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The A122 (Lower Thames Crossing) Development Consent Order 2025

Type Statutory-Instrument

Publication 2025-03-25

Last updated 2025-11-05

State In force

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Made: 25th March 2025

Coming into force: 15th April 2025

The Secretary of State, in exercise of the powers conferred by sections 114[^f00005], 115[^f00006], 117[^f00007], 120[^f00008], 122[^f00009], 123[^f00010], 127[^f00011], 131[^f00012], 135, 138[^f00013], 143, 147[^f00014] and 150 of, and paragraphs 1 to 4, 10 to 23, 26, 30A[^f00015], 30B[^f00016], 32A[^f00017] to 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

PART 1 — PRELIMINARY

Citation and commencement

1

This Order may be cited as the A122 (Lower Thames Crossing) Development Consent Order 2025 and comes into force on 15th April 2025.

Interpretation

2

(1) In this Order—

“the 1825 Act” means an Act for dividing and inclosing, and reducing to a Stint and improving certain unenclosed Commons and Waste Grounds and Fens, within the Manor and Parish of Orsett in the County of Essex[^f00018]

“the 1961 Act” means the Land Compensation Act 1961[^f00019];

“the 1965 Act” means the Compulsory Purchase Act 1965[^f00020];

“the 1968 Act” means the Port of London Act 1968[^f00021];

“the 1980 Act” means the Highways Act 1980[^f00022];

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981[^f00023];

“the 1984 Act” means the Road Traffic Regulation Act 1984[^f00024];

“the 1990 Act” means the Town and Country Planning Act 1990[^f00025];

“the 1991 Act” means the New Roads and Street Works Act 1991[^f00026];

“the 2000 Act” means the Transport Act 2000[^f00027];

“the 2004 Act” means the Traffic Management Act 2004[^f00028];

“the 2008 Act” means the Planning Act 2008;

“the 2017 Regulations” means the Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017[^f00029];

“access” includes passing and repassing with or without plant and vehicles and accessing land in the Order land from streets or other parts of Order land;

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

“affected person” has the same meaning as in section 59(4) (notice of persons interested in land to which compulsory acquisition request relates) of the 2008 Act;

“apparatus” has the same meaning as in Part 3 (street works in England and Wales) of the 1991 Act;

“authorised development” means the development described in Part 1 (authorised works) of Schedule 1 (authorised development) and any other development authorised by this Order, or any part of it, which is development within the meaning of section 32 (meaning of “development”) of the 2008 Act;

“authorised person” means–a person acting in the course of that person’s duties who—is an employee, agent, contractor or sub-contractor of the undertaker; oris authorised by the undertaker to exercise one or more of its functions under this Order; ora person acting in the execution of that person’s duties in the tunnel, who is—a constable;a Police Community Support Officer;an officer of the Driver and Vehicle Standards Agency;an officer of the Health and Safety Executive;a person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc)[^f00030] of the Fire and Rescue Services Act 2004;a person accredited by or under section 41 (accreditation under community safety accreditation schemes)[^f00031] of the Police Reform Act 2002; ora traffic officer.

“begin” means beginning to carry out any material operation (as defined in section 56(4) (time when development begun) of the 1990 Act) forming part of the authorised development including preliminary works (as defined in Schedule 2 to this Order), and “begun” and “beginning” are to be construed accordingly;

“the book of reference” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the book of reference for the purposes of this Order;

“bridleway” has the same meaning as in section 329(1) (further provision as to interpretation) of the 1980 Act;

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

“business day” means a day other than Saturday or Sunday which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays)[^f00032] of the Banking and Financial Dealings Act 1971;

“carriageway” has the same meaning as in section 329(1) of the 1980 Act;

“the classification of roads plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the classification of roads plan for the purposes of this Order;

“the Crown land plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the Crown land plans for the purposes of this Order;

“cycle track” has the same meaning as in section 329(1)[^f00033] of the 1980 Act;

“electronic transmission” means a communication transmitted—by means of an electronic communications network; orby other means but while in electronic form;

and in this definition “electronic communications network” has the same meaning as in section 32(1) (meaning of electronic communications networks and services)[^f00034] of the Communications Act 2003;

“the engineering drawings and sections” means the document of that description listed in Schedule 16 certified by the Secretary of State as the engineering drawings and sections for the purposes of this Order;

“environmental statement” means—the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the environmental statement for the purposes of this Order; andthe environmental statement addendum listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the environmental statement addendum for the purposes of this Order;

“flood risk activity” has the same meaning as in regulation 2 (interpretation: general) of the Environmental Permitting (England and Wales) Regulations 2016[^f00035];

“footway” and “footpath” have the same meaning as in section 329(1) of the 1980 Act;

“highway” has the same meaning as in section 328(1) (meaning of “highway”) of the 1980 Act;

“highway authority” and “local highway authority” (respectively) have the same meaning as in sections 1[^f00036] (highway authorities: general provision) and 329(1) of the 1980 Act;

“horse-riding track” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say on horseback or leading a horse;

“the land plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the land plans for the purposes of this Order;

“limits of deviation” means the limits of deviation referred to in article 6 (limits of deviation);

“maintain” includes, in relation any part of the authorised development to, inspect, repair, adjust, alter, improve, landscape, preserve, remove, reconstruct, refurbish or replace, provided such works do not give rise to any materially new or materially different environmental effects to those identified in the environmental statement, and any derivative of “maintain” is to be construed accordingly;

“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 permanently or used permanently or temporarily, and described in the book of reference;

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

“outline LEMP” means the outline landscape and ecology management plan listed in Schedule 16 (documents to be certified) and certified by the Secretary of State, and which is the first iteration of the landscape and ecology management plan;

“overhead lines” includes associated apparatus which is installed for the purposes of its maintenance or operation;

“owner”—in relation to land, has the same meaning as in section 7 (interpretation)[^f00037] of the Acquisition of Land Act 1981;in relation to a motor vehicle means the person in whose name a vehicle is registered under the Vehicle Excise and Registration Act 1994[^f00038]; andin relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement;

“permit scheme” means any scheme made under Part 3 of the 2004 Act in force at the date on which this Order is made;

“PLA” means the Port of London Authority;

“relevant local highway authority” means in any given provision of this Order, the highway authority for the area to which the provision relates;

“relevant planning authority” means in any given provision of this Order, the planning authority for the area to which the provision relates;

“relevant traffic authority” means in any given provision of this Order, the traffic authority for the area to which the provision relates;

“rights of way and access plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;

“river restrictions plan” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the river restrictions plan for the purposes of this Order;

“SACR” mean the Stakeholder Actions and Commitments Register referred to in article 61 (SACR);

“the special category land plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the special category land plans for the purposes of this Order;

“special road” has the same meaning as in section 329(1)[^f00039] of the 1980 Act;

“statutory undertaker” means any statutory undertaker for the purposes of section 127(8) (statutory undertakers’ land) of the 2008 Act;

“street” means a street within the meaning of section 48[^f00040] (streets, street works and undertakers) of the 1991 Act, together with land on the verge of a street or between two carriageways, and includes part of a street;

“street authority”, in relation to a street, has the same meaning as in section 49 (the street authority and other relevant authorities) of the 1991 Act;

“streets subject to temporary restrictions of use plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the streets subject to temporary restrictions of use plans for the purposes of this Order;

“traffic authority” has the same meaning as in section 121A (traffic authorities)[^f00041] of the 1984 Act;

“traffic officer” means an individual designated under section 2 (designation of traffic officers) of the 2004 Act;

“the traffic regulation measures plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the traffic regulation measures plans for the purposes of this Order;

