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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

Source legislation.gov.uk

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(6) Where a notice is served under paragraph (5)(a), (5)(c) or (5)(d), the owner or occupier of the building, structure or land concerned may, by serving a counter-notice within the period of 7 days beginning with the day on which the notice was served, require the question of whether it is necessary or expedient to carry out the protective works or to enter the building, structure or land to be referred to arbitration under article 49 (arbitration).

(7) The undertaker must compensate the owners and occupiers of any building, structure or land in relation to which powers under this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.

(8) Where—

(a) protective works are carried out to a building or structure under this article; and

(b) within 5 years beginning with the date of final commissioning for that part of the authorised development in the vicinity of the building or structure it appears that the protective works are inadequate to protect the building or structure against damage caused by the construction, operation or maintenance of that part of the authorised development,

the undertaker must compensate the owners and occupiers of the building or structure for any loss or damage sustained by them.

(9) Nothing in this article relieves the undertaker from any liability to pay compensation under section 10(2) (compensation for injurious affection) of the 1965 Act.

(10) Any compensation payable under paragraph (7) or (8) must be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) 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.

(12) In this article “protective works” in relation to a building means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building or structure by the construction, operation or maintenance of the authorised development; and

(b) any works the purpose of which is to remedy any damage which has been caused to the building by the construction, operation or maintenance of the authorised development.

Felling or lopping of trees

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(1) The undertaker may fell or lop any tree or shrub not subject to a tree preservation order within or overhanging land within the Order limits, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub—

(a) from obstructing or interfering with the construction, maintenance or operation of the authorised development or any apparatus used in connection with the authorised development; or

(b) from constituting a danger to persons using the authorised development; or

(c) from obstructing or interfering with the passage of construction vehicles to the extent necessary for the purposes of construction of the authorised development.

(2) In carrying out any activity authorised by paragraph (1) the undertaker must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

(3) Any dispute as to a person’s entitlement to compensation under paragraph (2), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Works in the river Thames: conditions

25

(1) Subject to the provisions of this article, during the construction of the authorised development the public right of navigation over any part of the river Thames that is situated within the Order limits may be temporarily suspended by the undertaker with the written approval of the PLA.

(2) Not later than 28 business days prior to the proposed commencement date of any suspension of the public right of navigation, the undertaker must apply to the PLA for approval under paragraph (1) for such suspension (except in the case of an emergency when the undertaker must give such notice as is reasonably practicable).

(3) An application for approval under paragraph (2) must provide details of the proposed suspension, including particulars of—

(a) its commencement date;

(b) its duration; and

and must include an explanation of the need for the proposed suspension.

(4) The PLA may in relation to any application for approval made under paragraph (2) impose reasonable conditions for any purpose described in paragraph (5).

(5) Conditions imposed under paragraph (4) may include conditions as to—

(a) the limits of any area subject to a temporary suspension of the public right of navigation;

(b) the duration of any temporary suspension;

(c) the means of marking or otherwise providing warning in the river Thames of any area affected by a temporary suspension of the public right of navigation; and

(d) the use by the undertaker of the area subject to any temporary suspension so as not to interfere with any other part of the river Thames or affect its use.

(6) Following an approval of any suspension given by the PLA under this article or determined in accordance with article 49 (arbitration), the PLA must issue a notice to mariners within 12 business days of the approval, giving the commencement date and other particulars of the suspension to which the approval relates, and that suspension will take effect on the date specified and as otherwise described in the notice.

(7) Subject to paragraph (8), an application for approval under this article is deemed to have been refused if it is neither given nor refused within 28 business days of the PLA receiving the application under paragraph (2).

(8) An approval of the PLA under this article is not deemed to have been unreasonably withheld or delayed, if approval within the time limited by paragraph (7) has not been given pending the outcome of any consultation on the approval in question that the PLA is obliged to carry out in the proper exercise of its functions.

(9) Notwithstanding sub-paragraphs (1) to (8), construction of the authorised development must be carried out so that—

(a) the suspension of the public right of navigation applies to no more of the river than is necessary in the circumstances;

(b) all reasonable steps are taken to secure that the period of suspension is kept to a minimum; and

(c) that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part where the public right of navigation is so suspended.

(10) Except in the case of an emergency, the undertaker must notify the owner of any mooring and the owner or master of any vessel or structure likely to be materially affected by any proposal to exercise the powers conferred by this Order at least 35 days before the exercise of those powers.

(11) If—

(a) by reason of the exercise of the powers conferred by this Order it is reasonably necessary for the owner of any mooring to incur costs in temporarily or permanently altering, removing, re-siting, repositioning or reinstating that mooring, or laying down and removing substituted moorings or buoys, or carrying out dredging operations for any such purpose, not being costs which it would have incurred for any other reason; and

(b) the owner of the mooring in question gives to the undertaker not less than 28 days’ notice of its intention to incur such costs, and acting reasonably takes into account any representations which the undertaker may make in response to the notice within 14 days of the receipt of the notice,

the undertaker must pay the costs reasonably so incurred by the owner of that mooring.

(12) A person may not without the consent in writing of the undertaker (which may be given subject to conditions)—

(a) use, for the purpose of landing or embarking persons or landing or loading goods from or into any vessel, any work constructed or used in connection with the authorised development; or

(b) remove, move or otherwise interfere with any work, machinery, apparatus, tools or other things in use or intended for use in constructing the authorised development.

Oversailing rights

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(1) Subject to the provisions of this article, the undertaker may, in connection with the construction, operation, maintenance or decommissioning of the authorised development, oversail any booms, cranes and similar or associated plant or machinery over land within, or adjacent to, the Order limits (whether or not such adjacent land is inside or outside the Order limits).

