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The Cory Decarbonisation Project Order 2025

Type Statutory-Instrument

Publication 2025-11-05

State In force

Department King's Printer of Acts of Parliament

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Made: 5th November 2025

Coming into force: 27th November 2025

The Secretary of State, in exercise of the powers conferred by sections 114[^f00006], 115[^f00007], 120[^f00008], 122[^f00009], 123[^f00010], and 149A[^f00011] of the 2008 Act, makes the following Order.

PART 1 — PRELIMINARY

Citation and commencement

1

This Order may be cited as the Cory Decarbonisation Project Order 2025 and comes into force on 27th November 2025.

Interpretation

2

(1) In this Order, unless otherwise stated—

“the 1961 Act” means the Land Compensation Act 1961[^f00012];

“the 1965 Act” means the Compulsory Purchase Act 1965[^f00013];

“the 1968 Act” means the Port of London Act 1968[^f00014];

“the 1980 Act” means the Highways Act 1980[^f00015];

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00016];

“the 1984 Act” means the Road Traffic Regulation Act 1984[^f00017];

“the 1990 Act” means the Town and Country Planning Act 1990[^f00018];

“the 1991 Act” means the New Roads and Street Works Act 1991[^f00019];

“the 1994 agreement” means the agreement made under section 106 (planning obligations) of the 1990 Act between the Mayor and Burgesses of the London Borough of Bexley and TWUL dated 21 July 1994;

“the 2005 Agreement” means the agreement made under section 106 (planning obligations) of the 1990 Act between the Mayor and Burgesses of the London Borough of Bexley, Tilfen Land Limited and Gallions Housing Association Limited dated 24 January 2005;

“the 2008 Act” means the Planning Act 2008[^f00020];

“the 2009 Act” means the Marine and Coastal Access Act 2009[^f00021];

“access and rights of way plan” means the plan of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the access and rights of way plan for the purposes of this Order;

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

“AOD” means above ordnance datum;

“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act save that “apparatus” further includes pipelines (and parts of them), heat pipework, aerial markers, cathodic protection test posts, field boundary markers, transformer rectifier kiosks, electricity cables, telecommunications equipment and electricity cabinets;

“authorised development” means the development described in Schedule 1 (authorised development) and any other development within the meaning of section 32 (meaning of “development”) of the 2008 Act authorised by this Order;

“authorised navigational channel of the river Thames” means the authorised navigational channel of the river Thames located within the boundaries of the authorised navigational channel shown on the works plans;

“authorised person” means an employee, agent, contractor or subcontractor of the London Borough of Bexley;

“book of reference” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;

“Belvedere Power Station jetty” means the existing jetty, conveyor bridge, intake shaft (but not the intake tunnel) and associated piles, dolphins and supports contained within plots 1-107, 1-110, 1-111 and 1-118 on the land plans, and the associated barge berth located within plot 1-113;

“BPSJ licence” means the licence under section 66 (licensing of works) of the 1968 Act required to carry out the works that are intended to be carried out to the Belvedere Power Station jetty and any other existing structures that are the subject of the licence;

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

“business day” means any day apart from Saturday, Sunday or any statutory English bank or public holiday;

“carriageway” has the same meaning as in the 1980 Act;

“commence” means beginning to carry out any material operation, as defined in section 155 (when development begins) of the 2008 Act, comprised in or carried out for the purposes of the authorised development other than the permitted preliminary works and the words “commencement” and “commenced” are to be construed accordingly;

“commissioning” means the process of assuring that all systems and components of the authorised development or part of the authorised development (which are installed or installation is near to completion) are tested to verify that they function and are operable in accordance with design objectives, specifications and operational requirements of the undertaker and “commission” is to be construed accordingly;

“compulsory acquisition notice” means a notice served in accordance with section 134 (notice of authorisation of compulsory acquisition) of the 2008 Act;

“crossness local nature reserve” means the crossness local nature reserve as designated at the date of the making of this Order;

“crossness local nature reserve as extended” means the land marked on the extended crossness local nature reserve plan as ‘Extended Crossness (LNR)’;

“date of final commissioning” means the date on which the commissioning of the authorised development (or any part of the authorised development as the context requires) is completed as notified as such by the undertaker to the relevant planning authority pursuant to requirement 6 (notice of date of final commissioning);

“deemed marine licence” means the marine licence set out in Schedule 11 (deemed marine licence);

“design principles and design code” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the design principles and design code for the purposes of this Order;

“electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 2000;

“electronic transmission” means a communication transmitted— by means of an electronic communications network; or by other means provided it is in an electronic form;

“environmental statement” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the environmental statement for the purposes of this Order;

“extended crossness local nature reserve plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the extended crossness local nature reserve plan for the purposes of this Order;

“flood risk activity” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016[^f00022];

“flood risk assessment” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the flood risk assessment for the purposes of this Order;

“footpath” and “footway” have the same meaning as in the 1980 Act;

“framework construction traffic management plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the framework construction traffic management plan for the purposes of this Order;

“highway” and “highway authority” have the same meaning as in the 1980 Act;

“land plans” means the plans of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the land plans for the purposes of this Order;

“lead local flood authority” has the meaning in section 6(7) (other definitions) of the Flood and Water Management Act 2010[^f00023];

“limits of deviation” means— the limits of deviation shown for each numbered work on the works plans; and in the case of Work No. 4C, dredging to a depth of – 11.00m chart datum and within the dredging co-ordinates shown on the works plans;

“maintain” includes inspect, repair, adjust, alter, remove, refurbish, reconstruct, replace and improve any part of the authorised development, but only insofar as such activities do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement and “maintenance” and “maintaining” are to be construed accordingly;

“Middleton Jetty” means the structures labelled as forming the Middleton Jetty as shown on the works plans;

“MMO” means the Marine Management Organisation;

