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The M25 Junction 28 Development Consent Order 2022

Type Statutory-Instrument

Publication 2022-05-16

Last updated 2024-10-30

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) any agreement entered into by the undertaker with any person for the construction, maintenance, use or operation of the authorised development, or any part of it,

so far as any such agreement relates to the terms on which any land which is the subject of a lease granted by or under that agreement is to be provided for that person’s use.

(2) No enactment or rule of law regulating the rights and obligations of landlords and tenants prejudices the operation of any agreement to which this article applies.

(3) No such enactment or rule of law applies in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

(a) exclude or in any respect modify any of the rights and obligations of those parties under the terms of the lease, whether with respect to the termination of the tenancy or any other matter;

(b) confer or impose on any such party any right or obligation arising out of or connected with anything done or omitted on or in relation to land which is the subject of the lease, in addition to any such right or obligation provided for by the terms of the lease; or

(c) restrict the enforcement (whether by action for damages or otherwise) by any party to the lease of any obligation of any other party under the lease.

Operational land for purposes of the 1990 Act

42

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

Defence to proceedings in respect of statutory nuisance

43

(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990[^f00081] in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2)[^f00082] of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974[^f00083]; or

(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or

(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.

(2) Section 61(9)[^f00084] (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.

Protection of interests

44

Schedule 9 (protective provisions) has effect.

Certification of documents, etc.

45

(1) As soon as practicable after the making of this Order, the undertaker must submit copies of each of the plans and documents set out in Schedule 10 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 10 requires to be amended to reflect the terms of the Secretary of State’s decision to make the Order, that plan or document in the form amended to the Secretary of State’s satisfaction is the version of the plan or document required to be certified under paragraph (1).

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

Service of notices

46

(1) A notice or other document required or authorised to be served for the purposes of this Order may be served—

(a) by post;

(b) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied; or

(2) Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978[^f00085] as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and

(b) in any other case, the last known address of that person at the time of service.

(4) Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and the name or address of that person cannot be ascertained after reasonable enquiry, the notice may be served by—

(a) addressing it to that person by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and

(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement will be taken to be fulfilled only where—

(a) the recipient of the notice or other document to be transmitted has given consent to the use of electronic transmission in writing or by electronic transmission;

(b) the notice or document is capable of being accessed by the recipient;

(d) the notice or document is in a form sufficiently permanent to be used for subsequent reference.

(6) Where the recipient of a notice or other document served or sent by electronic transmission notifies the sender within 7 days of receipt that the recipient requires a paper copy of all or part of that notice or other document the sender will provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (8).

(8) Where a person is no longer willing to accept the use of electronic transmission for any of the purposes of this Order—

(a) that person must give notice in writing or by electronic transmission revoking any consent given by that person for that purpose; and

(b) such revocation is final and takes effect on a date specified by the person in the notice but that date must not be less than 7 days after the date on which the notice is given.

(9) This article does not exclude the employment of any method of service not expressly provided for by it.

(10) In this article “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

Disapplication of legislative provisions

47

(1) The following provisions do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction or maintenance of the authorised development—

(a) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016[^f00086] in relation to the carrying on of a flood risk activity;

(b) section 23 (prohibition on obstructions etc. in watercourses) of the Land Drainage Act 1991[^f00087];

(d) section 32[^f00089] (variation of awards) of the Land Drainage Act 1991;

(e) the provisions of any byelaws made under section 66[^f00090] (powers to make byelaws) of the Land Drainage Act 1991; and

(f) the provisions of any byelaws made under, or having effect as if made under, paragraph 5, 6 or 6A of Schedule 25 (byelaw-making powers of the appropriate agency) to the Water Resources Act 1991[^f00091].

(2) In paragraph (1)(a) “flood risk activity” has the meaning given in paragraph 3(1) of Part 1 of Schedule 25 to the Environmental Permitting (England and Wales) Regulations 2016.

(3) The provisions of the Neighbourhood Planning Act 2017[^f00092], insofar as they relate to temporary possession of land under articles 34 (temporary use of land for carrying out the authorised development) and 35 (temporary use of land for maintaining the authorised development) of this Order, do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within the maintenance period defined in article 35(13), any maintenance of any part of the authorised development.

(4) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 (meaning of “development”) of the Community Infrastructure Levy Regulations 2010[^f00093] any building comprised in the authorised development is to be—

(a) a building into which people do not normally go; or

(b) a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Amendment of local legislation

48

(1) The following local enactments and local byelaws, and any byelaws or other provisions made under any of those enactments or byelaws, are hereby excluded and do not apply insofar as inconsistent with a provision, of or a power conferred by, this Order—

(a) sections 20, 22, 25 of the Hornchurch, Romford and Havering Inclosures Act 1811[^f00094];

(b) section 25 of the Great Warley and Shenfield (Essex) Inclosure Act 1838[^f00095];

(d) section 53 of the Brentwood Gas Act 1905[^f00097];

(e) sections 41 and 44 of the London County Council (General Powers) Act 1907[^f00098];

(f) section 15 of the British Transport Commission Act 1952[^f00099];

(g) sections 7 and 11 of the Essex River and South Essex Water Act 1969[^f00100];

(h) sections 6 and 8 of the Essex Act 1987[^f00101];

(i) byelaws of the Rural District Council of Romford as to the nuisances in connection with the removal of offensive noxious matters 1899;

(j) byelaws of the Rural District Council of Romford with respect to the Drainage of Buildings 1908;

(k) byelaw 4 of the Essex County Council byelaws for the Good Rule and Government 1938;

(l) byelaws 4, 6 and 7 of the Urban District of Hornchurch byelaws for Nuisances 1938;

(m) byelaws of the Urban District Council of Hornchurch as to removal through streets of offensive or noxious matter or liquid 1938; and

(n) byelaws 4, 6, 7, 9, 14, 16 and 17 of the Thames Region Land Drainage Byelaws 1981.

(2) For the purpose of paragraph (1) a provision is inconsistent with the exercise of a power conferred by this Order to the extent that—

(a) it would make it an offence to take action, or not to take action, in pursuance of a power conferred by this Order;

(b) action taken in pursuance of the power would cause the provision to apply so as to enable a person to require the taking of remedial or other action or so as to enable remedial or other action to be taken; or

(c) action taken in pursuance of a power or duty under the provisions would or might interfere with the exercise of any work authorised by this Order.

(3) Where any person notifies the undertaker in writing that anything done or proposed to be done by the undertaker or by virtue of this Order would amount to a contravention of a statutory provision of local application, the undertaker must as soon as reasonably practicable, and in any event within 14 days of receipt of the notice, respond in writing setting out—

(a) whether the undertaker agrees that the action taken or proposed does or would contravene the provision of local application;

(b) if the undertaker does agree, the grounds (if any) on which the undertaker believes that the provision is excluded by this article; and

No double recovery

49

Compensation is not payable in respect of the same matter both under this Order and under any other enactment, any contract, or any rule of law, or under two or more different provisions of this Order.

