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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

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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“preliminary navigational risk assessment” means the document of that description listed in Schedule 16 (documents to be certified) and certified by the Secretary of State as the preliminary navigational risk assessment and, in connection with any ground investigations in the river Thames, means the “Lower Thames Crossing Ground Investigations Navigational Risk Assessment” (which forms Appendix F of the preliminary navigational risk assessment);

“specified function” means any function of the undertaker under this Order (except any function under article 25 (compulsory acquisition of land), article 28 (compulsory acquisition of rights and imposition of restrictive covenants), article 33 (acquisition of subsoil or airspace only)) the exercise of which may affect the river Thames or any function of the PLA;

“specified work” means any part of the authorised development (which for this purpose includes the removal of any part of the authorised development), which—is, may be, or takes place in, on, under or over the surface of land below the level of mean high water forming part of the river Thames; ormay affect the river Thames or any function of the PLA,

including any projection over the river Thames by any authorised work or any plant or machinery or any dredging (as defined in the 1968 Act) in the river Thames;

“temporary outfall” means the temporary outfall in the river Thames referenced in paragraph 5(2)(a) of Schedule 15 (deemed marine licence) to this Order; and

“tunnelling works” means so much of Work No. 4A as is carried out wholly under the bed of the River Thames.

Approval of detailed design (excluding the tunnelling works)

98

(1) The undertaker must not exercise any specified function or begin the construction of any specified work until plans of the work or function have been approved in writing by the PLA, but the PLA’s approval is not required under this paragraph for any tunnelling works forming part of a specified work.

(2) The undertaker must submit to the PLA plans of the specified work or specified function and such further particulars as the PLA may, within 20 business days starting with the day on which the plans are submitted under this sub-paragraph, reasonably require, and the particulars so supplied are to provide all information necessary to enable the PLA to determine whether approval should be given and, if so, whether conditions should be imposed.

(3) Insofar as the plans submitted under sub-paragraph (2) include a navigational risk assessment, the undertaker must consult the Port of Tilbury London Limited on that assessment prior to submission under sub-paragraph (2) and that assessment must be in all material respects in accordance with the preliminary navigational risk assessment (including where relevant the incorporation of embedded risk controls and additional risk controls identified in the preliminary navigational risk assessment) unless otherwise agreed by the PLA.

(4) Any approval of the PLA required under this paragraph must not be unreasonably withheld but may be given subject to such reasonable modifications, terms and conditions as the PLA may make for the protection of—

(a) traffic in, or the flow or regime of, the river Thames;

(b) the use of its land, or the river Thames, for the purposes of performing its functions; or

(5) Requirements made under sub-paragraph (4) may include conditions as to—

(a) the proposed location of any temporary work and its dimensions or the location where the specified function is proposed to be exercised;

(b) the programming of temporary works or the exercise of the specified function including the timing and management of giving up temporary possession;

(c) the removal of any temporary works and the undertaking by the undertaker of any related work or operation that the PLA considers to be necessary for the purpose of removing or preventing any obstruction to navigation;

(d) the relocation, provision and maintenance of works, moorings, apparatus and equipment necessitated by the specified work or specified function; and

(e) the expiry of the approval if the undertaker does not commence construction or carrying out of the approved specified work or exercise of the specified function within a prescribed period.

(6) An application for approval under this paragraph is deemed to have been refused if it is neither given nor refused within 30 business days of the specified day.

(7) An approval of the PLA under this paragraph is not deemed to have been unreasonably withheld if approval within the time limited by sub-paragraph (6) 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.

(8) The undertaker must carry out all operations for the construction of any specified work or the specified function without unnecessary delay and to the reasonable satisfaction of the PLA so that traffic in, or the flow or regime of, the river Thames, and the exercise of the PLA’s functions, do not suffer more interference than is reasonably practicable. The PLA is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey those operations and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place.

(9) In this paragraph, “specified day” means—

(a) the day on which the plans of the specified work or specified function referred to in sub-paragraph (2) are provided to the PLA; or

(b) the day on which the undertaker provides the PLA with the further particulars requested by the PLA under sub-paragraph (2),

whichever is later.

Design of, and coordination of, tunnelling works to ensure existing and future use of river Thames

99

(1) The detailed design and construction of the tunnelling works in the river Thames must—

(a) provide for a protected dredged navigational channel depth of 12.5m below chart datum with an additional 0.5m to allow for over-dredging attributable to standard dredging methodology;

(b) ensure that that channel depth can be maintained where scour protection is required; and

(c) take into account the need to protect the existing and future use of the river Thames, including reasonable mitigation of risks to the river Thames and the functions of the PLA during construction of the tunnelling works and operation of the authorised development.

(2) The undertaker must, in a timely manner, consult with the PLA in relation to matters related to or may affect their functions—

(a) when preparing the detailed design and construction methodology of the tunnelling works under the river Thames, on—

(i) the construction methodology for those works insofar as relevant to the existing and future use of the river Thames and the PLA’s functions;

(ii) the measures to be taken in connection with those works, including in respect of unexploded ordnance in the river Thames having regard to the need to protect the existing and future use of the river Thames; and

(b) during construction of the tunnelling works under the river Thames, on such matters regarding those works as the PLA may reasonably request including, but not limited to, tunnel monitoring, construction and baseline monitoring data.

(3) The undertaker must have reasonable regard to any representations made by the PLA under sub-paragraph (2) and provide a written account of how any such representations have been taken into account.

(4) Where the PLA are not reasonably satisfied in relation to the written account provided in relation to the matters under sub-paragraph (2)(a)(ii), the senior representatives from the PLA and the undertaker must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days, and if the PLA is not reasonably satisfied following that meeting it may within 20 business days of the specified day, notify the undertaker that the PLA is in dispute with the undertaker and accordingly refer the matter to arbitration under paragraph 116 (disputes) to review the measures to be implemented having regard to protecting the existing and future use of the river Thames.

(5) Unless sub-paragraph (6) applies, in the event that a matter is referred to arbitration under sub-paragraph (4), the undertaker must not begin any tunnelling work to which a dispute under sub-paragraph (4) relates until such arbitration is settled by the arbitrator (and where sub-paragraph (6) applies, the arbitrator must ensure its decision does not conflict with the Secretary of State’s decision under that sub-paragraph).

(6) This sub-paragraph applies where the undertaker provides the Secretary of State with PLA’s representations, and the written account required under sub-paragraph (3), and the Secretary of State agrees any tunnelling work to which a dispute under sub-paragraph (4) relates can begin.

(7) The undertaker must, no later than three months prior to the expected commencement of the tunnelling works, provide the PLA with a point of contact for continuing liaison and co-ordination throughout the construction of the tunnelling works and the undertaker must notify the PLA of the date of—

(a) the tunnelling works beginning as soon as reasonably practicable and, in any event, 28 days prior to beginning of those works;

(b) the completion of the tunnelling works as soon as reasonably practicable after the completion of those works;

(c) the beginning and end of construction of each of the tunnel bore for northbound traffic, the tunnel bore for southbound traffic and each cross-passage connecting the two tunnels;

(d) any suspension or resumption of tunnelling works which may affect the PLA’s functions; and

(e) any changes to the planned tunnelling works which may affect the PLA’s functions.

(8) In this paragraph, “construction methodology” includes construction methods and measures for management of construction risks.

Construction of tunnelling works

100

(1) Prior to commencing construction of the tunnelling works and as soon as reasonably practicable after they each become available, the undertaker must provide to the PLA the following—

(a) an Approval in Principle, or similar, demonstrating that the design requirement has been incorporated into the detailed design of the tunnelling works;

(b) a Design Certificate demonstrating that the detailed design of the tunnelling works has satisfied the design requirement;

(c) a Check Certificate, completed by an independent person, demonstrating that the detailed design of the tunnelling works has satisfied the design requirement;

(d) a river use and navigation emergency response plan relating to the tunnelling works in so far as they may affect the river Thames or the PLA’s functions, which must include reasonable notification to the PLA of any risks arising which may affect the PLA’s assets and operations; and

(e) a management, monitoring and reporting plan relating to the tunnelling works in so far as they may affect the river Thames and the PLA’s functions, which must include a mechanism by which the PLA can reasonably require any additional relevant monitoring information concerning such risks.

