gas undertaker (such consent not to be unreasonably withheld or delayed).

Acquisition of land

53.—(1) Regardless of any provision in this Order or anything shown on the land plans or contained in the book of reference to the Order, the undertaker may not appropriate or acquire any interest in land or appropriate, acquire, extinguish, interfere with or override any easement or other interest in land of the gas undertaker otherwise than by agreement.

(2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out or maintenance of any part of the authorised development (or in such other timeframe as may be agreed between the gas undertaker and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of the gas undertaker or affect the provisions of any enactment or agreement regulating the relations between the gas undertaker and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as the gas undertaker reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between the gas undertaker and the undertaker acting reasonably and which must be no less favourable on the whole to the gas undertaker unless otherwise agreed by the gas undertaker, and it will be the responsibility of the undertaker to procure or secure the consent to and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development or maintenance thereof.

(3) Where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus, including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by the gas undertaker and other enactments relied upon by the gas undertaker as of right or other use in relation to the apparatus, then the provisions in this Schedule prevail.

(4) Any agreement or consent granted by the gas undertaker under paragraph 56 (retained apparatus: protection of the gas undertaker) or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).

(5) As a condition of an agreement under sub-paragraph (1) that involves de-commissioned apparatus being left in situ the undertaker must accept a surrender of any existing easement or other interest of the gas undertaker in such decommissioned apparatus and release the gas undertaker from all liabilities in respect of such de-commissioned apparatus from the date of such surrender.

(6) Where an undertaker acquires land which is subject to any right or interest of the gas undertaker (including, without limitation, easements and agreements relating to rights or other interests) and the provisions of paragraph 54 (removal of apparatus) do not apply, the undertaker must, unless the gas undertaker agrees otherwise—

(a) retain any notice of the gas undertaker’s easement, right or other interest on the title to the relevant land when registering the undertaker’s title to such acquired land; and

(b) (where no such notice of the gas undertaker’s easement, right or other interest exists in relation to such acquired land or any such notice is registered only on the Land Charges Register) include (with its application to register title to the undertaker’s interest in such acquired land at the Land Registry) a notice of the gas undertaker’s easement, right or other interest in relation to such acquired land.

Removal of apparatus

54.—(1) If, in the exercise of the powers conferred by this Order, including pursuant to any agreement reached in accordance with paragraph 53 (acquisition of land), the undertaker acquires any interest in any land in which any apparatus is placed, that apparatus must not be decommissioned or removed under this Part of this Schedule and any right of the gas undertaker to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, is in operation, and the facilities and rights referred to in sub-paragraph (2) have been provided, to the reasonable satisfaction of the gas undertaker and in accordance with sub-paragraph (2) to (5) inclusive.

(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to the gas undertaker advance written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order the gas undertaker reasonably needs to move or remove any of its apparatus) the undertaker must afford to the gas undertaker to its satisfaction (taking into account paragraph 55(1) (facilities and rights for alternative apparatus)) the necessary facilities and rights—

(a) for the construction of alternative apparatus; and

(b) subsequently for the maintenance of that apparatus.

(3) If the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the gas undertaker must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to assist the undertaker in obtaining the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for the gas undertaker to use its compulsory purchase powers to this end unless it (in its absolute discretion) elects to so do.

(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the gas undertaker and the undertaker.

(5) The gas undertaker must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the prior grant to the gas undertaker of such facilities and rights as are referred to in sub-paragraph (2) or (3), then proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to decommission or remove any apparatus required by the undertaker to be decommissioned or removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

55.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for the gas undertaker facilities and rights in land for the access to construction and maintenance of alternative apparatus in substitution for apparatus to be decommissioned or removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and the gas undertaker and must be no less favourable on the whole to the gas undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed unless otherwise agreed by the gas undertaker.

(2) If the facilities and rights to be afforded by the undertaker and agreed with the gas undertaker under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to the gas undertaker than the facilities and rights enjoyed by it in respect of the apparatus to be decommissioned or removed then the terms and conditions to which those facilities and rights are subject may be referred to arbitration in accordance with paragraph 62 of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to the gas undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of the gas undertaker

56.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to the gas undertaker a plan and, if reasonably required by the gas undertaker, a ground monitoring scheme in respect of those works.

(2) The plan to be submitted to the gas undertaker under sub-paragraph (1) must include a method statement and describe—

(a) the exact position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation, positioning of plant etc.;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(f) any intended maintenance regimes.

(3) The undertaker must not commence any specified works until the gas undertaker has given written approval of the plan so submitted (and the ground monitoring scheme if required).

(4) Any approval of the gas undertaker required under sub-paragraph (3)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5); and

(b) must not be unreasonably withheld or delayed and the gas undertaker must meaningfully engage with the undertaker within 28 days of the date of submission of the plan under sub-paragraph (1).

(5) The gas undertaker may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(6) Specified works must only be executed in accordance with—

(a) the plan submitted under sub-paragraph (1) (and the ground monitoring scheme if required), as approved or as amended from time to time by agreement between the undertaker and the gas undertaker; and

(b) all conditions imposed under sub-paragraph (4)(a), and the gas undertaker will be entitled to watch and inspect the execution of those works.

(7) Where the gas undertaker requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to the gas undertaker’s satisfaction prior to the commencement of any specified works (or any relevant part thereof) for which protective works are required prior to commencement.

(8) If the gas undertaker, in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 48 to 50 and 53 to 55 apply as if the removal of the apparatus had been required by the undertaker under sub-paragraph 54(2) (removal of apparatus).

(9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan (and the ground monitoring scheme if required), instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan (and the ground monitoring scheme if required).

(10) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development (including such an event attributable to its maintenance)—

(a) the undertaker must implement an appropriate ground mitigation scheme; and

(b) the gas undertaker retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 57 (expenses).

(11) The undertaker is not required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to the gas undertaker notice as soon as is reasonably practicable and a plan of those works and must comply with the conditions imposed under sub-paragraph (4)(a) insofar as is reasonably practicable in the circumstances.

(12) In this paragraph, “ emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

Expenses

57.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to the gas undertaker on demand, all charges, costs and expenses reasonably anticipated or reasonably incurred by the gas undertaker in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised development including without limitation—

(a) any costs reasonably incurred by or compensation properly paid by the gas undertaker in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs (including professional fees) incurred by the gas undertaker as a consequence of the gas undertaker—

(i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 54(3) (removal of apparatus) if it elects to do so; or

(ii) exercising any compulsory purchase powers under this Order transferred to or benefitting the gas undertaker;

(b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus;

(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

(d) the approval of plans;

(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule; and

(g) any watching brief pursuant to sub-paragraph 56(6) (retained apparatus: protection of the gas undertaker).

(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 62 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the gas undertaker by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances (or it would be unlawful due to a statutory or regulatory change) to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to the gas undertaker in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the gas undertaker any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

58.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any such works authorised by this Part of this Schedule (including without limitation relocation, diversion, decommissioning, construction and maintenance of apparatus or alternative apparatus) or in consequence of the construction, use, maintenance or failure of any of the authorised development (including works carried out under article 20 (protective work to land and buildings)) by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by the undertaker) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development) or property of the gas undertaker, or there is any interruption in any service provided, or in the supply of any goods, by the gas undertaker, or the gas undertaker becomes liable to pay any amount to any third party, the undertaker will—

(a) bear and pay on demand accompanied by an invoice or claim from the gas undertaker, the cost reasonably incurred by the gas undertaker in making good such damage or restoring the supply; and

(b) indemnify the gas undertaker for any other expenses, loss, demands, proceedings, damages, claims, penalty, compensation or costs properly incurred or paid by or recovered from the gas undertaker, by reason or in consequence of any such damage or interruption or the gas undertaker becoming liable to any third party as aforesaid other than arising from any default of the gas undertaker.

(2) The fact that any act or thing may have been done by the gas undertaker on behalf of the undertaker or in accordance with a plan approved by the gas undertaker or in accordance with any requirement of the gas undertaker or under its supervision including under any watching brief will not (unless sub-paragraph (3) applies) excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless the gas undertaker fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

(a) any damage or interruption to the extent that it is attributable to the neglect or default of the gas undertaker, its officers, servants, contractors or agents;

(b) any part of the authorised development carried out by the gas undertaker in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 8 (consent to transfer benefit of Order); and

(c) any indirect or consequential loss of any third party (including but not limited to loss of use, revenue, profit, contract, production, increased cost of working or business interruption) arising from any such damage or interruption, which is not reasonably foreseeable.

(4) The gas undertaker must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

Enactments and agreements

59.  Except where this Part of this Schedule provides otherwise, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and the gas undertaker in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

60.—(1) Where in consequence of the proposed construction of any part of the authorised development, the undertaker or the gas undertaker requires the removal of apparatus under paragraph 54(2) (removal of apparatus) or the gas undertaker makes requirements for the protection or alteration of apparatus under paragraph 56 (retained apparatus: protection of the gas undertaker), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the gas undertaker’s undertaking and the gas undertaker must use its best endeavours to co-operate with the undertaker for that purpose.

(2) For the avoidance of doubt whenever the gas undertaker’s consent, agreement or approval is required in relation to plans, documents or other information submitted by the undertaker or the taking of action by the undertaker, it must not be unreasonably withheld or delayed.

Access

61.  If in consequence of any agreement reached in accordance with paragraph 53(1) (acquisition of land) or the powers conferred by this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative rights and means of access to such apparatus as will enable the gas undertaker to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

62.  Save for differences or disputes arising under paragraph 54(2) and (4) (removal of apparatus) any difference or dispute arising between the undertaker and the gas undertaker under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and the gas undertaker, be determined by arbitration in accordance with article 64 (arbitration).

Notices

63.  Notwithstanding article 63 (service of notices) any plans submitted to the gas undertaker by the undertaker pursuant to paragraph 56(1) (retained apparatus: protection of the gas undertaker) must be sent via email and post to such email and postal addresses as the gas undertaker may from time to time appoint for that purpose and notify to the undertaker in writing.

PART 6 FOR THE PROTECTION OF NATIONAL GAS TRANSMISSION PLC AS GAS UNDERTAKER

Application

64.—(1) For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.

(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 8 (consent to transfer benefit of Order)—

(a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and

(b) written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.

(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 74(3)(b) (indemnity)).

Interpretation

65.  In this Part of this Schedule—

“ alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

“ apparatus” means any gas mains, pipes, pressure governors, ventilators, cathodic protections, cables or other apparatus belonging to or maintained by National Grid for the purposes of gas supply together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

“commence” and “commencement” in paragraph 72 (retained apparatus: protection of the gas undertaker) of this Part of this Schedule includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;

“ deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

“ functions” includes powers and duties;

“ ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

“ ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for National Grid’s approval a ground mitigation scheme;

“ ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

“maintain” and “ maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

“ National Grid” means National Gas Transmission Plc (company number 02006000, whose registered office is at National Grid House, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DA) or any successor as a gas transporter within the meaning of Part 1 (gas supply) of the Gas Act 1986;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; and

“ specified works” means any of the authorised development or activities undertaken in association with the authorised development (including maintenance) which—

66.  Except for paragraphs 67 (apparatus of National Grid in stopped up streets), 72 (retained apparatus: protection of gas undertaker), 73 (expenses) and 74 (indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus of National Grid in stopped up streets

67.—(1) Where any street is stopped up under article 14 (permanent stopping up of streets and private means of access), if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 70 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 72 (retained apparatus: protection of the gas undertaker).

(2) (Notwithstanding the temporary closure, alteration, diversion or restriction of use of any street under the powers of article 12 (temporary closure alteration, diversion and restriction of use of streets), National Grid is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the closure, alteration, diversion or restriction of use was in that street.

Protective works to buildings

68.  The undertaker must exercise the powers conferred by article 20 (protective work to land and buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid (such consent not to be unreasonably withheld).

Acquisition of land

69.—(1) Regardless of any provision in this Order or anything shown on the land plans, the undertaker may not acquire any interest in land or apparatus or override any easement or other interest of National Grid otherwise than by agreement.

(2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out or maintenance of any part of the authorised development (or in such other timeframe as may be agreed between National Grid and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the undertaker to procure and secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development or maintenance thereof.

(3) Where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Schedule prevail.

(4) Any agreement or consent granted by National Grid under paragraph 72 (retained apparatus: protection of the gas undertaker) or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).

Removal of apparatus

70.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5).

(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its reasonable satisfaction (taking into account paragraph 71(1) (facilities and rights for alternative apparatus)) the necessary facilities and rights—

(a) for the construction of alternative apparatus in other land of, or secured by, the undertaker; and

(b) subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

(5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

71.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.

(2) If the facilities and rights to be afforded by the undertaker under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter may be referred to arbitration in accordance with paragraph 78 (arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of gas undertaker

72.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan and, if reasonably required by National Grid, a ground monitoring scheme in respect of those works.

(2) The plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—

(a) the exact position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation, positioning of plant etc;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(f) any intended maintenance regimes.

(3) The undertaker must not commence any specified works until National Grid has given written approval of the plan so submitted.

(4) Any approval of National Grid required under sub-paragraph (3)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (5) or (7); and

(b) must not be unreasonably withheld or delayed.

(5) National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(6) Specified works must only be executed in accordance with—

(a) the plan, submitted under sub-paragraph (1), as approved or as amended from time to time by agreement between the undertaker and National Grid; and

(b) such reasonable requirements as may be made in accordance with sub-paragraphs (5) or (7) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.

(7) Where under sub-paragraph (6) National Grid requires any protective works to be carried out by itself or by the undertaker such protective works (whether of a temporary or permanent nature) must be carried out to National Grid’s satisfaction prior to the commencement of any specified works for which protective works are required and National Grid must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).

(8) If National Grid in accordance with sub-paragraphs (5) or (7) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 64 to 66 and 69 to 71 apply as if the removal of the apparatus had been required by the undertaker under paragraph 70(2) (removal of apparatus).

(9) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph will apply to and in respect of the new plan.