Disregard of certain improvements etc.

50

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

(a) any interest in land; or

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

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

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

Set off for enhancement in value of retained land

51

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

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

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

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

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

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

Appeals relating to the Control of Pollution Act 1974

52

(1) Except as otherwise provided in this Order, the undertaker may appeal in the event that a local authority issues a notice under section 60 (control of noise on construction sites), or does not give consent or grants consent but subject to conditions, under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974[^f00102].

(2) The appeal process is as follows—

(a) any appeal by the undertaker must be made within 42 days of the date of the notice of the decision, or the date by which a decision was due to be made, as the case may be;

(b) 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 local authority and affix a notice to a conspicuous object on or near the site of the works which are the subject of such appeal, which must give details of the decision of the local authority and notice that an appeal has been made together with the address within the locality where the appeal documents may be inspected and details of the manner in which representations on the appeal may be made;

(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, a start date and the address to which all correspondence for their attention should be sent;

(d) the local authority must submit their written representations to the appointed person in respect of the appeal within 10 business days of the start date 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 undertaker 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 under sub-paragraph (d); and

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

(3) The appointment of the person under 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 under paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to other appeal parties by the date specified by the appointed person.

(6) The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day.

(7) The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the agreed date but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c) to (e).

(8) 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 local 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.

(9) 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 the relevant time limits.

(10) 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.

(11) 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 judicial review.

(12) Except where a direction is given under paragraph (13) requiring some or all of the costs of the appointed person to be paid by the local authority, the reasonable costs of the appointed person must be met by the undertaker.

(13) The appointed person may give directions as to the costs of the appeal and as to the parties by whom such costs are to be paid.

(14) 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 the relevant Planning Practice Guidance published by the Ministry of Housing, Communities and Local Government or such guidance as may from time to time replace it.

Arbitration

53

Except where otherwise expressly provided for in this Order and unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

The authorised development comprises a nationally significant infrastructure project as defined in sections 14 and 22 of the 2008 Act and associated development, as defined in section 115(2) of the 2008 Act, comprising—

HIGHWAY WORKS – A12 CARRIAGEWAY

In the London Borough of Havering and the Borough of Brentwood

Work No. 1 — Improvements to a stretch of the existing A12 eastbound carriageway, along a length of 1,800 metres, commencing at a location situated 15 metres to the west of Woodstock Avenue and continuing eastwards to a point situated 160 metres to the west of the existing Wigley Bush Lane overbridge, as shown on sheets 1 and 2 of the works plans.

In the London Borough of Havering

Work No. 2 — Realignment of the existing A12 eastbound off-slip, along a length of 760 metres, inclusive of the diverge, commencing at a location situated 265 metres west of the existing off-slip, and terminating at the existing circulatory carriageway of the M25 Junction 28 roundabout, as shown on sheet 1 of the works plans. Work No. 2 includes a footway within the verge, a new bridge (Maylands bridge) to carry the realigned A12 eastbound off-slip over Work No. 6 and the extension of the existing Grove culvert not exceeding 80 metres in length, beneath the realigned A12 eastbound off-slip.

In the Borough of Brentwood

Work No. 3 — Improvements to a stretch of the existing A12 eastbound on-slip, along a length of 550 metres, commencing at the existing on-slip offside kerb at the circulatory carriageway of the M25 Junction 28 roundabout and terminating at a location situated 160 metres to the west of the existing Wigley Bush Lane Overbridge, as shown on sheets 1 and 2 of the works plans.

In the London Borough of Havering

Work No. 4 — Improvements to the existing A12 westbound carriageway, at a location situated 230 metres east of Maylands Way, as shown on sheet 1 of the works plans comprising the installation of new traffic signs either side of the carriageway.

HIGHWAY WORKS - M25 JUNCTION 28 ROUNDABOUT

In the London Borough of Havering

Work No. 5 — Improvements to the existing circulatory carriageway of the M25 Junction 28 roundabout, along a length of 610 metres, at the location shown on sheet 1 of the works plan.

HIGHWAY WORKS – NEW M25 JUNCTION 28 LOOP ROAD

In the London Borough of Havering

Work No. 6 — A new loop road, 1,450 metres in length, inclusive of the diverge and merge, connecting the existing M25 northbound carriageway and the existing A12 eastbound carriageway, commencing at the northern end of the Brook Street Viaduct and terminating at the western end of Poplars West bridge; running generally northwards, passing over the proposed M25 northbound on-slip (Work No. 8), then looping west of the M25 carriageway, passing over the realigned Weald Brook (Work No. 23C), then looping southwards, passing beneath Work No. 2, passing over the Weald Brook and the Ingrebourne River before tying into the existing A12 eastbound carriageway at the existing Poplar West bridge, as shown on sheet 1 of the works plans. Work No. 6 includes—

(a) a new bridge, labelled ‘Alder Wood bridge’ on sheet 1 of the works plans, to carry Work No. 6 over the M25 northbound on-slip (Work No. 8);

(b) a new underpass, labelled ‘Grove Farm Underpass’ on sheet 1 of the works plans, to carry Work No. 6 over a proposed access track (Work No. 14);

(c) a new bridge, labelled ‘Duck Wood bridge’ on sheet 1 of the works plans, to carry Work No. 6 over the realigned Weald Brook (Work No. 23C); and

(d) a new bridge, labelled ‘Grove bridge’ on sheet 1 of the works plans, to carry Work No. 6 over the realigned Weald Brook (Work No. 23B) and Ingrebourne River (Work No. 23D).

HIGHWAY WORKS – M25 CARRIAGEWAY

In the London Borough of Havering and the Borough of Brentwood

Work No. 7 — Improvements to a stretch of the existing M25 northbound carriageway, commencing at the northern end of the Brook Street viaduct on the M25 mainline and continuing north westwards for a length of 1,250 metres as shown on sheets 1 and 3 of the works plans.

In the London Borough of Havering

Work No. 8 — Realignment of a stretch of the existing M25 northbound on-slip, along a length of 1,230 metres, inclusive of the merge, including the extension of two existing culverts, commencing at the existing circulatory carriageway of the M25 Junction 28 roundabout and terminating at a point 1,180 metres north of the existing Brook Street Viaduct, as shown on sheets 1 and 3 of the works plans.

M25 GANTRIES AND SIGNAGE

In the London Borough of Havering

Work No. 9 — A new gantry, or similar signage, over the M25 carriageway, at a location situated 215 metres north of the existing Brook Street Viaduct of the M25 Junction 28 roundabout, as shown on sheet 1 of the works plans.