(2) The undertaker must supply to the PLA—

(a) any of the drawings referred to in either of the certificates specified in sub-paragraphs (2)(b) and (2)(c); and

(b) such other information relating to any of the documents provided under sub-paragraph (1) or (2)(a) as the PLA may reasonably require,

upon request made by the PLA within 10 business days of the day on which the PLA receives the document that gives rise to the request.

(3) If, following receipt of any of the documents supplied under sub-paragraphs (2) and (3), the PLA is not reasonably satisfied that the design requirement will be met, senior representatives from the PLA and the undertaker must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days, and if the PLA is not reasonably satisfied following that meeting it may within 20 business days of the specified day, notify the undertaker that the PLA is in dispute with the undertaker and accordingly refer the matter to arbitration under paragraph 116 to review the proposed detailed design of the tunnelling works so far as it concerns the design requirement.

(4) In this paragraph—

(a) “Approval in Principle”, “Check Certificate” and “Design Certificate” have the same meaning as in the DMRB Volume 1 Section 1 Part 1 BD2/12;

(b) “the design requirement” means the detailed design requirement specified in paragraph 99(1) (design of, and coordination of, tunnelling works to ensure existing and future use of river Thames);

(i) the day on which the documents referred to in sub-paragraph (4) are provided to the PLA under that sub-paragraph; or

(ii) the day on which the undertaker provides the PLA with all drawings and further information that has been requested by the PLA under sub-paragraph (2),

whichever is the later.

As built drawings

101

As soon as reasonably practicable following the completion of the construction of the authorised development, the undertaker must provide to the PLA as built drawings of any specified works in a form and scale to be agreed between the undertaker and the PLA to show the position of those works in relation to the river Thames.

Discharges etc.

102

(1) The undertaker must not without the consent of the PLA exercise the powers conferred by article 19 (discharge of water) so as to—

(a) deposit in or allow to fall or be washed into the river Thames any gravel, soil or other material;

(b) discharge or allow to escape either directly or indirectly into the river Thames any offensive or injurious matter in suspension or otherwise; or

(2) Any consent of the PLA under this paragraph must not be unreasonably withheld but may be given subject to such terms and conditions as the PLA may reasonably impose.

(3) Any consent under this paragraph is deemed to have been given if it is neither given nor refused (or is refused but without an indication of the grounds for refusal) within 25 business days of the day on which the request for consent is submitted under sub-paragraph (1).

(4) The undertaker must not, in the exercise of the powers conferred by article 19, damage or interfere with the beds or banks of any watercourse forming part of the river Thames unless such damage or interference is approved as a specified work under this Order or is otherwise approved in writing by the PLA.

Removal of temporary works

103

(1) On completion of the construction of the whole or any part of a permanent specified work, the undertaker must—

(a) as soon as reasonably practicable after such completion seek approval under paragraph 98 (approval of detailed design (excluding the tunnelling works)) for the removal required by paragraph (b); and

(b) as soon as reasonably practicable after the grant of that approval under paragraph 98 remove—

(i) in the case of completion of part of a permanent specified work, any temporary tidal work (other than a residual structure) carried out only for the purposes of that part of the permanent specified work;

(ii) on completion of all the specified works, any remaining temporary tidal work (other than a residual structure); and

and make good the site to the reasonable satisfaction of the PLA.

(2) Without limitation to paragraph (1), the undertaker must as soon as reasonably practicable seek approval under paragraph 98 for the removal of the temporary outfall in the river Thames and any structure installed in connection with ground investigations in the river Thames where the use of that outfall or structure is no longer necessary in connection with the construction of the authorised development, and as soon as practicable after the grant of that approval must remove that outfall and structure and make good the site to the reasonable satisfaction of the PLA.

(3) For the purposes of the undertaker making good the site in accordance with sub-paragraph (1)(b), the PLA may require that—

(a) any residual structure is cut off by the undertaker at such level below the bed of the river Thames as the PLA may reasonably direct; and

(b) the undertaker takes such other steps to make the residual structure safe as the PLA may reasonably direct.

(4) As soon as reasonably practicable after the undertaker has complied with the PLA’s requirements under sub-paragraphs (1), (2) and (3) in relation to any residual structure, the PLA must grant the undertaker a works licence for that structure under section 66 (licensing of works) of the 1968 Act, and the terms of the licence are to reflect such requirements.

(5) For the avoidance of doubt, article 53 (disapplication of legislative provisions, etc.) will not apply to a residual structure which will, accordingly, be subject to sections 66 to 75 (lands above mean high water level) of the 1968 Act.

(6) In this paragraph—

“residual structure” means any part of a temporary tidal work that the PLA agrees cannot reasonably be removed by the undertaker on completion of the construction of the permanent specified works; and

“tidal work” means any specified work any part of which is, or may be, or, in, under or over the surface of land below the level of mean high water forming part of the river Thames.

Protective action

104

(1) If any specified work or the exercise of any specified function—

(a) is constructed or carried out otherwise than in accordance with the requirements of this Schedule or with any condition in an approval given under paragraph 98(4) (approval of detailed design (excluding the tunnelling works)); or

(b) during construction or carrying out gives rise to sedimentation, scouring, currents or wave action, or other material change to the riverbed, which would be materially detrimental to traffic in, or the flow or regime of, the river Thames,

then the PLA may by notice in writing require the undertaker at the undertaker’s own expense to comply with the remedial requirements specified in the notice.

(2) The requirements that may be specified in a notice given under sub-paragraph (1) are—

(a) in the case of a specified work or specified function to which sub-paragraph (1)(a) applies, such requirements as may be specified in the notice for the purpose of giving effect to the requirements of—

(i) this Schedule; or

(ii) the condition that has been breached; or

(b) in any case within sub-paragraph (1)(b), such requirements as may be specified in the notice for the purpose of preventing, mitigating or making good the sedimentation, scouring, currents or wave action or other material change to the riverbed so far as required by the needs of traffic in, or the flow or regime of, the river Thames.

(3) If the undertaker does not comply with a notice under sub-paragraph (1), or is unable to do so then the PLA may in writing require the undertaker to—

(a) remove, alter or pull down the specified work, and where the specified work is removed to restore the site of that work (to such extent as the PLA reasonably requires) to its former condition; or

(b) take such other action as the PLA may reasonably specify for the purposes of remedying the non-compliance to which the notice relates.

(4) If a specified work gives rise to materially new or materially different environmental effects over and above those anticipated by any environmental document, the undertaker must, in compliance with its duties under any enactment, take such action as is necessary to prevent or mitigate those environmental impacts and in so doing must consult and seek to agree the necessary measures with the PLA.

(5) If the PLA becomes aware that any specified work is causing materially new or materially different environmental effects over and above those anticipated by any environmental document, the PLA must notify the undertaker of—

(a) that materially new or materially different environmental effect;

(b) the reasons why the PLA believes that the materially new or materially different environmental effects are being caused by the specified work; and

(c) measures that the PLA reasonably believes are necessary to counter or mitigate that materially new or materially different environmental effects.

(6) The undertaker must implement either the measures that the PLA has notified to it under paragraph (5) or such other measures as the undertaker believes are necessary to counter materially new or materially different environmental effects identified, giving reasons to the PLA as to why it has implemented such other measures.

(7) In this paragraph “environmental document” means—

(a) the environmental statement; and

(b) any other document containing environmental information provided by the undertaker to the PLA for the purposes of any approval under paragraph 98.

105

(1) The undertaker must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river Thames without the consent of the PLA, and must ensure that access to such aids remains available during and following construction of any specified work or the exercise of any specified function.

(2) The undertaker must provide at any specified work, or must afford reasonable facilities at such work (including an electricity supply) for the PLA to provide at the undertaker’s cost, from time to time such navigational lights, signals, radar or other apparatus for the benefit, control and direction of navigation as the PLA may deem necessary by reason of the construction and presence of the specified work and must ensure access remains available to such facilities during and following construction of the specified work.

(3) The power under article 18(1)(e) (powers in relation to relevant navigations or watercourses) may only be exercised in connection with the relevant navigation as defined in that article where that exercise relates to—

(a) Work No. 5A;

(b) Work No. 5X;

(d) any other activity approved in writing by the PLA.