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

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

“outline landscape, biodiversity, access and recreation delivery strategy” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline landscape, biodiversity, access and recreation delivery strategy for the purposes of this Order;

“outline code of construction practice” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline code of construction practice for the purposes of this Order;

“outline drainage strategy” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline drainage strategy for the purposes of this Order;

“outline emergency preparedness and response plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline emergency preparedness and response plan for the purposes of this Order;

“outline lighting strategy” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline lighting strategy for the purposes of this Order;

“outline site waste management plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the outline site waste management plan for the purposes of this Order;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981[^f00024];

“permit scheme” means the permit scheme contained in the Schedule to the Traffic Management (London Borough of Bexley) Permit Scheme 2012[^f00025] or any replacement permit scheme which applies to streets within the Order limits that is made under Part 3 (Permit Schemes) of the Traffic Management Act 2004[^f00026];

“permitted preliminary works” means environmental surveys and monitoring, investigations for the purpose of assessing ground conditions (including the making of trial boreholes), archaeological surveys and investigations, the creation of new ditches and the enhancement of existing ditches, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or advertisements, establishment of laydown areas and welfare facilities, erection of construction fencing, diversion and laying of underground apparatus, site clearance including vegetation clearance, and Work No. 3;

“the PLA” means the Port of London Authority;

“PLA General Directions” means the general directions made under section 111 of the 1968 Act and under the provisions of the Pilotage Act 1987[^f00027] which came into force on 1 November 2024;

“Port of London Harbour Revision Order” means any harbour revision order made pursuant to the application for the harbour revision order under section 14 of the Harbours Act 1964(d) submitted by the PLA to the Marine Management Organisation on 7 April 2020;

“Pre-2032 WRWA Underlease Determination Event” means, during the period prior to (and including) 4 October 2032, the termination of the WRWA Underlease (otherwise than in circumstances where the WRWA Lease is terminated at the same time as the WRWA Underlease);

“preliminary navigation risk assessment” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the preliminary navigation risk assessment for the purposes of this Order;

“Post-2032 WRWA Underlease Determination Event” means, during the period from (and including) 5 October 2032, the termination of the WRWA Underlease (otherwise than in circumstances where the WRWA Lease is terminated at the same time as the WRWA Underlease);

“relevant planning authority” means the London Borough of Bexley;

“relevant highway authority” means the London Borough of Bexley;

“Riverside 1” means the energy from waste facility that is operated by RRRL;

“Riverside 2” means the energy from waste facility to be constructed and operated pursuant to Work No. 1 of the REP Order;

“REPL” means Riverside Energy Park Limited (company number 11536739) whose registered office is at Level 5, 10 Dominion Street, London, EC2M 2EF, together with its successors in title from time to time of the freehold of any part of the REPL land (as defined in Schedule 12 Part 8 paragraph 108) save to the extent that any such successor in title is the undertaker;

“REP Order” means the Riverside Energy Park Order 2020[^f00028];

“requirements” means those matters set out in Schedule 2 (requirements);

“RRRL” means Riverside Resource Recovery Limited (company number 03723386) whose registered office is at Level 5, 10 Dominion Street, London, EC2M 2EF, together with its successors in title from time to time of the freehold of any part of the RRRL land (as defined in Schedule 12 Part 9 paragraph 120) save to the extent that any such successor in title is the undertaker;

“RRRL Entity” means (on a several basis) each of RRRL, and— prior to the earlier to occur of a Pre-2032 WRWA Underlease Determination Event and 5 October 2032, WRWA (for the purposes of paragraphs 122(a) and 130 of Part 9 of Schedule 12 only); where a Pre-2032 WRWA Underlease Determination Event has occurred, WRWA (for any period in which WRWA (or WRWA’s nominee) is not a successor in title to RRRL in respect of the freehold of all the RRRL land which is held by RRRL immediately prior to the Pre-2032 WRWA Underlease Determination Event); where a Pre-2032 WRWA Underlease Determination Event has occurred, WRWA (or its nominee) (for any period in which WRWA (or WRWA’s nominee) has ownership of RRRL or is a successor in title to RRRL in respect of the freehold of RRRL land); and where a Post-2032 WRWA Underlease Determination Event has occurred, WRWA (for the duration of the WRWA Lease) unless and until the WRWA Underlease is restored;

“statutory undertaker” means any person falling within section 127(8) (statutory undertakers’ land) of the 2008 Act and includes a public communications provider defined by section 151(1) (interpretation of Chapter I) of the Communications Act 2003[^f00029];

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

“street authority”, in relation to a street, has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“TWUL” means Thames Water Utilities Limited (company number 02366661) whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire RG1 8DB;

“traffic regulation measures plan” means the document of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the traffic regulation measures plan for the purposes of this Order;

“undertaker” means, subject to articles 9 (benefit of this Order) and 10 (consent to transfer benefit of this Order), Cory Environmental Holdings Limited (company number 05360864) whose registered office is at Level 5, 10 Dominion Street, London, England, EC2M 2EF;

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

“WRWA” means the Western Riverside Waste Authority of Smugglers Way Transfer Station, Smugglers Way, Wandsworth, London, SW18 1JS;

“WRWA Lease” means the lease between RRRL and WRWA dated 31 July 2008, as amended from time to time;

“WRWA Underlease” means the underlease between WRWA and RRRL dated 31 July 2008, as amended from time to time; and

“works plans” means the plans of that description referred to in Schedule 13 (documents and plans to be certified) certified by the Secretary of State as the works plans for the purposes of this Order.

(2) The definitions in paragraph (1) do not apply to the deemed marine licence except where expressly provided for in the deemed marine licence.

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

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

(5) All areas described in square metres in the book of reference are approximate.

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

(7) References to “Schedule” are, unless otherwise stated, references to Schedules to this Order.

(8) References to “land” include land under water and on the riverbed.

