The Silvertown Tunnel Order 2018

• (iv) works to place, alter, remove or maintain street furniture or apparatus (including statutory undertakers’ apparatus) in, under or above a street, including mains, sewers, drains, pipes, cables, cofferdams, lights, fencing and other boundary treatments;

• (b) works within the river Thames (to the extent that they are situated within the Order limits) to—

• (i) alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure (including river walls);

• (ii) carry out excavations and clearance, deepening, scouring, cleansing, dumping and pumping operations;

• (iii) carry out dredging, which may include such dredging works as may be required to provide side slopes or otherwise secure the dredged area against situation, scouring or collapse;

• (iv) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995[^f00095]) obtained in carrying out any such operations;

• (v) remove or relocate any mooring (including NAABSAs (Not Always Afloat But Safely Aground) being berths in tidal waters, which are exposed at low water);

• (vi) remove and relocate any vessel or structure sunk, stranded, abandoned, moored or left (whether lawfully or not);

• (vii) temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river, and in the event that the level of any part of the bed of the river is of a depth exceeding 5.80 metres below chart datum, re-establish the affected part of the bed of the river to that level in accordance with approval given by the PLA under paragraph 34 of Schedule 13 (protective provisions); and

• (viii) construct, place and maintain works and structures including piled fenders, protection piles and cofferdams; and

• (c) other works and development—

• (i) for the strengthening, alteration or demolition of any building;

• (ii) to place, alter, divert, relocate, protect, remove or maintain services, plant and other apparatus and equipment belonging to statutory undertakers, utility companies and others in, under or above land, including mains, sewers, drains, pipes, cables, lights, cofferdams, fencing and other boundary treatments including bollards;

• (iii) ramps, steps, footpaths, footways, cycle tracks, cycleways, bridleways, equestrian tracks, non-motorised user routes or links, byways open to all traffic and crossing facilities;

• (iv) embankments, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, drainage works, outfalls, pollution control devices, pumping stations, culverts, wing walls, fire suppression system water tanks and associated plant and equipment, highway lighting and fencing;

• (v) settlement 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;

• (vi) to alter the course of, or otherwise interfere with, navigable or non-navigable watercourses;

• (vii) landscaping, noise barriers, works associated with the provision of ecological mitigation, and other works to mitigate any adverse effects of the construction, operation or maintenance of the authorised development;

• (viii) areas of hard or soft landscaping works, or public realm, at various locations adjacent to the proposed highway and associated works;

• (ix) site preparation works, site clearance (including fencing and other boundary treatments, vegetation removal, works of demolition, including demolition of existing structures, and the creation of alternative highways or footpaths) and earthworks (including soil stripping and storage and site levelling);

• (x) construction compounds and working sites, temporary structures, storage areas (including storage of spoil and other materials), temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, office facilities, other ancillary accommodation, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences;

• (xi) service compounds, plant and equipment rooms, offices, staff mess rooms, welfare facilities, and other ancillary and administrative accommodation;

• (xii) for the benefit or protection of the authorised development; and

• (xiii) 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 which do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Part of this Schedule—

• “the biodiversity action plan and mitigation strategy” means the biodiversity action plan and mitigation strategy contained in appendix 9.H of the environmental statement;

• “the bus strategy” means the document of that description set out in Schedule 14 (documents to be certified) certified by the Secretary of State as the bus strategy for the purposes of this Order;

• “the code of construction practice” means the document of that description set out in Schedule 14 certified by the Secretary of State as the code of construction practice for the purposes of this Order and which sets a framework to control impacts arising from construction of the authorised development;

• “the design principles” means the document of that description set out in Schedule 14 certified by the Secretary of State as the design principles for the purposes of this Order and which set out the principles for the detailed design of the authorised development;

• “the flood risk assessment” means the revised flood risk assessment contained in substituted appendix 16.A of the environmental statement;

• “the landscaping plan” means the plan of that description set out in Schedule 14 certified by the Secretary of State as the landscaping plan for the purposes of this Order and which set out the proposed landscaping to be implemented as part of the authorised development;

• “the Silvertown Tunnel Design Review Panel” means the panel set up and administered by Urban Design London to provide design assurance throughout the detailed design process for the authorised development, whose terms of reference are attached to the design principles; and

• “the Silvertown Tunnel Stakeholder Design Consultation Group” means the group set up and administered by TfL to provide stakeholders with an opportunity to comment on the external appearance of the above ground elements of the authorised development throughout the detailed design process for the authorised development, whose terms of reference are attached to the design principles.

Time limit for commencement of the authorised development

2

The authorised development must commence within 5 years of the date on which this Order comes into force.

Design principles and design review panel

3

• (1) The authorised development must be designed and implemented—

• (a) in accordance with the design principles; and

• (b) in general accordance with the general arrangement plans.

• (2) TfL must consult with—

• (a) the Silvertown Tunnel Design Review Panel; and

• (b) the Silvertown Tunnel Stakeholder Design Consultation Group,

during the detailed design of the authorised development and in the manner provided for by the design principles and have regard to the responses received.

Detailed design of above ground buildings and structures

4

• (1) Construction of each part of the authorised development specified in column (1) of the table below must not commence until the details of the elements specified in relation to that part in column (2) of that table have been submitted to and approved in writing by the relevant planning authority.