(10) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development or its maintenance—

(a) the undertaker must implement an appropriate ground mitigation scheme; and

(b) National Grid retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 73 (expenses).

(11) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (5) to (7) insofar as is reasonably practicable in the circumstances.

(12) In sub-paragraph (11), “ emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

Expenses

73.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised development or its maintenance including without limitation—

(a) any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid—

(i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 70(3) (removal of apparatus); or

(ii) exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid;

(b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;

(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

(d) the approval of plans;

(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 78 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.

(5) Any amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

74.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will—

(a) bear and pay on demand accompanied by an invoice or claim from National Grid the cost reasonably and properly incurred by National Grid in making good such damage or restoring the supply; and

(b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid other than arising from any default of National Grid.

(2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

(a) any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents;

(b) any part of the authorised development (including maintenance) carried out by National Grid in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 8 (consent to transfer benefit of Order).

(4) National Grid must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

(5) National Grid must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.

(6) National Grid must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid’s control and if reasonably requested to do so by the undertaker National Grid must provide an explanation of how the claim has been minimised, where relevant.

Enactments and agreements

75.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

76.—(1) Where in consequence of the proposed construction of any part of the authorised development, the undertaker or National Grid requires the removal of apparatus under paragraph 70(2) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 72 (retained apparatus: protection of gas undertaker), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid must use its best endeavours to co-operate with the undertaker for that purpose.

(2) For the avoidance of doubt whenever the undertaker’s or National Grid’s consent, agreement or approval is required in relation to plans, documents or other information submitted under this schedule, or agreement is required to be reached between the parties under this schedule, it must not be unreasonably withheld or delayed.

Access

77.  If in consequence of the agreement reached in accordance with paragraph 69(1) (acquisition of land) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

78.  Save for differences or disputes arising under paragraphs 70(2) and (4) (removal of apparatus), and 71(1) (retained apparatus: protection of the gas undertaker) any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 64 (arbitration).

Notices

79.  Notwithstanding article 63 (service of notices), any plans submitted to National Grid by the undertaker pursuant to paragraph 72 (retained apparatus: protection of the gas undertaker) must be sent to National Grid LSBUD athttps://lsbud.co.uk/orassetprotection@nationalgrid.comor such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 7 FOR THE PROTECTION OF NATIONAL GRID ELECTRICITY TRANSMISSION PLC AS ELECTRICITY UNDERTAKER

Application

80.—(1) For the protection of National Grid as referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and National Grid.

(2) Subject to sub-paragraph (3) or to the extent otherwise agreed in writing between the undertaker and National Grid, where the benefit of this Order is transferred or granted to another person under article 8 (consent to transfer benefit of Order)—

(a) any agreement of the type mentioned in sub-paragraph (1) has effect as if it had been made between National Grid and the transferee or grantee (as the case may be); and

(b) written notice of the transfer or grant must be given to National Grid on or before the date of that transfer or grant.

(3) Sub-paragraph (2) does not apply where the benefit of the Order is transferred or granted to National Grid (but see paragraph 90(3)(b) (indemnity)).

Interpretation

81.  In this Part of this Schedule—

“ alternative apparatus” means appropriate alternative apparatus to the reasonable satisfaction of National Grid to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

“ apparatus” means any electric lines or electrical plant as defined in section 64 of the Electricity Act 1989, belonging to or maintained by National Grid together with any replacement apparatus and such other apparatus constructed pursuant to the Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

“commence” and “commencement” in paragraph 88 (retained apparatus: protection of the electricity undertaker) of this Part of this Schedule includes any below ground surveys, monitoring, ground work operations or the receipt and erection of construction plant and equipment;

“ deed of consent” means a deed of consent, crossing agreement, deed of variation or new deed of grant agreed between the parties acting reasonably in order to vary or replace existing easements, agreements, and other such interests so as to secure land rights and interests as are necessary to carry out, maintain, operate and use the apparatus in a manner consistent with the terms of this Part of this Schedule;

“ functions” includes powers and duties;

“ ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

“ ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence which, if exceeded, requires the undertaker to submit for National Grid’s approval a ground mitigation scheme;

“ ground subsidence event” means any ground subsidence identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

“in” in a context referring to apparatus or alternative apparatus in land includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

“maintain” and “ maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

“ National Grid” means National Grid Electricity Transmission Plc (company number 02366977, whose registered office is at 1-3 Strand, London, WC2N 5EH) or any successor as a licence holder within the meaning of Part 1 of the Electricity Act 1989;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; and

“ specified works” means any of the authorised development or activities undertaken in association with the authorised development (including maintenance) which—

82.  Except for paragraphs 83 (apparatus of National Grid in stopped up streets), 88 (retained apparatus: protection of electricity undertaker), 89 (expenses) and 90 (indemnity) of this Part of this Schedule which will apply in respect of the exercise of all or any powers under the Order affecting the rights and apparatus of National Grid, the other provisions of this Part of this Schedule do not apply to apparatus in respect of which the relations between the undertaker and National Grid are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act.

Apparatus of National Grid in stopped up streets

83.—(1) Where any street is stopped up under article 14 (permanent stopping up of streets and private means of access), if National Grid has any apparatus in the street or accessed via that street National Grid has the same rights in respect of that apparatus as it enjoyed immediately before the stopping up and the undertaker must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street but nothing in this paragraph affects any right of the undertaker or National Grid to require the removal of that apparatus under paragraph 86 or the power of the undertaker, subject to compliance with this sub-paragraph, to carry out works under paragraph 88 (retained apparatus: protection of electricity undertaker).

(2) (Notwithstanding the temporary closure, alteration, diversion or restriction of use of any street under the powers of article 12 (temporary closure alteration, diversion and restriction of use of streets), National Grid is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the closure, alteration, diversion or restriction of use was in that street.

Protective works to buildings

84.  The undertaker must exercise the powers conferred by article 20 (protective work to land and buildings) so as not to obstruct or render less convenient the access to any apparatus without the written consent of National Grid (such consent not to be unreasonably withheld).

Acquisition of land

85.—(1) Regardless of any provision in this Order or anything shown on the land plans, the undertaker may not acquire any interest in land or apparatus or override any easement or other interest of National Grid otherwise than by agreement.

(2) As a condition of an agreement between the parties in sub-paragraph (1), prior to the carrying out or maintenance of any part of the authorised development (or in such other timeframe as may be agreed between National Grid and the undertaker) that is subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affect the provisions of any enactment or agreement regulating the relations between National Grid and the undertaker in respect of any apparatus laid or erected in land belonging to or secured by the undertaker, the undertaker must as National Grid reasonably requires enter into such deeds of consent upon such terms and conditions as may be agreed between National Grid and the undertaker acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it will be the responsibility of the undertaker to procure and secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development or maintenance thereof.

(3) The undertaker and National Grid agree that where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Schedule prevail.

(4) Any agreement or consent granted by National Grid under paragraph 88 (retained apparatus: protection of electricity undertaker) or any other paragraph of this Part of this Schedule, is not to be taken to constitute agreement under sub-paragraph (1).

Removal of apparatus

86.—(1) If, in the exercise of the powers conferred by this Order, the undertaker acquires any interest in or possesses temporarily any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5).

(2) If, for the purpose of executing any works in, on, under or over any land purchased, held, appropriated or used under this Order, the undertaker requires the removal of any apparatus placed in that land, it must give to National Grid advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) the undertaker must, subject to sub-paragraph (3), afford to National Grid to its reasonable satisfaction (taking into account paragraph 87(1) (facilities and rights for alternative apparatus)) the necessary facilities and rights—

(a) for the construction of alternative apparatus in other land of, or secured by, the undertaker; and

(b) subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of or land secured by the undertaker, or the undertaker is unable to afford such facilities and rights as are mentioned in sub-paragraph (2) in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from the undertaker, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

(4) Any alternative apparatus to be constructed in land of or land secured by the undertaker under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and the undertaker.

(5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by the undertaker to be removed under the provisions of this Part of this Schedule.

Facilities and rights for alternative apparatus

87.—(1) Where, in accordance with the provisions of this Part of this Schedule, the undertaker affords to or secures for National Grid facilities and rights in land for the construction, use, maintenance and protection of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between the undertaker and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless otherwise agreed by National Grid.

(2) If the facilities and rights to be afforded by the undertaker under sub-paragraph (1) in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter may be referred to arbitration in accordance with paragraph 94 (arbitration) of this Part of this Schedule and the arbitrator must make such provision for the payment of compensation by the undertaker to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of electricity undertaker

88.—(1) Not less than 56 days before the commencement of any specified works the undertaker must submit to National Grid a plan of the works to be executed and seek from National Grid details of the underground extent of their electricity apparatus.

(2) In relation to works which will or may be situated on, over, under or within 15 metres measured in any direction of any apparatus, or involve embankment works within 15 metres of any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must include a method statement and describe—

(a) the exact position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation, positioning of plant;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus;

(f) any intended maintenance regimes;

(g) an assessment of risks of rise of earth issues; and

(h) if reasonably required by National Grid, a ground monitoring scheme in respect of those works.

(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must, in addition to the matters set out in sub-paragraph (2), include a method statement describing—

(a) details of any cable trench design including route, dimensions, clearance to pylon foundations;

(b) demonstration that pylon foundations will not be affected prior to, during and post construction;

(c) details of load bearing capacities of trenches;

(d) details of any cable installation methodology including access arrangements, jointing bays and backfill methodology;

(e) a written management plan for high voltage hazard during construction and ongoing maintenance of any cable route;

(f) written details of the operations and maintenance regime for any cable, including frequency and method of access;

(g) assessment of earth rise potential if reasonably required by National Grid’s engineers; and

(h) evidence that trench bearing capacity is to be designed to support overhead line construction traffic of up to 26 tonnes in weight.

(4) The undertaker must not commence any works to which sub-paragraphs (2) or (3) apply until National Grid has given written approval of the plan so submitted.

(5) Any approval of National Grid required under sub-paragraph (4)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraphs (6) or (8); and,

(b) must not be unreasonably withheld.

(6) In relation to any work to which sub-paragraphs (2) or (3) apply, National Grid may require such modifications to be made to the plans as may be reasonably necessary for the purpose of securing its apparatus against interference or risk of damage, for the provision of protective works or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(7) Works executed under sub-paragraphs (2) or (3) must be executed in accordance with the plan, submitted under sub-paragraph (1) or as relevant sub-paragraph (6), as approved or as amended from time to time by agreement between the undertaker and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (6) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid will be entitled to watch and inspect the execution of those works.

(8) Where under sub-paragraph (6) National Grid requires any protective works to be carried out by itself or by the undertaker (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid’s satisfaction prior to the commencement of any specified works for which protective works are required and National Grid must give notice of its requirement for such works within 42 days of the date of submission of a plan pursuant to this paragraph (except in an emergency).

(9) If National Grid in accordance with sub-paragraphs (6) or (8) and in consequence of the works proposed by the undertaker, reasonably requires the removal of any apparatus and gives written notice to the undertaker of that requirement, paragraphs 80 to 82 and 85 to 87 apply as if the removal of the apparatus had been required by the undertaker under paragraph 86(2) (removal of apparatus).

(10) Nothing in this paragraph precludes the undertaker from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of the specified works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(11) As soon as reasonably practicable after any ground subsidence event attributable to the authorised development or its maintenance—

(a) the undertaker must implement an appropriate ground mitigation scheme; and

(b) National Grid retains the right to carry out any further necessary protective works for the safeguarding of its apparatus and can recover any such costs in line with paragraph 89 (expenses).

(12) The undertaker will not be required to comply with sub-paragraph (1) where it needs to carry out emergency works but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must comply with sub-paragraphs (6) to (8) insofar as is reasonably practicable in the circumstances.

(13) In sub-paragraph (12) “ emergency works” means works whose execution at the time when they are executed is required in order to put an end to or to prevent the occurrence of circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.

Expenses

89.—(1) Subject to the following provisions of this paragraph, the undertaker must pay to National Grid within 30 days of receipt of an itemised invoice or claim from National Grid all charges, costs and expenses reasonably anticipated within the following three months or reasonably and properly incurred by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any authorised development or its maintenance including without limitation—

(a) any costs reasonably incurred by or compensation properly paid by National Grid in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation all costs incurred by National Grid as a consequence of National Grid—

(i) using its own compulsory purchase powers to acquire any necessary rights under paragraph 86(3) (removal of apparatus); or

(ii) exercising any compulsory purchase powers in the Order transferred to or benefitting National Grid;

(b) in connection with the cost of the carrying out of any diversion work or the provision of any alternative apparatus, where no written diversion agreement is otherwise in place;

(c) the cutting off of any apparatus from any other apparatus or the making safe of redundant apparatus;

(d) the approval of plans;

(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

(2) There will be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by the undertaker or, in default of agreement, is not determined by arbitration in accordance with paragraph 94 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) will be reduced by the amount of that excess save to the extent that it is not possible in the circumstances to obtain the existing type of apparatus at the same capacity and dimensions or place at the existing depth in which case full costs will be borne by the undertaker.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus will not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole will be treated as if it also had been agreed or had been so determined.

(5) Any amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) will, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity

90.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of the undertaker or in consequence of any act or default of the undertaker (or any person employed or authorised by him) in the course of carrying out such works, including without limitation works carried out by the undertaker under this Part of this Schedule or any subsidence resulting from any of these works, any damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of the authorised development) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, the undertaker will—

(a) bear and pay on demand accompanied by an invoice or claim from National Grid the cost reasonably and properly incurred by National Grid in making good such damage or restoring the supply; and

(b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party as aforesaid other than arising from any default of National Grid.

(2) The fact that any act or thing may have been done by National Grid on behalf of the undertaker or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid or under its supervision will not (unless sub-paragraph (3) applies), excuse the undertaker from liability under the provisions of this sub-paragraph (1) unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and workman like manner or in a manner that does not accord with the approved plan.