Work No. 10 — A new gantry, or similar signage, over the M25 carriageway, at a location situated 1,272 metres north of the existing Brook Street Viaduct as shown on sheet 3 of the works plans.

Work No. 11 — A new gantry, or similar signage, over the M25 carriageway, at a location situated 10 metres north of the Brook Street Viaduct, as shown on sheet 1 of the works plans.

HIGHWAY WORKS – M25 NORTHBOUND OFF-SLIP

In the London Borough of Havering and the Borough of Brentwood

Work No. 12 — Improvements to the existing M25 motorway northbound off-slip, along a length of 166 metres, commencing at a location situated 125 metres north of the Poplar Railway bridge and continuing north westwards until the existing circulatory carriageway of the M25 Junction 28 roundabout, as shown on sheet 1 of the works plans.

OTHER HIGHWAYS, PUBLIC RIGHTS OF WAY AND PRIVATE MEANS OF ACCESS

In the London Borough of Havering

Work No. 13 — A new private means of access, 600 metres in length, commencing at Work No. 19B and continuing in a north westerly direction, along the outer alignment of Work No. 6 and terminating in a north-eastwards and, separately, north-westwards direction at a location south of Work No. 24A and west of the proposed Duck Wood bridge, as shown on sheet 1 of the works plans.

Work No. 14 — A new private means of access 519 metres in length, commencing at a point situated 100 metres north of the existing Grove Farm access, passing through the proposed Grove Farm Underpass (Work No. 6) and terminating 125 metres north of the aforementioned Underpass in a westwards and, separately, southwards direction, as shown on sheets 1 and 3 of the works plans. Work No. 14 includes a secondary section of private means of access, 30 metres in length and branching westwards from a location to the northwest of the proposed Grove Farm Underpass (Work No. 6) and terminating in a northwards and, separately, westwards direction as shown on sheet 1 of the works plans.

Work No. 15 — Alterations to the existing egress from Grove Farm, 87 metres in length, commencing at a point situated to the north west of the existing Grove Farm residential property and terminating at Work No. 2, as shown on sheet 1 of the works plans.

Work No. 16 — Alterations to the existing access and egress serving land situated to the immediate north of the A12, commencing at a new junction with the new private means of access (Work No. 19A), at a point situated 42 metres from the junction of the aforementioned new private means of access and the A12, and continuing northwards for a distance of 35 metres in length as shown on sheet 1 of the works plans.

EARTH WORKS

In the London Borough of Havering

Work No. 17 —Not used

Work No. 18 —Construction of an environmental bund over an area of land 25,565 square metres in area, situated alongside the new loop road (Work No. 6) and to the north of Work No. 19B as shown on sheet 1 of the works plans.

DRAINAGE WORKS

In the London Borough of Havering

Work No. 19A — A new private means of access, 290 metres in length, commencing at a new junction with the A12 eastbound carriageway situated at a location lying 50 metres to the east of the existing access to Maylands Golf Course and terminating at Work No. 19B, as shown on sheet 1 of the works plans.

Work No. 19B — A new attenuation pond, together with associated private means of access and drainage facilities, 2,600 square metres in area, and situated at a location to the north of Work No. 2 and west of Work No. 6, as shown on sheet 1 of the works plans.

Work No. 20A — A new private means of access, 65 metres in length, commencing at a location situated 110 metres south west of Duck Wood bridge and terminating at Work No. 20B, as shown on sheet 1 of the works plans.

Work No. 20B — A new attenuation pond, together with associated private means of access and drainage facilities, 7,000 square metres in area, and situated at a location to the west of the Weald Brook, as shown on sheet 1 of the works plans.

Work No. 21A — A new private means of access, 40 metres in length, commencing at a location situated 30 metres south of Grove Farm Underpass and terminating at Work No. 20B as shown on sheet 1 of the works plans.

Work No. 21B — A new attenuation pond, together with associated private means of access and drainage facilities, 4,200 square metres in area, and situated at a location to the north east of the Weald Brook, as shown on sheet 1 of the works plans.

Work No. 22 — A new drainage outfall pipe, 50 metres in length, between Work No. 21B and Weald Brook, as shown on sheet 1 of the works plans.

REALIGNMENT OF WATERCOURSES

In the London Borough of Havering

Work No. 23A — Realignment of a stretch of the Weald Brook, along a length of85 metres, commencing at a location situated to the immediate east of Work No. 20B as shown on sheet 1 of the works plans.

Work No. 23B — Realignment of a stretch of the Weald Brook, along a length of 250 metres, commencing at a location situated within the proposed loop road (Work No. 6), and passing beneath Work No. 2 at the location of the proposed new Maylands bridge and beneath Work No. 6 at the location of the proposed Grove bridge, as shown on sheet 1 of the works plans.

Work No. 23C — Realignment of a stretch of the Weald Brook, along a length of 40 metres, at a location situated beneath Work No. 6 at the location of the proposed Duck Wood bridge, as shown on sheet 1 of the works plans.

Work No. 23D — Realignment of a stretch of the Ingrebourne River, along a length of 200 metres, commencing at a point situated north of the A12 (Work No. 1), beneath the proposed Grove bridge on Work No. 6, and terminating at the location of the Grove Culvert extension, proposed as part of Work No. 2, as shown on sheet 1 of the works plans.

ENVIRONMENTAL MITIGATION AND COMPENSATION

In the London Borough of Havering

Work No. 24A — A new flood compensation area, 2,100 square metres in area, and situated to the immediate northwest of Work No. 6, as shown on sheets 1 and 3 of the works plans.

Work No. 24B — A new flood compensation area, 7,800 square metres in area, and situated within the proposed loop road (Work No. 6), to the west of the realigned Weald Brook (Works Nos. 23A and 23B), as shown on sheet 1 of the works plans.

Work No. 25 — Environmental works, including the construction of ecological compensation areas, 90,000 square metres in area, on land situated to the west and northwest of Work No. 6, as shown respectively on sheets 1 and 3 of the works plans.

Work No. 26 — A new ecological mitigation area, 3,500 square metres in area, on land situated between Work No. 2 and Work No. 6, as shown on sheet 1 of the works plans.

Work No. 27— A new pond, for environmental mitigation purposes, 500 square metres in area, and situated at a location to the north of Work No. 28 as shown on sheet 3 of the works plans.

Work No. 28— A new pond, for environmental mitigation purposes, 500 square metres in area, and situated at a location to the south of Work No. 27 and west of Work No. 24A as shown on sheet 3 of the works plans.

