Legalize / United Kingdom / Statutory-Instrument

The Great Yarmouth Third River Crossing Development Consent Order 2020

Type Statutory-Instrument

Publication 2020-09-24

Last updated 2021-06-10

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(iv) the construction of a bridge deck to enable the new highway to pass over a new private means of access, as shown on sheet 2 of the street plans;

(v) the construction of abutments supporting the bridge deck described in sub-paragraph (iv) above;

(vi) the construction of piles and pile caps supporting the abutments described in sub-paragraph (v) above;

(vii) the provision of a traffic signal-controlled crossing for pedestrians and cyclists;

(viii) the provision of footways and cycle tracks; and

(ix) the provision of landscaping.

Work No. 9 – as shown on sheet 2 of the works plans and comprising—

(a) the improvement of the existing A1243 South Denes Road and Southgates Road, including the construction of a new traffic signal-controlled junction with the new highway comprising Work No. 8C;

(b) the construction of embankments supporting the improved highway referred to in sub- paragraph (z) above;

(c) the provision of private means of access to facilitate maintenance of the new highway comprised in Work Nos. 8B and 8C and to facilitate access to land to the west of South Denes Road and Southgates Road, as shown on sheet 2 of the street plans;

(d) works to enable that part of Fish Wharf, perpendicular to South Denes Road, between Sutton Road and Swanston’s Road, to be replaced with a private means of access, shown on sheet 2 of the street plans, that only permits left-turn manoeuvres onto South Denes Road;

(e) works to enable that part of Fish Wharf, parallel to South Denes Road, between Sutton Road and Swanston’s Road, to become part of the adjacent landowner’s property;

(f) the provision of a site compound on land west of South Denes Road and north of Work No. 8C, including site offices, welfare facilities, parking provisions and storage of plant and materials;

(g) the construction of an electricity sub-station, including any enclosing structures and connections and private means of access as shown on sheet 2 of the street plans; and

(h) the provision of landscaping.

Work No. 10 – as shown on sheet 2 of the works plans and comprising—

(a) the improvement of Sutton Road, including carriageway and footway surfacing works and the alteration of traffic signs to facilitate a change of direction of operation of the one-way system to an easterly direction;

(b) the improvement of Swanston’s Road, including the alteration of traffic signs to facilitate a change of direction of operation of the one-way system to a westerly direction;

(c) the improvement of Middle Road West, including the alteration of traffic signs to reflect a change of direction of operation of the one-way systems on Sutton Road and Swanston’s Road;

(d) the improvement of Middle Road East, including the alteration of traffic signs to reflect a change of direction of operation of the one-way systems on Sutton Road and Swanston’s Road;

(e) the improvement of Admiralty Road, including the alteration of traffic signs to reflect a change of direction of operation of the one-way systems on Sutton Road and Swanston’s Road.

Work No. 11 – as shown on sheet 1 of the works plans and comprising the provision of new allotments on land north of Queen Anne’s Road, including the provision of sheds and fencing.

Work No. 12 – mitigation and accommodation works for the benefit of Great Yarmouth and Waveney Mind at the locations shown on sheet 1 of the works plans.

Work No. 13 – as shown on sheets 3, 4, 5, 6 and 7 of the works plans and being the installation of a variable message sign to facilitate the operation of the new and improved highway in each of the following locations—

(a) Work No. 13A – A47 (T) Great Yarmouth Bypass (as shown on sheet 3 of the works plans);

(b) Work No. 13B – Gapton Hall Road (as shown on sheet 4 of the works plans);

(d) Work No. 13D – North Quay (as shown on sheet 6 of the works plans);

(e) Work No. 13E – Fuller’s Hill (as shown on sheet 6 of the works plans); and

(f) Work No. 13F – A47 (T) Acle New Road (as shown on sheet 7 of the works plans).

And for the purposes of or in connection with the construction, operation or maintenance of any of the works and other development mentioned above, ancillary or related development which does not give rise to any effects on the environment which are materially new or materially different from those assessed in the environmental statement, consisting of—

works within streets, including—

(a) works for the strengthening, improvement, repair, maintenance or reconstruction of any street;

(b) relocation, provision or replacement of signs, markings and street lighting; and

(c) 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;

works within the river Yare (to the extent they are situated within the Order limits) to—

(d) alter, clean, modify, dismantle, refurbish, reconstruct, remove, relocate or replace any work or structure;

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

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

(g) 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[^f00108] obtained in carrying out any operations comprised in (vv), (ww) or (xx));

(h) remove temporarily, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river Yare;

(i) construct, place and maintain works and structures including piled vessel impact protection systems, protection piles and cofferdams; and

(j) provide lighting, signage and aids to navigation; and

other works—

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

(l) 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;

(m) to provide or alter ramps, steps, footpaths, footways, cycle tracks, non-motorised user routes or links, and crossing facilities;

(n) to provide or alter embankments, 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;

(o) to provide settlement mitigation measures for the benefit or protection of, or in relation to, any land or building, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

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

(q) to provide 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;

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

(s) for the preparation or clearance of the site of any of the works (including fencing and other boundary treatments, vegetation removal, works of demolition, including demolition of existing structures, and the creation of alternative highways) and the provision or alteration of earthworks (including soil stripping and storage and site levelling);

(t) to provide construction and service compounds and working sites, haulage roads, temporary buildings and apparatus, plant and equipment rooms, storage areas (including storage of spoil and other materials), temporary vehicle parking, construction fencing, perimeter enclosures, security fencing, and construction lighting and other buildings, machinery, apparatus and works and conveniences;

(u) to provide offices, staff mess rooms, welfare facilities and other ancillary or administrative accommodation and conveniences;

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

(w) 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.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

(1) In this Schedule the following expressions have the following meanings—

“the archaeological written scheme of investigation” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the archaeological written scheme of investigation for the purposes of this Order;

“the code of construction practice” means a code of construction practice approved under paragraph 73 of this Schedule;

“the county planning authority” means Norfolk County Council in its capacity as county planning authority for the county of Norfolk under section 1(1)(a) (local planning authorities: general) of the 1990 Act;

“the drainage strategy” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the drainage strategy for the purposes of this Order;

“the IDB” means the Waveney, Lower Yare and Lothingland Internal Drainage Board;

“the lead local flood authority” means Norfolk County Council in its capacity as lead local flood authority under section 6(7) (other definitions) of the Flood and Water Management Act 2010 ;

“the outline code of construction practice” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the outline code of construction practice for the purposes of this Order;

“the landscaping plans” means the plans of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the landscaping plans for the purposes of this Order;

“the lighting report” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the lighting report for the purposes of this Order; and

“the preliminary navigation risk assessment” means the document of that description referenced in Schedule 15 (documents to be certified) certified by the Secretary of State as the preliminary navigation risk assessment for the purposes of this Order.

Time limits

2

The authorised development must not commence later than the expiration of 5 years beginning with the date that this Order comes into force.

Commencement of the authorised development

3

Notice of commencement of the authorised development must be given to the county planning authority in writing within 7 days of the date that the authorised development is commenced.

Design of the authorised development

4

The authorised development must be designed and implemented in general accordance with—

(a) the general arrangement plan; and

(b) the approach to detailed design.