(3) Nothing in sub-paragraph (1) imposes any liability on the undertaker in respect of—

(a) any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents;

(b) any part of the authorised development (including maintenance) carried out by National Grid in the exercise of any functions conferred by this Order pursuant to a grant or transfer under article 8 (consent to transfer benefit of Order).

(4) National Grid must give the undertaker reasonable notice of any such third party claim or demand and no settlement, admission of liability or compromise must, unless payment is required in connection with a statutory compensation scheme, be made without first consulting the undertaker and considering their representations.

(5) National Grid must, in respect of any matter covered by the indemnity given by the undertaker in this paragraph, at all times act reasonably and in the same manner as it would as if settling third party claims on its own behalf from its own funds.

(6) National Grid must use its reasonable endeavours to mitigate and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph applies where it is within National Grid’s reasonable ability and control to do so and which expressly excludes any obligation to mitigate liability arising from third parties which is outside of National Grid’s control and if reasonably requested to do so by the undertaker National Grid must provide an explanation of how the claim has been minimised, where relevant.

Enactments and agreements

91.  Nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between the undertaker and National Grid in respect of any apparatus laid or erected in land belonging to the undertaker on the date on which this Order is made.

Co-operation

92.—(1) Where in consequence of the proposed construction of any part of the authorised development, the undertaker or National Grid requires the removal of apparatus under paragraph 86(2) (rremoval of apparatus) or National Grid makes requirements for the protection or alteration of apparatus under paragraph 88 (retained apparatus: protection of electricity undertaker), the undertaker must use its best endeavours to co-ordinate the execution of the works in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of National Grid’s undertaking and National Grid must use its best endeavours to co-operate with the undertaker for that purpose.

(2) For the avoidance of doubt whenever the undertaker’s or National Grid’s consent, agreement or approval is required in relation to plans, documents or other information submitted under this schedule, or agreement is required to be reached between the parties under this schedule, it must not be unreasonably withheld or delayed.

Access

93.  If in consequence of the agreement reached in accordance with paragraph 85(1) (acquisition of land) or the powers granted under this Order the access to any apparatus is materially obstructed, the undertaker must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration

94.  Save for differences or disputes arising under paragraphs 86(2)and (4) (removal of apparatus), and 87(1) (facilities and rights for alternative apparatus) any difference or dispute arising between the undertaker and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between the undertaker and National Grid, be determined by arbitration in accordance with article 64 (arbitration).

Notices

95.  Notwithstanding article 63 (service of notices), any plans submitted to National Grid by the undertaker pursuant to paragraph 88 (retained apparatus: protection of electricity undertaker) must be sent to National Grid LSBUD athttps://lsbud.co.uk/orassetprotection@nationalgrid.comor such other address as National Grid may from time to time appoint instead for that purpose and notify to the undertaker in writing.

PART 8 FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY

Application

96.  The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between the undertaker and the PLA, for the protection of the PLA in relation to the construction of the authorised development and, within any maintenance period defined in article 36 (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development.

Interpretation

97.  In this Schedule—

“ begin” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development including preliminary works (as defined in Schedule 2 of this Order) including any ground investigations in the river Thames;

“ construction” includes execution, placing, altering, replacing, relaying, removal, renewal and works of maintenance within a maintenance period defined in article 36 (temporary use of land for maintaining the authorised development) and, in its application to a specified work which includes or comprises any operation, means the carrying out of that operation, and “construct” and “constructed” are to be construed accordingly;

“ Harbour Master” has the same meaning as “ harbourmaster” in section 2(1) of the 1968 Act;

“ plans” includes navigational risk assessments, plans, sections, elevations, drawings, specifications, programmes, construction methods and descriptions including, where applicable, such relevant hydraulic information about the river Thames as may be reasonably requested by the PLA;

“ preliminary navigational risk assessment” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the preliminary navigational risk assessment and, in connection with any ground investigations in the river Thames, means the “ Lower Thames Crossing Ground Investigations Navigational Risk Assessment” (which forms Appendix F of the preliminary navigational risk assessment);

“ specified function” means any function of the undertaker under this Order (except any function under article 25 (compulsory acquisition of land), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 33 (acquisition of subsoil or airspace only)) the exercise of which may affect the river Thames or any function of the PLA;

“ specified work” means any part of the authorised development (which for this purpose includes the removal of any part of the authorised development), which—

including any projection over the river Thames by any authorised work or any plant or machinery or any dredging (as defined in the 1968 Act) in the river Thames;

“ temporary outfall” means the temporary outfall in the river Thames referenced in paragraph 5(2)(a) of Schedule 15 (deemed marine licence) to this Order; and

“ tunnelling works” means so much of Work No. 4A as is carried out wholly under the bed of the River Thames.

Approval of detailed design (excluding the tunnelling works)

98.—(1) The undertaker must not exercise any specified function or begin the construction of any specified work until plans of the work or function have been approved in writing by the PLA, but the PLA’s approval is not required under this paragraph for any tunnelling works forming part of a specified work.

(2) The undertaker must submit to the PLA plans of the specified work or specified function and such further particulars as the PLA may, within 20 business days starting with the day on which the plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed.

(3) Insofar as the plans submitted under sub-paragraph (2) include a navigational risk assessment, the undertaker must consult the Port of Tilbury London Limited on that assessment prior to submission under sub-paragraph (2) and that assessment must be in all material respects in accordance with the preliminary navigational risk assessment (including where relevant the incorporation of embedded risk controls and additional risk controls identified in the preliminary navigational risk assessment) unless otherwise agreed by the PLA.

(4) Any approval of the PLA required under this paragraph must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of—

(a) traffic in, or the flow or regime of, the river Thames;

(b) the use of its land, or the river Thames, for the purposes of performing its functions; or

(c) the performance of any of its functions connected with environmental protection.

(5) Requirements made under sub-paragraph (4) may include conditions as to—

(a) the proposed location of any temporary work and its dimensions or the location where the specified function is proposed to be exercised;

(b) the programming of temporary works or the exercise of the specified function including the timing and management of giving up temporary possession;

(c) the removal of any temporary works and the undertaking by the undertaker of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

(d) the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work or specified function; and

(e) the expiry of the approval if the undertaker does not commence construction or carrying out of the approved specified work or exercise of the specified function within a prescribed period.

(6) An application for approval under this paragraph is deemed to have been refused if it is neither given nor refused within 30 business days of the specified day.

(7) An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (6) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.

(8) The undertaker must carry out all operations for the construction of any specified work or the specified function without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the river Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place.

(9) In this paragraph, “ specified day” means—

(a) the day on which the plans of the specified work or specified function referred to in sub-paragraph (2) are provided to the PLA; or

(b) the day on which the undertaker provides the PLA with the further particulars requested by the PLA under sub-paragraph (2),

whichever is later.

Design of, and coordination of, tunnelling works to ensure existing and future use of river Thames

99.—(1) The detailed design and construction of the tunnelling works in the river Thames must—

(a) provide for a protected dredged navigational channel depth of 12.5m below chart datum with an additional 0.5m to allow for over-dredging attributable to standard dredging methodology;

(b) ensure that that channel depth can be maintained where scour protection is required; and

(c) take into account the need to protect the existing and future use of the river Thames, including reasonable mitigation of risks to the river Thames and the functions of the PLA during construction of the tunnelling works and operation of the authorised development.

(2) The undertaker must, in a timely manner, consult with the PLA in relation to matters related to or may affect their functions—

(a) when preparing the detailed design and construction methodology of the tunnelling works under the river Thames, on—

(i) the construction methodology for those works insofar as relevant to the existing and future use of the river Thames and the PLA’s functions;

(ii) the measures to be taken in connection with those works, including in respect of unexploded ordnance in the river Thames having regard to the need to protect the existing and future use of the river Thames; and

(b) during construction of the tunnelling works under the river Thames, on such matters regarding those works as the PLA may reasonably request including, but not limited to, tunnel monitoring, construction and baseline monitoring data.

(3) The undertaker must have reasonable regard to any representations made by the PLA under sub-paragraph (2) and provide a written account of how any such representations have been taken into account.

(4) Where the PLA are not reasonably satisfied in relation to the written account provided in relation to the matters under sub-paragraph (2)(a)(ii), the senior representatives from the PLA and the undertaker must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days, and if the PLA is not reasonably satisfied following that meeting it may within 20 business days of the specified day, notify the undertaker that the PLA is in dispute with the undertaker and accordingly refer the matter to arbitration under paragraph 116 (disputes) to review the measures to be implemented having regard to protecting the existing and future use of the river Thames.

(5) Unless sub-paragraph (6) applies, in the event that a matter is referred to arbitration under sub-paragraph (4), the undertaker must not begin any tunnelling work to which a dispute under sub-paragraph (4) relates until such arbitration is settled by the arbitrator (and where sub-paragraph (6) applies, the arbitrator must ensure its decision does not conflict with the Secretary of State’s decision under that sub-paragraph).

(6) This sub-paragraph applies where the undertaker provides the Secretary of State with PLA’s representations, and the written account required under sub-paragraph (3), and the Secretary of State agrees any tunnelling work to which a dispute under sub-paragraph (4) relates can begin.

(7) The undertaker must, no later than three months prior to the expected commencement of the tunnelling works, provide the PLA with a point of contact for continuing liaison and co-ordination throughout the construction of the tunnelling works and the undertaker must notify the PLA of the date of—

(a) the tunnelling works beginning as soon as reasonably practicable and, in any event, 28 days prior to beginning of those works;

(b) the completion of the tunnelling works as soon as reasonably practicable after the completion of those works;

(c) the beginning and end of construction of each of the tunnel bore for northbound traffic, the tunnel bore for southbound traffic and each cross-passage connecting the two tunnels;

(d) any suspension or resumption of tunnelling works which may affect the PLA’s functions; and

(e) any changes to the planned tunnelling works which may affect the PLA’s functions.

(8) In this paragraph, “ construction methodology” includes construction methods and measures for management of construction risks.

Construction of tunnelling works

100.—(1) Prior to commencing construction of the tunnelling works and as soon as reasonably practicable after they each become available, the undertaker must provide to the PLA the following—

(a) an Approval in Principle, or similar, demonstrating that the design requirement has been incorporated into the detailed design of the tunnelling works;

(b) a Design Certificate demonstrating that the detailed design of the tunnelling works has satisfied the design requirement;

(c) a Check Certificate, completed by an independent person, demonstrating that the detailed design of the tunnelling works has satisfied the design requirement;

(d) a river use and navigation emergency response plan relating to the tunnelling works in so far as they may affect the river Thames or the PLA’s functions, which must include reasonable notification to the PLA of any risks arising which may affect the PLA’s assets and operations; and

(e) a management, monitoring and reporting plan relating to the tunnelling works in so far as they may affect the river Thames and the PLA’s functions, which must include a mechanism by which the PLA can reasonably require any additional relevant monitoring information concerning such risks.

(2) The undertaker must supply to the PLA—

(a) any of the drawings referred to in either of the certificates specified in sub-paragraphs (2)(b) and (2)(c); and

(b) such other information relating to any of the documents provided under sub-paragraph (1) or (2)(a) as the PLA may reasonably require,

upon request made by the PLA within 10 business days of the day on which the PLA receives the document that gives rise to the request.

(3) If, following receipt of any of the documents supplied under sub-paragraphs (2) and (3), the PLA is not reasonably satisfied that the design requirement will be met, senior representatives from the PLA and the undertaker must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days, and if the PLA is not reasonably satisfied following that meeting it may within 20 business days of the specified day, notify the undertaker that the PLA is in dispute with the undertaker and accordingly refer the matter to arbitration under paragraph 116 to review the proposed detailed design of the tunnelling works so far as it concerns the design requirement.

(4) In this paragraph—

(a) “ Approval in Principle”, “ Check Certificate” and “ Design Certificate” have the same meaning as in the DMRB Volume 1 Section 1 Part 1 BD2/12;

(b) “ the design requirement” means the detailed design requirement specified in paragraph 99(1) (design of, and coordination of, tunnelling works to ensure existing and future use of river Thames);

(c) “ the specified day” means—

(i) the day on which the documents referred to in sub-paragraph (4) are provided to the PLA under that sub-paragraph; or

(ii) the day on which the undertaker provides the PLA with all drawings and further information that has been requested by the PLA under sub-paragraph (2),

whichever is the later.

As built drawings

101.  As soon as reasonably practicable following the completion of the construction of the authorised development, the undertaker must provide to the PLA as built drawings of any specified works in a form and scale to be agreed between the undertaker and the PLA to show the position of those works in relation to the river Thames.

Discharges etc.

102.—(1) The undertaker must not without the consent of the PLA exercise the powers conferred by article 19 (discharge of water) so as to—

(a) deposit in or allow to fall or be washed into the river Thames any gravel, soil or other material;

(b) discharge or allow to escape either directly or indirectly into the river Thames any offensive or injurious matter in suspension or otherwise; or

(c) directly or indirectly discharge any water into the river Thames.

(2) Any consent of the PLA under this paragraph must not be unreasonably withheld but may be given subject to such terms and conditions as the PLA may reasonably impose.

(3) Any consent under this paragraph is deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 25 business days of the day on which the request for consent is submitted under sub-paragraph (1).

(4) The undertaker must not, in the exercise of the powers conferred by article 19, damage or interfere with the beds or banks of any watercourse forming part of the river Thames unless such damage or interference is approved as a specified work under this Order or is otherwise approved in writing by the PLA.

Removal of temporary works

103.—(1) On completion of the construction of the whole or any part of a permanent specified work, the undertaker must—

(a) as soon as reasonably practicable after such completion seek approval under paragraph 98 (approval of detailed design (excluding the tunnelling works)) for the removal required by paragraph (b); and

(b) as soon as reasonably practicable after the grant of that approval under paragraph 98 remove—

(i) in the case of completion of part of a permanent specified work, any temporary tidal work (other than a residual structure) carried out only for the purposes of that part of the permanent specified work;

(ii) on completion of all the specified works, any remaining temporary tidal work (other than a residual structure); and

(c) in either case, any materials, plant and equipment used for such construction,

and make good the site to the reasonable satisfaction of the PLA.