UTILITIES

In the London Borough of Havering

Work No. 29 — Diversion of an existing underground Cadent high pressure (33bar) gas pipeline, through installation of a new underground high pressure (33bar) gas pipeline, 860 metres in length, commencing at a point situated west of Weald Brook and south of the A12 (Work No. 1) and terminating north of Work No. 24A as shown on sheets 1 and 3 of the works plans.

Work No. 30 — Diversion underground of an existing UKPN 11 kV overhead electric line, 890 metres in length, commencing at a point situated at the existing UKPN sub-station north of the existing Grove Farm access as shown on sheet 1 of the works plans and terminating adjacent to the southern proposed culvert extension to the west of the M25 northbound carriageway as shown on sheet 3 of the works plans.

Work No. 31 — Works associated with the provision of ducting and cabling between the proposed new gantry (Work No. 10) and the existing motorway communications cabinet on the M25 northbound, situated at a location 825 metres northwards of the existing M25 Northbound on-slip at M25 Junction 28, as shown on sheet 3 of the works plans.

ACCOMMODATION WORKS

Work No. 32 — Accommodation works to provide replacement facilities for Maylands Golf Course, over an area of land 54,578 square metres in area and situated at a location to the west of Work No. 29 as shown on sheets 1 and 3 of the works plans.

In connection with the construction of any of the works mentioned above, such ancillary development within the Order limits which does not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement, consisting of—

(a) alteration of the layout of any street permanently or temporarily, including but not limited to increasing or reducing the width of the carriageway of any street by increasing or reducing the width of any kerb, footway, cycle track or verge within the street; and altering the level of any such kerb, footway, cycle track, or verge within the street;

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

(d) the remediation of any carriageway made redundant by the stopping up of any highway or means of access;

(e) ramps, means of access (including private means of access), footpaths, footways, cycle tracks, non-motorised links and crossing facilities;

(f) embankments, cuttings, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, barriers (including road restraint, safety barriers), parapets, wing walls, new and replacement highway lighting, roadside signage, fencing and drainage works (including carrier drains, filter drains, outfalls, pumping stations, culverts headwalls, ditches, attenuation earthwork ditches, soakaways, pollution control devices, and catch pits);

(g) the erection of highway boundary fencing, including gates, anti-dazzle fencing and the realignment of existing highway fencing;

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

(i) works to place, alter, divert, relocate, remove or maintain street furniture, apparatus, services, plant and other equipment in a street, or in other land, including mains, sewers, drains, pipes, hydrants, cables, ducts and associated cabinets, CCTV, radar and traffic detection equipment and lights;

(j) works to alter the course of, or otherwise interfere with a watercourse;

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

(l) works for the benefit or protection of land affected by the authorised development;

(m) site preparation works, site clearance (including fencing, vegetation removal, demolition of existing structures and the creation of alternative footpaths), earthworks (including soil stripping and storage and site levelling) and remediation of any contamination;

(n) the felling of trees and hedgerows;

(o) the establishment of construction compounds and working sites, storage areas, temporary vehicle parking, construction fencing, hoarding and perimeter enclosure, security fencing, construction-related buildings, welfare facilities, temporary worker accommodation facilities for vehicle recovery crew, vehicle recovery, construction lighting, haulage roads; borrow pits and other buildings, machinery, apparatus, works and conveniences;

(p) the provision of other works including pavement works, carriageway surfacing, kerbing and paved areas works, signing, signals, the modification or demolition of existing gantries, new and replacement highway safety barriers, road markings, traffic management measures including temporary roads, temporary earthworks and construction site accesses and such other works as are associated with the construction of the authorised development; and

(q) such other works, working sites storage areas, works of demolition or works of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development.

SCHEDULE 2 — REQUIREMENTS

PART 1 — REQUIREMENTS

Interpretation

1

In this Schedule—

“completed” in relation to a relevant part of the authorised development means the relevant part of the authorised development is completed and fully open to traffic and “completion” is to be construed accordingly;

“contaminated land” has the same meaning as in section 78A (preliminary) of the Environmental Protection Act 1990[^f00103];

“European protected species” has the same meaning as in regulations 42 (European protected species of animals) and 46 (European protected species of plants) of the Conservation of Habitats and Species Regulations 2017[^f00104];

“Ground Investigation Report” means the document of that description certified by the Secretary of State as the Ground Investigation Report for the purposes of this Order;

“HEMP” means the Handover Environmental Management Plan;

“LEMP” means the Landscape and Ecology Management and Monitoring Plan;

“Manual of Contract Documents for Highway Works” means the document of that name published electronically by or on behalf of the strategic highway authority for England or any equivalent replacement published for that document;

“nationally protected species” means any species protected under the Wildlife and Countryside Act 1981[^f00105];

“Outline Arboricultural Method Statement” means the document of that description certified by the Secretary of State as the Outline Arboricultural Method Statement for the purposes of this Order;

“Outline CEMP” means the document of that description certified by the Secretary of State as the Outline Construction Environmental Management Plan for the purposes of this Order;

“Outline Archaeological Management Plan” means the document of that description certified by the Secretary of State as the Outline Archaeological Management Plan for the purposes of this Order;

“Outline LEMP” means the document of that description certified by the Secretary of State as the Outline Landscape and Ecology Management and Monitoring Plan for the purposes of this Order;

“Outline Traffic Management Plan” means the document of that description certified by the Secretary of State as the Outline Traffic Management Plan for the purposes of this Order;

“Preliminary Environmental Design” means the document of that description comprised within Figure 2.2 of the Environmental Statement; and

“REAC” means the document of that description certified by the Secretary of State as the Register of Environmental Actions and Commitments for the purposes of this Order.

Time limits

2

The authorised development must commence no later than the expiration of 5 years beginning with the date that this Order comes into force.

Detailed design

3

(1) The authorised development must be designed in detail and carried out so that it is compatible with the preliminary scheme design shown on the engineering drawings and sections and the report mentioned in sub-paragraph (3), unless otherwise agreed in writing by the Secretary of State, provided that the Secretary of State is satisfied that any amendments to the engineering drawings and sections showing departures from the preliminary scheme design (arising from the report or otherwise) would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(2) Where amended details are approved by the Secretary of State under sub-paragraph (1), those details are deemed to be substituted for the corresponding engineering drawings and sections and the undertaker must make those amended details available online for inspection by members of the public.

(3) The report mentioned in sub-paragraph (1), is a report to be prepared by the undertaker of its findings following a review of the design of the bridges and any significant structures of the authorised development; the review to be carried out in consultation with the relevant planning authority and the relevant highway authority.

Construction Environmental Management Plan

4

(1) No part of the authorised development is to commence until a CEMP, in accordance with the Outline CEMP, for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, relevant highway authority and the Environment Agency to the extent that it relates to matters relevant to its functions.