(9) The expression “includes” is to be construed without limitation.

(10) References to any statutory body include any body’s successor in respect of functions which are relevant to this Order.

(11) References in this Order to “part of the authorised development” means all or part of any numbered work.

Electronic communications

3

(1) In this Order—

(a) references to documents, maps, plans, drawings, certificates or other documents, or to copies, include references to them in electronic form; and

(b) references to a form of communication being “in writing” include references to an electronic communication that satisfies the conditions in paragraph (2) and “written” and other cognate expressions are to be construed accordingly.

(2) The conditions are that—

(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; and

(b) the communication is—

(i) capable of being assessed by the recipient;

(ii) legible in all material respects; and

(iii) sufficiently permanent to be used for subsequent reference.

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

(4) Any consent to the use of electronic communication given by a person may be revoked by that person in accordance with paragraph (5).

(5) 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 may not be less than seven days after the date on which the notice is given.

PART 2 — WORK PROVISIONS

Principal powers

4

(1) Subject to the provisions of this Order and to the requirements, the undertaker is granted development consent for the authorised development to be carried out and to be decommissioned within the Order limits.

(2) Each numbered work must be situated within the corresponding numbered area shown on the works plans and within the limits of deviation.

Maintenance of authorised development

5

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

(2) This article only authorises the carrying out of maintenance works within the Order limits.

Operation of the authorised development

6

(1) The undertaker is authorised to operate the authorised development.

(2) Other than as set out in this Order, this article does not relieve the undertaker of any requirement to obtain any permit or licence or any obligation under any legislation that may be required to authorise the operation of the authorised development.

Disapplication of legislative provisions

7

(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 purposes of, or in connection with, the construction, operation or maintenance of any part of the authorised development—

(a) Part V(b) (control of works and dredging) of the 1968 Act;

(b) section 23 (prohibition of obstructions, etc. in watercourses) of the Land Drainage Act 1991[^f00030];

(d) the provisions of any byelaws made under section 66 (powers to make byelaws) of the Land Drainage Act 1991[^f00032];

(e) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 (byelaw-making powers of the authority) to the Water Resources Act 1991[^f00033];

(f) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016[^f00034] in respect of a flood risk activity only;

(g) the legislation listed in Schedule 3 (legislation to be disapplied) in so far as the provisions still in force are incompatible with the powers contained within this Order; and

(h) the provisions of the Neighbourhood Planning Act 2017[^f00035] insofar as they relate to temporary possession of land under articles 37 (temporary use of land for carrying out the authorised development) and 38 (temporary use of land for maintaining the authorised development) of this Order.

(2) The disapplication of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 by Schedule 3 (legislation to be disapplied) does not affect the Environment Agency’s ability to use the powers vested in it under the Act against any person, other than the undertaker and any other person exercising a power under this Order, provided that the use of those powers vested in the Agency does not interfere with the construction or operation of the authorised development.

Interaction with the 1968 Act

8

(1) Any works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act which includes within its scope the Belvedere Power Station jetty and still having effect immediately before this Order comes into force shall be varied so that from the date of commencement of Work No. 4A, such a licence shall no longer apply to the Belvedere Power Station jetty.

(2) Not later than 30 business days prior to the proposed commencement of Work No. 4A, the undertaker must notify the holder of the BPSJ licence of the works that are intended to be carried out on the Belvedere Power station jetty and any other existing structures that are the subject of the BPSJ licence and the undertaker must provide a copy of such notice to the PLA.

(3) Not later than 30 business days following the commencement of Work No. 4A, the undertaker must notify the PLA of the date of the commencement of those works.

(4) On each anniversary of the notice given pursuant to paragraph (3), the undertaker must provide an update on the programme for Work No. 4, which must include confirmation of whether any other existing structures that are not the Belvedere Power Station jetty are to be affected by Work No. 4 in the forthcoming year.

(5) Not later than 30 business days following the earlier of—

(a) the completion of Work No. 4; or

(b) a notification being provided under paragraph (4) which indicates that no further works are intended to be undertaken to any other existing structures that are not the Belvedere Power Station jetty,

the undertaker must provide the PLA with such information as the PLA may reasonably require to confirm any changed physical extent or entire removal of those existing structures which are not the Belvedere Power Station jetty and are the subject of the BPSJ licence.

(6) Any works carried out to existing structures which are not the Belvedere Power Station jetty and are the subject of the BPSJ licence shall not constitute a breach of the BPSJ licence.

(7) Within 30 business days of the PLA being notified under paragraph (3), the PLA must issue a new licence to the holder of the BPSJ licence to reflect—

(a) that the Belvedere Power Station jetty shall no longer form part of the licence;

(b) any changes to the conditions of the works licence that the PLA considers necessary to meet the requirements of the 1968 Act;

(d) sub-paragraphs (9)(e) and (9)(f) shall apply in respect of the new licence.

(8) If a notification under paragraph (5) provides that there has, as a result of Work No. 4, been a change to the physical extent or the entire removal of those existing structures which are not the Belvedere Power Station jetty and are the subject of the BPSJ licence, the PLA must, within 30 business days of the PLA receiving that notification, issue a variation to the licence issued under paragraph (7) to reflect the changes to those structures.