“the tribunal” means the Lands Chamber of the Upper Tribunal;

“trunk road” means a highway which is a trunk road by virtue of—section 10 (certain special roads and other highways to become trunk roads)[^f00042] or 19(1) (provisions as to trunk roads)[^f00043] of the 1980 Act;an order or direction under section 10 of that Act; oran order granting development consent; orany other enactment;

“the tunnel area plan” means the plan of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the tunnel area plan for the purposes of this Order;

“the tunnel” means the tunnel to be constructed under the river Thames and shown as a solid blue line on the tunnel area plan;

“the tunnel approaches” means the southern and northern approaches to the tunnel between the barrier gantries and the portals, the extent of which is shown by dashed blue lines on the tunnel area plan;

“the tunnel area” means the extent of the public highway to be comprised in and along the tunnels and the tunnel approaches;

“tunnel limits of deviation plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the tunnel limits of deviation plans for the purposes of this Order;

“undertaker” means National Highways Limited (Company No. 09346363) whose registered office is at Bridge House, 1 Walnut Tree Close, Guildford, Surrey, GU1 4LZ;

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

“the works plans” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the works plans for the purposes of this Order.

(2) 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 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 is otherwise comprised in the Order land.

(3) 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.

(4) References in this Order to the creation and acquisition of rights over land includes references to rights to oblige a party having an interest in land to grant those rights referenced in the Order, at the direction of the undertaker, either—

(a) to an affected person directly, where that person’s land or rights over land have been adversely affected by this Order, and, where that is the case, the rights referenced in the Order are to be granted for the benefit of the land in which that affected person has an interest at the time of the making of this Order; or

(b) to any statutory undertaker for the purposes of their undertaking.

(5) For the purposes of this Order, all areas described in square metres in the book of reference are approximate.

(6) References in this Order to points identified by letters or numbers are to be construed as references to points so lettered or numbered on the plans to which the reference relates.

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

(8) References to any registered company listed in article 8 (consent to transfer benefit of Order) includes that body’s or that company’s successor bodies from time to time.

(9) In this Order, the expression “includes” is to be construed without limitation.

(10) In this Order, references to materially new or materially different environmental effects in comparison with those reported in the environmental statement must not be construed so as to include the avoidance, removal or reduction of an adverse environmental effect or positive environmental effect, or the increase of an assessed positive environmental effect, that was reported in the environmental statement as a result of the authorised development.

PART 2 — PRINCIPAL POWERS

3

(1) Subject to the provisions of this Order including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out and operated.

(2) Without limitation to paragraph (1), the undertaker is authorised to carry out the works specified in columns (2) and (3) of Part 2 of Schedule 1 (scheduled monuments) in relation to the scheduled monuments specified in column (1) of that Schedule.

(3) Subject to paragraph (4), any enactment applying to land within, adjoining or sharing a common boundary with the Order limits has effect subject to the provisions of this Order.

(4) Except as provided for in article 53 (disapplication of legislative provisions, etc.) and article 55 (application of local legislation, etc.), paragraph (3) does not apply to the 1968 Act, the Port of Tilbury Transfer Scheme 1991, the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992 and the Port of Tilbury (Expansion) Order 2019 or any byelaws, general directions or specific directions having effect, made or given under those enactments.

Maintenance of authorised development

4

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.

Maintenance of drainage works

5

(1) Subject to the provisions of Schedule 14 (protective provisions), nothing in this Order, or the construction, maintenance or operation of the authorised development under it, affects any responsibility for the maintenance of any works connected with the drainage of land, whether that responsibility is imposed or allocated by or under any enactment, or otherwise, unless otherwise agreed in writing between the undertaker and the person responsible.

(2) In this article “drainage” has the same meaning as in section 72 (interpretation)[^f00044] of the Land Drainage Act 1991.

Limits of deviation

6

(1) In carrying out the authorised development the undertaker may—

(a) subject to sub-paragraph (b) and (c), deviate laterally from the lines or situations of the authorised development shown on the works plans to the extent of the limits of deviation shown on those plans;

(b) construct the tunnel portal structures, approach ramps, tunnel service buildings and ground protection tunnel (comprised in Works Nos. 3A, 3C, 4A, 5A, and 4B), within the limits shown on the tunnel limits of deviation plans; and

(2) In carrying out the authorised development the undertaker may—

(a) subject to sub-paragraphs (b) to (p), deviate vertically from the levels of the authorised development shown on the engineering drawings and sections to a maximum of 0.5 metre upwards or 1 metre downwards;

(b) in respect of Works Nos. OSC4(a) and OSC5(a), deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 2 metre upwards or 2 metre downwards;

(c) in respect of Works Nos. OSC4(b) and OSC5(b) deviate vertically from the levels shown on the engineering drawings and sections to a maximum of 5 metre upwards or 5 metre downwards;

(d) in respect of Works Nos. G1b, G3 and G4 deviate—

(i) vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and

(ii) vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 25 metres below the surface of the ground;

(e) in respect of Works Nos. G1a, G2, G5, G6, G6b, G7, G10 and TFGP1 deviate—

(i) vertically upwards to a limit of not less than 1.2 metres below the surface of the ground; and

(ii) vertically downwards to such extent as may be found necessary or convenient to a maximum depth of 15 metres below the surface of the ground;

(f) in respect of Works Nos. OH1, OH3 to OH8 deviate vertically—

(i) to any extent not exceeding 6 meters upwards from the design height shown on the engineering drawings and sections; and

(ii) to any extent downwards as may be found to be necessary or convenient;

(g) in respect of Works Nos. OHT1 to OHT8 deviate vertically—

(i) to any extent not exceeding the height described in Schedule 1; and

(ii) to any extent downwards as may be found to be necessary or convenient;

(h) in respect of the underground multi-utility works comprised in Works Nos. MU1 to MU92, deviate vertically—

(i) upwards to a limit of not less than 0.25 metres below the surface of the ground; and

(ii) downwards to such extent as may be found necessary or convenient;

(i) in respect of the underground multi-utility works comprised in Work Nos. MUT1 to MUT4, MUT6 to MUT32 deviate vertically—

(i) upwards to a limit of not less than 0.25 metres below the surface of the ground; and

(ii) downwards to such extent as may be found necessary or convenient;

(j) construct the above ground substations comprised in Works Nos. MU1, MU11, MU13, MU14, MU33, MU36, MU41, MU48, MU49, MU52, MU43, and MU45 (annotated as SS1 to SS15) up to a maximum height of 3 metres;

(k) construct the above ground compound comprised in Work No. MU21 up to a maximum height of 6.7 metres;

(l) construct the above ground poles comprised in Works Nos. MU87 and MU92 up to a maximum height of 12m;

(m) construct the above ground substation comprised in Work No. MUT5 up to a maximum height of 8 metres;

(n) construct Work No. G6a up to a maximum height of 2.9 metres;

(o) subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical downward limits of deviation shown on the tunnel limits of deviation plans; and

(p) subject to paragraph 99(1) of Schedule 14 (protective provisions) of this Order, construct the tunnel with the vertical upward limits of deviation shown on the tunnel limits of deviation plans.

(3) The maximum limits of deviation set out in paragraph (1) and (2)(a) to (o) do not apply where it is demonstrated by the undertaker to the Secretary of State’s satisfaction and the Secretary of State, following consultation by the undertaker—

(a) with the relevant planning authority on matters related to their functions; and

(b) in respect of the authorised development comprising highways other than a special road or a trunk road, consultation by the undertaker with the relevant local highway authority on matters relevant to their functions,

certifies accordingly that a deviation in excess of these limits would not give rise to any materially new or materially different environmental effects in comparison with those reported in the environmental statement.