(2) The CEMP must be written in accordance with ISO14001 and, so far as is relevant to that part of the authorised development, must be in accordance with the relevant mitigation measures set out in the REAC, and must include the following management plans—

(a) pollution prevention plan;

(b) dust noise and nuisance management plan;

(d) invasive species management plan;

(e) surface water management plan;

(f) contaminated land management plan;

(g) soil handling management plan;

(h) material management plan;

(i) site waste management plan;

(j) material, waste storage and refuelling plan;

(k) energy and resource use management plan;

(l) emergency response plan; and

(m) community engagement plan.

(3) The construction of the authorised development must be carried out in accordance with the approved CEMP.

(4) A HEMP must be developed and completed by the end of the construction, commissioning and handover stage of the authorised development, in accordance with the process set out in the approved CEMP.

(5) The authorised development must be operated and maintained in accordance with the HEMP.

Landscaping

5

(1) The authorised development must be landscaped in accordance with a landscaping scheme and LEMP which set out details of all proposed hard and soft landscaping works and which has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority, relevant highway authority and the Environment Agency on matters related to its functions.

(2) The landscaping scheme and LEMP must be in accordance with the relevant mitigation measures set out in the REAC and with the Preliminary Environmental Design and the Outline LEMP.

(3) The landscaping scheme prepared under sub-paragraph (1) must include details of—

(a) location, number, species mix, size and planting density of any proposed planting;

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

(d) proposed finished ground levels;

(e) implementation timetables for all landscaping works; and

(f) measures for the replacement, in the first available planting season, of any tree or shrub planted as part of the landscaping scheme that, within a period of 5 years after the completion of the part of the authorised development to which the relevant landscaping scheme relates, dies, becomes seriously diseased or is seriously damaged.

(4) All landscaping works must be carried out to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards and other recognised codes of good practice.

Contaminated land and groundwater

6

(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development which was not previously identified in the environmental statement or in the Ground Investigation Report, it must be reported as soon as reasonably practicable to the Secretary of State, the relevant planning authority, relevant highway authority and the Environment Agency, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority and the Environment Agency.

(2) Where the undertaker determines that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority on matters related to its function and the Environment Agency.

(3) Remediation must be carried out in accordance with the approved scheme.

Protected species

7

(1) No part of the authorised development is to commence until for that part, final pre-construction survey work has been carried out to establish whether European or nationally protected species are present on any of the land affected or likely to be affected by that part of the relevant works, or in any of the trees and shrubs to be lopped or felled as part of the relevant works.

(2) Following pre-construction survey work or at any time when carrying out the authorised development, where—

(a) a protected species is shown to be present, or where there is a reasonable likelihood of it being present;

(b) application of the relevant assessment methods used in the environmental statement show that a significant effect is likely to occur which was not previously identified in the environmental statement; and

(c) that effect is not addressed by any prior approved scheme of protection and mitigation established in accordance with this paragraph,

the relevant parts of the relevant works must cease until a scheme of protection and mitigation measures has been submitted to and approved in writing by the Secretary of State.

(3) The undertaker must consult with Natural England on the scheme referred to in sub-paragraph (2) prior to submission to the Secretary of State for approval, except where a suitably qualified and experienced ecologist, holding where relevant and appropriate a licence relating to the species in question, determines that the relevant works do not require a protected species licence.

(4) The relevant works under sub-paragraph (2) must be carried out in accordance with the approved scheme, unless otherwise agreed by the Secretary of State after consultation by the undertaker with Natural England, and under any necessary licences.

Surface and foul water drainage

8

(1) No part of the authorised development is to commence until for that part written details of the surface and foul water drainage system, in accordance with the relevant mitigation measures set out in the REAC including means of pollution control, have been submitted and approved in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority and relevant highway authority on matters related to its function.

(2) The surface and foul water drainage system must be constructed in accordance with the approved details, unless otherwise agreed in writing by the Secretary of State following consultation by the undertaker with the relevant planning authority on matters related to its function, and provided that the Secretary of State is satisfied that any amendments to the approved details would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

Archaeological remains

9

(1) No part of the authorised development is to commence until an archaeological management plan has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority to the extent that it relates to matters relevant to its functions.

(2) The archaeological management plan must be in accordance with the Outline Archaeological Management Plan and reflect the relevant mitigation measures set out in the REAC.

(3) The authorised development must be carried out in accordance with the approved archaeological management plan referred to in sub-paragraph (1).

Traffic management

10

(1) No part of the authorised development comprising the construction, alteration or improvement of the M25 or A12 is to commence until a traffic management plan for that part has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant highway authority on matters related to its function.

(2) The traffic management plan prepared under sub-paragraph (1) must be in accordance with the Outline Traffic Management Plan and the relevant mitigation measures set out in the REAC.

(3) The authorised development must be constructed in accordance with the traffic management plan referred to in sub-paragraph (1).

Trees

11

(1) No part of the authorised development is to commence until an arboricultural method statement has been submitted to and approved in writing by the Secretary of State, following consultation by the undertaker with the relevant planning authority to the extent that it relates to matters relevant to its functions.

(2) The arboricultural method statement must be in accordance with the Outline Arboricultural Method Statement and the relevant mitigation measures set out in the REAC.

(3) The authorised development must be carried out in accordance with the approved arboricultural method statement referred to in sub-paragraph (1).

Approvals and amendments to approved details

12

With respect to any requirement which requires the authorised development to be carried out in accordance with the details or schemes approved under this Schedule, the approved details or schemes are taken to include any amendments that may subsequently be approved in writing by the Secretary of State.

Fencing

13

(1) Any permanent and temporary fencing and other means of enclosure for the authorised development must be constructed and installed in accordance with Manual of Contract Documents for Highway Works maintained by or on behalf for the undertaker except where any departures from that manual are agreed in writing by the Secretary of State in connection with the authorised development, following consultation by the undertaker with the relevant highways authority to the extent that it relates to matters relevant to its function.

(2) No part of the new loop road forming Work No. 6 or the new A12 eastbound off-slip forming Work No. 2 is to be opened for traffic until any appropriate measures for the control of deer, including deer fencing, identified following consultation with the relevant planning authority and relevant highway authority on matters related to its function has been installed.

Operation of M25 Junction 28 Roundabout

14

(1) No part of the new loop road forming Work No. 6 is to be opened for traffic until a plan for the M25 Junction 28 roundabout containing details of the proposed operation of traffic signal timings or such other related measures as may be reasonably practicable to prevent any increase in delays for traffic on the A1023 Brook Street entering the M25 Junction 28 roundabout arising as a result of the authorised development has been submitted to and approved in writing by the Secretary of State, following consultation with the highway authorities within the Order limits.