(9) To the extent any works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act, other than the BPSJ licence, and still having effect immediately before this Order comes into force includes within its scope existing structures within the limits of deviation of Work No. 4 and which are required to be removed or altered as a result of the carrying out of Work No. 4—

(a) such works shall not constitute a breach of that works licence;

(b) the undertaker must notify the holder of that works licence of the works that are intended to be carried out on the existing structures, at least 30 business days before the works on an existing structure are carried out and provide a copy of such notice to the PLA;

(c) within 30 business days following the completion of the works that are notified to the holder of that works licence under sub-paragraph (b), the undertaker must provide the PLA with such information as the PLA may reasonably require as to the changed physical extent of the existing structures or to confirm the entire removal of those existing structures;

(d) where existing structures which are the subject of the works licence are not removed in their entirety, whether within or outside the limits of deviation of Work No. 4, the PLA must within 30 business days of receipt of the information referred to in sub-paragraph (c) issue a new licence to the holder of the works licence under this paragraph (9) to reflect—

(i) the physical changes to the existing structures (including any removals of the entirety of existing structures) that are the subject of the works licence; and

(ii) any changes to the conditions of the works licence the PLA considers necessary to reflect the physical changes and to meet the requirements of the 1968 Act and the PLA’s duties under it;

(e) the holder of the works licence for the existing structures in questions shall have the right to appeal the conditions of any new licence issued by the PLA under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act;

(f) if within 28 days of the issue of the new licence no appeal has been made to the Department for Transport or, where an appeal has been made from the date that the appeal has been determined—

(i) the new licence (with any amendments directed by the Department for Transport) shall apply to the changed extent of the remaining existing structures;

(ii) the existing works licence shall be revoked;

(iii) the holder of the licence must comply with the conditions of the new licence; and

(iv) the 1968 Act shall apply to the existing structures and works authorised by the new licence; and

(g) the undertaker must compensate the holder of the works licence for any reasonable increase to the costs of that licence holder of complying with the conditions of the new works licence, compared to the costs of complying with the works licence that previously applied.

(10) The undertaker must pay the reasonable costs of the PLA in complying with sub-paragraph (7), (8) and (9)(d) and in connection with the PLA’s reasonable costs in participating in any appeal under sub-paragraph (1)(b) of section 69 (appeal to board of trade) of the 1968 Act made in connection with a varied or new works licence issued under sub-paragraph (8) or (9), but not sub-paragraph (7).

(11) To the extent that any works licence granted by the PLA under section 66 (licensing of works) of the 1968 Act and still having effect immediately before this Order comes into force only includes within its scope existing structures within the limits of deviation of Work No. 4 which are required to be removed in their entirety as a result of the carrying out of Work No. 4—

(a) sub-paragraphs (9)(a) to (9)(c) shall apply in respect of those existing structures; and

(b) following the completion of the works to remove those existing structures in their entirety, the relevant works licence shall be extinguished so that such a licence shall no longer apply to those structures and the PLA must within 30 business days of receipt of the information referred to in sub-paragraph (9)(c) issue to the holder of the works licence notice of such extinguishment.

(12) Any existing structure within the limits of deviation for Work No. 4 and for which a works licence no longer subsists as a consequence of paragraph (1) may remain and subsist in the river Thames under the authority of, and subject to the terms of, this Order and the requirement to obtain a works licence under section 66 (licensing of works) of the 1968 Act does not apply to the structure.

(13) The PLA must not grant or vary—

(a) a river works licence under section 66 (licensing of works) of the 1968 Act; or

(b) a dredging licence under section 73 (licensing of dredging, etc.) of the 1968 Act; or

(c) if the Port of London Harbour Revision Order is made, a permit to moor under section 66A (permitting or mooring) of the 1968 Act;

licensing any works or dredging or permitting of mooring within—

(d) at any time, the limits of deviation for Work Nos. 4A or 4B; and

(e) within the area of dredging within the limits of deviation of Work No. 4C that is approved by the PLA under Part 5 of Schedule 12 from the date that such approval is given by the PLA;

without the consent of the undertaker such consent not to be unreasonably withheld or delayed and in any event such consent or refusal must be issued to the PLA no longer than 65 days from the date of the PLA notifying the undertaker that it has received an application for a river works licence under section 66 (licensing of works) of the 1968 Act, a dredging licence under section 73 (licensing of dredging, etc.) of the 1968 Act, or if the Port of London Harbour Revision Order is made, a mooring permit under section 66A (permitting of mooring) of the 1968 Act, to which this sub-paragraph applies.

(14) Paragraph (13) does not apply to the authorised navigational channel of the river Thames.

(15) Despite the provisions of section 66(1)(b) of the 1968 Act, the grant or variation by the PLA of a river works licence in relation to any part of the river Thames situated within the limits of deviation for Work No. 4 belonging to the PLA and in respect of which the undertaker has a proprietary interest is not, without the consent of the undertaker, to be deemed to confer on the holder of the licence such rights in, under or over the land as are necessary to enable the holder of the licence to enjoy the benefit of the licence.

(16) The undertaker must not unreasonably withhold or delay its consent under paragraph (13) or paragraph (15) but may require reasonable modifications to the proposed works or dredging or mooring or impose reasonable conditions on them, and in considering whether to grant consent, require modifications or impose conditions the undertaker must have regard only to the matters mentioned in paragraph (17).

(17) The matters referred to in paragraph (16) are the prevention of significant interference with—

(a) the works comprising the authorised development within the limits of deviation for Work Nos. 4A or 4B or dredging within those limits of deviation;

(b) the area of dredging within the limits of deviation of Work No. 4C that is approved by the PLA under Part 5 of Schedule 12;

(d) the use of and access to and egress from any other existing structures within the Order limits.

(18) If the undertaker—

(a) in refusing consent under paragraph (13) necessitates the PLA having to refuse a licence application from a third party; or

(b) requires modification or imposes conditions under paragraph (16), which the PLA then places onto a licence granted to a third party;

section 69 of the 1968 Act (appeal to board of trade) does not apply to that refusal, modification or imposition of conditions.

(19) Any exclusion zone established pursuant to paragraph 17.1(a) of the PLA General Directions (or any equivalent provision in any replacement of those directions) within the Order limits, or established pursuant to paragraph 17.1(b) of PLA General Directions (or any equivalent provision in any replacement of those directions) in respect of an applicable vessel berthed at the jetty constructed as part of Work No. 4B, shall not apply to vessels, tugs or barges transiting to or from the Middleton Jetty or any structures constructed as part of Work No. 4B for—

(a) operational reasons to transit to or from vessels, mooring or berths within that exclusion zone;

(b) to undertake works or dredging consented by the PLA under the 1968 Act; or

(20) In this article “BPJS licence” means the licence referred to by paragraph (1).