(1)Part of the authorised development	(2)Elements to be approved
Work No. 1(d)	External appearance
Work No. 5(a)	External appearance of the retaining wall
Work No. 6(a)	External appearance of the retaining wall
Work No. 10(b)	External appearance of the retaining wall
Work No. 11(b)	Siting, design and external appearance
Work No. 11(c)	Siting, design and external appearance
Work No. 12(a)	Siting, design and external appearance
Work No. 12(c)	Siting, design and external appearance of the operational parking facilities
Work No. 12(e)	Siting, design and external appearance
Work No. 13	Siting, design and external appearance
Work No. 15(c)	External appearance of the retaining walls
Work No. 15(d)	External appearance
Work No. 17(a)	Siting, design and external appearance
Work No. 17(c)	Siting, design and external appearance of the operational parking facilities
Work No. 17(e)	Siting, design and external appearance
Work No.18(d)	External appearance of the retaining wall
Any above ground permanent work constructed as ancillary or related development under paragraph(c)(i) – (xii) of Schedule 1 which constitutes a viaduct, bridge, retaining wall or wing wall, or under paragraph (c)(xiii) of Schedule 1 which constitutes a permanent above ground building or structure, and ordinarily would not benefit from planning permission granted under article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 , unless otherwise agreed in writing between the relevant planning authority and TfL.	External appearance

• (2) The authorised development must be carried out in accordance with details approved by the relevant planning authority under sub-paragraph (1).

Code of construction practice and related plans and strategies

5

• (1) The authorised development must be carried out in accordance with the code of construction practice.

• (2) No part of the authorised development may be commenced until the following plans and strategies, required by the code of construction practice, have been prepared for that part of the authorised development—

• (a) Construction Site River Strategy: to be prepared in consultation with the relevant planning authority and the PLA;

• (b) Emergency Plan: to be prepared in consultation with the local emergency services and the relevant planning authority;

• (c) Fire Plan: to be prepared in consultation with the London Fire and Emergency Planning Authority;

• (d) Lighting Management Plan: to be prepared in consultation with the relevant planning authority, the PLA and the Environment Agency; and

• (e) Site Waste Management Plan: to be prepared in consultation with the relevant planning authority and the Environment Agency.

• (3) No part of the authorised development may be commenced until the following plans and strategies, required by the code of construction practice, have been prepared for that part of the authorised development and approved by the relevant planning authority, the Environment Agency or the PLA (as the case may be)—

• (a) Air Quality Management Plan: to be approved by the relevant planning authority ...;

• (b) Archaeological Written Scheme of Investigation: to be prepared in consultation with Historic England and, in respect of any elements within the river Thames, the PLA and the MMO, and approved by the relevant planning authority;

• (c) Community Engagement Plan: to be approved by the relevant planning authority;

• (d) Construction Materials Management Plan incorporating commitments to river transport: to be approved by the relevant planning authority;

• (e) Construction Traffic Management Plan: to be approved by the relevant planning authority, in consultation with the relevant highway authority;

• (f) Ecology Management Plan: to be prepared in consultation with Natural England and approved by the relevant planning authority;

• (g) Flood Warning and Evacuation Plan (which forms part of the Emergency Plan to be prepared under sub-paragraph (2)(b)): to be approved by the relevant planning authority, in consultation with the Environment Agency;

• (h) Groundwater Monitoring and Verification Plan: to be approved by the Environment Agency;

• (i) Noise and Vibration Management Plan: to be approved by the relevant planning authority;

• (j) Passage Plan: to be approved by the PLA; and

• (k) Construction Environmental Management Plan: to be approved by the relevant planning authority in consultation with the PLA

• (4) The relevant highway authority for the purposes of sub-paragraph (3)(e) is each highway authority for the highways affected by the Construction Traffic Management Plan.

• (5) The authorised development must be carried out in accordance with the plans and strategies prepared or approved under sub-paragraphs (2) and (3).

• (6) TfL must make the plans and strategies prepared or approved under sub-paragraphs (2) and (3) available in an electronic form suitable for inspection by members of the public until the authorised development has been opened for public use.

Landscaping scheme

6

• (1) No part of the authorised development may commence until a written landscaping scheme for that part has been submitted to and approved in writing by the relevant planning authority.

• (2) A landscaping scheme prepared under sub-paragraph (1) must be in accordance with the landscaping plan and include details of hard and soft landscaping works, including—

• (a) location, number, species, size and planting density of any proposed planting, including habitat creation in lieu of offsite biodiversity offsetting;

• (b) cultivation, importing of materials and other operations to ensure plant establishment;

• (c) the location and specification of routes for non-motorised users including provision of a bus stop to serve southbound buses in the re-aligned Tunnel Avenue;

• (d) proposed finished ground levels;

• (e) hard surfacing materials;

• (f) details of existing trees to be retained, with measures for their protection during the construction period; and

• (g) implementation timetables for all landscaping works.

• (3) Each part of the authorised development must be carried out in accordance with the relevant landscaping schemes approved under sub-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.

• (5) Any tree or shrub planted as part of a landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Monitoring and mitigation strategy

7

• (1) The provisions of this requirement must be carried out in accordance with the monitoring and mitigation strategy and TfL must otherwise comply with the obligations set out in that document.

• (2) If the statutory powers vested in TfL in relation to highways and road traffic in Greater London are not sufficient to enable TfL to implement any mitigation measure which it is obliged to implement under this requirement, TfL must either—

• (a) seek to agree with the council of the relevant London borough that TfL may implement that measure on behalf of the council; or

• (b) if such an agreement cannot be reached, pay to that council a sum equivalent to—

• (i) the estimated cost of the council implementing that measure, which the council must use for that purpose; or

• (ii) the costs reasonably incurred by the council in implementing an alternative measure in the same location which the council determines will mitigate the adverse impact attributable to the authorised development,

whichever is less.

• (3) In this paragraph, “relevant air quality authority” means the council of a London Borough for an area in relation to which the expert review carried out under sub-paragraph (14) concludes that the authorised development has materially worsened air quality.