(2) Without limitation to paragraph (1), the undertaker must as soon as reasonably practicable seek approval under paragraph 98 for the removal of the temporary outfall in the river Thames and any structure installed in connection with ground investigations in the river Thames where the use of that outfall or structure is no longer necessary in connection with the construction of the authorised development, and as soon as practicable after the grant of that approval must remove that outfall and structure and make good the site to the reasonable satisfaction of the PLA.

(3) For the purposes of the undertaker making good the site in accordance with sub-paragraph (1)(b), the PLA may require that—

(a) any residual structure is cut off by the undertaker at such level below the bed of the river Thames as the PLA may reasonably direct; and

(b) the undertaker takes such other steps to make the residual structure safe as the PLA may reasonably direct.

(4) As soon as reasonably practicable after the undertaker has complied with the PLA’s requirements under sub-paragraphs (1), (2) and (3) in relation to any residual structure, the PLA must grant the undertaker a works licence for that structure under section 66 (licensing of works) of the 1968 Act, and the terms of the licence are to reflect such requirements.

(5) For the avoidance of doubt, article 53 (disapplication of legislative provisions, etc.) will not apply to a residual structure which will, accordingly, be subject to sections 66 to 75 (lands above mean high water level) of the 1968 Act.

(6) In this paragraph—

“ residual structure” means any part of a temporary tidal work that the PLA agrees cannot reasonably be removed by the undertaker on completion of the construction of the permanent specified works; and

“ tidal work” means any specified work any part of which is, or may be, or, in, under or over the surface of land below the level of mean high water forming part of the river Thames.

Protective action

104.—(1) If any specified work or the exercise of any specified function—

(a) is constructed or carried out otherwise than in accordance with the requirements of this Schedule or with any condition in an approval given under paragraph 98(4) (approval of detailed design (excluding the tunnelling works)); or

(b) during construction or carrying out gives rise to sedimentation, scouring, currents or wave action, or other material change to the riverbed, which would be materially detrimental to traffic in, or the flow or regime of, the river Thames,

then the PLA may by notice in writing require the undertaker at the undertaker’s own expense to comply with the remedial requirements specified in the notice.

(2) The requirements that may be specified in a notice given under sub-paragraph (1) are—

(a) in the case of a specified work or specified function to which sub-paragraph (1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—

(i) this Schedule; or

(ii) the condition that has been breached; or

(b) in any case within sub-paragraph (1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation, scouring, currents or wave action or other material change to the riverbed so far as required by the needs of traffic in, or the flow or regime of, the river Thames.

(3) If the undertaker does not comply with a notice under sub-paragraph (1), or is unable to do so then the PLA may in writing require the undertaker to—

(a) remove, alter or pull down the specified work, and where the specified work is removed to restore the site of that work (to such extent as the PLA reasonably requires) to its former condition; or

(b) take such other action as the PLA may reasonably specify for the purposes of remedying the non-compliance to which the notice relates.

(4) If a specified work gives rise to materially new or materially different environmental effects over and above those anticipated by any environmental document, the undertaker must, in compliance with its duties under any enactment, take such action as is necessary to prevent or mitigate those environmental impacts and in so doing must consult and seek to agree the necessary measures with the PLA.

(5) If the PLA becomes aware that any specified work is causing materially new or materially different environmental effects over and above those anticipated by any environmental document, the PLA must notify the undertaker of—

(a) that materially new or materially different environmental effect;

(b) the reasons why the PLA believes that the materially new or materially different environmental effects are being caused by the specified work; and

(c) measures that the PLA reasonably believes are necessary to counter or mitigate that materially new or materially different environmental effects.

(6) The undertaker must implement either the measures that the PLA has notified to it under paragraph (5) or such other measures as the undertaker believes are necessary to counter materially new or materially different environmental effects identified, giving reasons to the PLA as to why it has implemented such other measures.

(7) In this paragraph “ environmental document” means—

(a) the environmental statement; and

(b) any other document containing environmental information provided by the undertaker to the PLA for the purposes of any approval under paragraph 98.

Facilities for navigation

105.—(1) The undertaker must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river Thames without the consent of the PLA, and must ensure that access to such aids remains available during and following construction of any specified work or the exercise of any specified function.

(2) The undertaker must provide at any specified work, or must afford reasonable facilities at such work (including an electricity supply) for the PLA to provide at the undertaker’s cost, from time to time such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the PLA may deem necessary by reason of the construction and presence of the specified work and must ensure access remains available to such facilities during and following construction of the specified work.

(3) The power under article 18(1)(e) (powers in relation to relevant navigations or watercourses) may only be exercised in connection with the relevant navigation as defined in that article where that exercise relates to—

(a) Work No. 5A;

(b) Work No. 5X;

(c) ground investigation works; and

(d) any other activity approved in writing by the PLA.

Use of land above the riverbed of the river Thames

106.  The undertaker’s powers of temporary possession and compulsory acquisition of rights and imposition of restrictive covenants under this Order above the riverbed of the river Thames in connection with the temporary outfall, permanent outfall, the new water inlet with self-regulating valve and ground investigation works, is limited to what is reasonably necessary for the undertaker safely to construct the authorised development.

Survey of the river Thames riverbed

107.—(1) The PLA may, at the undertaker’s expense (such expense to be that which is reasonably incurred), carry out a survey (or externally procure the carrying out of a survey) for the purpose of establishing the condition of the river Thames—

(a) before the commencement of construction of the first specified work below the level of mean high water to be constructed following approval under paragraph 98 (approval of detailed design (excluding the tunnelling works));

(b) before the commencement of construction of any other specified work, or the carrying out of any other specified function, approved under paragraph 98;

(c) during the construction of any specified work, or the carrying out of any specified function, as is reasonably required; and

(d) after completion of, respectively—

(i) any specified work and the exercise of all related specified functions; and

(ii) all the specified works constructed and specified functions carried out under this Order in relation to such construction,

of such parts of the river Thames as might be affected by sedimentation, scouring, currents, wave action or other material change to the riverbed that might result from the construction of the relevant specified work, or the carrying out of a specified function as would, if it were to be constructed or carried out, constitute specified works, or give rise to operations, below the level of mean high water.

(2) The PLA must make available to the undertaker the results of any survey carried out under this paragraph, such results to be provided to the undertaker within 20 business days from the undertaker’s request.

(3) The PLA must not under this paragraph carry out a survey of any part of the river Thames in respect of which the undertaker has provided to the PLA survey material which the PLA is satisfied establishes the condition of the river Thames, and in the case of a survey under sub-paragraph (1)(c), the effect of the specified works and the specified functions.

(4) A survey carried out under this paragraph is the property of the PLA.

Statutory functions

108.  Subject to article 53 (disapplication of legislative provisions, etc.) the exercise in, under or over the river Thames by the undertaker of any of its functions under this Order is subject to—

(a) any enactment relating to the PLA;

(b) any byelaw, direction or other requirement made by the PLA or the Harbour Master under any enactment; and

(c) any other exercise by the PLA or the Harbour Master of any function conferred by or under any enactment.

Indemnity

109.—(1) The undertaker will pay to the PLA its proper and reasonable legal costs, professional fees and disbursements incurred in connection with reviewing detailed design information, construction information and any other information submitted to the PLA in respect of a specified work or a specified function.

(2) The undertaker is responsible for and must make good to the PLA all financial costs, charges, damages losses or expenses which may be incurred reasonably or suffered by the PLA by reason of—

(a) the construction or operation of a specified work or its failure;

(b) the exercise of any specified function; or

(c) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged on the construction or operation of a specified work or exercise of a specified function dealing with any failure of a specified work,

and the undertaker must indemnify the PLA from and against all claims and demands arising out of or in connection with the specified works or specified functions or any such failure, act or omission.

(3) The fact that any act or thing may have been done—

(a) by the PLA on behalf of the undertaker; or

(b) by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the PLA, or in a manner approved by the PLA, or under its supervision or the supervision of its duly authorised representative,

does not (if it was done or required without negligence on the part of the PLA or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph.

(4) The PLA must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraphs (1) and (2) and no settlement or compromise of it is to be made without the prior consent of the undertaker.

Disposals, etc.

110.  The undertaker must within 7 days after the completion of any sale, agreement or other transaction under article 8 (consent to transfer benefit of Order) in relation to which any powers, rights and obligations of the undertaker are transferred to another party, notify the PLA in writing, and the notice must include particulars of the other party to the transaction under article8, the general nature of the transaction and details of the extent, nature and scope of the works or functions sold, transferred or otherwise dealt with.

Navigational lights, buoys, etc.

111.—(1) The undertaker must, at or near a specified work or a location where a specified function is being exercised, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the PLA may from time to time reasonably require.

(2) The PLA must give the undertaker not less than 20 business days’ written notice of a requirement under sub-paragraph (1) except in the case of emergency when the PLA must give such notice as is reasonably practicable.

Directions as to lights

112.  The undertaker must comply with any reasonable directions issued from time to time by the Harbour Master with regard to the lighting of—

(a) a specified work; or

(b) the carrying out of a specified function or the use of apparatus for the purposes of such a function,

or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river Thames.

Removal, etc. of the PLA’s moorings and buoys

113.—(1) Subject to sub-paragraph (2), if by reason of the construction of any specified work or the exercise of any specified function it is reasonably necessary for the PLA to incur the cost of—

(a) temporarily or permanently altering, removing, re-siting, repositioning or reinstating existing moorings or aids to navigation (including navigation marks or lights) owned by the PLA;

(b) laying down and removing substituted moorings or buoys; or

(c) carrying out dredging operations for any such purpose,

not being costs which it would have previously incurred for any other reason, the undertaker must pay the costs reasonably so incurred by the PLA.

(2) The PLA must give to the undertaker not less than 20 business days’ notice of its intention to incur such costs, and take into account any representations which the undertaker may make in response to the notice within 10 business days of the receipt of the notice.

Abandoned or decayed works

114.—(1) If a specified work is abandoned or falls into decay, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either to repair or restore the specified work, or any part of it, or to remove the specified work and (to such extent and within such limits as the PLA reasonably requires) restore the site of that work to its condition prior to the construction of the specified work.

(2) If any specified work is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the river Thames, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice—

(a) to repair and restore the work or part of it; or

(b) if the undertaker so elects, to remove the specified work and (to such extent as the PLA reasonably requires) to restore the site to its former condition.

(3) If on the expiration of such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been completed to the satisfaction of the PLA, the PLA may undertake that work and any expenditure reasonably incurred by the PLA in so doing is recoverable from the undertaker.

Apparatus in the tunnel area

115.—(1) Whenever the undertaker receives an application from any person who is considering placing or doing anything that might require the undertaker’s consent under article 47 (no apparatus in tunnel area without consent), the undertaker will inform the person concerned of the possible need to obtain the PLA’s licence under section 66 (licensing of works) of the 1968 Act in relation to that matter and will recommend that the person contacts the PLA in order to discuss the matter with the PLA.

(2) Within 5 business days of giving a consent under article 47 (no apparatus in the tunnel area without consent), the undertaker must notify the PLA in writing that consent has been given and in doing so must provide the PLA with the name and address of the person to whom the consent has been given and details of the apparatus or work to which the consent relates.

Disputes

116.  Any dispute arising between the undertaker and the PLA under this Schedule is to be determined by arbitration as provided in article 64 (arbitration).

PART 9 FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

Application and Interpretation

117.—(1) The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

(2) In this part of this Schedule—

“ Agency” means the Environment Agency;

“ construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” is construed accordingly;

“ drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

“ fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish;

“main river” has the same meaning given in section 113 (interpretation of Part IV)( 187) of the Water Resources Act 1991;

“ plans” includes sections, drawings, specifications, calculations and method statements;

“ remote defence” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river;

“ sea defence” means any bank, wall, embankment (and any berm, counterwall or cross-wall connected to any such bank, wall or embankment), barrier, tidal sluice and other defence, whether natural or artificial, against the inundation of land by sea water or tidal water, including natural or artificial high ground which forms part of or makes a contribution to the efficiency of the defences of the Agency’s area against flooding, but excludes any sea defence works which are for the time being maintained by a coast protection authority under the provisions of the Coast Protection Act 1949( 188) or by any local authority or any navigation, harbour or conservancy authority; and

“ specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within—

Submission and approval of plans

118.—(1) Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request.

(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 128 (disputes).

(3) Any approval of the Agency required under this paragraph—

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been refused if it is neither given nor refused within 2 months of the submission of the plans or receipt of further particulars if such particulars have been requested by the Agency for approval; and

(c) in the case of a refusal, accompanied by a statement of the grounds of refusal; and

(d) may be given subject to such reasonable requirements as the Agency may have for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or for nature conservation or in the discharge of its environmental duties.

(4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

Construction of protective works

119.  Without limiting paragraph 118 (submission and approval of plans), the requirements which the Agency may have under that paragraph include conditions requiring the undertaker, at its own expense, to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage; or

(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work.

Timing of works and service of notices

120.—(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 119 (construction of protective works), must be constructed—

(a) without unreasonable delay in accordance with the plans approved under this Schedule; and

(b) to the reasonable satisfaction of the Agency,

and the Agency is entitled by its officer to watch and inspect the construction of such works.

(2) The undertaker must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.

(3) If the Agency reasonably requires, the undertaker must construct all or part of the protective works so that they are in place prior to the construction of any specified work to which the protective works relate.

Works not in accordance with this Part

121.—(1) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this part of this Schedule or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

(2) Subject to sub-paragraph (3) and paragraph 126 (indemnity), if, within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (1) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any reasonable expenditure incurred by the Agency in so doing is recoverable from the undertaker.

(3) In the event of any dispute as to whether sub-paragraph (1) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (2) until the dispute has been finally determined in accordance with paragraph 128 (disputes).

Maintenance of works

122.—(1) Subject to sub-paragraph (5) the undertaker must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

(3) Subject to sub-paragraph (5) and paragraph 126, if, within a reasonable period, being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and any expenditure incurred by the Agency in so doing is recoverable from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 128.

