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The Silvertown Tunnel Order 2018

Type Statutory-Instrument

Publication 2018-05-10

Last updated 2019-02-22

State In force

Department King's Printer of Acts of Parliament

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37

(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 22 (compulsory acquisition of rights), 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.

No double recovery

38

Compensation is not 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 different provisions of this Order.

PART 4 — OPERATIONAL PROVISIONS

Application of Part 4

39

(1) Articles 42 (power to operate and use the tunnels) and 43 (closing the tunnels) only apply and have effect from the date the Silvertown Tunnel is first opened for public use.

(2) Articles 44 (removal of motor vehicles) to 46 (dangerous goods), 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area) and 49 (fixed penalty notices) only apply—

(a) to the Blackwall Tunnel area from the date of the commencement of construction of the Silvertown Tunnel; and

(b) to the Silvertown Tunnel area from the date the Silvertown Tunnel is first opened for public use.

(3) For the purposes of this Part the date of commencement of construction of the Silvertown Tunnel is the date specified in a notice published by TfL in the London Gazette.

Maintenance of the authorised development

40

(1) TfL may at any time maintain the authorised development.

(2) Paragraph (1) does not extend to any maintenance works which would give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

(3) On the expiry of any maintenance period defined in article 30(14) (temporary use of land for maintaining the authorised development) in respect of any part of the authorised development, but subject to article 3(4) (disapplication of legislation, etc.), sections 66 (licensing of works) to 75 (lands above mean high water level) of the 1968 Act apply to the exercise of the powers of this article in relation to that part.

Local legislation relating to the Blackwall Tunnel

41

The provisions of the Thames Tunnel (Blackwall) Act 1887 and the London County Council (Tunnel and Improvements) Act 1938 , and any other local enactment relating to the Blackwall Tunnel area, have effect subject to the provisions of this Order.

Power to operate and use the tunnels

42

TfL may operate and use the tunnels.

Closing the tunnels

43

(1) TfL may, whenever in its opinion it is necessary to do so, close either or both of the tunnels, whether wholly or partially.

(2) Where TfL proposes to close either or both of the tunnels, it must except in an emergency—

(a) give not less than 7 days' notice in such manner as TfL considers appropriate; and

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

(3) In this article “emergency” means any circumstance existing or imminent which TfL considers is likely to cause danger to—

(a) persons or property, including the tunnels or any person in or using the tunnels; or

(b) the environment.

Removal of motor vehicles

44

(1) If any obstruction is caused by a motor vehicle waiting, loading, unloading or breaking down in the tunnels areas, the person in charge of the motor 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 motor vehicle under paragraph (1) may do so by towing or driving the motor vehicle or in such other manner as the authorised person may think necessary and may take such measures in relation to the motor vehicle as the authorised person considers necessary to enable the motor vehicle to be removed.

(3) Where an authorised person requires a person to remove a motor 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 motor vehicle to be moved in such other manner as the authorised person considers safe or may remove or arrange for the removal of the motor vehicle if the person required to remove it refuses to remove it in the manner so required.

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

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

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

(5) In a case where the owner of the motor vehicle has disclaimed all rights of ownership of the motor vehicle and its contents, the custodian may dispose of them in such manner as it sees fit at any time.

(6) In any case not falling within paragraph (5), a motor vehicle or its contents must not be disposed of before the end of the period of five weeks beginning with the date on which the motor vehicle was removed and until the custodian has, for the purpose of ascertaining the owner of the motor vehicle, taken such steps as are specified in paragraph (7) and either—

(a) the custodian has failed to ascertain the name and address of the owner; or

(b) the owner has failed to comply with a notice complying with paragraph (8) served on the owner by post.

(7) The steps referred to in paragraph (6) are—

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

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

(8) A notice under paragraph (6)(b) must be addressed to the owner which—

(a) states—

(i) reasons for the removal of the motor vehicle;

(ii) the place to which the motor vehicle has been removed;

(iii) the registration mark and make of the motor vehicle;

(iv) the steps to be taken to obtain possession of the motor vehicle;

(v) the outstanding penalty charges payable in respect of the motor vehicle; and

(vi) that unless the motor vehicle is removed by the owner on or before the date specified in sub-paragraph (b), the custodian intends to dispose of it; and

(b) requires the owner to remove the motor vehicle from the custody of the custodian within 21 days of the date on which the notice was served.

(9) The custodian is entitled to treat the registered keeper of the motor vehicle as the person entitled to its contents unless and to the extent that some other person satisfies the custodian of their claim to all or part of them.

(10) Where it appears to the custodian that more than one person is the owner of the motor vehicle—

(a) the notice under paragraph (6)(b) must be sent to all persons appearing to be the owner of the motor vehicle; and

(b) the motor vehicle may not be disposed of in accordance with paragraph (5) unless all persons appearing to be the owners have disclaimed all rights of ownership.

(11) Where a motor vehicle has been removed and delivered into the custody of a custodian in accordance with paragraph (4), the custodian may (whether or not any claim is made under this article) recover from the person who was the owner of the motor vehicle when the motor vehicle was removed the charges applied by paragraph (16) for—

(a) its removal and storage; and

(b) if the motor vehicle has been disposed of, its disposal.

(12) Where, by virtue of paragraph (11)(a), any sum is recoverable in respect of a motor vehicle by a custodian, the custodian is entitled to retain custody of it until that sum is paid.

(13) Where—

(a) it appears to the custodian that more than one person is the owner of the motor vehicle; and

(b) one of those owners, or a person authorised by one of those owners, has gained possession of the motor vehicle under paragraph (19),

then the owner who gained possession of the motor vehicle under paragraph (19) must be treated as the owner from whom the sum is recoverable.

(14) Where—

(a) it appears to the custodian that more than one person is the owner; and

(b) one of those owners has made a claim under paragraph (23) that satisfies the conditions in paragraph (24),

then the owner who made the claim under paragraph (23) must be treated as the owner from whom the sum is recoverable.

(15) Where—

(a) it appears to the custodian that more than one person is the owner of the motor vehicle; and

(b) neither paragraph (13) nor paragraph (14) applies,

then those persons must be treated as jointly and severally liable for the prescribed charges.

(16) Penalty charges in respect of the removal, storage and disposal of vehicles imposed by a statement of charges published under article 54(5) (power to charge for use of the tunnels) apply to the removal, storage and disposal of motor vehicles under this article.

(17) A person (“the claimant”) may take possession of a motor vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under this article, if the conditions specified in paragraph (18) are satisfied.

(18) The conditions are that—

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

(b) all outstanding penalty charges applied by paragraph (16) are paid to TfL.

(19) On giving the claimant possession of a motor vehicle pursuant to this article, the custodian must give the claimant a statement of the right of the owner (or the person in charge of the motor vehicle when the motor vehicle was removed) to appeal, of the steps to be taken in order to appeal and of the address to which representations should be sent.