Pre-opening traffic measures4Before the Silvertown Tunnel opens for public use TfL must carry out an updated assessment of the likely impacts of the authorised development on the performance of the highway network and must consult the members of STIG on a proposed scheme of mitigation which identifies—athe locations on the highway network where the assessment demonstrates there is likely to be a material worsening of traffic conditions as a result of the operation of the authorised development;bthe measures which TfL proposes to mitigate the impacts of such a worsening of traffic conditions; andcthe proposed programme for implementation of those measures.5TfL must have regard to any consultation responses received from STIG members and before finalising the scheme of mitigation must liaise further with the council of any London Borough on the detail of mitigation measures which it proposes to implement on roads in that Borough. TfL must then submit the scheme of mitigation to the Secretary of State for approval.6The scheme of mitigation submitted to the Secretary of State for approval must include—adetails and locations of the proposed mitigation measures;bresponses to the consultation and further liaison carried out under sub-paragraphs (4) and (5);cthe estimated cost of implementing each measure; anddthe proposed programme for the implementation of those measures.7The Silvertown Tunnel must not open for public use until the scheme of mitigation has been approved by the Secretary of State. If the Secretary of State proposes to approve the scheme of mitigation with material modifications, the Secretary of State must consult the members of STIG on the proposed modifications and have regard to any responses received when deciding whether to approve the scheme.8TfL must implement or secure the implementation of the measures approved by the Secretary of State in accordance with the approved programme.9The Secretary of State may, with the consent of the Mayor of London, delegate their functions under this paragraph to the Mayor of London.

Post-opening monitoring and mitigation10For the duration of the monitoring period, TfL must—aimplement a monitoring programme in consultation with the members of STIG;bprepare—iquarterly monitoring reports for a period of one year from the Silvertown Tunnel opening for public use; andiiannual monitoring reports thereafter,derived from that monitoring, and submit them for consideration by the members of STIG;cidentify in consultation with the members of STIG appropriate thresholds for changes on the highway network which require TfL to investigate whether mitigation measures are necessary;ddevelop in consultation with the relevant highway authority any measures which are necessary to mitigate adverse impacts on the highway network which are attributable to the operation of the authorised development; andeimplement or secure the implementation of the necessary mitigation measures.11In sub-paragraph (10) “the monitoring period” means a period commencing not less than three years before the Silvertown Tunnel is expected to open for public use and continuing for not less than three years after the Silvertown Tunnel opens for public use.

Air quality monitoring and mitigation12Not less than three years before the Silvertown Tunnel is expected to open for public use TfL must install Nitrogen Dioxide (“NO2”) monitors at locations determined in accordance with paragraph 3.7.4 of the monitoring and mitigation strategy.13The NO2 monitors must remain in place for the period specified in paragraph 3.7.5 of the monitoring and mitigation strategy.14The monitoring data within each annual monitoring report referred to in sub-paragraph (10) must be reviewed as soon as reasonably practicable by a firm of independent air quality experts appointed by TfL in consultation with the members of STIG. The annual review undertaken by the firm of experts must determine in accordance with the criteria set out in the monitoring and mitigation strategy whether or not there has been a material worsening of air quality as a result of the authorised development beyond the likely impacts reported within the environmental statement at locations where there are (whether as a result of the authorised development of otherwise) exceedances of national air quality objectives.15If the review demonstrates in the opinion of the appointed firm of experts that the authorised development has materially worsened air quality in the manner described in sub-paragraph (14), TfL must—awithin three months of the conclusion of the expert review consult any relevant air quality authority on a preliminary scheme of mitigation including a programme for its implementation; andbfollowing that consultation submit a detailed scheme of mitigation to the Mayor of London for approval.16Before considering whether to approve the scheme of mitigation, the Mayor of London must consult any relevant air quality authority and take into consideration any responses received.17TfL must implement or secure the implementation of the scheme of mitigation approved by the Mayor of London in accordance with the programme contained in the approved scheme of mitigation.

Hoola building18No part of the authorised development is to be opened for public use until a scheme of mitigation (which may consist of or include ventilation) to reduce to acceptable levels any exposure to nitrogen dioxide which occurs as a result of the authorised development at the first floor residential accommodation at the Hoola building, has been submitted to and approved by the London Borough of Newham (“Hoola scheme of mitigation”).19TfL must implement the approved Hoola scheme of mitigation.

Surface water drainage details

8

• (1) No part of the authorised development which comprises any part of a surface water drainage system must commence until written details of that surface water drainage system have been submitted to and approved by the relevant planning authority.

• (2) The surface water drainage system for the relevant part of the authorised development must be constructed in accordance with the details approved under sub-paragraph (1).

External lighting details

9

• (1) No part of the authorised development is to be opened for public use until written details of any external lighting to be installed in connection with the operation of any building or other structure forming part of the authorised development have been submitted to and approved by the relevant planning authority.

• (2) Each part of the authorised development must be carried out in accordance with the relevant details of the external lighting approved under sub-paragraph (1).

Signage strategy

10

• (1) No part of the authorised development is to be opened for public use until a strategy for any highway signage to be installed on that part has been submitted to and approved by the relevant highway authority.

• (2) The relevant highway authority for the purposes of sub-paragraph (1) is, in each case, the highway authority for the highway in relation to which the highway signage is to be installed.

• (3) Each part of the authorised development must be carried out in accordance with the relevant strategy approved under sub-paragraph (1).

Flood risk assessment

11

The authorised development must be carried out in accordance with the flood risk assessment.

Operational noise mitigation measures

12

• (1) No part of the authorised development may open for public use until a written scheme of proposed noise mitigation measures in respect of the use and operation of that part has been submitted to and approved in writing by the relevant planning authority following consultation with the relevant highway authority.

• (2) The proposed measures submitted for approval under sub-paragraph (1) must provide—

• (a) details of the noise barriers proposed;

• (b) that any highway constructed or resurfaced as part of the authorised development will be surfaced with low noise surfacing to a TSCS standard or better, with the exception of the sections of highway within the Silvertown Tunnel and on the Silvertown Tunnel approaches where retaining walls of 1.8 metres or higher are located on either side of the carriageway, together with any other sections of highway which are recommended by a road safety audit to have an alternative surface; and

• (c) details of the proposals for the retention and maintenance of the proposed noise mitigation measures.

• (3) The approved noise mitigation measures must be implemented prior to the opening of the relevant part of the authorised development for public use and must be retained and maintained in accordance with the approved scheme.