(4) Part 2 (procedure for discharge of requirements) of Schedule 2 (requirements) applies to an application to the Secretary of State for certification under paragraph (3) as though it were an approval required by a requirement under that Schedule.

Benefit of Order

7

(1) Subject to paragraph (2) and article 8 (consent to transfer benefit of Order), the provisions of this Order conferring powers on the undertaker have effect solely for the benefit of the undertaker.

(2) Paragraph (1) does not apply to the works for which consent is granted by this Order for the express benefit of owners and occupiers of land, statutory undertakers and other persons affected by the authorised development.

8

(1) Subject to paragraph (4), the undertaker may with the written consent of the Secretary of State—

(a) transfer to another person (“the transferee”) any or all of the benefit of the provisions of this Order and such related statutory rights as may be agreed between the undertaker and the transferee; or

(b) grant to another person (“the lessee”) for a period agreed between the undertaker and the lessee any or all of the benefit of the provisions of this Order and such related statutory rights as may be so agreed.

(2) Where an agreement has been made in accordance with paragraph (1) references in this Order to the undertaker, except in paragraph (3), includes references to the transferee or the lessee.

(3) The exercise by a person of any benefits or rights conferred in accordance with any transfer or grant under paragraph (1) 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 and, for those purposes, references to National Highways Limited in any document certified by the Secretary of State for the purposes of this Order are to be construed as references to a transferee or lessee under paragraph (1) in the appropriate contexts to ensure such restrictions, liabilities and obligations apply.

(4) The consent of the Secretary of State is not required under this article where the transfer or grant of any or all of the benefits of the provisions and such related statutory rights as may be agreed (excluding any liability to pay compensation in respect of the acquisition of land or rights which remains with the undertaker) is made to the following bodies in respect of works relating to their undertaking—

(a) Anglian Water Services Limited (company number 02366656, whose office is at Lancaster House Lancaster Way, Ermine Business Park, Huntingdon, Cambridgeshire, United Kingdom, PE29 6XU) in respect of Works Nos. MU27, MU30, MU32, MU34, MU36, MU38, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU56, MU57, MU58, MU60, MU66, MU69, MU79, MU83, MUT8, MUT9, MUT12, MUT18, MUT20, MUT21, MUT22, MUT23, MUT27, MUT28, MUT29, or MUT32;

(b) Cadent Gas Limited (company number 10080864, whose registered office is at Pilot Way, Ansty, Coventry, England, CV7 9JU) (or a related subsidiary company) in respect of Works Nos. G5, G6, G6a, G6b, G7, G10, MU35, MU40, MU42, MU43, MU44, MU47, MU51, MU55, MU60, MU61, MU62, MU64, MU66, MU69, MU71, MU76, MU79, MU88, MU89, MU90, MU91, MUT11, MUT30, ULH01, ULH02, ULH05, ULH06, or ULH10;

(c) Essex and Suffolk Water Limited (company number 02635436, whose registered office is at Northumbria House, Abbey Road, Pity Me, Durham, DH1 5FJ) in respect of Works Nos. MU27, MU29, MU35, MU36, MU37, MU40, MU42, MU43, MU44, MU46, MU47, MU51, MU55, MU60, MU66, MU69, MU72, MU76, MU77, MU79, MU91, MUT6, MUT9, MUT15, MUT17, MUT20, MUT21, MUT22, MUT23, MUT24, MUT27, MUT29, MUT30, MUT31, or MUT32;

(d) HS1 Limited (company number 03539665, whose registered office is at 5th Floor, Kings Place, 90 York Way, London, England, N1 9AG) in respect of Works Nos. 2E, MU3, MU5, MU6, MU8, MU9; OH1, or OHT1;

(e) National Grid Electricity Transmission Plc (company number 02366977, whose registered office is at 1-3 Strand, London, WC2N 5EH) in respect of Works Nos. OH1, OH4, OH6, OH7, OHT1, OHT2, OHT4, OHT5, OHT6, OHT7, OHT8, ULH04, ULH07, ULH08, ULH09, ULH11, ULH12, or ULH15;

(f) National Gas Transmission Plc (company number 02006000, whose registered office is at National Grid House, Warwick Technology Park, Gallows Hill, Warwick, CV34 6DA) in respect of Works Nos. G2, G3, G4, ULH13, or ULH14;

(g) Network Rail Infrastructure Limited (company number 02904587, whose registered office is at Waterloo General Office, London, United Kingdom, SE1 8SW) in respect of Works Nos. 4B,5C, 9D, 9E, 9M, MU28, MU29, MU72, MU73, MU75, MU76, MUT6, MUT8, OH4, or OHT2;

(h) Southern Gas Networks Plc (company number 05167021, whose registered office is at St Lawrence House, Station Approach, Horley, Surrey, RH6 9HJ) in respect of Works Nos. G1a, G1b, MU5, MU16, MU20, MU22, MU23, or ULH16;

(i) Southern Water Limited (company number 02366620, whose registered office is at Southern House, Yeoman Road, Worthing, West Sussex, BN13 3NX) in respect of Works Nos. MU2, MU4, MU5, MU8, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU24, MU26, MUT1, or MUT3;

(j) Thames Water Limited (company number 02366623, whose registered office is at Clearwater Court, Vastern Road, Reading, Berkshire, RG1 8DB) in respect of Works Nos. MU76, MUT30, or MUT31;

(k) UK Power Networks Holdings Limited (company number 7290590, whose registered office is at Newington House, 237 Southwark Bridge Road, London, SE1 6NP) in respect of Works Nos. OH2, OH3, OH5, OH8, OHT3, MU1, MU5, MU6, MU7, MU9, MU10, MU11, MU12, MU13, MU14, MU15, MU16, MU17, MU18, MU19, MU20, MU21, MU22, MU25, MU27, MU28, MU30, MU31, MU33, MU35, MU36, MU39, MU40, MU41, MU42, MU43, MU44, MU45, MU47, MU48, MU49, MU50, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU59, MU60, MU62, MU63, MU65, MU66, MU67, MU68, MU69, MU70, MU73, MU74, MU75, MU76, MU77, MU78, MU80, MU81, MU82, MU84, MU85, MU86, MU87, MU91, MU92, MUT1, MUT2, MUT3, MUT4, MUT5, MUT7, MUT10, MUT13, MUT14, MUT16, MUT19, MUT20, MUT21, MUT25, MUT26, MUT29, MUT30, MUT31, or MUT32;

(l) Airwave Solutions Limited (company number 03985643, whose registered office is at Nova South, 160 Victoria Street, London, United Kingdom, SW1E 5LB) in respect of Work No. MU10;

(m) British Telecommunications Plc (company number 01800000, whose registered office is at 1 Braham Street, London, United Kingdom, E1 8EE) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT19, or MUT30;

(n) Openreach Limited (company number 10690039, whose registered office is at Kelvin House, 123 Judd Street, London, WC1H 9NP) in respect of Works Nos. MU1, MU3, MU5, MU7, MU9, MU10, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU30, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, MU62, MU63, MU66, MU68, MU76, MU80, MU82, MU85, MU88, MU89, MU90, MU91, MUT1, MUT3, MUT9, MUT15, MUT17, MUT19, MUT20, MUT21, MUT22, MUT27, MUT29, MUT30, MUT31, or MUT32;

(o) Virgin Media Limited (company number 02591237, whose registered office is at 500 Brook Drive, Reading, United Kingdom, RG2 6UU) in respect of Works Nos. MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MUT1, or MUT4;