(20) Where it appears to the custodian that more than one person is the owner of the motor vehicle, or person authorised by the owner, the custodian must give possession of the motor vehicle to the first claimant who satisfied the conditions set out in paragraph (18).

(21) Schedule 8 (removal of motor vehicles and recovery of penalty charges) has effect in relation to appeals against the imposition of penalty charges and the service of penalty charge notices.

(22) An adjudicator appointed by the Lord Chancellor under regulation 3 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 is an adjudicator for the purposes of hearing appeals under Schedule 8.

(23) If, after a motor vehicle has been disposed of by a custodian pursuant to this article, a person claims to have been the owner of the motor vehicle at the time when it was disposed of and the conditions specified in paragraph (24) are fulfilled, a sum calculated in accordance with paragraph (25) is payable by the custodian to the owner.

(24) The conditions are that—

(a) the person claiming satisfies the custodian that the person so claiming was the owner of the motor 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 motor vehicle was disposed of; and

(25) The sum payable under paragraph (23) is calculated by deducting from the proceeds of sale the sums that would have been payable under paragraph (18)(b) had the motor vehicle been claimed by the owner immediately before its disposal together with such penalty charge as may be imposed in respect of the disposal of a motor vehicle.

(26) Where it appears to the custodian of a motor 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 paragraph (24) as the owner for the purposes of this article.

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

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

Removal of other obstructions

45

(1) Where an obstruction or hazard is caused in the tunnels areas by a load falling from a motor vehicle and the person in charge of the motor 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 motor 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 motor vehicle from which it has fallen is not practicable or appropriate, must deliver the load to TfL or to a person authorised by TfL 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 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.

(5) 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 the 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) if the owner fails to act in accordance with the requirements in the notice, title in the load vests in the custodian.

(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 notice requirements, 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, and the driver of the motor vehicle fails to remove it or the fallen load poses a hazard, paragraphs (2) to (7) do not apply and 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.

Dangerous goods

46

(1) Charges imposed under article 54 (power to charge for use of the tunnels) may include provision for charges to be imposed for—

(a) escorting motor vehicles carrying dangerous goods through the tunnels; and

(b) the recovery of TfL's reasonable administrative costs incurred in granting applications for consent to taking such goods into the tunnels to the extent required by byelaws made under article 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall tunnel area).

(2) TfL is to be treated as having in the tunnels areas the same enforcement powers as any body mentioned in regulation 32 (enforcement) of the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations 2009 in relation to roads and to the extent permitted by regulation 32.

(3) The exercise of the enforcement powers mentioned in paragraph (2) is subject to any limitation which applies to the Health and Safety Executive under the regulations.

(4) Nothing in this article prejudices or prevents a body mentioned in regulation 32 of the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations 2009 from exercising any power conferred on it by those regulations.

47

(1) Regardless of anything contained in any enactment, no person is to enter upon, break up or interfere with the Silvertown 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 TfL and in accordance with such terms and conditions as TfL 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 68 (arbitration).

(2) This article is subject to paragraph 50 of Schedule 13 (protective provisions).

Byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area

48

(1) TfL may make byelaws regulating—

(a) the efficient management and operation of the tunnels areas;

(b) travel in the tunnels areas;

(d) the conduct of persons in the tunnels areas.

(2) The byelaws contained in Schedule 9 (Blackwall and Silvertown Tunnels byelaws)—

(a) are to be treated as byelaws made by TfL under paragraph (1) and subsequently confirmed by the Secretary of State on the date this Order comes into force;

(b) take effect on the date this article applies to the Blackwall Tunnel area or the Silvertown Tunnel area, as the case may be, by virtue of article 39 (application of Part 4); and

(c) continue to have effect in relation to the Blackwall Tunnel area and the Silvertown Tunnel area until such time as they are amended or revoked by further byelaws made under paragraph (1).

(3) Subject to paragraph (4), the provisions of subsections 236(3) to (8), (10C) and (11) of the Local Government Act 1972 (procedure etc., for byelaws) apply in relation to byelaws made by TfL under paragraph (1), except that the application of section 236(10C) only requires TfL to send a copy of any byelaws made by it and subsequently confirmed to—

(a) the Mayor of London;

(b) the Council of the London Borough of Newham;

(d) the Council of the Royal Borough of Greenwich.

(4) TfL may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016 as if those regulations applied to the making and revoking of byelaws under this article.

(5) Byelaws made under this article are enforceable by TfL and any authorised person.

(6) A person who breaches any 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.

(7) The Blackwall Tunnel By-laws 1968 are revoked as from the date of the commencement of construction of the Silvertown Tunnel.

Fixed penalty notices

49

(1) This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall 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 made—

(a) in person to the authorised person by cash, credit or debit card, if the authorised person has the necessary means to accept payment in that manner;

(b) by telephone by credit or debit card to the number stipulated in the fixed penalty notice for making payments; or

(8) TfL 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 the chief finance officer of TfL; 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.

(10) In this article—

“App” means a software application for use on an electronic device which provides for payment by credit or debit card and which is provided by TfL for that purpose;

“credit card” means a card or similar thing issued to any person, use of which enables the holder to defer payment of the deposit;

“debit card” means a card or similar thing issued by any person, use of which causes the deposit to be paid by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking facilities; and

“fixed penalty notice” means a notice offering the opportunity of the discharge of liability to conviction of an offence under byelaws made under article 48.

Classification of roads, etc.

50

(1) The roads described in paragraphs 1 to 3 and 19 to 22 of Part 1 of Schedule 10 (classification of roads, etc.) are to be classified as the A12 from such day as TfL may determine, as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act.

(2) The roads described in paragraphs 6 to 18 of Part 1 of Schedule 10 are be classified as the A102 from such day as TfL may determine, as if such classification had been made under section 12(3) of the 1980 Act.

(3) The roads described in paragraphs 4 to 18 of Part 1 of Schedule 10 are to become GLA roads on such day as TfL may determine, as if from that day they were the subject of an order directing the same under section 14B (orders of the authority changing what are GLA roads) of the 1980 Act.

(4) The road described in Part 2 of Schedule 10 is to cease to be a GLA road on such day as TfL may determine, as if from that day it was the subject of an order directing the same under section 14B of the 1980 Act.

(5) TfL must publish a notice in the London Gazette of any determination it makes under this article specifying the details of the determination and the date on which it takes effect.

Operational land for purposes of the 1990 Act

51

Development consent granted by this Order is to be treated as specific planning permission for the purposes of section 264(3)(a) (cases in which land is to be treated as operational land for the purposes of that Act) of the 1990 Act.