Use of land above the riverbed of the river Thames

106

The undertaker’s powers of temporary possession and compulsory acquisition of rights and imposition of restrictive covenants under this Order above the riverbed of the river Thames in connection with the temporary outfall, permanent outfall, the new water inlet with self-regulating valve and ground investigation works, is limited to what is reasonably necessary for the undertaker safely to construct the authorised development.

Survey of the river Thames riverbed

107

(1) The PLA may, at the undertaker’s expense (such expense to be that which is reasonably incurred), carry out a survey (or externally procure the carrying out of a survey) for the purpose of establishing the condition of the river Thames—

(a) before the commencement of construction of the first specified work below the level of mean high water to be constructed following approval under paragraph 98 (approval of detailed design (excluding the tunnelling works));

(b) before the commencement of construction of any other specified work, or the carrying out of any other specified function, approved under paragraph 98;

(c) during the construction of any specified work, or the carrying out of any specified function, as is reasonably required; and

(d) after completion of, respectively—

(i) any specified work and the exercise of all related specified functions; and

(ii) all the specified works constructed and specified functions carried out under this Order in relation to such construction,

of such parts of the river Thames as might be affected by sedimentation, scouring, currents, wave action or other material change to the riverbed that might result from the construction of the relevant specified work, or the carrying out of a specified function as would, if it were to be constructed or carried out, constitute specified works, or give rise to operations, below the level of mean high water.

(2) The PLA must make available to the undertaker the results of any survey carried out under this paragraph, such results to be provided to the undertaker within 20 business days from the undertaker’s request.

(3) The PLA must not under this paragraph carry out a survey of any part of the river Thames in respect of which the undertaker has provided to the PLA survey material which the PLA is satisfied establishes the condition of the river Thames, and in the case of a survey under sub-paragraph (1)(c), the effect of the specified works and the specified functions.

(4) A survey carried out under this paragraph is the property of the PLA.

Statutory functions

108

Subject to article 53 (disapplication of legislative provisions, etc.) the exercise in, under or over the river Thames by the undertaker of any of its functions under this Order is subject to—

(a) any enactment relating to the PLA;

(b) any byelaw, direction or other requirement made by the PLA or the Harbour Master under any enactment; and

Indemnity

109

(1) The undertaker will pay to the PLA its proper and reasonable legal costs, professional fees and disbursements incurred in connection with reviewing detailed design information, construction information and any other information submitted to the PLA in respect of a specified work or a specified function.

(2) The undertaker is responsible for and must make good to the PLA all financial costs, charges, damages losses or expenses which may be incurred reasonably or suffered by the PLA by reason of—

(a) the construction or operation of a specified work or its failure;

(b) the exercise of any specified function; or

(c) any act or omission of the undertaker, its employees, contractors or agents or others whilst engaged on the construction or operation of a specified work or exercise of a specified function dealing with any failure of a specified work,

and the undertaker must indemnify the PLA from and against all claims and demands arising out of or in connection with the specified works or specified functions or any such failure, act or omission.

(3) The fact that any act or thing may have been done—

(a) by the PLA on behalf of the undertaker; or

(b) by the undertaker, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the PLA, or in a manner approved by the PLA, or under its supervision or the supervision of its duly authorised representative,

does not (if it was done or required without negligence on the part of the PLA or its duly authorised representative, employee, contractor or agent) excuse the undertaker from liability under the provisions of this paragraph.

(4) The PLA must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraphs (1) and (2) and no settlement or compromise of it is to be made without the prior consent of the undertaker.

Disposals, etc.

110

The undertaker must within 7 days after the completion of any sale, agreement or other transaction under article 8 (consent to transfer benefit of Order) in relation to which any powers, rights and obligations of the undertaker are transferred to another party, notify the PLA in writing, and the notice must include particulars of the other party to the transaction under article 8, the general nature of the transaction and details of the extent, nature and scope of the works or functions sold, transferred or otherwise dealt with.

Navigational lights, buoys, etc.

111

(1) The undertaker must, at or near a specified work or a location where a specified function is being exercised, exhibit such lights, lay down such buoys and take such other steps for preventing danger to navigation as the PLA may from time to time reasonably require.

(2) The PLA must give the undertaker not less than 20 business days’ written notice of a requirement under sub-paragraph (1) except in the case of emergency when the PLA must give such notice as is reasonably practicable.

Directions as to lights

112

The undertaker must comply with any reasonable directions issued from time to time by the Harbour Master with regard to the lighting of—

(a) a specified work; or

(b) the carrying out of a specified function or the use of apparatus for the purposes of such a function,

or the screening of such lighting, so as to ensure that it is not a hazard to navigation on the river Thames.

Removal, etc. of the PLA’s moorings and buoys

113

(1) Subject to sub-paragraph (2), if by reason of the construction of any specified work or the exercise of any specified function it is reasonably necessary for the PLA to incur the cost of—

(a) temporarily or permanently altering, removing, re-siting, repositioning or reinstating existing moorings or aids to navigation (including navigation marks or lights) owned by the PLA;

(b) laying down and removing substituted moorings or buoys; or

not being costs which it would have previously incurred for any other reason, the undertaker must pay the costs reasonably so incurred by the PLA.

(2) The PLA must give to the undertaker not less than 20 business days’ notice of its intention to incur such costs, and take into account any representations which the undertaker may make in response to the notice within 10 business days of the receipt of the notice.

Abandoned or decayed works

114

(1) If a specified work is abandoned or falls into decay, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice either to repair or restore the specified work, or any part of it, or to remove the specified work and (to such extent and within such limits as the PLA reasonably requires) restore the site of that work to its condition prior to the construction of the specified work.

(2) If any specified work is in such condition that it is, or is likely to become, a danger to or an interference with navigation in the river Thames, the PLA may by notice in writing require the undertaker to take such reasonable steps as may be specified in the notice—

(a) to repair and restore the work or part of it; or

(b) if the undertaker so elects, to remove the specified work and (to such extent as the PLA reasonably requires) to restore the site to its former condition.

(3) If on the expiration of such reasonable period as may be specified in a notice under this paragraph the work specified in the notice has not been completed to the satisfaction of the PLA, the PLA may undertake that work and any expenditure reasonably incurred by the PLA in so doing is recoverable from the undertaker.

Apparatus in the tunnel area

115

(1) Whenever the undertaker receives an application from any person who is considering placing or doing anything that might require the undertaker’s consent under article 47 (no apparatus in tunnel area without consent), the undertaker will inform the person concerned of the possible need to obtain the PLA’s licence under section 66 (licensing of works) of the 1968 Act in relation to that matter and will recommend that the person contacts the PLA in order to discuss the matter with the PLA.

(2) Within 5 business days of giving a consent under article 47 (no apparatus in the tunnel area without consent), the undertaker must notify the PLA in writing that consent has been given and in doing so must provide the PLA with the name and address of the person to whom the consent has been given and details of the apparatus or work to which the consent relates.

Disputes

116

Any dispute arising between the undertaker and the PLA under this Schedule is to be determined by arbitration as provided in article 64 (arbitration).

PART 9 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

Application and Interpretation

117

(1) The following provisions apply for the protection of the Agency unless otherwise agreed in writing between the undertaker and the Agency.