(2) At least 14 days before oversailing any land that is not within the Order limits, the undertaker must serve notice of the intended oversailing on the owners and occupiers of the land and such notice must set out—

(a) the proposed duration of the oversailing;

(b) the proposed hours of use of the equipment that is intended to oversail the land; and

(3) No oversailing of any land that is within the highway may take place until—

(a) in relation to the construction of the authorised development only, a code of construction practice for the part of the authorised development for which the oversailing is required first having been approved under requirement 7 (code of construction practice); and

(b) in relation to the decommissioning of the authorised development only, a decommissioning environmental management plan for the phase of the authorised development for which the oversailing is required first having been approved under requirement 23 (decommissioning environmental management plan).

(4) The undertaker must compensate the owners and occupiers of any building or land in relation to which rights under this article have been exercised for any loss or damage arising to them by reason of the exercise of those rights.

Power to dredge

27

(1) The undertaker may dredge, deepen, scour, cleanse, alter and improve the river bed and foreshore within any part of the limits of deviation for Work No. 4 as may be required for the purpose of maintaining and operating the authorised development.

(2) All materials dredged up or removed by the undertaker in exercise of the powers of paragraph (1) of this article or under Schedule 1 (authorised development) to this Order (other than a wreck within the meaning of Part 9 (salvage and wreck) of the Merchant Shipping Act 1995[^f00050]) are to be the property of the undertaker and may be used, sold, deposited or otherwise disposed of as the undertaker thinks fit.

(3) No materials dredged under the powers of this Order may be disposed of in the UK marine area except in accordance with an approval from—

(a) the MMO under the deemed marine licence in Schedule 11 (deemed marine licence); and

(b) the PLA under Part 5 of Schedule 12 (protective provisions) where such disposal is on the bed of the river Thames.

(4) The exercise of the powers of this article is subject to the requirements of Part 5 of Schedule 12 (protective provisions) as to the PLA’s approval of dredging proposals and the payment of compensation for dredged material.

(5) In respect of any activities falling within paragraph (1), this Order is deemed to be legislation falling within section 75(3) (exemptions for certain dredging etc. activities) of the 2009 Act.

PART 3 — POWERS OF ACQUISITION AND POSSESSION OF LAND

Powers of acquisition

Compulsory acquisition of land

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(1) The undertaker may acquire compulsorily so much of the Order land as is required for the authorised development or to facilitate it, or as is incidental to it.

(2) This article is subject to article 30 (compulsory acquisition of rights), article 31 (acquisition of subsoil or airspace only) and article 37 (temporary use of land for carrying out the authorised development).

Time limit for exercise of authority to acquire land compulsorily

29

(1) After the end of the period of seven years beginning on the day on which this Order comes into force—

(a) no notice to treat may be served under Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act; and

(b) no declaration may be executed under section 4 (execution of declaration) of the 1981 as applied by article 34 (application of the 1981 Act).

(2) The authority conferred by article 37 (temporary use of land for carrying out the authorised development) must cease at the end of the period referred to in paragraph (1), save that nothing in this paragraph prevents the undertaker remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Compulsory acquisition of rights

30

(1) Subject to paragraph (2) the undertaker may acquire compulsorily such rights over, or impose such restrictive covenants affecting the Order land as may be required for any purpose for which that land may be acquired under article 28 (compulsory acquisition of land), by creating them as well as by acquiring rights already in existence.

(2) In the case of the Order land specified in column (1) of the table in Schedule 8 (land in which only new rights etc. may be acquired) the undertaker’s powers of compulsory acquisition are limited to the acquisition of existing rights and the benefit of restrictive covenants over land and the creation and acquisition of such new rights and the imposition of such new restrictive covenants as are specified in column (2) of the table in that Schedule.

(3) Subject to section 8 (other provisions as to divided land) of the 1965 Act, schedule 2A (counter-notice requiring purchase of land not in notice to treat) (as substituted by paragraph 5(8) of Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants)) and section 12 (divided land) of the 1981 Act, where the undertaker creates or acquires a right over land or the benefit of a restrictive covenant, under paragraph (1) or (2), the undertaker is not required to acquire a greater interest in that land.

(4) Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(5) In any case where the acquisition of new rights or the imposition of restrictive covenants under paragraph (1) or (2) is required for the purposes of diverting, replacing or protecting the apparatus of a statutory undertaker, the undertaker may, with the consent of the Secretary of State, transfer the power to create and acquire such rights or impose such restrictive covenants to the statutory undertaker in question.

(6) The exercise by a statutory undertaker of any power in accordance with a transfer under paragraph (5) is subject to the same restrictions, liabilities and obligations as would apply under this Order if that power were exercised by the undertaker.

(7) The Secretary of State’s consent under paragraph (5) is not required for those statutory undertakers referenced in article 9 (benefit of this Order).

(8) Subject to the modifications set out in Schedule 9 (modification of compensation and compulsory purchase enactments for creation of new rights and imposition of new restrictive covenants) the enactments for the time being in force with respect to compensation for the compulsory purchase of land are to apply in the case of a compulsory acquisition under this Order in respect of a right by the creation of a new right or imposition of a restrictive covenant as they apply to the compulsory purchase of land and interests in land.

Acquisition of subsoil or airspace only

31

(1) The undertaker may acquire compulsorily so much of, or such rights in, the subsoil of or the airspace over the land referred to in article 28(1) (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) Where the undertaker acquires any part of, or rights in, the subsoil of or the airspace over land under paragraph (1), the undertaker is not required to acquire an interest in any other part of the land.

(3) The following do not apply in connection with the exercise of the power under paragraph (1) in relation to subsoil only—

(a) Schedule 2A (counter-notice requiring purchase of land not in notice to treat) to the 1965 Act;

(b) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) to the 1981 Act; and

(4) Paragraphs (2) and (3) are to be disregarded where the undertaker acquires a cellar, vault, arch, or other construction forming part of a house, building or manufactory.