Restrictions on other works in the river Thames

52

(1) For the purposes of ensuring the protection of the Silvertown Tunnel, the PLA must not carry out the following activities within the part of the river Thames that is situated within the Order limits without the consent of TfL, which must not be unreasonably withheld or delayed—

(a) in Regions 1, 3 and 4 (subject to paragraph (2))—

(i) any dredging below the lines shown on the river restrictions section;

(ii) the installation of a mooring or other structure where its foundation would be at a depth exceeding 1 metre below the bed of the river Thames;

(iii) any piling activities; or

(iv) any designation of any anchorage; and

(b) in Region 2—

(i) any dredging which would result (either during the course of the dredging or on completion of the dredging) in the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum; or

(ii) any other activity which might reasonably be expected to result in any part of the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum,

subject, in relation to dredging (sub-paragraphs (a)(i) and (b)(i)) or any activity within sub-paragraph (b)(ii), to the addition of any ‘over-dredge’ of 0.5 metres where this occurs in the course of a standard dredging methodology being employed.

(2) In the event that the navigable channel of the river Thames has moved such that any part of it lies within Region 4, the PLA must give notice in writing to TfL as soon as reasonably practicable, and in any event before carrying out any dredging or other activity which as the result of the move requires TfL's consent under paragraph (1).

(3) A notice given under paragraph (2) has the effect that the restrictions applicable to Region 2 apply to that part of Region 4 within which any part of the navigable channel of the river Thames lies.

(4) Subject to paragraph (5), the PLA must not grant a river works licence under section 66 (licensing of works) of the 1968 Act or a dredging licence under section 73 (licensing of dredging, etc) of that Act—

(a) in respect of any Region, licensing any activity mentioned in paragraph (1)(a) or (1)(b); or

(b) within any new part of the river Thames, licensing any activity,

without the consent of TfL, which must not be unreasonably withheld or delayed.

(5) Paragraph (4) does not have effect until TfL has notified the PLA of a designation under paragraph (9)(a)(ii).

(6) If TfL receives an application for consent under paragraph (4) and fails to notify the PLA of its decision before the end of the period of 28 days beginning on the day on which the application was received, TfL is deemed to have refused its consent.

(7) If the PLA contravenes the provisions of paragraph (1), or if any activity is carried out by any other person but the provisions of paragraph (4) have not been complied with in relation to the activity, TfL may by notice in writing require the PLA, or the person who is carrying out or has carried out the activity concerned, to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of TfL) within a reasonable time specified in the notice and to restore the part of the river Thames concerned to its former condition. If the person to whom the notice is given fails to comply with the notice, TfL may carry out the work required by the notice and recover the reasonable costs of so doing from that person.

(8) After receiving from TfL as built drawings under paragraph 36 of Schedule 13 (protective provisions), the PLA must as soon as reasonably practicable update its navigation charts to illustrate the position of the Silvertown Tunnel.

(9) TfL must—

(a) designate—

(i) the person to whom notice should be given under paragraph (2); and

(ii) the person to whom an application for consent should be made under paragraph (4),

(and may from time to time alter any such designation); and

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

(10) For the purposes of this article any reference to a Region is a reference to the corresponding Region shown on the river restrictions plan and the grid coordinates of each Region are set out below and also shown on the river restrictions plan—

	Point reference	Easting	Northing
Region 1	1	539864.6015	180232.1903
Region 1	2	539847.9342	180191.5763
Region 1	3	539824.5778	180151.609
Region 1	4	539803.7353	180122.9387
Region 1	34	539861.0333	180050.4348
Region 1	35	539866.7186	180056.4268
Region 1	36	539902.0684	180100.2796
Region 1	37	539929.491	180145.2861
Region 2	5	539795.0307	180110.7227
Region 2	6	539763.774	180079.5465
Region 2	7	539726.8623	180046.611
Region 2	8	539693.5971	180012.3733
Region 2	9	539661.4484	179985.9174
Region 2	10	539660.3067	179984.9779
Region 2	26	539715.2125	179913.7872
Region 2	27	539721.437	179922.604
Region 2	28	539734.3574	179934.3838
Region 2	29	539747.3322	179946.2132
Region 2	30	539760.2525	179957.6318
Region 2	31	539789.1704	179980.5417
Region 2	32	539828.1578	180015.7859
Region 2	33	539850.7088	180039.5534
Region 3	11	539648.3561	179975.9124
Region 3	12	539614.2705	179951.6187
Region 3	13	539610.4355	179951.6816
Region 3	14	539592.3566	179937.4617
Region 3	15	539578.0493	179928.2188
Region 3	16	539571.9822	179924.3817
Region 3	17	539568.9903	179922.7014
Region 3	18	539559.0454	179917.192
Region 3	19	539550.5843	179913.8412
Region 3	20	539548.9716	179914.0205
Region 3	21	539541.4966	179912.8632
Region 3	22	539604.3438	179829.269
Region 3	23	539673.1334	179877.5185
Region 3	24	539704.0919	179903.7208
Region 4 north	4	539803.7353	180122.9387
Region 4 north	5	539795.0307	180110.7227
Region 4 north	33	539850.7088	180039.5534
Region 4 north	34	539861.0333	180050.4348
Region 4 south	10	539660.3067	179984.9779
Region 4 south	11	539648.3561	179975.9124
Region 4 south	24	539704.0919	179903.7208
Region 4 south	25	539714.0652	179912.162
Region 4 south	26	539715.2125	179913.7872

(11) In this article—

“new part of the river Thames” means any part of the river Thames within the Order limits (not shown on the river restrictions plan and the river restrictions section) that is created as a result of the river walls shown on that plan and section being repaired or replaced so that the width of the river Thames is increased;

“the river restrictions section” means the document of that description listed in Schedule 14 (documents to be certified) certified by the Secretary of State as the river restrictions section for the purposes of this Order;

“the river restrictions plan” means the document of that description listed in Schedule 14 certified by the Secretary of State as the river restrictions plan for the purposes of this Order; and

“the river Thames” means so much of the river Thames including streams, creeks and watercourses as is below mean high water level.

(12) Any dispute arising between TfL and the PLA under this article is to be determined as provided in article 68 (arbitration).

PART 5 — USER CHARGING

The charging policy

53

(1) TfL must exercise its functions under this Part in accordance with the policies and procedures set out in the charging policy.

(2) TfL may revise the charging policy but only after it has—

(a) consulted in relation to the proposed changes to the charging policy—

(i) organisations it considers representative of regular users of the tunnels; and

(ii) the members of STIG;

(b) had regard to the responses to the consultation carried out under sub-paragraph (a); and

(3) Any revised charging policy proposed by TfL will only have effect if it is approved by the Mayor of London, who may approve it with or without modifications.