(2) In this part of this Schedule—

“Agency” means the Environment Agency;

“construction” includes execution, placing, altering, replacing, relaying and removal and excavation and “construct” and “constructed” is construed accordingly;

“drainage work” means any main river and includes any land which provides or is expected to provide flood storage capacity for any main river and any bank, wall, embankment or other structure, or any appliance, constructed or used for land drainage, flood defence or tidal monitoring;

“fishery” means any waters containing fish and fish in, or migrating to or from, such waters and the spawn, spawning ground, habitat or food of such fish;

“main river” has the same meaning given in section 113 (interpretation of Part IV)[^f00187] of the Water Resources Act 1991;

“plans” includes sections, drawings, specifications, calculations and method statements;

“remote defence” means any berm, wall or embankment that is constructed for the purposes of preventing or alleviating flooding from, or in connection with, any main river;

“sea defence” means any bank, wall, embankment (and any berm, counterwall or cross-wall connected to any such bank, wall or embankment), barrier, tidal sluice and other defence, whether natural or artificial, against the inundation of land by sea water or tidal water, including natural or artificial high ground which forms part of or makes a contribution to the efficiency of the defences of the Agency’s area against flooding, but excludes any sea defence works which are for the time being maintained by a coast protection authority under the provisions of the Coast Protection Act 1949[^f00188] or by any local authority or any navigation, harbour or conservancy authority; and

“specified work” means so much of any work or operation authorised by this Order as is in, on, under, over or within—16 metres of the base of a sea defence which is likely to—endanger the stability of, cause damage or reduce the effectiveness of that sea defence; orinterfere with the Agency’s access to or along that sea defence;8 metres of the base of a remote defence which is likely to—endanger the stability of, cause damage or reduce the effectiveness of that sea defence; orinterfere with the Agency’s access to or along that sea defence;8 metres of a drainage work or is otherwise likely to—affect any drainage work or the volumetric rate of flow of water in or flowing to or from any drainage work;affect the flow, purity or quality of water in any watercourse or other surface waters;cause obstruction to the free passage of fish or damage to any fishery;affect the conservation, distribution or use of water resources; oraffect the conservation value of the main river and habitats in its immediate vicinity;an activity that includes dredging, raising or taking of any sand, silt, ballast, clay, gravel or other materials from or off the bed or banks of a drainage work (or causing such materials to be dredged, raised or taken), including hydrodynamic dredging or desilting; andany quarrying or excavation within 16 metres of a drainage work which is likely to cause damage to or endanger the stability of the banks or structure of that drainage work.

Submission and approval of plans

118

(1) Before beginning to construct any specified work, the undertaker must submit to the Agency plans of the specified work and such further particulars available to it as the Agency may within 28 days of the receipt of the plans reasonably request.

(2) Any such specified work must not be constructed except in accordance with such plans as may be approved in writing by the Agency, or determined under paragraph 128 (disputes).

(3) Any approval of the Agency required under this paragraph—

(a) must not be unreasonably withheld or delayed;

(b) is deemed to have been refused if it is neither given nor refused within 2 months of the submission of the plans or receipt of further particulars if such particulars have been requested by the Agency for approval; and

(d) may be given subject to such reasonable requirements as the Agency may have for the protection of any drainage work or the fishery or for the protection of water resources, or for the prevention of flooding or pollution or for nature conservation or in the discharge of its environmental duties.

(4) The Agency must use its reasonable endeavours to respond to the submission of any plans before the expiration of the period mentioned in sub-paragraph (3)(b).

Construction of protective works

119

Without limiting paragraph 118 (submission and approval of plans), the requirements which the Agency may have under that paragraph include conditions requiring the undertaker, at its own expense, to construct such protective works, whether temporary or permanent, before or during the construction of the specified works (including the provision of flood banks, walls or embankments or other new works and the strengthening, repair or renewal of existing banks, walls or embankments) as are reasonably necessary—

(a) to safeguard any drainage work against damage; or

(b) to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased,

by reason of any specified work.

Timing of works and service of notices

120

(1) Subject to sub-paragraph (2), any specified work, and all protective works required by the Agency under paragraph 119 (construction of protective works), must be constructed—

(a) without unreasonable delay in accordance with the plans approved under this Schedule; and

(b) to the reasonable satisfaction of the Agency,

and the Agency is entitled by its officer to watch and inspect the construction of such works.

(2) The undertaker must give to the Agency not less than 14 days’ notice in writing of its intention to commence construction of any specified work and notice in writing of its completion not later than 7 days after the date on which it is completed.

(3) If the Agency reasonably requires, the undertaker must construct all or part of the protective works so that they are in place prior to the construction of any specified work to which the protective works relate.

Works not in accordance with this Part

121

(1) If any part of a specified work or any protective work required by the Agency is constructed otherwise than in accordance with the requirements of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this part of this Schedule or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

(2) Subject to sub-paragraph (3) and paragraph 126 (indemnity), if, within a reasonable period, being not less than 28 days beginning with the date when a notice under sub-paragraph (1) is served upon the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any reasonable expenditure incurred by the Agency in so doing is recoverable from the undertaker.

(3) In the event of any dispute as to whether sub-paragraph (1) is properly applicable to any work in respect of which notice has been served under that sub-paragraph, or as to the reasonableness of any requirement of such a notice, the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (2) until the dispute has been finally determined in accordance with paragraph 128 (disputes).

Maintenance of works

122

(1) Subject to sub-paragraph (5) the undertaker must from the commencement of the construction of the specified works maintain in good repair and condition and free from obstruction any drainage work which is situated within the limits of deviation and on land held by the undertaker for the purposes of or in connection with the specified works, whether or not the drainage work is constructed under the powers conferred by this Order or is already in existence.

(2) If any such drainage work which the undertaker is liable to maintain is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the undertaker to repair and restore the work, or any part of such work, or (if the undertaker so elects and the Agency in writing consents, such consent not to be unreasonably withheld or delayed), to remove the specified work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

(3) Subject to sub-paragraph (5) and paragraph 126, if, within a reasonable period, being not less than 28 days beginning with the date on which a notice in respect of any drainage work is served under sub-paragraph (2) on the undertaker, the undertaker has failed to begin taking steps to comply with the requirements of the notice and has not subsequently made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and any expenditure incurred by the Agency in so doing is recoverable from the undertaker.

(4) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (2), the Agency must not, except in the case of an emergency, exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 128.

(5) This paragraph does not apply to—

(a) drainage works which are vested in the Agency, or which the Agency or another person is liable to maintain and is not proscribed by the powers of the Order from doing so; and

(b) any obstruction of a drainage work authorised by this Order or in the approval of specified works plans approved under paragraph 118 (submission and approval of plans) and carried out in accordance with the provisions of this Part provided that any obstruction is removed as soon as reasonably practicable.

Remediating impaired drainage work

123

Subject to paragraph 126 (indemnity), if by reason of the construction of any specified work or of the failure of any such work, the efficiency of any drainage work for flood defence purposes is impaired, or that drainage work is otherwise damaged, such impairment or damage must be made good by the undertaker to the reasonable satisfaction of the Agency and if the undertaker fails to do so, the Agency may make good the impairment or damage and recover any expenditure incurred by the Agency in so doing from the undertaker.

Agency access

124

If by reason of construction of the specified work the Agency’s access to flood defences or equipment maintained for flood defence purposes is materially obstructed, the undertaker must provide such alternative means of access that will allow the Agency to maintain the flood defence or use the equipment no less effectively than was possible before the obstruction as soon as reasonably practicable of the undertaker becoming aware of such obstruction.

Free passage of fish

125

(1) The undertaker must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in the fishery during the construction of any specified work.

(2) If by reason of—

(a) the construction of any specified work; or

(b) the failure of any such work,

damage to the fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on the undertaker requiring it to take such steps as may be reasonably practicable to make good the damage, or, as the case may be, to protect the fishery against such damage.

(3) Subject to paragraph 126 (submission and approval of plans), if within such time as may be reasonably practicable for that purpose after the receipt of written notice from the Agency of any damage or expected damage to a fishery, the undertaker fails to take such steps as are described in sub-paragraph (2), the Agency may take those steps and any expenditure reasonably incurred by the Agency in so doing is recoverable from the undertaker.

(4) Subject to paragraph 126, in any case where immediate action by the Agency is reasonably required in order to secure that the risk of damage to the fishery is avoided or reduced, the Agency may take such steps as are reasonable for the purpose, and may recover from the undertaker any expenditure incurred in so doing provided that notice specifying those steps is served on the undertaker as soon as reasonably practicable after the Agency has taken, or commenced to take, the steps specified in the notice.

Indemnity

126

The undertaker must indemnify the Agency in respect of all costs, charges and expenses which the Agency may incur—

(a) in the examination or approval of plans under this Part of this Schedule;

(b) in the inspection of the construction of the specified works or any protective works required by the Agency under this Part of this Schedule; and

(c) in the carrying out of any surveys or tests by the Agency which are reasonably required in connection with the construction of the specified works.

127

(1) The undertaker is responsible for and must indemnify the Agency against all costs and losses not otherwise provided for in this Part of this Schedule which may be reasonably incurred or suffered by the Agency by reason of—

(a) the construction, operation or maintenance or failure during construction of any specified works comprised within the authorised development;

(b) the operation or maintenance of any specified works comprised within the authorised development or the failure of any such works; or

(c) any act or omission of the undertaker, its employees, contractors or agents or other persons acting under the direction of the undertaker whilst engaged upon—

(i) the construction, operation or maintenance of the specified works; or

(ii) in the case of those specified works that the undertaker is liable to maintain, dealing with any failure of those specified works.