• (4) The relevant highway authority for the purposes of sub-paragraph (1) is, in each case, the highway authority for the highway in relation to which the noise mitigation is to be installed.

• (5) The written details referred to in sub-paragraph (1) must either reflect the mitigation measures included in the environmental statement or, where the mitigation proposed materially differs from the mitigation identified in the environmental statement, TfL must provide evidence with the written details submitted that with the mitigation proposed, the authorised development would not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement taking into account the mitigation identified in it.

• (6) In this paragraph “TSCS” means thin surface course systems as defined by clause 942 of the Manual of Contract Documents for Highway Works, Volume 1 Specification for Highway Works.

Siebert Road and Westcombe Hill area noise barriers

13

Prior to the opening of the authorised development for public use, TfL must install noise barriers to protect properties in the Siebert Road, Invicta Road/Westcombe Hill area from the effects of traffic noise from the A102. Details of these barriers must be submitted to and approved by the relevant planning authority after consultation with local residents, before installation is commenced. The installation must be undertaken in the form approved.

Cross-river bus services

14

• (1) TfL must secure a cross-river bus service provision using the tunnels which delivers the same or greater levels of public transport benefits (as quantified in the pre-Scheme Refreshed Case modelling) as those identified in the Assessed Case, as set out in the environmental statement, without any reduction in any other user benefits generated by the scheme and in any event the provision of not less than 20 buses per hour during peak periods in each direction through the tunnels for the duration of the monitoring period and thereafter must keep under review and secure the provision of bus services through the tunnels in accordance with the bus strategy and the objectives set out in that document.

• (2) TfL must provide funding for concessionary bus travel to residents of the London Boroughs of Newham and Tower Hamlets and the Royal Borough of Greenwich in accordance with the bus strategy after the Silvertown Tunnel opens for public use.

• (3) TfL must ensure that any bus ordinarily using the Silvertown Tunnel as part of a London local service must comply with the Euro VI emissions limits or with equivalent emissions standards.

• (4) In this paragraph—

• “the Assessed Case” has the meaning given to that expression in the bus strategy;

• “bus” means a public service vehicle designed and constructed for the carriage of both seated and standing passengers;

• “Euro VI emissions limits” means the emissions limits for heavy duty vehicles set out in Annex I to Regulation (EC) No 595/2009 of the European Parliament and of the Council (as amended by Annex XV of Commission Regulation (EU) No 582/2011);

• “London local service” means a London local service which TfL has determined as being required under section 181 of the 1999 Act; ...

• “the monitoring period” means a period of not less than three years commencing on the date the Silvertown Tunnel opens for public use, which may be extended by TfL for up to two years if this is deemed necessary following consultation with the members of STIG in accordance with section 3.4 of the monitoring and mitigation strategy; and

• “the Refreshed Assessment” means the updated assessment of the impacts of the authorised development carried out by TfL in accordance with section 1.5 of the bus strategy

Cross-river cycle/pedestrian facilities

15

• (1) TfL must secure the provision of enhanced river crossing facilities for cyclists and pedestrians between the Greenwich Peninsula and Canary Wharf and Silvertown for at least the duration of the monitoring period, whether by bus shuttles, ferry services and/or modified charging policy on the Air Line service.

• (2) Details of such provisions must be submitted to and approved by the relevant ... planning authorities prior to the opening of the authorised development for public use, and such scheme or schemes as may be approved must be retained for no less than the monitoring period unless agreed otherwise by the relevant ... planning authorities.

• (3) In this paragraph “the monitoring period” has the same meaning as in paragraph 14(4) (cross-river bus services).

Biodiversity action plan and mitigation strategy

16

The authorised development must be carried out in accordance with the biodiversity action plan and mitigation strategy.

Contaminated land

17

• (1) No part of the authorised development may commence until a site investigation and risk assessment has been carried out to assess the nature and extent of contamination within any land on which intrusive groundworks in connection with that part of the authorised development are to be carried out.

• (2) The site investigation and risk assessment carried out under sub-paragraph (1) must be—

• (a) based on the preliminary risk assessment of contaminant sources, pathways and receptors contained in the environmental statement;

• (b) carried out in accordance with the Department for Environment, Food and Rural Affairs' and the Environment Agency's “Model Procedures for the Management of Land Contamination” Contaminated Land Report 11 document, and must include—

• (i) a survey of the nature, extent and scale of contamination within the relevant area;

• (ii) an assessment of the potential risks to human health, property and other relevant receptors; and

• (iii) an appraisal of remediation options and proposal of the preferred option where the site investigation and risk assessment indicates that remediation is required as a result of the proposed intrusive groundworks in order for the relevant area of land not to meet the definition of “contaminated land” under Part 2A (contaminated land) of the Environmental Protection Act 1990 ; and

• (c) supplied to the relevant planning authority as soon as reasonably practicable following its completion.

• (3) Where the site investigation and risk assessment carried out under sub-paragraph (1) contains an appraisal of remediation options and proposal of the preferred option as required by sub-paragraph (2)(b)(iii), a remediation strategy must be submitted to and approved in writing by the relevant planning authority which must include—

• (a) remediation measures required as a result of the proposed intrusive groundworks to ensure that the site will not meet the definition of “contaminated land” under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land following remediation; and

• (b) a verification plan, providing details of the data to be collected in order to demonstrate that the works set out in the remediation scheme submitted for approval under this sub-paragraph are complete.

• (4) The remediation strategy approved under sub-paragraph (3) must be implemented as part of the authorised development.

• (5) Following the implementation of the remediation strategy approved under sub-paragraph (3), a verification report, based on the data collected as part of the remediation strategy and demonstrating the completion of the remediation measures must be produced and supplied to the relevant planning authority.

• (6) Where the verification report produced under sub-paragraph (5) does not demonstrate the completion of the remediation measures, a statement as to how any outstanding remediation measures will be addressed must be supplied to the relevant planning authority at the same time as the verification report.