Detailed design of specified structures

5

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 following consultation with Great Yarmouth Borough Council, approved in writing by the county planning authority.

Code of construction practice

6

(1) No part of the authorised development is to commence until a code of construction practice for that part of the authorised development has been submitted to and, following consultation with Great Yarmouth Borough Council, the lead local flood authority, the IDB and the Environment Agency, approved in writing by the county planning authority.

(2) Any submitted code of construction practice must include the following plans and statements—

(a) an arboricultural method statement;

(b) a construction traffic management plan;

(d) a materials management plan (or equivalent);

(e) a site waste management plan; and

(f) a workforce travel plan.

(3) Any code of construction practice submitted under sub-paragraph (1) must be in accordance with the outline code of construction practice.

(4) Any part of the authorised development must be carried out in accordance with the relevant code of construction practice approved under sub-paragraph (1) for that part.

Landscaping and ecological management plan

7

(1) No part of the authorised development is to commence until a written landscaping and ecological management plan for that part has been submitted to and, following consultation with Great Yarmouth Borough Council and Natural England, approved in writing by the county planning authority.

(2) Any landscaping and ecological management plan prepared under sub-paragraph (1) must—

(a) be based on the mitigation measures included in the environmental statement;

(b) not give rise to any materially new or materially different environmental effects than those assessed in the environmental statement;

(d) be in general accordance with the landscaping plans; and

(e) include the details listed in sub-paragraph (3).

(3) The details referred to in sub-paragraph (2) are—

(a) details of proposed hard and soft landscaping works, including location, species, size and planting density of any proposed planting;

(b) details of proposed boundary treatments;

(d) proposed finished ground levels;

(e) hard surfacing materials;

(f) any ecological mitigation areas;

(g) details of any existing trees, hedges and shrubs to be retained

(h) implementation timetables for the landscaping and ecological management works; and

(i) details of the maintenance regime for the landscaping and ecological management works, which must—

(i) provide for maintenance for a period of 15 years commencing with the date of completion of the relevant landscaping and ecological management works; and

(ii) include measures for the replacement in the first available planting season, of any tree or shrub planted as part of that landscaping and ecological management plan which, within the period referred to in paragraph (i), dies, becomes seriously diseased or is seriously damaged.

(4) All landscaping works must be carried out and maintained in accordance with the relevant landscaping scheme approved under sub-paragraph (1) for that part.

Existing trees and hedgerows

8

(1) All hedges and trees forming part of the boundary of the Order land or situated within it and which are shown to be retained in the landscaping scheme approved under paragraph 74 must be protected from any damage during the construction of the authorised development in accordance with British Standard BS5837 (2012) ‘Trees in relation to design, demolition and construction’.

(2) If any hedge or tree protected under sub-paragraph (1) is removed, uprooted, destroyed or damaged during the construction of the authorised development it must be replaced in the first available planting season and afterwards maintained for a period of 5 years.

(3) No felling, lopping or removal of hedges or trees (“the relevant activity”) is to take place during the bird nesting season unless a written report concerning the relevant activity by a suitably qualified ecologist has been provided to and approved by the county planning authority. The recommendations of the ecologist as set out in the report must be complied with in carrying out the relevant activity.

Contamination

9

(1) In the event that contaminated materials are found at any time when carrying out the authorised development which have not been identified and addressed in a code of construction practice—

(a) work in the location affected by such contamination must immediately stop;

(b) the contamination must be notified in writing to the county planning authority, Great Yarmouth Borough Council and the Environment Agency; and

(2) Following a notification under sub-paragraph (1), where the county planning authority determines that remediation is necessary, a written scheme and programme for the remedial measures necessary to render the land fit for its intended purpose (including a timetable), must be submitted to and, following consultation with Great Yarmouth Borough Council and the Environment Agency, approved in writing by the county planning authority and afterwards carried out.

Emergency Preparedness and Response Plan

10

(1) No part of the authorised development is to be opened to the public until an emergency preparedness and response plan has been submitted to and, following consultation with Great Yarmouth Borough Council, the lead local flood authority, Norfolk Fire and Rescue, Norfolk Constabulary and the Environment Agency, approved in writing by the county planning authority.

(2) The submitted emergency preparedness and response plan must include provision as to the actions and measures to be taken in relation to the authorised development to prepare for and respond to the following emergencies—

(a) a flood event;

(b) a fire event; and

(3) Unless otherwise agreed in writing with the county planning authority following consultation with the Environment Agency, an application for the approval of the emergency preparedness and response plan must be accompanied by a summary report of an analysis of the residual tidal flood risk arising from a breach of flood defences, prepared with regard to recognised guidance.

(4) The parts of the emergency preparedness and response plan prepared to respond to a flood event must be prepared, so far as is relevant, with regard to the analysis of residual flood risk referred to in sub-paragraph (3) and be accompanied by a statement explaining the regard that has been had to the results of that analysis.

(5) The approved plan must be implemented in full.

Surface water drainage

11

(1) No part of the authorised development which comprises any part of a surface water drainage system is to commence until written details of that surface water drainage system, including measures for the management of flood risk, for that part has been submitted to and, following consultation with Great Yarmouth Borough Council, the lead local flood authority, Anglian Water (in respect of its sewerage undertaker functions), the Environment Agency and the IDB, approved in writing by the county planning authority.

(2) The surface water drainage system submitted for approval under sub-paragraph (1) must be in accordance with the drainage strategy and include a timetable for implementation.

(3) The surface water drainage system must be constructed in accordance with the surface water drainage system approved under sub-paragraph (1) for that part.

Lighting

12

(1) No part of the authorised development is to commence until a written scheme of the lighting to be provided for that part on opening for public use (except lighting to be provided to the interior of a building) has been submitted to and, following consultation with Great Yarmouth Borough Council, approved in writing by the county planning authority.

(2) Any written scheme of proposed lighting submitted for approval under sub-paragraph (1) must be in accordance with the lighting report and include a timetable for implementation.

(3) The part of the authorised development in question must be carried out in accordance with the scheme approved under sub-paragraph (1) for that part and the approved lighting must be maintained thereafter.

(4) Nothing in this requirement restricts lighting of the authorised development during its construction or as temporarily required for maintenance.

Completion and availability of particular works

13

(1) The highway comprised in the new bridge and the new bridge western approach must not be opened for public use until the works specified in sub-paragraph (2) have been completed and made available for use.

(2) The works are—

(a) the vessel waiting facilities;

(b) Work No. 11; and

Archaeology

14

(1) The authorised development must be constructed in accordance with the archaeological written scheme of investigation, including the provisions of any method statement or other document required to be prepared under the terms of the archaeological written scheme of investigation.

(2) Any archaeological remains not identified in the archaeological written scheme of investigation which are revealed when carrying out the authorised development work (“the revealed remains”) must be retained in situ (subject to sub-paragraphs (3) and (4)) and reported to the county planning authority within 3 working days.

(3) No construction operations are to take place within 10 metres of the revealed remains for a period of 14 days from the date of such notification unless otherwise agreed in writing by the county planning authority.