(4) If the Mayor of London intends to approve a revised charging policy with material modifications, the Mayor of London must consult—

(a) organisations the Mayor considers representative of regular users of the tunnels; and

(b) the members of STIG,

on the proposed modifications and must have regard to any responses to the consultation received when deciding whether to approve a revised charging policy.

Power to charge for use of the tunnels

54

(1) Subject to and in accordance with the provisions of this Part, from the date when the Silvertown Tunnel is first opened for public use, TfL may levy charges in respect of motor vehicles using either of the tunnels.

(2) The charge payable to TfL for use of the tunnels by any motor vehicle is at such a level for that class of vehicle as TfL may from time to time determine.

(3) TfL may determine different charges (including a nil charge)—

(a) as between the tunnels;

(b) for different classes of motor vehicles;

(d) for different days of the week;

(e) for different directions of travel; and

(f) for different methods or means of recording, administering, collecting or paying the charge.

(4) Any charge payable to TfL under this article may be waived, suspended, reduced, compounded or discounted by TfL at any time.

(5) TfL must publish the charges determined under paragraph (3) in a statement of charges in such manner as TfL considers appropriate not later than 56 days before the charges are intended to take effect.

(6) The statement of charges published under paragraph (5) must set out, amongst other things—

(a) the tunnels in respect of which the charges apply;

(b) the classification of motor vehicles for the purposes of determining the charge payable by any motor vehicle;

(d) the amount of the charges payable;

(e) exemptions from charges;

(f) discounts from charges;

(g) any documents or equipment specified by TfL under article 55(3) (payment and recovery of charges and penalty charges);

(h) payment means or methods;

(i) a summary of the applicable enforcement provisions; and

(j) any matter related to the provisions applied by article 56(3) (penalty charges, examination of motor vehicles, etc.).

(7) Where any motor vehicle falls within the definition of more than one class of vehicles it is deemed to fall in the class of vehicle bearing the highest charge.

(8) References in this Part to classes of motor vehicles are references to the classes defined or described by reference to any characteristics of the motor vehicles or to any other circumstances.

Payment and recovery of charges and penalty charges

55

(1) The person liable to pay any charge payable under this Part, and any penalty charge imposed in connection with this Part, is the registered keeper of the motor vehicle concerned.

(2) The charge, and any penalty charge, must be paid by such methods or means as may be specified in the statement of charges published under article 54(5) (power to charge for use of the tunnels).

(3) To enable the collection of charges by a particular method or means of payment TfL may specify in the statement of charges—

(a) documents required to be displayed by; or

(b) equipment required to be carried on board,

any motor vehicle in respect of which the charge is to be paid using that method or means of payment.

(4) TfL may enter into an agreement with any person (“an advance payment agreement”) under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used in the Blackwall Tunnel or the Silvertown Tunnel may be paid in advance.

(5) An advance payment agreement may relate to such use of the Blackwall Tunnel or the Silvertown Tunnel, on such number of occasions or during such period, as may be provided by it, may provide for a reduction in the charges payable and may make any other necessary provision including in relation to payment of an administration charge.

(6) Where any charge payable under this Part, and any penalty charge imposed in connection with this Part, remains unpaid after it has become due for payment, TfL may recover from the person liable to pay the charge the amount of the charge together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of any such failure to pay.

(7) TfL may appoint any person to collect as its agent any charge payable under this Part and any penalty charge imposed in connection with this Part.

Penalty charges, examination of motor vehicles, etc.

56

(1) Regulations made under paragraph 12 (penalty charges) of Schedule 23 (road user charging) to the 1999 Act have effect in relation to the tunnels as if the statement of charges published under article 54(5) (power to charge for use of the tunnels) is a charging scheme made by order under that Schedule, TfL is the charging authority and the tunnels are the charging area.

(2) The following paragraphs of Schedule 23 to the 1999 Act, and any regulations made under them, have effect in relation to the tunnels as if the statement of charges published under article 54(5) is a charging scheme made by order under that Schedule, TfL is the charging authority and the tunnels are the charging area—

(a) paragraph 14 (installation of equipment on roads or elsewhere);

(b) paragraph 25 (offences);

(d) paragraph 27 (removal or immobilisation of motor vehicles); and

(e) paragraph 30 (evidence).

(3) Sections 5 (contravention of requirement of TfL scheme), 6 (extension of power to include enforcement provisions in TfL scheme) and 8 (failure to notify changes in eligibility for exemptions etc.) of the Transport for London Act 2008 apply to the tunnels as if the statement of charges published under article 54(5) is a TfL scheme within the meaning of that Act.

Application by TfL of charges levied

57

The charges payable under this Part, and any penalty charges imposed in connection with this Part, may be applied by TfL in—

(a) paying the costs and expenses incurred in planning, consenting, designing, constructing, managing, operating and maintaining the Silvertown Tunnel (including in relation to the implementation of necessary mitigation) and any costs associated with financing any of the same;

(b) paying the costs and expenses incurred in managing, operating and maintaining the Blackwall Tunnel and any costs associated with financing any of the same;

(c) providing such funds as are, or are likely to be, necessary to discharge TfL's obligations contained in any agreement entered into by TfL under article 59 (transfer of benefit of Order, etc.);

(d) making payment into any maintenance or reserve fund kept in respect of the Silvertown Tunnel or the Blackwall Tunnel; and

(e) making payments to TfL's general fund.

PART 6 — MISCELLANEOUS AND GENERAL

Benefit of Order

58

(1) Subject to article 59 (transfer of benefit of Order, etc.) and paragraph (2), the provisions of this Order conferring functions on TfL have effect solely for the benefit of TfL.

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

Transfer of benefit of Order, etc.

59

(1) TfL may, regardless of any provision in any enactment, enter into agreements—

(a) to transfer, charge or otherwise dispose of to another person (“the transferee”) any interest of TfL in the authorised development or TfL's right to construct, maintain, use or operate the authorised development; or

(b) to grant to another person (“the grantee”) for a period agreed between TfL and the grantee any interest of TfL in the authorised development or TfL's right to construct, maintain, use or operate the authorised development; and

and, with the consent of the Mayor of London, TfL may provide for the transferee, the grantee or another person to exercise or be responsible for any functions of TfL relevant to those agreements, including any of its functions under this Order, either exclusively or concurrently with TfL or any other person.

(2) Any agreement referred to in paragraph (1) may provide (to the extent TfL considers necessary in connection with the design, construction, financing, funding, maintenance, use or operation of the authorised development) for—

(a) any matters that are connected with the matters referred to in that paragraph or are consequential on them;

(b) the financing or defraying of, or the making of contributions by TfL or by any other person towards, the cost of designing, constructing, maintaining, using or operating the authorised development;

(c) TfL to provide services and facilities to the transferee, grantee or any other person on such terms (including as to payment) as the parties think fit; and

(d) TfL or the transferee, grantee or any other person to provide guarantees, indemnities or any other form of security.