Benefit of this Order

9

(1) Subject to paragraphs (2) and (3) and article 10 (consent to transfer benefit of the Order), the provisions of this Order have effect solely for the benefit of the undertaker.

(2) In respect of Work No. 2, the provisions of the Order have effect for the benefit of the undertaker and REPL and RRRL.

(3) In respect of Work Nos. 1E(iv) to (vi), 2A(i) to (ii), and 3(c), the provisions of this Order have effect for the benefit of the undertaker and any company operating a relevant heat network as defined by section 216 (relevant heat network) of the Energy Act 2023[^f00036].

10

(1) Except where paragraph (6) applies, the undertaker or, where relevant, the other parties listed in article 9 (benefit of this Order) may, with the consent of the Secretary of State—

(a) transfer to another person (“the transferee”) all or any part of the benefit of the provisions of this Order (including any part of the authorised development but excluding the deemed marine licence referred to in paragraph (2) below) and such related statutory rights as may be agreed in writing between the undertaker and the transferee; or

(b) grant to another person (“the lessee”), for a period agreed between the undertaker and the lessee, all or any part of the benefit of the provisions of this Order (including any part of the authorised development, but excluding the deemed marine licence referred to in paragraph (2) below) and such related statutory rights as may be agreed between the undertaker and the lessee.

(2) The undertaker may with the consent of the Secretary of State—

(a) where an agreement has been made in accordance with sub-paragraph (1)(a), transfer to the transferee the whole of the deemed marine licence and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b) where an agreement has been made in accordance with sub-paragraph (1)(b), grant to the lessee the whole of the deemed marine licence and such related statutory rights as may be so agreed.

(3) The Secretary of State must consult the MMO before giving consent to the transfer or grant to another person of the whole or any part of the benefit of the provisions of a deemed marine licence and must consult the PLA before giving consent to the transfer or grant to another person of the whole or any part of the benefit of Work No. 4.

(4) Where an agreement has been made in accordance with paragraph (1), (2) or (6) references in this Order to the undertaker, except paragraph (5), include references to the transferee or the lessee.

(5) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) or (2) is subject to the same restrictions, liabilities and obligations as would apply under this Order if those benefits or rights were exercised by the undertaker.

(6) This paragraph applies where—

(a) the transferee or lessee holds a licence under section 6 (licences authorising supply, etc.) of the Electricity Act 1989[^f00037];

(b) in respect of Work Nos. 1D and 4B only, the transferee or lessee holds a licence under section 7 (power to grant licences) of the Energy Act 2023[^f00038];

(c) in relation to a transfer or lease of any works within a highway, the transferee or lessee is a highway authority responsible for the highways within the Order limits; or

(d) the time limits for all claims for compensation in respect of the acquisition of land or effects upon land under this Order have elapsed and—

(i) no such claims have been made;

(ii) any such claims that have been made have all been compromised or withdrawn;

(iii) compensation has been paid in final settlement of any claims made;

(iv) payment of compensation into court in lieu of settlement of all such claims has taken place; or

(v) it has been determined by a tribunal or court of competent jurisdiction in respect of all claims that no compensation is payable.

(7) Where paragraph (6) applies, the undertaker, or, where relevant, the other parties listed in article 9, must notify the Secretary of State in writing before transferring or granting all or any part of the benefit of the provisions of this Order and such related statutory rights referred to in paragraph (1) but such transfer does not require the Secretary of State’s consent.

(8) The notification referred to in paragraph (7) must state—

(a) the name and contact details of the person to whom the benefit of the powers will be transferred or granted;

(b) subject to paragraph (9), the date on which the transfer will take effect;

(d) pursuant to paragraph (5), the restrictions, liabilities and obligations that will apply to the person exercising the powers transferred or granted; and

(e) where relevant, a plan showing the works or areas to which the transfer or grant relates.

(9) The date specified under paragraph (8)(b) must not be earlier than the expiry of five business days from the date of the receipt of the notice.

(10) The notice given under paragraph (7) must be signed by the undertaker and the person to whom the benefit of the powers will be transferred or granted as specified in that notice.

(11) The undertaker must, within 10 business days after entering into an agreement under paragraph (1), (2) or (6) in relation to which any of the benefit of the deemed marine licence or Work No. 4 is to be transferred to another party, notify the Environment Agency, the PLA, and the MMO in writing, and the notice must include particulars of the other party to the agreement under paragraph (1), (2) or (6) and details of the extent, nature and scope of the functions to be transferred or otherwise dealt with which relate to the functions of any of those bodies.

Guarantees in respect of payment of compensation

11

(1) The undertaker must not begin to exercise the powers conferred by the provisions referred to in paragraph (2) in relation to any Order land unless it has first put in place either—

(a) a guarantee, the form and the amount of that guarantee approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2); or

(b) an alternative form of security, the form and amount of that security approved by the Secretary of State in respect of the liabilities of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2).

(2) The provisions are—

(a) article 28 (compulsory acquisition of land);

(b) article 30 (compulsory acquisition of rights);

(d) article 37 (temporary use of land for carrying out the authorised development);

(e) article 38 (temporary use of land for maintaining the authorised development); and

(f) article 39 (statutory undertakers).

(3) A guarantee or alternative form of security given in respect of any liability of the undertaker to pay compensation pursuant to the provisions referred to in paragraph (2) is to be treated as enforceable against the guarantor or person providing the alternative form of security by any person to whom such compensation is payable and must be in such a form as to be capable of enforcement by such a person.