(p) Vodafone Limited (company number 01471587, whose registered office is at Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN) in respect of MU9, MU12, MU16, MU18, MU20, MU22, MU23, MU27, MU35, MU36, MU39, MU40, MU42, MU43, MU44, MU47, MU51, MU52, MU60, MU66, MU68, MU80, MU85, MU88, MU89, MU90, MU91, or MUT1;

(q) Lumen Technologies UK Limited (company number 02495998, whose registered office is at 260-266 Goswell Road, London, England, EC1V 7EB) in respect of MU39, MU40, MU47, MU54, MU60, or MUT20;

(r) Cellnex UK Limited (company number 05153745, whose registered office is at R+, 4th Floor, 2 Blagrave Street, Reading, United Kingdom, RG1 1AZ) in respect of MU10, MU27, MU39, MU40, or MU87;

(s) Verizon UK Limited (company number 02776038, whose registered office is at Reading International Business Park, Basingstoke Road, Reading, Berkshire, RG2 6DA) in respect of Works Nos. MU39, MU40, MU47, MU54, MU60, or MUT20;

(t) Zayo Group UK Limited (company number 03726666, whose registered office is at 100 New Bridge Street, London, England, EC4V 6JA) in respect of MU47, MU51, MU52, MU54, MU60, or MUT20;

(u) GTT – EMEA Ltd (company number 03580993, whose registered office is at 3rd Floor New Castle House, Castle Boulevard, Nottingham, United Kingdom, NG7 1FT) in respect of Works Nos. MU39, MU40, MU42, MU47, MU54, MU60, MU85, or MUT20;

(v) EUNetworks Fiber UK Limited (company number 04840874, whose registered office is at 5 Churchill Place, London, England, E14 5HU) in respect of Work No. MU80;

(w) NextGenAccess Ltd (company number 08689426, whose registered office is at 6600 Cinnabar Court, Daresbury Park, Daresbury, Warrington, England, WA4 4GE) in respect of Works Nos. MU40, MU42, MU43, MU44, MU45, MU46, MU47, MU51, MU52, MU53, MU55, MU56, MU57, MU58, MU60, or MUT20;

(x) Port of Tilbury London Limited (company number 02876001, whose registered office is at Leslie Ford House, Tilbury, Essex, RM18 7EH) in respect of Works Nos. MU27, MU28, MUT4, or MUT5; and

(y) Thurrock Flexible Generation Limited (company number 10917470, whose registered office is at 1st Floor, 145 Kensington Church Street, London, England, W8 7LP) in respect of Work No. TFGP1.

(5) Without limitation on paragraph (4), the consent of the Secretary of State under this article is not required where the powers of article 28(1) (compulsory acquisition of rights and imposition of restrictive covenants) are, with the consent of the undertaker given under article 28(3), proposed to be exercised by a statutory undertaker rather than by the undertaker.

(6) References to a registered company named in paragraph (4) are to include any associated company carrying out the same undertaking, and for the purpose of this article “associated company” means any company which is—

(a) the holding company or a subsidiary of a company named in paragraph (4); or

(b) another subsidiary of the holding company of a company named in paragraph (4),

within the meaning of section 1159 of the Companies Act 2006[^f00045].

(7) The Secretary of State must consult the MMO before giving consent under paragraph (1) to the transfer or grant to another person of the benefit of the provisions of the deemed marine licence.

(8) References to Works Nos. in paragraph (4) are to be construed so as to include the ancillary works (as set out in Schedule 1 to this Order).

PART 3 — STREETS

Application of the 1991 Act

9

(1) Works executed under this Order in relation to a highway which consists of or includes a carriageway are to be treated for the purposes of Part 3 (street works in England and Wales) of the 1991 Act as major highway works if—

(a) they are of a description mentioned in any of paragraphs (a), (c) to (e), (g) and (h) of section 86(3) (highway authorities, highways and related works) of that Act; or

(b) they are works which, had they been executed by the highway authority, might have been carried out in exercise of the powers conferred by section 64 (dual carriageways and roundabouts)[^f00046] of the 1980 Act or section 184 (vehicle crossings over footways and verges)[^f00047] of that Act.

(2) In Part 3 (street works in England and Wales) of the 1991 Act, in relation to works which are major highway works by virtue of paragraph (1), references to the highway authority concerned are to be construed as references to the undertaker.

(3) The following provisions of the 1991 Act (including any equivalent or modified provision in any permit scheme) do not apply in relation to any works executed under or related to the powers conferred by this Order—

section 56 (power to give directions as to timing of street works)[^f00048];

section 56A (power to give directions as to placing of apparatus)[^f00049];

section 58 (restrictions on works following substantial road works)[^f00050];

section 58A (restriction on works following substantial street works)[^f00051];

section 73A (power to require undertaker to re-surface street);

section 73B (power to specify timing etc. of re-surfacing);

section 73C (materials, workmanship and standard of re-surfacing);

section 78A (contributions to costs of re-surfacing by undertaker); and

Schedule 3A (restrictions on works following substantial street works)[^f00052].

(4) The provisions of the 1991 Act mentioned in paragraph (5) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under those provisions apply (with the necessary modifications) in relation to any closure, alteration, diversion or restriction of use of a street of a temporary nature by the undertaker under the powers conferred by article 12 (temporary closure, alteration, diversion and restriction of use of streets), whether or not the closure, alteration, diversion or restriction constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act referred to in paragraph (4) are—

section 54 (advance notice of certain works)[^f00053], subject to paragraph (6);

section 55 (notice of starting date of works)[^f00054], subject to paragraph (6);

section 57 (notice of emergency works)[^f00055];

section 59 (general duty of street authority to co-ordinate works)[^f00056];

section 60 (general duty of undertakers to co-operate)[^f00057];

section 68 (facilities to be afforded to street authority)[^f00058];

section 69 (works likely to affect other apparatus in the street)[^f00059];

section 75 (inspection fees)[^f00060];

section 76 (liability for cost of temporary traffic regulation); and

section 77 (liability for cost of use of alternative route),

and all such other provisions as apply for the purposes of the provisions mentioned above.

(6) Sections 54 and 55 of the 1991 Act as applied by paragraph (4) have effect as if references in section 57 of that Act to emergency works were a reference to a closure, alteration, diversion or restriction (as the case may be) required in a case of emergency.

(7) Nothing in article 10 (construction and maintenance of new, altered or diverted streets and other structures)—

(a) affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act;

(b) means that the undertaker is not by reason of any duty under that article to maintain a street to be taken to be the street authority in relation to that street for the purposes of Part 3 of that Act; or

(c) has effect in relation to maintenance works which are street works within the meaning of the 1991 Act, as respects which the provisions of Part 3 (street works in England and Wales) of the 1991 Act apply.

(8) Subject to paragraphs (3) and (9), permit schemes will apply to the construction and maintenance of the authorised development and will be used by the undertaker in connection with the exercise of the powers conferred by this Order.

(9) For the purposes of the authorised development, a permit under a permit scheme may not be granted subject to conditions where compliance with those conditions would constitute a breach of this Order or where the undertaker would be unable to comply with those conditions pursuant to the powers conferred by this Order.

(10) Any order made by the Secretary of State under section 74A(2) (charge determined by reference to duration of works)[^f00061] of the 1991 Act for the purposes of the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012[^f00062] will not have effect in relation to the construction or maintenance of the authorised development.

Construction and maintenance of new, altered or diverted streets and other structures

10

(1) Subject to paragraphs (3) and (4), any highway (other than a trunk road or a special road) to be constructed under this Order must be completed to the reasonable satisfaction of the relevant local highway authority in whose area the highway lies and, unless otherwise agreed in writing with the relevant local highway authority, the highway, including any culverts or other structures laid under it, must be maintained by and at the expense of the relevant local highway authority from its completion.