(4) If the county planning authority confirm to the undertaker during the 14 day period referred to in sub-paragraph (3) that the revealed remains require further investigation, then no construction operations are to take place within 10 metres of the revealed remains until the revealed remains have been investigated and recorded in accordance with a scheme, which may provide for the removal of the revealed remains (subject to any direction or determination made under article 55 (removal of human remains)), submitted to and approved in writing by the county planning authority.

15

The new bridge must be designed, constructed and operated in accordance with section 7 (Additional Mitigation Measures) of the preliminary navigation risk assessment.

Signs at vessel waiting facilities

16

Signs instructing masters of vessels utilising the vessel waiting facilities to switch off the vessel engine whilst the vessel is moored must be provided to the satisfaction of the county planning authority prior to the first use of the vessel waiting facilities and maintained thereafter.

Amendments to approved details

17

(1) Subject to sub-paragraph (2), where any details, plans or schemes have been approved by the county planning authority under the provisions of any requirement, the county planning authority may at any time if it thinks fit approve amendments to the approved details, plans or schemes and following any further approval by the county planning authority the approved details, plans or schemes include the amendments approved under this requirement.

(2) In considering any amendment to any details, plans or schemes the county planning authority must consult those persons it would have been required to consult before granting approval initially in relation to the details, plans, or schemes.

Details of consultation

18

With respect to any requirement which requires details to be submitted to the county planning authority for approval under this Schedule following consultation with another party, the details submitted to the county planning authority must be accompanied by a summary report setting out—

(a) the consultation undertaken by the undertaker pursuant to that requirement to inform the details submitted to the county planning authority for approval; and

(b) the undertaker's response to that consultation.

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

19

(1) In this Part of this Schedule—

“the appeal parties” means the discharging authority, the undertaker and any requirement consultees;

“application” means an application to a discharging authority for a specified consent;

“discharging authority” means the body responsible for determining an application for a specified consent;

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

“requirement consultee” means any person named in a requirement which is the subject of an appeal as a person to be consulted by the discharging authority in discharging that requirement; and

“specified consent” means any consent, agreement or approval—required by—any provision of Part 1 of this Schedule; orany document referred to in such provision; orauthorised by paragraph 84,and includes a consent, agreement or approval discharging a requirement in part only.

Applications made under requirements

20

(1) Where an application has been made to the relevant discharging authority, the discharging authority must give notice to the undertaker of the discharging authority's decision on the application within—

(a) a period of 8 weeks beginning with—

(i) the day immediately following that on which the application is received by the discharging authority; or

(ii) where, further information has been requested by the discharging authority under paragraph 88, the day immediately following—

(aa) the day the further information was supplied; or

(bb) where an appeal has been made by the undertaker under sub-paragraph 89(1)(d) or (e) and the appeal is allowed, the day on which the appeal was determined by the Secretary of State; or

(cc) where an appeal has been made by the undertaker under sub-paragraph 89(1)(d) or (e) and the appeal is dismissed, the day on which the relevant further or additional information is supplied; or

(b) such longer period as the discharging authority and the undertaker may agree in writing.

(2) Subject to sub-paragraph (3), in determining an application for a specified consent, the discharging authority may—

(a) grant the specified consent, either unconditionally or subject to reasonable conditions; or

(b) refuse the specified consent,

and where the specified consent, agreement or approval is refused or granted subject to conditions, the discharging authority must provide reasons for the refusal or (as the case may be) conditions in the notice of its decision with the notice of the decision.

(3) In the event that the discharging authority does not give notice of its decision within the period set out in sub-paragraph (1), the discharging authority is taken to have granted the specified consent sought by the application without any condition or qualification at the end of that period.

Further information relating to application

21

(1) A discharging authority in receipt of an application for a specified consent may request the undertaker to provide such further information as is reasonably necessary to enable the discharging authority to consider the application.

(2) A request to provide further information under sub-paragraph (1) must be made within 28 days of receipt of the application by the discharging authority.

(3) A discharging authority may request further information under sub-paragraph (1) on more than one occasion provided that all such requirements are made within the period specified by sub-paragraph (2).

(4) If the discharging authority does not request the undertaker to provide further information in accordance with sub-paragraphs (1) to (3), the discharging authority is thereafter deemed to have sufficient information. The undertaker is under no obligation to provide further information to the discharging authority but may do so if the discharging authority so requests.

Appeals

22

(1) Where the undertaker has made an application for a specified consent to the discharging authority, the undertaker may in writing appeal to the Secretary of State in the event that the discharging authority—

(a) refuses the application;

(b) grants the specified consent subject to conditions;

(c) has not given notice to the undertaker of the discharging authority's decision on the expiry of the applicable period specified by paragraph 87(1);

(d) requests the undertaker to provide further information in accordance with paragraph 88(1) and the undertaker considers that provision of any of the required information is not necessary to determination of the application;

(e) has—

(i) received further information from the undertaker in response to a request made under paragraph 88(1);

(ii) notified the undertaker that information provided is inadequate; and

(iii) requests additional information which the undertaker considers is not necessary for consideration of the application.

(2) An appeal made under sub-paragraph (1)(a), (b), (d) or (e), must be made within 42 days of the date of the notice of the relevant decision or (as the case may be) request.

(3) An appeal made under sub-paragraph (1)(c) must be made within 42 days of the expiry of the applicable period specified by paragraph 87(1).

(4) The appeal process is as follows:

(a) the undertaker 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 the requirement consultees;

(b) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to determine 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 that person's attention should be sent;

(c) the discharging authority and the requirement consultees must submit written representations to the appointed person in respect of the appeal within 20 business days of the date on which the appeal parties are notified of the appointment of a person under sub-paragraph (b) and must ensure that copies of their written representations are sent to each other and to the undertaker on the day on which they are submitted to the appointed person;

(d) the appeal parties must make any counter-submissions to the appointed person within 20 business days of receipt of written representations under sub-paragraph (c);

(e) The appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable.

(5) The appointment of the person under sub-paragraph (4)(b) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(6) If the appointed person considers that further information is necessary to enable consideration of 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.

(7) Any further information required under sub-paragraph (6) is to 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. Any written representations concerning matters contained in the further information must be submitted to the appointed person, and made available to all appeal parties within 10 business days of that date.

(8) The appointed person may at any time extend any deadline specified in this Part of this Schedule.

(9) 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 appeal as if the relevant application had been made to the appointed person in the first instance.

(10) The appointed person may proceed to a decision on an appeal taking into account only such written representations as have been sent within the time limits prescribed by this Part of this Schedule, or as extended by the appointed person under sub-paragraph (8).

(11) The appointed person may proceed to a decision even though no written representations have been made within the prescribed 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.

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

(13) If an approval is given by the appointed person under 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.

(14) Except where a direction is given under sub-paragraph (15) 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 undertaker.

(15) On application by the discharging authority or the undertaker, 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 any relevant provision of the Planning Practice Guidance as from time to time published by the Ministry of Housing, Communities and Local Government or any circular or guidance which may from time to time replace it.

PART 3 — SUPPLEMENTARY PROVISIONS

Publication of requirements

23

(1) The undertaker, must, as soon as reasonably practicable following the making of this Order, establish on a website maintained by the undertaker a register of those requirements contained in Part 1 of this Schedule that include provision for a specified consent.