(4) Nothing in this article requires a guarantee or alternative form of security to be in place for more than 15 years after the date on which the relevant power is exercised.

Streets

Application of the permit scheme

12

(1) The permit scheme must, in relation to streets which are subject to the permit scheme, be used by the undertaker in connection with works sought to be undertaken pursuant to the exercise of the following powers, or in the exercise of such powers—

(a) article 13 (street works);

(b) article 14 (power to alter layout, etc., of streets);

(d) article 20 (traffic regulation measures).

(2) Where paragraph (1) applies—

(a) a permit application in relation to those works may not be refused or granted under the permit scheme subject to conditions which relate to the imposition of moratoria; and

(b) a permit in relation to those works may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order, the terms of any consent, agreement or approval granted under the terms of this Order, or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.

(3) References to moratoria in paragraph (2) mean restrictions imposed under section 58 (restrictions on works following substantial road works) or section 58A (restrictions on works following substantial street works) of the 1991 Act.

(4) Without restricting the undertaker’s recourse to any alternative appeal mechanism which may be available under the permit scheme, the undertaker may appeal any decision to refuse to grant a permit or to grant a permit subject to conditions pursuant to the permit scheme in accordance with the mechanism set out in Schedule 14 of this Order.

Street works

13

(1) The undertaker may, for the purposes of the authorised development, enter on so much of any of the street specified in Schedule 4 (streets subject to street works) and may—

(a) break up or open the street, or any sewer, drain or tunnel under it;

(b) drill, tunnel or bore under the street;

(d) maintain apparatus in or under the street, change its position or remove it; and

(e) execute any works required for or incidental to any works referred to in sub-paragraph (a), (b), (c) or (d).

(2) The authority given by paragraph (1) is a statutory right for the purposes of sections 48(3) (streets, street works and undertakers) and 51(1) (prohibition of unauthorised street works) of the 1991 Act.

(3) Where the undertaker is not the street authority, the provisions of sections 54 to 106 of the 1991 Act apply to any street works carried out under paragraph (1).

Power to alter layout, etc., of streets

14

(1) The undertaker may, for the purposes of the authorised development, temporarily or permanently alter the layout of or construct any works in the street as specified in column (2) of Part 1 (permanent or temporary alteration of layout) of Schedule 5 (streets subject to permanent or temporary alteration of layout) in the manner specified in relation to that street in column (3) of that Part of that Schedule.

(2) Without prejudice to the specific powers conferred by paragraph (1), but subject to paragraphs (3) and (4), the undertaker may, for the purposes of the authorised development alter the layout of any street within the Order limits and, without limiting the scope of this paragraph—

(a) temporarily or permanently alter the layout of or construct any works in the street as specified in column (2) of Part 2 (permanent or temporary alteration of layout) of Schedule 5 (streets subject to permanent or temporary alteration of layout) in the manner specified in relation to that street in column (3) of that Part of that Schedule;

(b) alter the level or increase the width of any kerb, footway, cycle track or verge;

(d) trim vegetation in the street; and

(e) make and maintain passing places.

(3) The undertaker must restore any street that has been temporarily altered under this article to the reasonable satisfaction of the street authority.

(4) The powers conferred by paragraphs (1) and (2) must not be exercised without the consent of the street authority.

(5) Paragraphs (3) and (4) do not apply where the undertaker is the street authority for a street in which the works are being carried out.

Permanent stopping up of specified street and private means of access

15

(1) Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised development, permanently stop up—

(a) the street shown on the access and rights of way plan and specified in column (3) of Part 1 (street to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access); and

(b) the private means of access shown on the access and rights of way plan and specified in column (3) of Part 2 (private means of access to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access).

(2) The street in column (3) of Part 1 (street to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) must not be permanently stopped up unless the new street to be constructed and substituted for it, which is specified in column (4) of Part 1 (street to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) is open for use.

(3) The private means of access shown on the access and rights of way plan and specified in column (3) of Part 2 (private means of access to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) must not be permanently stopped up unless the new private means of access to be constructed and substituted for it, which is specified in column (4) of Part 2 (private means of access to be permanently stopped up for which a substitute is to be provided) of Schedule 6 (permanent stopping up of street and private means of access and provision of new street and private means of access) is open for use.

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

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

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

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

(6) This article is subject to article 40 (apparatus and rights of statutory undertakers in stopped up streets).

Temporary prohibition or restriction of use of streets, private means of access and public rights of way and authorising vehicular use on public rights of way

16

(1) The undertaker may for the purposes of the authorised development, temporarily alter, divert, prohibit the use of or restrict the use of any street or public right of way and may for any reasonable time—

(a) divert the traffic from the street or public right of way; and

(b) subject to paragraph (3), prevent all persons or traffic from passing along the street or public right of way.

(2) Without prejudice to the scope of paragraph (1), the undertaker may use any street or public right of way where the use has been prohibited or restricted under the powers conferred by this article and within the Order limits as a temporary working site.

(3) The undertaker must provide reasonable access for non-motorised users (including pedestrians) and vehicles going to or from premises abutting a street or public right of way affected by the temporary alteration, diversion, prohibition or restriction of a street or public right of way under this article if there would otherwise be no such access.

(4) Without prejudice to the generality of paragraph (1), the undertaker may—

(a) temporarily alter, divert, prohibit the use of or restrict the use of the streets or public rights of way specified in columns (1) and (2) of Part 1 (temporary alteration, prohibition, diversion or restriction of the use of streets and public rights of way) of Schedule 7 (temporary alteration, prohibition, diversion or restriction of the use of streets and public rights of way and authorising vehicular use on public rights of way) to the extent specified in column (3) of that Schedule; and

(b) authorise the temporary use of motor vehicles on the public rights of way specified in column (2) of the table in Part 2 (temporary use of motor vehicles on public right of way) of Schedule 7 (temporary alteration, prohibition, diversion or restriction of the use of streets and public rights of way and authorising vehicular use on public rights of way) to the extent specified in column 3 of that table.