(2) Subject to paragraphs (3) and (4), where a highway (other than a trunk road or special road) is altered or diverted under this Order, the altered or diverted part of the highway must, when completed to the reasonable satisfaction of the relevant local highway authority and, unless otherwise agreed in writing with the relevant local highway authority, that part of the highway, including any culverts or other structures laid under it, be maintained by and at the expense of the relevant local highway authority from its completion.

(3) In the case of a bridge constructed under this Order to carry a highway (other than a trunk road or special road) over a trunk road or special road—

(a) the highway surface (being those elements over the waterproofing membrane) must, unless otherwise agreed in writing with the local planning authority, from its completion (such completion to be to the reasonable satisfaction of the relevant local highway authority) be maintained by and at the expense of the relevant local highway authority; and

(b) the remainder of the bridge, including the waterproofing membrane and structure below, must be maintained from its completion by and at the expense of the undertaker.

(4) In the case of any other bridge constructed under this Order to carry a highway (other than a trunk road or special road), both the highway surface (being those elements over the waterproofing membrane) and the remainder of the bridge must, unless otherwise agreed in writing with the relevant local highway authority, be maintained by and at the expense of the relevant local highway authority from its completion (such completion to be to the reasonable satisfaction of the relevant local highway authority).

(5) Where a street which is not and is not intended to be a public highway is constructed, altered or diverted under this Order, the street (or part of the street as the case may be) must, when completed to the reasonable satisfaction of the street authority, and unless otherwise agreed in writing with the street authority, be maintained by and at the expense of the undertaker for a period of 12 months from its completion and at the expiry of that period by and at the expense of the street authority.

(6) In any action against the undertaker in respect of loss or damage resulting from any failure by it to maintain a street or structure under this article, it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the undertaker had taken such care as in all the circumstances was reasonably required to secure that the part of the street or structure to which the action relates was not dangerous to traffic.

(7) For the purposes of a defence under paragraph (6), the court must in particular have regard to the following matters—

(a) the character of the street or structure and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street or structure of that character and used by such traffic;

(d) whether the undertaker knew, or could reasonably have been expected to know, that the condition of the part of the street or structure to which the action relates was likely to cause danger to users of the street or structure; and

(e) where the undertaker could not reasonably have been expected to repair that part of the street or structure before the cause of action arose, what warning notices of its condition had been displayed,

but for the purposes of such a defence it is not relevant to prove that the undertaker had arranged for a competent person to carry out or supervise the maintenance of the part of the street or structure to which the action relates unless it is also proved that the undertaker had given the competent person proper instructions with regard to the maintenance of the street or structure and that the competent person had carried out those instructions.

(8) Unless otherwise agreed with the relevant local highway authority, where the highway (including the surface of the highway) comprised in Works Nos. 1D, 1H, 3B, 6B, 6C, 7M, and 8D are to be maintained by and at the expense of the relevant local highway authority under this article, the planting and vegetation on either side of that highway must be maintained by the undertaker in accordance with paragraph 5 of Schedule 2 to this Order.

Access to works

11

The undertaker may, for the purposes of the authorised development, form and lay out means of access, or improve (which includes altering) existing means of access, at such locations within the Order limits as the undertaker reasonably requires for the purposes of the authorised development.

Temporary closure, alteration, diversion and restriction of use of streets

12

(1) The undertaker, during and for the purposes of carrying out the authorised development, may temporarily close, alter, divert or restrict the use of any street or private means of access and may for any reasonable time—

(a) divert the traffic from the street or private means of access; and

(b) subject to paragraph (3), prevent all persons from passing along the street or private means of access.

(2) Without limitation on the scope of paragraph (1), the undertaker may use any street temporarily closed, altered, diverted or restricted under the powers conferred by this article and which is within the Order limits as a temporary working site.

(3) The undertaker must provide reasonable access for pedestrians going to or from premises abutting a street or private means of access affected by the temporary closure, alteration, diversion or restriction of a street or private means of access under this article if there would otherwise be no such access.

(4) Without limitation on the generality of paragraph (1), the undertaker may temporarily close, alter, divert or restrict the use of the streets or private means of access specified in column (1) of Schedule 3 (temporary closure, alteration, diversion and restriction of use of streets and private means of access) to the extent specified by reference to the letters and numbers shown on the streets subject to temporary restrictions of use plans, in column (2) of that Schedule, and may provide a temporary diversion.

(5) Save as to streets in respect of which the undertaker is the street authority, the undertaker must not temporarily close, alter, divert or restrict the use of—

(a) any street specified as mentioned in paragraph (4) without first consulting the street authority; and

(b) any other street without the consent of the street authority, which may attach reasonable conditions to any consent but such consent must not be unreasonably withheld or delayed.

(6) 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, as if it were a dispute under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(7) Where the undertaker provides a temporary diversion under paragraph (4), the new or temporary alternative route is not required to be of a higher standard than the temporarily closed, altered, diverted or restricted street or private means of access specified in column (2) of Schedule 3 but it must be suitable for use by the same type of traffic as uses that street or private means of access unless otherwise agreed with the street authority.

(8) If a street authority which receives an application for consent under paragraph (5)(b) fails to notify the undertaker of its decision before the end of the period of 28 days beginning with the date on which the application was received it is deemed to have granted consent provided the application includes the statement required under paragraph (9).

(9) Any application for consent under paragraph (5)(b) must include a statement that the provisions of paragraph (8) apply to that application.

Use of private roads for construction

13

(1) The undertaker may use any private road within the Order limits for the passage of persons or vehicles (with or without materials, plant and machinery) for the purposes of, or in connection with, the construction of the authorised development.

(2) The undertaker must compensate the person liable for the repair of a road to which paragraph (1) applies for any loss or damage which that person may suffer by reason of the exercise of the power conferred by paragraph (1).

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

Permanent stopping up of streets and private means of access

14

(1) Subject to the provisions of this article, the undertaker may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in column (1) of Parts 1 to 4 of Schedule 4 (permanent stopping up of streets and private means of access) to the extent specified and described in column (2) of that Schedule.

(2) No street or private means of access specified in column (1) of Parts 1 and 3 of Schedule 4 is to be wholly or partly stopped up under this article unless—

(a) the new street or private means of access to be constructed and substituted for it, which is specified in column (3) of those Parts of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or

(b) a temporary alternative route for the passage of such traffic as could have used the street or private means of access to be stopped up is first provided and subsequently maintained by the undertaker, to the reasonable satisfaction of the street authority, between the commencement and termination points for the stopping up of the street or private means of access until the completion and opening of the new street or private means of access in accordance with sub-paragraph (a).

(3) No street or private means of access specified in column (1) of Parts 2 or 4 of Schedule 4 is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the land which abuts on either side of the street or private means of access to be stopped up.

(4) The condition referred to in paragraph (3) is that—

(a) the undertaker is in possession of the land; or

(b) there is no right of access to the land from the street or private means of access concerned; or

(c) there is reasonably convenient access to the land otherwise than from the street or private means of access concerned; or

(d) the owners and occupiers of the land have agreed to the stopping up.

(5) 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 site of the street or private means of access as is bounded on both sides by land owned by the undertaker.

(6) 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.

(7) This article is subject to article 38 (apparatus and rights of statutory undertakers in stopped up streets).

Classification of roads, etc.