(5) This paragraph does not apply to—

(a) drainage works which are vested in the Agency, or which the Agency or another person is liable to maintain and is not proscribed by the powers of the Order from doing so; and

(b) any obstruction of a drainage work authorised by this Order or in the approval of specified works plans approved under paragraph 118 (submission and approval of plans) and carried out in accordance with the provisions of this Part provided that any obstruction is removed as soon as reasonably practicable.

Remediating impaired drainage work

123.  Subject to paragraph 126 (indemnity), if by reason of the construction of any specified work or of the failure of any such work, the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency and if the undertaker fails to do so, the Agency may make good the impairment or damage and recover any expenditure incurred by the Agency in so doing from the undertaker.

Agency access

124.  If by reason of construction of the specified work the Agency’s access to flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must provide such alternative means of access that will allow the Agency to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction as soon as reasonably practicable of the undertaker becoming aware of such obstruction.

Free passage of fish

125.—(1) The undertaker must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in the fishery during the construction of any specified work.

(2) If by reason of—

(a) the construction of any specified work; or

(b) the failure of any such work,

damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.

(3) Subject to paragraph 126 (submission and approval of plans), if within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the undertaker fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and any expenditure reasonably incurred by the Agency in so doing is recoverable from the undertaker.

(4) Subject to paragraph 126, in any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the undertaker any expenditure incurred in so doing provided that notice specifying those steps is served on the undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.

Indemnity

126.  The undertaker must indemnify the Agency in respect of all costs, charges and expenses which the Agency may incur—

(a) in the examination or approval of plans under this Part of this Schedule;

(b) in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule; and

(c) in the carrying out of any surveys or tests by the Agency which are reasonably required in connection with the construction of the specified works.

127.—(1) The undertaker is responsible for and must indemnify the Agency against all costs and losses not otherwise provided for in this Part of this Schedule which may be reasonably incurred or suffered by the Agency by reason of—

(a) the construction, operation or maintenance or failure during construction of any specified works comprised within the authorised development;

(b) the operation or maintenance of any specified works comprised within the authorised development or the failure of any such works; or

(c) any act or omission of the undertaker, its employees, contractors or agents or other persons acting under the direction of the undertaker whilst engaged upon—

(i) the construction, operation or maintenance of the specified works; or

(ii) in the case of those specified works that the undertaker is liable to maintain, dealing with any failure of those specified works.

(2) For the avoidance of doubt, in sub-paragraph (1)—

“ costs” includes—

“ losses” includes physical damage.

(3) The undertaker must indemnify the Agency against all liabilities, claims and demands arising out of or in connection with the authorised development or otherwise out of the matters referred to in sub-paragraph (1).

(4) In sub-paragraph (3)—

“claims” and “demands” include as applicable—

“ liabilities” includes—

(5) The Agency must give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the agreement of the undertaker, which agreement will not be unreasonably withheld or delayed.

(6) The Agency must, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.

(7) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under the provisions of this Part of this Schedule.

(8) Nothing in this paragraph imposes any liability on the undertaker with respect to any costs, charges, expenses, damages, claims, liabilities, demands or losses to the extent that they are attributable to the neglect or default of the Agency, its officers, servants, contractors or agents.

Disputes

128.  Any dispute arising between the undertaker and the Agency under this Part of this Schedule must, if the parties agree, be determined by arbitration under article 64 (arbitration).

PART 10 FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

Application

129.  The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and PoTLL, for the protection of PoTLL in relation to the construction of the authorised development and the operation and maintenance of the authorised development within the Port.

Interpretation

130.—(1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2), the latter prevail.

(2) In this Part of this Schedule—

“ accumulation” means any accumulation of silt or other material (including any materials used to construct the authorised development) which constitutes an impediment to navigation within and to and from the Port;

“ the affected roads” means the A1089 St Andrews Road, Ferry Road, Fort Road and the unnamed link road between Fort Road and the A1089 St Andrews Road;

“ plans” includes plans, sections, elevations, drawings, specifications, programmes, proposals, construction methods and descriptions;

“ the Port” means—

“ PoTLL” means Port of Tilbury London Limited, as statutory harbour authority for and operator of the Port;

“ preliminary works” and “ preliminary works EMP” have the same meaning as in paragraph 1 (interpretation) of Part 1 (requirements) of Schedule 2 to this Order;

“ Required Easement Width” means any area of land comprising or forming part of an exclusion or protection zone pursuant to an easement for the benefit of a statutory undertaker and proposed to be—

“ specified easement” means any easement, restrictive covenant or any other form of property right, including a Required Easement Width, for the benefit of another statutory undertaker in respect of a work authorised by this Order, burdening land within the Port and proposed to be—

“ specified function” means any function of the undertaker under—

of this Order where exercised in respect of the land situated on, over, across or under the Port;

“ specified work” means so much of the works and other matters listed at paragraphs (a) to (d) as are situated on, over, across or under the Port—

“ Tilbury2” means that part of the Port constructed pursuant to the Port of Tilbury (Expansion) Order 2019( 192); and

“ vehicular access” includes but is not limited to access by road, rail, vessel and conveyor and any reference to “ access” is to be construed as including vehicular access unless otherwise stated.

Approval of plans

131.—(1) The undertaker must, before the exercise, or carrying out of any specified function or specified work, supply to PoTLL proper and sufficient plans of that work or function for the approval of PoTLL, acting reasonably, and the specified function must not be exercised or the specified work must not begin except in accordance with such plans as have been approved in writing by PoTLL or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(2) Before approving plans provided under sub-paragraph (1), PoTLL may require the undertaker to supply it with such further information as PoTLL considers (acting reasonably) to be necessary to determine whether to grant approval but such a request must be made within 28 days of the date on which plans have been supplied to PoTLL under sub-paragraph (1).

(3) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable conditions as PoTLL may make for the protection of the Port (outside of the land which is the subject of the plan submitted under sub-paragraph (1)), navigation and current and permitted future vehicular access to it, and its ability to carry out dredging to facilitate vessel access to the Port and to facilitate the effective and cost-efficient future development of the Port provided that such conditions must not, if implemented, give rise to a breach of this Order.

(4) When imposing conditions on any approval given under sub-paragraph (1), PoTLL may specify any reasonably necessary protective works (whether temporary or permanent) that must be carried out before the carrying out of a specified work to minimise, to the extent reasonably practicable, the impact on PoTLL’s undertaking, and such protective works as may be reasonably necessary for those purposes must be constructed either by PoTLL at the expense of the undertaker, such costs to be agreed by the undertaker prior to construction, or by the undertaker at its own expense, in either case to be undertaken to a programme agreed between the undertaker and PoTLL, both parties acting reasonably.

(5) The undertaker must carry out any specified function or specified work and any protective works required under sub-paragraph (4) in accordance with the plans approved under sub-paragraph (1) or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(6) PoTLL is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey the specified works and the protective works and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place and, if the person duly appointed by PoTLL is of the opinion, acting reasonably, that the construction of the work poses danger to any property of the Port or persons within the Port, the undertaker must adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury.

(7) If, by the end of the period of 28 days beginning with the date on which plans (or any subsequent information reasonably requested in accordance with sub-paragraph (2)) have been supplied to PoTLL under sub-paragraph (1), PoTLL has not approved or intimated disapproval of those plans and the grounds of disapproval, PoTLL is deemed to have approved the plans as submitted.

(8) Where an approval is provided under this paragraph, the undertaker will be deemed to have a reasonable excuse for the purposes of paragraph 4(4) of Schedule 7 to the Port of Tilbury (Expansion) Order 2019( 193), and no proceedings will be brought by PoTLL in pursuance of those byelaws, when the undertaker carries out the specified work or protective work or specified function in accordance with an approval.

Approval of specified easements

132.—(1) Before granting, imposing or acquiring any specified easement, transferring or granting the benefit of the Order pursuant to article 8(1) (consent to transfer benefit of Order) or issuing a consent under article 28(3) (compulsory acquisition of rights and imposition of restrictive covenants) in respect of any specified easement, the undertaker must supply to PoTLL details of the proposed terms of that specified easement for the approval of PoTLL, acting reasonably, and the specified easement must not be acquired, imposed or granted except in accordance with the proposed terms as have been approved in writing by PoTLL or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(2) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable conditions as PoTLL may make for the protection of the Port and current and planned permitted vehicular access to it, and its ability to carry out dredging to facilitate vessel access to the Port and to facilitate the effective and cost-efficient operation and future development of the Port provided that such conditions must not, if implemented, give rise to a breach of this Order.

(3) In considering whether to grant its approval of the proposed terms of a specified easement submitted to it under sub-paragraph (1), PoTLL must have reasonable regard to—

(a) the reasonable requirements of the statutory undertaker for whose benefit the specified easement is proposed to be granted or acquired, including any relevant provisions of this Order;

(b) the intended purpose of the specified easement; and

(c) the desirability of the effective and efficient implementation of the authorised work or works to which the specified easement relates.

(4) When acquiring, imposing or granting the specified easement, transferring or granting the benefit of the Order pursuant to article 8(1) or issuing a consent under article 28(3) in respect of any specified easement, the undertaker must do so in accordance with the proposed terms approved under sub-paragraph (1) or settled pursuant to paragraph 150 of this Part of this Schedule.

(5) If, by the end of the period of 28 days beginning with the date on which the proposed terms of any specified easement have been supplied to PoTLL under sub-paragraph (1), PoTLL has not approved or intimated disapproval of those terms and the grounds of disapproval, PoTLL is deemed to have approved the proposed terms as submitted.

(6) Except for the retained provisions, the provisions of this Order do not apply to, and the powers conferred by this Order are not exercisable by the undertaker or any other person in respect of, the area 1 land.

(7) Other than as may be approved by PoTLL pursuant to the provisions of this Part of this Schedule, the undertaker must not exercise or permit the exercise of the powers conferred by this Order so as to limit PoTLL’s use, enjoyment and ability to develop, let or permit occupation of the area 1 land.

(8) The provisions of article 66 (power to override easements and other rights) of this Order do not apply to override any agreement entered into between the undertaker and PoTLL where, and to the extent that, such an agreement contains an express provision intended to exclude it from the scope of article 66.

(9) The provisions of article 29 (private rights) do not apply to the Port and any interests in or rights over land held by PoTLL unless otherwise agreed by PoTLL, acting reasonably.

(10) In this paragraph—

“ the area 1 land” means the land comprised in plots 16-65, 16- 66, 17-08, 17-09, 21-32 and 21-34 as shown on the land plans and listed in the book of reference; and

“ retained provisions” means sub-paragraphs (6) to (9) of this paragraph and paragraphs 149 (indemnity) and 150 of this Part of this Schedule.

Restoration of Port land

133.  Before permanently vacating any part of the Port, the undertaker must supply to PoTLL a schedule setting out the condition of that part of the Port and any temporary works and apparatus situated in, on, under or over that part, and, notwithstanding articles 35, 36 or 37, PoTLL may confirm in writing that any of the temporary works and apparatus are not to be removed by the undertaker and specify the condition that part of the Port is to be restored to, and the undertaker will put that part of the Port in that condition before vacating that part of the Port.

Consultation

134.—(1) PoTLL must be consulted by the undertaker on the development of the following plans required by Part 1 (requirements) of Schedule 2 and details in respect of any matters or measures within them that may affect the Port or the carrying out of a specified work or a specified function, before they are submitted to the Secretary of State for approval—

(a) an EMP (Second Iteration) under paragraph 4 (construction and handover environmental management plans);

(b) a LEMP (as defined in paragraph 1 of Schedule 2) under paragraph 5;

(c) any materials handling plan developed under paragraph 4 as part of the EMP (Second Iteration);

(d) a written scheme and programme under paragraph 6(2) (contaminated land and groundwater);

(e) a travel plan under paragraph 11 (construction travel plans); and

(f) fencing under paragraph 12 (fencing).

(2) Within the Port—

(a) the definition of “carrying out” in paragraph 6(1) of Part 1 of Schedule 2 is to be construed as applying to the preliminary works; and

(b) measures GS016, GS017, GS018, GS019, GS022, GS025, GS026, GS027 and GS028 of table 7.1 of the Code of Construction Practice apply to the carrying out of the preliminary works.

(3) PoTLL must be consulted by the undertaker on the development of the following plans, required by the environmental management plan for the preliminary works EMP, in respect of any matters or measures within them that may affect the Port or the carrying out of a specified work or specified function, before they are approved by the undertaker—

(a) a Security Management Plan;

(b) an Emergency Preparedness Plan; and

(c) a Noise and Vibration Management Plan.

(4) PoTLL must be consulted by the undertaker on the development of a traffic management plan for the preliminary works required by section 6 of the outline traffic management plan for construction.

(5) The undertaker must invite PoTLL to be a member of the following groups that are created in relation to the authorised development on the north side of the river Thames—

(a) the travel plan liaison group created under a travel plan approved under paragraph 11;

(b) the traffic management forum created under a traffic management plan approved under paragraph 11;

(c) the materials handling sub-group of the traffic management forum created under a traffic management plan approved under paragraph 11; and

(d) an advisory group created under a LEMP (as defined in paragraph 1 of Schedule 2) approved under paragraph 5.

(6) In this paragraph—

(a) “ preliminary works EMP” has the meaning given by paragraph 2(1) (interpretation) of Part 1 of Schedule 2; and

(b) References to “paragraphs” are references to paragraphs in Part 1 of Schedule2.

Notification of works to utilities and services affecting the Port

135.—(1) Except in an emergency, prior to the carrying out of any works to any utilities or services within the infrastructure corridor, the undertaker will notify PoTLL of the intended works and the programme for the implementation of such works at least 28 days prior to the carrying out of the proposed works.

(2) In this paragraph, “ the infrastructure corridor” means the purpose-built highway to access Tilbury2 between the A1089 and Substation Road.