(2) The authorised development must be operated in accordance with the approved plan referred to in sub-paragraph (1) or such amended plan following consultation with the highway authorities within the Order limits.

Maylands Golf Course accommodation works

15

Accommodation works to provide replacement facilities for Maylands Golf Course forming Work No. 32 must be undertaken and available for use prior to the opening to traffic of the new loop road forming Work No. 6.

Grove Farm

16

(1) No part of the authorised development is to commence until a site-specific plan for Grove Farm has been submitted to and approved in writing by the Secretary of State in consultation with Transport for London and the London Borough of Havering.

(2) The site-specific plan must include:

(a) details of the planting, visual screen to be installed, and any other mitigation deemed necessary for the boundary to the new A12 eastbound off-slip forming Work No. 2; and

(b) details of the egress route forming Work No. 15 onto the new A12 eastbound off-slip forming Work No. 2.

(3) The authorised development must be constructed in accordance with the site-specific plan referred to in sub-paragraph (1).

Non-motorised users’ route

17

No part of the new loop road forming Work No. 6 may be opened for traffic until:

(a) a scheme or agreement to secure the full non-motorised users’ route between Harold Hill and Brentwood has been submitted to and approved in writing by the Secretary of State in consultation with the relevant highway authorities and relevant planning authorities; and

(b) the junction section of the non-motorised users’ route within the Order limits has been delivered.

Code of construction practice

18

(1) No part of the authorised development may commence until a code of construction practice has been submitted to and approved in writing by the Secretary of State in consultation with Transport for London and the relevant planning authorities.

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

Gardens of Peace Muslim Cemetery

19

(1) No part of Work No. 29 is to commence within plot nos. 1/8a and 1/8 until a site-specific construction plan has been submitted to and approved in writing by the Secretary of State following consultation with the Gardens of Peace Muslim Cemetery and Cadent.

(2) Work No. 29 within plot nos. 1/8a and 1/8 must be constructed in accordance with the approved site-specific plan referred to in sub-paragraph (1).

PART 2 — PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Applications made under requirements

20

(1) Where an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement (including consent, agreement or approval in respect of part of a requirement) included in this Order, the Secretary of State must give notice to the undertaker of the decision on the application within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the Secretary of State;

(b) the day immediately following that on which further information has been supplied by the undertaker under paragraph 21 (further information); or

(2) Subject to sub-paragraph (3), in the event that the Secretary of State does not determine an application within the period set out in sub-paragraph (1), the Secretary of State is taken to have granted all parts of the application (without any condition or qualification) at the end of that period.

(3) Where—

(a) an application has been made to the Secretary of State for any consent, agreement or approval required by a requirement included in this Order;

(b) the Secretary of State does not determine such application within the period set out in sub-paragraph (1); and

(c) the application is accompanied by a report from a body required to be consulted by the undertaker under the requirement that considers it likely that the subject matter of the application would give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement,

the application is taken to have been refused by the Secretary of State at the end of that period.

Further information

21

(1) In relation to any part of an application made under this Schedule, the Secretary of State has the right to request such further information from the undertaker as is necessary to enable the Secretary of State to consider the application.

(2) In the event that the Secretary of State considers such further information to be necessary, the Secretary of State must, within 21 business days of receipt of the application, notify the undertaker in writing specifying the further information required and (if applicable) to which part of the application it relates.

(3) In the event that the Secretary of State does not give such notification within that 21 day period the Secretary of State is deemed to have sufficient information to consider the application and is not subsequently entitled to request further information without the prior agreement of the undertaker.

(4) Where further information is requested under this paragraph in relation to part only of an application, that part is treated as separate from the remainder of the application for the purposes of calculating the time periods referred to in paragraph 20 (applications made under requirements) and in this paragraph.

(5) In this paragraph, “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[^f00106].

Register of requirements

22

(1) The undertaker must, as soon as practicable following the making of this Order, establish and maintain in a form suitable for inspection by members of the public an online register of the documents to be certified under Schedule 10 and those requirements contained in Part 1 of this Schedule that provide for further approvals to be given by the Secretary of State.

(2) The register must set out in relation to each such requirement the status of the requirement, in terms of whether any approval to be given by the Secretary of State has been applied for or given, providing an electronic link to any document containing any approved details.

(3) The register must be maintained by the undertaker for a period of 3 years following completion of the authorised development.

Anticipatory steps towards compliance with any requirement

23

If before the coming into force of this Order, the undertaker or any other person has taken any steps that were intended to be steps towards compliance with any provision of Part 1 of this Schedule, those steps may be taken into account for the purpose of determining compliance with that provision if they would have been valid steps for that purpose had they been taken after this Order came into force.

Details of consultation

24

In relation to any provision of this Schedule requiring details to be submitted to the Secretary of State for approval following consultation by the undertaker with another party, the undertaker must provide such other party with not less than 42 days for any response to the consultation and thereafter the details submitted to the Secretary of State for approval must be accompanied by a summary report setting out the consultation undertaken by the undertaker to inform the details submitted including copies of any representations made by a consultee about the proposed application and the undertaker’s response to those representations.

SCHEDULE 3 — PERMANENT STOPPING UP OF STREETS

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

(1) Highway to be stopped up	(2) Extent of stopping up	(3) New highway to be provided
A12 Eastbound Off-Slip (including the non-segregated footway in the verge)	Between points 1/18 to 1/19 on sheet 1 of the streets, rights of way and access plans	Work No. 2
M25 Northbound On-Slip	Between points 1/14 on sheet 1 to 3/3 on sheet 3 of the streets, rights of way and access plans	Work No. 8
Non-segregated footway in the verge of the existing A12 Eastbound Carriageway	Between points 1/10 to 1/18 on sheet 1 of the streets, rights of way and access plans	Work No. 2

PART 2 — PRIVATE MEANS OF ACCESS TO BE STOPPED UP AND FOR WHICH A SUBSTITUTE IS TO BE PROVIDED

(1) Private means of access to be stopped up	(2) Extent of stopping up	(3) New private means of access to be substituted or provided
Private means of egress from Grove Farm	At point A as shown on Sheet 1 of the streets, rights of way and access plans	Work No. 15
Private means of access to land situated to the immediate north of the A12 Eastbound Carriageway	At point B as shown on Sheet 1 of the streets, rights of way and access plans	Work No. 16

SCHEDULE 4 — CLASSIFICATION OF ROADS, ETC.