15

(1) From the date on which the roads and public rights of way described in Parts 1 to 6 of Schedule 5 (classification of roads, etc.) are completed and open for traffic—

(a) the roads described in Part 1 (special roads) are to be—

(i) special roads for the purpose of any enactment or instrument which refers to highways classified as special roads;

(ii) trunk roads for the purpose of any enactment or instrument which refers to highways classified as trunk roads; and

(iii) provided for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 5 to the 1980 Act;

(b) the roads described in Part 2 (trunk roads) of Schedule 5 are to become trunk roads as if they had become so by virtue of an order under section 10(2) (general provision as to trunk roads)[^f00063] of the 1980 Act specifying that date as the date on which they were to become trunk roads;

(c) the roads described in Part 3 (GLA roads) of Schedule 5 are GLA Roads as if they had become so by virtue of an order under section 14B (order of the authority changing what are GLA roads) of the 1980 Act specifying that date as the date on which they were to become GLA roads;

(d) the roads described in Part 4 (classified roads) of Schedule 5 are to become classified roads for the purpose of any enactment or instrument which refers to highways classified as classified roads as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act;

(e) the roads described in Part 5 (unclassified roads) of Schedule 5 are to become unclassified roads for the purpose of any enactment or instrument which refers to unclassified roads; and

(f) the public rights of way and permissive paths described in Part 6 (other public rights of way and permissive paths) of Schedule 5 will be of the type described in column (1) to the extent described in column (2) unless otherwise agreed with the relevant local highway authority.

(2) From the date that the roads described in—

(a) Part 1 (special roads) and Part 2 (trunk roads) of Schedule 5 have been completed and are open for traffic, the undertaker is the highway authority for those roads; and

(b) Part 3 (GLA Roads) of Schedule 5 have been completed and are open for traffic, Transport for London is the highway authority for those roads.

(3) Subject to paragraph (4) the undertaker may vary the classification of—

(a) any trunk road referred to in paragraph (1)(b) so that it is classified as a special road under paragraph (1)(a); or

(b) any special road referred to in paragraph (1)(a) so that it is classified as a trunk road under paragraph (1)(b).

(4) The undertaker must not exercise the powers conferred by paragraph (3) unless the undertaker has—

(a) given not less than 4 weeks’ notice in writing of the undertaker’s intention so to do to the chief officer of police and to the relevant local highway authority in whose area the road is situated; and

(b) published a notice, declaring the date on which that road or part of it is to be classified, not less than 7 days before that date, in at least one local newspaper circulating in the area in which the road or, as the case may be, the relevant part of it is situated and in the London Gazette.

(5) Before exercising the powers conferred by paragraph (3) the undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.

(6) Notwithstanding Schedule 1, the application of paragraphs (1) to (3) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters.

(7) In this article, “GLA road” has the same meaning as in section 14D(1) (construction of provisions relating to GLA roads)[^f00064] of the 1980 Act.

Clearways, speed limits and prohibitions

16

(1) From any such days as the undertaker may determine—

(a) no person is to drive any vehicle at a speed exceeding the limit in miles per hour specified in column (2) of Part 1 (speed limits) of Schedule 6 (traffic regulation measures) along the lengths of road identified in the corresponding row of column (1) of that Part;

(b) no person is to drive a vehicle on a section of a road which is subject to a variable speed limit at a speed exceeding that indicated by a variable message sign (paragraphs (4) and (5) make further provision in respect of variable speed limits);

(c) the restrictions specified in column (2) of Part 2 (clearways and other restrictions) of Schedule 6 are to apply to the lengths of road identified in the corresponding row of column (1) of that Part except upon the direction of, or with the permission of, a constable or traffic officer in uniform; and

(d) the orders specified in column (2) of Part 3 (variations of existing traffic regulation orders) of Schedule 6 are to be varied or revoked as specified in the corresponding row of column (3) of that Part in respect of the lengths of roads specified in the corresponding row of column (1) of that Part,

except that no speed limit imposed by or under paragraph (1)(a) or (b) applies to vehicles falling within regulation 3(4) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011[^f00065] when used in accordance with regulation 3(5) of those regulations.

(2) Nothing in paragraph (1)(c) applies—

(a) to render it unlawful to cause or permit a vehicle to stop or wait on any part of a road, for so long as may be necessary to enable that vehicle to be used in connection with—

(i) the removal of any obstruction to traffic;

(ii) the maintenance, improvement, reconstruction or operation of the road;

(iii) the laying, erection, maintenance, or renewal in or near the road of any sewer, main pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any electronic communications apparatus as defined in Schedule 3A (the electronic communications code)[^f00066] to the Communications Act 2003; or

(iv) any building operation or demolition;

(b) in relation to a vehicle being used—

(i) for police, ambulance, fire and rescue authority or traffic officer purposes;

(ii) in the service of a local planning authority or highway authority, safety camera partnership or Driver and Vehicle Standards Agency in pursuance of statutory powers or duties;

(iii) in the service of a water or sewerage undertaker within the meaning of the Water Industry Act 1991[^f00067]; or

(iv) by a universal service provider for the purposes of providing a universal postal service as defined by the Postal Services (Universal Postal Service) Order 2012[^f00068]; or

(i) required by law to stop;

(ii) obliged to stop in order to avoid an accident; or

(iii) prevented from proceeding by circumstances outside the person’s control.

(3) No person is to cause or permit any vehicle to stop or wait on any part of the roads described in Part 2 (trunk roads) of Schedule 5 for the purposes of selling, or dispensing of, goods from that vehicle, unless the goods are immediately delivered at, or taken into, premises adjacent to the land on which the vehicle stood when the goods were sold or dispensed.

(4) In relation to those sections of road identified in column (1) of Part 1 (speed limits) of Schedule 6 (traffic regulation measures) as being subject to a variable speed limit in column (2) of that Part, a vehicle will be subject to the speed limit shown on a variable messaging sign provided that vehicle has not subsequently passed—

(a) another speed limit sign indicating a different speed limit; or

(b) a traffic sign which indicates that the national speed limit is in force.

(5) The speed limit indicated by a variable messaging sign is the speed shown at the time the vehicle passes the sign, or—

(a) if higher, the speed limit shown by the sign ten seconds before the vehicle passed the sign; or

(b) if, no speed limit is shown by the sign ten seconds before the vehicle passed the sign, the national speed limit.

(6) Paragraphs (1) to (5) have effect as if made by order under the 1984 Act, and their application may be varied or revoked by an order made under that Act or any other enactment which provides for the variation or revocation of such orders.

(7) In this article—

“a traffic sign which indicates that the national speed limit is in force” means a traffic sign of the type shown in diagram 671 in Part 2 (signs and road markings indicating speed limits) of Schedule 10 (signs for speed limits) to the Traffic Signs Regulations and General Directions;

“national speed limit” has the meaning given by Schedule 1 (definitions)[^f00069] to the Traffic Signs Regulations and General Directions 2016;

“road” includes the adjacent hard shoulder and verge;

“speed limit sign” means a traffic sign of the type shown in diagram 670 in Part 2 of Schedule 10 or diagram 6001 in Part 2 (matrix signs and light signals for motorways and all-purpose dual carriageway roads) of Schedule 15 (matrix signs and light signals for the control of moving traffic on motorways and dual carriageway roads) to the Traffic Signs Regulations and General Directions 2016 which is—placed on or near a road; anddirected at traffic on the carriageway on which the vehicle is being driven;and

“variable message sign” has the meaning given by Schedule 1 (definitions) to the Traffic Signs Regulations and General Directions 2016.

Traffic regulation – local roads

17

(1) This article applies to roads in respect of which the undertaker is not the traffic authority.