• (7) The outstanding remediation measures must be completed to the reasonable satisfaction of the relevant planning authority by the date agreed with that authority.

Hazardous substances – East Greenwich Gasholder site

18

The Silvertown Tunnel must not open for public use and the tunnel services buildings at the South Portal comprised in Work No. 12 must not be occupied after their practical completion until the hazardous substances consent for the East Greenwich Gasholder Station site has been revoked or modified in accordance with the Planning (Hazardous Substances) Act 1990 , and in the case of a modification details of the relevant modifications have been submitted to the Health and Safety Executive, and the Health and Safety Executive has advised TfL in writing that it does not advise against the authorised development.

Hazardous substances – Brenntag Chemicals site

19

The Silvertown Tunnel must not open for public use until the hazardous substances consent for the Brenntag Inorganic Chemicals Ltd site has been revoked or modified in accordance with the Planning (Hazardous Substances) Act 1990, and in the case of a modification details of the relevant modifications have been submitted to the Health and Safety Executive, and the Health and Safety Executive has advised TfL in writing that it does not advise against the authorised development.

Re-use of excavated material on-site

20

• (1) The works to implement the authorised development must be undertaken in a manner that will maximise the potential for re-use of suitable excavated material.

• (2) Prior to the commencement of any part of the authorised development, for that part of the authorised development details of the storage of suitable excavated material and of its subsequent re-use within or adjoining the Order limits must be submitted to and approved by the relevant planning authority.

• (3) Each part of the authorised development must be carried out in accordance with the details of the storage and re-use of excavated material approved under sub-paragraph (2).

• (4) In this paragraph “suitable excavated material” means material which is suitable for re-use in accordance with Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and CL:AIRE The Definition of Waste: Development Industry Code of Practice (version 2, March 2011).

Local business transitional support

21

Prior to the opening of the authorised development for public use TfL must make all reasonable endeavours to agree a business transitional support package with the councils of the London Borough of Newham, the London Borough of Tower Hamlets and the Royal Borough of Greenwich. As part of this business transitional support package TfL must make available to those councils the sum of one million pounds for the purpose of supporting local businesses.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

22

In this Part of this Schedule, “discharging authority” means—

• (a) any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or

• (b) the local authority in the exercise of its functions set out in sections 60 (control of noise of construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 .

Applications made under requirements

23

• (1) Where TfL proposes to make an application to a discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, no later than 28 days prior to submitting the application TfL must provide a draft of the proposed application to the discharging authority, unless otherwise agreed by the discharging authority.

• (2) At the same time as submitting a draft of a proposed application to the Council of the London Borough of Newham under sub-paragraph (1) in respect of—

• (a) any consent, agreement or approval required by paragraph 5(3) of Part 1 of this Schedule; or

• (b) any consent, agreement or approval required further to any document referred to in any such requirement,

TfL must consult the Council of the London Borough of Tower Hamlets about the draft of the proposed application and when finalising the contents of the application TfL must take into account any comments made by the Council of the London Borough of Tower Hamlets during that consultation.

• (3) An application to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule must be accompanied by a statement summarising how TfL considers it has complied with the obligations applicable to the requirement set out in Part 1 of this Schedule.

• (4) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to TfL of its 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 discharging authority; or

• (b) where further information is requested under paragraph 24, the day immediately following that on which the further information has been supplied by TfL,

or such longer period as may be agreed in writing by TfL and the discharging authority.

• (5) Where an application has been made to the Council of the London Borough of Newham in respect of—

• (a) any consent, agreement or approval required by paragraph 5(3) of Part 1 of this Schedule; or

• (b) any consent, agreement or approval required further to any document referred to in any such requirement,

the Council of the London Borough of Newham must not give notice to TfL of its decision until the Council of the London Borough of Newham has consulted the Council of the London Borough of Tower Hamlets in respect of that application for a period of not less than 21 days, and considered any representations made by the Council of the London Borough of Tower Hamlets on the application received within that time.

• (6) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the discharging authority may—

• (a) give or refuse its consent, agreement or approval; or

• (b) give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

Further information regarding requirements

24

• (1) In relation to any application referred to in paragraph 23, the discharging authority may request such further information from TfL as it considers necessary to enable it to consider the application.

• (2) If the discharging authority considers that further information is necessary and the requirement concerned contained in Part 1 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within 10 business days of receipt of the application, notify TfL in writing specifying the further information required.

• (3) If the requirement concerned contained in Part 1 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within five business days of receipt of the application, and notify TfL in writing specifying any further information requested by the consultee within five business days of receipt of such a request.

• (4) If the discharging authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of TfL.

Appeals

25

• (1) Where a person (“the applicant”) makes an application to a discharging authority, the applicant may appeal to the Secretary of State in the event that—

• (a) the discharging authority refuses an application for any consent, agreement or approval required by—

• (i) a requirement contained in Part 1 of this Schedule; or

• (ii) a document referred to in any requirement contained in Part 1 of this Schedule;

• (b) the discharging authority does not determine such an application within the time period set out in paragraph 23(4)23(1), or grants it subject to conditions;

• (c) the discharging authority issues a notice further to sections 60 (control of noise of construction sites) or 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974;

• (d) on receipt of a request for further information pursuant to paragraph 24 of this Part of this Schedule, the applicant considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

• (e) on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application.

• (2) The appeal process is as follows—

• (a) any appeal by the applicant must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 23(4), giving rise to the appeal referred to in sub-paragraph (1);

• (b) the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 1 of this Schedule;

• (c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent;

• (d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within 10 business days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person;

• (e) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to paragraph (c); and

• (f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the 10 day period for counter-submissions under paragraph (e).

• (3) The appointment of the appointed person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

• (4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

• (5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the date specified by the appointed person but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c)-(e).