PART 1 — SPECIAL ROADS

(1) Highway	(2) Extent
M25 Northbound	Between points 4/1 on sheet 4 to 3/1 on sheet 3 of the streets, rights of way and access plans
M25 Junction 28 Loop Road	Between points 1/16 on sheet 1 to 1/17 on sheet 1 of the streets, rights of way and access plans
M25 Northbound On-Slip	Between points 1/13 on sheet 1 to 3/1 on sheet 3 of the streets, rights of way and access plans
M25 Northbound Off-Slip	Between points 1/30 on sheet 1 to 1/6 on sheet 1 of the streets, rights of way and access plans
M25 Southbound	Between points 3/5 and 3/6 and between 3/7 and 3/8 on sheet 3 of the streets, rights of way and access plans

PART 2 — TRANSPORT FOR LONDON ROAD NETWORK

(1) Highway	(2) Extent
A12 Eastbound Off-Slip	Between points 1/10 on sheet 1 to 1/11 on sheet 1 of the streets, rights of way and access plans

PART 3 — TRUNK ROADS

(1) Highway	(2) Extent
M25 Junction 28, circulatory carriageway	Entire M25 Junction 28 circulatory carriageway linking points 1/3, 1/6, 1/7, 1/8, 1/11, 1/12 and back to 1/3 on sheet 1 of the streets, rights of way and access plans
A12 Eastbound On-Slip	Between points 1/3 and 1/34 on sheet 1 of the streets, rights of way and access plans
M25 Northbound On-Slip	Between points 1/12 to 1/13 on sheet 1 of the streets, rights of way and access plans
A12 Eastbound	Between points 1/2 on sheet 1 to 2/1 on sheet 2 of the streets, rights of way and access plans

PART 4 — SPEED LIMITS

(1) Road name and number	(2) Extent	(3) Speed Limit
M25 Junction 28 Circulatory Carriageway	The whole length of the improved M25 Junction 28 circulatory carriageway, for a total distance of 610 metres, as shown on sheet 1 of the speed limits and traffic regulations plans.	National speed limit (70 miles per hour, as existing limit)
M25 Northbound Carriageway	Along the length of the improved M25 northbound carriageway, for a total distance of 3720 metres, as shown on sheets 1, 3 and 4 of the speed limits and traffic regulations plans.	National speed limit (70 miles per hour, as existing limit)
M25 Junction 28 Diverge to Loop Road	Along the length of the new slip road, from its diverge from the M25 northbound carriageway to point C, for a total distance of 265 metres, as shown on sheet 1 of the speed limits and traffic regulations plans.	National speed limit (70 miles per hour)
M25 Northbound On-Slip and Merge	Along the length of the improved slip road from the M25 Junction 28 circulatory carriageway to its merge with the M25 northbound carriageway, for a total distance of 1234 metres, as shown on sheets 1 and 3 of the speed limits and traffic regulations plans.	National speed limit (70 miles per hour)
M25 Northbound Off-Slip and Diverge	Along the length of the improved slip road from its diverge from M25 northbound carriageway to M25 Junction 28 circulatory carriageway, for a total distance of 149 metres, as shown on sheet 1 of the speed limits and traffic regulations plans.	National speed limit (70 miles per hour, as existing limit)
A12 Eastbound Carriageway	Along the length of the improved A12 eastbound carriageway from the western-most Order limits to point A, for a total distance of 330 metres, as shown on sheet 1 of the speed limits and traffic regulations plans.	50 miles per hour, as existing limit

A12 Eastbound Carriageway	Along the length of the improved A12 eastbound carriageway between point A and B, for a total distance of 908 metres, as shown on sheet 1 of the speed limits and traffic regulations plans.	50 miles per hour
A12 Eastbound Carriageway	Along the length of the improved A12 eastbound carriageway from point B, for a total distance of 693 metres, as shown on sheets 1 and 2 of the speed limits and traffic regulations plans.	National speed limit (70 miles per hour, as existing limit)
A12 Eastbound Off-Slip and Diverge	Along the length of the realigned slip road, from its diverge from the A12 eastbound off-slip to the M25 Junction 28 circulatory carriageway, for a total distance of 773 metres, as shown on sheet 1 of the speed limits and traffic regulations plans.	50 miles per hour
A12 Eastbound On-Slip and Merge	Along the length of the improved A12 eastbound on-slip from the M25 Junction 28 circulatory carriageway to its merge with the A12 eastbound carriageway, for a total distance of 546 metres, as shown on sheets 1 and 2 of the speed limits and traffic regulations plans.	National speed limit (70 miles per hour, as existing limit)
M25 Junction 28 Loop Road and Merge	Along the length of the new loop road from point C to its merge with A12 eastbound carriageway for a total distance of 1176 metres, as shown on sheet 1 of the speed limits and traffic regulations plans.	50 miles per hour

PART 5 — TRAFFIC REGULATION MEASURES (CLEARWAYS)

(1) Road name and number	(2) Extent of Regulation	(3) Measures
A12 Eastbound Off-Slip	From the start of A12 eastbound diverge, as shown by point 1/1 on sheet 1 of the speed limits and traffic regulations plans, eastbound for a distance of 773 metres, to the junction with the M25 Junction 28 circulatory carriageway, as shown by point 1/2 on sheet 1 of the speed limits and traffic regulations plans.	Clearway (to include verge and hard strips)
A12 Eastbound Carriageway	From the start of the A12 eastbound diverge, at the location illustrated by point 1/1 on sheet 1 of the speed limits and traffic regulations plans, eastbound for a distance of 918 metres along the mainline carriageway, to point 1/3 on sheet 1 of the speed limits and traffic regulations plans.	Clearway (to include verge and hard strips)

PART 6 — OTHER PUBLIC RIGHTS OF WAY

(1) Highway	(2) Extent
Non-segregated footway in the verge of the A12 Eastbound Off-Slip	Between points 1/10 to 1/11 and between points 1/11 and 1/20 on sheet 1 of the streets, rights of way and access plans

SCHEDULE 5 — TREES SUBJECT TO TREE PRESERVATION ORDERS

(1) Type of tree	(2) Work to be carried out	(3) Relevant part of the authorised development	(4) TPO reference
Area TPO Multiple Species	Potential felling of trees or works to trees to permit the gas main diversion	Work No. 29	TPO 2-02 – A1 Land on south side of Colchester Road. London Borough of Havering.
Area TPO Multiple Species	Felling of trees or works to trees to permit the construction of the scheme being submitted as part of the DCO	Work Nos. 6 and 23C	TPO 18-06 – A1 Maylands Golf Course, Colchester Road, Romford. London Borough of Havering.
Group TPO Multiple Species woodland	Felling of trees or works to trees to permit the construction of the scheme being submitted as part of the DCO	Work Nos. 6, 14 and 30	TPO 5/1948 Map 16, Alder Wood.Brentwood District Council.
Group TPO Multiple Species woodland	Felling of trees or works to trees to permit the construction of the scheme being submitted as part of the DCO	Work Nos. 2, 15, 18, 23B, 23D and 26	TPO 5/1948 Map 21 Grove Wood.Brentwood District Council.