(3) Where an agreement has been made under paragraph (1), references in this Order, or in any document certified under article 65 (certification of documents), to TfL are to be read as including references to the transferee, the grantee or any other person who may exercise, enjoy or be responsible for any functions of TfL pursuant to that agreement.

(4) Paragraph (3) does not apply to—

(a) the code of construction practice mentioned in paragraph 5 of Schedule 2 (requirements); and

(b) references to “the TfL Board” in Procedure 1 and Procedure 2 of the charging policy.

(5) The exercise by any person further to any agreement made under paragraph (1), of the functions conferred by or under this Order or any other enactment, is subject to the same restrictions, liabilities and obligations as would apply by or under this Order if those powers were exercised by TfL.

(6) Subject to paragraph (7), any consent given by the Mayor of London under paragraph (1) may be given subject to such reasonable terms and conditions as the Mayor considers appropriate in the circumstances.

(7) The Mayor of London must not give consent under paragraph (1) to any proposal for the transfer of any compulsory acquisition or temporary possession function unless the Secretary of State has certified in writing that the Secretary of State is satisfied that the person proposed to exercise or be responsible for that function has sufficient resources to discharge all associated compensation liabilities.

(8) TfL must within 10 business days after entering into an agreement under paragraph (1) in relation to which any functions of TfL in respect of the deemed marine licence granted by article 62 are transferred to another party, notify the MMO in writing, and the notice must include particulars of the other party to the agreement under paragraph (1) and details of the extent, nature and scope of the functions transferred or otherwise dealt with which relate to the deemed marine licence granted under article 62.

(9) In this article—

(a) “compulsory acquisition or temporary possession function” means any function of TfL under articles 19, 22, 23, 27, 28, 29 and 30;

(b) “functions” means statutory and other powers, duties, rights, interests and obligations;

(c) references to the authorised development include references to any land held in connection with the authorised development; and

(d) references to the authorised development include references to the provisions of this Order relating to the use and operation of the Blackwall Tunnel.

Application of landlord and tenant law

60

(1) This article applies to any agreement entered into by TfL under article 59 (transfer of benefit of Order, etc.) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.

(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 enactment or rule of law to which paragraph (2) applies is to apply 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.

Traffic regulation measures

61

(1) Subject to the provisions of this article, TfL may, for the purposes of the authorised development—

(a) make provision, in respect of those roads specified in column (2) of Part 1 of Schedule 11 (traffic regulation measures, etc.), as to the speed limit and restricted road status of those roads as specified in column (3) of that Part of that Schedule;

(b) make provision, in respect of those roads specified in column (2) of Part 2 of Schedule 11, as to the clearway status of, and the application of other prohibitions to, those roads as specified in column (3) of that Part of that Schedule;

(c) make provision, in respect of those roads specified in column (2) of Part 3 of Schedule 11, as to prescribed routes to apply to those roads as specified in column (3) of that Part of that Schedule;

(d) in respect of those roads specified in column (2) of Part 4 of Schedule 11, revoke or vary the orders specified in column (3) of that Part of that Schedule in the manner specified in column (4) of that Part of that Schedule;

(e) vary the orders specified in column (2) of Part 5 of Schedule 11 in the manner specified in column (3) of that Part of that Schedule; and

(f) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by TfL under this paragraph.

(2) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those regulations.

(3) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, TfL may, in so far as necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance and operation 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;

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

(e) permit 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 TfL.

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

(5) TfL must not exercise the powers conferred by paragraph (1) or (3) unless TfL has—

(a) given not less than—

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

(ii) 4 weeks' notice in writing of TfL's 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 traffic authority in whose area the road is situated and that notice must include the time periods within which the traffic authority may specify the manner in which, under sub-paragraph (b), TfL must advertise its intention to exercise the powers conferred by paragraph (1) or (3); and

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

(6) Any prohibition, restriction or other provision made by TfL under paragraph (1) or (3)—

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

(i) the 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) 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;

(b) is deemed to be a traffic order for the purposes of, as the case may be—

(i) Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act; or

(ii) Part 2 (bus lanes) to the London Local Authorities Act 1996 ; and

(c) must be advertised in the same manner as TfL's intention to make the prohibition, restriction or other provision was under paragraph (5)(b).

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by TfL from time to time by subsequent exercise of the powers conferred by paragraph (1) or (3) within a period of 24 months from the opening of the Silvertown Tunnel for public use.

(8) Before exercising the powers conferred by paragraphs (1) or (3) TfL must consult such persons as TfL considers necessary and appropriate and have regard to the representations made to TfL by any such person.

(9) In the case of Saffron Avenue as identified in Part 2 of Schedule 11 (traffic regulation measures, etc.) (and shown on sheet 4 of the traffic regulation measures (clearways and prohibitions) plans), the powers conferred by this article cannot be exercised by TfL without the consent of the owner of that road.

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

Deemed marine licence

62

The marine licence set out in Schedule 12 (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.

Defence to proceedings in respect of statutory nuisance

63

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by TfL for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out 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) of the Control of Pollution Act 1974 ;

(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 of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by TfL for the purposes of or in connection with the construction or maintenance of the authorised development.

Protective provisions

64

Schedule 13 (protective provisions) has effect.

Certification of documents

65

(1) As soon as practicable after the making of this Order, TfL must submit copies of each of the plans and documents set out in Schedule 14 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 14 requires to be amended to reflect the terms of the Secretary of State's decision to make this Order, that plan or document in the form amended to the Secretary of State's satisfaction is the version of the document required to be submitted for certification under paragraph (1).

(3) A plan or document so certified is admissible in any proceedings as evidence of the contents of the document of which it is a copy.

(4) TfL must, following certification of the plans and documents in accordance with paragraph (1), make those plans and documents available in electronic form for inspection by members of the public.

Silvertown Tunnel Implementation Group

66

(1) TfL must establish and fund the reasonable secretarial and administrative costs of a consultative body to be known as the Silvertown Tunnel Implementation Group (in this Order referred to as “STIG”).

(2) STIG will comprise one representative of each of the following bodies—

(a) TfL;

(b) the GLA;

(d) the Council of the London Borough of Bexley;

(e) the Council of the London Borough of Bromley;

(f) the City of London Corporation;

(g) the Council of the Royal Borough of Greenwich;

(h) the Council of the London Borough of Hackney;

(i) the Council of the London Borough of Lewisham;

(j) the Council of the London Borough of Newham;

(k) the Council of the London Borough of Redbridge;

(l) the Council of the London Borough of Southwark;

(m) the Council of the London Borough of Tower Hamlets;

(n) the Council of the London Borough of Waltham Forest; and

(o) Highways England, or any other person which in place of Highways England—

(i) is for the time being the traffic authority for the Dartford river crossings between Dartford, Kent and Thurrock, Essex; or

(ii) is for the time being the traffic authority for the proposed new river crossing known as the Lower Thames Crossing east of Gravesend, Kent and Tilbury, Essex, if the crossing is granted development consent under the 2008 Act.