(2) Subject to the provisions of this article, and, the consent of the relevant traffic authority in whose area the road concerned is situated, which must not be unreasonably withheld or delayed, the undertaker may, for the purposes of the authorised development—

(a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act;

(b) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles on any road;

(d) make provision as to the direction or priority of vehicular traffic on any road; and

(e) permit, restrict, regulate or prohibit vehicular access to any road,

either at all times or at times, on days or during such periods as may be specified by the undertaker.

(3) The power conferred by paragraph (2) may be exercised at any time prior to the expiry of 24 months from the opening of the last part of the authorised development for public use but subject to paragraph (7) any prohibition, restriction or other provision made under paragraph (2) may have effect both before and after the expiry of that period.

(4) The undertaker must consult the chief officer of police and the relevant traffic authority in whose area the road is situated before complying with the provisions of paragraph (5).

(5) The undertaker must not exercise the powers conferred by paragraph (2) unless it has—

(a) given not less than—

(i) 12 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; or

(ii) except in a case of emergency, 4 weeks’ notice in writing of its intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily,

to the chief officer of police and to the relevant traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the relevant traffic authority may specify in writing within 28 days of the receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i), or within 7 days of the receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii).

(6) Any prohibition, restriction or other provision made by the undertaker under paragraph (2)—

(a) has effect as if duly made by, as the case may be–

(i) the relevant traffic authority in whose area the road is situated, as a traffic regulation order under the 1984 Act; or

(ii) the local authority in whose area the road is situated, as an order under section 32 (power of local authorities to provide parking spaces)[^f00070] of the 1984 Act,

and the instrument by which it is effected may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and

(b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act.

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraph (2) within a period of 24 months from the opening of the authorised development.

(8) Before exercising the powers conferred by paragraph (2) the undertaker must consult such persons as it considers necessary and appropriate and must take into consideration any representations made to it by any such person.

(9) Expressions used in this article and in the 1984 Act have the same meaning in this article as in that Act.

(10) The powers conferred on the undertaker by this article with respect to any road have effect subject to any agreement entered into by the undertaker with any person with an interest in (or who undertakes activities in relation to) premises served by the road.

(11) If the relevant traffic authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent under paragraph (2) the traffic authority is deemed to have granted consent provided the application includes the statement required under paragraph (12).

(12) Any application for consent under paragraph (2) must include a statement that the provisions of paragraph (11) apply to that application.

PART 4 — SUPPLEMENTAL POWERS

Powers in relation to relevant navigations or watercourses

18

(1) Subject to Schedule 14 (protective provisions) the undertaker may, for the purpose of or in connection with the carrying out and maintenance of the authorised development, regardless of any interference with any private rights—

(a) temporarily alter, interfere with, occupy and use the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse;

(b) remove or relocate any moorings so far as may be reasonably necessary for the purposes of carrying out and of maintaining the authorised development;

(d) construct, place, maintain and remove temporary works and structures within the banks, bed, foreshores, waters and walls of a relevant navigation or watercourse; and

(e) interfere with the navigation of the relevant navigation or watercourse,

in such manner and to such extent as is reasonably necessary in connection with the carrying out and maintenance of the authorised development.

(2) Except in the case of emergency, the undertaker must use reasonable endeavours to notify the owner of any mooring affected by the proposal to exercise the powers conferred by paragraph (1)(b) before the exercise of those powers.

(3) The undertaker must pay compensation to any person entitled to compensation who suffers any loss or damage from the exercise of the powers conferred by paragraph (1).

(4) Any dispute as to a person’s entitlement to compensation under paragraph (3), or as to the amount of compensation, is to be determined as if it were a dispute under Part 1 of the 1961 Act.

(5) In this article “relevant navigation” means the river Thames within the Order limits or which may be affected by the authorised development.

Discharge of water

19

(1) Subject to paragraphs (3) and (4), the undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the carrying out or maintenance or use 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 under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers)[^f00071] of the Water Industry Act 1991.

(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; and such consent may be given subject to such terms and conditions as that person may reasonably impose, but must not be unreasonably withheld.

(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 such approval must not be unreasonably withheld; and

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

(5) The undertaker must not, in carrying out or maintaining works under this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.

(6) 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.

(7) If a person who receives an application for consent under paragraph (3) or approval under paragraph (4)(a) fails to notify the undertaker of a decision within 28 days of receiving an application, that person will be deemed to have granted consent or given approval, as the case may be, provided the application includes the statement required under paragraph (8).

(8) Any application for consent under paragraph (3) or approval under paragraph (4)(a) must include a statement that the provisions of paragraph (7) apply to that application.

(9) Subject to article 53 (disapplication of legislative provisions, etc.), nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit)[^f00072] of the Environmental Permitting (England and Wales) Regulations 2016.

(10) In this article—

(a) “main river” means watercourses shown as such on the statutory main river maps held by the Environment Agency and the Department for Environment Food and Rural Affairs;

(b) “public sewer or drain” means a sewer or drain which belongs to Homes England, the Environment Agency, an internal drainage board, a joint planning board, a local authority, a sewerage undertaker or an urban development corporation; and

(c) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991[^f00073] have the same meaning as in that Act.

Protective work to land and buildings

20

(1) Subject to the following provisions of this article, the undertaker may at its own expense carry out such protective works to any land and any building on that land which may be affected by the authorised development as the undertaker considers necessary or expedient.

(2) Protective works may be carried out—

(a) at any time before or during the carrying out in the vicinity of the land of any part of the authorised development; or

(b) after the completion of that part of the authorised development in the vicinity of the land at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised development is first opened for use.

(3) For the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) and any land within its curtilage, and place on, leave on and remove from the land and building any apparatus and equipment for use in connection with the survey.

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

(a) enter the land and any building on that land; and

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

and if it is reasonably required, the undertaker may take possession, or exclusive possession, of the building and any land or part thereof for the purpose of carrying out the protective works.

(5) Before exercising—

(a) a right under paragraph (1) to carry out protective works;

(b) a right under paragraph (3) to enter any land or building on that land;

(d) a right under paragraph (4)(b) to enter land,

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

(6) Where a notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 64 (arbitration).

(7) 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.

(8) Where—

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

(b) within the period of 5 years beginning with the day on which the part of the authorised development carried out in the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the carrying out or use of that part of the authorised development,

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

(9) Where the undertaker exercises the power under paragraph (1) in relation to a building listed under section 1 of the Planning (Listed Buildings and Conservation Areas)[^f00074] Act 1990, the undertaker must, except in an emergency—

(a) serve the notice served on owners and occupiers of a building or land under paragraph (5) on the local planning authority and Historic England; and

(b) have due regard to any response received from the local planning authority or Historic England within the period specified in the notice under paragraph (5).

(10) Subject to article 67 (no double recovery), nothing in this article relieves the undertaker from any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance)[^f00075] of the 2008 Act.

(11) Any compensation payable under paragraph (7) or (8) is 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.

(12) Section 13 (refusal to give possession to acquiring authority)[^f00076] of the 1965 Act applies to the entry onto 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 (compulsory acquisition provisions)[^f00077] of the 2008 Act.

(13) In this article “protective works” means—

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to land and any building on that land by the carrying out, maintenance or use of the authorised development;

(b) any works the purpose of which is to remedy any damage which has been caused to the land or any building on that land by the carrying out, maintenance or use of the authorised development; and

(c) any works the purpose of which is to secure the safe operation of the authorised development or to prevent or minimise the risk to such operation being disrupted.

Authority to survey and investigate the land

21

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

(a) survey or investigate the land (including any watercourses, groundwater, static water bodies or vegetation on the land);

(b) without limitation on the scope of sub-paragraph (a), make any excavations, trial holes. boreholes, and other investigations in such positions on the land as the undertaker thinks fit to investigate the extent or the nature of the surface layer, subsoil, ground water, underground structures, foundations, and plant or apparatus and remove soil and water samples and discharge water from sampling operations on to the land;

(c) without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including making any excavations or trial holes on the land for such purposes; 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 and boreholes.