(2) The register must set out in relation to each such requirement—

(a) whether an application for any specified consent has been made; and

(b) whether the specified consent has been granted or refused.

(3) Where a specified consent has been granted, the register must provide a copy of it.

(4) The register must be maintained by the undertaker for a period of least 3 years following the opening of the authorised development to public use.

Service of documents

24

Any document required or authorised to be sent to any person under the provisions of this Schedule is to be taken to be a document required or authorised to be served on that person for the purposes of article 65 (service of notices) of the Order.

25

(1) In the discharge of its functions under this Schedule, a discharging authority may treat and take account of any pre-commencement action as if it had occurred after the coming into force of this Order.

(2) in this paragraph “pre-commencement action” means any act of the undertaker or any other person which—

(a) is of relevance to the seeking or obtaining of a specified consent; and

(b) occurred before the coming into force of this Order.

SCHEDULE 3 — STREETS SUBJECT TO PERMANENT LAYOUT AND OTHER ALTERATIONS

The lengths of street subject to layout and other alterations in column (2) of this Schedule are shown by blue cross-hatching on the street plans and given a reference (“Ref”) number, preceded by “C” commencing with “1”

(1) Street Plans Sheet Number and Area	(2) Street subject to alteration	(3) Description of alteration
Sheet 1 In the Borough of Great Yarmouth In the County of Norfolk	Ref C1 U61067 Queen Anne’s Road	Realigning, signage and improvement works to 70 metres of U61067 Queen Anne’s Road to provide and facilitate an arm on and off the new roundabout
Sheet 1 In the Borough of Great Yarmouth In the County of Norfolk	Ref C2 C618 Suffolk Road	Realigning, signage and improvement works to 220 metres of C618 Suffolk Road to provide and facilitate an exit arm off the new roundabout
Sheet 1 In the Borough of Great Yarmouth In the County of Norfolk	Ref C3 C631William Adams Way	Realigning, signage and improvement works to 205 metres of C631 William Adams Way to provide and facilitate a dual carriageway arm off the new roundabout at its junction with the existing C618 Suffolk Road
Sheet 1 In the Borough of Great Yarmouth In the County of Norfolk	Ref C4 U61067 Queen Anne’s Road	Creation of a revised junction between U61067 Queen Anne’s Road and C630 Southtown Road, together with signage and improvement works to 121 metres of the existing U61067 Queen Anne’s Road
Sheet 1 In the Borough of Great Yarmouth In the County of Norfolk	Ref C5 U61057 Cromwell Road	Signage and improvement works, including provision of parking bays, to 80 metres of the U61057 Cromwell Road
Sheet 1 In the Borough of Great Yarmouth In the County of Norfolk	Ref C6 C630 Southtown Road	Signage and improvement works to 481 metres of the existing C630 Southtown Road
Sheet 2 In the Borough of Great Yarmouth In the County of Norfolk	Ref C7 U60769 Fish Wharf	Realigning, signage and improvement works to 114 metres of the existing U60769 Fish Wharf
Sheet 2 In the Borough of Great Yarmouth In the County of Norfolk	Ref C8 A1243 Southgates Road	Widening, signage and improvement works to 232 metres of the existing A1243 Southgates Road to provide 3 southbound lanes and 1 north bound lane
Sheet 2 In the Borough of Great Yarmouth In the County of Norfolk	Ref C9 A1243 South Denes Road	Widening, signage and improvement works to 318 metres of the existing A1243 South Denes Road to provide 3 southbound lanes and 1 north bound lane and tying into a new signalised junction with the new bridge eastern approach over the river Yare
Sheet 2 In the Borough of Great Yarmouth In the County of Norfolk	Ref C10 U60795 Sutton Road	Signage and improvement works of 115 metres to the existing U60795 Sutton Road to reflect the change in the direction of operation of the one-way system in that road
Sheet 2 In the Borough of Great Yarmouth In the County of Norfolk	Ref C11 U60769 Fish Wharf	Signage and improvement works to 70 metres of the existing U60769 Fish Wharf
Sheet 2 In the Borough of Great Yarmouth In the County of Norfolk	Ref C12 U60782 Middle Road West	Signage and improvement works to 166 metres of the existing U60782 Middle Road West to reflect the change in direction of operation of the one-way systems on U60795 Sutton Road and U60796 Swanston’s Road
Sheet 2 In the Borough of Great Yarmouth In the County of Norfolk	Ref C13 U60781 Middle Road East	Signage and improvement works to 166 metres of the existing U60781 Middle Road East to reflect the change in direction of operation of the one-way systems on U60795 Sutton Road and U60796 Swanston’s Road
Sheet 2 In the Borough of Great Yarmouth In the County of Norfolk	Ref C14 C609 Admiralty Road	Signage and improvement works to 229 metres of the existing C609 Admiralty Road to reflect the change in direction of operation of the one-way systems on U60795 Sutton Road and U60796 Swanston’s Road
Sheet 2 In the Borough of Great Yarmouth In the County of Norfolk	Ref C15 U60796 Swanston’s Road	Signage and improvement works to116 metres of the existing U60796 Swanston’s Road to change the direction of operation of the one-way system

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS

In relating this Schedule to the corresponding street plans, the provisions described in this Schedule are shown on the street plans in the following manner—

(a) streets to be stopped up, described in column (2) of Parts 1 and 2 of this Schedule, are shown by thick black hatching, over the extent of stopping up described in column (3) of each of those Parts and are given a reference (“Ref”) number, preceded by ‘A’, commencing with ‘1;

(b) new streets to be substituted for a street to be stopped up, or which are otherwise to be provided, as described in column (4) of Part 1 of this Schedule, are shown by red stipple and given a reference (“Ref”) number, preceded by ‘D’, commencing with ‘1’;

(c) private means of access to be stopped up, described in column (2) of Parts 3 and 4 of this Schedule, are shown by grey shading over the extent of stopping up described in column (3) of each of those Parts, and are given a reference (“Ref”) number, preceded by ‘B’, commencing with ‘1’; and

(d) new private means of access to be substituted for a private means of access to be stopped up, or which are otherwise to be provided, as described in column (4) of Part 3 of this Schedule, are shown by thin diagonal black hatching and are given a reference (“Ref”) number commencing with ‘1’.

PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW STREETS TO BE PROVIDED

(1) Street plans sheet number	(2) Street within the Borough of Great Yarmouth to be stopped up	(3) Extent of stopping up	(4) New street within the Borough of Great Yarmouth to be substituted, and other new streets to be provided
Sheet 1	Ref A1 C631 William Adams Way	To be stopped up over a distance of 186 metres eastwards from its junction with the existing A47 Harfrey’s roundabout	Ref D1 The new highways
Sheet 1	Ref A2 U61067 Queen Anne’s Road	To be stopped up over a distance of 20 metres westwards from its existing junction with C618 Suffolk Road	Ref D1 The new highways
Sheet 1	Ref A3 C618 Suffolk Road	To be stopped up over a distance of 61 metres northwards from its existing junction with C631 William Adams Way	Ref D1 The new highways
Sheet 1	Ref A4 U61067 Queen Anne’s Road	To be stopped up over a distance of 53 metres eastwards from its existing junction with C618 Suffolk Road	Ref D1 The new highways
Sheet 1	-	-	Ref D2 Provision of a new turning head on U61067 Queen Anne’s Road at a distance 105 metres westwards from the junction of U61067 Queen Anne’s Road and C630 Southtown Road
Sheet 1	-	-	Ref D3 Provision of turning facilities and parking on land at Cromwell Court situated at the western end of the existing U61057 Cromwell Road

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

(1) Street plans sheet number	(2) Street within the Borough of Great Yarmouth to be stopped up	(3) Extent of stopping up
Sheet 2	Ref A5 U60769 Fish Wharf	To be stopped up over a distance of 145 metres in a westward and then southward direction from its existing junction with the existing A1243 South Denes Road

PART 3 — PRIVATE MEANS OF ACCESS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW PRIVATE MEANS OF ACCESS TO BE PROVIDED

(1) Street plans sheet number	(2) Private means of access within the Borough of Great Yarmouth to be stopped up	(3) Extent of stopping up	(4) Private means of access within the Borough of Great Yarmouth to be substituted, and other new private means of access to be provided
Sheet 1	-	-	Ref 1 A new private means of access from U61054 Boundary Road, commencing 153 metres west from its existing junction with C618 Suffolk Road, to facilitate access for maintenance of existing drainage infrastructure
Sheet 1	-	-	Ref 2 A new private means of access from U61067 Queen Anne’s Road, commencing 42 metres west from its existing junction with C618 Suffolk Road, to facilitate access for maintenance of existing drainage infrastructure
Sheet 1	-	-	Ref 3 A new private means of access from C618 Suffolk Road, commencing 142 metres north from its junction with U61052 Alpha Road, for a distance of 93 metres, to facilitate access for maintenance
Sheet 1	-	-	Ref 4 A new private means of access from U61067 Queen Anne’s Road, commencing 42 metres west from its junction with C630 Southtown Road, for a distance of 47 metres, to facilitate access for maintenance
Sheet 1	-	-	Ref 5 A new private means of access from the new turning head at U61067 Queen Anne’s Road (Reference D2) to serve the new allotments
Sheet 1	-	-	Ref 6 A new private means of access from U61057 Cromwell Road to serve the new electricity substation, commencing 6 metres west from its junction with the existing C630 Southtown Road
Sheet 1	-	-	Ref 7 A new private means of access forming an exit ramp from Bollard Quay to the existing C630 Southtown Road, opposite its junction with U61074 Waveney Road, for a distance of 29 metres
Sheet 2	-	-	Ref 8 A new private means of access via the new underpass to facilitate access to land to the north and south of the new bridge eastern approach, for a distance of 33 metres
Sheet 2	-	-	Ref 9 A new private means of access from U60769 Fish Wharf, 115 metres from its junction with the existing A1243 South Denes Road, to facilitate access for maintenance of the new bridge and the new bridge eastern approach
Sheet 2	-	-	Ref 10 A new private means of access to serve the new electricity substation off U60769 Fish Wharf, commencing 30 metres west from its junction with the existing A1243 South Denes Road
Sheet 2	-	-	Ref 11 A new private means of access from A1243 South Denes Road to facilitate access for maintenance of the new bridge and new bridge eastern approach
Sheet 2	Ref B29 Access to the Neptune Warehouse, South Denes Road	A length from its junction with the existing A1243 South Denes Road, to its junction with U60769 Fish Wharf including the south western loop element	Ref 12 A new one-way private means of access from U60769 Fish Wharf for a distance of 136 metres northwards, then eastwards, to provide a left turn exit onto A1243 South Denes Road
Sheet 2	Ref B31 Access to the Atlas Terminal, South Denes Road	A length from its junction with the existing A1243 South Denes Road, for a distance of 12 metres	Ref 13 A new private means of access from the improved A1243 South Denes Road for a distance of 9 metres westwards to serve the Atlas Terminal
Sheet 2	Ref B32 Access to the Atlas Terminal (Scroby Sands Offshore Wind Farm, Operations and Maintenance Facility), Southgates Road	A length from its junction with the existing A1243 Southgates Road for a distance of 10 metres	Ref 14 A new private means of access from the improved A1243 Southgates Road for a distance of 7 metres westwards to serve the Atlas Terminal (Scroby Sands Offshore Wind Farm, Operations and Maintenance Facility)

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

(1) Street plans sheet number	(2) Private means of access within the Borough of Great Yarmouth to be stopped up	(3) Extent of stopping up
Sheet 1	Ref B1 Access to Units 1 - 13, Suffolk Road Enterprise Park, 50 metres north of its junction with the existing U61067 Queen Anne’s Road	A length from its junction with the existing C618 Suffolk Road, for a distance of 10 metres
Sheet 1	Ref B2 Access to Great Yarmouth & Gorleston Allotment Association allotments off U61067 Queen Anne’s Road, at the junction with the existing C618 Suffolk Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 1 metre
Sheet 1	Ref B3 Access to the Great Yarmouth and Waveney Mind site off U61067 Queen Anne’s Road, at the junction with the existing C618 Suffolk Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 2 metres
Sheet 1	Ref B4 Access to Great Yarmouth and Gorleston Allotment Association allotments off U61067 Queen Anne’s Road, 25 metres east of that road’s existing junction with C618 Suffolk Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 2 metres
Sheet 1	Ref B5 Access to No. 22 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B6 Access to No. 22 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B7 Access to No. 21 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B8 Access to No. 20 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B9 Access to No. 19 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B10 Access to No. 18 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B11 Access to No. 17 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B12 Access to No. 17 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B13 Access to No. 16 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B14 Access to No. 15 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B15 Access to No. 14 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B16 Access to No. 13 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B17 Access to No. 13 Queen Anne’s Road	A length from its junction with the existing U61067 Queen Anne’s Road, for a distance of 3 metres
Sheet 1	Ref B18 Access to No. 11 Cromwell Road	A length from its junction with the existing U61057 Cromwell Road, for a distance of 11 metres
Sheet 1	Ref B19 Access to No. 148 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 3 metres
Sheet 1	Ref B20 Access to No. 149 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 3 metres
Sheet 1	Ref B21 Access to No. 150 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 3 metres
Sheet 1	Ref B22 Access to No. 151 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 4 metres
Sheet 1	Ref B23 Access to No. 152 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 4 metres
Sheet 1	Ref B24 Access to No. 153 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 4 metres
Sheet 1	Ref B25 Access to No. 154 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 4 metres
Sheet 1	Ref B26 Access to No. 155 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 4 metres
Sheet 1	Ref B27 Access to No. 156 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 4 metres
Sheet 1	Ref B28 Access to No. 156 Southtown Road	A length from its junction with the existing C630 Southtown Road, for a distance of 4 metres
Sheet 2	Ref B30 Access to South Denes Car Sales, opposite the junction of A1243 South Denes Road and U60795 Sutton Road	A length from its junction with the existing A1243 South Denes Road, for a distance of 10 metres

SCHEDULE 5 — TRAFFIC REGULATION MEASURES

PART 1 — PROHIBITIONS AND RESTRICTIONS OF WAITING, LOADING, ETC.