(3) Each body mentioned in paragraph (2)(b) to (2)(o) above must notify TfL of the identity of its nominated representative.

(4) If any person nominated under paragraph (3) cannot attend a STIG meeting, the nominating body may nominate a person (on an occasional or standing basis, as it determines) to act as the nominating body's substitute representative at the meeting.

(5) TfL must consult the other members of STIG on the following matters relating to implementation of the authorised development—

(a) the extent, nature and duration of monitoring to be implemented in accordance with the monitoring and mitigation strategy;

(b) the proposals for the initial bus services that will operate through the tunnels when the Silvertown Tunnel opens for public use;

(d) any proposed revisions to the charging policy under article 53 (the charging policy); and

(e) the level of charges required to be paid for use of the tunnels under article 54 (power to charge for use of the tunnels) and any exemptions and discounts.

(6) In taking any decision in respect of any of the matters set out in paragraph (5), TfL must have regard to any recommendations or representations made by a member of STIG in response to the consultation carried out under that paragraph.

(7) Unless otherwise agreed by STIG, TfL must convene a meeting of STIG, chaired by a representative elected by the members of STIG, at least twice a year on a date to be determined by TfL, including on each occasion that TfL publishes a monitoring report in accordance with the monitoring and mitigation strategy.

(8) The first meeting of STIG must be held not less than three years before the date on which the Silvertown Tunnel is expected to open for public use.

(9) Part VA (access to meetings and documents of certain authorities, committees and sub-committees) of the Local Government Act 1972 and the Public Bodies (Admission to Meetings) Act 1960 do not apply to STIG or to its meetings or proceedings.

(10) TfL must publish on its website agendas, reports, minutes and other relevant documents relating to the operation of STIG as soon as reasonably practicable after they become available.

Service of notices

67

(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

(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) 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 is 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;

(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 must 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 is final and takes 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 must not 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

68

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.

Consents, agreements and approvals

69

(1) Where any application is made to a relevant authority, the consent, agreement or approval concerned must, if given, be given in writing and is not to be unreasonably withheld or delayed.

(2) If a relevant authority which has received an application fails to notify TfL of its decision before the end of the period of 28 days beginning with the date on which the application was received, the relevant authority is deemed to have given its consent, agreement or approval, as the case may be.

(3) Any application to which this article applies must include a written statement that the provisions of paragraph (2) apply to that application.

(4) In this article—

“application” means an application or request for any consent, agreement or approval required or contemplated by articles 6 (street works), 8 (construction and maintenance of new, altered or diverted streets), 10 (temporary stopping up and restriction of use of streets), 11 (access to works), 16 (authority to survey and investigate land) and 61 (traffic regulation measures); and

“relevant authority” means a planning authority, a traffic authority, a highway authority or a street authority.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In—

the Royal Borough of Greenwich in respect of part of Work No. 1 and the whole of Work Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14; and

in the London Borough of Newham in respect of part of Work No. 1 and the whole of Work Nos. 15, 16, 17, 18, 19, 20A and 20B,

a development which, in accordance with a direction made by the Secretary of State for Transport on 25 June 2012 under section 35[^f00093] (directions in relation to projects of national significance) of the 2008 Act, is development for which development consent is required, and associated development within the meaning of section 115(2)[^f00094] (development for which development consent may be granted) of the 2008 Act, comprising—

Work No. 1 – shown on sheets 1, 2 and 3 of the works plans and being the construction of a twin bore highway tunnel for a length of 1,440 metres from a portal on the Greenwich peninsula in the Royal Borough of Greenwich, and passing beneath the river Thames, to a portal in Silvertown in the London Borough of Newham, to include—

(a) the construction of a section of cut and cover tunnel, between its portal on the Greenwich peninsula (the South Portal) and the tunnel-boring machine launch chamber located on the Greenwich peninsula, and comprising either a cellular tunnel or two tunnels, one for northbound traffic and one for southbound traffic with two-lane carriageways in each direction, and including the south portal and cross-passages connecting the two tunnels;

(b) the construction of a section of bored tunnel, comprising two tunnels, one for northbound traffic and one for southbound traffic, with two-lane carriageways in each direction, between the tunnel-boring machine launch chamber located in Silvertown and the tunnel-boring machine launch chamber located on the Greenwich peninsula, including cross-passages connecting the two tunnels;

(c) the construction of a section of cut and cover tunnel between its portal in Silvertown (the North Portal) and the tunnel-boring machine launch chamber located in Silvertown, and comprising either a single cellular tunnel or two tunnels, one for northbound traffic and one for southbound traffic with two-lane carriageways in each direction, and including the north portal and cross-passages connecting the two tunnels;

(d) the construction of an anti-recirculation wall at the South Portal;

(e) the construction of two tunnel-boring machine launch chambers, one in the London Borough of Newham (Silvertown) and one in the Royal Borough of Greenwich (Greenwich peninsula); and

(f) the construction (and subsequent removal on completion of construction of the authorised development) of a temporary decked car park situated on land lying between West Parkside and Millennium Way, and being required in consequence of the construction of Work Nos. 1 (a) and (d) (Greenwich peninsula) to provide replacement car parking facilities for the O2 Arena during construction of the authorised development.

Work No. 2 – shown on sheet 1 of the works plans and being the improvement of the existing two-lane A102 Blackwall Tunnel southern approach southbound carriageway over a length of 595 metres from a point 260 metres south of the existing Blackwall Tunnel Southbound South Portal to a point 20 metres south of the existing gantry on the existing slip road leading to Millennium Way, to include—

(a) the improvement of the existing A102 Blackwall Tunnel southern approach southbound two-lane carriageway;

(b) the construction of retaining walls of varying heights in highway verges to retain the A102 Blackwall Tunnel southern approach southbound carriageway;

(c) the construction of a new overbridge to carry the realigned A102 Blackwall Tunnel southern approach southbound two-lane carriageway over the proposed Silvertown Tunnel southern approach northbound carriageway (Work No. 5);

(d) the widening of the existing A102 Blackwall Tunnel southern approach southbound carriageway to create new two lanes and a weaving section between the Silvertown Tunnel southern approach southbound carriageway (Work No. 6) and the existing diverge slip road leading to Millennium Way (Work No. 7);

(e) the improvement of the central reservation between the improved A102 Blackwall Tunnel southern approach northbound and southbound carriageways;

(f) the construction of new cross-over facilities in the central reservation;

(g) the construction of new overhead signage and traffic management equipment gantries;

(h) the construction of new access and egress for premises known as Studio 338, as shown on sheet 1 of the rights of way and access plans;

(i) the provision of an improved non-motorised user route alongside the improved A102 Blackwall Tunnel southern approach southbound carriageway;

(j) the provision of planting and landscaping;

(k) the removal of an existing gas pressure reduction station; and

(l) the removal of redundant existing gantries.