• (6) On an appeal under this paragraph, the appointed person may—

• (a) allow or dismiss the appeal; or

• (b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

• (7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

• (8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

• (9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review.

• (10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person's determination.

• (11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the applicant.

• (12) On application by the discharging authority or the applicant, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.

SCHEDULE 3 — PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS

PART 1 — HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up	(4) New highway to be substituted/provided
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
In the administrative area of the Royal Borough of Greenwich; in the county of Greater London	Boord Street and Dreadnought Street	A length from a point on the existing Boord Street 130 metres south-west of its junction with the existing Millennium Way to the existing Dreadnought Street, and then in a generally north westerly direction, for a total distance of 90 metres.	Reference A To be substituted by a length of new highway from a point on Boord Street 130 metres south-west of its junction with the existing Millennium Way to the premises known as Studio 338, in a generally north westerly direction, for a distance of 80 metres.
	Footbridge (including National Cycle Route No. 1 & Thames Path)	The whole footbridge.	Reference B To be substituted by a length of new Boord Street foot and cycle bridge from a point on Boord Street 140 metres south-west of its junction with the existing Millennium Way, in a generally south westerly direction, to its junction with the improved Tunnel Avenue.
	–	–	Reference C Silvertown Tunnel Southbound. A length of new highway from the new Silvertown Tunnel South Portal, in a generally north-easterly direction to the new Silvertown Tunnel North Portal, for a distance of 1425 metres.
	–	–	Reference D Silvertown Tunnel Northbound. A length of new highway from the new Silvertown Tunnel South Portal, in a generally south-westerly direction to the new Silvertown Tunnel North Portal, for a distance of 1405 metres.
	–	–	Reference E Silvertown Tunnel southern approach Southbound. A length of new highway from the new South Portal of the Silvertown Tunnel, in a generally south easterly direction, for a distance of 160 metres.
	–	–	Reference F Silvertown Tunnel southern approach Northbound. A length of new highway from its junction with the existing A102 Blackwall Tunnel southern approach northbound, in a generally north-easterly direction to the new South Portal of the Silvertown Tunnel, for a distance of 130 metres.
	–	–	Reference G Pavilion Lane (Realigned) A length of new highway from a point on the existing A102 Blackwall Tunnel southern approach Southbound 130 metres south of the existing Blackwall Tunnel Southbound South Portal, in a generally southerly direction then turning eastwards to its junction with the northbound carriageway of the existing Millennium Way, for a distance of 150 metres.
	–	–	Reference H Pavilion Lane (Realigned) A length of new highway from a point on the northbound carriageway of the existing Millennium Way 75 metres to the north west of its junction with the existing Edmund Halley Way, in a generally southerly direction to its junction with the Silvertown Tunnel southern approach Northbound, for a distance of 215 metres.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
In the administrative areas of the Royal Borough of Greenwich and the London Borough of Newham; in the county of Greater London	–	–	Reference C – Refer to sheet 1
	–	–	Reference D – Refer to sheet 1
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Dock Road (including National Cycle Route No. 13 (part))	A length from its junction with the existing Tidal Basin Roundabout, in a south westerly direction and then in a south easterly direction, for a total distance of 395 metres.	Reference A To be substituted by a length of new highway from a point 110 metres west of the point where the existing A1020 Silvertown Way off-slip joins the Tidal Basin Roundabout, in a generally south-easterly direction, to a point where it joins the existing North Woolwich Road, for a distance of 430 metres.
	Scarab Close (part)	A length from its junction with the existing Dock Road in a south westerly direction, for a distance of 25 metres.	Reference A (part) To be substituted in part by new highway (being part of the realigned Dock Road (Reference A)) from a point 110 metres west of the existing A1020 Silvertown Way off-slip, in a generally southerly direction, to a point where it joins the existing Scarab Close, for a distance of 55 metres.
	–	–	Reference B New left turn off-slip. A length of new highway from a point on the existing A1020 Silvertown Way off-slip 40 metres south-east of the Tidal Basin Roundabout, initially in a north-westerly direction then turning in a southerly direction, to a point where it joins the Silvertown Tunnel northern approach Southbound, for a distance of 95 metres.
	–	–	Reference C – Refer to sheet 1
	–	–	Reference D – Refer to sheet 1
	–	–	Reference E Silvertown Tunnel northern approach Southbound. A length of new highway from a point 70 metres west of the point where the existing A1020 Silvertown Way off-slip joins the Tidal Basin Roundabout, in a generally south-easterly direction to the new North Portal of the Silvertown Tunnel, for a distance of 205 metres.
	–	–	Reference F Silvertown Tunnel northern approach Northbound. A length of new highway from the North Portal of the new Silvertown Tunnel, in a generally north-westerly direction to its junction with the new (part of the) Tidal Basin Roundabout, for a distance of 210 metres.
	–	–	Reference G A length of new highway from a point on the new Dock Road (realigned), 60 metres to the south-east of its tie-in with the North Woolwich Road, in a generally north westerly direction, for a distance of 80 metres.
	Tidal Basin Roundabout (part) (including National Cycle Route No. 13 (part))	A length from a point on the existing Tidal Basin Roundabout where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the northern side of the existing roundabout, in a generally south-easterly direction, and then in a southerly direction and then in an easterly direction, to a point where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the southern side of the existing roundabout.	Reference H (part) To be substituted by a length of new highway from a point on the existing Tidal Basin Roundabout where the new Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the northern side of the existing roundabout, in a generally south-easterly direction, and then in a southerly direction and then in an easterly direction, to a point where the new Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the southern side of the existing roundabout, for a distance of 270 metres.
	–	–	Reference H (part) A length of new highway within the central island of the new part of Tidal Basin Roundabout from a point on the new Tidal Basin Roundabout 90 metres south west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way, in a generally south-easterly direction for a distance of 45 metres to a point where it joins the new Tidal Basin Roundabout at a point 95 metres south west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way.