(2) For the avoidance of doubt, in sub-paragraph (1)—

“costs” includes—expenses and charges;staff costs and overheads; andlegal costs; and

“losses” includes physical damage.

(3) The undertaker must indemnify the Agency against all liabilities, claims and demands arising out of or in connection with the authorised development or otherwise out of the matters referred to in sub-paragraph (1).

(4) In sub-paragraph (3)—

“claims” and “demands” include as applicable—costs (within the meaning of sub-paragraph (2)) incurred in connection with any claim or demand; andany interest element of sums claimed or demanded;

“liabilities” includes—contractual liabilities;tortious liabilities (including liabilities for negligence or nuisance); andliabilities to pay statutory penalties imposed on the basis of strict liability (but does not include liabilities to pay other statutory penalties).

(5) The Agency must give to the undertaker reasonable notice of any such claim or demand and no settlement or compromise may be made without the agreement of the undertaker, which agreement will not be unreasonably withheld or delayed.

(6) The Agency must, at all times take reasonable steps to prevent and mitigate any such claims, demands, proceedings, costs, damages, expenses or loss.

(7) The fact that any work or thing has been executed or done by the undertaker in accordance with a plan approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, does not relieve the undertaker from any liability under the provisions of this Part of this Schedule.

(8) Nothing in this paragraph imposes any liability on the undertaker with respect to any costs, charges, expenses, damages, claims, liabilities, demands or losses to the extent that they are attributable to the neglect or default of the Agency, its officers, servants, contractors or agents.

Disputes

128

Any dispute arising between the undertaker and the Agency under this Part of this Schedule must, if the parties agree, be determined by arbitration under article 64 (arbitration).

PART 10 — FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

Application

129

The provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between the undertaker and PoTLL, for the protection of PoTLL in relation to the construction of the authorised development ....

Interpretation

130

(1) Where the terms defined in article 2 (interpretation) of this Order are inconsistent with sub-paragraph (2), the latter prevail.

(2) In this Part of this Schedule—

“accumulation” means any accumulation of silt or other material (including any materials used to construct the authorised development) which constitutes an impediment to navigation within and to and from the Port;

“the affected roads” means the A1089 St Andrews Road, Ferry Road, Fort Road and the unnamed link road between Fort Road and the A1089 St Andrews Road;

“plans” includes plans, sections, elevations, drawings, specifications, programmes, proposals, construction methods and descriptions;

“the Port” means—any land (including land covered by water) for the time being owned or used by PoTLL for the purposes of its statutory undertaking, together with any quays, jetties, docks, river walls and other land or works held for or in connection with that undertaking; andthe land that was designated as a Thames Freeport Tax Site under the Designation of Freeport Tax Sites (Thames Freeport) Regulations 2021[^f00189] but only insofar as that land is included in the area shown edged and hatched in red on the map marked “Location: Port of Tilbury; Subject: Thames Freeport – Tax Site” referenced in regulation 2(1)(c) of those Regulations;

“PoTLL” means Port of Tilbury London Limited, as statutory harbour authority for and operator of the Port;

“preliminary works” and “preliminary works EMP” have the same meaning as in paragraph 1 (interpretation) of Part 1 (requirements) of Schedule 2 to this Order;

“Required Easement Width” means any area of land comprising or forming part of an exclusion or protection zone pursuant to an easement for the benefit of a statutory undertaker and proposed to be—granted or acquired by the undertaker;acquired by a person or body under article 8(1), whether listed under article 8(5) or otherwise; orgranted or acquired by a statutory undertaker pursuant to a consent granted by the undertaker under article 28(3);

“specified easement” means any easement, restrictive covenant or any other form of property right, including a Required Easement Width, for the benefit of another statutory undertaker in respect of a work authorised by this Order, burdening land within the Port and proposed to be—granted or acquired by the undertaker;acquired by a person or body under article 8(1), whether listed under article 8(5) or otherwise; orgranted or acquired by a statutory undertaker pursuant to a consent granted by the undertaker under article 28(3);

“specified function” means any function of the undertaker under—article 3 (development consent, etc. granted by the Order);article 4 (maintenance of the authorised development);article 5 (maintenance of drainage works);article 10 (construction and maintenance of new, altered or diverted streets and other structures);article 11 (access to works);article 12 (temporary closure, alteration, diversion and restriction of use of streets);article 13 (use of private roads);article 14 (permanent stopping up of streets and private means of access);article 17 (traffic regulation – local roads);article 18 (powers in relation to relevant navigations or watercourses);article 19 (discharge of water);article 20 (protective work to land and buildings);article 21 (authority to survey and investigate the land); andarticle 23 (felling or lopping of trees and removal of hedgerows),

of this Order where exercised in respect of the land situated on, over, across or under the Port;

“specified work” means so much of the works and other matters listed at paragraphs (a) to (d) as are situated on, over, across or under the Port—the following Work Nos. together with any preliminary works, associated development or ancillary works proposed to be carried out for the purposes of or in connection with their construction—Work No. CA5;Work No. CA5A;Work No. MUT4;Work No. MUT5;Work No. MUT7;Work No. MUT8;Work No. MUT9;Work No. MU27;Work No. MU28;Work No. MU29;Work No. OH3; andWork No. OH4;any activities associated with the undertaker complying with article 37(5) or any provision in Schedule 14 requiring the removal of apparatus;any work, activity or operation associated with the authorised development authorised by the Town and Country Planning (General Permitted Development) (England) Order 2015[^f00190] or under any planning permission given under the Town and Country Planning Act 1990[^f00191]; andany part of the authorised development that is expected to require the inclusion of any land within the Port within the extent of a Required Easement Width; ......

“Tilbury2” means that part of the Port constructed pursuant to the Port of Tilbury (Expansion) Order 2019[^f00192]; and

“vehicular access” includes but is not limited to access by road, rail, vessel and conveyor and any reference to “access” is to be construed as including vehicular access unless otherwise stated.

Approval of plans

131

(1) The undertaker must, before the exercise, or carrying out of any specified function or specified work, supply to PoTLL proper and sufficient plans of that work or function for the approval of PoTLL, acting reasonably, and the specified function must not be exercised or the specified work must not begin except in accordance with such plans as have been approved in writing by PoTLL or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(2) Before approving plans provided under sub-paragraph (1), PoTLL may require the undertaker to supply it with such further information as PoTLL considers (acting reasonably) to be necessary to determine whether to grant approval but such a request must be made within 28 days of the date on which plans have been supplied to PoTLL under sub-paragraph (1).

(3) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable conditions as PoTLL may make for the protection of the Port (outside of the land which is the subject of the plan submitted under sub-paragraph (1)), navigation and current and permitted future vehicular access to it, and its ability to carry out dredging to facilitate vessel access to the Port and to facilitate the effective and cost-efficient future development of the Port provided that such conditions must not, if implemented, give rise to a breach of this Order.

(4) When imposing conditions on any approval given under sub-paragraph (1), PoTLL may specify any reasonably necessary protective works (whether temporary or permanent) that must be carried out before the carrying out of a specified work to minimise, to the extent reasonably practicable, the impact on PoTLL’s undertaking, and such protective works as may be reasonably necessary for those purposes must be constructed either by PoTLL at the expense of the undertaker, such costs to be agreed by the undertaker prior to construction, or by the undertaker at its own expense, in either case to be undertaken to a programme agreed between the undertaker and PoTLL, both parties acting reasonably.

(5) The undertaker must carry out any specified function or specified work and any protective works required under sub-paragraph (4) in accordance with the plans approved under sub-paragraph (1) or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(6) PoTLL is entitled at all reasonable times, on giving such notice as may be reasonable in the circumstances, to inspect and survey the specified works and the protective works and the undertaker must provide all reasonable facilities to enable that inspection and survey to take place and, if the person duly appointed by PoTLL is of the opinion, acting reasonably, that the construction of the work poses danger to any property of the Port or persons within the Port, the undertaker must adopt such measures and precautions as may be reasonably practicable for the purpose of preventing any damage or injury.