Work No. 3 – shown on sheet 1 of the works plans and being the improvement of the existing two-lane A102 Blackwall Tunnel southern approach northbound carriageway over a length of 500 metres from a point level with the existing gantry on the existing southbound diverge slip road leading to Millennium Way to its tie-in with the existing carriageway at a point 65 metres north of the existing Blackwall Tunnel Gatehouse, to include—

(a) the improvement of the existing two-lane A102 Blackwall Tunnel southern approach northbound carriageway;

(b) the widening of the existing A102 Blackwall Tunnel southern approach northbound carriageway to accommodate a new two-lane diverge slip road to the northbound carriageway of the proposed Silvertown Tunnel southern approach northbound (Work No. 5);

(c) works associated with the improvement of the central reservation between the improved A102 Blackwall Tunnel southern approach northbound and southbound carriageways (Work No. 2(e));

(d) works associated with the construction of new cross-over facilities in the central reservation (Work No. 2(f));

(e) works associated with the construction of new overhead signage and traffic management equipment gantries (Work No. 2(g));

(f) the provision of planting and landscaping; and

(g) the removal of redundant existing gantries.

Work No. 4 – shown on sheet 1 of the works plans and being the works required for the improvement of the existing Tunnel Avenue from a point 65 metres south of a point level with the junction of the existing Tunnel Avenue with Morden Wharf Road, to a point adjacent to the location of the existing Blackwall Tunnel Gatehouse, to include—

(a) works to improve the alignment of the existing Tunnel Avenue to provide a segregated and independent local two-way carriageway over a length of 485 metres;

(b) the construction of new (replacement) private means of access to local business premises as shown on sheet 1 of the rights of way and access plans, and replacement car parking;

(c) the construction of an improved bus-only access to, and operational egress from, the A102 Blackwall Tunnel southern approach northbound carriageway (Work No. 3);

(d) the construction of a new hardened verge between the improved Tunnel Avenue and the A102 Blackwall Tunnel southern approach northbound carriageway (Work No. 3);

(e) the construction of new overhead signage and traffic management equipment gantries;

(f) the removal of redundant existing gantries; and

(g) the provision of improved non-motorised user route alongside the improved Tunnel Avenue.

Work No. 5 – shown on sheet 1 of the works plans and being the construction of a new two-lane carriageway over a length of 150 metres, forming the proposed Silvertown Tunnel southern approach northbound carriageway from the proposed diverge nosing (from Work No. 3) to the proposed South Portal of the Silvertown Tunnel (Greenwich), to include—

(a) the construction of a two-lane open-cut carriageway, with a retaining wall of varied height in the western verge, passing under the new overbridge carrying the improved A102 Blackwall Tunnel southern approach southbound carriageway (Work No. 2);

(b) the construction of a ground slab beneath the carriageway; and

Work No. 6 – shown on sheet 1 of the works plans and being the construction of a new two-lane carriageway over a length of 160 metres, forming the proposed Silvertown Tunnel southern approach southbound carriageway from the proposed South Portal of the Silvertown Tunnel (Greenwich) to the proposed merge nosing with the improved A102 Blackwall Tunnel southern approach southbound carriageway (Work No. 2), to include—

(a) the construction of a two-lane open-cut carriageway with a retaining wall of varied height in the eastern verge and maintenance access;

(b) the construction of a ground slab beneath the carriageway; and

Work No. 7 – shown on sheet 1 of the works plans and being the improvement of 45 metres of the A102 Blackwall Tunnel southern approach southbound carriageway two-lane diverge slip road leading to the existing Millennium Way, to include works to tie in the improved highway with the existing highway.

Work No. 8 – shown on sheet 1 of the works plans and being the construction of a new cross-over between the northbound and southbound carriageways of the improved A102 Blackwall Tunnel southern approach (Work Nos. 2 and 3).

Work No. 9 – shown on sheet 1 of the works plans and being the construction of a new bus-only carriageway, with a combined length of 185 metres, linking the existing A102 Blackwall Tunnel southern approach southbound carriageway with the existing northbound carriageway of Millennium Way and linking to the new bus-only carriageway (Work No. 10), including—

(a) the construction of diverge bus-only access carriageway from the existing A102 Blackwall Tunnel southern approach southbound carriageway (to the north of Work No. 2);

(b) the construction of a new bus-only carriageway with a length of 35 metres providing a direct link between the new bus-only diverge from the southbound A102 Blackwall Tunnel southern approach carriageway (Work No. 9(a)) and the new bus-only merge to the northbound Silvertown Tunnel southern approach (Work No. 10); and

Work No. 10 – shown on sheet 1 of the works plans and being the improvement of the existing Pavilion Lane to provide a new bus-only carriageway, over a length of 215 metres linking the existing northbound carriageway of Millennium Way with the northbound carriageway of the proposed Silvertown Tunnel southern approach (Work No. 5), to include—

(a) the construction of a new bus-only junction to provide access from the existing northbound carriageway of Millennium Way;

(b) the construction of a new carriageway and a retaining wall of varied height in the eastern verge with maintenance access;

(c) the construction of a new bus-only junction to provide access to the proposed Silvertown Tunnel southern approach northbound carriageway (Work No. 5);

(d) the construction of a ground slab beneath the carriageway;

(e) the construction of a drainage attenuation tank and associated infrastructure; and

(f) the construction of a replacement private means of access to an existing electricity substation, from the northbound carriageway of the existing Millennium Way, as shown on sheet 1 of the rights of way and access plans.

Work No. 11 – shown on sheet 1 of the works plans and being the construction of a new Boord Street foot and cycle bridge to provide access for non-motorised users across the A102 Blackwall Tunnel southern approach and Tunnel Avenue in the vicinity of the western end of Boord Street, to include—

(a) works to remove the existing Boord Street footbridge;

(b) the construction of a new bridge deck and parapets spanning over the improved A102 Blackwall Tunnel southern approach southbound and northbound carriageways (Work Nos. 2 and 3) and Tunnel Avenue (Work No. 4);

(d) the construction of a non-motorised user route across the proposed new Boord Street foot and cycle bridge as shown on sheet 1 of the rights of way and access plans.

Work No. 12 – shown on sheet 1 of the works plans and being the works associated with the construction of a Silvertown Tunnel services compound in the vicinity of the South Portal (Greenwich), to include—

(a) the construction of tunnel services buildings;

(b) the construction of a new private means of access to the tunnel services compound from the existing northbound carriageway of Millennium Way, as shown on sheet 1 of the rights of way and access plans;

(d) the construction of replacement private means of access to land surrounding the existing gasholder, from the existing northbound carriageway of Millennium Way, as shown on sheet 1 of the rights of way and access plans;

(e) the provision of security fencing and bollards; and

(f) the provision of landscaping.