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

To construct and maintain a new private means of access.

To construct, operate, access and maintain diversions to existing utilities apparatus.

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

Compensation enactments

1

The enactments for the time being in force with respect to compensation for the compulsory purchase of land apply, with the necessary modifications as respects compensation, in the case of a compulsory acquisition under this Order of a right by the creation of a new right or the imposition of a restrictive covenant as they apply in respect of compensation on the compulsory purchase of land and interests in land.

2

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

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

(5A) If— (a) the acquiring authority enters on land for the purposes of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 7 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of restrictive covenants) to the M25 Junction 28 Development Consent Order 2022 (“the 2022 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 2022 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 1, the Land Compensation Act 1973[^f00107] 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 the 1965 Act

4

Part 1 of the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 30 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 25 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 28 (compulsory acquisition of rights and imposition of restrictive covenants)—

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

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

5

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

(a) the right acquired or to be acquired, or the restrictive covenant imposed or to be imposed; or

(b) the land over which the right is or is to be exercisable, or the restrictive covenant is or is to be enforceable.

(3) For section 7 (measure of compensation) of the 1965 Act substitute—

(7) In assessing the compensation to be paid by the acquiring authority under this Act, regard must be had not only to the extent (if any) to which the value of the land over which the right is to be acquired or the restrictive covenant is to be imposed is depreciated by the acquisition of the right or the imposition of the restrictive covenant but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of the owner, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act.

(4) The following provisions of the 1965 Act (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land), that is to say—

(a) section 9(4) (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 so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be compulsorily acquired or the restrictive covenant which is to be imposed is vested absolutely in the acquiring authority.

(5) Section 11[^f00108] (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 compulsory acquisition under article 22 (authority to survey and investigate the land)), 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[^f00109] (powers of entry; further notices of entry), 11B[^f00110] (counter-notice requiring possession to be taken on specified date), 12[^f00111] (unauthorised entry) and 13[^f00112] (refusal to give possession to acquiring authority) of the 1965 Act are modified correspondingly.

(6) Section 20[^f00113] (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 30(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—

SCHEDULE2A (1) (1) This Schedule applies where an acquiring authority serves a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and has not executed a general vesting declaration under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 as applied by article 31 (application of the 1981 Act) of the M25 Junction 28 Development Consent Order 2022 in respect of the land to which the notice to treat relates. (2) But see article 32(3) (acquisition of subsoil or airspace only) of the M25 Junction 28 Development Consent Order 2022 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 acquiring authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). (7) If the acquiring authority decides to refer the counter-notice to the Upper Tribunal it must do so within the decision period. (8) If the acquiring authority does not serve notice of a decision within the decision period it is to be treated as if it had served notice of a decision to withdraw the notice to treat at the end of that period. (9) If the acquiring authority serves notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory. (10) On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. (11) In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right or the imposition of the covenant, (b) the proposed use of the right or the imposition of the covenant, and (c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. (12) If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the acquiring authority ought to be required to take. (13) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land. (14) (1) If the Upper Tribunal determines that the acquiring authority ought to be required to take some or all of the house, building or factory, the acquiring authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph it must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal.

SCHEDULE 8 — LAND OF WHICH TEMPORARY POSSESSION ONLY MAY BE TAKEN

(1) Plot Reference Number shown on Land Plans	(2) Purpose for which temporary possession may be taken	(3) Relevant part of the authorised development
Land Plans – Sheet 1 of 4	Land Plans – Sheet 1 of 4	Land Plans – Sheet 1 of 4
1/1	Construction works relating to improvements to the A12 eastbound carriageway.	Work No. 1
1/1b	Construction works relating to improvements to the A12 westbound carriageway.	Work No. 4
1/1c	Construction works relating to improvements to the A12 westbound carriageway and to the diversion of an existing underground high pressure gas pipeline.	Work Nos. 4 and 29
1/1d	Construction works relating to improvements to the A12 westbound carriageway and to the diversion of an existing underground high pressure gas pipeline.	Work Nos. 4 and 29
1/2	Construction works relating to improvements to the A12 eastbound carriageway.	Work No. 1
1/7	Construction works relating to improvements to the A12 westbound carriageway and to the diversion of an existing underground high pressure gas pipeline.	Work Nos. 4 and 29
1/8a	Construction works relating to the diversion of an existing underground high pressure gas pipeline.	Work No. 29
1/11	To establish an environmental bund and construction compound and to undertake associated construction activities.	Work No. 18 and, in respect of the construction compound, all works
1/14	Construction works relating to the provision of accommodation works for Maylands Golf Course.	Work No. 32
1/15	Construction works relating to the establishment of a new attenuation pond with associated drainage works and the realignment of a stretch of Weald Brook.	Work Nos. 21B, 22 and 23C
1/16	Construction works relating to the realignment of stretches of Weald Brook.	Work Nos. 23A and 23B
1/17	Construction works relating to the new loop road.	Work No. 6
1/21a	Construction works relating to the realignment of stretches of Weald Brook.	Work Nos. 23A and 23B
1/26	Construction working area for alterations to the existing egress from Grove Farm.	Work No. 15
1/28a	Construction working area for alterations to the existing egress from Grove Farm.	Work No. 15

Land Plans – Sheet 3 of 4	Land Plans – Sheet 3 of 4	Land Plans – Sheet 3 of 4
3/2	Construction working area for improvements to the M25 northbound carriageway, the realignment of the existing northbound on-slip and a new gantry.	Work Nos. 7, 8 and 10
3/3	Construction working area for improvements to the M25 northbound carriageway, the realignment of the existing northbound on-slip and a new gantry.	Work Nos. 7, 8 and 10
3/6	Construction working area for a new gantry.	Work No. 10
3/7	Construction working area for a new gantry.	Work No. 10
3/16	Construction working area for improvements to the M25 northbound carriageway, the realignment of the existing northbound on-slip, and a new private means of access.	Work Nos. 8 and 14
3/18	To establish an ecological mitigation area.	Work No. 25
3/19	Construction working area for improvements to the M25 northbound carriageway, the realignment of the existing northbound on-slip, and a new private means of access.	Work Nos. 8 and 14
3/21	Construction works relating to the provision of accommodation works for Maylands Golf Course and to establish an ecological mitigation area.	Work Nos. 25 and 32
3/23	Construction works relating to the provision of accommodation works for Maylands Golf Course.	Work No. 32

SCHEDULE 9 — PROTECTIVE PROVISIONS

PART 1 — FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWAGE UNDERTAKERS

Application

1

For the protection of the utility undertakers referred to in this Part of this Schedule the following provisions have effect, unless otherwise agreed in writing between the undertaker and the utility undertaker concerned.

Interpretation

2

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