Construction traffic management protocol within the Port

136.—(1) Before the commencement of any work constituting Work No. CA5 or ancillary to it, including preliminary works, the undertaker must submit a construction traffic management protocol to PoTLL for approval.

(2) The construction traffic management protocol must include—

(a) the security process to be followed by all vehicles accessing Work No. CA5 or otherwise travelling through the Port;

(b) the code of conduct to which the undertaker, its employers, agents and contractors will be held to whilst on the Port;

(c) procedures to be followed by all vehicles to ensure the Port and access to the Port does not become congested during any period in which the level crossing in the Port is in use;

(d) the procedures to be followed in an emergency;

(e) a suggested process by which advanced approval will be sought from PoTLL of the number of vehicular movements, including abnormal indivisible loads, expected to pass through the Port within a period to be agreed with PoTLL, and for updates to this information to be provided at the end of agreed period, for the next agreed period; and

(f) a suggested process by which variations to the numbers approved by PoTLL under paragraph (e) are to be approved by PoTLL.

(3) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as PoTLL may make for the protection of the Port and its tenants, including in respect of their current and future operations.

(4) The undertaker must ensure that its employees, agents and contractors comply with the agreed construction traffic management protocol within the Port and failure of an individual or body to comply with the construction traffic management protocol will entitle PoTLL to prohibit that individual or body from entering the Port.

Streets

137.—(1) Before exercising the relevant streets powers in respect of any affected roads the undertaker must consult PoTLL on its proposed exercise of those powers and have regard to any consultation response provided by PoTLL.

(2) Consultation under this paragraph will be effected by the undertaker sending to PoTLL the documents reasonably required to describe its proposed exercise of the relevant streets powers and, where required by the provisions of the relevant streets powers to consult or seek the consent of a street authority or traffic authority, a copy of the consultation documents or application seeking that consent, at the time those documents are submitted to the relevant street authority or traffic authority as the case may be.

(3) The undertaker must send to PoTLL a copy of any response received by the undertaker from the relevant street authority or traffic authority in response to any such consultation or submission for consent under the relevant streets powers within 7 days of the receipt by the undertaker of any such response.

(4) In this paragraph “ the relevant streets powers” means the powers conferred by article 12 (temporary closure, alteration, diversion and restriction of use of streets), article 16 (clearways, speed limits and prohibitions) and article 17 (traffic regulation – local roads).

Minimising disruption to affected roads and streets within the Port

138.  In exercising the powers conferred by this Order in relation to the affected roads or any street within the Port, the undertaker must have regard to the potential disruption, delay or congestion of traffic which may be caused to the affected roads or streets within the Port and seek to minimise such disruption, delay or congestion so far as is reasonably practicable.

Obstruction within the Port

139.—(1) Where any event or accident on or affecting any road, street or highway within the Port or on or affecting the river Thames, prevents or obstructs pedestrian or vehicular access into, out of or within the Port, such event or accident being caused by or attributable to the undertaker, its agents, employees or contractors, or which requires the removal of any item, vessel or vehicle which is preventing or obstructing access and which is owned by, contracted to or otherwise being used on behalf of the undertaker, the undertaker must use best endeavours to reinstate access or remove the obstruction without delay.

(2) PoTLL may, where an obstruction has occurred and has not been removed by the undertaker within 14 days of the undertaker becoming aware of the obstruction, or upon the undertaker being given notice by PoTLL that it is expedient for PoTLL to do so, remove the obstruction and recover the cost of that removal and repair from the undertaker.

Land powers

140.  The undertaker must not exercise the powers conferred by article 25 (compulsory acquisition of land), article 33 (acquisition of subsoil or airspace only), article 35 (temporary use of land for carrying out the authorised development) and article 36 (temporary use of land for maintaining the authorised development) in relation to any land within the Port unless the exercise of those powers is with the consent of PoTLL, such consent not to be unreasonably withheld or delayed.

As-built plans

141.  As soon as reasonably practicable following the completion of the construction of any specified works within the Port or any protective works, the undertaker must provide to PoTLL as-built plans of those works in a form and scale to be agreed between the undertaker and PoTLL.

Accumulation and erosion

142.—(1) If during the construction of a specified work or protective work or in the carrying out of a specified function or after the completion of that work or function, there is caused or created an accumulation or erosion wholly or partly in direct consequence of its construction, the undertaker, if requested by PoTLL, acting reasonably, must remedy the accumulation or erosion to the extent attributable to the construction of the specified work or protective work and, if it refuses or fails to do so as soon as reasonably practicable, PoTLL may itself cause the work to be done and may recover the reasonable cost of doing so from the undertaker.

(2) For the purposes of sub-paragraph (1)—

(a) in the case of an accumulation, the remedy must be its removal; and

(b) in the case of erosion, the remedy must be the carrying out of such reconstruction works and other protective works or measures as PoTLL reasonably requires.

(3) In this paragraph, “ erosion” means any fluvial, mechanical or other erosion, collapse, disturbance or destruction of the bed or banks of the river Thames or any quay or jetty or other structure of whatever nature within the Port.

Permitting

143.—(1) The undertaker must consult PoTLL before—

(a) applying for a new permit, a variation of an existing permit or a surrender of an existing permit under the Environmental Permitting (England and Wales) Regulations 2016( 194);

(b) applying to surrender an existing permit under article 68 (interface with waste operation permits); or

(c) submitting an environmental scheme under article 68 (interface with waste operation permits),

which applies or will apply to activities in the Port, and must have regard to PoTLL’s comments in finalising those applications or submissions.

(2) Within the Port, the meaning of “authorised activity” in article 68 is to be construed as including the carrying out of any preliminary works.

Port closure in emergency

144.—(1) Subject to sub-paragraph (2), PoTLL may at any time close the Port and exclude access by the undertaker, including access under any power granted by this Order, under any access right and as provided for in any agreement between the undertaker and PoTLL, where PoTLL reasonably considers that it is necessary to do so in response to a request from an emergency service or government agency, any emergency or accident, or an imminent threat to the health or safety of persons.

(2) PoTLL must inform the undertaker of any closure of the Port as soon as reasonably practicable, including details of the location and extent of the closure and where known, the anticipated duration of the closure.

(3) The undertaker must not at any time prevent or unreasonably impede access by emergency services vehicles to the Port.

Interaction with the Tilbury2 Order

145.—(1) Notwithstanding article 55(5) (application of local legislation, etc.), the undertaker will not undertake any work, activity or operation authorised by this Order, the Town and Country Planning Act (General Permitted Development) Order 2015 or under any planning permission granted or having effect under the Town and Country Planning Act 1990 that will or could result in a breach of the provisions, requirements, licences and other consents that form part of, are authorised by, or are ancillary to Port of Tilbury (Expansion) Order 2019 (“ the 2019 Order”) until a written scheme of management has been submitted to and approved by PoTLL.

(2) The written scheme of management must set out how the undertaker will—

(a) minimise the extent of any breach;

(b) monitor the breach;

(c) rectify the breach at the earliest opportunity; and

(d) reinstate the Port so as to ensure ongoing compliance with the provision, requirement, licence or consent following rectification of the breach.

(3) Unless otherwise agreed by PoTLL, the undertaker must carry out the written scheme of management approved under sub-paragraph (1).

(4) The undertaker is to be responsible for ensuring the rectification of any breach remains effective for the period of 12 months commencing with the date the breach was rectified or, should the breach recur, the date the recurrence was itself rectified.

(5) The rectification of any breach under sub-paragraph (2)(c) and reinstatement under sub-paragraph (2)(d) must be to at least the condition of the relevant land, ecological or other feature as at the date immediately prior to the action being undertaken that but for article 55(5) constituted a breach of the 2019 Order, but may include the provision of compensatory ecological provision where rectification would not otherwise be reasonably practicable due to the construction of the authorised development.

Safeguarding of access to the Port by rail

146.  The undertaker must not exercise any power under the Order in such a manner as to cause any vehicular access for the purposes of the authorised development to have priority over railway traffic at the level crossing in the Port.

Disposals, etc.

147.  The undertaker must within 7 days after the completion of any sale, agreement or other transaction under article 8 (consent to transfer benefit of Order) in relation to which any powers, rights and obligations of the undertaker are transferred to another party insofar as these would affect the Port or the operation of this Part of this Schedule, notify PoTLL in writing, and the notice must include particulars of the other party to the transaction under article8, the general nature of the transaction and details of the extent, nature and scope of the works or functions sold, transferred or otherwise dealt with.

Costs

148.  The undertaker must pay to PoTLL its proper and reasonable legal costs, professional fees and disbursements incurred in connection with—

(a) reviewing any information provided by the undertaker in seeking any consent or approval required by this Part of this Schedule; or

(b) inspecting during construction or on practical completion of any specified work or protective work.

Indemnity

149.—(1) The undertaker agrees to indemnify and keep PoTLL, including any associated company (as defined in article 8(7) (consent to transfer benefit of Order)), indemnified at all times for all losses, costs, charges, damages, expenses, claims and demands which may be incurred reasonably or suffered by PoTLL, by reason or arising from or relating to—

(a) the construction or failure of a specified work or protective work;

(b) the carrying out of a specified function;

(c) the undertaking by PoTLL of works or measures to prevent or remedy a danger or impediment to navigation or access within or to and from the Port;

(d) the alteration to aids to navigation within the Port that are owned by PoTLL or the laying down of moorings or buoys within the Port as may be necessary in consequence of a specified work;

(e) damage to the Port arising from paragraphs (a) to (d), including but not limited to—

(i) damage to any, street, plant, apparatus, chattels, fixtures, equipment or building belonging to PoTLL that is caused by the construction or failure of a specified work or protective work;

(ii) any act or omission of the undertaker or its servants and agents while engaged in the construction of a specified work or protective work; and

(iii) any remedial works necessary as the result of contamination being disturbed in, or migrating to, the Port or where such contamination means that the land affected by contamination cannot be used as part of the Port.

(2) The liability imposed by sub-paragraph (1) includes where this is attributable to the act, neglect or default of the undertaker’s officers, servants, contractors, employees, agents and sub-contractors.

(3) The fact that any act or thing may have been done by PoTLL on behalf of the undertaker or in accordance with a plan approved by PoTLL or in accordance with any requirement of PoTLL or under its supervision or to its satisfaction or in accordance with any directions or award of any arbitrator does not, subject to sub-paragraph (4), excuse the undertaker from liability under the provisions of sub-paragraph (1).

(4) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of PoTLL, its officers, servants, contractors or agents.

(5) PoTLL must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand must be made without the prior written consent of the undertaker, such consent not to be unreasonably delayed or refused.

Disputes

150.—(1) Subject to sub-paragraph (2), any difference arising between the undertaker and PoTLL under this Part must be determined by arbitration as provided in article 64 (arbitration).

(2) In the event of any difference arising between the undertaker and PoTLL under this Part, senior representatives of each party must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days of the dispute arising, and if either party is not reasonably satisfied following that meeting it may, within 20 business days of the meeting, notify the other party accordingly and refer the matter to arbitration.

PART 11 FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Application

151.  The provisions of this Part of this Schedule have effect in relation to the works unless otherwise agreed in writing between the undertaker and the relevant local highway authority.

Definitions

152.  In this Part of this Schedule—

“ detailed design” means drawings and other information comprising the detailed design for local roads comprised in the authorised development for the purposes of paragraph 3 of Part 1 of Schedule 2 to this Order;

“ detailed information” means drawings, specifications and other information relating to the local highway, as relevant to the works in question, to comprise the following (insofar as both parties agree (acting reasonably) are relevant and not already provided for in any document that the undertaker is required to produce under Schedule 2 to this Order) which must be in accordance with the detailed design—

“ DMRB” means the Design Manual for Roads and Bridges published by the undertaker. or any replacement or modification of that standard for the time being in force;

“ final certificate” means the final certificate issued by the relevant local highway authority under paragraph 161 (final certificate) of this Part of this Schedule;

“ local highway” means any public highway including any public right of way which is maintainable, or is intended at the completion of the works in relation thereto to be maintainable by a relevant local highway authority;

“ maintenance period” means the period of 12 months beginning with the date of the provisional certificate being served under paragraph 159 (provisional certificate) of this Part of this Schedule unless otherwise agreed in writing between the parties;

“ the parties” means the undertaker and the relevant local highway authority;

“ provisional certificate” means the certificate served under paragraph 159 of this Part; and

“ works” means any works authorised by the Order undertaken on, to or under any part of the local highway.

Design input and commencement

153.—(1) The undertaker must allow and facilitate an appropriately qualified person or persons duly appointed by the relevant local highway authority (each being a “nominated officer”) to participate in the design process for the detailed design for the works and must have reasonable regard to any representations of the nominated officer in finalising its detailed design proposal.

(2) Participation under sub-paragraph (1) will be in the form of invitations (given at least 10 business days in advance and sent by email) to attend design meetings relating to relevant works and the provision to the nominated officer of such drawings, cross/long sections, design proposals and other information as is reasonably required to allow the nominated officer to provide an informed response on the detailed design proposals to the undertaker.

(3) The nominated officer will have no fewer than 10 business days from the date on which the undertaker supplies information pursuant to sub-paragraph (2) to provide the undertaker with any comments upon any information provided to that officer pursuant to sub-paragraph (2).

(4) No part of the works may commence until the undertaker has provided to the relevant local highway authority the detailed information relating to that part of the works (without prejudice to the undertaker providing parts of the detailed information insofar as it relates to the operation of the local highway at a later date provided the provision of that information is subject to this sub-paragraph and sub-paragraphs (5) to (7)).

(5) The undertaker will give the relevant local highway authority at least 10 business days to comment and provide representations by email on the detailed information provided to it under sub-paragraph (4).

(6) The undertaker must have reasonable regard to any comments, representations and recommendations made by the relevant local highway authority under sub-paragraph (5) and will provide the relevant local highway authority with reasons for non-acceptance of any representation or recommendation as soon as reasonably practicable upon receipt of a request from the relevant local highway authority in writing within 10 business days of its decision.