(5) Paragraph (4)(b), and any authorisation given by the undertaker under it constitutes lawful authority for the purposes of section 34 (prohibition on driving mechanically propelled vehicles elsewhere than on roads) of the Road Traffic Act 1988[^f00039].

(6) The undertaker must not temporarily alter, divert, prohibit the use of or restrict the use of—

(a) any public right of way specified in paragraph (4) without—

(i) in relation to the construction of the authorised development only, a code of construction practice for the phase of the authorised development in which the public right of way is situated first having been approved under requirement 7 (code of construction practice); and

(ii) in relation to the decommissioning of the authorised development only, a decommissioning environmental management plan for the phase of the authorised development in which the public right of way is situated first having been approved under requirement 23 (decommissioning environmental management plan); and

(b) any other street without the consent of the street authority.

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

(8) In this article expressions used in this article and in the 1984 Act have the same meaning.

Permanent closure and diversion of, and creation of new public rights of way and authorising vehicular use on public rights of way

17

(1) Subject to paragraph (2) the undertaker may, for the purposes of the authorised development, permanently stop up public footpath 2 within the London Borough of Bexley between the points L and H on the access and rights of way plan.

(2) The undertaker must not permanently stop up the public right of way referred to in paragraph (1) until—

(a) the relevant highway authority has agreed the route for a substitute footpath between points H and L on the access and rights of way plan;

(b) the landscape, biodiversity, access and recreation delivery strategy which relates to the land on which the substitute public rights of way is to be provided has been approved under requirement 12 (landscape, biodiversity, access and recreation delivery strategy); and

(c) the undertaker has provided a substitute public right of way along the route agreed by the relevant highway authority under sub-paragraph (a).

(3) The undertaker may, in connection with the authorised development, construct new public footpaths—

(a) between points B and D on the access and rights of way plan; and

(b) between points L and M on the access and rights of way plan.

(4) The undertaker must not exercise the powers in paragraph (3) until the landscape, biodiversity, access and recreation delivery strategy which relates to the land on which the substitute public rights of way is to be provided has been approved under requirement 12 (landscape, biodiversity, access and recreation delivery strategy).

(5) The undertaker may authorise the use of motor vehicles on—

(a) the current route of footpath 2 between points H and L on the access and rights of way plan;

(b) the diverted route of footpath 2 between points H and L on the access and rights of way plan created under paragraph (2);

(d) footpath 1 in the London Borough of Bexley between points M and S on the access and rights of way plan;

(e) footpath 2 in the London Borough of Bexley between points H and S and between points R and H on the access and rights of way plan;

(f) footpath 3 in the London Borough of Bexley between points A and T on the access and rights of way plan; and

(g) footpath 4 in the London Borough of Bexley between points C and F on the access and rights of way plan.

(6) Paragraph (5), and any authorisation given by the undertaker under it constitutes lawful authority for the purposes of section 34 (prohibition on driving mechanically propelled vehicles elsewhere than on roads) of the Road Traffic Act 1988.

(7) Following the opening for public use of a public right of way that has been constructed, permanently altered or permanently diverted under the powers conferred by this Order, the undertaker must supply the surveying authority with plans showing that public right of way as constructed, permanently altered or permanently diverted together with a statement of the modifications required to the definitive map and statement.

(8) The plans and statement of modifications to the definitive statement referred to in paragraph (7) are deemed to be an order modifying the definitive map and statement made under section 53(3)(a)[^f00040] (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981.

(9) In this article—

(a) “definitive map and statement” has the meaning given to it by section 53(1) (duty to keep definitive map and statement under continuous review) of the Wildlife and Countryside Act 1981; and

(b) “surveying authority” has the meaning given to it by section 66(1) (interpretation of Part III)[^f00041] of the Wildlife and Countryside Act 1981.

Access to the authorised development

18

(1) The undertaker may for the purposes of the authorised development—

(a) with the approval of the highway authority, form and layout temporary and permanent means of access from Norman Road in the London Borough of Bexley between the points E and K on the access and rights of way plan; and

(b) with the approval of the highway authority, form and lay out such other means of access or improve the existing means of access, at such locations as the undertaker reasonably requires for the purposes of the authorised development, including from Norman Road in the London Borough of Bexley between points K and O on the access and rights of way plan.

(2) The undertaker may for the purposes of the authorised development—

(a) utilise the temporary or permanent means of access from the public highway constructed under the REP Order; and

(b) utilise the temporary means of access from the public highway constructed under the REP Order as permanent means of access for the authorised development.

(3) Prior to the commissioning of Work No. 1, the undertaker must notify the relevant planning authority and the relevant highway authority if it intends to utilise the power in paragraph (2)(b).

(4) Where paragraph (2) applies, the REP Order undertaker shall not be required to—

(a) remove temporary accesses from the public highway created under the REP Order that are being utilised during the construction of the authorised development or, after construction, are to be used as permanent means of access by the undertaker; or

(b) restore any alterations to the layout to streets that were undertaken to facilitate the creation of temporary access from the public highway under the REP Order that are being utilised during the construction of the authorised development or, after construction are to be used as permanent means of access by the undertaker; and

(c) it shall not be considered to be a breach of the terms of the REP Order if such temporary accesses are not removed and alterations to streets are not restored.

(5) For the purposes of this article “the REP Order undertaker” means the undertaker as defined by article 2 (interpretation) of the REP Order.

Agreements with street authorities

19

(1) A street authority and the undertaker may enter into agreements with respect to—

(a) the construction of any new street including any structure carrying the street, whether or not over or under any part of the authorised development;

(b) the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order;

(c) the maintenance of any street or the structure of any bridge or tunnel carrying a street over or under the authorised development;

(d) any alteration, diversion, prohibition or restriction in the use of a street authorised by this Order;

(e) the construction in the street of any of the authorised development; or

(f) any such works as the parties may agree.