(7) If, by the end of the period of 28 days beginning with the date on which plans (or any subsequent information reasonably requested in accordance with sub-paragraph (2)) have been supplied to PoTLL under sub-paragraph (1), PoTLL has not approved or intimated disapproval of those plans and the grounds of disapproval, PoTLL is deemed to have approved the plans as submitted.

(8) Where an approval is provided under this paragraph, the undertaker will be deemed to have a reasonable excuse for the purposes of paragraph 4(4) of Schedule 7 to the Port of Tilbury (Expansion) Order 2019[^f00193], and no proceedings will be brought by PoTLL in pursuance of those byelaws, when the undertaker carries out the specified work or protective work or specified function in accordance with an approval.

Approval of specified easements

132

(1) Before granting, imposing or acquiring any specified easement, transferring or granting the benefit of the Order pursuant to article 8(1) (consent to transfer benefit of Order) or issuing a consent under article 28(3) (compulsory acquisition of rights and imposition of restrictive covenants) in respect of any specified easement, the undertaker must supply to PoTLL details of the proposed terms of that specified easement for the approval of PoTLL, acting reasonably, and the specified easement must not be acquired, imposed or granted except in accordance with the proposed terms as have been approved in writing by PoTLL or settled pursuant to paragraph 150 (disputes) of this Part of this Schedule.

(2) The approval of PoTLL under sub-paragraph (1) must not be unreasonably withheld but may be given subject to such reasonable conditions as PoTLL may make for the protection of the Port and current and planned permitted vehicular access to it, and its ability to carry out dredging to facilitate vessel access to the Port and to facilitate the effective and cost-efficient operation and future development of the Port provided that such conditions must not, if implemented, give rise to a breach of this Order.

(3) In considering whether to grant its approval of the proposed terms of a specified easement submitted to it under sub-paragraph (1), PoTLL must have reasonable regard to—

(a) the reasonable requirements of the statutory undertaker for whose benefit the specified easement is proposed to be granted or acquired, including any relevant provisions of this Order;

(b) the intended purpose of the specified easement; and

(c) the desirability of the effective and efficient implementation of the authorised work or works to which the specified easement relates.

(4) When acquiring, imposing or granting the specified easement, transferring or granting the benefit of the Order pursuant to article 8(1) or issuing a consent under article 28(3) in respect of any specified easement, the undertaker must do so in accordance with the proposed terms approved under sub-paragraph (1) or settled pursuant to paragraph 150 of this Part of this Schedule.

(5) If, by the end of the period of 28 days beginning with the date on which the proposed terms of any specified easement have been supplied to PoTLL under sub-paragraph (1), PoTLL has not approved or intimated disapproval of those terms and the grounds of disapproval, PoTLL is deemed to have approved the proposed terms as submitted.

(6) Except for the retained provisions, the provisions of this Order do not apply to, and the powers conferred by this Order are not exercisable by the undertaker or any other person in respect of, the area 1 land.

(7) Other than as may be approved by PoTLL pursuant to the provisions of this Part of this Schedule, the undertaker must not exercise or permit the exercise of the powers conferred by this Order so as to limit PoTLL’s use, enjoyment and ability to develop, let or permit occupation of the area 1 land.

(8) The provisions of article 66 (power to override easements and other rights) of this Order do not apply to override any agreement entered into between the undertaker and PoTLL where, and to the extent that, such an agreement contains an express provision intended to exclude it from the scope of article 66.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this paragraph—

“the area 1 land” means the land comprised in plots 16-65, 16- 66, 17-08, 17-09, 21-32 and 21-34 as shown on the land plans and listed in the book of reference; and

“retained provisions” means sub-paragraphs (6) to (8) of this paragraph and paragraphs 149 (indemnity) and 150 of this Part of this Schedule.

Restoration of Port land

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation

134

(1) PoTLL must be consulted by the undertaker on the development of the following plans required by Part 1 (requirements) of Schedule 2 and details in respect of any matters or measures within them that may affect the Port or the carrying out of a specified work or a specified function, before they are submitted to the Secretary of State for approval—

(a) an EMP (Second Iteration) under paragraph 4 (construction and handover environmental management plans);

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) a written scheme and programme under paragraph 6(2) (contaminated land and groundwater);

(e) a travel plan under paragraph 11 (construction travel plans); and

(f) fencing under paragraph 12 (fencing).

(2) Within the Port—

(a) the definition of “carrying out” in paragraph 6(1) of Part 1 of Schedule 2 is to be construed as applying to the preliminary works; and

(b) measures GS016, GS017, GS018, GS019, GS022, GS025, GS026, GS027 and GS028 of table 7.1 of the Code of Construction Practice apply to the carrying out of the preliminary works.

(3) PoTLL must be consulted by the undertaker on the development of the following plans, required by the environmental management plan for the preliminary works EMP, in respect of any matters or measures within them that may affect the Port or the carrying out of a specified work or specified function, before they are approved by the undertaker—

(a) a Security Management Plan;

(b) an Emergency Preparedness Plan; and

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this paragraph—

(a) “preliminary works EMP” has the meaning given by paragraph 2(1) (interpretation) of Part 1 of Schedule 2; and

(b) References to “paragraphs” are references to paragraphs in Part 1 of Schedule2.

Notification of works to utilities and services affecting the Port

135

(1) Except in an emergency, prior to the carrying out of any works to any utilities or services within the infrastructure corridor, the undertaker will notify PoTLL of the intended works and the programme for the implementation of such works at least 28 days prior to the carrying out of the proposed works.

(2) In this paragraph, “the infrastructure corridor” means the purpose-built highway to access Tilbury2 between the A1089 and Substation Road.

Construction traffic management protocol within the Port

136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Streets

137

(1) Before exercising the relevant streets powers in respect of any affected roads the undertaker must consult PoTLL on its proposed exercise of those powers and have regard to any consultation response provided by PoTLL.

(2) Consultation under this paragraph will be effected by the undertaker sending to PoTLL the documents reasonably required to describe its proposed exercise of the relevant streets powers and, where required by the provisions of the relevant streets powers to consult or seek the consent of a street authority or traffic authority, a copy of the consultation documents or application seeking that consent, at the time those documents are submitted to the relevant street authority or traffic authority as the case may be.

(3) The undertaker must send to PoTLL a copy of any response received by the undertaker from the relevant street authority or traffic authority in response to any such consultation or submission for consent under the relevant streets powers within 7 days of the receipt by the undertaker of any such response.

(4) In this paragraph “the relevant streets powers” means the powers conferred by article 12 (temporary closure, alteration, diversion and restriction of use of streets), article 16 (clearways, speed limits and prohibitions) and article 17 (traffic regulation – local roads).

Minimising disruption to affected roads and streets within the Port

138

In exercising the powers conferred by this Order in relation to the affected roads or any street within the Port, the undertaker must have regard to the potential disruption, delay or congestion of traffic which may be caused to the affected roads or streets within the Port and seek to minimise such disruption, delay or congestion so far as is reasonably practicable.

Obstruction within the Port

139

(1) Where any event or accident on or affecting any road, street or highway within the Port or on or affecting the river Thames, prevents or obstructs pedestrian or vehicular access into, out of or within the Port, such event or accident being caused by or attributable to the undertaker, its agents, employees or contractors, or which requires the removal of any item, vessel or vehicle which is preventing or obstructing access and which is owned by, contracted to or otherwise being used on behalf of the undertaker, the undertaker must use best endeavours to reinstate access or remove the obstruction without delay.

(2) PoTLL may, where an obstruction has occurred and has not been removed by the undertaker within 14 days of the undertaker becoming aware of the obstruction, or upon the undertaker being given notice by PoTLL that it is expedient for PoTLL to do so, remove the obstruction and recover the cost of that removal and repair from the undertaker.

Land powers

140

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

As-built plans

141

As soon as reasonably practicable following the completion of the construction of any specified works within the Port or any protective works, the undertaker must provide to PoTLL as-built plans of those works in a form and scale to be agreed between the undertaker and PoTLL.