Private rights

32

(1) Subject to the provisions of this article, all private rights and restrictive covenants over land subject to compulsory acquisition under this Order are extinguished—

(a) as from the date of acquisition of the land by the undertaker whether compulsorily or by agreement; or

(b) on the date of entry on the land by the undertaker under section 11(1) (power of entry) of the 1965 Act,

whichever is the earliest.

(2) Subject to the provisions of this article, all private rights and restrictive covenants over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are suspended and unenforceable or, where the owner of such rights or the person have the benefit of such restrictive covenants is notified by the undertaker, extinguished, in so far as the continuance of the right or the burden of the restrictive covenant would be inconsistent with the exercise of the right or burden of the restrictive covenant—

(a) as from the date of acquisition of the right or imposition of the restriction by the undertaker, whether compulsorily or by agreement; or

(b) on the date of entry onto the land by the undertaker under section 11(1) (power of entry) of the 1965 Act in pursuance of the right,

whichever is the earliest.

(3) Subject to the provisions of this article, all private rights and restrictive covenants over land owned by the undertaker within the Order limits are extinguished on commencement of any activity authorised by this Order which interferes with or breaches such rights.

(4) Subject to the provisions of this article, all private rights or restrictive covenants over land of which the undertaker takes temporary possession under this Order are suspended and unenforceable for as long as the undertaker remains in lawful possession of the land and so far as their continuance would be inconsistent with the exercise of the temporary possession of that land.

(5) Any person who suffers loss by the extinguishment or suspension of any private right or the imposition of a restrictive covenant under this Order is entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) Regardless of any other provision in this Order or anything shown on the land plans or contained in the book of reference—

(a) this article does not apply in relation to any right or apparatus to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 39 (statutory undertakers) applies; and

(b) paragraph (1) of this article does not apply to any contractual rights, private rights and restrictive covenants owned or held by the undertaker, REPL, RRRL or WRWA unless otherwise agreed by those parties, such agreement not to be unreasonably withheld or delayed by those parties, acting in good faith and having regard to the ability of the undertaker to construct the authorised development in a timely and cost-effective manner.

(7) Paragraphs (1) to (4) have effect subject to—

(a) any notice given by the undertaker before—

(i) the completion of the acquisition of the land or the acquisition or creation of rights over land or the imposition of restrictive covenants over or affecting the land;

(ii) the undertaker’s appropriation of it;

(iii) the undertaker’s entry onto it; or

(iv) the undertaker’s taking temporary possession of it,

that any or all of those paragraphs do not apply to any right specified in the notice; and

(b) any agreement made at any time between the undertaker and the person in or to whom the right or restriction in question is vested or belongs.

(8) If any such agreement as is referred to in paragraph (7)(b)—

(a) is made with a person in or to whom the right is vested or belongs; and

(b) is expressed to have effect also for the benefit of those deriving title from or under that person,

it is effective in respect of the persons so deriving title, whether the title was derived before or after the making of the agreement.

(9) References in this article to private rights over land include any right of way, trust, incident, easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by virtue of a contract, agreement or undertaking having that effect.

Power to override easements and other rights

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(1) Any authorised activity which takes place on land within the Order limits (whether the activity is undertaken by the undertaker or by any person deriving title from the undertaker or by any contractors, servants or agents of the undertaker) is authorised by this Order if it is done in accordance with the terms of this Order, notwithstanding that it involves—

(a) an interference with an interest or right to which this article applies; or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(2) In this article “authorised activity” means—

(a) the erection, construction or maintenance of any part of the authorised development;

(b) the exercise of any power authorised by this Order; or

(3) The interests and rights to which this article applies include any easement, liberty, privilege, right or advantage annexed to land and adversely affecting other land, including any natural right to support; and include restrictions as to the user of land arising by the virtue of a contract.

(4) Where an interest, right or restriction is overridden by paragraph (1), compensation—

(a) is payable under section 7 (measure of compensation in case of severance) or section 10 (further provision as to compensation for injurious affection) of the 1965 Act; and

(b) is to be assessed in the same manner and subject to the same rules as in the case of other compensation under those sections where—

(i) the compensation is to be estimated in connection with a purchase under that Act; or

(ii) the injury arises from the execution of works on or use of land acquired under that Act.

(5) Where a person deriving title under the undertaker by whom the land in question was acquired—

(a) is liable to pay compensation by virtue of paragraph (4); and

(b) fails to discharge that liability,

the liability is enforceable against the undertaker.

(6) Nothing in this article is to be construed as authorising any act or omission on the part of any person which is actionable at the suit of any person on any grounds other than such an interference or breach as is mentioned in paragraph (1) of this article.

Application of the 1981 Act

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(1) The 1981 Act applies as if this Order were a compulsory purchase order.

(2) The 1981 Act, as applied by paragraph (1), has effect with the following modifications.

(3) In section 1 (application of Act) for subsection (2) substitute—

(2) This section applies to any Minister, any local or other public authority or any other body or person authorised to acquire land by means of a compulsory purchase order.

(4) In section 5(2) (earliest date for execution of declaration), omit the words from “, and this subsection” to the end.

(5) Omit section 5A[^f00051] (time limit for general vesting declaration).

(6) In section 5B[^f00052] (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the 2008 Act, the seven year period mentioned in article 29 (time limit for exercise of authority to acquire land compulsorily) of the Cory Decarbonisation Project Order 2025”.

(7) In section 6 (notices after execution of declaration), in subsection (1)(b) for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “section 134 (notice of authorisation of compulsory acquisition) of the Planning Act 2008”.

(8) In section 7 (constructive notice to treat), in subsection (1)(a), omit the words “(as modified by section 4 of the Acquisition of Land Act 1981)”.

(9) In Schedule A1[^f00053] (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

(2) But see article 31 (acquisition of subsoil or airspace only) of the Cory Decarbonisation Project Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.