Work No. 13 – shown on sheet 1 of the works plans and being the construction of a replacement gas pressure reduction station (PRS) (removed under Work No. 2) at a location to the west of the existing northbound carriageway of Millennium Way, including a new private means of access as shown on sheet 1 of the rights of way and access plans.

Work No. 14 – shown on sheet 1 of the works plans and being the permanent diversion of statutory undertakers’ apparatus and works associated with such diversions, located in Boord Street and Millennium Way.

Work No. 15 – shown on sheet 3 of the works plans and being the construction of the new Silvertown Tunnel northern approach, to include—

(a) the improvement of a length of 140 metres of the existing northbound and southbound two-lane standard carriageways of the A1020 Lower Lea Crossing from the point at which it crosses the DLR to its junction with the improved Tidal Basin Roundabout (Work No. 16);

(b) the construction of a two-lane carriageway over a length of 70 metres forming the new southbound carriageway of the Silvertown Tunnel northern approach, crossing through the improved Tidal Basin Roundabout (Work No. 16);

(c) the construction of a new open-cut highway over a length of 220 metres with two-lane carriageways in each direction from the junction with the improved Tidal Basin Roundabout (Work No. 16) to the proposed North Portal of the Silvertown Tunnel (Silvertown) (Work No. 1) and with retaining walls of varied height in both verges;

(d) the construction of an anti-recirculation wall at the North portal;

(e) the construction of a ground slab beneath the carriageway;

(f) the construction of a new central reservation between the northbound and southbound carriageways of the new Silvertown Tunnel northern approach, including a new cross-over facility;

(g) the construction of a new overhead signage and traffic management equipment gantry;

(h) the construction of an improved non-motorised user route along the improved A1020 Lower Lea Crossing with crossing points;

(i) the construction of a new slip road from the southbound carriageway of the improved A1020 Lower Lea Crossing linking to the improved Tidal Basin Roundabout (Work No. 16);

(j) the construction of a new slip road between the existing A1020 Silvertown Way northbound off-slip and the new Silvertown Tunnel northern approach southbound carriageway; and

(k) the construction of drainage attenuation tanks and associated infrastructure behind the retaining walls of the open cut section of the new Silvertown Tunnel northern approach.

Work No. 16 – shown on sheet 3 of the works plans and being the improvement of the existing Tidal Basin Roundabout for a length of 415 metres, to include—

(a) the construction of an improved, signalised three-lane roundabout gyratory section;

(b) the construction of an improved private means of access to the DLR assets, as shown on sheet 3 of the rights of way and access plans;

(c) the construction of an improved private means of access to existing statutory undertakers’ apparatus, as shown on sheet 3 of the rights of way and access plans;

(d) the construction of an improved and signal-controlled non-motorised user route around and across the improved Tidal Basin Roundabout; and

(e) the construction of a drainage attenuation tank and associated infrastructure within the improved Tidal Basin Roundabout.

Work No. 17 – shown on sheet 3 of the works plans and being the works associated with the construction of a Silvertown tunnel services compound in the vicinity of the North Portal (Silvertown), to include—

(a) the construction of tunnel services buildings;

(b) the construction of a new private means of access to the tunnel services compound from the realigned Dock Road (Work No. 18) as shown on sheet 3 of the rights of way and access plans;

(d) the construction of a drainage attenuation tank and associated infrastructure to the west of the proposed Silvertown Tunnel northern approach (Work No, 15);

(e) the provision of security fencing and bollards; and

(f) the provision of landscaping.

Work No. 18 – shown on sheet 3 of the works plans and being the construction of Dock Road on a new alignment, for a length of 430 metres, to include—

(a) the construction of a new two-lane highway with a single carriageway in each direction, from a point adjacent to the existing stairs from Dock Road to Silvertown Way, to a junction with the improved Tidal Basin Roundabout (Work No. 16), and including a length of new highway leading to the new private means of access to the tunnel services compound (Work No. 17(b));

(b) the construction of new non-motorised user routes including pedestrian and cyclist crossings;

(c) the construction of replacement private means of accesses to local business premises, as shown on sheet 3 of the rights of way and access plans;

(d) the construction of a new junction with Scarab Close as shown on sheet 3 of the rights of way and access plans including a new retaining wall of varying height to support the existing DLR embankment; and

(e) the construction of a drainage attenuation tank and associated infrastructure to the west of the proposed Silvertown Tunnel northern approach (Work No. 15) including a new drainage outfall connecting to the existing drainage culvert passing beneath the existing DLR embankment.

Work No. 19 – shown on sheet 3 of the works plans and being the improvement to the existing Tidal Basin Road for a length of 280 metres, to include resurfacing works to the existing Tidal Basin Road from the junction with the improved Tidal Basin Roundabout (Work No. 16) to the existing junction with the A1011/A1020 Silvertown Way southbound carriageway.

Work No. 20A – shown on sheet 3 of the works plans and being the construction (and subsequent removal on completion of construction of the authorised development) of a temporary jetty for the transportation of materials associated with the construction of the authorised development, adjacent to the existing Royal Victoria Dock outfall on the north bank of the river Thames in the area known as Thames Wharf, comprising—

(a) the jetty; and

(b) related dredging works and construction operations (including piling and scour preventative and remedial works) within the river Thames,

and associated works required for strengthening of the existing river wall; all such works and operations to be within the area delineated in relation to Work No. 20A and shown on sheet 3 of the works plans.

Works No. 20B – shown on sheet 3 of the works plans and comprising—

(a) dredging works and construction operations (including piling and scour preventative and remedial works) within the river Thames;

(b) the placing of any mooring buoy, or any buoy for navigation or other purposes;

(d) the alteration, cleaning, modification and refurbishment of the existing NAABSA (Not Always Afloat But Safely Aground) berth to enable it to be used in connection with the construction of the authorised development,

all such works and operations to be within the area delineated in relation to Work No. 20B and shown on sheet 3 of the works plans.

And for the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development consisting of—

(a) works within highways, including—

(i) alteration of the layout of any street permanently or temporarily, including increasing the width of the carriageway of any street by reducing the width of any kerb, footway, cycleway, or verge within the street; and altering the level or increasing the width of any such kerb, footway, cycleway or verge within the street, works for the strengthening, improvement, repair, maintenance or reconstruction of any street;

(ii) street works, including breaking up or opening a street, or any sewer, drain or tunnel under it, and tunnelling or boring under a street;

(iii) relocation or provision of new road traffic signs, signals, street lighting and carriageway lane markings; and

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