Accumulation and erosion

142

(1) If during the construction of a specified work or protective work or in the carrying out of a specified function or after the completion of that work or function, there is caused or created an accumulation or erosion wholly or partly in direct consequence of its construction, the undertaker, if requested by PoTLL, acting reasonably, must remedy the accumulation or erosion to the extent attributable to the construction of the specified work or protective work and, if it refuses or fails to do so as soon as reasonably practicable, PoTLL may itself cause the work to be done and may recover the reasonable cost of doing so from the undertaker.

(2) For the purposes of sub-paragraph (1)—

(a) in the case of an accumulation, the remedy must be its removal; and

(b) in the case of erosion, the remedy must be the carrying out of such reconstruction works and other protective works or measures as PoTLL reasonably requires.

(3) In this paragraph, “erosion” means any fluvial, mechanical or other erosion, collapse, disturbance or destruction of the bed or banks of the river Thames or any quay or jetty or other structure of whatever nature within the Port.

Permitting

143

(1) The undertaker must consult PoTLL before—

(a) applying for a new permit, a variation of an existing permit or a surrender of an existing permit under the Environmental Permitting (England and Wales) Regulations 2016[^f00194];

(b) applying to surrender an existing permit under article 68 (interface with waste operation permits); or

which applies or will apply to activities in the Port, and must have regard to PoTLL’s comments in finalising those applications or submissions.

(2) Within the Port, the meaning of “authorised activity” in article 68 is to be construed as including the carrying out of any preliminary works.

Port closure in emergency

144

(1) Subject to sub-paragraph (2), PoTLL may at any time close the Port and exclude access by the undertaker, including access under any power granted by this Order, under any access right and as provided for in any agreement between the undertaker and PoTLL, where PoTLL reasonably considers that it is necessary to do so in response to a request from an emergency service or government agency, any emergency or accident, or an imminent threat to the health or safety of persons.

(2) PoTLL must inform the undertaker of any closure of the Port as soon as reasonably practicable, including details of the location and extent of the closure and where known, the anticipated duration of the closure.

(3) The undertaker must not at any time prevent or unreasonably impede access by emergency services vehicles to the Port.

Interaction with the Tilbury2 Order

145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Safeguarding of access to the Port by rail

146

The undertaker must not exercise any power under the Order in such a manner as to cause any vehicular access for the purposes of the authorised development to have priority over railway traffic at the level crossing in the Port.

Disposals, etc.

147

The undertaker must within 7 days after the completion of any sale, agreement or other transaction under article 8 (consent to transfer benefit of Order) in relation to which any powers, rights and obligations of the undertaker are transferred to another party insofar as these would affect the Port or the operation of this Part of this Schedule, notify PoTLL in writing, and the notice must include particulars of the other party to the transaction under article 8, the general nature of the transaction and details of the extent, nature and scope of the works or functions sold, transferred or otherwise dealt with.

Costs

148

The undertaker must pay to PoTLL its proper and reasonable legal costs, professional fees and disbursements incurred in connection with—

(a) reviewing any information provided by the undertaker in seeking any consent or approval required by this Part of this Schedule; or

(b) inspecting during construction or on practical completion of any specified work or protective work.

Indemnity

149

(1) The undertaker agrees to indemnify and keep PoTLL, including any associated company (as defined in article 8(7) (consent to transfer benefit of Order)), indemnified at all times for all losses, costs, charges, damages, expenses, claims and demands which may be incurred reasonably or suffered by PoTLL, by reason or arising from or relating to—

(a) the construction or failure of a specified work or protective work;

(b) the carrying out of a specified function;

(c) the undertaking by PoTLL of works or measures to prevent or remedy a danger or impediment to navigation or access within or to and from the Port;

(d) the alteration to aids to navigation within the Port that are owned by PoTLL or the laying down of moorings or buoys within the Port as may be necessary in consequence of a specified work;

(e) damage to the Port arising from paragraphs (a) to (d), including but not limited to—

(i) damage to any, street, plant, apparatus, chattels, fixtures, equipment or building belonging to PoTLL that is caused by the construction or failure of a specified work or protective work;

(ii) any act or omission of the undertaker or its servants and agents while engaged in the construction of a specified work or protective work; and

(iii) any remedial works necessary as the result of contamination being disturbed in, or migrating to, the Port or where such contamination means that the land affected by contamination cannot be used as part of the Port.

(2) The liability imposed by sub-paragraph (1) includes where this is attributable to the act, neglect or default of the undertaker’s officers, servants, contractors, employees, agents and sub-contractors.

(3) The fact that any act or thing may have been done by PoTLL on behalf of the undertaker or in accordance with a plan approved by PoTLL or in accordance with any requirement of PoTLL or under its supervision or to its satisfaction or in accordance with any directions or award of any arbitrator does not, subject to sub-paragraph (4), excuse the undertaker from liability under the provisions of sub-paragraph (1).

(4) Nothing in sub-paragraph (1) imposes any liability on the undertaker with respect to any damage to the extent that it is attributable to the act, neglect or default of PoTLL, its officers, servants, contractors or agents.

(5) PoTLL must give the undertaker reasonable notice of any such claim or demand as is referred to in sub-paragraph (1), and no settlement or compromise of any such claim or demand must be made without the prior written consent of the undertaker, such consent not to be unreasonably delayed or refused.

Disputes

150

(1) Subject to sub-paragraph (2), any difference arising between the undertaker and PoTLL under this Part must be determined by arbitration as provided in article 64 (arbitration).

(2) In the event of any difference arising between the undertaker and PoTLL under this Part, senior representatives of each party must seek to resolve the dispute through a meeting between the parties promptly and in any event within 10 business days of the dispute arising, and if either party is not reasonably satisfied following that meeting it may, within 20 business days of the meeting, notify the other party accordingly and refer the matter to arbitration.

PART 11 — FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Application

151

The provisions of this Part of this Schedule have effect in relation to the works unless otherwise agreed in writing between the undertaker and the relevant local highway authority.

Definitions

152

In this Part of this Schedule—

“detailed design” means drawings and other information comprising the detailed design for local roads comprised in the authorised development for the purposes of paragraph 3 of Part 1 of Schedule 2 to this Order;

“detailed information” means drawings, specifications and other information relating to the local highway, as relevant to the works in question, to comprise the following (insofar as both parties agree (acting reasonably) are relevant and not already provided for in any document that the undertaker is required to produce under Schedule 2 to this Order) which must be in accordance with the detailed design—boundary, environmental and mitigation fencing;road restraint systems (vehicle and pedestrian);drainage and ducting;earthworks;road pavements;kerbs, footways and paved areas;long and cross sectional drawings;traffic signs and road markings;electrical work for road lighting and traffic signs;highway structures;landscaping, planting and any boundary features which will form part of the local highway;new utilities and utility diversions insofar as in the existing or proposed local highway;a schedule of timings for the works, including dates and durations for any closures of any part of the local highway;traffic management proposals including any diversionary routes;a schedule of the existing local highway condition prior to commencement of construction related activities;a specification of the condition in which it is proposed that the local highway will be returned once the relevant works have been completed;any temporary works structures which are to be erected or retained under the Order or otherwise;

“DMRB” means the Design Manual for Roads and Bridges published by the undertaker. or any replacement or modification of that standard for the time being in force;

“final certificate” means the final certificate issued by the relevant local highway authority under paragraph 161 (final certificate) of this Part of this Schedule;

“local highway” means any public highway including any public right of way which is maintainable, or is intended at the completion of the works in relation thereto to be maintainable by a relevant local highway authority;

“maintenance period” means the period of 12 months beginning with the date of the provisional certificate being served under paragraph 159 (provisional certificate) of this Part of this Schedule unless otherwise agreed in writing between the parties;

“the parties” means the undertaker and the relevant local highway authority;

“provisional certificate” means the certificate served under paragraph 159 of this Part; and

“works” means any works authorised by the Order undertaken on, to or under any part of the local highway.

Design input and commencement

153

(1) The undertaker must allow and facilitate an appropriately qualified person or persons duly appointed by the relevant local highway authority (each being a “nominated officer”) to participate in the design process for the detailed design for the works and must have reasonable regard to any representations of the nominated officer in finalising its detailed design proposal.

(2) Participation under sub-paragraph (1) will be in the form of invitations (given at least 10 business days in advance and sent by email) to attend design meetings relating to relevant works and the provision to the nominated officer of such drawings, cross/long sections, design proposals and other information as is reasonably required to allow the nominated officer to provide an informed response on the detailed design proposals to the undertaker.