(2) Such an agreement may, without prejudice to the generality of paragraph (1)—

(a) make provision for the street authority to carry out any function under this Order which relates to the street in question;

(b) include an agreement between the undertaker and street authority specifying a reasonable time for the completion of the works; and

Traffic regulation measures

20

(1) Subject to the provisions of this article the undertaker may at any time, in the interests of safety and for the purposes of or in connection with the authorised development—

(a) make provision in respect of the length of Norman Road in the London Borough of Bexley hatched red and black between points A and B on the traffic regulation measures plan, and the length of the A2016 Picardy Manorway in the London Borough of Bexley hatched red and black between points B and C on the traffic regulation measures plan, imposing a temporary speed limit of 10 miles per hour;

(b) make provision in respect of the length of Norman Road in the London Borough of Bexley hatched red and black between points A and B on the traffic regulation measures plan, and the length of A2016 Picardy Manorway in the London Borough of Bexley hatched red and black between points B and D on the traffic regulation measures plan temporarily closing the road;

(c) put in place temporary pedestrian crossings at any point on the length of Norman Road in the London Borough of Bexley hatched red and black between points A and B on the traffic regulation measures plan, and the length of A2016 Picardy Manorway in the London Borough of Bexley hatched red and black between points B and D on the traffic regulation measures plan; and

(d) temporarily place traffic signs and signals in and adjacent to the extents of Norman Road in the London Borough of Bexley hatched red and black between points A and B on the traffic regulation measures plan, and the extents of A2016 Picardy Manorway in the London Borough of Bexley hatched red and black between points B and D on the traffic regulation measures plan, and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016[^f00042], including, notwithstanding article 4 (development consent granted by the Order), locations outside of the Order limits.

(2) Subject to the provisions of this article and without limitation to the exercise of the power conferred by paragraph (1), the undertaker may make temporary provision for the purposes of the authorised development—

(a) as to the speed at which vehicles may proceed along any road;

(b) permitting, prohibiting or restricting the stopping, waiting, loading or unloading of vehicles on any road;

(d) permitting, prohibiting or restricting the use by vehicular traffic or non-vehicular traffic of any road;

(e) suspending or amending in whole or in part any order made, or having effect as if made, under the 1984 Act; and

(f) temporarily place traffic signs and signals in or adjacent to a street and the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016[^f00043], including, notwithstanding article 4 (development consent granted by the Order), locations outside of the Order limits.

(3) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011[^f00044] when in accordance with regulation 3(5) of those regulations.

(4) Before exercising the power conferred by paragraph (2) the undertaker must—

(a) consult with the chief officer of police in whose area the road is situated; and

(b) obtain the written consent of the traffic authority.

(5) The undertaker must not exercise the powers in paragraph (1) or (2) unless it has—

(a) given not less than 4 weeks’ notice in writing of its intention to do so to the traffic authority in whose area the road is situated;

(b) not less than 7 days before the provision is to take effect, published the undertaker’s intention to make the provision in one or more newspaper circulating in the area in which any road to which the provision relates is situated; and

(i) in relation to the construction of the authorised development only, have first obtained approval under requirement 9 (construction traffic management plan) for a construction traffic management plan for the part of the authorised development in relation to which the power conferred by paragraph (1) or (2) is sought to be utilised; or

(ii) in relation to the decommissioning of the authorised development only, have first obtained approval under requirement 24 (decommissioning environmental management plan) for a decommissioning environmental management plan for the part of the authorised development in relation to which the power conferred by paragraph (1) or (2) is sought to be utilised.

(6) Any provision made under the powers conferred by paragraph (1) or (2) of this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (1) or (2).

(7) Any provision made by the undertaker under paragraph (1) or (2)—

(a) must be made by written instrument in such form as the undertaker considers appropriate;

(b) has effect as if duly made by the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act and the instrument by which it is effected may specify specific savings and exemptions to which the provision is subject; and

(c) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004[^f00045].

(8) In this article—

(a) subject to sub-paragraph (b), expressions used in this article and in the 1984 Act have the same meaning; and

(b) a “road” means a road that is a public highway maintained by and at the expense of the traffic authority.

Supplementary powers

Discharge of water

21

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

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by the undertaker pursuant to paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991[^f00046].

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

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

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

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

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

(6) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) of the Environmental Permitting (England and Wales) Regulations 2016.

(7) In this article—

(a) “public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, a harbour authority within the meaning of section 57 (interpretation) of the Harbours Act 1964[^f00047], an internal drainage board, a joint planning board, a local authority, a National Park Authority, a sewerage undertaker or an urban development corporation; and

(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991[^f00048] have the same meaning as in that Act.

Authority to survey and investigate the land

22

(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or enter on any land which may be affected by the authorised development and—

(a) survey or investigate the land;

(b) without limitation to the generality of sub-paragraph (a), make trial holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(c) without limitation to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and

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

(2) No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

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

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

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

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

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

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

but such consent must not be unreasonably withheld or delayed.

(5) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act[^f00049].

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

Protective works to buildings

23

(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any building or structure lying within the Order limits as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the construction of any part of the authorised development in the vicinity of the building or structure; or

(b) after the completion of that part of the authorised development in the vicinity of the building or structure at any time up to the end of the period of 5 years beginning with the date of final commissioning.

(3) For the purpose of determining how the powers under this article are to be exercised the undertaker may enter and survey any building or structure falling within paragraph (1) and any land within its curtilage.

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

(a) enter the building or structure and any land within its curtilage; and

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

(5) Before exercising—

(a) a power under paragraph (1) to carry out protective works under this article to a building or structure;

(b) a power under paragraph (3) to enter a building or structure and land within its curtilage;

(d) a power under paragraph (4)(b) to enter and take possession of land,

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

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