(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 and that notice must indicate the nature of the activity that the undertaker intends to carry out.

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

(a) must, if so required, before or after 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 or boreholes.

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

(a) in land located within a highway boundary without the consent of the relevant local 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 powers conferred by this article, such 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) If either a relevant local highway authority or street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the application for consent—

(a) under paragraph (4)(a) in the case of a relevant local highway authority; or

(b) under paragraph (4)(b) in the case of a street authority,

that authority will be deemed to have granted consent provided the application includes the statement required under paragraph (8).

(7) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto 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.

(8) Any application for consent under paragraph (4) must include a statement that the provisions of paragraph (6) apply to that application.

Removal of human remains

22

(1) In this article “the specified land” means the land within the Order limits.

(2) Before the undertaker carries out any development or works within the Order limits which will or may disturb any human remains in the specified land it must remove those human remains from the specified land, or cause them to be removed, in accordance with the following provisions of this article.

(3) Subject to paragraph (14), before any such remains are removed from the specified land the undertaker must give notice of the intended removal, describing the specified land and stating the general effect of the following provisions of this article, by—

(a) publishing a notice once in each of two successive weeks in a newspaper circulating in the relevant area of the authorised project; and

(b) displaying a notice in a conspicuous place on or near to the specified land.

(4) As soon as reasonably practicable after the first publication of a notice under paragraph (3) the undertaker must send a copy of the notice to the relevant local planning authority.

(5) At any time within 56 days after the first publication of a notice under paragraph (3) any person who is a personal representative or relative of any deceased person whose remains are interred in the specified land may give notice in writing to the undertaker of that person’s intention to undertake the removal of the remains.

(6) Where a person has given notice under paragraph (5), and the remains in question can be identified, that person may cause such remains to be—

(a) removed and re-interred in any burial ground or cemetery in which burials may legally take place; or

(b) removed to, and cremated in, any crematorium,

and that person must, as soon as reasonably practicable after such re-interment or cremation, provide to the undertaker a certificate for the purpose of enabling compliance with paragraph (11).

(7) The undertaker must pay the reasonable expenses of removing and re-interring or cremating the remains of any deceased person under this article.

(8) If the undertaker is not satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be, or that the remains in question can be identified, the question is to be determined on the application of either party in a summary manner by the county court, and the court may make an order specifying who must remove the remains and as to the payment of the costs of the application.

(9) If—

(a) within the period of 56 days referred to in paragraph (5) no notice under that paragraph has been given to the undertaker in respect of any remains in the specified land; or

(b) such notice is given and no application is made under paragraph (8) within 56 days after the giving of the notice but the person who gave the notice fails to remove the remains within a further period of 56 days; or

(c) within 56 days after any order is made by the county court under paragraph (8) any person, other than the undertaker, specified in the order fails to remove the remains; or

(d) it is determined that the remains to which any such notice relates cannot be identified,

subject to paragraph (10) the undertaker must remove the remains and cause them to be re-interred in such burial ground or cemetery in which burials may legally take place as the undertaker thinks suitable for the purpose; and, so far as possible, remains from individual graves must be reinterred in individual containers which must be identifiable by a record prepared with reference to the original position of burial of the remains that they contain.

(10) If the undertaker is satisfied that any person giving notice under paragraph (5) is the personal representative or relative as that person claims to be and that the remains in question can be identified, but that person does not remove the remains in accordance with the terms of this article, the undertaker must comply with any reasonable request that person may make in relation to the removal and re-interment or cremation of the remains.

(11) On the re-interment or cremation of any remains under this article—

(a) a certificate of re-interment or cremation is to be sent by the undertaker to the Registrar General by the undertaker giving the date of re-interment or cremation and identifying the place from which the remains were removed and the place in which they were re-interred or cremated; and

(b) a copy of the certificate of re-interment or cremation and the record mentioned in paragraph (9) is to be sent by the undertaker to the relevant local planning authority mentioned in paragraph (4).

(12) The removal of the remains of any deceased person under this article must be carried out in accordance with any directions which may be given by the Secretary of State.

(13) Any jurisdiction or function conferred on the county court by this article may be exercised by the district judge of the court.

(14) No notice is required under paragraph (3) before the removal of any human remains where the undertaker is satisfied—

(a) that the remains were interred more than 100 years ago; and

(b) that no relative or personal representative of the deceased is likely to object to the remains being removed in accordance with this article.

(15) In the case of remains in relation to which paragraph (14) applies, the undertaker—

(a) may remove the remains; and

(b) must apply for direction from the Secretary of State under paragraph (12) as to their subsequent treatment.

(16) Nothing in this article affects the application of paragraph 9 of Schedule 2 to this Order.

(17) Section 25 of the Burial Act 1857 (bodies not to be removed from burial grounds, save under faculty, without licence of Secretary of State)[^f00078] does not apply to a removal carried out in accordance with this article or in accordance with paragraph 9 of Schedule 2 to this Order.

(18) Section 239 (use and development of burial grounds) of the 1990 Act applies—

(a) in relation to land, other than a right over land, acquired for the purposes of the authorised development (whether or not by agreement), so as to permit use by the undertaker in accordance with the provisions of this Order; and

(b) in relation to a right over land so acquired (whether or not by agreement), or the temporary use of land pursuant to articles 35 (temporary use of land for carrying out the authorised development) or 36 (temporary use of land for maintaining the authorised development), so as to permit the exercise of that right or the temporary use by the undertaker in accordance with the provisions of this Order,

and in section 240(1) (provisions supplemental to ss. 238 and 239) of the 1990 Act reference to “regulations made for the purposes of sections 238(3) and (4) and 239(2)” means, so far as applicable to land or a right over land acquired under this Order, paragraphs (2) to (15) of this article, and in section 240(3) of the 1990 Act reference to a “statutory undertaker” includes the undertaker and reference to “any other enactment” includes this Order.

(19) The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950[^f00079] do not apply to the authorised development.

(20) In this article—

(a) references to a relative of the deceased are to a person who is a—

(i) husband, wife, civil partner, parent, grandparent, child or grandchild of the deceased; or

(ii) child of a brother, sister, uncle or aunt of the deceased.

(b) references to a personal representative of the deceased are to a person or persons who is the lawful executor of the estate of the deceased or is the lawful administrator of the estate of the deceased.

Felling or lopping of trees and removal of hedgerows

23

(1) The undertaker may fell or lop any tree or shrub, 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.

(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 as if it were a dispute under Part 1 of the 1961 Act.

(4) The undertaker may, for the purposes of carrying out the authorised development but subject to paragraph (2), remove any hedgerow within or overhanging land within the Order limits that is required to be removed.

(5) In this article “hedgerow” includes a hedgerow to which the Hedgerow Regulations 1997[^f00080] apply and includes important hedgerows.

Trees subject to tree preservation orders

24

(1) Subject to paragraph (2), the undertaker may fell or lop any tree made subject to a tree preservation described in Schedule 7 (trees subject to tree preservation orders) or cut back its roots or undertake such other works described in column (2) of that Schedule relating to the relevant part of the authorised development described in column (3) of that Schedule or any tree within or overhanging land within the Order limits subject to a tree preservation order which was made after the date this Order is made.

(2) The undertaker may only exercise the powers referred to in paragraph (1) if it reasonably believes it to be necessary in order 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.

(3) In carrying out any activity authorised by paragraph (1)—

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