(3) The nominated officer will have no fewer than 10 business days from the date on which the undertaker supplies information pursuant to sub-paragraph (2) to provide the undertaker with any comments upon any information provided to that officer pursuant to sub-paragraph (2).

(4) No part of the works may commence until the undertaker has provided to the relevant local highway authority the detailed information relating to that part of the works (without prejudice to the undertaker providing parts of the detailed information insofar as it relates to the operation of the local highway at a later date provided the provision of that information is subject to this sub-paragraph and sub-paragraphs (5) to (7)).

(5) The undertaker will give the relevant local highway authority at least 10 business days to comment and provide representations by email on the detailed information provided to it under sub-paragraph (4).

(6) The undertaker must have reasonable regard to any comments, representations and recommendations made by the relevant local highway authority under sub-paragraph (5) and will provide the relevant local highway authority with reasons for non-acceptance of any representation or recommendation as soon as reasonably practicable upon receipt of a request from the relevant local highway authority in writing within 10 business days of its decision.

(7) The works must not be carried out except in accordance with the detailed information (but subject to the process in sub-paragraphs (4) and (5) or as otherwise may be agreed between the undertaker and the relevant local highway authority.

(8) This paragraph does not apply to the works to the extent the undertaker and the local highway authority agree (acting reasonably) that a permit issued under a permit scheme applies to the works.

(9) This paragraph does not apply to the works to the extent they are subject to clause PRO.07 of the design principles, and to the extent they are not subject to that clause of the design principles, without limitation, the undertaker is able to refuse implementation of any representation or recommendation made under this paragraph where it would cause an inconsistency with the outcome of process secured under that clause of the design principles.

(10) For the avoidance of doubt and without limitation, the undertaker may refuse to implement any comment or representation made under sub-paragraphs (1) or (5) which would cause a breach of this Order, conflict with a permit issued under a permit scheme or would entail materially new or materially different environmental effects from those reported in the environmental statement).

154

(1) Before commencing the construction of, or the carrying out of any work authorised by this Order which involves works to a local highway the undertaker must use reasonable endeavours to agree with the relevant local highway authority a local operating agreement covering the following as relevant to the works in question—

(a) communications and customer care arrangements for communication with stakeholders and the local community including—

(i) the identity of the party responsible for each activity;

(ii) the identity of the contractor responsible for stakeholder engagement and communication; and

(iii) defined timescales for contractor responses to responses to communications;

(b) where the undertaker takes responsibility for the local highway in which the works are proposed, definition of the extents for the works areas between the highway boundary, the traffic management lead in tapers, the longitudinal coning and the end of the lead out tapers, zone of influence (being the area which is reasonably affected by those work areas), traffic management and diversion requirements and free recovery areas (as appropriate);

(c) arrangements for the submission to the relevant local highway authority of digital copies of all as-built drawings for the relevant work area including identification of any new limits of highway maintainable by the relevant local highway authority in accordance with paragraph 161 (final certificate) of this Schedule;

(d) winter maintenance including anticipated winter treatments and severe weather arrangements to apply during the construction period and the maintenance period;

(e) repair arrangements in relation to local highways directly affected by the construction of the authorised development;

(f) continuity of technology arrangements to apply during the construction period and the maintenance period;

(g) arrangements for dealing with and recording incidents during the construction period and the maintenance period including appropriate provision of recovery vehicles; and

(h) traffic management during relevant works.

(2) Any agreement completed under sub-paragraph (1) must be complied with by the undertaker and continue in force until such time as a final certificate has been issued in respect of the relevant works.

Survey reinstatement

155

The undertaker must reinstate to the reasonable satisfaction of the relevant local highway authority any part of the local highway which has been temporarily used for survey or investigation by the undertaker pursuant to article 20 (protective work to land and buildings), article 35 (temporary use of land for carrying out the authorised development) of this Order or any other power in this Order, to the condition it was in on the date on which the survey or investigation began or such other condition as may be agreed in writing by the relevant local highway authority.

Inspections and testing of materials

156

(1) The undertaker must allow and facilitate any person duly appointed by the relevant local highway authority to access and inspect at all reasonable times any part of the works during their construction and before a final certificate has been issued in respect of the relevant works as is reasonably necessary to ensure that the works have been or are being carried out in accordance with the detailed design and to the appropriate standard.

(2) The undertaker must allow any person duly appointed by the relevant local highway authority to enter upon and inspect any part of the works which are in, over, under, or adjacent to any local highway or may affect any highway or any property of the relevant local highway authority, during the carrying out of the works, and the undertaker must give to such officer reasonable facilities for such inspection.

(3) Any testing reasonably requested by the relevant local highway authority of materials used in any works must be carried out at the undertaker’s expense and in accordance with the latest version of the Manual of Contract Documents for Highway Works (or any other testing specification agreed by the undertaker and the relevant local highway authority acting reasonably).

(4) The relevant local highway authority (or its agent) may test all or any materials used or proposed to be used in any works and the undertaker must provide such information access and materials as is reasonably necessary to facilitate such testing.

(5) The undertaker must, as soon as is reasonably practicable and in any event within 10 business days, provide the relevant local highway authority with a copy of all available test certificates and results relevant to the works that the relevant local highway authority has requested in writing.

(6) The relevant local highway authority must, as soon as is reasonably practicable and in any event within 10 business days, provide the undertaker with a copy of all available test results and certificates relevant to the works that the undertaker has requested in writing.

(7) In circumstances where a work carried out by the undertaker is tested by the relevant local highway authority pursuant to the provisions of this Part of this Schedule and that test resulted in works being undone at the undertaker’s expense (acting reasonably) and found to be satisfactory, then that expense must forthwith be reimbursed by the relevant local highway authority provided that the relevant local highway authority was given a reasonable opportunity by the undertaker to inspect the works at a time when the works could have been inspected without the need to incur the expense.

Road Safety Audits

157

(1) The undertaker must procure that an appropriately qualified RSA team (as defined in DMRB Volume 5 Section 2 Part 2 (GG 119) or any replacement or modification of that standard) undertakes road safety audit in accordance with DMRB standard GG 119 and must provide copies of the reports of such audits to the relevant local highway authority within 10 business days of their receipt by the undertaker.

(2) The relevant local highway authority must be invited to participate in the road safety audit conducted under sub-paragraph (1).

(3) Where the report of the stage 3 and 4 road safety audit identifies any recommended measures in respect of the local highway, the undertaker must carry out, at its own expense and to the reasonable satisfaction of the relevant local highway authority, those measures identified as part of stage 3 and 4 audit which the undertaker considers necessary (acting reasonably) and which do not give rise to any new or materially different environmental effects in comparison with those identified in the environmental statement.

Defects in local highways constructed by the undertaker

158

(1) Until such time as a final certificate has been issued in respect of any works, the undertaker must make good any defects in the works constructed by the undertaker to the reasonable satisfaction of the relevant local highway authority.

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The A122 (Lower Thames Crossing) Development Consent Order 2025

Approval of detailed design (excluding the tunnelling works)

98

Design of, and coordination of, tunnelling works to ensure existing and future use of river Thames

99

Construction of tunnelling works

100

As built drawings

101

Discharges etc.

102

Removal of temporary works

103

Protective action

104

Facilities for navigation

105

Use of land above the riverbed of the river Thames

106

Survey of the river Thames riverbed

107

Statutory functions

108

Indemnity

109

Disposals, etc.

110

Navigational lights, buoys, etc.

111

Directions as to lights

112

Removal, etc. of the PLA’s moorings and buoys

113

Abandoned or decayed works

114

Apparatus in the tunnel area

115

Disputes

116

PART 9 — FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

Application and Interpretation

117

Submission and approval of plans

118

Construction of protective works

119

Timing of works and service of notices

120

Works not in accordance with this Part

121

Maintenance of works

122

Remediating impaired drainage work

123

Agency access

124

Free passage of fish

125

Indemnity

126

127

Disputes

128

PART 10 — FOR THE PROTECTION OF PORT OF TILBURY LONDON LIMITED

Application

129

Interpretation

130

Approval of plans

131

Approval of specified easements

132

Restoration of Port land

133

Consultation

134

Notification of works to utilities and services affecting the Port

135

Construction traffic management protocol within the Port

136