(7) The works must not be carried out except in accordance with the detailed information (but subject to the process in sub-paragraphs (4) and (5) or as otherwise may be agreed between the undertaker and the relevant local highway authority.

(8) This paragraph does not apply to the works to the extent the undertaker and the local highway authority agree (acting reasonably) that a permit issued under a permit scheme applies to the works.

(9) This paragraph does not apply to the works to the extent they are subject to clause PRO.07 of the design principles, and to the extent they are not subject to that clause of the design principles, without limitation, the undertaker is able to refuse implementation of any representation or recommendation made under this paragraph where it would cause an inconsistency with the outcome of process secured under that clause of the design principles.

(10) For the avoidance of doubt and without limitation, the undertaker may refuse to implement any comment or representation made under sub-paragraphs (1) or (5) which would cause a breach of this Order, conflict with a permit issued under a permit scheme or would entail materially new or materially different environmental effects from those reported in the environmental statement).

154.—(1) Before commencing the construction of, or the carrying out of any work authorised by this Order which involves works to a local highway the undertaker must use reasonable endeavours to agree with the relevant local highway authority a local operating agreement covering the following as relevant to the works in question—

(a) communications and customer care arrangements for communication with stakeholders and the local community including—

(i) the identity of the party responsible for each activity;

(ii) the identity of the contractor responsible for stakeholder engagement and communication; and

(iii) defined timescales for contractor responses to responses to communications;

(b) where the undertaker takes responsibility for the local highway in which the works are proposed, definition of the extents for the works areas between the highway boundary, the traffic management lead in tapers, the longitudinal coning and the end of the lead out tapers, zone of influence (being the area which is reasonably affected by those work areas), traffic management and diversion requirements and free recovery areas (as appropriate);

(c) arrangements for the submission to the relevant local highway authority of digital copies of all as-built drawings for the relevant work area including identification of any new limits of highway maintainable by the relevant local highway authority in accordance with paragraph 161 (final certificate) of this Schedule;

(d) winter maintenance including anticipated winter treatments and severe weather arrangements to apply during the construction period and the maintenance period;

(e) repair arrangements in relation to local highways directly affected by the construction of the authorised development;

(f) continuity of technology arrangements to apply during the construction period and the maintenance period;

(g) arrangements for dealing with and recording incidents during the construction period and the maintenance period including appropriate provision of recovery vehicles; and

(h) traffic management during relevant works.

(2) Any agreement completed under sub-paragraph (1) must be complied with by the undertaker and continue in force until such time as a final certificate has been issued in respect of the relevant works.

Survey reinstatement

155.  The undertaker must reinstate to the reasonable satisfaction of the relevant local highway authority any part of the local highway which has been temporarily used for survey or investigation by the undertaker pursuant to article 20 (protective work to land and buildings), article 35 (temporary use of land for carrying out the authorised development) of this Order or any other power in this Order, to the condition it was in on the date on which the survey or investigation began or such other condition as may be agreed in writing by the relevant local highway authority.

Inspections and testing of materials

156.—(1) The undertaker must allow and facilitate any person duly appointed by the relevant local highway authority to access and inspect at all reasonable times any part of the works during their construction and before a final certificate has been issued in respect of the relevant works as is reasonably necessary to ensure that the works have been or are being carried out in accordance with the detailed design and to the appropriate standard.

(2) The undertaker must allow any person duly appointed by the relevant local highway authority to enter upon and inspect any part of the works which are in, over, under, or adjacent to any local highway or may affect any highway or any property of the relevant local highway authority, during the carrying out of the works, and the undertaker must give to such officer reasonable facilities for such inspection.

(3) Any testing reasonably requested by the relevant local highway authority of materials used in any works must be carried out at the undertaker’s expense and in accordance with the latest version of the Manual of Contract Documents for Highway Works (or any other testing specification agreed by the undertaker and the relevant local highway authority acting reasonably).

(4) The relevant local highway authority (or its agent) may test all or any materials used or proposed to be used in any works and the undertaker must provide such information access and materials as is reasonably necessary to facilitate such testing.

(5) The undertaker must, as soon as is reasonably practicable and in any event within 10 business days, provide the relevant local highway authority with a copy of all available test certificates and results relevant to the works that the relevant local highway authority has requested in writing.

(6) The relevant local highway authority must, as soon as is reasonably practicable and in any event within 10 business days, provide the undertaker with a copy of all available test results and certificates relevant to the works that the undertaker has requested in writing.

(7) In circumstances where a work carried out by the undertaker is tested by the relevant local highway authority pursuant to the provisions of this Part of this Schedule and that test resulted in works being undone at the undertaker’s expense (acting reasonably) and found to be satisfactory, then that expense must forthwith be reimbursed by the relevant local highway authority provided that the relevant local highway authority was given a reasonable opportunity by the undertaker to inspect the works at a time when the works could have been inspected without the need to incur the expense.

Road Safety Audits

157.—(1) The undertaker must procure that an appropriately qualified RSA team (as defined in DMRB Volume 5 Section 2 Part 2 (GG 119) or any replacement or modification of that standard) undertakes road safety audit in accordance with DMRB standard GG 119 and must provide copies of the reports of such audits to the relevant local highway authority within 10 business days of their receipt by the undertaker.

(2) The relevant local highway authority must be invited to participate in the road safety audit conducted under sub-paragraph (1).

(3) Where the report of the stage 3 and 4 road safety audit identifies any recommended measures in respect of the local highway, the undertaker must carry out, at its own expense and to the reasonable satisfaction of the relevant local highway authority, those measures identified as part of stage 3 and 4 audit which the undertaker considers necessary (acting reasonably) and which do not give rise to any new or materially different environmental effects in comparison with those identified in the environmental statement.

Defects in local highways constructed by the undertaker

158.—(1) Until such time as a final certificate has been issued in respect of any works, the undertaker must make good any defects in the works constructed by the undertaker to the reasonable satisfaction of the relevant local highway authority.

(2) The undertaker must submit to the relevant local highway authority such details and information relating to making good any defects under sub-paragraph (1) as the relevant local highway authority and the undertaker agree is reasonable in the circumstances.

Provisional Certificate

159.—(1) Subject to sub-paragraph (2), when the undertaker considers that the works have reached completion so that they are available for use by the public it must serve a provisional certificate on the relevant local highway authority and must allow the relevant local highway authority the opportunity to inspect the works to identify any defects or incomplete works (and the undertaker must give proper consideration to any representations and recommendations made by the relevant local highway authority and make good such defects pursuant to paragraph 158(2) (defects in local highways constructed by the undertaker) and complete incomplete works).

(2) The undertaker may not serve a provisional certificate on the relevant local highway authority under sub-paragraph (1) until either—

(a) a stage 3 road safety audit has been carried out in respect of the works in question in accordance with GG119 of DMRB and in the opinion of the undertaker any recommended measures identified in the audit and which the undertaker reasonably considers to be necessary, have been completed; or

(b) the relevant local highway authority has been provided an opportunity to inspect the works and the undertaker has, in its opinion, completed any further works or measures required to address any safety deficiencies or defects identified as a result of the inspection.

(3) The relevant local highway authority must issue to the undertaker, on request from the undertaker a counter-signed provisional certificate in relation to any part of the works, after completion of that part of the works once a stage 3 safety audit has been carried out in accordance with sub-paragraph (2).

Maintenance

160.—(1) Subject to sub-paragraph (2), the undertaker must maintain the works throughout the maintenance period to a standard appropriate to their use by the public in accordance with the DMRB.

(2) Nothing in paragraph (1) makes the undertaker responsible for the maintenance of any street works or maintenance works undertaken by any person other than the undertaker or which does not form part of the authorised development during the maintenance period.

Final Certificate

161.—(1) The relevant local highway authority must as soon as reasonably practicable, and in any event within 10 business days of paragraphs all of paragraphs (a) to (f) of this sub-paragraph being satisfied, issue a final certificate in respect of the works where—

(a) the maintenance period has elapsed;

(b) all incomplete works and identified defects requiring remediation under paragraph 158(1) (defects in local highways constructed by the undertaker) have been remedied to the relevant local highway authority’s reasonable satisfaction;

(c) the undertaker has given the relevant local highway authority a reasonable opportunity to inspect the relevant works in readiness for the issue of a final certificate and has given due consideration and acted accordingly in respect of any representations and recommendations made by the relevant local highway authority in respect of the works;

(d) the undertaker has provided the relevant local highway authority with a health and safety file in respect of the relevant works to the relevant local highway authority’s reasonable satisfaction;

(e) the undertaker has provided the relevant local highway authority with as built drawings and such detailed information as the relevant local highway authority has requested (acting reasonably) in relation to the relevant works as built; and

(f) any sewers which the local drainage authority consider should be constructed to dispose of soil and surface water drainage in connection with the relevant Works and in order to make them appropriate for public use have been constructed.

(2) The issue of a final certificate by the relevant local highway authority amounts to an acknowledgment by the relevant local highway authority that the construction alteration or diversion (as the case may be) of a highway has been completed to its reasonable satisfaction for the purposes of article 10 (construction and maintenance of new, altered or diverted streets and other structures) of this Order.

(3) In this paragraph, “ as built drawings” means—

(a) drawings showing the as constructed local highways in an appropriate format;

(b) drawings showing the location for utilities installed in the local highway; and

(c) specifications for materials used for the constructed local highway.

Emergency Work

162.  Nothing in this Part of this Schedule prevents the relevant local highway authority from carrying out any work or taking such action as deemed appropriate forthwith without prior notice to the undertaker in the event of an emergency or danger to the public.

Land interests

163.  Following the issuing of the final certificate under paragraph 161 (final certificate) in respect of any part of the local highway, the undertaker must, if requested by the relevant local highway authority, in respect of a local highway which is to be maintainable by the relevant local highway authority following, and as a result of, the completion of those works either—

(a) execute and complete a transfer to the relevant local highway authority at nil consideration of any land and rights which have been compulsorily acquired under this Order and which are necessary for the maintenance and operation of a local highway; or

(b) exercise the powers under article 20 (compulsory acquisition of land) and article 28 (compulsory acquisition of rights and imposition of restrictive covenants) (as applied by article 31 (application of the 1981 Act) and 32 (modification of the 2017 Regulations)) of this Order to directly vest in the relevant local highway authority land or interest which may be necessary for the maintenance and operation of a local highway,

unless otherwise agreed between the undertaker and the relevant local highway authority.

Disputes

164.—(1) In the event of any disagreement between the Parties arising out of or in connection with this agreement which requires the agreement of the Parties jointly or the approval of the relevant local highway authority and which cannot be resolved within 10 business days of the disagreement arising, either party may request a review of the disputed issue by the parties giving notice in writing to their senior representatives.

(2) The senior representatives will consider any such request and use all reasonable endeavours in good faith to reach agreement to resolve any disagreement.

(3) Where agreement is not reached by the senior representatives within 10 business days of a request being made under sub-paragraph (1), the disagreement may be determined by arbitration as provided in article 64 (arbitration) of this Order.

(4) In this paragraph, “ senior representatives” means the regional director on behalf of the undertaker and persons notified to the undertaker by the relevant local highway authority as being their senior representatives.

Article 60

SCHEDULE 15 DEEMED MARINE LICENCE

PART 1 INTRODUCTORY

Interpretation

1.—(1) In this licence—

“ the 2009 Act” means the Marine and Coastal Access Act 2009( 195);

“ authorised development” has the meaning given in paragraph 5;

“ buried pipeline” means the pipeline to be built from the northern tunnel entrance compound with an approximate length below the mean high water springs of 400m and a maximum diameter of 1m;

“ Coalhouse Point” means the land at plots 19-09 and 19-37 in the book of reference;

“ commence” means beginning to carry out any part of a licensable marine activity, and “commenced” and “ commencement” is to be construed accordingly;

“ condition” means those conditions in Part 4 of this Schedule;

“ intertidal zone” means the area between the area between the normal tidal limit and 1 nautical mile;

“ licensed activities” means any activity described in Part 2 of this licence;

“ licensable marine activity” means any activity licensable under section 66 of the 2009 Act including those set out in paragraph 5;

“ the marine area” has the meaning given to ‘UK marine area’ in section 42 of the 2009 Act;

“ mean high water springs” means the average of high water heights occurring at the time of spring tides;

“ MMO” means the Marine Management Organisation;

“ the MMO local office” means the MMO office whose contact details are given at paragraph 2(1)(b) or such other MMO office identified by replacement contact details provided by the MMO under paragraph 2(1)(b);

“ MMO Marine Licencing Team” means the MMO team whose contact details are given at paragraph 2(1)(a) or such other team of persons identified by replacement contact details provided by the MMO at paragraph 2(1)(a);

“ Marine Noise Registry” means the register maintained by the Joint Nature Conservation Committee that records the spatial and temporal distribution of impulsive noise generating activities in the marine area;

“ MMO Pollution Response Team” means the MMO team whose contact details are given at paragraph 2(1)(c) or such other team of persons identified by replacement contact details provided by the MMO at paragraph 2(1)(c);

“ the northern tunnel entrance compound” means the area as set out in figure 2.5 of the environmental statement;

“ the Order” means the A122 (Lower Thames Crossing) Development Consent Order 2025;

“ Ramsar Site” has the meaning given in the Wildlife and Countryside Act 1981( 196) (as amended);

“ SPA” means special protection area as defined in the Conservation of Habitats and Species Regulations 2017( 197) (as amended);

“ SSSI” means site of special scientific interest as defined in the Wildlife and Countryside Act 1981( 198);

“ undertaker” means National Highways Limited (Company No. 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ or any transferee under article 8 (consent to transfer benefit of Order) of the Order and includes and any agent, contractor or sub-contractor acting on its behalf; and

“ water inlet” means the water inlet with self-regulating valve to be built at Coalhouse Point for habitat creation and to secure the water supply to the ecology mitigation area (Work No. 5X).

(2) Unless otherwise specified, all geographical co-ordinates given in this licence are in latitude and longitude degrees and minutes to two decimal places.