In this Part of this Schedule the terms “disabled person’s badge” and “relevant position” each have the meanings given in the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000[^f00111].

(1) Traffic regulation measures plans sheet number and reference number	(2) Number, name and side of road within the Borough of Great Yarmouth and affected length	(3) Measure
Sheet 1 Reference 01	C631 William Adams Way north side (east bound) From its junction with the A47 Harfrey’s roundabout, to its junction with the new roundabout	All motor vehicles: no waiting at any time
Sheet 1 Reference 02	C631 William Adams Way south side (west bound) From its junction with the new roundabout, to its junction with the A47 Harfrey’s roundabout	All motor vehicles: no waiting at any time
Sheet 1 Reference 03	U61067 Queens Anne’s Road both sides From its junction with the new roundabout to a point 65 metres north west of that junction on the south side of U61067 Queen Anne’s Road and, on the north side, from its junction with the new roundabout to a point 45 metres north west of that junction	All motor vehicles: no waiting at any time
Sheet 1 Reference 04	C618 Suffolk Road both sides From its junction with the new roundabout northwards for a distance of 44 metres	All motor vehicles: no waiting at any time
Sheet 1 Reference 05	C631 William Adams Way north east side (south east bound) From its junction with the new roundabout to its junction with the C630 Southtown Road	All motor vehicles: no waiting at any time
Sheet 1 Reference 06	C631 William Adams Way south west side (north west bound) From its junction with C630 Southtown Road to its junction with the new roundabout	All motor vehicles: no waiting at any time
Sheet 1 Reference 07	U61067 Queen Anne’s Road south side From a point 96 metres north west from its junction with C630 Southtown Road in a north westerly direction for a distance of 20 metres	All motor vehicles: no waiting at any time
Sheet 1 Reference 08	U61067 Queen Anne’s Road north side From a point 96 metres north west from its junction with C630 Southtown Road in a north westerly direction for a distance of 20 metres including the turning head	All motor vehicles: no waiting at any time
Sheet 1 Reference 09	U61067 Queens Anne’s Road north side From its junction with C630 Southtown Road westwards for a distance of 40 metres	All motor vehicles: no waiting at any time
Sheet 2 Reference 11	A1243 South Denes Road east side From a point 10 metres north of the mid-point of its junction with the U60796 Swanston’s Road northwards to a point 15 metres south of the mid-point of its junction with U60795 Sutton Road	All motor vehicles: no waiting at any time
Sheet 2 Reference 12	A1243 Southgates Road east side From a point 16 metres north of the mid-point of its junction with the U60795 Sutton Road to a point 72 metres south of the mid-point of its junction with the U60757 Barrack Road	All motor vehicles: no waiting at any time
Sheet 2 Reference 14	U60795 Sutton Road north side From a point 10 metres east of its junction with the A1243 South Denes Road, to a point 48 metres east of that junction	All motor vehicles: no waiting at any time
Sheet 2 Reference 15	U60795 Sutton Road south side From a point 15 metres east of the mid-point of its junction with Middle Road East to a point 20 metres east of that junction	All motor vehicles: no waiting at any time
Sheet 2 Reference 17	U60795 Sutton Road south side From a point 4 metres west of the mid-point of its junction with U60781 Middle Road East, to a point 8 metres west of that junction	All motor vehicles: no waiting at any time
Sheet 2 Reference 18	U60795 Sutton Road south side From a point 4 metres east of the mid-point of its junction with U60781 Middle Road East, to a point 7 metres east of that junction	All motor vehicles: no waiting at any time
Sheet 1 and Sheet 2 Reference 19	The New Road north side (east bound) Entire length	All vehicles; no waiting, loading or unloading at any time
Sheet 1 and Sheet 2 Reference 20	The New Road south side (west bound) Entire length	All vehicles: no waiting, loading or unloading at any time
Sheet 1 and Sheet 2 Reference 26	C630 Southtown Road west side From a point 7 metres south of the junction with the U61057 Cromwell Road, to a point 77 metres south of the junction with U61057 Cromwell Road	All motor vehicles: no waiting at any time
Sheet 1 and Sheet 2 Reference 29	U61060 Cromwell Road south side From a point 30 metres west of its junction with C630 Southtown Road westwards for its remaining length	Road parking place: no restriction on times or duration of parking
Sheet 2 Reference 30	U60795 Sutton Road north side From its junction with C609 Admiralty Road to a point 69 metres west of that junction	Road parking place: no restriction on times or duration of parking
Sheet 2 Reference 31	U60795 Sutton Road south side From its junction with C609 Admiralty Road to a point 20 metres west of that junction	Road parking place: no restriction on times or duration of parking
Sheet 2 Reference 32	U60795 Sutton Road south side From a point 12 metres east of the mid-point of its junction with U60782 Middle Road West to a point 7 metres west of the mid-point of its junction with U60781 Middle Road East	Road parking place: no restriction on times or duration of parking
Sheet 2 Reference 33	U60795 Sutton Road south side From a point 7 metres east of its junction with U60781 Middle Road East to a point 15 metres east of that junction	Road parking place: no restriction on times or duration of parking
Sheet 2 Reference 35	U60782 Middle Road West east side From its junction with the U60795 Sutton Road southwards for a distance of 7 metres	All motor vehicles: no waiting at any time
Sheets 1 and 2 Reference 38	U61057 Cromwell Road south side From a point 35 metres west of its junction with Southtown Road, the provision of a disabled parking bay 6.6 metres in length	All motor vehicles: no waiting at any time save for a vehicle displaying a disabled person’s badge in the relevant position

PART 2 — DIRECTION OF TRAVEL, ENTRY, ETC.

(1) Traffic regulation measures plans sheet number and reference number	(2) Number, name and side of road within the Borough of Great Yarmouth and affected length	(3) Measure
Sheet 1 and Sheet 2 Reference 21	The New Road south side (west bound) From a point 120 metres west of its junction with A1243 South Denes Road for a distance of 135 metres in a westerly direction	All vehicles, pedestrians and persons driving, riding or leading a horse or other animal of draught or burden: prohibition of entry when indicated by signs and barriers or by direction of an authorised person
Sheet 1 and Sheet 2 Reference 34	The New Road north side (east bound) From a point 155 metres east of its junction with the new roundabout for a distance of 135 metres in an easterly direction	All vehicles, pedestrians and persons driving, riding or leading a horse or other animal of draught or burden: prohibition of entry when indicated by signs and barriers or by direction of an authorised person
Sheet 1 Reference 37	C618 Suffolk Road both sides From its junction with the new roundabout to its junction with U61054 Boundary Road	All vehicles: one way from south to north