(10) References to the 1965 Act in the 1981 Act must be construed as references to that Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (as modified by article 35 (modification of Part 1 of the 1965 Act) to the compulsory acquisition of land under this Order.

Modification of Part 1 of the 1965 Act

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(1) Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1)[^f00054] (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “section 118 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the seven year period mentioned in article 29 (time limit for exercise of authority to acquire land compulsorily) of the Cory Decarbonisation Project Order 2025”.

(3) In section 11A[^f00055] (powers of entry: further notices of entry)—

(a) in subsection (1)(a) after “land” insert “under that provision”; and

(b) in subsection (2) after “land” insert “under that provision”.

(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “article 29 (time limit for exercise of authority to acquire land compulsorily) of the Cory Decarbonisation Project Order 2025”.

(5) In Schedule 2A[^f00056] (counter-notice requiring purchase of land not in notice to treat)—

(a) for paragraphs 1(2) and 14(2) substitute—

(2) But see article 31(3) (acquisition of subsoil or airspace only) of the Cory Decarbonisation Project Order 2025, which excludes the acquisition of subsoil or airspace only from this Schedule.

; and

(b) after paragraph 29 insert—

(30) In this Schedule, references to entering on and taking possession of land do not include doing so under article 23 (protective works to buildings) or article 37 (temporary use of land for carrying out the authorised development) or article 38 (temporary use of land for maintaining the authorised development) of the Cory Decarbonisation Project Order 2025.

Rights under or over streets

36

(1) The undertaker may enter upon, appropriate and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development or for any other purpose ancillary to the authorised development.

(2) Subject to paragraph (3), the undertaker may exercise any power conferred by paragraph (1) in relation to a street without being required to acquire any part of the street or any easement or right in the street.

(3) Paragraph (2) is not to apply in relation to—

(a) any subway or underground building; or

(b) any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting onto the street.

(4) Subject to paragraph (5), any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land, and who suffers loss as a result, is to be entitled to compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(5) Compensation is not payable under paragraph (4) to any person who is an undertaker to whom section 85 (sharing cost of necessary measures) of the 1991 Act applies in respect of measures of which the allowable costs are to be borne in accordance with that section.

Temporary possession of land

Temporary use of land for carrying out the authorised development

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(1) The undertaker may, in connection with the construction of the authorised development—

(a) enter on and take temporary possession of—

(i) so much of the land specified in columns (1) of the table in Schedule 10 (land of which temporary possession may be taken) for the purposes specified in relation to that land in column (2) of the table in that Schedule;

(ii) any other Order land in respect of which no notice of entry has been served under section 11 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 (execution of declaration) of the 1981 Act;

(b) remove any buildings, fences, debris and vegetation from that land;

(d) construct any works, including mitigation works, as are mentioned in Schedule 1 (authorised development).

(2) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(3) The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of final commissioning of the authorised development; or

(b) in the case of land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of final commissioning of the authorised development unless the undertaker has, before the end of that period, served notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act or has otherwise acquired the land subject to temporary possession.

(4) Unless the undertaker has served notice of entry under section 11 (powers of entry) of the 1965 Act or made a declaration under section 4 (execution of declaration) of the 1981 Act or has otherwise acquired the land subject to temporary possession, the undertaker must, before giving up possession of land of which temporary possession has been taken under this article, remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker is not required to—

(a) replace a building or any debris removed under this article;

(b) restore the land on which any permanent works have been constructed under paragraph (1)(d);

(c) remove any ground strengthening works which have been placed on the land to facilitate the authorised development; or

(d) remove any measures installed over or around statutory undertakers’ apparatus to protect that apparatus from the authorised development.

(5) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the provisions of this article.

(6) Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the carrying out of the authorised development, other than loss or damage for which compensation is payable under paragraph (5).

(8) The undertaker may not compulsorily acquire under this Order the land referred to in paragraph (1)(a)(i).

(9) Nothing in this article precludes the undertaker from—

(a) creating and acquiring new rights over any part of the Order land identified in Schedule 8 (land in which only new rights etc. may be acquired) under article 30 (compulsory acquisition of rights); or

(b) acquiring any right in the subsoil or the airspace of any part of the Order land under article 31 (acquisition of subsoil or airspace only) or the subsoil of any part of the Order limits under article 36 (rights under or over streets).

(10) Where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it.

(11) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to 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.

(12) Nothing in this article prevents the taking of temporary possession more than once in relation to any land specified in Schedule 10 (land of which temporary possession may be taken).

Temporary use of land for maintaining the authorised development

38

(1) Subject to paragraph (2), at any time during the maintenance period relating to any part of the authorised development, the undertaker may—

(a) enter on and take temporary possession of any land within the Order limits if possession is reasonably required for the purpose of maintaining the authorised development; and

(b) enter on any land within the Order limits for the purpose of gaining such access as is reasonably required for the purpose of maintaining the authorised development; and

(c) construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.

(2) Paragraph (1) does not authorise the undertaker to take temporary possession of—

(a) any house or garden belonging to a house; or

(b) any building (other than a house) if it is for the time being occupied.

(3) Not less than 28 days before entering on and taking temporary possession of land under this article the undertaker must serve notice of the intended entry on the owners and occupiers of the land.

(4) The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance of the part of the authorised development for which possession of the land was taken.

(5) Before giving up possession of land of which temporary possession has been taken under this article, the undertaker must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.

(6) The undertaker must pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.

(7) Any dispute as to a person’s entitlement to compensation under paragraph (6), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) Nothing in this article affects any liability to pay compensation under section 10(2) (further provisions as to compensation for injurious affection) of the 1965 Act or under any other enactment in respect of loss or damage arising from the maintenance of the authorised development, other than loss or damage for which compensation is payable under paragraph (6).

(9) Where the undertaker takes possession of land under this article, the undertaker is not to be required to acquire the land or any interest in it.