Contact Details

2.—(1) The main points of contact with the MMO are as follows—

(a) Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne NE4 7YH Tel: 0300 123 1032 Fax: 0191 376 2681 Email:marine.consents@marinemanagement.org.ukor such replacement contact details as are notified to the undertaker in writing by the MMO;

(b) the MMO Local Office – Marine Management Organisation, MMO Lowestoft Pakefield Road, Lowestoft, Suffolk NR33 0HT Tel: 01502 573 149 or 01502 572 769 Email:lowestoft@marinemanagement.org.ukor such replacement contact details as are notified to the undertaker in writing by the MMO; and

(c) MMO Marine Pollution Response Team — Tel (during office hours): 0300 200 2024 Tel (outside office hours): 07770 977 825 or 0345 051 8486 Email:dispersants@marinemanagement.org.ukor such replacement contact details as are notified to the undertaker in writing by the MMO.

(2) Unless otherwise notified to the undertaker in writing by the MMO, all notices required by this licence to be sent by the undertaker to the MMO must be sent using the MMO’s Marine Case Management System web portal.

PART 2 LICENSABLE MARINE ACTIVITIES

3.  Subject to the licence conditions in Part 4 of this licence, this licence authorises the undertaker to carry out any licensable marine activities under section 66(1) of the 2009 Act which involve the construction, alteration or improvement of any works in or over the sea or on or under the sea bed and which—

(a) form part of, or are related to, the authorised development; and

(b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 of the 2009 Act.

4.  The activities set out in this Part may be carried out by the undertaker as if licenced under the 2009 Act.

5.—(1) In this licence, “ authorised development” means construction, alteration, improvement, maintenance, operation and decommissioning of those parts of each of the following works to the extent that such works constitute licensable marine activities—

(a) the construction and decommissioning of the drainage pipeline and outfall, during the construction phase, from the northern tunnel entrance compound which may include—

(i) a buried pipe within the foreshore and a outfall structure at the discharge point that would terminate in a precast outfall or diffuser head on the subtidal riverbed slope and would be with a length of 400m and a maximum diameter of 1m; and

(ii) any works ancillary to these works;

(b) the construction of the operational discharge, during the tunnel operation, from the northern tunnel portal site which may include—

(i) an outfall structure located at mean high water including the installation of a flap valve type outfall structure; and

(ii) any works ancillary to these works;

(c) the construction of the water inlet at Coalhouse Point which may include—

(i) a water inlet with self-regulating valve structure below mean high water in a new section of flood defence wall;

(ii) a piled coffer dam (10m x 15m) within a defined working area 50m x 35m on the intertidal zone; and

(iii) any works ancillary to these works.

(2) The grid coordinates for the area of the river Thames within which the undertaker may carry out licensed activities specified under paragraph (1) are located at—

(a) in relation to the drainage pipeline and outfall referred to at paragraph 5(1)(a) during the construction phase, from the northern tunnel entrance compound—

(b) in relation to the operational outfall referred to at paragraph 5(1)(b) during the tunnel operation, from the northern tunnel portal site—

(c) in relation to the water inlet at Coalhouse Point referred to at paragraph 5(1)(c)—

PART 3 ENFORCEMENT

6.  Any breach of this licence does not constitute a breach of the Order but is subject to the enforcement regime in Chapter 3 of Part 4 of the 2009 Act.

PART 4 CONDITIONS

General conditions

7.  Where provisions under section 71(5) of the 2009 Act apply, all conditions attached to this licence apply to any person who for the time being owns, occupies or enjoys any use of the licensable marine activities for which this licence has been granted.

8.—(1) The MMO must be notified at the earliest opportunity should any information on which the granting of this licence was based change or is likely to change.

(2) Failure to comply with paragraph (1) may render this licence invalid and may lead to enforcement action.

Distribution of copies

9.—(1) The MMO must be notified in writing of—

(a) any agents, contractors or sub-contractors that will carry out any licensable marine activity listed in Part 4 of this licence on behalf of the undertaker and such notification must be received by the MMO no less than 24 hours before the commencement of the licensable marine activity; and

(b) any vessel being used to carry out any licensable marine activity listed in Part 4 of this licence on behalf of the undertaker and such notification must be received by the MMO no less than 24 hours before commencement of the licensable marine activity, and notification must include the master’s name, vessel type, vessel IMO number and vessel owner or operating company.

(2) The undertaker must ensure that—

(a) a copy of this licence and any subsequent revisions or amendments has been provided to any agents contractors or sub-contractors that will carry out any licensable marine activity listed in Part 4 of this licence.

(b) a copy of this licence and any subsequent revisions or amendments has been provided to the masters of any vessel being used to carry out any licensable marine activity listed in Part 4 of this licence, and that a copy of this licence is held on board any such vessel.

(c) mariners and fishermen’s organisations are made fully aware of the activities through a local notice to mariners issued at least 10 business days prior to the commencement of the licensed activities, or any part of them.

(3) The notice under sub-paragraph (2)(c) must—

(a) provide the start date of any licensed activities;

(b) be provided to the MMO Marine Licensing Team within 5 business days of publication.

Construction method statement

10.—(1) The undertaker must submit details of a method statement to the MMO for approval by the MMO at least 30 business days prior to the commencement of the licensable marine activity.

(2) Unless otherwise agreed by the MMO in writing, the method statement must include the following details—

(a) the details of the entity responsible for the carrying out of the licensed activity;

(b) a programme of works including the timings, duration and the location of the licensable marine activity;

(c) the detailed methodology to be employed by the undertaker in carrying out the licensable marine activity, including method of delivery to site and plant to be used during the licensable marine activities;

(d) contractor and vessel details;

(e) plans and sections;

(f) details of where the licensable marine activity was assessed in the Environmental Statement;

(g) details of materials to be placed in or removed from the marine area;

(h) environmental mitigation measures; and

(i) a lighting management plan if 24 hour working is required to undertake the licensable marine activity.

(3) The licensable marine activity must not commence until the MMO has approved in writing the submitted method statement.

(4) The licensable marine activity must be carried out in accordance with the approved method statement, unless otherwise agreed in writing with the MMO.

Marine pollution contingency plan

11.—(1) The undertaker must submit a marine pollution contingency plan for approval by the MMO at least 30 business days prior to the commencement of the first licensable marine activity.

(2) The marine pollution contingency plan must set out the undertaker’s assessment of the likely risks which could arise as a result of a spill or collision during the carrying out of the licensable marine activities and the methods and procedures the undertaker intends to put in place to address those risks.

(3) The undertaker must not commence the licensable marine activities until the MMO has approved in writing the submitted marine pollution plan.

(4) The licensable marine activities must be carried out in accordance with the approved marine pollution contingency plan, unless otherwise agreed in writing by the MMO.

Concrete and cement

12.  Waste concrete, slurry or wash water from concrete or cement activities must not be discharged, intentionally or unintentionally, into the marine environment. Concrete and cement mixing and washing areas must be contained and sited at least 10 metres from any water body or surface water drain.

Coatings and treatment

13.  The undertaker must ensure that only coatings and treatments can be used that are suitable for use in the marine environment.

Spills, etc.

14.—(1) Bunding and/or storage facilities must be installed to contain and prevent the release of fuel, oils, and chemicals associated with plant, refuelling and construction equipment, into the marine environment. Secondary containment must be used with a capacity of no less than 110% of the container’s storage capacity

(2) Any oil, fuel or chemical spill within the marine environment must be reported to the MMO Marine Pollution Response Team within 12 hours of the spill occurring; and

(3) During licensed activities all wastes must be stored in designated areas that are isolated from surface water drains and open water and are bunded to contain any spillage

Piling techniques

15.—(1) Where a licensable marine activity involves piling the undertaker must comply with the requirements set out in sub-paragraph (2).

(2) Subject to sub-paragraph (3) works to construct the drainage pipeline and outfall referred to at paragraph 5(1)(a), including any piling, must be undertaken in the dry.

(3) Where works are required to construct the drainage pipeline and outfall referred to at paragraph 5(1)(a), including any piling, cannot be undertaken in the dry or where such works are required in areas that are submerged or partially covered by water, the following must be implemented—

(a) vibro-piling must be used until first refusal and impact piling must be used thereafter to toe in the piles;

(b) where percussive piling is necessary, soft-start procedures are to be used to ensure an incremental increase in pile power, over a period of not less than 20 minutes until full operational power is achieved; and

(c) where piling ceases for at least 10 minutes the soft-start procedures must be repeated.

Noise registry

16.  Where impact piling is required as part of a method statement approved by the MMO under condition 10, the undertaker must—

(a) prior to the commencement of a licensable marine activity in the marine area which involves impact pile driving—

(i) submit details of the expected location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the forward look requirements of the Marine Noise Registry; and

(ii) send copies of the notifications required under sub-paragraph (i) to the MMO Marine Licensing Team within 5 business days of the date of submission of the details required under sub-paragraph (i);

(b) within 12 weeks of completion of a licensed activity in the marine area which involves impact pile driving—

(i) submit details of the actual location, start and end dates of impact pile driving to the Marine Noise Registry in order to satisfy the close out requirements of the Marine Noise Registry; and

(ii) send copies of the notifications required under sub-paragraph (i) within 5 business days of the date of submission of the details required under sub-paragraph (i).

Removal of temporary structures, etc.

17.  The undertaker must remove all equipment, temporary structures, waste and debris associated with the licensable marine activities within 30 business days of the completion of those activities, unless otherwise agreed in writing by the MMO.

Notice of completion of licensable marine activity

18.  The undertaker must inform the MMO in writing of the completion of the last marine activity no more than 10 business days following the completion of the said activity.

Licensable marine activity at Coalhouse Point

19.—(1) The licensable marine activities referred to at paragraph 5(1)(c) must not commence until a detailed design plan has been submitted to and approved in writing by the MMO. The detailed design plan must include—

(a) the specifications and dimensions of the water inlet;

(b) the proposed location, including grid co-ordinates;

(c) a construction programme including details of—

(i) the proposed construction commencement date; and

(ii) proposed timings for mobilisation of plant, delivery of materials and construction; and

(d) a construction method statement in accordance with the construction methods assessed in the environmental statement.

PART 5 PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “return”

20.  In this Part, “ return” means a submission by the undertaker for approval by the MMO of any method statement or plan required under Part 4 of this licence.

Further information regarding return

21.—(1) The MMO may request in writing such further information from the undertaker as is necessary to enable the MMO to consider the return.

(2) If the MMO does not make a request under sub-paragraph (1) within 30 business days of the day immediately following that on which the return is received by the MMO, it is deemed to have sufficient information to consider the return and is not entitled to request further information after this date without the prior agreement of the undertaker.

Determination of return

22.—(1) In determining the return the MMO may have regard to—

(a) the return and any supporting information or documentation;

(b) any further information provided by the undertaker in accordance with paragraph 21; and

(c) such matters as the MMO thinks relevant.

(2) Having considered the return the MMO must—

(a) grant the return unconditionally;

(b) grant the return subject to conditions as the MMO thinks fit; or

(c) refuse the return.

Notice of determination

23.—(1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the undertaker of the determination of the return within 30 business days of the day immediately following that on which the return is received by the MMO, or as soon as reasonably practicable after that date.

(2) Where the MMO has made a request under paragraph 21, the MMO must give notice to the undertaker of the determination of the return no later than 30 business days of the day immediately following that on which the further information is received by the MMO, or as soon as reasonably practicable after that date.

(3) Where the MMO determines it is not reasonably practicable to make a determination pursuant to sub-paragraph (1) or (2) within 30 business days, it must notify the undertaker as soon as reasonably practicable and provide confirmation in writing of the intended determination date.

(4) Where the MMO refuses the return the refusal notice must state the reasons for the refusal.

Arbitration

24.  Regulations made under section 73 of the 2009 Act apply to any difference under any provision of this licence and article 64 (arbitration) does not apply.

PART 6 CHANGES TO THE DEEMED MARINE LICENCE

25.—(1) In the event that the undertaker wishes to undertake the licensable marine activity contrary to the conditions of this licence, it must inform the MMO at the earliest opportunity and request a variation to the conditions of this licence.

(2) The undertaker must not carry out any licensable marine activity contrary to the conditions of this licence until a variation to the licence has been approved by the MMO pursuant to its powers under section 72(3) of the 2009 Act.

(3) The provisions of sections 72 (variation, suspension, revocation and transfer) of the 2009 Act apply to this licence except that the provisions of section 72(7) and (8) relating to the transfer of the licence only apply to a transfer not falling within article 8 (Consent to transfer benefit of Order).

(4) The MMO must give notice to the undertaker of the determination of the variation request within 13 weeks from the day immediately following that on which the variation was requested, or as soon as reasonably practicable after that date, subject to the undertaker providing updated details of the licensable marine activity pursuant to paragraph 10 and adequately justifying the requested variation to the reasonable satisfaction of the MMO.

Article 62

SCHEDULE 16 DOCUMENTS TO BE CERTIFIED

PART 1 PLANS

PART 2 THE ENVIRONMENTAL STATEMENT AND RELATED DOCUMENTS

PART 3 OUTLINE MANAGEMENT PLANS AND RELATED CONTROL DOCUMENTS

PART 4 OTHER CERTIFIED DOCUMENTS

EXPLANATORY NOTE

(This note is not part of the Order)

This Order authorises National Highways to undertake the works to construct the Lower Thames Crossing, near Thurrock and Gravesend under the River Thames and carry out all associated works.

The Order permits National Highways to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also includes provisions in connection with the maintenance of the authorised development.

A copy of the documents certified in accordance with article 62 (certification of documents, etc.) of this Order may be inspected free of charge by appointment during normal working hours at National Highways, Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ by contactinginfo@lowerthamescrossing.co.ukor calling the help desk on 0300 123 5000. A copy of those documents may also be inspected free of charge by appointment during normal working hours at a location near the authorised development. This location will be specified on National Highways’ website, be available until the A122 is open for traffic, and the public may request these locations by calling the aforementioned help desk.