PART 3 — VARIATION AND REVOCATION OF EXISTING ORDERS

(1) Traffic regulation measures plans sheet number and reference number	(2) Number, name and side of road within the Borough of Great Yarmouth and affected length	(3) Title of Order	(4) Variation or revocation
Sheet 1 and Sheet 2 Reference 16	U61067 Queen Anne’s Road both sides From its present junction with the C618 Suffolk Road eastwards for a distance of 15 metres	The Norfolk County Council (Great Yarmouth (Southtown), Various Roads) (Prohibition of Waiting) Consolidation and Variation Order 2011	Revocation of prohibition of waiting
Sheet 1 and Sheet 2 Reference 22	U61067 Queen Anne’s Road both sides At its junction with C630 Southtown Road	The Norfolk County Council (Various Roads, Great Yarmouth) (Prohibition of Driving) Order 1985	Revocation of prohibition of driving
Sheet 2 Reference 23	U60795 Sutton Road both sides Entire length	The Norfolk Country Council (Great Yarmouth and Gorleston, Various Roads) (One-Way) Consolidation Order 2015	Variation: reversal of current required direction of travel
Sheet 2 Reference 24	U60796 Swanston’s Road both sides Entire length	The Norfolk Country Council (Great Yarmouth and Gorleston, Various Roads) (One-Way) Consolidation Order 2015	Variation: reversal of current required direction of travel
Sheet 1 Reference 25	C618 Suffolk Road both sides From its present junction with William Adams Way northwards to its junction with U61054 Boundary Road	The Norfolk County Council (Great Yarmouth and Gorleston, Various Roads) (One-Way) Consolidation Order 2015	Revocation of south to north one way requirement
Sheet 2 Reference 27	U60795 Sutton Road both sides From a point 17 metres west of the mid-point of its junction with the U60781 Middle Road East eastwards for a distance of 34 metres	The Norfolk County Council (Great Yarmouth, (South Denes) Various Roads) (Prohibition of Waiting) Consolidation and Variation Order 2011	Revocation of prohibition of waiting
Sheet 2 Reference 28	U60795 Sutton Road both sides From its junction with the C609 Admiralty Road westwards for a distance of 4 metres	The Norfolk County Council (Great Yarmouth, (South Denes), Various Roads) (Prohibition of Waiting) Consolidation and Variation Order 2011	Revocation of prohibition of waiting
Sheet 1 and Sheet 2 Reference 36	U61057 Cromwell Road south side From a point 42 metres west of its junction with the C630 Southtown Road westwards for its remaining length	The Norfolk County Council (Great Yarmouth (Southtown), Various Roads) (Prohibition of Waiting) Consolidation and Variation Order 2011	Revocation of prohibition of waiting

SCHEDULE 6 — LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

(1) Location	(2) Plot reference number(s) shown on the land plans	(3) Purpose for which rights over land may be acquired	(4) Relevant part of the authorised development
The land plans – sheet 1	The land plans – sheet 1	The land plans – sheet 1	The land plans – sheet 1
In the Borough of Great Yarmouth In the County of Norfolk	1-02, 1-03, 1-04, 1-05, 1-06, 1-07, 1-08, 1-09	Acquisition of new rights (including the imposition of restrictive covenants) for the purpose of carrying out works to existing drainage infrastructure	Work No. 3
The land plans – sheet 2	The land plans – sheet 2	The land plans – sheet 2	The land plans – sheet 2
In the Borough of Great Yarmouth In the County of Norfolk	2-06, 2-08, 2-11, 2-12, 2-14, 2-15	Acquisition of new rights (including the imposition of restrictive covenants) for the purpose of constructing, protecting, accessing and maintaining the improved William Adams Way	Work No. 4
The land plans – sheet 3	The land plans – sheet 3	The land plans – sheet 3	The land plans – sheet 3
In the Borough of Great Yarmouth In the County of Norfolk	3-04	Acquisition of new rights (including the imposition of restrictive covenants) for the purpose of constructing, protecting, accessing and maintaining the authorised development	Work No. 6A
The land plans – sheet 4	The land plans – sheet 4	The land plans – sheet 4	The land plans – sheet 4
In the Borough of Great Yarmouth In the County of Norfolk	4-06, 4-09, 4-23	Acquisition of new rights (including the imposition of restrictive covenants) for the purpose of constructing, protecting, accessing and maintaining the authorised development	Work Nos. 6A, 6B, 7A, 7B and 8B

SCHEDULE 7 — 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 for the compulsory purchase of land and interests in land.

2

(1) Without limitation on the scope of paragraph 93, the 1961 Act has effect subject to the modification set out in sub-paragraph (2).

(2) For section 5A(5A) (relevant valuation date) of the 1961 Act substitute—

(5A) If— (a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 7 to the Great Yarmouth Third River Crossing Development Consent Order 2020 (“the 2020 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 7 to the 2020 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 when it entered on that land for the purpose of exercising that right.

3

(1) Without limitation on the scope of paragraph 93, 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 31 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 25 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 28(1) (compulsory acquisition of rights)—

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

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

5

(1) The modifications referred to in paragraph 96(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);

(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 so as to secure that, where the acquiring authority has served notice to treat in respect of any right or restrictive covenant, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 25), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restrictive covenant; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date, 12 (unauthorised entry) and 13 (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20 (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 31(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 of the 1965 Act substitute—

SCHEDULE 2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or a restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 (execution of declaration) of the 1981 Act as applied by article 32 (application of the 1981 Act) of the Great Yarmouth Third River Crossing Development Consent Order 2020 in respect of the land to which the notice to treat relates. (2) But see article 33(4) (acquisition of subsoil or airspace etc., only) of the Great Yarmouth Third River Crossing Development Consent Order 2020 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 acquiring authority to purchase the owner's interest in the house, building or factory. (4) A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. (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 the 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 acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraw 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. (15) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 8 — LAND IN WHICH ONLY AIRSPACE AND NEW RIGHTS MAY BE ACQUIRED

(1) Location	(2) Plot Reference Number(s) shown on the land plans	(3) Height above Ordnance Datum (m)	(4) Purpose(s) for which airspace and new rights may acquired
The land plans – sheet 4	The land plans – sheet 4	The land plans – sheet 4	The land plans – sheet 4
In the Borough of Great Yarmouth In the County of Norfolk	4-08	5.36 metres	Acquisition of airspace for the construction and operation of the new bridge and new rights (including restrictive covenants) below, for the protection and maintenance of the new bridge