(10) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land pursuant to 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.

(11) In this article “the maintenance period” means the period of five years beginning with the date of final commissioning.

Supplementary

Statutory undertakers

39

Subject to the provisions of article 30(2) (compulsory acquisition of rights) and Schedule 12 (protective provisions), the undertaker may—

(a) exercise the powers conferred by article 28 (compulsory acquisition of land) and article 31 (acquisition of subsoil or airspace only) in relation to so much of the Order land as belongs to statutory undertakers;

(b) extinguish or suspend the rights of or restrictive covenants for the benefit of, and remove or reposition the apparatus belonging to, statutory undertakers on, under, over or within the Order land.

Apparatus and rights of statutory undertakers in stopped up streets

40

Where a street is altered or diverted or its use is temporarily prohibited or restricted under article 13 (street works), article 14 (power to alter layout, etc., of streets), or article 16 (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) any statutory undertaker whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to Schedule 12 (protective provisions), as if this Order had not been made.

Recovery of costs of new connections

41

(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 39 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 39 (statutory undertakers) any person who is—

(a) the owner or occupier of premises the drains of which communicated with the sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is to be entitled to recover from the undertaker compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of making the drain or sewer belonging to that person communicate with any other public sewer or with a private sewerage disposal plant.

(3) This article does not have effect in relation to apparatus to which article 40 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 (street works in England and Wales) of the 1991 Act applies.

(4) In this article—

“public communications provider” has the same meaning as in section 151(1) (interpretation of Chapter 1) of the Communications Act 2003[^f00057]; and

“public utility undertaker” has the same meaning as in the 1980 Act.

PART 4 — MISCELLANEOUS AND GENERAL

Deemed marine licence

42

(1) The marine licence set out in Schedule 11 (deemed marine licence) is deemed to have been issued under Part 4 of the 2009 Act (marine licensing) for the licensed activities set out in Part 2, and subject to the condition set out in Part 3, of the licence.

(2) Any decision made by the MMO under conditions 29(2)(b) and 2629(2)(c) of Schedule 11 (deemed marine licence) is deemed to be a decision able to be appealed under the Marine Licensing (Licence Application Appeals) Regulations 2011[^f00058].

Application of landlord and tenant law

43

(1) This article applies to any agreement entered into by the undertaker under article 10 (consent to transfer benefit of the Order) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.

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

(3) No enactment or rule of law to which paragraph (2) applies is to apply in relation to the rights and obligations of the parties to any lease granted by or under any such agreement so as to—

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

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

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

Defence to proceedings in respect of statutory nuisance

44

(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990[^f00059] in relation to a nuisance falling within paragraphs (c), (d), (e), (fb), (g) or (h) of section 79(1) (statutory nuisances and inspections therefor) of that Act (statutory nuisances and inspections therefor) no order is to be made, and no fine may be imposed, under section 82(2) (summary proceedings by persons aggrieved by statutory nuisances) 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 construction of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974[^f00060] or a code of construction practice approved under requirement 7 (code of construction practice); 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) (prior consent for work on construction sites) 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.

Protective provisions

45

Schedule 12 (protective provisions) has effect.

Certification of plans etc.

46

(1) The undertaker must, as soon as practicable after the making of this Order, submit to the Secretary of State copies of all documents and plans referred to in Schedule 13 (documents and plans to be certified) to this Order for certification that they are true copies of those documents.

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

Service of notices

47

(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[^f00061] 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 that 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 an 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 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 the person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.

(5) Where a notice or other document required to be served or sent for the purposes of this Order is served or sent by electronic transmission the requirement is to 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) 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 seven days of receipt that the recipient requires a paper copy of all or any part of that notice or other document the sender must provide such a copy as soon as reasonably practicable.

(7) Any consent to the use of an electronic transmission 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 seven 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.

Procedures in relation to certain approvals etc.

48

(1) Subject to paragraph (2), Schedule 14 (procedure in relation to certain approvals etc.) is to have effect in relation to all consents, agreements or approvals required or contemplated by any provisions of this Order, including—

(a) consent, agreement or approval in respect of part of a requirement;

(b) any consent, agreement or approval required by any of the documents listed in Schedule 13 (documents and plans to be certified);

(d) consent sought under section 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974.

(2) Schedule 14 (procedure in relation to certain approvals etc.) does not apply in respect of any consents, agreements or approvals contemplated by the provisions of Schedule 12 (protective provisions), any approvals required under the deemed marine licence contained in Schedule 11 (deemed marine licence) or any dispute under article 23(6) (protective works to buildings) or article 32(6)(b) (private rights).

(3) Where paragraph (1) applies to any consent, agreement or approval, such consent, agreement or approval must not be unreasonably withheld or delayed.

Arbitration

49

(1) Any difference under any provision of this Order, unless otherwise provided for, is to be referred to and settled in arbitration in accordance with the rules set out in Schedule 15 (arbitration rules) of this Order, by a single arbitrator to be agreed upon by the parties, within 14 days of receipt of the notice of arbitration, or if the parties fail to agree within the time period stipulated, to be appointed on application of either party (after giving written notice to the other) by the Secretary of State.

(2) Any matter for which the consent or approval of the Secretary of State or the MMO is required under any provision of this Order is not subject to arbitration.

Crossness Local Nature Reserve

50

(1) The undertaker must notify the relevant planning authority when it has completed the carrying out of Work No. 7 no later than 20 business days after that Work is completed.

(2) From the date of the notice given under paragraph (1)—

(a) all of the crossness local nature reserve as extended shall be a nature reserve for the purposes of section 21 (establishment of nature reserves by local authorities) of the National Parks and Access to the Countryside Act 1949[^f00062];

(b) any existing nature reserve designation and associated bylaws applying at that time to any of the crossness local nature reserve shall no longer apply;

(d) clause 24 of the 2005 agreement shall be abrogated in its entirety.

(3) The carrying out of the authorised development on the crossness local nature reserve as extended shall not constitute a breach of—

(a) the 1994 agreement;

(b) the 2005 agreement; or

(c) planning permission numbers 91/1318U, 02/03373/OUTEA, 07/08166/FULM, 08/01834/FUL, 10/00063/OUTEA and 10/00063/OUTEA13 granted by the London Borough of Bexley.

Planning permission, etc.

51

(1) Development consent granted by this Order is to be deemed as specific planning permission for the purposes of section 264(3) (cases in which land is not to be treated as operational land for the purposes of that Act) of the 1990 Act.

(2) Any works carried out under this Order are deemed to be immediately required for the purpose of carrying out development authorised by planning permission granted under the 1990 Act for the purposes of section 9[^f00063] (requirement of licence for felling) of the Forestry Act 1967.

(3) Any works carried out this Order are deemed to be work requiring development consent under section 31 of the 2008 Act for the purpose of paragraph 7(3) of Schedule 3 to the Flood and Water Management Act 2010[^f00064].

No double recovery

52

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

Byelaws relating to the Crossness Nature Reserve

53

(1) Following the discharge of requirement 12 (Landscape Biodiversity Access and Recreation Delivery Strategy) in Schedule 2 (requirements) and following consultation with the undertaker and TWUL, London Borough of Bexley may make byelaws regulating—

(a) the maintenance of order in the Crossness Nature Reserve; and

(b) the conduct of persons in the Crossness Nature Reserve.

(2) Byelaws made under paragraph (1) must not prevent, prohibit or restrict the construction, maintenance, operation or decommissioning of the authorised development.

(3) London Borough of Bexley may vary or revoke any byelaws made by the undertaker under paragraph (1).

(4) Subject to paragraph (5), the provisions of subsection 236(3) to (8), and (11) (procedure, etc., for byelaws) of the Local Government Act 1972 apply in relation to byelaws made by London Borough of Bexley under paragraph (1).

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

(6) Byelaws made under this article are enforceable by the London Borough of Bexley and any authorised person.

(7) A person who breaches a byelaw made under this article commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Fixed penalty notices relating to byelaws

54

(1) This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 53 (byelaws relating to the Crossness Nature Reserve).

(2) The authorised person may serve on that person a fixed penalty notice in respect of the offence.

(3) Where a person is given a fixed penalty notice under this article in respect of an offence—

(a) no proceedings may be instituted for that offence before the expiration of 14 days after the date of the notice; and

(b) that person may not be convicted of the offence if the fixed penalty is paid before the expiration of 14 days after the date of the notice.

(4) A fixed penalty notice must state—

(a) the amount of the fixed penalty;

(b) particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence;

(c) the time by which and the manner (including the number to be used for payments by credit or debit card) in which the fixed penalty must be paid; and

(d) that proceedings may be instituted if payment is not made within the time specified in the fixed penalty notice.

(5) The amount of the fixed penalty is—

(a) one fifth of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction provided that person pays the fixed penalty in full within 7 days of issue of the fixed penalty notice; or

(b) one half of the maximum amount of the fine to which the person to whom the fixed penalty notice is issued would be liable on summary conviction.

(6) An authorised person may require a person to whom this article applies to pay a deposit of one tenth of the maximum amount of the fine to which a person may be liable under level 3 on the standard scale on accepting a fixed penalty notice if that person fails to provide, when requested, a residential address in the United Kingdom.

(7) Payment of the deposit must be paid by such means as the undertaker may specify on its website as being acceptable.

(8) London Borough of Bexley must apply the deposit towards payment of the fixed penalty.

(9) In any proceedings a certificate which—

(a) purports to be signed on behalf of an officer of the undertaker; and

(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

SCHEDULE 1 — AUTHORISED DEVELOPMENT

In the London Borough of Bexley a project of national significance for which development consent is required by direction under sections 35(1) and 35ZA of the 2008 Act, and associated development under section 115(1)(b) of that Act, comprising—

Work No. 1 – a carbon capture facility, including—

(a) Work No. 1A – up to two carbon capture plants including—

(i) up to two flue gas pre-treatment systems including direct contact coolers;

(ii) up to two filtration and reclamation systems;

(iii) up to two back pressure turbines and generators;

(iv) up to two solvent regeneration systems;

(v) up to two solvent heat exchanger systems;

(vi) solvent storage;

(vii) up to two continuous emissions monitoring systems;

(viii) up to two regenerator columns; and

(ix) retaining walls and sheet pile walls.

(b) Work No. 1B – up to two combined absorber columns and stacks or a maximum of two absorber columns and two stacks, including—

(i) up to two flue gas treatment plants;

(i) up to two carbon dioxide compression units;

(ii) up to two carbon dioxide dehydration units;

(iii) up to two carbon dioxide liquefaction units and deoxidation;

(iv) up to two carbon dioxide vents; and

(v) chemical storage and distribution handling facilities.

(d) Work No. 1D – liquid carbon dioxide (LCO₂) buffer storage area, including—

(i) modular storage vessels;

(ii) boil-off gas processing; and

(iii) carbon dioxide vent(s).

(e) Work No. 1E – supporting plant relating to the operation of the carbon capture facility, including—

(i) heat transfer system;

(ii) combined cooling system;

(iii) flue gas supply ductwork;

(iv) heat offtake infrastructure;

(v) heat transfer station;

(vi) heat pipework;

(vii) process steam and condensate pipework;

(viii) chemical storage and distribution handling facilities;

(ix) water treatment plant with process water supply;

(x) wastewater treatment plant;

(xi) gatehouse, control room, welfare, stores and workshop;

(xii) hardstanding for car parking;

(xiii) stream extraction and stream processing;

(xiv) electrical substations and transformers;

(xv) water supply storage tank(s);

(xvi) operational laydown area;

(xvii) drainage infrastructure; and

(xviii) retaining walls and sheet pile walls.