PART 2 — HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
In the administrative area of the Royal Borough of Greenwich; in the county of Greater London	Pavilion Lane	A length from its junction with the existing Millennium Way in a generally southerly direction to the existing A102 Blackwall Tunnel southern approach Southbound, for a distance of 180 metres.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
None	None	–
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Layby north of the existing A1020 Lower Lea Crossing, 35 metres east of the existing overbridge, on which the A1020 Lower Lea Crossing passes over the Docklands Light Railway Woolwich Branch.	The whole layby.
	Area north of the Tidal Basin Roundabout.	Area of existing carriageway forming part of the existing A1020 Lower Lea Crossing approaching the existing Tidal Basin Roundabout.

PART 3 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up	(4) New private means of access to be substituted/provided
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
In the administrative area of the Royal Borough of Greenwich; in the county of Greater London	–	–	Reference 1 New private means of access on the north side of the new Silvertown Tunnel South Portal, providing access to the new tunnel services compound from the south side of the existing Millennium Way.
	Reference a Access to premises (occupied by Priority TM Limited and Southern Gas Networks plc) on the south side of the existing Millennium Way, 50 metres south-east of its junction with the existing Edmund Halley Way.	A length from its junction with the existing Millennium Way south-eastward, for a distance of 20 metres.	Reference 2 To be substituted by a new private means of access located to the east of the new Silvertown Tunnel, providing access from the south side of the existing Millennium Way. Reference 10 To be substituted by a new private means of access located to the east of the new Silvertown Tunnel, providing access from the south side of the existing Millennium Way.
	–	–	Reference 3 New private means of access located around the rear, east and west sides of the premises known as Studio 338, providing pedestrian access from the new highway (Reference A).
	Reference b Access to premises (occupied by Brenntag UK Ltd) from the north side of the existing Morden Wharf Road 20 metres to the east of the existing Tunnel Avenue.	A length from its junction with the existing Morden Wharf Road northwards, for a distance of 5 metres.	Reference 8 To be substituted by a new private means of access located to the south-west of Tunnel Avenue, providing access from the south-west side of the improved Tunnel Avenue.
	Reference c Access to premises (occupied by Brenntag UK Ltd) from the south-west side of the existing Tunnel Avenue, from a point immediately south of the existing footbridge.	A length from its junction with the existing Tunnel Avenue south-westwards for a distance of 10 metres.	Reference 4 To be substituted by a new private means of access on the south-west side of the existing Tunnel Avenue, in the same location as the existing access to Brenntag UK Ltd, but repositioned at the new highway boundary of the improved Tunnel Avenue.
	Reference d Access to premises (occupied by London Power Networks plc) from the east side of the existing Pavilion Lane, 50 metres south of its junction with the existing Millennium Way.	The whole hardened area in front of the existing electricity substations.	Reference 5 To be substituted by a new private means of access located on the west side of the new Silvertown Tunnel, providing access from the west side of the existing Millennium Way.
	–	–	Reference 6 New private means of access located on the east side of the Silvertown tunnel, providing access from the south side of the existing Millennium Way, to new pressure reduction station (PRS).
	Reference e Access to premises (occupied by O’Keefe) from the south-east side of the existing Boord Street 155 metres to the south-west of the existing Millennium Way.	A length from its junction with the existing Boord Street, south-eastwards, for a distance of 5 metres.	Reference 7 To be substituted by a new private means of access located on the south-east side of the existing Boord Street, in the same location as the existing access to O’Keefe, but repositioned at the new highway boundary of the A102 Southbound and providing access for non-motorised users only.
	Reference f Access (pedestrian) to premises (occupied by Brenntag UK Ltd) from the south-west side of the existing Tunnel Avenue, from a point immediately south of the existing footbridge.	A length from its junction with the existing Tunnel Avenue south-westwards for a distance of 5 metres.	Reference 9 To be substituted by a new (pedestrian) access to premises on the south-west side of the existing Tunnel Avenue, repositioned at the new highway boundary of the south-west side of the improved Tunnel Avenue.
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
None	None	–	None
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Reference b Access to premises (occupied by Docklands Light Railway Limited) from the north-west side of the existing Scarab Close, 45 metres to the west of the existing Dock Road.	A length from its junction with the existing Scarab Close, westwards for a distance of 40 metres.	Reference 1 To be substituted by a new private means of access to Docklands Light Railway, on the west side of the new part of Tidal Basin Roundabout, from the circulatory carriageway of the roundabout.
	–	–	Reference 2 New private means of access to the new tunnel services compound on the east side of the Silvertown Tunnel from the new highway to be known as the Tunnel Services Compound Access Road (off the realigned Dock Road).
	Reference h Access to premises (occupied by Docklands Light Railway Limited and ASD Limited) from the south-west side of the existing Dock Road, 235 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road south-westwards for a distance of 105 metres.	Reference 3 (part) To be substituted by a new private means of access from the south side of the new Dock Road (realigned).
	Reference i Access to premises (occupied by Docklands Light Railway Limited and Quintain (No.8) Limited) from the south-west side of the existing Dock Road, 300 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road south-westwards for a distance of 65 metres.	Reference 3 (part) To be substituted by a new private means of access from the south side of the new Dock Road (realigned).
	Reference k (part) Scarab Close (part)	A length from a point on the existing Scarab Close, 75 metres south-west of its junction with the existing Dock Road, in a south-westerly direction, for a distance of 5 metres.	Reference 4 To be substituted by a new private means of access from the west side of the new Dock Road (realigned).
	Reference m Access to existing statutory undertakers’ apparatus from the south-west side of the existing Tidal Basin Roundabout.	A length from its junction with the existing Tidal Basin Roundabout in a north-easterly direction, for a distance of 15 metres.	Reference 5 To be substituted by a new private means of access, in the same location as the existing access to statutory undertakers’ apparatus, but repositioned from the edge of the new part of the Tidal Basin Roundabout.