SCHEDULE 9 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

(1) Location	(2) Plot reference Number(s) shown on the land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
The land plans – sheet 1	The land plans – sheet 1	The land plans – sheet 1	The land plans – sheet 1
In the Borough of Great Yarmouth In the County of Norfolk	1-01	Temporary possession of land to facilitate the improvement of the existing A47 Great Yarmouth Bypass in connection with the tie-in of the new highway (comprised in Work No. 2) to the existing highway network at Harfrey’s roundabout	Work Nos. 1 and 2
In the Borough of Great Yarmouth In the County of Norfolk	1-10	Temporary possession of land adjacent to the new roundabout to provide working space, including a construction compound for the construction of the authorised development	Work Nos. 2 and 3
In the Borough of Great Yarmouth In the County of Norfolk	1-20	Temporary possession of land to provide working space for the improvement of Suffolk Road, in connection with the provision of the new bridge western approach and associated works	Work Nos. 2 and 8A
The land plans – sheet 2	The land plans – sheet 2	The land plans – sheet 2	The land plans – sheet 2
In the Borough of Great Yarmouth In the County of Norfolk	2-01	Temporary possession of land to facilitate the improvement of the existing A47 Great Yarmouth Bypass in connection with the tie-in of the new highway (comprised in Work No. 2) to the existing highway network at Harfrey’s roundabout	Work Nos. 1 and 2
In the Borough of Great Yarmouth In the County of Norfolk	2-07	Temporary possession of land to provide mitigation and accommodation works for the benefit of the MIND Centre and Grounds	Work No. 12
The land plans – sheet 3	The land plans – sheet 3	The land plans – sheet 3	The land plans – sheet 3
In the Borough of Great Yarmouth In the County of Norfolk	3-01	Temporary possession of land to provide working space for the improvement of Southtown Road in connection with the provision of the new bridge western approach, including the provision of new public realm on Bollard Quay	Work Nos. 5, 6, 7 and 8
In the Borough of Great Yarmouth In the County of Norfolk	3-05	Temporary possession of land including riverbed to provide working space for the construction of the new bridge and associated works	Work Nos. 5, 6, 7 and 8
In the Borough of Great Yarmouth In the County of Norfolk	3-06, 3-07, 3-08, 3-09	Temporary possession of land within the Atlas Terminal to provide working space, including a construction compound for the construction of authorised development	Work Nos. 6, 7, 8 and 9
In the Borough of Great Yarmouth In the County of Norfolk	3-13, 3-16, 3-20, 3-21, 3-22	Temporary possession of land to provide working space for the improvement of South Denes Road and Southgates Road in connection with the provision of the new bridge eastern approach and associated works	Work Nos. 8 and 9
The land plans – sheet 4	The land plans – sheet 4	The land plans – sheet 4	The land plans – sheet 4
In the Borough of Great Yarmouth In the County of Norfolk	4-02	Temporary possession of land to provide working space for the improvement of Southtown Road in connection with the provision of the new bridge western approach, including the provision of new public realm on Bollard Quay	Work Nos. 5, 6, 7 and 8
In the Borough of Great Yarmouth In the County of Norfolk	4-07, 4-10, 4-25	Temporary possession of land including riverbed to provide working space for the construction of the new bridge and associated works	Work Nos. 5, 6, 7 and 8
In the Borough of Great Yarmouth In the County of Norfolk	4-13	Temporary possession of land within the Atlas Terminal to provide working space, including a construction compound for the construction of authorised development	Work Nos. 6B, 8C and 9
In the Borough of Great Yarmouth In the County of Norfolk	4-21, 4-26, 4-29	Temporary possession of land within the Atlas Terminal to provide working space, including a construction compound, for the construction of the authorised development	Work Nos. 6B, 7B, 8C and 9
In the Borough of Great Yarmouth In the County of Norfolk	4-27, 4-28	Temporary possession of land within the curtilage of the Neptune Warehouse to provide working space, including a construction compound for the construction of the authorised development	Work Nos. 6B, 7B, 8C and 9

SCHEDULE 10 — SCHEME OF OPERATION

PART 1 — PRELIMINARY

Interpretation

1

(1) In this Schedule the following expressions have the following meanings—

“the bridge” means the new bridge;

“the communications facilities” means an email address, web portal, telephone number and the VHF equipment detailed in paragraph 99(5);

“emergency vessel” means a vessel used to respond to an emergency whether operated by the GYPA, a recognised emergency service or deputised provider;

“excessive wind condition” means greater than 20m/s (10 minute average) wind speed;

“inbound vessel” means any vessel approaching the bridge from the mouth of the river Yare intending to transit the bridge in a northerly direction towards the Haven Bridge;

“large vessel” means any vessel to which a pilotage direction for Great Yarmouth Port made under section 7 (pilotage directions) of the Pilotage Act 1987 applies;

“opening request” means a request given in respect of a vessel specifying the opening time that it requires the bridge to be open;

“opening request revision” means a request for an amendment to a vessel's passage plan and to the opening time specified in an opening request;

“opening time” means the time when the vessel requires the bridge to be open as specified in an opening request;

“outbound vessel” means any vessel approaching the bridge from the Haven Bridge intending to transit the bridge in a southerly direction towards the river Yare;

“peak hours” means the periods on any day between—08:00 and 09:00; and16:30 and 17:30;

“port” means Great Yarmouth Port;

“recreational opening” means the opening of the bridge to allow the passage of a recreational vessel;

“recreational vessel” means any vessel being used solely for leisure purposes at the time the vessel transits through Great Yarmouth Port and includes any commercially operated hire vessel used or rented for leisure use; and

“specified event” means—an emergency (either marine or landside and includes a road traffic accident on or close to the bridge);excessive wind condition or other adverse weather conditions such as affects the safe operation of the bridge;a vessel colliding with the bridge;a power failure, hydraulic failure or mechanical failure; orany other circumstance beyond the reasonable control of the undertaker.

(2) Paragraphs 100 to 103 are subject to paragraph 105 in their application to a recreational vessel.

PART 2 — OPERATIONAL PROVISIONS

Bridge operations

2

(1) The following provisions apply to the undertaker.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

The Great Yarmouth Third River Crossing Development Consent Order 2020

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

Time limits

2

Commencement of the authorised development

3

Design of the authorised development

4

Detailed design of specified structures

5

Code of construction practice

6

Landscaping and ecological management plan

7

Existing trees and hedgerows

8

Contamination

9

Emergency Preparedness and Response Plan

10

Surface water drainage

11

Lighting

12

Completion and availability of particular works

13

Archaeology

14

Preliminary navigation risk assessment

15

Signs at vessel waiting facilities

16

Amendments to approved details

17

Details of consultation

18

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation

19

Applications made under requirements

20

Further information relating to application

21

Appeals

22

PART 3 — SUPPLEMENTARY PROVISIONS

Publication of requirements

23

Service of documents

24

Anticipatory steps relevant to specified consent

25

SCHEDULE 3 — STREETS SUBJECT TO PERMANENT LAYOUT AND OTHER ALTERATIONS

SCHEDULE 4 — PERMANENT STOPPING UP OF STREETS AND PRIVATE MEANS OF ACCESS

PART 1 — STREETS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW STREETS TO BE PROVIDED

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

PART 3 — PRIVATE MEANS OF ACCESS FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND OTHER NEW PRIVATE MEANS OF ACCESS TO BE PROVIDED

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

SCHEDULE 5 — TRAFFIC REGULATION MEASURES

PART 1 — PROHIBITIONS AND RESTRICTIONS OF WAITING, LOADING, ETC.

PART 2 — DIRECTION OF TRAVEL, ENTRY, ETC.

PART 3 — VARIATION AND REVOCATION OF EXISTING ORDERS

SCHEDULE 6 — LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

SCHEDULE 7 — MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments

1

2

3

Application of Part 1 of the 1965 Act

4

5

SCHEDULE 8 — LAND IN WHICH ONLY AIRSPACE AND NEW RIGHTS MAY BE ACQUIRED

SCHEDULE 9 — LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

SCHEDULE 10 — SCHEME OF OPERATION

PART 1 — PRELIMINARY

Interpretation

1