Work No. 2 – modification to, and interconnection with, existing generation stations, including—

(a) Work No. 2A – process steam and condensate connections, and heat offtake infrastructure, including—

(i) heat recovery equipment;

(ii) insulated heat pipework including connections;

(iii) internal and external modification to existing plant, equipment and apparatus; and

(iv) modification and diversion of watercourses.

(b) Work No. 2B – flue gas supply ductwork, including—

(i) flues for existing generation station via new ducting;

(ii) dampers shut-off valve for flue gas manipulation;

(iii) internal and external modification to existing plant, equipment and apparatus; and

(iv) modification and diversion of watercourses.

(i) internal and external modification to existing plant, equipment and apparatus; and

(ii) modification and diversion of watercourses.

Work No. 3 – utilities connections and site access works, including—

(a) water supply pipework;

(b) foul sewer pipework;

(d) condensate pipework;

(e) access points from Norman Road to the authorised development;

(f) electrical, data, optical fibre and telecommunications cables; and

(g) modification and diversion of watercourses.

Work No. 4 – maritime works, including—

(a) Work No. 4A – modifications to or removal of the Belvedere Power Station jetty and improvements to the England Coast Path.

(b) Work No. 4B – a new jetty, including—

(i) loading platforms;

(ii) piles and fenders;

(iii) breasting dolphins;

(iv) mooring dolphins;

(v) access trestle;

(vi) access catwalks;

(vii) staircasing;

(viii) power supply infrastructure;

(ix) temporary moorings;

(x) LCO₂ pipelines including pipelines and supporting infrastructure and equipment, pipe racks, pipe bridges and vapour return arm;

(xi) topside infrastructure and equipment; and

(xii) internal and external modifications to existing generating station.

(c) Work No. 4C – related dredging works within the river Thames for Works No. 4A and 4B including a retaining sheet pile wall and the creation of slopes.

Work No. 5 – above ground LCO₂ Pipelines to Work No. 4, including—

(a) pipelines and supporting infrastructure and equipment;

(b) pipe racks and pipe bridges; and

Work No. 6 – temporary construction compounds and laydown areas including contractor facilities, including—

(a) Work No. 6A – core temporary construction compound including—

(i) site offices and staff welfare facilities;

(ii) warehouses;

(iii) workshops;

(iv) laydown areas for storage including materials and plant storage;

(v) vehicle parking facilities;

(vi) crane mats;

(vii) fabrication facilities including site compound and working spaces; and

(viii) electrical connections.

(b) Work No. 6B – western temporary construction compound including—

(i) site offices and staff welfare facilities;

(ii) warehouses;

(iii) workshops;

(iv) laydown areas for storage including materials and plant storage;

(v) vehicle parking facilities;

(vi) crane mats;

(vii) fabrication facilities including site compound and working spaces;

(viii) facilities to cross watercourse; and

(ix) electrical connections.

(i) site offices and staff welfare facilities;

(ii) workshops;

(iii) laydown areas for storage including materials and plant storage;

(iv) vehicle parking facilities;

(v) crane mats;

(vi) fabrication facilities including site compound and working spaces; and

(vii) electrical connections.

Work No. 7 – mitigation and enhancement area and improvements to the existing crossness local nature reserve including—

(a) raised walkways, footpaths and permissive paths;

(b) landscape works;

(d) planting;

(e) fencing and gates;

(f) attenuation ponds, ditches and sluice gates;

(g) car park and associated pedestrian access;

(h) creation of new watercourses and crossings;

(i) improvement, diversion and crossings of existing watercourses;

(j) signage;

(k) amenity and education facilities; and

(l) stable blocks.

Work No. 8 – rerouting of Thames water access road including any associated apparatus or services.

Work No. 9 – protective works to land if required as a result of the authorised development.

Ancillary Works

For the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development which does not give rise to any materially new or materially different effects to those assessed in the environmental statement, consisting of—

(a) surface water drainage systems, storm water attenuation systems including storage basins, oil water separators, including runoff outfalls, SuDs features, channelling, culverting and works to existing drainage systems;

(b) electrical cables, earthing cables, optical fibre cables, data cables, telecommunications cables, flue gas pipework, condensate pipework, water supply pipework, foul water pipework, drains, sewers, heat pipes, LCO₂ pipework, and other apparatus and services, and associated works including bays, ducts, protection and safety measures and equipment, and other apparatus and structures;

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

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

(e) works to install, use, support, protect, inspect, alter, remove, replace, retain, renew, improve and maintain street furniture or apparatus (including statutory undertakers’ apparatus) and services in, under or above a street, including lights, fencing and other boundary treatments;

(f) works to facilitate traffic management;

(g) hardstanding and hard landscaping;

(h) soft landscaping and habitat creation, including embankments and planting;

(i) bunds, embankments, trenching and swales;

(j) biodiversity mitigation, compensation and enhancement measures;

(k) works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;

(l) fencing, gates, boundary treatment and other means of enclosure;

(m) temporary footpath diversions;

(n) external lighting, including lighting columns;

(o) closed circuit television cameras and columns and other security measures;

(p) site establishment and preparation works, including—

(i) site clearance (including vegetation removal, demolition of existing buildings and structures);

(ii) earthworks (including soil stripping and storage and site levelling) and excavations;

(iii) remediation works;

(iv) the creation of temporary construction access points;

(v) the alteration of the position of services and utilities; and

(vi) works for the protection of buildings and land;

(q) temporary construction laydown areas and contractor facilities, including—

(i) materials and plant storage and laydown areas;

(ii) vehicle and cycle parking facilities;

(iii) pedestrian and cycle routes and facilities;

(iv) offices and staff welfare facilities;

(v) security fencing and gates;

(vi) external lighting;

(vii) roadways and haul routes;

(viii) wheel wash facilities; and

(ix) signage;

(r) vehicle parking and cycle storage facilities;

(s) accesses, roads, ramps and pedestrian and cycle routes and associated signage and information boards;

(t) ground investigation works and remedial work in respect of any contamination or other adverse ground conditions, including the installation and monitoring of associated apparatus;

(u) works for the benefit or protection of the authorised development;

(v) tunnelling, boring, piling and drilling works and management of arisings; and

(w) works within the river Thames situated within the Order limits to—

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

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

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

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

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

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

(vii) provide lighting, signage and aids to navigation,

and further ancillary or related development comprising such other works or operations as may be necessary or expedient for the purposes of or in connection with the construction, operation and maintenance of the authorised development but only within the Order limits and insofar as they are unlikely to give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

SCHEDULE 2 — REQUIREMENTS

Interpretation

1

In this Schedule—

“ground conditions investigations and assessments strategy” means a strategy setting out the undertaker’s proposals for investigating, assessing, and where necessary, remediating ground conditions, contamination and ground stability matters as they pertain to the part of the authorised development to which the strategy relates, including in respect of— unexploded ordnance assessment; ground investigations; remediation strategies and verification reports; piling risk assessment; and earthworks and demolition specifications;

“jetty works environmental design scheme” means a scheme setting out— the details of the undertaker’s proposals for the carrying out and maintenance of Work No. 4A, including whether the Belvedere Power Station jetty is to be removed or retained with modifications; the environmental design measures proposed for Work No. 4A and Work No. 4B, including details of— if the Belvedere Power Station jetty is to be retained, any proposals to make improvements to the Belvedere Power Station jetty to improve its use as an ornithological feature; if the Belvedere Power Station jetty is to be removed, any proposals for how the piles for the jetty will be cut to enable ecological outcomes; and in respect of Work No. 4B, the measures proposed at item 4.19 (k) of the mitigation schedule; and details of the undertaker’s proposals for environmental measures in the intertidal environment (which may include measures outside of the Order limits or the payment of credits (as appropriate)), and how they will, alongside the measures set out in landscape, biodiversity, access and recreation delivery strategy approved under requirement 12(2) (landscape, biodiversity, access and recreation delivery strategy), contribute to the achievement of a minimum of 10% biodiversity net gain in area habitat units for all of the authorised development;

“mitigation schedule” 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 mitigation schedule for the purposes of this Order; and

“National Highways” means National Highways Limited (company number 09346363) whose registered office is Bridge House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ or any such successor or replacement body that may from time to time be primarily responsible for the functions, duties and responsibilities currently exercised by that statutory body.

Time limit

2

The authorised development must not begin after the expiry of seven years from the date on which this Order comes into force.

Approved details and amendments to them

3

(1) Subject to sub-paragraph (2), with respect to any plans, details or schemes which have been approved pursuant to any requirement and the percentage of any biodiversity net gain units referred to in requirement 12(3)(e) (together the “Approved Documents, Plans, Details or Schemes”), the undertaker may submit to the relevant approving body for approval in writing any amendments to any of the Approved Documents, Plans, Details or Schemes and, following approval by the relevant approving body, the relevant Approved Documents, Plans, Details or Schemes is to be taken to include the amendments as so approved pursuant to this paragraph.

(2) Approval under sub-paragraph (1) for the amendments to any of the Approved Documents, Plans, Details or Schemes must not be given except where it has been demonstrated to the satisfaction of the relevant approving body that the subject matter of the approval sought is unlikely to give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

(3) For the purposes of this paragraph “the relevant approving body” means—

(a) for the purposes of all requirements except requirements 17-19, the relevant planning authority;

(b) for the purposes of requirements 17 (river wall) and 18 (flood risk mitigation), the Environment Agency; and

Detailed design

4

(1) No part of Work No. 1, Work No. 2 (except for internal modifications to existing plant, equipment and apparatus under Work No. 2A(iii), 2B(iii) and 2C(i)) or Work No. 5 may commence until details of the layout, scale and external appearance for that part of those Work Nos. have been submitted to and approved by the relevant planning authority in writing and that part of the authorised development must be designed and constructed in accordance with the details approved under this sub-paragraph.

(2) Subject to sub-paragraph (4), the authorised development must be designed and constructed in accordance with the design parameters in Schedule 16 (design parameters) and item 1.12(a) of the mitigation schedule.

(3) The authorised development must be designed and constructed in accordance with the design principles and design code and the details submitted under sub-paragraph (1) must include a statement to confirm both how the design principles and design code have been complied with, and how the advice and recommendations of the independent design review process have been taken into account, in the details that have been submitted.

(4) Any part of the authorised development may be designed and constructed to deviate from the design parameters set out in Schedule 16 (design parameters) if the undertaker has first sought and obtained approval for such deviations from the relevant planning authority prior to the commencement of that part of the authorised development.

(5) The relevant planning authority—

(a) may only give approval under sub-paragraph (4) if the undertaker has demonstrated to the relevant planning authority’s satisfaction that that the proposed deviation from the design parameters set out in Schedule 16 (design parameters) will not lead to materially new or materially different effects to those identified in the environmental statement;

(b) must, as part of its approval under sub-paragraph (4), certify that it agrees with the undertaker that the proposed deviation from the design parameters set out in Schedule 16 (design parameters) will not lead to materially new or materially different effects to those identified in the environmental statement; and

(c) must, in relation to any submission by the undertaker under sub-paragraph (4) which relates to works within the river Thames, consult with the PLA before giving any approval.

(6) The detailed design of the authorised development must take into account the climate variables considered in the environmental statement.

Permitted preliminary works

5

The permitted preliminary works must be carried out in accordance with the measures set out in appendix 2.1 of the environmental statement.

Notice of date of final commissioning

6

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