PART 4 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1	The rights of way and access plans – sheet 1
None	None	–
The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2	The rights of way and access plans – sheet 2
None	None	–
The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3	The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Reference a Access to premises (occupied by Docklands Light Railway Limited) from the north of the existing A1020 Lower Lea Crossing, 60 metres west of the existing Tidal Basin Roundabout.	A length from its junction with the existing A1020 Lower Lea Crossing in a northerly direction for a distance of 15 metres.
	Reference c Access to premises (occupied by McGee Group) from the south-east side of the existing Scarab Close, 25 metres west of the existing Dock Road.	A length from its junction with the existing Scarab Close south-eastwards for a distance of 10 metres.
	Reference d Access to premises (occupied by McGee Group) from the south-east side of the existing Scarab Close, 35 metres west of the existing Dock Road.	A length from its junction with the existing Scarab Close south-eastwards for a distance of 10 metres.
	Reference e Access to premises (occupied by Hanson Quarry Products Europe Limited) from the north-west side of the existing Dock Road, 70 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road, north-eastwards for a distance of 10 metres.
	Reference f Access to premises (occupied by Hanson Quarry Products Europe Limited) from the north-west side of the existing Dock Road, 125 metres south-east from the existing Scarab Close.	A length from its junction with the existing Dock Road north-eastwards for a distance of 5 metres.
	Reference g Access to premises (occupied by O’Connell Plant and Groundworks Limited) from the north-west side of the existing Dock Road, 165 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road north-eastwards for a distance of 5 metres.
	Reference j Access to premises (occupied by Docklands Light Railway Limited) from the south-west side of the existing Dock Road, 330 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road south-westwards for a distance of 10 metres.
	Reference k (part) Scarab Close (part)	A length from a point on the existing Scarab Close, 25 metres south-west of its junction with the existing Dock Road, in a south-westerly direction, for a distance of 50 metres.

SCHEDULE 4 — LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

(1) Area	(2) Plot Reference Number(s) shown on land plans
Royal Borough of Greenwich	01-036, 01-044a, 01-045a, 01-065, 01-066, 01-076, 01-088, 01-088a, 02-016a, 02-017a, 02-018a, 02-018b, 02-018c, 02-026a, 02-030, 02-033, 02-039, 02-041, 02-043, 02-046, 02-047a, 02-053, 02-053a, 02-062, 02-075, 02-088, 02-089, 03-001, 03-002a, 03-003a, 03-004a, 03-009, 03-017, 03-019, 03-020, 03-021, 03-026, 03-028, 03-030, 03-033, 03-035, 03-037, 03-037a, 03-037c, 03-038, 03-039, 03-042, 03-043, 03-047, 03-049, 03-050, 04-005, 04-006, 04-008, 04-010, 04-011, 04-015, 04-016, 04-016a, 04-018, 04-021, 04-022, 04-024, 04-025, 04-028, 04-030, 04-030a, 04-030b and 04-031
London Borough of Newham	04-032, 04-034, 04-036, 05-002, 05-005, 05-007, 05-010, 05-015, 05-022, 05-027, 05-029, 05-038, 05-038a, 05-044a, 05-045a, 05-046, 05-048a, 05-052, 05-057, 05-073, 05-087, 05-087a, 05-089, 05-092, 05-099, 05-105, 05-112, 05-117, 05-132, 06-016, 06-017a, 06-040, 06-063, 06-071, 06-072, 06-092, 06-092a, 06-098a, 07-005, 07-007b, 07-010, 07-011, 07-012, 07-016, 07-026, 07-027 and 07-028

SCHEDULE 5 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

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 imposition of a restrictive covenant as they apply as respects compensation on the compulsory purchase of land and interests in land.

2

• (1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1961 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 purpose 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 5 to the Silvertown Tunnel Order 2018 (“the 2018 Order”)); (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 5 to the 2018 Order) 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 where 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 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 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 19 (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 22(1) (compulsory acquisition of rights)—

• (a) with the modification specified in paragraph 5; and

• (b) with such other modifications as may be necessary.

5

• (1) The modification 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 particular context) as referring to, or as including references to—

• (a) the right acquired or to be acquired, or the restriction imposed or to be imposed; or

• (b) the land over which the right is or is to be exercisable, or the restriction 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 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) (failure by owners to convey);

• (b) paragraph 10(3) of Schedule 1 (owners under incapacity);

• (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 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) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 19), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restriction ; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (penalty for unauthorised entry) and 13 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

• (6) Section 20 (protection for interests of tenants at will, etc.) 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 25(4) 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 to the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serve 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 have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 26 (application of the 1981 Act) of the Silvertown Tunnel Order 2018 in respect of the land to which the notice to treat relates. (2) But see article 27(4) (acquisition of subsoil, etc., only) of the Silvertown Tunnel Order 2018 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. (3) A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the 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. (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 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 authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. (8) If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the authority serve 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. (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 use to be made of the right or covenant proposed to be acquired or imposed, 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 authority ought to be required to take. (13) If the Upper Tribunal determines that the 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 authority ought to be required to take some or all of the house, building or factory, the 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 they 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.

SCHEDULE 6 — LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED

(1) Area	(2) Plot Reference Number(s) shown on land plans	(3) Depth beneath the level of the surface of the land
Royal Borough of Greenwich	03-024, 03-024a, 03-029, 03-031, 03-032, 03-37b, 04-017, 04-019, 04-020 and 04-23	0.5 metres
Royal Borough of Greenwich	03-040, 03-041, 03-045	2 metres
Royal Borough of Greenwich	04-014	3 metres
Royal Borough of Greenwich	03-046, 03-048	4 metres
Royal Borough of Greenwich	04-007, 04-009	5 metres
Royal Borough of Greenwich	04-012	6 metres
Royal Borough of Greenwich	04-013	7 metres
London Borough of Newham	04-033, 05-003, 05-008 and 05-011	0.5 metres
London Borough of Newham	05-009	2 metres

SCHEDULE 7 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN