The Silvertown Tunnel Order 2018

Statutory Instruments

2018 No. 574

Infrastructure Planning

The Silvertown Tunnel Order 2018

Made

10th May 2018

Coming into force

31st May 2018

An application has been made to the Secretary of State, under section 37 of the Planning Act 2008 M1 (“the 2008 Act”) in accordance with the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M2 for an Order granting development consent.

The application was examined by a Panel of three members (“the Panel”) pursuant to Chapter 2 of Part 6 of the 2008 Act and carried out in accordance with Chapter 4 of Part 6 of the 2008 Act, and the Infrastructure Planning (Examination Procedure) Rules 2010 M3 .

The Panel, having examined the application with the documents that accompanied the application, and the representations made and not withdrawn, has, in accordance with section 74(2) of the 2008 Act, made a report and recommendation to the Secretary of State.

The Secretary of State, having considered the representations made and not withdrawn, and the report of the Panel, has decided to make an Order granting development consent for the development described in the application with modifications which in the opinion of the Secretary of State do not make any substantial changes to the proposals comprised in the application.

In accordance with section 132(3) of the 2008 Act, the Secretary of State is satisfied, having considered the report and recommendation of the Panel, that the parcels of open space comprised within the Order land, when burdened with a new right created under this Order, will be no less advantageous than they were before the making of this Order to the following persons: (a) the persons in whom they are vested; (b) other persons, if any, entitled to rights of common or other rights; and (c) the public.

The Secretary of State, in exercise of the powers conferred by sections 114, 115, 120, 122, 123 and 149A of, and paragraphs 1 to 3, 10 to 18, 20 to 24, 26, 30A, 30B, 32A, 32B, 33, 36 and 37 of Part 1 of Schedule 5 to, the 2008 Act, makes the following Order—

Marginal Citations

M1 2008 c. 29. Parts 1 to 7 were amended by Chapter 6 of Part 6 of the Localism Act 2011 (c. 20).

M2 S.I. 2009/2264, amended by S.I. 2010/439, S.I. 2010/602, S.I. 2012/635, S.I. 2012/2654, S.I. 2012/2732, S.I. 2013/522 and S.I. 2013/755.

M3 S.I. 2010/103, amended by S.I. 2012/635.

PART 1 E+W+S PRELIMINARY

Citation and commencement E+W+S

1.—(1) This Order may be cited as the Silvertown Tunnel Order 2018.

(2) Subject to article 39 (application of Part 4), this Order comes into force on 31st May 2018.

Interpretation E+W+S

2.—(1) In this Order, unless otherwise stated—

“the 1961 Act” means the Land Compensation Act 1961 M4 ;

“the 1965 Act” means the Compulsory Purchase Act 1965 M5 ;

“the 1968 Act” means the Port of London Act 1968 M6 ;

“the 1980 Act” means the Highways Act 1980 M7 ;

“the 1981 Act” means the Compulsory Purchase (Vesting Declarations) Act 1981 M8 ;

“the 1984 Act” means the Road Traffic Regulation Act 1984 M9 ;

“the 1990 Act” means the Town and Country Planning Act 1990 M10 ;

“the 1991 Act” means the New Roads and Street Works Act 1991 M11 ;

“the 1999 Act” means the Greater London Authority Act 1999 M12 ;

“the 2004 Act” means the Traffic Management Act 2004 M13 ;

“the 2008 Act” means the Planning Act 2008 M14 ;

“the 2009 Act” means the Marine and Coastal Access Act 2009 M15 ;

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

“apparatus” has the same meaning as in Part 3 of the 1991 Act;

“the authorised development” means the development described in Schedule 1 (authorised development);

“authorised person” means—

(a)

a person acting in the course of that person's duties who—

(i)

is an employee, agent, contractor or sub-contractor of TfL; or

(ii)

is authorised by TfL to exercise one or more of its functions under this Order; or

(b)

a constable, Police Community Support Officer, an officer of the Driver and Vehicle Standards Agency, an officer of the Health and Safety Executive, person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire and Rescue Services Act 2004 M16 or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002 M17 , acting in the execution of that person's duties within the tunnels;

“the Blackwall Tunnel” means the existing twin bore road tunnel under the river Thames between Blackwall and the Greenwich Peninsula and forming part of the A102 road, which is a GLA road, as shown by solid green lines on the tunnels location and operational boundaries plans;

“the Blackwall Tunnel approaches” means the northern and southern approaches to the Blackwall Tunnel, the linear extent of which is shown by dashed green lines on the tunnels location and operational boundaries plans;

“the Blackwall Tunnel area” means the extent of the public highway comprised in and along the Blackwall Tunnel and the Blackwall Tunnel approaches;

“the book of reference” means the document of that description set out in Schedule 14 (documents to be certified) certified by the Secretary of State as the book of reference for the purposes of this Order;

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

“business day” means a day other than a Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971 M18 ;

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

“the charging policy” means the document described as the charging policies and procedures set out in Schedule 14 certified by the Secretary of State as the charging policies and procedures for the purposes of this Order, or any revision of that document approved by the Mayor of London under article 53 (the charging policy);

“the classification of roads (classification) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the classification of roads (classification) plans for the purposes of this Order;

“the classification of roads (designation) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the classification of roads (designation) plans for the purposes of this Order;

“commence” means beginning to carry out any material operation (as defined in section 56(4) M19 of the 1990 Act) forming part of the authorised development other than operations consisting of environmental surveys and monitoring, investigations for the purpose of assessing ground conditions, receipt and erection of construction plant and equipment, erection of any temporary means of enclosure, the temporary display of site notices or advertisements, and “commencement” is to be construed accordingly;

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

“cycle track” has the same meaning as in section 329(1) (further provisions as to interpretation) of the 1980 Act M20 ;

“dangerous goods” means a substance or article of which the international carriage by road is prohibited, or authorised on certain conditions, by Annex A of the European Agreement Concerning the International Carriage of Dangerous Goods by Road as from time to time amended;

“electronic transmission” means a communication transmitted—

(a)

by means of an electronic communications network; or

(b)

by other means but while in electronic form;

“the engineering section drawings and plans” means the documents of that description set out in Schedule 14 certified by the Secretary of State as the engineering section drawings and plans for the purposes of this Order;

“the environmental statement” means the documents of that description set out in Schedule 14 certified by the Secretary of State as the environmental statement for the purposes of this Order;

“flood risk activity” has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 M21 ;

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

“the general arrangement plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the general arrangement plans for the purposes of this Order;

“the GLA” means the Greater London Authority;

“GLA Road” has the same meaning as in the 1980 Act M22 ;

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

“Highways England” means Highways England Company Limited (Company No. 9346363);

“the land plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the land plans for the purposes of this Order;

“the limits of deviation” means the limits of deviation referred to in article 5 (limits of deviation);

“maintain” includes inspect, repair, adjust, alter, remove or reconstruct, 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;

“Mayoral development corporation” means a corporation established under section 198 of the Localism Act 2011 M23 ;

“the MMO” means the Marine Management Organisation;

“the monitoring and mitigation strategy” means the document of that description set out in Schedule 14 certified by the Secretary of State as the monitoring and mitigation strategy for the purposes of this Order and which in particular contains commitments in respect of—

(a)

traffic monitoring;

(b)

air quality monitoring;

(c)

noise monitoring;

(d)

socio-economic monitoring; and

(e)

the implementation of mitigation;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads and a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

“the Order land” means the land shown coloured pink and the land shown coloured blue on the land plans and described in the book of reference;

“the Order limits” means the Order limits shown on the works plans;

“owner”, in relation to land, has the same meaning as in section 7 (interpretation) of the Acquisition of Land Act 1981 M24 ;

“the PLA” means the Port of London Authority;

“the relevant planning authority” means the local planning authority for the land in question, being the Council of the Royal Borough of Greenwich or the Council of the London Borough of Newham, as the case may be, or any successor to either of those councils as planning authority;

“registered keeper” means the person in whose name a vehicle is registered under the Vehicle Excise and Registration Act 1994 M25 ;

“the rights of way and access plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the rights of way and access plans for the purposes of this Order;

“the Silvertown Tunnel” means the twin bore road tunnel to be constructed as Work No. 1, and as shown by solid blue lines on the tunnels location and operational boundaries plans;

“the Silvertown Tunnel approaches” means the northern and southern approaches to the Silvertown Tunnel, the linear extent of which is shown by dashed blue lines on the tunnels location and operational boundaries plans;

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

“the special category land plan” means the plan of that description set out in Schedule 14 certified by the Secretary of State as the special category land plan for the purposes of this Order;

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

“STIG” means the Silvertown Tunnel Implementation Group, the consultative body established by article 66 (Silvertown Tunnel Implementation Group);

“street” means a street within the meaning of section 48 M26 (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 Part 3 of the 1991 Act;

“TfL” means Transport for London, the body corporate established under section 154 of the 1999 Act, of Windsor House, 42 Victoria Street, London, SW1H 0TL;

“traffic authority” has the same meaning as in section 121A M27 of the 1984 Act;

“the traffic regulation measures (speed limits and restricted roads) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the traffic regulation measures (speed limits and restricted roads) plans for the purposes of this Order;

“the traffic regulation measures (clearways and prohibitions) plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the traffic regulation measures (clearways and prohibitions) plans for the purposes of this Order;

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

“tunnel services building” means a building constructed for the purpose of housing any plant and equipment, office, control centre or welfare facilities associated with the operation of the Silvertown Tunnel;

“the tunnels areas” means the Blackwall Tunnel area and the Silvertown Tunnel area;

“the tunnels” means the Blackwall Tunnel and the Silvertown Tunnel;

“the tunnels location and operational boundaries plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the tunnels location and operational boundaries plans for the purposes of this Order;

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

“the works plans” means the plans of that description set out in Schedule 14 certified by the Secretary of State as the works plans for the purposes of this Order.

(2) References in this Order to TfL include any wholly-owned subsidiary (as defined in section 1159 of the Companies Act 2006 M28 ) of TfL.

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

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

(5) 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 plan to which the reference applies.

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

Marginal Citations

M4 1961 c. 33.

M5 1965 c. 56.

M6 1968 c. xxxii.

M7 1980 c. 66.

M8 1981 c. 66.

M9 1984 c. 27.

M10 1990 c. 8.

M11 1991 c. 22.

M12 1999 c. 29.

M13 2004 c. 18.

M14 2008 c. 29.

M15 2009 c. 23.

M16 2004 c. 21.

M17 2002 c. 30.

M18 1971 c. 80.

M19 Section 56(4) was amended by paragraph 10(2) of Schedule 7 to the Planning and Compensation Act 1991 (c. 34).

M20 The definition of “cycle track” was amended by section 1 of the Cycle Tracks Act 1984 (c. 38) and paragraph 21(2) of Schedule 3 to the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

M21 S.I. 2016/1154.

M22 As inserted by section 263 of the 1999 Act.

M23 2011 c. 20.

M24 1981 c. 67.

M25 1994 c. 22.

M26 There are amendments to section 48 which are not relevant to this Order.

M27 As inserted by paragraph 70 of Schedule 8 to the 1991 Act, and subsequently amended by section 271 of the 1999 Act; paragraphs 70 and 95 of Schedule 1 to the Infrastructure Act 2015 (c. 7); S.I. 1999/1820 and S.I. 2001/1400.

M28 2006 c. 46.

PART 2 E+W+S WORKS PROVISIONS

Principal powers E+W+S

Disapplication of legislation, etc. E+W+S

3.—(1) The following enactments do not apply in relation to the construction of any work or the carrying out of any operation required for the purpose of, or in connection with, the construction of the authorised development and, within any maintenance period defined in article 30(14), any maintenance of any part of the authorised development—

(a) Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 M29 , subject to paragraph (3);

(b) Metropolitan Board of Works (Various Powers) Act 1882 M30 ;

(c) London County Council (General Powers) Act 1907 M31 ;

(d) London Overground Wires &c. Act 1933 M32 ;

(e) London County Council (General Powers) Act 1957 M33 ;

(f) London County Council (General Powers) Act 1961 M34 ;

(g) London County Council (General Powers) Act 1962 M35 ;

(h) sections 66 to 75 of the 1968 Act;

(i) Greater London Council (General Powers) Act 1970 M36 ;

(j) Thames Barrier and Flood Prevention Act 1972 M37 ;

(k) Thames Water Authority Land Drainage Byelaws 1981;

(l) Greater London Council (General Powers) Act 1986 M38 ;

(m) section 24 (restrictions on abstraction) of the Water Resources Act 1991 M39 ;

(n) the provisions of any byelaws made under, or having effect as if made under, paragraphs 5, 6 or 6A of Schedule 25 to the Water Resources Act 1991;

(o) regulation 12 (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 M40 in respect of a flood risk activity only; and

(p) the provisions of the Neighbourhood Planning Act 2017 M41 in so far as they relate to temporary possession of land under articles 29 and 30 of this Order.

(2) Despite the provisions of section 208 (liability) of the 2008 Act, for the purposes of regulation 6 of the Community Infrastructure Levy Regulations 2010 M42 any building comprised in the authorised development is deemed to be—

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

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

(3) The disapplication of the Metropolis Management (Thames River Prevention of Floods) Amendment Act 1879 by paragraph (1)(a) does not affect the Environment Agency's ability to use the powers vested in it under that Act against any person, other than TfL and any other person exercising a power under this Order, provided that the use of those powers vested in the Agency does not interfere with the construction of the authorised development.

(4) Following the expiry of any maintenance period defined in article 30(14), the requirement under section 70 M43 (works not to be constructed, etc., without works licence) of the 1968 Act to obtain a works licence under section 66 (licensing of works) of that Act does not apply to anything done within any structure forming part of the authorised development in connection with its operation or maintenance or any other function of TfL.

Marginal Citations

M29 1879 c. cxcvii.

M30 1882 c. lvi.

M31 1907 c. clxxv.

M32 1933 c. xliv.

M33 1957 c. xxxv.

M34 1961 c. xliii.

M35 1962 c. xlv.

M36 1970 c. lxxvi.

M37 1972 c. xl.

M38 1986 c. iv.

M39 1991 c. 57.

M40 S.I. 2016/1154.

M41 2017 c. 20.

M42 S.I. 2010/948, amended by S.I. 2011/987; there are other amending instruments but none is relevant.

M43 As amended by section 46 of the Criminal Justice Act 1982 (c. 48).

Development consent granted by the Order E+W+S

4.—(1) Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), TfL is granted development consent for the authorised development.

(2) Any enactment applying to land within, adjoining or sharing a common boundary with the Order limits (other than land comprising part of the river Thames outside of the Order limits) has effect subject to the provisions of this Order.

Limits of deviation E+W+S

5.—(1) Subject to paragraph (2), TfL must construct the authorised development within the Order limits and, so far as all non-linear works comprised in the authorised development are concerned, within the limits of deviation for those works shown on the works plans.

(2) In constructing or maintaining the authorised development, TfL may deviate—

(a) laterally within the Order limits in the case of any linear work comprised in the authorised development, so that the centre line of that work may be situated up to 3 metres either side of the centre line of that work shown on the works plans; and

(b) vertically from the levels shown on the engineering section drawings and plans—

(i) to any extent upwards not exceeding 0.5 metres except in relation to the parts of the authorised development referred to in column (1) of the table below, where the extent of permitted deviation for each such part is set out in column (2) of that table; and

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

(1) Part of authorised development

(2) Upwards vertical deviation limit

Work Nos. 1(a), 1(b), 1(c) and 1(e)

(1) Where any part of the authorised development referred to in column (1) is located below the bed of the river Thames, to any extent not exceeding 1.5 metres provided that the deviation would not result in the level of the bed within the navigable channel of the river Thames being above 5.80 metres below chart datum. (2) Where any part of the authorised development referred to in column (1) is located elsewhere, to any extent not exceeding 3 metres.

(3) Without limitation on the scope of paragraph (1), in constructing or maintaining the authorised development TfL may—

(a) deviate by up to 3 metres from the points of commencement and termination of any linear work comprised in the authorised development shown on the works plans; and

(b) deviate from the design of any tunnel or tunnel structure and vary the number of tunnel cross-passages shown on the engineering section drawings and plans.

(4) In this article, reference to—

(a) a “linear work” is a reference to any work shown on the works plans by way of a centre line; and

(b) a “non-linear work” is a reference to any other work shown on the works plans.

Streets E+W+S

Street works E+W+S

6.—(1) TfL may, for the purposes of the authorised development, enter on so much of any street and may—

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

(b) tunnel or bore under the street;

(c) place apparatus in the street;

(d) maintain apparatus in the street or change its position; and

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

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

(3) TfL must not carry out works to any street under paragraph (1) for which it is not the street authority without the consent of the street authority, which may attach reasonable conditions to any consent.

Application of the 1991 Act E+W+S

7.—(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) (which defines what highway authority works are major highway 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 M44 (dual carriageways and roundabouts) of the 1980 Act or section 184 M45 (vehicle crossings) of that Act.

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

(3) The following provisions of the 1991 Act do not apply in relation to any works executed under the powers of this Order—

• section 56 (directions as to timing);

• section 56A (power to give directions as to placing of apparatus);

• section 58 (restrictions following substantial road works);

• section 58A (restriction on works following substantial street works);

• 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 (restriction on works following substantial street works).

(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 stopping up, alteration or diversion of a street of a temporary nature by TfL under the powers conferred by article 10 (temporary stopping up and restriction of use of streets) whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.

(5) The provisions of the 1991 Act M46 referred to in paragraph (4) are—

• section 54 M47 (advance notice of certain works), subject to paragraph (6);

• section 55 M48 (notice of starting date of works), subject to paragraph (6);

• section 57 M49 (notice of emergency works);

• section 59 M50 (general duty of street authority to co-ordinate works);

• section 60 (general duty of undertakers to co-operate);

• section 68 (facilities to be afforded to street authority);

• section 69 (works likely to affect other apparatus in the street);

• section 75 (inspection fees);

• 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 stopping up, alteration or diversion (as the case may be) required in a case of emergency.

(7) Nothing in article 8 (construction and maintenance of new, altered or diverted streets)—

(a) affects the operation of section 87 (prospectively maintainable highways) of the 1991 Act, and TfL 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

(b) has effect in relation to street works as respects which the provisions of Part 3 of the 1991 Act apply.

Marginal Citations

M44 As amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51) and section 168(2) of, and Schedule 9 to, the New Roads and Street Works Act 1991 (c. 22).

M45 As amended by sections 35, 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48); paragraph 45(11) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and section 168 of, paragraph 9 of Schedule 8 and Schedule 9 to, the 1991 Act.

M46 Sections 54, 55, 57, 60, 68 and 69 were amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004 (c. 18).

M47 As also amended by section 49(1) of the Traffic Management Act 2004.

M48 As also amended by section 49(2) and 51(9) of the Traffic Management Act 2004.

M49 As also amended by section 52(3) of the Traffic Management Act 2004.

M50 As amended by section 42 of the Traffic Management Act 2004.

Construction and maintenance of new, altered or diverted streets E+W+S

8.—(1) Any street (other than a GLA Road) constructed under this Order must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed in writing with the street authority, must be maintained by and at the expense of TfL for a period of 12 months from its completion and thereafter by the street authority.

(2) Where a street (other than a GLA Road) is altered or diverted under this Order, the altered or diverted part of the street must be completed to the reasonable satisfaction of the street authority and, unless otherwise agreed in writing with the street authority, that part of the street must be maintained by and at the expense of TfL for a period of 12 months from its completion and thereafter by the street authority.

(3) Where land not previously part of the public highway comes to form part of the public highway by virtue of the construction, diversion or alteration of a street under this Order, unless otherwise agreed with the street authority the land is deemed to have been dedicated as public highway on the expiry of a period of 12 months from completion of the street that has been constructed, altered or diverted.

(4) In any action against TfL in respect of loss or damage resulting from any failure by TfL to maintain a street 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 TfL had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(5) For the purposes of a defence under paragraph (4), the court must in particular have regard to the following matters—

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

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

(c) the state of repair in which a reasonable person would have expected to find the street;

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

(e) where TfL could not reasonably have been expected to repair that part of the street 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 TfL had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that TfL had given the competent person proper instructions with regard to the maintenance of the street and that the competent person had carried out those instructions.

(6) The date of completion of any works referred to in paragraphs (1) and (2) is to be agreed between TfL and the street authority, acting reasonably.

Permanent stopping up of streets and private means of access E+W+S

9.—(1) Subject to the provisions of this article, TfL may, in connection with the carrying out of the authorised development, stop up each of the streets and private means of access specified in columns (1) and (2) of Parts 1, 2, 3 and 4 of Schedule 3 (permanent stopping up of highways and private means of access) to the extent specified and described in column (3) of those Parts of that Schedule.

(2) No street or private means of access specified in columns (1) and (2) of Parts 1 and 3 of Schedule 3 (being a street or private means of access to be stopped up for which a substitute is to be provided) 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 (4) of that Part 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 TfL, 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 columns (1) and (2) of Parts 2 and 4 of Schedule 3 (being a street or private access to be stopped up for which no substitute is to be provided) is to be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all of 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) TfL is in possession of the land;

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

(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) Not less than 28 days prior to the stopping up of each section of highway identified in columns 1 to 3 of Parts 1 and 2 of Schedule 3 TfL must erect a notice upon the highway at, or as close as reasonably practicable to, each point of stopping up, specifying the date and extent of the stopping up and, in the case of a highway mentioned in Part 1 of Schedule 3, giving details of the substitute or new highway to be provided.

(6) 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) TfL 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 TfL.

(7) 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, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(8) This article is subject to article 32 (apparatus and rights of statutory undertakers in stopped up streets).

Temporary stopping up and restriction of use of streets E+W+S

10.—(1) TfL may, during and for the purposes of carrying out the authorised development, temporarily stop up, alter or divert any street and may for any reasonable time—

(a) divert the traffic from the street; and

(b) subject to paragraph (3), prevent all persons from passing along the street.

(2) Without limitation on the scope of paragraph (1), TfL may use any street temporarily stopped up under the powers conferred by this article and lying within the Order limits as a temporary working site.

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

(4) TfL must not temporarily stop up, alter or divert any street for which it is not the street authority without the consent of the street authority, which may attach reasonable conditions to any consent.

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

Access to works E+W+S

11.  TfL may, for the purposes of the authorised development and with the consent of the street authority, form and lay out such other means of access or improve existing means of access, at such locations within the Order limits as TfL reasonably requires for the purposes of the authorised development.

Agreements with street authorities E+W+S

12.—(1) A street authority and TfL may enter into agreements with respect to—

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

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

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

(d) any stopping up, alteration or diversion of a street under the powers conferred by this Order;

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

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

(2) Such an agreement may, without limitation on the scope of paragraph (1)—

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

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

(c) provide for the dedication of any new street as public highway further to section 38 M51 (power of highway authorities to adopt by agreement) of the 1980 Act; and

(d) contain such terms as to payment and otherwise as the parties consider appropriate.

Marginal Citations

M51 As amended by section 102 of, and Schedule 17 to, the Local Government Act 1985 (c. 51); section 22(1) of the 1991 Act and paragraphs 1 and 19 of Schedule 1 to the Infrastructure Act 2015 (c. 7).

Use of private roads for construction E+W+S

13.—(1) TfL 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) TfL 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 under Part 1 of the 1961 Act.

Supplemental powers E+W+S

Discharge of water E+W+S

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

(2) Any dispute arising from the making of connections to or the use of a public sewer or drain by TfL under paragraph (1) is to be determined as if it were a dispute under section 106 (right to communicate with public sewers) of the Water Industry Act 1991 M52 .

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

(4) TfL 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; and

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

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

(6) Nothing in this article overrides the requirement for an environmental permit under regulation 12(1)(b) (requirement for environmental permit) of the Environmental Permitting (England and Wales) Regulations 2016 M53 .

(7) In this article—

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

(b) other expressions, excluding watercourse, used both in this article and in the Water Resources Act 1991 M54 , have the same meaning as in that Act.

Marginal Citations

M52 1991 c. 56. Section 106 was amended by sections 35(1), 35(8) and 43(2) of, and Schedule 2 to, the Competition and Service (Utilities) Act 1992 (c. 43), sections 36(2) and 99 of the Water Act 2003 (c. 37) and paragraph 16(1) of Schedule 3 to the Flood and Water Management Act 2010 (c. 29).

M53 S.I. 2016/1154.

M54 1991 c. 57.

Protective works to buildings E+W+S

15.—(1) Subject to the following provisions of this article, TfL may at its own expense and from time to time carry out such protective works to any building lying within the Order limits as TfL 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 building of any part of the authorised development; or

(b) after the completion of that part of the authorised development in the vicinity of the building 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 public use.

(3) Subject to paragraph (5), for the purpose of determining how the functions under this article are to be exercised TfL may enter and survey—

(a) any building falling within paragraph (1) and any land within its curtilage; and

(b) where necessary or expedient, land which is adjacent to the building falling within paragraph (1) but outside its curtilage (whether or not such adjacent land is inside or outside the Order limits),

and place on, leave on and remove from the land monitoring apparatus.

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

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

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

and in either case TfL may take exclusive possession of the building and land if this is reasonably required for the purpose of carrying out the protective works.

(5) Before exercising—

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

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

(c) a right under paragraph (4)(a) to enter and take possession of a building (and land within its curtilage); or

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

TfL 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), (5)(c) or (5)(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 of 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 68 (arbitration).

(7) TfL 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 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 public 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,

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

(9) Without affecting article 38 (no double recovery), nothing in this article relieves TfL from any liability to pay compensation under section 152 M55 (compensation in case where no right to claim in nuisance) of the 2008 Act.

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

(11) Subject to paragraph (6), section 13 M56 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 M57 (application of compulsory acquisition provisions) of the 2008 Act.

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

(a) underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building 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 building 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 of such operation being disrupted.

Marginal Citations

M55 As amended by S.I. 2009/1307.

M56 As amended by sections 62(3) and 139(4)-(9) of, paragraphs 27 and 28 of Schedule 13 and Part 3 of Schedule 223 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

M57 As amended by section 190 of, and paragraph 17 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22).

Authority to survey and investigate land E+W+S

16.—(1) TfL may for the purposes of this Order enter on—

(a) any land within the Order limits; and

(b) where reasonably necessary, any land which is adjacent to but outside the Order limits,

and—

(i) survey or investigate the land;

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

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

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

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

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

(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.

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

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

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

(5) TfL 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, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(6) Section 13 (refusal to give possession to acquiring authority) 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 (application of compulsory acquisition provisions) of the 2008 Act.

Work in the river Thames: conditions E+W+S

17.—(1) Construction of the authorised development must be carried out so that—

(a) at any time, the suspension of the public right of navigation under articles 29(3) (temporary use of land for carrying out the authorised development) or 30(3) (temporary use of land for maintaining the authorised development) applies to no more of the river than is necessary in the circumstances; and

(b) if it becomes necessary for such suspension to relate to the whole width of the river within the Order limits, all reasonable steps are taken to secure that the period of suspension is kept to a minimum and that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use the part where the public right of navigation is so suspended.

(2) Not later than 40 business days prior to the proposed commencement date of any suspension of the public right of navigation under article 29(3) or 30(3), TfL must give notice to the PLA, except in the case of an emergency when TfL must give such notice as is reasonably practicable.

(3) A notice given under paragraph (2) must provide details of the proposed suspension, including particulars of—

(a) commencement date;

(b) duration; and

(c) the affected area,

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

(4) Any suspension of the public right of navigation under article 29(3) or 30(3) must not take place except in accordance with the approval in writing given by the PLA and any conditions imposed by the PLA under this article or determined in accordance with article 68 (arbitration).

(5) The PLA may in relation to any application for approval under this paragraph (4) impose reasonable conditions for any purpose described in paragraph (6).

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

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

(b) the duration of any temporary suspension;

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

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

(7) Following an approval of any such suspension given by the PLA under paragraph (4) or determined in accordance with article 68, the PLA must issue a notice to mariners within 10 business days of the approval, giving the commencement date and other particulars of the suspension to which the approval relates, and that suspension will take effect on the date specified and as otherwise described in the notice.

(8) Subject to paragraph (9), an application for approval under this article is deemed to have been refused if it is neither given nor refused within 30 business days of the PLA receiving the notice under paragraph (2).

(9) An approval of the PLA under this article is not deemed to have been unreasonably withheld, and approval is not deemed to have been refused, if approval within the time limited by paragraph (8) 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.

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

(11) If—

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

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

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

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

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

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

Felling or lopping of trees E+W+S

18.—(1) TfL may fell or lop any tree or shrub within or overhanging land within the Order limits, or cut back its roots, if TfL 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), TfL must do no unnecessary damage to any tree or shrub and must pay compensation to any person for any loss or damage arising from such activity.

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

PART 3 E+W+S POWERS OF ACQUISITION AND POSSESSION OF LAND

Powers of acquisition E+W+S

Compulsory acquisition of land E+W+S

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

(2) This article is subject to article 22(2) (compulsory acquisition of rights), article 27(2) (acquisition of subsoil, etc., only) and article 29 (temporary use of land for carrying out the authorised development).

Compulsory acquisition of land – incorporation of the minerals code E+W+S

20.  Parts 2 and 3 of Schedule 2 (minerals) to the Acquisition of Land Act 1981 are incorporated into this Order subject to the modifications that—

(a) paragraph 8(3) is not incorporated; and

(b) for “the acquiring authority” substitute “ TfL ”.

Time limit for exercise of powers to possess land temporarily or to acquire land compulsorily E+W+S

21.—(1) After the end of the period of 5 years beginning with the day on which this Order comes into force—

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

(b) no declaration is to be executed under section 4 (execution of declaration) of the 1981 Act as applied by article 26 (application of the 1981 Act),

in relation to any part of the Order land.

(2) The authority conferred by article 29 (temporary use of land for carrying out the authorised development) ceases at the end of the period referred to in paragraph (1), except that nothing in this paragraph prevents TfL from remaining in possession of land after the end of that period, if the land was entered and possession was taken before the end of that period.

Compulsory acquisition of rights E+W+S

22.—(1) Subject to paragraphs (2), (3) and (5), TfL may acquire such rights over the Order land or impose restrictive covenants affecting the land as may be required for any purpose for which that land may be acquired under article 19 (compulsory acquisition of land), by creating them as well as acquiring rights already in existence.

(2) In the case of the Order land specified in columns (1) and (2) of Schedule 4 (land in which only new rights etc., may be acquired) TfL's powers of compulsory acquisition are limited to the acquisition of such wayleaves, easements, new rights in the land or the imposition of restrictive covenants as TfL may require for or in connection with the authorised development.

(3) Subject to Schedule 2A M58 (counter-notice requiring purchase of land) to the 1965 Act (as substituted by paragraph 10 of Schedule 5 (modification of compensation and compulsory purchase enactments for creation of new rights), where TfL acquires a right over land or the benefit of a restrictive covenant , TfL is not required to acquire a greater interest in that land.

(4) Schedule 5 has effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application to the compulsory acquisition under this article of a right over land by the creation of a new right or the imposition of a restrictive covenant.

(5) TfL may not under paragraph (1) impose restrictive covenants affecting the land situated within any of the Regions mentioned in article 52.

Marginal Citations

M58 As inserted by paragraphs 1 and 3 of Schedule 17 to the Housing and Planning Act 2016 (c. 22).

Private rights over land E+W+S

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

(a) from the date of acquisition of the land by TfL, whether compulsorily or by agreement; or

(b) on the date of entry onto the land by TfL under section 11(1) (powers of entry) of the 1965 Act,

whichever is the earlier.

(2) Subject to the provisions of this article, all private rights over land subject to the compulsory acquisition of rights or the imposition of restrictive covenants under this Order are extinguished in so far as their continuance would be inconsistent with the exercise of the right or burden of the restrictive covenant—

(a) from the date of the acquisition of the right or the benefit of the restrictive covenant by TfL, whether compulsorily or by agreement; or

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

whichever is the earlier.

(3) Subject to the provisions of this article, all private rights over any part of the Order land that is vested in or acquired by TfL are extinguished on commencement of any activity authorised by this Order which interferes with or breaches those rights.

(4) Subject to the provisions of this article, all private rights over land of which TfL takes temporary possession under this Order are suspended and unenforceable for as long as TfL remains in lawful possession of the land.

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

(6) This article does not apply in relation to any right to which section 138 (extinguishment of rights, and removal of apparatus, of statutory undertakers etc.) of the 2008 Act or article 31 (statutory undertakers) applies.

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

(a) any notice given by TfL before—

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

(ii) TfL's appropriation of it;

(iii) TfL's entry onto it; or

(iv) TfL's taking temporary possession of it,

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

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

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

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

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

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

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

Power to override easements and other rights E+W+S

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

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

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

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

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

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

(c) the use of any land (including the temporary use of land).

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

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

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

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

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

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

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

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

(b) fails to discharge that liability,

the liability is enforceable against TfL.

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

Modification of Part 1 of the 1965 Act E+W+S

25.—(1) Part 1 of the 1965 Act, as applied to this Order by section 125 (application of compulsory acquisition provisions) of the 2008 Act, is modified as follows.

(2) In section 4A(1) M59 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 4” substitute “ section 118 of the Planning Act 2008 (legal challenges relating to applications for orders granting development consent), the five year period mentioned in article 21 (time limit for exercise of powers to possess land temporarily or to acquire land compulsorily) of the Silvertown Tunnel Order 2018 M60 ”.

(3) In section 11A M61 (powers of entry: further notice of entry)—

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

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

(4) In section 22(2) (expiry of time limit for exercise of compulsory purchase power not to affect acquisition of interests omitted from purchase), for “section 4 of this Act” substitute “ article 21 of the Silvertown Tunnel Order 2018 ”.

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

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

“(2) But see article 27(4) (acquisition of subsoil, etc., only) of the Silvertown Tunnel Order 2018, which excludes the acquisition of subsoil or airspace only from this Schedule”; and

(b) after paragraph 29, end insert—

“PART 4 E+W+S INTERPRETATION

30.   In this Schedule, references to entering on and taking possession of land do not include doing so under article 15 (protective works to buildings), 29 (temporary use of land for carrying out the authorised development) or 30 (temporary use of land for maintaining the authorised development) of the Silvertown Tunnel Order 2018.”

Marginal Citations

M59 As inserted by section 202(1) of the Housing and Planning Act 2016 (c. 22).

M60 S.I. 2018/574.

M61 As inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

Application of the 1981 Act E+W+S

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

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

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

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

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

(5) Omit section 5A M62 (time limit for general vesting declaration).

(6) In section 5B M63 (extension of time limit during challenge) for “section 23 of the Acquisition of Land Act 1981 (application to High Court in respect of compulsory purchase order), the three year period mentioned in section 5A” substitute “ section 118 M64 (legal challenges relating to applications for orders granting development consent) of the Planning Act 2008, the five year period mentioned in article 21 of the Silvertown Tunnel Order 2018 ”.

(7) In section 6 M65 (notices after execution of declaration), in subsection (1)(b), for “section 15 of, or paragraph 6 of Schedule 1 to, the Acquisition of Land Act 1981” substitute “ section 134 M66 (notice of authorisation of compulsory acquisition) of the Planning Act 2008 ”.

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

(9) In Schedule A1 M67 (counter-notice requiring purchase of land not in general vesting declaration), for paragraph 1(2) substitute—

“(2) But see article 27(4) (acquisition of subsoil, etc., only) of the Silvertown Tunnel Order 2018 M68 , which excludes the acquisition of subsoil or airspace only from this Schedule.”

(10) References to the 1965 Act in the 1981 Act are to be construed as references to the 1965 Act as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and as modified by article 25 (modification of Part 1 of the 1965Act)) to the compulsory acquisition of land under this Order.

Marginal Citations

M62 As inserted by section 182(2) of the Housing and Planning Act 2016 (c. 22).

M63 As inserted by section 202(2) of the Housing and Planning Act 2016 (c. 22).

M64 As amended by paragraphs 1 and 59 of Schedule 13, and Part 20 of Schedule 25, to the Localism Act 2011 (c. 20) and section 92(4) of the Criminal Justice and Courts Act 2015 (c. 2).

M65 As amended by paragraph 52(2) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c. 11) and paragraph 7 of Schedule 15 to the Housing and Planning Act 2016 (c. 22).

M66 As amended by section 142 of, and Part 21 of Schedule 25 to, the Localism Act 2011 (c. 20) and S.I. 2017/16.

M67 As inserted by paragraph 6 of Schedule 18 to the Housing and Planning Act 2016 (c. 22).

M68 S.I. 2018/574.

Acquisition of subsoil, etc., only E+W+S

27.—(1) TfL may acquire compulsorily so much of, or such rights over, the subsoil of and airspace over the land referred to in paragraph (1) of article 19 (compulsory acquisition of land) as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.

(2) In the case of the Order land specified in columns (1) and (2) of Schedule 6 (land in which only subsoil or new rights above subsoil and surface may be acquired) TfL's powers of compulsory acquisition under article 19 are limited to—

(a) the acquisition of such subsoil; and

(b) the acquisition of such easements or other new rights and the imposition of restrictive covenants in the remaining subsoil and the surface of the land,

as TfL may require for or in connection with the authorised development.

(3) Where TfL acquires any part of, or rights over, the subsoil or surface of or airspace over land referred to in paragraphs (1) or (2), TfL is not required to acquire an interest in any other part of the land.

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

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

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

(c) section 153(4A) (blighted land: proposed acquisition of part interest; material detriment test) of the Town and Country Planning Act 1990.

(5) Paragraphs (3) and (4) are to be disregarded where TfL acquires a cellar, vault, arch or other construction forming part of a house, building or manufactory or airspace above a house, building or manufactory.

(6) References in paragraph (2)(a) to subsoil are references to the subsoil lying at and below the depths specified in column (3) of Schedule 6 beneath the level of the surface of the land, and references to the remaining subsoil in paragraph (2)(b) are references to the part of the subsoil lying above the shallowest part of the subsoil acquired under paragraph (2)(a) but below the level of the surface of the land.

(7) For the purposes of paragraph (6) “the level of the surface of the land” means—

(a) in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;

(b) in the case of a river, dock, canal, navigation, watercourse or other water area, the level of the surface of the ground covered by water; or

(c) in any other case, ground surface level,

at the time of this Order coming into force.

Rights over or under streets E+W+S

28.—(1) TfL may enter on, appropriate and use so much of the subsoil of, or airspace over, any street within the Order limits as may be required for the purposes of the authorised development.

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

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

(a) any subway or underground building; or

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

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

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

Temporary possession of land E+W+S

Temporary use of land for carrying out the authorised development E+W+S

29.—(1) TfL may, in connection with the carrying out of the authorised development but subject to article 21(1) (time limit for exercise of powers to possess land temporarily or to acquire land compulsorily)—

(a) enter on and take temporary possession of—

(i) the land specified in columns (1) and (2) of Schedule 7 (land of which only temporary possession may be taken) for the purpose specified in relation to that land in column (3) of that Schedule relating to the part of the authorised development specified in column (4) of that Schedule; and

(ii) any of the Order land in respect of which no notice of entry has been served under section 11 M69 (powers of entry) of the 1965 Act (other than in connection with the acquisition of rights only) and no declaration has been made under section 4 M70 (execution of declaration) of the 1981 Act;

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

(c) construct temporary works (including the provision of means of access) and buildings on that land;

(d) construct any works on that land as are mentioned in Schedule 1 (authorised development); and

(e) provide any temporary car parking or storage facilities on that land for the benefit of landowners or occupiers temporarily displaced as a result of the carrying out of the authorised development.

(2) TfL's temporary possession of any part of the river Thames under paragraph (1) is limited to what is reasonably necessary for TfL safely to construct the authorised development but TfL is not permitted by this article to take temporary possession of the entire width of the river Thames within the Order limits except in an emergency.

(3) At times and places where TfL has taken temporary possession of any part of the river Thames under this article, on the coming into effect of a notice to mariners in accordance with article 17(7) (work in the river Thames: conditions), the public right of navigation over that part of the river Thames is suspended and unenforceable against the PLA.

(4) Any person who suffers loss as a result of the suspension of any private right of navigation under this article is entitled to be paid compensation for such loss by TfL, to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Not less than 14 days before entering on and taking temporary possession of land under this article TfL must serve notice of the intended entry on the owners and occupiers of the land and that notice must state the works, facilities or other purpose for which TfL intends to take possession of the land.

(6) TfL may not, without the agreement of the owners of the land, remain in possession of any land under this article—

(a) in the case of any land specified in paragraph (1)(a)(i), after the end of the period of one year beginning with the date of completion of the part of the authorised development specified in relation to that land in column (4) of Schedule 7; or

(b) in the case of any land referred to in paragraph (1)(a)(ii), after the end of the period of one year beginning with the date of completion of the works, use of facilities or other purpose for which temporary possession of the land was taken unless TfL has, by the end of that period, served a notice of entry under section 11 of the 1965 Act or made a declaration under section 4 of the 1981 Act in relation to that land.

(7) Before giving up possession of land of which temporary possession has been taken under this article, TfL must remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but TfL is not required to—

(a) replace a building removed under this article;

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

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

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

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

(9) Any dispute as to a person's entitlement to compensation under paragraph (8), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(10) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (8) and nothing in this article affects any liability to pay compensation to the PLA under paragraph 49 of Schedule 13 (protective provisions).

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

(12) Section 13 M71 (refusal to give possession to acquiring authority) of the 1965 Act applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.

Marginal Citations

M69 As amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1) and S.I. 2009/1307.

M70 As amended by section 184 and 185 of, and paragraphs 1 and 2 of Schedule 18 to, the Housing and Planning Act 2016 (c. 22).

M71 As amended by sections 62(3) and 139 of, and paragraph 27 and 28 of Schedule 13, and part 3 of Schedule 23, to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

Temporary use of land for maintaining the authorised development E+W+S

30.—(1) Subject to paragraph (5), at any time during the maintenance period relating to any of the authorised development, TfL may—

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

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

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

(2) TfL's temporary possession of any part of the river Thames under paragraph (1) is limited to what is reasonably necessary for TfL safely to carry out any maintenance of the authorised development but TfL is not permitted by this article to take temporary possession of the entire width of the river Thames within the Order limits except in an emergency.

(3) At times and places where TfL has taken temporary possession of any part of the river Thames under this article, on the coming into effect of a notice to mariners in accordance with article 17(7) (work in the river Thames: conditions) the public right of navigation over that part of the river Thames will be suspended and unenforceable against the PLA.

(4) Any person who suffers loss as a result of the suspension of any private right of navigation under this article is entitled to be paid compensation for such loss by TfL, to be determined, in case of dispute, under Part 1 of the 1961 Act.

(5) Paragraph (1) does not authorise TfL to take temporary possession of—

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

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

(6) Not less than 28 days before entering upon and taking temporary possession of land under this article TfL must serve notice of the intended entry on the owners and occupiers of the land and that notice must state the purpose for which TfL intends to take possession of the land including the particulars of the part of the authorised development for which possession is to be taken.

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

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

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

(10) Any dispute as to a person's entitlement to compensation under paragraph (9), or as to the amount of the compensation, is to be determined under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

(11) Nothing in this article affects any liability to pay compensation under section 152 (compensation in case where no right to claim in nuisance) of the 2008 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (9) and nothing in this article affects any liability to pay compensation to the PLA under paragraph 49 of Schedule 13 (protective provisions).

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

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

(14) In this article “the maintenance period”, in relation to any part of the authorised development, means the period of 5 years beginning with the date on which—

(a) that part of the authorised development is first opened for public use (where that part of the authorised development is intended to be used by the public); or

(b) in respect of any other part of the authorised development, that part is first brought into operational use by TfL.

Supplementary E+W+S

Statutory undertakers E+W+S

31.—(1) Subject to the provisions of article 22(2) (compulsory acquisition of rights), Schedule 13 (protective provisions) and paragraph (2), TfL may—

(a) exercise the powers conferred by articles 19 (compulsory acquisition of land) and 22 (compulsory acquisition of rights) in relation to so much of the Order land as belongs to statutory undertakers; and

(b) extinguish the rights of, remove or reposition the apparatus belonging to statutory undertakers over or within the Order land.

(2) Paragraph (1)(b) has no effect in relation to apparatus in respect of which the following provisions apply—

(a) Part 3 (street works in England and Wales) of the 1991 Act; or

(b) article 32 (apparatus and rights of statutory undertakers in stopped up streets).

Apparatus and rights of statutory undertakers in stopped up streets E+W+S

32.—(1) Where a street is stopped up under article 9 (permanent stopping up of streets and private means of access), any statutory utility whose apparatus is under, in, on, along or across the street has the same powers and rights in respect of that apparatus, subject to the provisions of this article, as if this Order had not been made.

(2) Where a street is stopped up under article 9 any statutory utility whose apparatus is under, in, on, over, along or across the street may, and if reasonably requested to do so by TfL must—

(a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as the utility may reasonably determine and have power to place it; or

(b) provide other apparatus in substitution for the existing apparatus and place it in such position as described in sub-paragraph (a).

(3) Subject to the following provisions of this article, TfL must pay to any statutory utility an amount equal to the cost reasonably incurred by the utility in or in connection with—

(a) the execution of the relocation works required in consequence of the stopping up of the street; and

(b) the doing of any other work or thing rendered necessary by the execution of the relocation works.

(4) If in the course of the execution of relocation works under paragraph (2)—

(a) apparatus of a better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by TfL, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the relocation works exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which, apart from this paragraph, would be payable to the statutory utility by virtue of paragraph (3) is to be reduced by the amount of that excess.

(5) For the purposes of paragraph (4)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(6) An amount which, apart from this paragraph, would be payable to a statutory utility in respect of works by virtue of paragraph (3) (and having regard, where relevant, to paragraph (4)) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the utility any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

(7) Paragraphs (3) to (6) do not apply where the authorised development constitutes major highway works, major bridge works or major transport works for the purposes of Part 3 of the 1991 Act, but instead—

(a) the allowable costs of the relocation works are to be determined in accordance with section 85 (sharing of cost of necessary measures) of that Act and any regulations for the time being having effect under that section; and

(b) the allowable costs are to be borne by TfL and the statutory utility in such proportions as may be prescribed by any such regulations.

(8) In this article—

“relocation works” means work executed, or apparatus provided, under paragraph (2); and

“statutory utility” means a statutory undertaker for the purposes of the 1990 Act or a public communications provider as defined in section 151(1) (interpretation) of the Communications Act 2003 M72 .

Marginal Citations

M72 2003 c. 21.

Recovery of costs of new connection E+W+S

33.—(1) Where any apparatus of a public utility undertaker or of a public communications provider is removed under article 31 (statutory undertakers) any person who is the owner or occupier of premises to which a supply was given from that apparatus is entitled to recover from TfL compensation in respect of expenditure reasonably incurred by that person, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(2) Paragraph (1) does not apply in the case of the removal of a public sewer but where such a sewer is removed under article 31, any person who is—

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

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

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

(3) This article does not have effect in relation to apparatus to which article 32 (apparatus and rights of statutory undertakers in stopped up streets) or Part 3 of the 1991 Act applies.

(4) In this article—

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

“public utility undertaker” means a gas, water, electricity or sewerage undertaker.

Special category land E+W+S

34.—(1) On the exercise by TfL of the relevant Order powers, so much of the special category land as is required for the purposes of the exercise of those rights is discharged from all rights, trusts and incidents to which it was previously subject, so far as their continuance would be inconsistent with the exercise of the relevant Order powers.

(2) In this article—

“the relevant Order powers” means powers exercisable over the special category land by TfL under article 22 (compulsory acquisition of rights); and

“the special category land” means the land identified as forming open space and numbered 03-021, 03-029, 03-037, 03-037b and 03-037c in the book of reference and on the special category land plan.

Disposals by the Greater London Authority E+W+S

35.—(1) The following are not to be regarded as a disposal by the GLA for the purposes of section 333ZC M73 (disposal etc of land held for housing and regeneration purposes) of the 1999 Act—

(a) the making of any agreement between TfL and the GLA before this Order comes into force in anticipation of the exercise of the powers of this Order by TfL;

(b) the implementation of any such agreement; and

(c) the exercise of the powers of this Order by TfL in accordance with that agreement.

(2) In this article the GLA includes a company or body through which the GLA exercises functions in relation to housing or regeneration.

(3) Paragraph (1)(a) does not apply to a subsequent variation of any agreement made between TfL and the GLA before this Order comes into force.

Marginal Citations

M73 As inserted by section 187(1) and (3) of the Localism Act 2011 (c. 20).

Compensation E+W+S

Disregard of certain interests and improvements E+W+S

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

(a) any interest in land; or

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

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

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

Set-off for enhancement in value of retained land E+W+S

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

(2) In assessing the compensation payable to any person in respect of the acquisition from that person of any new rights over land (including the subsoil) under article 22 (compulsory acquisition of rights), the tribunal must set off against the value of the rights so acquired—

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

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

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

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

No double recovery E+W+S

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

PART 4 E+W+S OPERATIONAL PROVISIONS

Application of Part 4 E+W+S

39.—(1) Articles 42 (power to operate and use the tunnels) and 43 (closing the tunnels) only apply and have effect from the date the Silvertown Tunnel is first opened for public use.

(2) Articles 44 (removal of motor vehicles) to 46 (dangerous goods), 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area) and 49 (fixed penalty notices) only apply—

(a) to the Blackwall Tunnel area from the date of the commencement of construction of the Silvertown Tunnel; and

(b) to the Silvertown Tunnel area from the date the Silvertown Tunnel is first opened for public use.

(3) For the purposes of this Part the date of commencement of construction of the Silvertown Tunnel is the date specified in a notice published by TfL in the London Gazette.

Maintenance of the authorised development E+W+S

40.—(1) TfL may at any time maintain the authorised development.

(2) Paragraph (1) does not extend to any maintenance works which would give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

(3) On the expiry of any maintenance period defined in article 30(14) (temporary use of land for maintaining the authorised development) in respect of any part of the authorised development, but subject to article 3(4) (disapplication of legislation, etc.), sections 66 (licensing of works) to 75 (lands above mean high water level) of the 1968 Act apply to the exercise of the powers of this article in relation to that part.

Local legislation relating to the Blackwall Tunnel E+W+S

41.  The provisions of the Thames Tunnel (Blackwall) Act 1887 M74 and the London County Council (Tunnel and Improvements) Act 1938 M75 , and any other local enactment relating to the Blackwall Tunnel area, have effect subject to the provisions of this Order.

Marginal Citations

M74 1887 c. clxxii.

M75 1938 c. lxxxi.

Power to operate and use the tunnels E+W+S

42.  TfL may operate and use the tunnels.

Closing the tunnels E+W+S

43.—(1) TfL may, whenever in its opinion it is necessary to do so, close either or both of the tunnels, whether wholly or partially.

(2) Where TfL proposes to close either or both of the tunnels, it must except in an emergency—

(a) give not less than 7 days' notice in such manner as TfL considers appropriate; and

(b) throughout the period of such closure display signs at convenient situations on the roads communicating with the tunnels giving warning of the closure.

(3) In this article “emergency” means any circumstance existing or imminent which TfL considers is likely to cause danger to—

(a) persons or property, including the tunnels or any person in or using the tunnels; or

(b) the environment.

Removal of motor vehicles E+W+S

44.—(1) If any obstruction is caused by a motor vehicle waiting, loading, unloading or breaking down in the tunnels areas, the person in charge of the motor vehicle must immediately remove it; and if that person fails to do so an authorised person may take all reasonable steps to remove the obstruction.

(2) An authorised person who removes a motor vehicle under paragraph (1) may do so by towing or driving the motor vehicle or in such other manner as the authorised person may think necessary and may take such measures in relation to the motor vehicle as the authorised person considers necessary to enable the motor vehicle to be removed.

(3) Where an authorised person requires a person to remove a motor vehicle which is causing an obstruction in the circumstances described under paragraph (1) and the authorised person determines that the manner of removal proposed by the person required to remove it may cause danger to other persons using the road, the authorised person may require the motor vehicle to be moved in such other manner as the authorised person considers safe or may remove or arrange for the removal of the motor vehicle if the person required to remove it refuses to remove it in the manner so required.

(4) A motor vehicle removed by an authorised person under this article—

(a) may be returned immediately to the person in charge of that motor vehicle; or

(b) where immediate return of that motor vehicle to the person in charge of it is not practicable or appropriate, must be delivered to TfL or to a person authorised by TfL to keep motor vehicles so removed (“the custodian” in either case).

(5) In a case where the owner of the motor vehicle has disclaimed all rights of ownership of the motor vehicle and its contents, the custodian may dispose of them in such manner as it sees fit at any time.

(6) In any case not falling within paragraph (5), a motor vehicle or its contents must not be disposed of before the end of the period of five weeks beginning with the date on which the motor vehicle was removed and until the custodian has, for the purpose of ascertaining the owner of the motor vehicle, taken such steps as are specified in paragraph (7) and either—

(a) the custodian has failed to ascertain the name and address of the owner; or

(b) the owner has failed to comply with a notice complying with paragraph (8) served on the owner by post.

(7) The steps referred to in paragraph (6) are—

(a) if the motor vehicle carries a United Kingdom registration mark, the custodian must ascertain from the records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994 M76 the name and address of the person by whom the motor vehicle is kept; and

(b) if the motor vehicle does not carry such a registration mark, the custodian must make such inquiries as appear to the custodian reasonably practicable to ascertain the owner of the motor vehicle.

(8) A notice under paragraph (6)(b) must be addressed to the owner which—

(a) states—

(i) reasons for the removal of the motor vehicle;

(ii) the place to which the motor vehicle has been removed;

(iii) the registration mark and make of the motor vehicle;

(iv) the steps to be taken to obtain possession of the motor vehicle;

(v) the outstanding penalty charges payable in respect of the motor vehicle; and

(vi) that unless the motor vehicle is removed by the owner on or before the date specified in sub-paragraph (b), the custodian intends to dispose of it; and

(b) requires the owner to remove the motor vehicle from the custody of the custodian within 21 days of the date on which the notice was served.

(9) The custodian is entitled to treat the registered keeper of the motor vehicle as the person entitled to its contents unless and to the extent that some other person satisfies the custodian of their claim to all or part of them.

(10) Where it appears to the custodian that more than one person is the owner of the motor vehicle—

(a) the notice under paragraph (6)(b) must be sent to all persons appearing to be the owner of the motor vehicle; and

(b) the motor vehicle may not be disposed of in accordance with paragraph (5) unless all persons appearing to be the owners have disclaimed all rights of ownership.

(11) Where a motor vehicle has been removed and delivered into the custody of a custodian in accordance with paragraph (4), the custodian may (whether or not any claim is made under this article) recover from the person who was the owner of the motor vehicle when the motor vehicle was removed the charges applied by paragraph (16) for—

(a) its removal and storage; and

(b) if the motor vehicle has been disposed of, its disposal.

(12) Where, by virtue of paragraph (11)(a), any sum is recoverable in respect of a motor vehicle by a custodian, the custodian is entitled to retain custody of it until that sum is paid.

(13) Where—

(a) it appears to the custodian that more than one person is the owner of the motor vehicle; and

(b) one of those owners, or a person authorised by one of those owners, has gained possession of the motor vehicle under paragraph (19),

then the owner who gained possession of the motor vehicle under paragraph (19) must be treated as the owner from whom the sum is recoverable.

(14) Where—

(a) it appears to the custodian that more than one person is the owner; and

(b) one of those owners has made a claim under paragraph (23) that satisfies the conditions in paragraph (24),

then the owner who made the claim under paragraph (23) must be treated as the owner from whom the sum is recoverable.

(15) Where—

(a) it appears to the custodian that more than one person is the owner of the motor vehicle; and

(b) neither paragraph (13) nor paragraph (14) applies,

then those persons must be treated as jointly and severally liably for the prescribed charges.

(16) Penalty charges in respect of the removal, storage and disposal of vehicles imposed by a statement of charges published under article 54(5) (power to charge for use of the tunnels) apply to the removal, storage and disposal of motor vehicles under this article.

(17) A person (“the claimant”) may take possession of a motor vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under this article, if the conditions specified in paragraph (18) are satisfied.

(18) The conditions are that—

(a) the claimant satisfies the custodian that the claimant is the owner of the motor vehicle or that the claimant is authorised by the owner to take possession of the motor vehicle; and

(b) all outstanding penalty charges applied by paragraph (16) are paid to TfL.

(19) On giving the claimant possession of a motor vehicle pursuant to this article, the custodian must give the claimant a statement of the right of the owner (or the person in charge of the motor vehicle when the motor vehicle was removed) to appeal, of the steps to be taken in order to appeal and of the address to which representations should be sent.

(20) Where it appears to the custodian that more than one person is the owner of the motor vehicle, or person authorised by the owner, the custodian must give possession of the motor vehicle to the first claimant who satisfied the conditions set out in paragraph (18).

(21) Schedule 8 (removal of motor vehicles and recovery of penalty charges) has effect in relation to appeals against the imposition of penalty charges and the service of penalty charge notices.

(22) An adjudicator appointed by the Lord Chancellor under regulation 3 of the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 M77 is an adjudicator for the purposes of hearing appeals under Schedule 8.

(23) If, after a motor vehicle has been disposed of by a custodian pursuant to this article, a person claims to have been the owner of the motor vehicle at the time when it was disposed of and the conditions specified in paragraph (24) are fulfilled, a sum calculated in accordance with paragraph (25) is payable by the custodian to the owner.

(24) The conditions are that—

(a) the person claiming satisfies the custodian that the person so claiming was the owner of the motor vehicle at the time it was disposed of;

(b) the claim is made before the end of the period of one year beginning with the date on which the motor vehicle was disposed of; and

(c) no previous claim in respect of the motor vehicle has been made.

(25) The sum payable under paragraph (23) is calculated by deducting from the proceeds of sale the sums that would have been payable under paragraph (18)(b) had the motor vehicle been claimed by the owner immediately before its disposal together with such penalty charge as may be imposed in respect of the disposal of a motor vehicle.

(26) Where it appears to the custodian of a motor vehicle that more than one person is the owner, the custodian must treat the first person who makes a claim that satisfies the conditions set out in paragraph (24) as the owner for the purposes of this article.

(27) For the purposes of this article the owner of a motor vehicle is taken to be the person by whom the motor vehicle is kept; and in determining for those purposes who was the owner of the motor vehicle at any time, it is presumed (unless the contrary appears) that the owner was the person in whose name the motor vehicle was at that time registered under the Vehicle Excise and Registration Act 1994 M78 .

(28) For the purposes of this article “breaking down” includes by way of a mechanical defect, lack of fuel, oil, water or power required for the motor vehicle or any other circumstances in which a person in charge of the motor vehicle could not immediately, safely and without damage to the motor vehicle or its accessories drive it under its own power away from the tunnels areas.

Marginal Citations

M76 1994 c. 22.

M77 S.I. 2001/2313, as amended by S.I. 2003/108, S.I. 2008/1956 and S.I. 2008/2683.

M78 1994 c. 22.

Removal of other obstructions E+W+S

45.—(1) Where an obstruction or hazard is caused in the tunnels areas by a load falling from a motor vehicle and the person in charge of the motor vehicle fails to remove it, an authorised person may take all reasonable steps to remove the load.

(2) An authorised person—

(a) may return a load which the authorised person has removed immediately to the person in charge of the motor vehicle from which it has fallen; or

(b) where a return of the load which the authorised person has removed to the person in charge of the motor vehicle from which it has fallen is not practicable or appropriate, must deliver the load to TfL or to a person authorised by TfL to keep loads so removed (“the custodian” in either case).

(3) The custodian must take reasonable steps to ascertain the identity of the owner of the load.

(4) Where the custodian has been unable to ascertain contact details for the owner of the load, the custodian may dispose of or sell the load as the custodian thinks fit.

(5) Where the custodian has been able to ascertain contact details for the owner of the load, the custodian must notify such person that—

(a) the load is in the possession of the custodian;

(b) the owner must take possession of the load within five weeks of the date of the notice;

(c) the owner may only take possession of the load on the payment of the custodian's expenses in removing and storing the load; and

(d) if the owner fails to act in accordance with the requirements in the notice, title in the load vests in the custodian.

(6) The custodian may recover any expenses reasonably incurred in the removal and storage of a load from the owner of the load.

(7) Unless the owner of the load acts in accordance with the notice requirements, title in the load vests in the custodian on the date specified in the notice.

(8) Where a load consists of, or includes, liquids or semi-liquids or items which are loose or an aggregate, or noxious, perishable or otherwise hazardous or difficult to collect-up or remove, and the driver of the motor vehicle fails to remove it or the fallen load poses a hazard, paragraphs (2) to (7) do not apply and an authorised person or custodian (as the case may be) may, as it sees fit, immediately wash, clean or clear away or remove the fallen load or otherwise dispose of it or sell it.

Dangerous goods E+W+S

46.—(1) Charges imposed under article 54 (power to charge for use of the tunnels) may include provision for charges to be imposed for—

(a) escorting motor vehicles carrying dangerous goods through the tunnels; and

(b) the recovery of TfL's reasonable administrative costs incurred in granting applications for consent to taking such goods into the tunnels to the extent required by byelaws made under article 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall tunnel area).

(2) TfL is to be treated as having in the tunnels areas the same enforcement powers as any body mentioned in regulation 32 (enforcement) of the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations 2009 M79 in relation to roads and to the extent permitted by regulation 32.

(3) The exercise of the enforcement powers mentioned in paragraph (2) is subject to any limitation which applies to the Health and Safety Executive under the regulations.

(4) Nothing in this article prejudices or prevents a body mentioned in regulation 32 of the Carriage of Dangerous Goods and the Use of Transportable Pressure Equipment Regulations 2009 from exercising any power conferred on it by those regulations.

Marginal Citations

M79 S.I. 2009/1348, regulation 32 was substituted by S.I. 2014/469 and subsequently amended by S.I 2015/1682.

No apparatus in the Silvertown Tunnel area without consent E+W+S

47.—(1) Regardless of anything contained in any enactment, no person is to enter upon, break up or interfere with the Silvertown Tunnel area, or any part of it, for the purpose of placing or doing anything in or in relation to any sewer, drain, main, pipe, wire or other apparatus or executing any work except with the written consent of TfL and in accordance with such terms and conditions as TfL may determine, including as to payment, such consent not to be unreasonably withheld and any disputes as to failure to consent or over terms and conditions to be subject to the arbitration provisions in article 69 (arbitration).

(2) This article is subject to paragraph 50 of Schedule 13 (protective provisions).

Byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area E+W+S

48.—(1) TfL may make byelaws regulating—

(a) the efficient management and operation of the tunnels areas;

(b) travel in the tunnels areas;

(c) the maintenance of order in the tunnels areas; and

(d) the conduct of persons in the tunnels areas.

(2) The byelaws contained in Schedule 9 (Blackwall and Silvertown Tunnels byelaws)—

(a) are to be treated as byelaws made by TfL under paragraph (1) and subsequently confirmed by the Secretary of State on the date this Order comes into force;

(b) take effect on the date this article applies to the Blackwall Tunnel area or the Silvertown Tunnel area, as the case may be, by virtue of article 39 (application of Part 4); and

(c) continue to have effect in relation to the Blackwall Tunnel area and the Silvertown Tunnel area until such time as they are amended or revoked by further byelaws made under paragraph (1).

(3) Subject to paragraph (4), the provisions of subsections 236(3) to (8), (10C) and (11) of the Local Government Act 1972 M80 (procedure etc., for byelaws) apply in relation to byelaws made by TfL under paragraph (1), except that the application of section 236(10C) only requires TfL to send a copy of any byelaws made by it and subsequently confirmed to—

(a) the Mayor of London;

(b) the Council of the London Borough of Newham;

(c) the Council of the London Borough of Tower Hamlets; and

(d) the Council of the Royal Borough of Greenwich.

(4) TfL may make byelaws under paragraph (1) in accordance with the procedure in the Byelaws (Alternative Procedure) (England) Regulations 2016 M81 as if those regulations applied to the making and revoking of byelaws under this article.

(5) Byelaws made under this article are enforceable by TfL and any authorised person.

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

(7) The Blackwall Tunnel By-laws 1968 are revoked as from the date of the commencement of construction of the Silvertown Tunnel.

Marginal Citations

M80 1972 c. 70. Section 236 was amended by section 76 and 166 of the 1999 Act and S.I. 2001/3719; there are other amendments to section 236 but none are relevant

M81 S.I. 2016/165.

Fixed penalty notices E+W+S

49.—(1) This article applies where it appears to an authorised person that a person has committed an offence under byelaws made under article 48 (byelaws relating to the Silvertown Tunnel area and the Blackwall Tunnel area).

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

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

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

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

(4) A fixed penalty notice must state—

(a) the amount of the fixed penalty;

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

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

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

(5) The amount of the fixed penalty is—

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

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

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

(7) Payment of the deposit must be made—

(a) in person to the authorised person by cash, credit or debit card, if the authorised person has the necessary means to accept payment in that manner;

(b) by telephone by credit or debit card to the number stipulated in the fixed penalty notice for making payments; or

(c) by App.

(8) TfL must apply the deposit towards payment of the fixed penalty.

(9) In any proceedings a certificate which—

(a) purports to be signed on behalf of the chief finance officer of TfL; and

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

is evidence of the facts stated.

(10) In this article—

“App” means a software application for use on an electronic device which provides for payment by credit or debit card and which is provided by TfL for that purpose;

“credit card” means a card or similar thing issued to any person, use of which enables the holder to defer payment of the deposit;

“debit card” means a card or similar thing issued by any person, use of which causes the deposit to be paid by the electronic transfer of funds from any current account of the holder at a bank or other institution providing banking facilities; and

“fixed penalty notice” means a notice offering the opportunity of the discharge of liability to conviction of an offence under byelaws made under article 48.

Classification of roads, etc. E+W+S

50.—(1) The roads described in paragraphs 1 to 3 and 19 to 22 of Part 1 of Schedule 10 (classification of roads, etc.) are to be classified as the A12 from such day as TfL may determine, as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act.

(2) The roads described in paragraphs 6 to 18 of Part 1 of Schedule 10 are be classified as the A102 from such day as TfL may determine, as if such classification had been made under section 12(3) of the 1980 Act.

(3) The roads described in paragraphs 4 to 18 of Part 1 of Schedule 10 are to become GLA roads on such day as TfL may determine, as if from that day they were the subject of an order directing the same under section 14B M82 (orders of the authority changing what are GLA roads) of the 1980 Act.

(4) The road described in Part 2 of Schedule 10 is to cease to be a GLA road on such day as TfL may determine, as if from that day it was the subject of an order directing the same under section 14B of the 1980 Act.

(5) TfL must publish a notice in the London Gazette of any determination it makes under this article specifying the details of the determination and the date on which it takes effect.

Marginal Citations

M82 As inserted by section 261 of the 1999 Act.

Operational land for purposes of the 1990 Act E+W+S

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

Restrictions on other works in the river Thames E+W+S

52.—(1) For the purposes of ensuring the protection of the Silvertown Tunnel, the PLA must not carry out the following activities within the part of the river Thames that is situated within the Order limits without the consent of TfL, which must not be unreasonably withheld or delayed—

(a) in Regions 1, 3 and 4 (subject to paragraph (2))—

(i) any dredging below the lines shown on the river restrictions section;

(ii) the installation of a mooring or other structure where its foundation would be at a depth exceeding 1 metre below the bed of the river Thames;

(iii) any piling activities; or

(iv) any designation of any anchorage; and

(b) in Region 2—

(i) any dredging which would result (either during the course of the dredging or on completion of the dredging) in the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum; or

(ii) any other activity which might reasonably be expected to result in any part of the surface of the bed of the river Thames lying at a depth exceeding 5.80 metres below chart datum,

subject, in relation to dredging (sub-paragraphs (a)(i) and (b)(i)) or any activity within sub-paragraph (b)(ii), to the addition of any ‘over-dredge’ of 0.5 metres where this occurs in the course of a standard dredging methodology being employed.

(2) In the event that the navigable channel of the river Thames has moved such that any part of it lies within Region 4, the PLA must give notice in writing to TfL as soon as reasonably practicable, and in any event before carrying out any dredging or other activity which as the result of the move requires TfL's consent under paragraph (1).

(3) A notice given under paragraph (2) has the effect that the restrictions applicable to Region 2 apply to that part of Region 4 within which any part of the navigable channel of the river Thames lies.

(4) Subject to paragraph (5), the PLA must not grant a river works licence under section 66 (licensing of works) of the 1968 Act or a dredging licence under section 73 M83 (licensing of dredging, etc) of that Act—

(a) in respect of any Region, licensing any activity mentioned in paragraph (1)(a) or (1)(b); or

(b) within any new part of the river Thames, licensing any activity,

without the consent of TfL, which must not be unreasonably withheld or delayed.

(5) Paragraph (4) does not have effect until TfL has notified the PLA of a designation under paragraph (9)(a)(ii).

(6) If TfL receives an application for consent under paragraph (4) and fails to notify the PLA of its decision before the end of the period of 28 days beginning on the day on which the application was received, TfL is deemed to have refused its consent.

(7) If the PLA contravenes the provisions of paragraph (1), or if any activity is carried out by any other person but the provisions of paragraph (4) have not been complied with in relation to the activity, TfL may by notice in writing require the PLA, or the person who is carrying out or has carried out the activity concerned, to remove or abate any works to which the contravention relates (in accordance with the reasonable requirements of TfL) within a reasonable time specified in the notice and to restore the part of the river Thames concerned to its former condition. If the person to whom the notice is given fails to comply with the notice, TfL may carry out the work required by the notice and recover the reasonable costs of so doing from that person.

(8) After receiving from TfL as built drawings under paragraph 36 of Schedule 13 (protective provisions), the PLA must as soon as reasonably practicable update its navigation charts to illustrate the position of the Silvertown Tunnel.

(9) TfL must—

(a) designate—

(i) the person to whom notice should be given under paragraph (2); and

(ii) the person to whom an application for consent should be made under paragraph (4),

(and may from time to time alter any such designation); and

(b) give the PLA written notification of any such designation.

(10) For the purposes of this article any reference to a Region is a reference to the corresponding Region shown on the river restrictions plan and the grid coordinates of each Region are set out below and also shown on the river restrictions plan—

	Point reference	Easting	Northing
Region 1	1	539864.6015	180232.1903
	2	539847.9342	180191.5763
	3	539824.5778	180151.609
	4	539803.7353	180122.9387
	34	539861.0333	180050.4348
	35	539866.7186	180056.4268
	36	539902.0684	180100.2796
	37	539929.491	180145.2861
Region 2	5	539795.0307	180110.7227
	6	539763.774	180079.5465
	7	539726.8623	180046.611
	8	539693.5971	180012.3733
	9	539661.4484	179985.9174
	10	539660.3067	179984.9779
	26	539715.2125	179913.7872
	27	539721.437	179922.604
	28	539734.3574	179934.3838
	29	539747.3322	179946.2132
	30	539760.2525	179957.6318
	31	539789.1704	179980.5417
	32	539828.1578	180015.7859
	33	539850.7088	180039.5534
Region 3	11	539648.3561	179975.9124
	12	539614.2705	179951.6187
	13	539610.4355	179951.6816
	14	539592.3566	179937.4617
	15	539578.0493	179928.2188
	16	539571.9822	179924.3817
	17	539568.9903	179922.7014
	18	539559.0454	179917.192
	19	539550.5843	179913.8412
	20	539548.9716	179914.0205
	21	539541.4966	179912.8632
	22	539604.3438	179829.269
	23	539673.1334	179877.5185
	24	539704.0919	179903.7208
Region 4 north	4	539803.7353	180122.9387
	5	539795.0307	180110.7227
	33	539850.7088	180039.5534
	34	539861.0333	180050.4348
Region 4 south	10	539660.3067	179984.9779
	11	539648.3561	179975.9124
	24	539704.0919	179903.7208
	25	539714.0652	179912.162
	26	539715.2125	179913.7872

(11) In this article—

“new part of the river Thames” means any part of the river Thames within the Order limits (not shown on the river restrictions plan and the river restrictions section) that is created as a result of the river walls shown on that plan and section being repaired or replaced so that the width of the river Thames is increased;

“the river restrictions section” means the document of that description listed in Schedule 14 (documents to be certified) certified by the Secretary of State as the river restrictions section for the purposes of this Order;

“the river restrictions plan” means the document of that description listed in Schedule 14 certified by the Secretary of State as the river restrictions plan for the purposes of this Order; and

“the river Thames” means so much of the river Thames including streams, creeks and watercourses as is below mean high water level.

(12) Any dispute arising between TfL and the PLA under this article is to be determined as provided in article 68 (arbitration).

Marginal Citations

M83 As amended by section 46 of the Criminal Justice Act 1982 (c. 48).

PART 5 E+W+S USER CHARGING

The charging policy E+W+S

53.—(1) TfL must exercise its functions under this Part in accordance with the policies and procedures set out in the charging policy.

(2) TfL may revise the charging policy but only after it has—

(a) consulted in relation to the proposed changes to the charging policy—

(i) organisations it considers representative of regular users of the tunnels; and

(ii) the members of STIG;

(b) had regard to the responses to the consultation carried out under sub-paragraph (a); and

(c) submitted the proposed revised charging policy to the Mayor of London for approval.

(3) Any revised charging policy proposed by TfL will only have effect if it is approved by the Mayor of London, who may approve it with or without modifications.

(4) If the Mayor of London intends to approve a revised charging policy with material modifications, the Mayor of London must consult—

(a) organisations the Mayor considers representative of regular users of the tunnels; and

(b) the members of STIG,

on the proposed modifications and must have regard to any responses to the consultation received when deciding whether to approve a revised charging policy.

Power to charge for use of the tunnels E+W+S

54.—(1) Subject to and in accordance with the provisions of this Part, from the date when the Silvertown Tunnel is first opened for public use, TfL may levy charges in respect of motor vehicles using either of the tunnels.

(2) The charge payable to TfL for use of the tunnels by any motor vehicle is at such a level for that class of vehicle as TfL may from time to time determine.

(3) TfL may determine different charges (including a nil charge)—

(a) as between the tunnels;

(b) for different classes of motor vehicles;

(c) for different times of the day;

(d) for different days of the week;

(e) for different directions of travel; and

(f) for different methods or means of recording, administering, collecting or paying the charge.

(4) Any charge payable to TfL under this article may be waived, suspended, reduced, compounded or discounted by TfL at any time.

(5) TfL must publish the charges determined under paragraph (3) in a statement of charges in such manner as TfL considers appropriate not later than 56 days before the charges are intended to take effect.

(6) The statement of charges published under paragraph (5) must set out, amongst other things—

(a) the tunnels in respect of which the charges apply;

(b) the classification of motor vehicles for the purposes of determining the charge payable by any motor vehicle;

(c) the times at and days on which the charges will be payable;

(d) the amount of the charges payable;

(e) exemptions from charges;

(f) discounts from charges;

(g) any documents or equipment specified by TfL under article 55(3) (payment and recovery of charges and penalty charges);

(h) payment means or methods;

(i) a summary of the applicable enforcement provisions; and

(j) any matter related to the provisions applied by article 56(3) (penalty charges, examination of motor vehicles, etc.).

(7) Where any motor vehicle falls within the definition of more than one class of vehicles it is deemed to fall in the class of vehicle bearing the highest charge.

(8) References in this Part to classes of motor vehicles are references to the classes defined or described by reference to any characteristics of the motor vehicles or to any other circumstances.

Payment and recovery of charges and penalty charges E+W+S

55.—(1) The person liable to pay any charge payable under this Part, and any penalty charge imposed in connection with this Part, is the registered keeper of the motor vehicle concerned.

(2) The charge, and any penalty charge, must be paid by such methods or means as may be specified in the statement of charges published under article 54(5) (power to charge for use of the tunnels).

(3) To enable the collection of charges by a particular method or means of payment TfL may specify in the statement of charges—

(a) documents required to be displayed by; or

(b) equipment required to be carried on board,

any motor vehicle in respect of which the charge is to be paid using that method or means of payment.

(4) TfL may enter into an agreement with any person (“an advance payment agreement”) under which, on such terms as may be provided by the agreement, charges for a motor vehicle to be used in the Blackwall Tunnel or the Silvertown Tunnel may be paid in advance.

(5) An advance payment agreement may relate to such use of the Blackwall Tunnel or the Silvertown Tunnel, on such number of occasions or during such period, as may be provided by it, may provide for a reduction in the charges payable and may make any other necessary provision including in relation to payment of an administration charge.

(6) Where any charge payable under this Part, and any penalty charge imposed in connection with this Part, remains unpaid after it has become due for payment, TfL may recover from the person liable to pay the charge the amount of the charge together with all other reasonable costs and expenses including administrative expenses, enforcement expenses and interest arising out of any such failure to pay.

(7) TfL may appoint any person to collect as its agent any charge payable under this Part and any penalty charge imposed in connection with this Part.

Penalty charges, examination of motor vehicles, etc. E+W+S

56.—(1) Regulations made under paragraph 12 M84 (penalty charges) of Schedule 23 (road user charging) to the 1999 Act have effect in relation to the tunnels as if the statement of charges published under article 54(5) (power to charge for use of the tunnels) is a charging scheme made by order under that Schedule, TfL is the charging authority and the tunnels are the charging area.

(2) The following paragraphs of Schedule 23 to the 1999 Act, and any regulations made under them, have effect in relation to the tunnels as if the statement of charges published under article 54(5) is a charging scheme made by order under that Schedule, TfL is the charging authority and the tunnels are the charging area—

(a) paragraph 14 (installation of equipment on roads or elsewhere);

(b) paragraph 25 (offences);

(c) paragraph 26 (examination of motor vehicles, etc.);

(d) paragraph 27 (removal or immobilisation of motor vehicles); and

(e) paragraph 30 (evidence).

(3) Sections 5 (contravention of requirement of TfL scheme), 6 (extension of power to include enforcement provisions in TfL scheme) and 8 (failure to notify changes in eligibility for exemptions etc.) of the Transport for London Act 2008 M85 apply to the tunnels as if the statement of charges published under article 54(5) is a TfL scheme within the meaning of that Act.

Marginal Citations

M84 As amended by paragraphs 1, 6-8 and 10-12 of Schedule 13 and Part 1 of Schedule 31 to the Transport Act 2000 (c. 38) and section 115 of the Local Transport Act 2008 (c. 26).

M85 2008 c. i.

Application by TfL of charges levied E+W+S

57.  The charges payable under this Part, and any penalty charges imposed in connection with this Part, may be applied by TfL in—

(a) paying the costs and expenses incurred in planning, consenting, designing, constructing, managing, operating and maintaining the Silvertown Tunnel (including in relation to the implementation of necessary mitigation) and any costs associated with financing any of the same;

(b) paying the costs and expenses incurred in managing, operating and maintaining the Blackwall Tunnel and any costs associated with financing any of the same;

(c) providing such funds as are, or are likely to be, necessary to discharge TfL's obligations contained in any agreement entered into by TfL under article 59 (transfer of benefit of Order, etc.);

(d) making payment into any maintenance or reserve fund kept in respect of the Silvertown Tunnel or the Blackwall Tunnel; and

(e) making payments to TfL's general fund.

PART 6 E+W+S MISCELLANEOUS AND GENERAL

Benefit of Order E+W+S

58.—(1) Subject to article 59 (transfer of benefit of Order, etc.) and paragraph (2), the provisions of this Order conferring functions on TfL have effect solely for the benefit of TfL.

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

Transfer of benefit of Order, etc. E+W+S

59.—(1) TfL may, regardless of any provision in any enactment, enter into agreements—

(a) to transfer, charge or otherwise dispose of to another person (“the transferee”) any interest of TfL in the authorised development or TfL's right to construct, maintain, use or operate the authorised development; or

(b) to grant to another person (“the grantee”) for a period agreed between TfL and the grantee any interest of TfL in the authorised development or TfL's right to construct, maintain, use or operate the authorised development; and

(c) that are connected with or consequential on any agreement entered into under sub-paragraph (a) or (b),

and, with the consent of the Mayor of London, TfL may provide for the transferee, the grantee or another person to exercise or be responsible for any functions of TfL relevant to those agreements, including any of its functions under this Order, either exclusively or concurrently with TfL or any other person.

(2) Any agreement referred to in paragraph (1) may provide (to the extent TfL considers necessary in connection with the design, construction, financing, funding, maintenance, use or operation of the authorised development) for—

(a) any matters that are connected with the matters referred to in that paragraph or are consequential on them;

(b) the financing or defraying of, or the making of contributions by TfL or by any other person towards, the cost of designing, constructing, maintaining, using or operating the authorised development;

(c) TfL to provide services and facilities to the transferee, grantee or any other person on such terms (including as to payment) as the parties think fit; and

(d) TfL or the transferee, grantee or any other person to provide guarantees, indemnities or any other form of security.

(3) Where an agreement has been made under paragraph (1), references in this Order, or in any document certified under article 65 (certification of documents), to TfL are to be read as including references to the transferee, the grantee or any other person who may exercise, enjoy or be responsible for any functions of TfL pursuant to that agreement.

(4) Paragraph (3) does not apply to—

(a) the code of construction practice mentioned in paragraph 5 of Schedule 2 (requirements); and

(b) references to “the TfL Board” in Procedure 1 and Procedure 2 of the charging policy.

(5) The exercise by any person further to any agreement made under paragraph (1), of the functions conferred by or under this Order or any other enactment, is subject to the same restrictions, liabilities and obligations as would apply by or under this Order if those powers were exercised by TfL.

(6) Subject to paragraph (7), any consent given by the Mayor of London under paragraph (1) may be given subject to such reasonable terms and conditions as the Mayor considers appropriate in the circumstances.

(7) The Mayor of London must not give consent under paragraph (1) to any proposal for the transfer of any compulsory acquisition or temporary possession function unless the Secretary of State has certified in writing that the Secretary of State is satisfied that the person proposed to exercise or be responsible for that function has sufficient resources to discharge all associated compensation liabilities.

(8) TfL must within 10 business days after entering into an agreement under paragraph (1) in relation to which any functions of TfL in respect of the deemed marine licence granted by article 62 are transferred to another party, notify the MMO in writing, and the notice must include particulars of the other party to the agreement under paragraph (1) and details of the extent, nature and scope of the functions transferred or otherwise dealt with which relate to the deemed marine licence granted under article 62.

(9) In this article—

(a) “compulsory acquisition or temporary possession function” means any function of TfL under articles 19, 22, 23, 27, 28, 29 and 30;

(b) “functions” means statutory and other powers, duties, rights, interests and obligations;

(c) references to the authorised development include references to any land held in connection with the authorised development; and

(d) references to the authorised development include references to the provisions of this Order relating to the use and operation of the Blackwall Tunnel.

Application of landlord and tenant law E+W+S

60.—(1) This article applies to any agreement entered into by TfL under article 59 (transfer of benefit of Order, etc.) so far as it relates to the terms on which any land is subject to a lease granted by or under that agreement.

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

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

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

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

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

Traffic regulation measures E+W+S

61.—(1) Subject to the provisions of this article, TfL may, for the purposes of the authorised development—

(a) make provision, in respect of those roads specified in column (2) of Part 1 of Schedule 11 (traffic regulation measures, etc.), as to the speed limit and restricted road status of those roads as specified in column (3) of that Part of that Schedule;

(b) make provision, in respect of those roads specified in column (2) of Part 2 of Schedule 11, as to the clearway status of, and the application of other prohibitions to, those roads as specified in column (3) of that Part of that Schedule;

(c) make provision, in respect of those roads specified in column (2) of Part 3 of Schedule 11, as to prescribed routes to apply to those roads as specified in column (3) of that Part of that Schedule;

(d) in respect of those roads specified in column (2) of Part 4 of Schedule 11, revoke or vary the orders specified in column (3) of that Part of that Schedule in the manner specified in column (4) of that Part of that Schedule;

(e) vary the orders specified in column (2) of Part 5 of Schedule 11 in the manner specified in column (3) of that Part of that Schedule; and

(f) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by TfL under this paragraph.

(2) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 M86 when used in accordance with regulation 3(5) of those regulations.

(3) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, TfL may, in so far as necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance and operation 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;

(c) authorise the use as a parking place of any road;

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

(e) permit 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 TfL.

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

(5) TfL must not exercise the powers conferred by paragraph (1) or (3) unless TfL has—

(a) given not less than—

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

(ii) 4 weeks' notice in writing of TfL's 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 traffic authority in whose area the road is situated and that notice must include the time periods within which the traffic authority may specify the manner in which, under sub-paragraph (b), TfL must advertise its intention to exercise the powers conferred by paragraph (1) or (3); and

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

(6) Any prohibition, restriction or other provision made by TfL under paragraph (1) or (3)—

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

(i) the 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) 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;

(b) is deemed to be a traffic order for the purposes of, as the case may be—

(i) Schedule 7 (road traffic contraventions subject to civil enforcement) to the 2004 Act; or

(ii) Part 2 (bus lanes) to the London Local Authorities Act 1996 M87 ; and

(c) must be advertised in the same manner as TfL's intention to make the prohibition, restriction or other provision was under paragraph (5)(b).

(7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by TfL from time to time by subsequent exercise of the powers conferred by paragraph (1) or (3) within a period of 24 months from the opening of the Silvertown Tunnel for public use.

(8) Before exercising the powers conferred by paragraphs (1) or (3) TfL must consult such persons as TfL considers necessary and appropriate and have regard to the representations made to TfL by any such person.

(9) In the case of Saffron Avenue as identified in Part 2 of Schedule 11 (traffic regulation measures, etc.) (and shown on sheet 4 of the traffic regulation measures (clearways and prohibitions) plans), the powers conferred by this article cannot be exercised by TfL without the consent of the owner of that road.

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

Marginal Citations

M86 S.I. 2011/935.

M87 1996 c. ix.

Deemed marine licence E+W+S

62.  The marine licence set out in Schedule 12 (deemed marine licence) is deemed to have been issued under Part 4 of the 2009 Act for the licensed activities set out in Part 1, and subject to the licence conditions set out in Part 2, of that licence.

Defence to proceedings in respect of statutory nuisance E+W+S

63.—(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 M88 in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if—

(a) the defendant shows that the nuisance—

(i) relates to premises used by TfL for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974 M89 ;

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

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

(2) Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by TfL for the purposes of or in connection with the construction or maintenance of the authorised development.

Marginal Citations

M88 1990 c. 43; there are amendments that are not relevant to this Order.

M89 1974 c. 40. Sections 61(9) and 65(8) were amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environmental Protection Act 1990 (c. 25). There are other amendments to the 1974 Act which are not relevant to this Order.

Protective provisions E+W+S

64.  Schedule 13 (protective provisions) has effect.

Certification of documents E+W+S

65.—(1) As soon as practicable after the making of this Order, TfL must submit copies of each of the plans and documents set out in Schedule 14 (documents to be certified) to the Secretary of State for certification as true copies of those plans and documents.

(2) Where any plan or document set out in Schedule 14 requires to be amended to reflect the terms of the Secretary of State's decision to make this Order, that plan or document in the form amended to the Secretary of State's satisfaction is the version of the document required to be submitted for certification under paragraph (1).

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

(4) TfL must, following certification of the plans and documents in accordance with paragraph (1), make those plans and documents available in electronic form for inspection by members of the public.

Silvertown Tunnel Implementation Group E+W+S

66.—(1) TfL must establish and fund the reasonable secretarial and administrative costs of a consultative body to be known as the Silvertown Tunnel Implementation Group (in this Order referred to as “ STIG”).

(2) STIG will comprise one representative of each of the following bodies—

(a) TfL;

(b) the GLA;

(c) the Council of the London Borough of Barking and Dagenham;

(d) the Council of the London Borough of Bexley;

(e) the Council of the London Borough of Bromley;

(f) the City of London Corporation;

(g) the Council of the Royal Borough of Greenwich;

(h) the Council of the London Borough of Hackney;

(i) the Council of the London Borough of Lewisham;

(j) the Council of the London Borough of Newham;

(k) the Council of the London Borough of Redbridge;

(l) the Council of the London Borough of Southwark;

(m) the Council of the London Borough of Tower Hamlets;

(n) the Council of the London Borough of Waltham Forest; and

(o) Highways England, or any other person which in place of Highways England—

(i) is for the time being the traffic authority for the Dartford river crossings between Dartford, Kent and Thurrock, Essex; or

(ii) is for the time being the traffic authority for the proposed new river crossing known as the Lower Thames Crossing east of Gravesend, Kent and Tilbury, Essex, if the crossing is granted development consent under the 2008 Act.

(3) Each body mentioned in paragraph (2)(b) to (2)(o) above must notify TfL of the identity of its nominated representative.

(4) If any person nominated under paragraph (3) cannot attend a STIG meeting, the nominating body may nominate a person (on an occasional or standing basis, as it determines) to act as the nominating body's substitute representative at the meeting.

(5) TfL must consult the other members of STIG on the following matters relating to implementation of the authorised development—

(a) the extent, nature and duration of monitoring to be implemented in accordance with the monitoring and mitigation strategy;

(b) the proposals for the initial bus services that will operate through the tunnels when the Silvertown Tunnel opens for public use;

(c) the monitoring reports produced in accordance with the monitoring and mitigation strategy;

(d) any proposed revisions to the charging policy under article 53 (the charging policy); and

(e) the level of charges required to be paid for use of the tunnels under article 54 (power to charge for use of the tunnels) and any exemptions and discounts.

(6) In taking any decision in respect of any of the matters set out in paragraph (5), TfL must have regard to any recommendations or representations made by a member of STIG in response to the consultation carried out under that paragraph.

(7) Unless otherwise agreed by STIG, TfL must convene a meeting of STIG, chaired by a representative elected by the members of STIG, at least twice a year on a date to be determined by TfL, including on each occasion that TfL publishes a monitoring report in accordance with the monitoring and mitigation strategy.

(8) The first meeting of STIG must be held not less than three years before the date on which the Silvertown Tunnel is expected to open for public use.

(9) Part VA (access to meetings and documents of certain authorities, committees and sub-committees) of the Local Government Act 1972 M90 and the Public Bodies (Admission to Meetings) Act 1960 M91 do not apply to STIG or to its meetings or proceedings.

(10) TfL must publish on its website agendas, reports, minutes and other relevant documents relating to the operation of STIG as soon as reasonably practicable after they become available.

Marginal Citations

M90 1972 c. 70.

M91 1960 c. 67.

Service of notices E+W+S

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

(a) by post;

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

(c) with the consent of the recipient and subject to paragraphs (5) to (8) by electronic transmission.

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

(3) For the purposes of section 7 (references to service by post) of the Interpretation Act 1978 M92 as it applies for the purposes of this article, the proper address of any person in relation to the service on that person of a notice or document under paragraph (1) is, if that person has given an address for service, that address, and otherwise—

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

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

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

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

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

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

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

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

(c) the notice or document is legible in all material respects; and

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

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

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

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

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

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

(9) This article must not be taken to exclude the employment of any method of service not expressly provided for by it.

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

Marginal Citations

M92 1978 c. 30.

Arbitration E+W+S

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

Consents, agreements and approvals E+W+S

69.—(1) Where any application is made to a relevant authority, the consent, agreement or approval concerned must, if given, be given in writing and is not to be unreasonably withheld or delayed.

(2) If a relevant authority which has received an application fails to notify TfL of its decision before the end of the period of 28 days beginning with the date on which the application was received, the relevant authority is deemed to have given its consent, agreement or approval, as the case may be.

(3) Any application to which this article applies must include a written statement that the provisions of paragraph (2) apply to that application.

(4) In this article—

“application” means an application or request for any consent, agreement or approval required or contemplated by articles 6 (street works), 8 (construction and maintenance of new, altered or diverted streets), 10 (temporary stopping up and restriction of use of streets), 11 (access to works), 16 (authority to survey and investigate land) and 61 (traffic regulation measures); and

“relevant authority” means a planning authority, a traffic authority, a highway authority or a street authority.

Signed by authority of the Secretary of State for Transport

Natasha Kopala

Head of the Transport and Works Act Orders Unit

Department for Transport

10th May 2018

SCHEDULES

Articles 2, 4 and 29

SCHEDULE 1 E+W+S AUTHORISED DEVELOPMENT

In—

• the Royal Borough of Greenwich in respect of part of Work No. 1 and the whole of Work Nos. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14; and

• in the London Borough of Newham in respect of part of Work No. 1 and the whole of Work Nos. 15, 16, 17, 18, 19, 20A and 20B,

a development which, in accordance with a direction made by the Secretary of State for Transport on 25 June 2012 under section 35 M93 (directions in relation to projects of national significance) of the 2008 Act, is development for which development consent is required, and associated development within the meaning of section 115(2) M94 (development for which development consent may be granted) of the 2008 Act, comprising—

Marginal Citations

M93 As substituted by section 26(1) and (2) of the Growth and Infrastructure Act 2013 (c. 27).

M94 Section 115(2) was amended by section 160(1) and (3) of the Housing and Planning Act 2016 (c. 22). There are other amendments to section 115(2) but none are relevant.

Work No. 1 – shown on sheets 1, 2 and 3 of the works plans and being the construction of a twin bore highway tunnel for a length of 1,440 metres from a portal on the Greenwich peninsula in the Royal Borough of Greenwich, and passing beneath the river Thames, to a portal in Silvertown in the London Borough of Newham, to include—

(a) the construction of a section of cut and cover tunnel, between its portal on the Greenwich peninsula (the South Portal) and the tunnel-boring machine launch chamber located on the Greenwich peninsula, and comprising either a cellular tunnel or two tunnels, one for northbound traffic and one for southbound traffic with two-lane carriageways in each direction, and including the south portal and cross-passages connecting the two tunnels;

(b) the construction of a section of bored tunnel, comprising two tunnels, one for northbound traffic and one for southbound traffic, with two-lane carriageways in each direction, between the tunnel-boring machine launch chamber located in Silvertown and the tunnel-boring machine launch chamber located on the Greenwich peninsula, including cross-passages connecting the two tunnels;

(c) the construction of a section of cut and cover tunnel between its portal in Silvertown (the North Portal) and the tunnel-boring machine launch chamber located in Silvertown, and comprising either a single cellular tunnel or two tunnels, one for northbound traffic and one for southbound traffic with two-lane carriageways in each direction, and including the north portal and cross-passages connecting the two tunnels;

(d) the construction of an anti-recirculation wall at the South Portal;

(e) the construction of two tunnel-boring machine launch chambers, one in the London Borough of Newham (Silvertown) and one in the Royal Borough of Greenwich (Greenwich peninsula); and

(f) the construction (and subsequent removal on completion of construction of the authorised development) of a temporary decked car park situated on land lying between West Parkside and Millennium Way, and being required in consequence of the construction of Work Nos. 1 (a) and (d) (Greenwich peninsula) to provide replacement car parking facilities for the O2 Arena during construction of the authorised development.

Work No. 2 – shown on sheet 1 of the works plans and being the improvement of the existing two-lane A102 Blackwall Tunnel southern approach southbound carriageway over a length of 595 metres from a point 260 metres south of the existing Blackwall Tunnel Southbound South Portal to a point 20 metres south of the existing gantry on the existing slip road leading to Millennium Way, to include—

(a) the improvement of the existing A102 Blackwall Tunnel southern approach southbound two-lane carriageway;

(b) the construction of retaining walls of varying heights in highway verges to retain the A102 Blackwall Tunnel southern approach southbound carriageway;

(c) the construction of a new overbridge to carry the realigned A102 Blackwall Tunnel southern approach southbound two-lane carriageway over the proposed Silvertown Tunnel southern approach northbound carriageway (Work No. 5);

(d) the widening of the existing A102 Blackwall Tunnel southern approach southbound carriageway to create new two lanes and a weaving section between the Silvertown Tunnel southern approach southbound carriageway (Work No. 6) and the existing diverge slip road leading to Millennium Way (Work No. 7);

(e) the improvement of the central reservation between the improved A102 Blackwall Tunnel southern approach northbound and southbound carriageways;

(f) the construction of new cross-over facilities in the central reservation;

(g) the construction of new overhead signage and traffic management equipment gantries;

(h) the construction of new access and egress for premises known as Studio 338, as shown on sheet 1 of the rights of way and access plans;

(i) the provision of an improved non-motorised user route alongside the improved A102 Blackwall Tunnel southern approach southbound carriageway;

(j) the provision of planting and landscaping;

(k) the removal of an existing gas pressure reduction station; and

(l) the removal of redundant existing gantries.

Work No. 3 – shown on sheet 1 of the works plans and being the improvement of the existing two-lane A102 Blackwall Tunnel southern approach northbound carriageway over a length of 500 metres from a point level with the existing gantry on the existing southbound diverge slip road leading to Millennium Way to its tie-in with the existing carriageway at a point 65 metres north of the existing Blackwall Tunnel Gatehouse, to include—

(a) the improvement of the existing two-lane A102 Blackwall Tunnel southern approach northbound carriageway;

(b) the widening of the existing A102 Blackwall Tunnel southern approach northbound carriageway to accommodate a new two-lane diverge slip road to the northbound carriageway of the proposed Silvertown Tunnel southern approach northbound (Work No. 5);

(c) works associated with the improvement of the central reservation between the improved A102 Blackwall Tunnel southern approach northbound and southbound carriageways (Work No. 2(e));

(d) works associated with the construction of new cross-over facilities in the central reservation (Work No. 2(f));

(e) works associated with the construction of new overhead signage and traffic management equipment gantries (Work No. 2(g));

(f) the provision of planting and landscaping; and

(g) the removal of redundant existing gantries.

Work No. 4 – shown on sheet 1 of the works plans and being the works required for the improvement of the existing Tunnel Avenue from a point 65 metres south of a point level with the junction of the existing Tunnel Avenue with Morden Wharf Road, to a point adjacent to the location of the existing Blackwall Tunnel Gatehouse, to include—

(a) works to improve the alignment of the existing Tunnel Avenue to provide a segregated and independent local two-way carriageway over a length of 485 metres;

(b) the construction of new (replacement) private means of access to local business premises as shown on sheet 1 of the rights of way and access plans, and replacement car parking;

(c) the construction of an improved bus-only access to, and operational egress from, the A102 Blackwall Tunnel southern approach northbound carriageway (Work No. 3);

(d) the construction of a new hardened verge between the improved Tunnel Avenue and the A102 Blackwall Tunnel southern approach northbound carriageway (Work No. 3);

(e) the construction of new overhead signage and traffic management equipment gantries;

(f) the removal of redundant existing gantries; and

(g) the provision of improved non-motorised user route alongside the improved Tunnel Avenue.

Work No. 5 – shown on sheet 1 of the works plans and being the construction of a new two-lane carriageway over a length of 150 metres, forming the proposed Silvertown Tunnel southern approach northbound carriageway from the proposed diverge nosing (from Work No. 3) to the proposed South Portal of the Silvertown Tunnel (Greenwich), to include—

(a) the construction of a two-lane open-cut carriageway, with a retaining wall of varied height in the western verge, passing under the new overbridge carrying the improved A102 Blackwall Tunnel southern approach southbound carriageway (Work No. 2);

(b) the construction of a ground slab beneath the carriageway; and

(c) the construction of a new cross-over facility in the central reservation.

Work No. 6 – shown on sheet 1 of the works plans and being the construction of a new two-lane carriageway over a length of 160 metres, forming the proposed Silvertown Tunnel southern approach southbound carriageway from the proposed South Portal of the Silvertown Tunnel (Greenwich) to the proposed merge nosing with the improved A102 Blackwall Tunnel southern approach southbound carriageway (Work No. 2), to include—

(a) the construction of a two-lane open-cut carriageway with a retaining wall of varied height in the eastern verge and maintenance access;

(b) the construction of a ground slab beneath the carriageway; and

(c) the construction of a new cross-over facility in the central reservation.

Work No. 7 – shown on sheet 1 of the works plans and being the improvement of 45 metres of the A102 Blackwall Tunnel southern approach southbound carriageway two-lane diverge slip road leading to the existing Millennium Way, to include works to tie in the improved highway with the existing highway.

Work No. 8 – shown on sheet 1 of the works plans and being the construction of a new cross-over between the northbound and southbound carriageways of the improved A102 Blackwall Tunnel southern approach (Work Nos. 2 and 3).

Work No. 9 – shown on sheet 1 of the works plans and being the construction of a new bus-only carriageway, with a combined length of 185 metres, linking the existing A102 Blackwall Tunnel southern approach southbound carriageway with the existing northbound carriageway of Millennium Way and linking to the new bus-only carriageway (Work No. 10), including—

(a) the construction of diverge bus-only access carriageway from the existing A102 Blackwall Tunnel southern approach southbound carriageway (to the north of Work No. 2);

(b) the construction of a new bus-only carriageway with a length of 35 metres providing a direct link between the new bus-only diverge from the southbound A102 Blackwall Tunnel southern approach carriageway (Work No. 9(a)) and the new bus-only merge to the northbound Silvertown Tunnel southern approach (Work No. 10); and

(c) the construction of a new junction for a bus-only egress onto the existing northbound carriageway of Millennium Way.

Work No. 10 – shown on sheet 1 of the works plans and being the improvement of the existing Pavilion Lane to provide a new bus-only carriageway, over a length of 215 metres linking the existing northbound carriageway of Millennium Way with the northbound carriageway of the proposed Silvertown Tunnel southern approach (Work No. 5), to include—

(a) the construction of a new bus-only junction to provide access from the existing northbound carriageway of Millennium Way;

(b) the construction of a new carriageway and a retaining wall of varied height in the eastern verge with maintenance access;

(c) the construction of a new bus-only junction to provide access to the proposed Silvertown Tunnel southern approach northbound carriageway (Work No. 5);

(d) the construction of a ground slab beneath the carriageway;

(e) the construction of a drainage attenuation tank and associated infrastructure; and

(f) the construction of a replacement private means of access to an existing electricity substation, from the northbound carriageway of the existing Millennium Way, as shown on sheet 1 of the rights of way and access plans.

Work No. 11 – shown on sheet 1 of the works plans and being the construction of a new Boord Street foot and cycle bridge to provide access for non-motorised users across the A102 Blackwall Tunnel southern approach and Tunnel Avenue in the vicinity of the western end of Boord Street, to include—

(a) works to remove the existing Boord Street footbridge;

(b) the construction of a new bridge deck and parapets spanning over the improved A102 Blackwall Tunnel southern approach southbound and northbound carriageways (Work Nos. 2 and 3) and Tunnel Avenue (Work No. 4);

(c) the construction of ramps and staircases to serve the new foot and cycle bridge; and

(d) the construction of a non-motorised user route across the proposed new Boord Street foot and cycle bridge as shown on sheet 1 of the rights of way and access plans.

Work No. 12 – shown on sheet 1 of the works plans and being the works associated with the construction of a Silvertown Tunnel services compound in the vicinity of the South Portal (Greenwich), to include—

(a) the construction of tunnel services buildings;

(b) the construction of a new private means of access to the tunnel services compound from the existing northbound carriageway of Millennium Way, as shown on sheet 1 of the rights of way and access plans;

(c) the construction of internal access roads and operational parking facilities;

(d) the construction of replacement private means of access to land surrounding the existing gasholder, from the existing northbound carriageway of Millennium Way, as shown on sheet 1 of the rights of way and access plans;

(e) the provision of security fencing and bollards; and

(f) the provision of landscaping.

Work No. 13 – shown on sheet 1 of the works plans and being the construction of a replacement gas pressure reduction station (PRS) (removed under Work No. 2) at a location to the west of the existing northbound carriageway of Millennium Way, including a new private means of access as shown on sheet 1 of the rights of way and access plans.

Work No. 14 – shown on sheet 1 of the works plans and being the permanent diversion of statutory undertakers' apparatus and works associated with such diversions, located in Boord Street and Millennium Way.

Work No. 15 – shown on sheet 3 of the works plans and being the construction of the new Silvertown Tunnel northern approach, to include—

(a) the improvement of a length of 140 metres of the existing northbound and southbound two-lane standard carriageways of the A1020 Lower Lea Crossing from the point at which it crosses the DLR to its junction with the improved Tidal Basin Roundabout (Work No. 16);

(b) the construction of a two-lane carriageway over a length of 70 metres forming the new southbound carriageway of the Silvertown Tunnel northern approach, crossing through the improved Tidal Basin Roundabout (Work No. 16);

(c) the construction of a new open-cut highway over a length of 220 metres with two-lane carriageways in each direction from the junction with the improved Tidal Basin Roundabout (Work No. 16) to the proposed North Portal of the Silvertown Tunnel (Silvertown) (Work No. 1) and with retaining walls of varied height in both verges;

(d) the construction of an anti-recirculation wall at the North portal;

(e) the construction of a ground slab beneath the carriageway;

(f) the construction of a new central reservation between the northbound and southbound carriageways of the new Silvertown Tunnel northern approach, including a new cross-over facility;

(g) the construction of a new overhead signage and traffic management equipment gantry;

(h) the construction of an improved non-motorised user route along the improved A1020 Lower Lea Crossing with crossing points;

(i) the construction of a new slip road from the southbound carriageway of the improved A1020 Lower Lea Crossing linking to the improved Tidal Basin Roundabout (Work No. 16);

(j) the construction of a new slip road between the existing A1020 Silvertown Way northbound off-slip and the new Silvertown Tunnel northern approach southbound carriageway; and

(k) the construction of drainage attenuation tanks and associated infrastructure behind the retaining walls of the open cut section of the new Silvertown Tunnel northern approach.

Work No. 16 – shown on sheet 3 of the works plans and being the improvement of the existing Tidal Basin Roundabout for a length of 415 metres, to include—

(a) the construction of an improved, signalised three-lane roundabout gyratory section;

(b) the construction of an improved private means of access to the DLR assets, as shown on sheet 3 of the rights of way and access plans;

(c) the construction of an improved private means of access to existing statutory undertakers' apparatus, as shown on sheet 3 of the rights of way and access plans;

(d) the construction of an improved and signal-controlled non-motorised user route around and across the improved Tidal Basin Roundabout; and

(e) the construction of a drainage attenuation tank and associated infrastructure within the improved Tidal Basin Roundabout.

Work No. 17 – shown on sheet 3 of the works plans and being the works associated with the construction of a Silvertown tunnel services compound in the vicinity of the North Portal (Silvertown), to include—

(a) the construction of tunnel services buildings;

(b) the construction of a new private means of access to the tunnel services compound from the realigned Dock Road (Work No. 18) as shown on sheet 3 of the rights of way and access plans;

(c) the construction of internal access roads and operational parking facilities;

(d) the construction of a drainage attenuation tank and associated infrastructure to the west of the proposed Silvertown Tunnel northern approach (Work No, 15);

(e) the provision of security fencing and bollards; and

(f) the provision of landscaping.

Work No. 18 – shown on sheet 3 of the works plans and being the construction of Dock Road on a new alignment, for a length of 430 metres, to include—

(a) the construction of a new two-lane highway with a single carriageway in each direction, from a point adjacent to the existing stairs from Dock Road to Silvertown Way, to a junction with the improved Tidal Basin Roundabout (Work No. 16), and including a length of new highway leading to the new private means of access to the tunnel services compound (Work No. 17(b));

(b) the construction of new non-motorised user routes including pedestrian and cyclist crossings;

(c) the construction of replacement private means of accesses to local business premises, as shown on sheet 3 of the rights of way and access plans;

(d) the construction of a new junction with Scarab Close as shown on sheet 3 of the rights of way and access plans including a new retaining wall of varying height to support the existing DLR embankment; and

(e) the construction of a drainage attenuation tank and associated infrastructure to the west of the proposed Silvertown Tunnel northern approach (Work No. 15) including a new drainage outfall connecting to the existing drainage culvert passing beneath the existing DLR embankment.

Work No. 19 – shown on sheet 3 of the works plans and being the improvement to the existing Tidal Basin Road for a length of 280 metres, to include resurfacing works to the existing Tidal Basin Road from the junction with the improved Tidal Basin Roundabout (Work No. 16) to the existing junction with the A1011/A1020 Silvertown Way southbound carriageway.

Work No. 20A – shown on sheet 3 of the works plans and being the construction (and subsequent removal on completion of construction of the authorised development) of a temporary jetty for the transportation of materials associated with the construction of the authorised development, adjacent to the existing Royal Victoria Dock outfall on the north bank of the river Thames in the area known as Thames Wharf, comprising—

(a) the jetty; and

(b) related dredging works and construction operations (including piling and scour preventative and remedial works) within the river Thames,

and associated works required for strengthening of the existing river wall; all such works and operations to be within the area delineated in relation to Work No. 20A and shown on sheet 3 of the works plans.

Works No. 20B – shown on sheet 3 of the works plans and comprising—

(a) dredging works and construction operations (including piling and scour preventative and remedial works) within the river Thames;

(b) the placing of any mooring buoy, or any buoy for navigation or other purposes;

(c) associated works required for strengthening of the existing river wall related to Work No. 20B; and

(d) the alteration, cleaning, modification and refurbishment of the existing NAABSA (Not Always Afloat But Safely Aground) berth to enable it to be used in connection with the construction of the authorised development,

all such works and operations to be within the area delineated in relation to Work No. 20B and shown on sheet 3 of the works plans.

And for the purposes of or in connection with the construction of any of the works and other development mentioned above, ancillary or related development consisting of—

(a) works within highways, including—

(i) alteration of the layout of any street permanently or temporarily, including increasing the width of the carriageway of any street by reducing the width of any kerb, footway, cycleway, or verge within the street; and altering the level or increasing the width of any such kerb, footway, cycleway or verge within the street, works for the strengthening, improvement, repair, maintenance or reconstruction of any street;

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

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

(iv) works to place, alter, remove or maintain street furniture or apparatus (including statutory undertakers' apparatus) in, under or above a street, including mains, sewers, drains, pipes, cables, cofferdams, lights, fencing and other boundary treatments;

(b) works within the river Thames (to the extent that they are situated within the Order limits) to—

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

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

(iii) carry out dredging, which may include such dredging works as may be required to provide side slopes or otherwise secure the dredged area against situation, scouring or collapse;

(iv) use, appropriate, sell, deposit or otherwise dispose of any materials (including liquids but excluding any wreck within the meaning of the Merchant Shipping Act 1995 M95 ) obtained in carrying out any such operations;

(v) remove or relocate any mooring (including NAABSAs (Not Always Afloat But Safely Aground) being berths in tidal waters, which are exposed at low water);

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

(vii) temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the river, and in the event that the level of any part of the bed of the river is of a depth exceeding 5.80 metres below chart datum, re-establish the affected part of the bed of the river to that level in accordance with approval given by the PLA under paragraph 34 of Schedule 13 (protective provisions); and

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

(c) other works and development—

(i) for the strengthening, alteration or demolition of any building;

(ii) to place, alter, divert, relocate, protect, remove or maintain services, plant and other apparatus and equipment belonging to statutory undertakers, utility companies and others in, under or above land, including mains, sewers, drains, pipes, cables, lights, cofferdams, fencing and other boundary treatments including bollards;

(iii) ramps, steps, footpaths, footways, cycle tracks, cycleways, bridleways, equestrian tracks, non-motorised user routes or links, byways open to all traffic and crossing facilities;

(iv) embankments, viaducts, bridges, aprons, abutments, shafts, foundations, retaining walls, drainage works, outfalls, pollution control devices, pumping stations, culverts, wing walls, fire suppression system water tanks and associated plant and equipment, highway lighting and fencing;

(v) settlement mitigation measures for the benefit or protection of, or in relation to, any land, building or structure, including monitoring and safeguarding of existing infrastructure, utilities and services affected by the authorised development;

(vi) to alter the course of, or otherwise interfere with, navigable or non-navigable watercourses;

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

(viii) areas of hard or soft landscaping works, or public realm, at various locations adjacent to the proposed highway and associated works;

(ix) site preparation works, site clearance (including fencing and other boundary treatments, vegetation removal, works of demolition, including demolition of existing structures, and the creation of alternative highways or footpaths) and earthworks (including soil stripping and storage and site levelling);

(x) construction compounds and working sites, temporary structures, storage areas (including storage of spoil and other materials), temporary vehicle parking, construction fencing, perimeter enclosure, security fencing, construction-related buildings, temporary worker accommodation facilities, welfare facilities, office facilities, other ancillary accommodation, construction lighting, haulage roads and other buildings, machinery, apparatus, works and conveniences;

(xi) service compounds, plant and equipment rooms, offices, staff mess rooms, welfare facilities, and other ancillary and administrative accommodation;

(xii) for the benefit or protection of the authorised development; and

(xiii) of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the construction, operation or maintenance of the authorised development which do not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement.

Marginal Citations

M95 1995 c. 21.

Article 4

SCHEDULE 2 E+W+S REQUIREMENTS

PART 1 E+W+S REQUIREMENTS

Interpretation E+W+S

1.  In this Part of this Schedule—

“the biodiversity action plan and mitigation strategy” means the biodiversity action plan and mitigation strategy contained in appendix 9.H of the environmental statement;

“the bus strategy” means the document of that description set out in Schedule 14 (documents to be certified) certified by the Secretary of State as the bus strategy for the purposes of this Order;

“the code of construction practice” means the document of that description set out in Schedule 14 certified by the Secretary of State as the code of construction practice for the purposes of this Order and which sets a framework to control impacts arising from construction of the authorised development;

“the design principles” means the document of that description set out in Schedule 14 certified by the Secretary of State as the design principles for the purposes of this Order and which set out the principles for the detailed design of the authorised development;

“the flood risk assessment” means the revised flood risk assessment contained in substituted appendix 16.A of the environmental statement;

“the landscaping plan” means the plan of that description set out in Schedule 14 certified by the Secretary of State as the landscaping plan for the purposes of this Order and which set out the proposed landscaping to be implemented as part of the authorised development;

“the Silvertown Tunnel Design Review Panel” means the panel set up and administered by Urban Design London to provide design assurance throughout the detailed design process for the authorised development, whose terms of reference are attached to the design principles; and

“the Silvertown Tunnel Stakeholder Design Consultation Group” means the group set up and administered by TfL to provide stakeholders with an opportunity to comment on the external appearance of the above ground elements of the authorised development throughout the detailed design process for the authorised development, whose terms of reference are attached to the design principles.

Time limit for commencement of the authorised development E+W+S

2.  The authorised development must commence within 5 years of the date on which this Order comes into force.

Design principles and design review panel E+W+S

3.—(1) The authorised development must be designed and implemented—

(a) in accordance with the design principles; and

(b) in general accordance with the general arrangement plans.

(2) TfL must consult with—

(a) the Silvertown Tunnel Design Review Panel; and

(b) the Silvertown Tunnel Stakeholder Design Consultation Group,

during the detailed design of the authorised development and in the manner provided for by the design principles and have regard to the responses received.

Detailed design of above ground buildings and structures E+W+S

4.—(1) Construction of each part of the authorised development specified in column (1) of the table below must not commence until the details of the elements specified in relation to that part in column (2) of that table have been submitted to and approved in writing by the relevant planning authority.

(1) Part of the authorised development	(2) Elements to be approved
Work No. 1(d)	External appearance
Work No. 5(a)	External appearance of the retaining wall
Work No. 6(a)	External appearance of the retaining wall
Work No. 10(b)	External appearance of the retaining wall
Work No. 11(b)	Siting, design and external appearance
Work No. 11(c)	Siting, design and external appearance
Work No. 12(a)	Siting, design and external appearance
Work No. 12(c)	Siting, design and external appearance of the operational parking facilities
Work No. 12(e)	Siting, design and external appearance
Work No. 13	Siting, design and external appearance
Work No. 15(c)	External appearance of the retaining walls
Work No. 15(d)	External appearance
Work No. 17(a)	Siting, design and external appearance
Work No. 17(c)	Siting, design and external appearance of the operational parking facilities
Work No. 17(e)	Siting, design and external appearance
Work No.18(d)	External appearance of the retaining wall
Any above ground permanent work constructed as ancillary or related development under paragraph(c)(i) – (xii) of Schedule 1 which constitutes a viaduct, bridge, retaining wall or wing wall, or under paragraph (c)(xiii) of Schedule 1 which constitutes a permanent above ground building or structure, and ordinarily would not benefit from planning permission granted under article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 M96 , unless otherwise agreed in writing between the relevant planning authority and TfL.	External appearance

(2) The authorised development must be carried out in accordance with details approved by the relevant planning authority under sub-paragraph (1).

Marginal Citations

M96 S.I. 2015/596.

Code of construction practice and related plans and strategies E+W+S

5.—(1) The authorised development must be carried out in accordance with the code of construction practice.

(2) No part of the authorised development may be commenced until the following plans and strategies, required by the code of construction practice, have been prepared for that part of the authorised development—

(a) Construction Site River Strategy: to be prepared in consultation with the relevant planning authority and the PLA;

(b) Emergency Plan: to be prepared in consultation with the local emergency services and the relevant planning authority;

(c) Fire Plan: to be prepared in consultation with the London Fire and Emergency Planning Authority;

(d) Lighting Management Plan: to be prepared in consultation with the relevant planning authority, the PLA and the Environment Agency; and

(e) Site Waste Management Plan: to be prepared in consultation with the relevant planning authority and the Environment Agency.

(3) No part of the authorised development may be commenced until the following plans and strategies, required by the code of construction practice, have been prepared for that part of the authorised development and approved by the relevant planning authority, the Environment Agency or the PLA (as the case may be)—

(a) Air Quality Management Plan: to be approved by the relevant planning authority including in the London Borough of Newham, such scheme of ventilation at the Hoola building as necessary to reduce the exposure of first floor residential accommodation to nitrogen oxide to acceptable levels;

(b) Archaeological Written Scheme of Investigation: to be prepared in consultation with Historic England and, in respect of any elements within the river Thames, the PLA and the MMO, and approved by the relevant planning authority;

(c) Community Engagement Plan: to be approved by the relevant planning authority;

(d) Construction Materials Management Plan incorporating commitments to river transport: to be approved by the relevant planning authority;

(e) Construction Traffic Management Plan: to be approved by the relevant planning authority, in consultation with the relevant highway authority;

(f) Ecology Management Plan: to be prepared in consultation with Natural England and approved by the relevant planning authority;

(g) Flood Warning and Evacuation Plan (which forms part of the Emergency Plan to be prepared under sub-paragraph (2)(b)): to be approved by the relevant planning authority, in consultation with the Environment Agency;

(h) Groundwater Monitoring and Verification Plan: to be approved by the Environment Agency;

(i) Noise and Vibration Management Plan: to be approved by the relevant planning authority;

(j) Passage Plan: to be approved by the PLA; and

(k) Construction Environmental Management Plan: to be approved in consultation with the relevant planning authority and the PLA

(4) The relevant highway authority for the purposes of sub-paragraph (3)(e) is each highway authority for the highways affected by the Construction Traffic Management Plan.

(5) The authorised development must be carried out in accordance with the plans and strategies prepared or approved under sub-paragraphs (2) and (3).

(6) TfL must make the plans and strategies prepared or approved under sub-paragraphs (2) and (3) available in an electronic form suitable for inspection by members of the public until the authorised development has been opened for public use.

Landscaping scheme E+W+S

6.—(1) No part of the authorised development may commence until a written landscaping scheme for that part has been submitted to and approved in writing by the relevant planning authority.

(2) A landscaping scheme prepared under sub-paragraph (1) must be in accordance with the landscaping plan and include details of hard and soft landscaping works, including—

(a) location, number, species, size and planting density of any proposed planting, including habitat creation in lieu of offsite biodiversity offsetting;

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

(c) the location and specification of routes for non-motorised users including provision of a bus stop to serve southbound buses in the re-aligned Tunnel avenue;

(d) proposed finished ground levels;

(e) hard surfacing materials;

(f) details of existing trees to be retained, with measures for their protection during the construction period; and

(g) implementation timetables for all landscaping works.

(3) Each part of the authorised development must be carried out in accordance with the relevant landscaping schemes approved under sub-paragraph (1).

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

(5) Any tree or shrub planted as part of a landscaping scheme that, within a period of 5 years after planting, is removed, dies or becomes, in the opinion of the relevant planning authority, seriously damaged or diseased, must be replaced in the first available planting season with a specimen of the same species and size as that originally planted.

Monitoring and mitigation strategy E+W+S

7.—(1) The provisions of this requirement must be carried out in accordance with the monitoring and mitigation strategy and TfL must otherwise comply with the obligations set out in that document.

(2) If the statutory powers vested in TfL in relation to highways and road traffic in Greater London are not sufficient to enable TfL to implement any mitigation measure which it is obliged to implement under this requirement, TfL must either—

(a) seek to agree with the council of the relevant London borough that TfL may implement that measure on behalf of the council; or

(b) if such an agreement cannot be reached, pay to that council a sum equivalent to—

(i) the estimated cost of the council implementing that measure, which the council must use for that purpose; or

(ii) the costs reasonably incurred by the council in implementing an alternative measure in the same location which the council determines will mitigate the adverse impact attributable to the authorised development,

whichever is less.

(3) In this paragraph, “relevant air quality authority” means the council of a London Borough for an area in relation to which the expert review carried out under sub-paragraph (14) concludes that the authorised development has materially worsened air quality.

Pre-opening traffic measures

(4) Before the Silvertown Tunnel opens for public use TfL must carry out an updated assessment of the likely impacts of the authorised development on the performance of the highway network and must consult the members of STIG on a proposed scheme of mitigation which identifies—

(a) the locations on the highway network where the assessment demonstrates there is likely to be a material worsening of traffic conditions as a result of the operation of the authorised development;

(b) the measures which TfL proposes to mitigate the impacts of such a worsening of traffic conditions; and

(c) the proposed programme for implementation of those measures.

(5) TfL must have regard to any consultation responses received from STIG members and before finalising the scheme of mitigation must liaise further with the council of any London Borough on the detail of mitigation measures which it proposes to implement on roads in that Borough. TfL must then submit the scheme of mitigation to the Secretary of State for approval.

(6) The scheme of mitigation submitted to the Secretary of State for approval must include—

(a) details and locations of the proposed mitigation measures;

(b) responses to the consultation and further liaison carried out under sub-paragraphs (4) and (5);

(c) the estimated cost of implementing each measure; and

(d) the proposed programme for the implementation of those measures.

(7) The Silvertown Tunnel must not open for public use until the scheme of mitigation has been approved by the Secretary of State. If the Secretary of State proposes to approve the scheme of mitigation with material modifications, the Secretary of State must consult the members of STIG on the proposed modifications and have regard to any responses received when deciding whether to approve the scheme.

(8) TfL must implement or secure the implementation of the measures approved by the Secretary of State in accordance with the approved programme.

(9) The Secretary of State may, with the consent of the Mayor of London, delegate their functions under this paragraph to the Mayor of London.

Post-opening monitoring and mitigation

(10) For the duration of the monitoring period, TfL must—

(a) implement a monitoring programme in consultation with the members of STIG;

(b) prepare—

(i) quarterly monitoring reports for a period of one year from the Silvertown Tunnel opening for public use; and

(ii) annual monitoring reports thereafter,

derived from that monitoring, and submit them for consideration by the members of STIG;

(c) identify in consultation with the members of STIG appropriate thresholds for changes on the highway network which require TfL to investigate whether mitigation measures are necessary;

(d) develop in consultation with the relevant highway authority any measures which are necessary to mitigate adverse impacts on the highway network which are attributable to the operation of the authorised development; and

(e) implement or secure the implementation of the necessary mitigation measures.

(11) In sub-paragraph (10) “the monitoring period” means a period commencing not less than three years before the Silvertown Tunnel is expected to open for public use and continuing for not less than three years after the Silvertown Tunnel opens for public use.

Air quality monitoring and mitigation

(12) Not less than three years before the Silvertown Tunnel is expected to open for public use TfL must install Nitrogen Dioxide (“NO2”) monitors at locations determined in accordance with paragraph 3.7.4 of the monitoring and mitigation strategy.

(13) The NO2 monitors must remain in place for the period specified in paragraph 3.7.5 of the monitoring and mitigation strategy.

(14) The monitoring data within each annual monitoring report referred to in sub-paragraph (10) must be reviewed as soon as reasonably practicable by a firm of independent air quality experts appointed by TfL in consultation with the members of STIG. The annual review undertaken by the firm of experts must determine in accordance with the criteria set out in the monitoring and mitigation strategy whether or not there has been a material worsening of air quality as a result of the authorised development beyond the likely impacts reported within the environmental statement at locations where there are (whether as a result of the authorised development of otherwise) exceedances of national air quality objectives.

(15) If the review demonstrates in the opinion of the appointed firm of experts that the authorised development has materially worsened air quality in the manner described in sub-paragraph (14), TfL must—

(a) within three months of the conclusion of the expert review consult any relevant air quality authority on a preliminary scheme of mitigation including a programme for its implementation; and

(b) following that consultation submit a detailed scheme of mitigation to the Mayor of London for approval.

(16) Before considering whether to approve the scheme of mitigation, the Mayor of London must consult any relevant air quality authority and take into consideration any responses received.

(17) TfL must implement or secure the implementation of the scheme of mitigation approved by the Mayor of London in accordance with the programme contained in the approved scheme of mitigation.

Surface water drainage details E+W+S

8.—(1) No part of the authorised development which comprises any part of a surface water drainage system must commence until written details of that surface water drainage system have been submitted to and approved by the relevant planning authority.

(2) The surface water drainage system for the relevant part of the authorised development must be constructed in accordance with the details approved under sub-paragraph (1).

External lighting details E+W+S

9.—(1) No part of the authorised development is to be opened for public use until written details of any external lighting to be installed in connection with the operation of any building or other structure forming part of the authorised development have been submitted to and approved by the relevant planning authority.

(2) Each part of the authorised development must be carried out in accordance with the relevant details of the external lighting approved under sub-paragraph (1).

Signage strategy E+W+S

10.—(1) No part of the authorised development is to be opened for public use until a strategy for any highway signage to be installed on that part has been submitted to and approved by the relevant highway authority.

(2) The relevant highway authority for the purposes of sub-paragraph (1) is, in each case, the highway authority for the highway in relation to which the highway signage is to be installed.

(3) Each part of the authorised development must be carried out in accordance with the relevant strategy approved under sub-paragraph (1).

Flood risk assessment E+W+S

11.  The authorised development must be carried out in accordance with the flood risk assessment.

Operational noise mitigation measures E+W+S

12.—(1) No part of the authorised development may open for public use until a written scheme of proposed noise mitigation measures in respect of the use and operation of that part has been submitted to and approved in writing by the relevant planning authority following consultation with the relevant highway authority.

(2) The proposed measures submitted for approval under sub-paragraph (1) must provide—

(a) details of the noise barriers proposed;

(b) that any highway constructed or resurfaced as part of the authorised development will be surfaced with low noise surfacing to a TSCS standard or better, with the exception of the sections of highway within the Silvertown Tunnel and on the Silvertown Tunnel approaches where retaining walls of 1.8 metres or higher are located on either side of the carriageway, together with any other sections of highway which are recommended by a road safety audit to have an alternative surface; and

(c) details of the proposals for the retention and maintenance of the proposed noise mitigation measures.

(3) The approved noise mitigation measures must be implemented prior to the opening of the relevant part of the authorised development for public use and must be retained and maintained in accordance with the approved scheme.

(4) The relevant highway authority for the purposes of sub-paragraph (1) is, in each case, the highway authority for the highway in relation to which the noise mitigation is to be installed.

(5) The written details referred to in sub-paragraph (1) must either reflect the mitigation measures included in the environmental statement or, where the mitigation proposed materially differs from the mitigation identified in the environmental statement, TfL must provide evidence with the written details submitted that with the mitigation proposed, the authorised development would not give rise to any materially new or materially different environmental effects to those assessed in the environmental statement taking into account the mitigation identified in it.

(6) In this paragraph “TSCS” means thin surface course systems as defined by clause 942 of the Manual of Contract Documents for Highway Works, Volume 1 Specification for Highway Works.

Siebert Road and Westcombe Hill area noise barriers E+W+S

13.  Prior to the opening of the authorised development for public use, TfL must install noise barriers to protect properties in the Siebert Road, Invicta Road/Westcombe Hill area from the effects of traffic noise from the A102. Details of these barriers must be submitted to and approved by the local planning authority after consultation with local residents, before installation is commenced. The installation must be undertaken in the form approved.

Cross-river bus services E+W+S

14.—(1) TfL must secure a cross-river bus service provision using the tunnels which delivers the same or greater levels of public transport benefits (as quantified in the pre-Scheme Refreshed Case modelling) as those identified in the Assessed Case, as set out in the environmental statement, without any reduction in any other user benefits generated by the scheme and in any event the provision of not less than 20 buses per hour during peak periods in each direction through the tunnels for the duration of the monitoring period and thereafter must keep under review and secure the provision of bus services through the tunnels in accordance with the bus strategy and the objectives set out in that document.

(2) TfL must provide funding for concessionary bus travel to residents of the London Boroughs of Newham and Tower Hamlets and the Royal Borough of Greenwich in accordance with the bus strategy after the Silvertown Tunnel opens for public use.

(3) TfL must ensure that any bus ordinarily using the Silvertown Tunnel as part of a London local service must comply with the Euro VI emissions limits or with equivalent emissions standards.

(4) In this paragraph—

“bus” means a public service vehicle designed and constructed for the carriage of both seated and standing passengers;

“Euro VI emissions limits” means the emissions limits for heavy duty vehicles set out in Annex I to Regulation (EC) No 595/2009 of the European Parliament and of the Council (as amended by Annex XV of Commission Regulation (EU) No 582/2011);

“London local service” means a London local service which TfL has determined as being required under section 181 of the 1999 Act; and

“the monitoring period” means a period of not less than three years commencing on the date the Silvertown Tunnel opens for public use, which may be extended by TfL for up to two years if this is deemed necessary following consultation with the members of STIG in accordance with section 3.4 of the monitoring and mitigation strategy.

Cross-river cycle/pedestrian facilities E+W+S

15.—(1) TfL must secure the provision of enhanced river crossing facilities for cyclists and pedestrians between the Greenwich Peninsula and Canary Wharf and Silvertown for at least the duration of the monitoring period, whether by bus shuttles, ferry services and/or modified charging policy on the Air Line service.

(2) Details of such provisions must be submitted to and approved by the relevant local planning authorities prior to the opening of the authorised development for public use, and such scheme or schemes as may be approved must be retained for no less than the monitoring period unless agreed otherwise by the relevant local planning authorities.

Biodiversity action plan and mitigation strategy E+W+S

16.  The authorised development must be carried out in accordance with the biodiversity action plan and mitigation strategy.

Contaminated land E+W+S

17.—(1) No part of the authorised development may commence until a site investigation and risk assessment has been carried out to assess the nature and extent of contamination within any land on which intrusive groundworks in connection with that part of the authorised development are to be carried out.

(2) The site investigation and risk assessment carried out under sub-paragraph (1) must be—

(a) based on the preliminary risk assessment of contaminant sources, pathways and receptors contained in the environmental statement;

(b) carried out in accordance with the Department for Environment, Food and Rural Affairs' and the Environment Agency's “Model Procedures for the Management of Land Contamination” Contaminated Land Report 11 document, and must include—

(i) a survey of the nature, extent and scale of contamination within the relevant area;

(ii) an assessment of the potential risks to human health, property and other relevant receptors; and

(iii) an appraisal of remediation options and proposal of the preferred option where the site investigation and risk assessment indicates that remediation is required as a result of the proposed intrusive groundworks in order for the relevant area of land not to meet the definition of “contaminated land” under Part 2A (contaminated land) of the Environmental Protection Act 1990 M97 ; and

(c) supplied to the relevant planning authority as soon as reasonably practicable following its completion.

(3) Where the site investigation and risk assessment carried out under sub-paragraph (1) contains an appraisal of remediation options and proposal of the preferred option as required by sub-paragraph (2)(b)(iii), a remediation strategy must be submitted to and approved in writing by the relevant planning authority which must include—

(a) remediation measures required as a result of the proposed intrusive groundworks to ensure that the site will not meet the definition of “contaminated land” under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land following remediation; and

(b) a verification plan, providing details of the data to be collected in order to demonstrate that the works set out in the remediation scheme submitted for approval under this sub-paragraph are complete.

(4) The remediation strategy approved under sub-paragraph (3) must be implemented as part of the authorised development.

(5) Following the implementation of the remediation strategy approved under sub-paragraph (3), a verification report, based on the data collected as part of the remediation strategy and demonstrating the completion of the remediation measures must be produced and supplied to the relevant planning authority.

(6) Where the verification report produced under sub-paragraph (5) does not demonstrate the completion of the remediation measures, a statement as to how any outstanding remediation measures will be addressed must be supplied to the relevant planning authority at the same time as the verification report.

(7) The outstanding remediation measures must be completed to the reasonable satisfaction of the relevant planning authority by the date agreed with that authority.

Marginal Citations

M97 1990 c. 43. Part 2A was inserted by section 57 of the Environment Act 1995 (c. 25). The definition of “contaminated land” was subsequently amended by section 86(1) and (2)(a) of the Water Act 2003 (c. 37).

Hazardous substances – East Greenwich Gasholder site E+W+S

18.—(1) The Silvertown Tunnel must not open for public use and the tunnel services buildings at the South Portal comprised in Work No. 12 must not be occupied after their practical completion until the hazardous substances consent for the East Greenwich Gasholder Station site has been revoked or modified in accordance with the Planning (Hazardous Substances) Act 1990 M98 , and in the case of a modification details of the relevant modifications have been submitted to the Health and Safety Executive, and the Health and Safety Executive has advised TfL in writing that it does not advise against the authorised development.

Marginal Citations

M98 1990 c. 10.

Hazardous substances – Brenntag Chemicals site E+W+S

19.—(1) The Silvertown Tunnel must not open for public use until the hazardous substances consent for the Brenntag Inorganic Chemicals Ltd site has been revoked or modified in accordance with the Planning (Hazardous Substances) Act 1990, and in the case of a modification details of the relevant modifications have been submitted to the Health and Safety Executive, and the Health and Safety Executive has advised the Secretary of State in writing that it does not advise against the authorised development.

Re-use of excavated material on-site E+W+S

20.  The works to implement the authorised development must be undertaken in a manner that will maximise the potential for re-use of suitable excavated material on site for the subsequent re-use of areas that will be subject to temporary possession. Prior to the commencement of development, details of the storage of suitable excavated material and of its subsequent re-use within or adjoining the Order limits must be submitted to and approved by the relevant local planning authority. The construction must be carried out as approved.

Local business transitional support E+W+S

21.  Prior to the opening of the authorised development for public use TfL must make all reasonable endeavours to agree a business transitional support package with the councils of the London Borough of Newham, the London Borough of Tower Hamlets and the Royal Borough of Greenwich. As part of this business transitional support package TfL must make available to those councils the sum of one million pounds for the purpose of supporting local businesses.

PART 2 E+W+S PROCEDURE FOR DISCHARGE OF REQUIREMENTS

Interpretation E+W+S

22.  In this Part of this Schedule, “ discharging authority” means—

(a) any body responsible for giving any consent, agreement or approval required by a requirement included in Part 1 of this Schedule, or for giving any consent, agreement or approval further to any document referred to in any such requirement; or

(b) the local authority in the exercise of its functions set out in sections 60 (control of noise of construction sites) and 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974 M99 .

Marginal Citations

M99 1974 c. 40. Section 61 was amended by Schedule 7 to the Building Act 1984 (c. 55), Schedule 15 to the Environmental Protection Act 1990 (c. 43) and Schedule 24 to the Environment Act 1995 (c. 25). There are other amendments to section 61 but none are relevant.

Applications made under requirements E+W+S

23.—(1) Where TfL proposes to make an application to a discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, no later than 28 days prior to submitting the application TfL must provide a draft of the proposed application to the discharging authority, unless otherwise agreed by the discharging authority.

(2) At the same time as submitting a draft of a proposed application to the Council of the London Borough of Newham under sub-paragraph (1) in respect of—

(a) any consent, agreement or approval required by paragraph 5(3) of Part 1 of this Schedule; or

(b) any consent, agreement or approval required further to any document referred to in any such requirement,

TfL must consult the Council of the London Borough of Tower Hamlets about the draft of the proposed application and when finalising the contents of the application TfL must take into account any comments made by the Council of the London Borough of Tower Hamlets during that consultation.

(3) An application to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule must be accompanied by a statement summarising how TfL considers it has complied with the obligations applicable to the requirement set out in Part 1 of this Schedule.

(4) Where an application has been made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, or for any consent, agreement or approval further to any document referred to in any such requirement, the discharging authority must give notice to TfL of its decision on the application within a period of 8 weeks beginning with—

(a) the day immediately following that on which the application is received by the discharging authority; or

(b) where further information is requested under paragraph 24, the day immediately following that on which the further information has been supplied by TfL,

or such longer period as may be agreed in writing by TfL and the discharging authority.

(5) Where an application has been made to the Council of the London Borough of Newham in respect of—

(a) any consent, agreement or approval required by paragraph 5(3) of Part 1 of this Schedule; or

(b) any consent, agreement or approval required further to any document referred to in any such requirement,

the Council of the London Borough of Newham must not give notice to TfL of its decision until the Council of the London Borough of Newham has consulted the Council of the London Borough of Tower Hamlets in respect of that application for a period of not less than 21 days, and considered any representations made by the Council of the London Borough of Tower Hamlets on the application received within that time.

(6) In determining any application made to the discharging authority for any consent, agreement or approval required by a requirement contained in Part 1 of this Schedule, the discharging authority may—

(a) give or refuse its consent, agreement or approval; or

(b) give its consent, agreement or approval subject to reasonable conditions,

and where consent, agreement or approval is refused or granted subject to conditions the discharging authority must provide its reasons for that decision with the notice of the decision.

Further information regarding requirements E+W+S

24.—(1) In relation to any application referred to in paragraph 23, the discharging authority may request such further information from TfL as it considers necessary to enable it to consider the application.

(2) If the discharging authority considers that further information is necessary and the requirement concerned contained in Part 1 of this Schedule does not specify that consultation with a consultee is required, the discharging authority must, within 10 business days of receipt of the application, notify TfL in writing specifying the further information required.

(3) If the requirement concerned contained in Part 1 of this Schedule specifies that consultation with a consultee is required, the discharging authority must issue the application to the consultee within five business days of receipt of the application, and notify TfL in writing specifying any further information requested by the consultee within five business days of receipt of such a request.

(4) If the discharging authority does not give the notification within the period specified in sub-paragraph (2) or (3) it (and the consultee, as the case may be) is deemed to have sufficient information to consider the application and is not entitled to request further information without the prior agreement of TfL.

Appeals E+W+S

25.—(1) Where a person (“ the applicant”) makes an application to a discharging authority, the applicant may appeal to the Secretary of State in the event that—

(a) the discharging authority refuses an application for any consent, agreement or approval required by—

(i) a requirement contained in Part 1 of this Schedule; or

(ii) a document referred to in any requirement contained in Part 1 of this Schedule;

(b) the discharging authority does not determine such an application within the time period set out in paragraph 23(4)23(1), or grants it subject to conditions;

(c) the discharging authority issues a notice further to sections 60 (control of noise of construction sites) or 61 (prior consent for work on construction sites) of the Control of Pollution Act 1974;

(d) on receipt of a request for further information pursuant to paragraph 24 of this Part of this Schedule, the applicant considers that either the whole or part of the specified information requested by the discharging authority is not necessary for consideration of the application; or

(e) on receipt of any further information requested, the discharging authority notifies the applicant that the information provided is inadequate and requests additional information which the applicant considers is not necessary for consideration of the application.

(2) The appeal process is as follows—

(a) any appeal by the applicant must be made within 42 days of the date of the notice of the decision or determination, or (where no determination has been made) the expiry of the time period set out in paragraph 23(4), giving rise to the appeal referred to in sub-paragraph (1);

(b) the applicant must submit the appeal documentation to the Secretary of State and must on the same day provide copies of the appeal documentation to the discharging authority and any consultee specified under the relevant requirement contained in Part 1 of this Schedule;

(c) as soon as is practicable after receiving the appeal documentation, the Secretary of State must appoint a person to consider the appeal (“the appointed person”) and must notify the appeal parties of the identity of the appointed person and the address to which all correspondence for the attention of the appointed person should be sent;

(d) the discharging authority and any consultee (if applicable) must submit their written representations together with any other representations to the appointed person in respect of the appeal within 10 business days of the start date specified by the appointed person and must ensure that copies of their written representations and any other representations as sent to the appointed person are sent to each other and to the applicant on the day on which they are submitted to the appointed person;

(e) the appeal parties must make any counter-submissions to the appointed person within 10 business days of receipt of written representations pursuant to paragraph (c); and

(f) the appointed person must make a decision and notify it to the appeal parties, with reasons, as soon as reasonably practicable after the end of the 10 day period for counter-submissions under paragraph (e).

(3) The appointment of the appointed person pursuant to sub-paragraph (2)(c) may be undertaken by a person appointed by the Secretary of State for this purpose instead of by the Secretary of State.

(4) In the event that the appointed person considers that further information is necessary to enable the appointed person to consider the appeal the appointed person must as soon as practicable notify the appeal parties in writing specifying the further information required, the appeal party from whom the information is sought, and the date by which the information is to be submitted.

(5) Any further information required pursuant to sub-paragraph (4) must be provided by the party from whom the information is sought to the appointed person and to the other appeal parties by the date specified by the appointed person. The appointed person must notify the appeal parties of the revised timetable for the appeal on or before that day. The revised timetable for the appeal must require submission of written representations to the appointed person within 10 business days of the date specified by the appointed person but must otherwise be in accordance with the process and time limits set out in sub-paragraphs (2)(c)-(e).

(6) On an appeal under this paragraph, the appointed person may—

(a) allow or dismiss the appeal; or

(b) reverse or vary any part of the decision of the discharging authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to the appointed person in the first instance.

(7) The appointed person may proceed to a decision on an appeal taking into account such written representations as have been sent within the relevant time limits and in the sole discretion of the appointed person such written representations as have been sent outside of the relevant time limits.

(8) The appointed person may proceed to a decision even though no written representations have been made within the relevant time limits, if it appears to the appointed person that there is sufficient material to enable a decision to be made on the merits of the case.

(9) The decision of the appointed person on an appeal is final and binding on the parties, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for a judicial review.

(10) If an approval is given by the appointed person pursuant to this Part of this Schedule, it is deemed to be an approval for the purpose of Part 1 of this Schedule as if it had been given by the discharging authority. The discharging authority may confirm any determination given by the appointed person in identical form in writing but a failure to give such confirmation (or a failure to give it in identical form) is not to be taken to affect or invalidate the effect of the appointed person's determination.

(11) Save where a direction is given pursuant to sub-paragraph (12) requiring the costs of the appointed person to be paid by the discharging authority, the reasonable costs of the appointed person are to be met by the applicant.

(12) On application by the discharging authority or the applicant, the appointed person may give directions as to the costs of the appeal parties and as to the parties by whom the costs of the appeal are to be paid. In considering whether to make any such direction and the terms on which it is to be made, the appointed person must have regard to relevant guidance on the Planning Practice Guidance website or any official circular or guidance which may from time to time replace it.

Articles 9

SCHEDULE 3 E+W+S PERMANENT STOPPING UP OF HIGHWAYS AND PRIVATE MEANS OF ACCESS

PART 1 E+W+S HIGHWAYS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW HIGHWAYS WHICH ARE OTHERWISE TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up	(4) New highway to be substituted/provided
The rights of way and access plans – sheet 1
In the administrative area of the Royal Borough of Greenwich; in the county of Greater London	Boord Street and Dreadnought Street	A length from a point on the existing Boord Street 130 metres south-west of its junction with the existing Millennium Way to the existing Dreadnought Street, and then in a generally north westerly direction, for a total distance of 90 metres.	Reference A To be substituted by a length of new highway from a point on Boord Street 130 metres south-west of its junction with the existing Millennium Way to the premises known as Studio 338, in a generally north westerly direction, for a distance of 80 metres.
	Footbridge (including National Cycle Route No. 1 & Thames Path)	The whole footbridge.	Reference B To be substituted by a length of new Boord Street foot and cycle bridge from a point on Boord Street 140 metres south-west of its junction with the existing Millennium Way, in a generally south westerly direction, to its junction with the improved Tunnel Avenue.
	–	–	Reference C Silvertown Tunnel Southbound. A length of new highway from the new Silvertown Tunnel South Portal, in a generally north-easterly direction to the new Silvertown Tunnel North Portal, for a distance of 1425 metres.
	–	–	Reference D Silvertown Tunnel Northbound. A length of new highway from the new Silvertown Tunnel South Portal, in a generally south-westerly direction to the new Silvertown Tunnel North Portal, for a distance of 1405 metres.
	–	–	Reference E Silvertown Tunnel southern approach Southbound. A length of new highway from the new South Portal of the Silvertown Tunnel, in a generally south easterly direction, for a distance of 160 metres.
	–	–	Reference F Silvertown Tunnel southern approach Northbound. A length of new highway from its junction with the existing A102 Blackwall Tunnel southern approach northbound, in a generally north-easterly direction to the new South Portal of the Silvertown Tunnel, for a distance of 130 metres.
	–	–	Reference G Pavilion Lane (Realigned) A length of new highway from a point on the existing A102 Blackwall Tunnel southern approach Southbound 130 metres south of the existing Blackwall Tunnel Southbound South Portal, in a generally southerly direction then turning eastwards to its junction with the northbound carriageway of the existing Millennium Way, for a distance of 150 metres.
	–	–	Reference H Pavilion Lane (Realigned) A length of new highway from a point on the northbound carriageway of the existing Millennium Way 75 metres to the north west of its junction with the existing Edmund Halley Way, in a generally southerly direction to its junction with the Silvertown Tunnel southern approach Northbound, for a distance of 215 metres.
The rights of way and access plans – sheet 2
In the administrative areas of the Royal Borough of Greenwich and the London Borough of Newham; in the county of Greater London	–	–	Reference C – Refer to sheet 1
	–	–	Reference D – Refer to sheet 1
The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Dock Road (including National Cycle Route No. 13 (part))	A length from its junction with the existing Tidal Basin Roundabout, in a south westerly direction and then in a south easterly direction, for a total distance of 395 metres.	Reference A To be substituted by a length of new highway from a point 110 metres west of the point where the existing A1020 Silvertown Way off-slip joins the Tidal Basin Roundabout, in a generally south-easterly direction, to a point where it joins the existing North Woolwich Road, for a distance of 430 metres.
	Scarab Close (part)	A length from its junction with the existing Dock Road in a south westerly direction, for a distance of 25 metres.	Reference A (part) To be substituted in part by new highway (being part of the realigned Dock Road (Reference A)) from a point 110 metres west of the existing A1020 Silvertown Way off-slip, in a generally southerly direction, to a point where it joins the existing Scarab Close, for a distance of 55 metres.
	–	–	Reference B New left turn off-slip. A length of new highway from a point on the existing A1020 Silvertown Way off-slip 40 metres south-east of the Tidal Basin Roundabout, initially in a north-westerly direction then turning in a southerly direction, to a point where it joins the Silvertown Tunnel northern approach Southbound, for a distance of 95 metres.
	–	–	Reference C – Refer to sheet 1
	–	–	Reference D – Refer to sheet 1
	–	–	Reference E Silvertown Tunnel northern approach Southbound. A length of new highway from a point 70 metres west of the point where the existing A1020 Silvertown Way off-slip joins the Tidal Basin Roundabout, in a generally south-easterly direction to the new North Portal of the Silvertown Tunnel, for a distance of 205 metres.
	–	–	Reference F Silvertown Tunnel northern approach Northbound. A length of new highway from the North Portal of the new Silvertown Tunnel, in a generally north-westerly direction to its junction with the new (part of the) Tidal Basin Roundabout, for a distance of 210 metres.
	–	–	Reference G A length of new highway from a point on the new Dock Road (realigned), 60 metres to the south-east of its tie-in with the North Woolwich Road, in a generally north westerly direction, for a distance of 80 metres.
	Tidal Basin Roundabout (part) (including National Cycle Route No. 13 (part))	A length from a point on the existing Tidal Basin Roundabout where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the northern side of the existing roundabout, in a generally south-easterly direction, and then in a southerly direction and then in an easterly direction, to a point where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the southern side of the existing roundabout.	Reference H (part) To be substituted by a length of new highway from a point on the existing Tidal Basin Roundabout where the new Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the northern side of the existing roundabout, in a generally south-easterly direction, and then in a southerly direction and then in an easterly direction, to a point where the new Tidal Basin Roundabout passes under the existing A1011 Silvertown Way on the southern side of the existing roundabout, for a distance of 270 metres.
	–	–	Reference H (part) A length of new highway within the central island of the new part of Tidal Basin Roundabout from a point on the new Tidal Basin Roundabout 90 metres south west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way, in a generally south-easterly direction for a distance of 45 metres to a point where it joins the new Tidal Basin Roundabout at a point 95 metres south west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way.

PART 2 E+W+S HIGHWAYS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Highway to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 1
In the administrative area of the Royal Borough of Greenwich; in the county of Greater London	Pavilion Lane	A length from its junction with the existing Millennium Way in a generally southerly direction to the existing A102 Blackwall Tunnel southern approach Southbound, for a distance of 180 metres.
The rights of way and access plans – sheet 2
None	None	–
The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Layby north of the existing A1020 Lower Lea Crossing, 35 metres east of the existing overbridge, on which the A1020 Lower Lea Crossing passes over the Docklands Light Railway Woolwich Branch.	The whole layby.
	Area north of the Tidal Basin Roundabout.	Area of existing carriageway forming part of the existing A1020 Lower Lea Crossing approaching the existing Tidal Basin Roundabout.

PART 3 E+W+S PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH A SUBSTITUTE IS TO BE PROVIDED AND NEW PRIVATE MEANS OF ACCESS WHICH ARE OTHERWISE TO BE PROVIDED

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up	(4) New private means of access to be substituted/provided
The rights of way and access plans – sheet 1
In the administrative area of the Royal Borough of Greenwich; in the county of Greater London	–	–	Reference 1 New private means of access on the north side of the new Silvertown Tunnel South Portal, providing access to the new tunnel services compound from the south side of the existing Millennium Way.
	Reference a Access to premises (occupied by Priority TM Limited and Southern Gas Networks plc) on the south side of the existing Millennium Way, 50 metres south-east of its junction with the existing Edmund Halley Way.	A length from its junction with the existing Millennium Way south-eastward, for a distance of 20 metres.	Reference 2 To be substituted by a new private means of access located to the east of the new Silvertown Tunnel, providing access from the south side of the existing Millennium Way. Reference 10 To be substituted by a new private means of access located to the east of the new Silvertown Tunnel, providing access from the south side of the existing Millennium Way.
	–	–	Reference 3 New private means of access located around the rear, east and west sides of the premises known as Studio 338, providing pedestrian access from the new highway (Reference A).
	Reference b Access to premises (occupied by Brenntag UK Ltd) from the north side of the existing Morden Wharf Road 20 metres to the east of the existing Tunnel Avenue.	A length from its junction with the existing Morden Wharf Road northwards, for a distance of 5 metres.	Reference 8 To be substituted by a new private means of access located to the south-west of Tunnel Avenue, providing access from the south-west side of the improved Tunnel Avenue.
	Reference c Access to premises (occupied by Brenntag UK Ltd) from the south-west side of the existing Tunnel Avenue, from a point immediately south of the existing footbridge.	A length from its junction with the existing Tunnel Avenue south-westwards for a distance of 10 metres.	Reference 4 To be substituted by a new private means of access on the south-west side of the existing Tunnel Avenue, in the same location as the existing access to Brenntag UK Ltd, but repositioned at the new highway boundary of the improved Tunnel Avenue.
	Reference d Access to premises (occupied by London Power Networks plc) from the east side of the existing Pavilion Lane, 50 metres south of its junction with the existing Millennium Way.	The whole hardened area in front of the existing electricity substations.	Reference 5 To be substituted by a new private means of access located on the west side of the new Silvertown Tunnel, providing access from the west side of the existing Millennium Way.
	–	–	Reference 6 New private means of access located on the east side of the Silvertown tunnel, providing access from the south side of the existing Millennium Way, to new pressure reduction station (PRS).
	Reference e Access to premises (occupied by O'Keefe) from the south-east side of the existing Boord Street 155 metres to the south-west of the existing Millennium Way.	A length from its junction with the existing Boord Street, south-eastwards, for a distance of 5 metres.	Reference 7 To be substituted by a new private means of access located on the south-east side of the existing Boord Street, in the same location as the existing access to O'Keefe, but repositioned at the new highway boundary of the A102 Southbound and providing access for non-motorised users only.
	Reference f Access (pedestrian) to premises (occupied by Brenntag UK Ltd) from the south-west side of the existing Tunnel Avenue, from a point immediately south of the existing footbridge.	A length from its junction with the existing Tunnel Avenue south-westwards for a distance of 5 metres.	Reference 9 To be substituted by a new (pedestrian) access to premises on the south-west side of the existing Tunnel Avenue, repositioned at the new highway boundary of the south-west side of the improved Tunnel Avenue.
The rights of way and access plans – sheet 2
None	None	–	None
The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Reference b Access to premises (occupied by Docklands Light Railway Limited) from the north-west side of the existing Scarab Close, 45 metres to the west of the existing Dock Road.	A length from its junction with the existing Scarab Close, westwards for a distance of 40 metres.	Reference 1 To be substituted by a new private means of access to Docklands Light Railway, on the west side of the new part of Tidal Basin Roundabout, from the circulatory carriageway of the roundabout.
	–	–	Reference 2 New private means of access to the new tunnel services compound on the east side of the Silvertown Tunnel from the new highway to be known as the Tunnel Services Compound Access Road (off the realigned Dock Road).
	Reference h Access to premises (occupied by Docklands Light Railway Limited and ASD Limited) from the south-west side of the existing Dock Road, 235 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road south-westwards for a distance of 105 metres.	Reference 3 (part) To be substituted by a new private means of access from the south side of the new Dock Road (realigned).
	Reference i Access to premises (occupied by Docklands Light Railway Limited and Quintain (No.8) Limited) from the south-west side of the existing Dock Road, 300 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road south-westwards for a distance of 65 metres.	Reference 3 (part) To be substituted by a new private means of access from the south side of the new Dock Road (realigned).
	Reference k (part) Scarab Close (part)	A length from a point on the existing Scarab Close, 75 metres south-west of its junction with the existing Dock Road, in a south-westerly direction, for a distance of 5 metres.	Reference 4 To be substituted by a new private means of access from the west side of the new Dock Road (realigned).
	Reference m Access to existing statutory undertakers' apparatus from the south-west side of the existing Tidal Basin Roundabout.	A length from its junction with the existing Tidal Basin Roundabout in a north-easterly direction, for a distance of 15 metres.	Reference 5 To be substituted by a new private means of access, in the same location as the existing access to statutory undertakers' apparatus, but repositioned from the edge of the new part of the Tidal Basin Roundabout.

PART 4 E+W+S PRIVATE MEANS OF ACCESS TO BE STOPPED UP FOR WHICH NO SUBSTITUTE IS TO BE PROVIDED

(1) Area	(2) Private means of access to be stopped up	(3) Extent of stopping up
The rights of way and access plans – sheet 1
None	None	–
The rights of way and access plans – sheet 2
None	None	–
The rights of way and access plans – sheet 3
In the administrative area of the London Borough of Newham; in the county of Greater London	Reference a Access to premises (occupied by Docklands Light Railway Limited) from the north of the existing A1020 Lower Lea Crossing, 60 metres west of the existing Tidal Basin Roundabout.	A length from its junction with the existing A1020 Lower Lea Crossing in a northerly direction for a distance of 15 metres.
	Reference c Access to premises (occupied by McGee Group) from the south-east side of the existing Scarab Close, 25 metres west of the existing Dock Road.	A length from its junction with the existing Scarab Close south-eastwards for a distance of 10 metres.
	Reference d Access to premises (occupied by McGee Group) from the south-east side of the existing Scarab Close, 35 metres west of the existing Dock Road.	A length from its junction with the existing Scarab Close south-eastwards for a distance of 10 metres.
	Reference e Access to premises (occupied by Hanson Quarry Products Europe Limited) from the north-west side of the existing Dock Road, 70 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road, north-eastwards for a distance of 10 metres.
	Reference f Access to premises (occupied by Hanson Quarry Products Europe Limited) from the north-west side of the existing Dock Road, 125 metres south-east from the existing Scarab Close.	A length from its junction with the existing Dock Road north-eastwards for a distance of 5 metres.
	Reference g Access to premises (occupied by O'Connell Plant and Groundworks Limited) from the north-west side of the existing Dock Road, 165 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road north-eastwards for a distance of 5 metres.
	Reference j Access to premises (occupied by Docklands Light Railway Limited) from the south-west side of the existing Dock Road, 330 metres south-east of the existing Scarab Close.	A length from its junction with the existing Dock Road south-westwards for a distance of 10 metres.
	Reference k (part) Scarab Close (part)	A length from a point on the existing Scarab Close, 25 metres south-west of its junction with the existing Dock Road, in a south-westerly direction, for a distance of 50 metres.

Article 22

SCHEDULE 4 E+W+S LAND IN WHICH ONLY NEW RIGHTS MAY BE ACQUIRED

(1) Area	(2) Plot Reference Number(s) shown on land plans
Royal Borough of Greenwich	01-036, 01-044a, 01-045a, 01-065, 01-066, 01-076, 01-088, 01-088a, 02-016a, 02-017a, 02-018a, 02-018b, 02-018c, 02-026a, 02-030, 02-033, 02-039, 02-041, 02-043, 02-046, 02-047a, 02-053, 02-053a, 02-062, 02-075, 02-088, 02-089, 03-001, 03-002a, 03-003a, 03-004a, 03-009, 03-017, 03-019, 03-020, 03-021, 03-026, 03-028, 03-030, 03-033, 03-035, 03-037, 03-037a, 03-037c, 03-038, 03-039, 03-042, 03-043, 03-047, 03-049, 03-050, 04-005, 04-006, 04-008, 04-010, 04-011, 04-015, 04-016, 04-016a, 04-018, 04-021, 04-022, 04-024, 04-025, 04-028, 04-030, 04-030a, 04-030b and 04-031
London Borough of Newham	04-032, 04-034, 04-036, 05-002, 05-005, 05-007, 05-010, 05-015, 05-022, 05-027, 05-029, 05-038, 05-038a, 05-044a, 05-045a, 05-046, 05-048a, 05-052, 05-057, 05-073, 05-087, 05-087a, 05-089, 05-092, 05-099, 05-105, 05-112, 05-117, 05-132, 06-016, 06-017a, 06-040, 06-063, 06-071, 06-072, 06-092, 06-092a, 06-098a, 07-005, 07-007b, 07-010, 07-011, 07-012, 07-016, 07-026, 07-027 and 07-028

Article 22

SCHEDULE 5 E+W+S MODIFICATION OF COMPENSATION AND COMPULSORY PURCHASE ENACTMENTS FOR CREATION OF NEW RIGHTS

Compensation enactments E+W+S

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

2.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1961 has effect subject to the modification set out in sub-paragraph (2). E+W+S

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

“(5A) If—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the 1965 Act (as modified by paragraph 5(5) of Schedule 5 to the Silvertown Tunnel Order 2018 M100 (“the 2018 Order”));

(b) the acquiring authority is subsequently required by a determination under paragraph 12 of Schedule 2A to the 1965 Act (as substituted by paragraph 5(8) of Schedule 5 to the 2018 Order) to acquire an interest in the land; and

(c) the acquiring authority enters on and takes possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land where it entered on that land for the purpose of exercising that right.”

Marginal Citations

M100 S.I. 2018/574.

3.—(1) Without limitation on the scope of paragraph 1, the Land Compensation Act 1973 M101 has effect subject to the modifications set out in sub-paragraph (2). E+W+S

(2) In section 44(1) (compensation for injurious affection), as it applies to compensation for injurious affection under section 7 (measure of compensation in case of severance) of the 1965 Act as substituted by paragraph 5(3)—

(a) for “land is acquired or taken from” substitute “ a right or restrictive covenant over land is purchased from or imposed on ”; and

(b) for “acquired or taken from him” substitute “ over which the right is exercisable or the restrictive covenant enforceable ”.

Marginal Citations

M101 1973 c. 26.

Application of Part 1 of the 1965 Act E+W+S

4.  Part 1 (compulsory purchase under Acquisition of Land Act 1946) of the 1965 Act, as applied by section 125 (application of compulsory acquisition provisions) of the 2008 Act (and modified by article 25 (modification of Part 1 of the 1965 Act)) to the acquisition of land under article 19 (compulsory acquisition of land), applies to the compulsory acquisition of a right by the creation of a new right, or to the imposition of a restrictive covenant under article 22(1) (compulsory acquisition of rights)— E+W+S

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

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

5.—(1) The modification referred to in paragraph 4(a) are as follows. E+W+S

(2) References in the 1965 Act to land are, in the appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

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

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

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

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

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

(a) section 9(4) (failure by owners to convey);

(b) paragraph 10(3) of Schedule 1 (owners under incapacity);

(c) paragraph 2(3) of Schedule 2 (absent and untraced owners); and

(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land),

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

(5) Section 11 M102 (powers of entry) of the 1965 Act is modified to secure that, where the acquiring authority has served notice to treat in respect of any right or restriction, as well as the notice of entry required by subsection (1) of that section (as it applies to a compulsory acquisition under article 19), it has power, exercisable in equivalent circumstances and subject to equivalent conditions, to enter for the purpose of exercising that right or enforcing that restriction ; and sections 11A M103 (powers of entry: further notices of entry), 11B M104 (counter-notice requiring possession to be taken on specified date), 12 M105 (penalty for unauthorised entry) and 13 M106 (entry on warrant in the event of obstruction) of the 1965 Act are modified correspondingly.

(6) Section 20 M107 (protection for interests of tenants at will, etc.) of the 1965 Act applies with the modifications necessary to secure that persons with such interests in land as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition under this Order of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right or the enforcement of the restrictive covenant in question.

(7) Section 22 (interests omitted from purchase) of the 1965 Act as modified by article 25(4) is also modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right acquired or enforce the restrictive covenant imposed, subject to compliance with that section as respects compensation.

(8) For Schedule 2A to the 1965 Act substitute—

“SCHEDULE 2A E+W+S COUNTER-NOTICE REQUIRING PURCHASE OF LAND

Introduction E+W+S

1.— (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over, or restrictive covenant affecting, the whole or part of a house, building or factory and have not executed a general vesting declaration under section 4 of the 1981 Act as applied by article 26 (application of the 1981 Act) of the Silvertown Tunnel Order 2018 in respect of the land to which the notice to treat relates.

(2) But see article 27(4) (acquisition of subsoil, etc., only) of the Silvertown Tunnel Order 2018 which excludes the acquisition of subsoil or airspace only from this Schedule.

2.   In this Schedule, “house” includes any park or garden belonging to a house.

Counter-notice requiring purchase of land E+W+S

3.   A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory.

4.   A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.

Response to counter-notice E+W+S

5.   On receiving a counter-notice, the acquiring authority must decide whether to—

(a) withdraw the notice to treat,

(b) accept the counter-notice, or

(c) refer the counter-notice to the Upper Tribunal.

6.   The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).

7.   If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.

8.   If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.

9.   If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory.

Determination by Upper Tribunal E+W+S

10.   On a referral under paragraph 7, the Upper Tribunal must determine whether the acquisition of the right or the imposition of the restrictive covenant would—

(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or

(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.

11.   In making its determination, the Upper Tribunal must take into account—

(a) the effect of the acquisition of the right or the imposition of the covenant,

(b) the use to be made of the right or covenant proposed to be acquired or imposed, and

(c) if the right or covenant is proposed to be acquired or imposed for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.

12.   If the Upper Tribunal determines that the acquisition of the right or the imposition of the covenant would have either of the consequences described in paragraph 10, it must determine how much of the house, building or factory the authority ought to be required to take.

13.   If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land.

14.— (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.

(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.

(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.”

Marginal Citations

M102 Section 11 was amended by section 34(1) of, and Schedule 4 to, the Acquisition of Land Act 1981 (c. 67), section 3 of, and part 1 of Schedule 1 to, the Housing (Consequential Provisions) Act 1985 (c. 71), section 14 of, and paragraph 12(1) of Schedule 5 to, the Church of England (Miscellaneous Provisions) Measure 2006 (No. 1), sections 186(2), 187(2) and 188 of, and paragraph 6 of Schedule 14 and paragraph 3 of Schedule 16 to, the Housing and Planning Act 2016 (c. 22) and S.I. 2009/1307.

M103 Section 11A was inserted by section 186(3) of the Housing and Planning Act 2016 (c. 22).

M104 Section 11B was inserted by section 187(2) of the Housing and Planning Act 2016 (c. 22).

M105 Section 12 was amended by section 56(2) of, and part 1 of Schedule 9 to, the Courts Act 1971 (c. 23).

M106 Section 13 was amended by sections 62(3), 139(4) to (9) and 146 of, and paragraphs 27 and 28 of Schedule 13 and part 3 of Schedule 23 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

M107 Section 20 was amended by paragraph 4 of Schedule 15 to the Planning and Compensation Act 1991 and S.I. 2009/1307.

Article 27

SCHEDULE 6 E+W+S LAND IN WHICH ONLY SUBSOIL OR NEW RIGHTS ABOVE SUBSOIL AND SURFACE MAY BE ACQUIRED

(1) Area	(2) Plot Reference Number(s) shown on land plans	(3) Depth beneath the level of the surface of the land
Royal Borough of Greenwich	03-024, 03-024a, 03-029, 03-031, 03-032, 03-37b, 04-017, 04-019, 04-020 and 04-23	0.5 metres
	03-040, 03-041, 03-045	2 metres
	04-014	3 metres
	03-046, 03-048	4 metres
	04-007, 04-009	5 metres
	04-012	6 metres
	04-013	7 metres
London Borough of Newham	04-033, 05-003, 05-008 and 05-011	0.5 metres
	05-009	2 metres

Article 29

SCHEDULE 7 E+W+S LAND OF WHICH ONLY TEMPORARY POSSESSION MAY BE TAKEN

(1) Area	(2) Plot Reference Number(s) shown on land plans	(3) Purpose for which temporary possession may be taken	(4) Relevant part of the authorised development
Royal Borough of Greenwich	01-007, 01-008, 01-011	Working space to facilitate removal of existing gantry.	Work No. 4
	01-022, 01-022a, 01-027, 01-027a, 01-050a, 01-057a, 01-057b	Working space to facilitate improvement of Tunnel Avenue and construction of new Boord Street foot and cycle bridge including accommodation works to provide replacement access and replacement car parking for adjacent premises.	Work Nos. 4 and 11
	01-044, 01-045	Access to works and working space to facilitate improvement of A102 Blackwall Tunnel Southern Approach, and construction of new Boord Street foot and cycle bridge and temporary diversion of Millennium Way.	Work Nos. 1, 2, 3, 11 and 14
	01-045b, 01-083, 01-084, 01-087, 01-087a, 01-090, 02-018, 02-021, 02-022, 02-022a, 02-026	Temporary diversion of Millennium Way and Edmund Halley Way, working space to facilitate construction of Silvertown Tunnel, provision of temporary replacement car parking and associated access and provision of private means of access to premises.	Work Nos. 1 and 12
	01-047	Working space to facilitate construction of new Boord Street foot and cycle bridge; new access to premises; and improvement of A102 Blackwall Tunnel Southern Approach.	Work Nos. 2 and 11
	01-061, 01-091, 02-045	Working space to facilitate construction of gantry.	Work Nos. 2 and 4
	01-077, 01-077a, 01-086, 02-015, 02-016, 02-017	Working space and construction compounds to facilitate construction of Silvertown Tunnel and its southern approach and services compound, and construction of new private means of access.	Work Nos.1, 2, 5, 6 and 12
	02-036, 02-051	Working space and construction compounds to facilitate construction of Silvertown Tunnel, new Pavilion Lane and access to statutory undertakers' apparatus.	Work Nos. 1, 5, 6, 10 and 12
	02-036b, 02-037, 02-041a, 02-047, 02-050, 02-052, 02-052b, 02-052c	Working space to facilitate construction of new Pavilion Lane and new access to statutory undertakers' apparatus.	Work No. 10
	02-043a	Working space and construction compounds to facilitate construction of the Silvertown Tunnel and new Pavilion Lane; and temporary diversion of Millennium Way and Edmund Halley Way.	Work Nos.1,10, 12
	02-059, 02-062a, 02-075a	Working space and construction compounds to facilitate construction of Silvertown Tunnel; and temporary diversion of Millennium Way and Edmund Halley Way.	Work No. 1
	02-066, 02-067, 02-070, 02-081	Working space to facilitate construction of new Pavilion Lane.	Work No. 9
	02-072, 02-073	Working space to facilitate construction of new Pavilion Lane; and temporary diversion of Millennium Way.	Work Nos. 1 and 9
	02-078, 02-079, 02-080	Working space to facilitate temporary diversion of Millennium Way.	Work No. 1
	02-084, 02-087	Working space to facilitate improvement of the A102 Blackwall Tunnel southern approach and construction of new Pavilion Lane.	Work Nos. 2 and 9
	03-002, 03-002b, 03-003, 03-004, 03-005, 03-006	Working space to facilitate temporary diversion of Millennium Way.	Work Nos.1 and 14
	03-007, 03-008, 03-017a, 03-019a, 03-020a, 03-021a, 03-026a, 03-028a, 03-030a, 03-037d, 03-037e, 03-037f	Working space and construction compounds to facilitate construction of Silvertown Tunnel; and temporary diversion of Edmund Halley Way.	Work No. 1
	03-007a, 03-007b, 03-008a, 03-008b, 03-013, 03-014	Provision of a temporary replacement car park and associated buildings and access.	Work No. 1
	03-034, 03-036, 03-044, 04-001, 04-002, 04-003, 04-004	Provision of a temporary replacement car park.	Work No. 1
	04-026, 04-027	Working space to facilitate river wall works.	Work No. 1
London Borough of Newham	04-035, 05-001, 05-004, 05-006, 06-001	Working space to facilitate construction of Silvertown Tunnel and construction of temporary jetty and transportation area, including related dredging works and operations, and the establishment of an exclusion zone for the jetty.	Work Nos. 1, 20A and 20B
	05-014, 05-018, 05-019, 05-024, 05-025, 05-026, 05-040, 05-041, 05-042, 05-043, 05-044, 05-045, 05-048, 05-048b, 05-049, 05-050, 05-051, 05-054, 05-060, 05-064, 05-075, 05-081, 05-084, 05-109, 05-111, 06-006, 06-008, 06-009, 06-019, 06-020, 06-032, 06-036, 06-037, 06-042, 06-044, 06-053, 06-054, 06-055	Working space and construction compounds to facilitate construction of Silvertown Tunnel and realigned Dock Road and temporary relocated car parking and access thereto.	Work Nos. 1, 17 and 18
	05-016, 05-023, 05-028, 05-032, 05-033, 05-035	Working space and construction compounds to facilitate construction of Silvertown Tunnel, realigned Dock Road and temporary jetty and temporary relocated car parking and access to them.	Work Nos. 1, 17, 18, 20A and 20B
	05-047, 06-002, 06-003, 06-004, 06-005, 06-007, 06-010, 06-011, 06-012, 06-013, 06-027, 06-033, 06-035, 06-057, 06-060	Working space and construction compounds to facilitate construction of Silvertown Tunnel and realigned Dock Road, and to provide a temporary storage area and related access, and temporary relocated car parking and access to them.	Work Nos. 1, 17 and 18
	06-066, 06-068, 06-096, 06-098, 07-006, 07-007a, 07-007, 07-008, 07-009	Working space to facilitate improvement of the existing Tidal Basin Roundabout and Tidal Basin Road.	Work Nos. 16 and 19
	06-075, 06-078	Working space to facilitate improvement of the existing Tidal Basin Roundabout and Tidal Basin Road, and temporary relocated car parking and access to them.	Work Nos. 16, 17 and 19
	06-093	Working space and construction compounds to facilitate construction of the Silvertown Tunnel and its northern approach and services compound, and temporary relocated car parking and access to them.	Work Nos. 1, 15 and 17
	07-029	Working space and construction compounds to facilitate construction of the Silvertown Tunnel and its northern approach and services compound.	Work Nos. 1, 15 and 17

Article 44(21)

SCHEDULE 8 E+W+S REMOVAL OF MOTOR VEHICLES AND RECOVERY OF PENALTY CHARGES

PART 1 E+W+S PRELIMINARY

1.—(1) In this Schedule— E+W+S

“adjudicator” means a person specified in article 44(22) (removal of motor vehicles);

“appeal” means an appeal under paragraph 4(1) or 9(1);

“appellant” means the person bringing the appeal;

“hearing” means an oral hearing;

“hiring agreement” has the same meaning as in section 66 (hired vehicles) of the Road Traffic Offenders Act 1988 M108 ;

“penalty charge notice” has the meaning given in paragraph 5;

“person liable” means the registered keeper of a motor vehicle;

“the statement of charges” means the statement of charges published under article 54(5) (power to charge for use of the tunnels) applying by virtue of article 44(16) and

“vehicle-hire firm” has the same meaning as in section 66 of the Road Traffic Offenders Act 1988.

(2) In determining for the purposes of any provision of this Schedule whether a charge or penalty charge has been paid before the end of a particular period, it must be taken to be paid when it is received by TfL.

Marginal Citations

M108 1988 c. 53.

PART 2 E+W+S REPRESENTATIONS AND APPEALS IN RELATION TO THE REMOVAL OF MOTOR VEHICLES

Persons to whom Part 2 applies E+W+S

2.  This Part of this Schedule applies to a person (referred to as a “ relevant person”) who—

(a) pays or causes to be paid a penalty charge to recover a motor vehicle after it has been removed from the tunnels area in accordance article 44;

(b) receives any sum after a motor vehicle has been sold or destroyed in accordance with article 44; or

(c) is informed that the proceeds of disposal of a motor vehicle do not exceed the amount of the penalty charges payable in respect of the motor vehicle in accordance with article 44.

Right to make representations E+W+S

3.—(1) A relevant person must, on the happening of an event such as is referred to in sub-paragraph (a), (b) or (c) of paragraph 2, immediately be informed by notice in writing, by or on behalf of TfL, of that person's right to make representations under this paragraph and that person's right of appeal under paragraph 4.

(2) A relevant person may make representations in writing to TfL on one or more of the grounds mentioned in sub-paragraph (3).

(3) The grounds are—

(a) that the penalty charge paid to secure the release or recovery of the motor vehicle exceeded the amount applicable in the circumstances of the case;

(b) in a case where the motor vehicle was removed and penalty charges were outstanding with respect to the motor vehicle, that—

(i) those penalty charges were all incurred before the person liable in relation to the motor vehicle at the time of its removal had become the person liable in relation to that motor vehicle; or

(ii) the number of penalty charges incurred after that person had become the person liable was fewer than such number as may be specified in the statement of charges; or

(c) that the relevant person is a vehicle-hire firm and—

(i) the motor vehicle in question was at the time the motor vehicle was removed hired from that firm under a hiring agreement; and

(ii) the person hiring it had signed a statement of liability acknowledging that person's liability in respect of any penalty charge incurred in respect of the motor vehicle during the currency of the hiring agreement.

(4) TfL may disregard any representations received by it after the end of the period of 28 days beginning with the date on which the relevant person is informed in accordance with sub-paragraph (1) of that person's right to make representations.

(5) It is the duty of the person to whom representations are made under this paragraph, before the end of the period of 56 days beginning with the day on which it receives the representations—

(a) to consider them and any supporting evidence which the person making them provides; and

(b) to serve on that person a notice of its decision as to whether or not it accepts that the ground in question has been established.

(6) Where TfL serves notice under sub-paragraph (5)(b) that it accepts that a ground has been established it must (when serving that notice or as soon as practicable after it has done so) refund any penalty charge or charges—

(a) paid to recover the motor vehicle after it had been removed from the tunnels area;

(b) deducted from the proceeds of sale of the motor vehicle,

except to the extent (if any) to which those sums were properly paid or deducted.

(7) Where TfL serves notice under sub-paragraph (5)(b) that it does not accept that a ground has been established, that notice must—

(a) inform the relevant person of that person's right to appeal to an adjudicator;

(b) indicate the nature of the adjudicator's power to award costs against any person making a valid appeal;

(c) describe in general terms the form and manner in which such an appeal is required to be made; and

(d) provide such other information as TfL considers appropriate.

(8) Where TfL fails to comply with sub-paragraph (5) before the end of the period of 56 days there mentioned—

(a) TfL is deemed to have accepted that the ground in question has been established and to have served notice to that effect under sub-paragraph (6); and

(b) sub-paragraph (6) has effect as if it required any refund to be made immediately after the end of that period.

(9) Any notice required to be served under this paragraph may be served personally or by post or in such form as is agreed between TfL and the relevant person.

(10) Where the person on whom any document is required to be served by sub-paragraph (5) is a body corporate, the document is duly served if it is sent by post or any such form as is agreed to the secretary or clerk to that body.

Right to appeal to an adjudicator E+W+S

4.—(1) Where TfL serves notice under paragraph 3(5)(b) that it does not accept that a ground on which representations were made under that paragraph has been established, the person making those representations may appeal to an adjudicator against TfL's decision, before—

(a) the end of the period of 28 days beginning with the date of service of the notice; or

(b) such longer period as an adjudicator may allow following consultation with TfL.

(2) An adjudicator may allow a longer period for an appeal under paragraph (1)(b) whether or not the period specified in paragraph (1)(a) has already expired.

(3) On an appeal under this paragraph, the adjudicator must consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 3(3) and, if the adjudicator concludes—

(a) that any of the representations are justified; and

(b) that TfL would have been under the duty imposed by paragraph 3(6) to refund any sum if TfL had served notice that it accepted that the ground in question had been established,

the adjudicator must direct the authority to make the necessary refund.

(4) TfL must comply with a direction of the adjudicator.

PART 3 E+W+S RECOVERY OF PENALTY CHARGES

Penalty charge notices E+W+S

5.—(1) Where a charge with respect to a motor vehicle under the statement of charges has not been paid by the time by which it is required by the statement of charges to be paid and, in those circumstances, the statement of charges provides for the payment of a penalty charge, TfL may serve a notice (“a penalty charge notice”).

(2) A penalty charge notice must be served on the registered keeper of the motor vehicle.

(3) A penalty charge notice must state—

(a) the amount of the penalty charge to which it relates;

(b) the grounds on which TfL believes that the penalty charge is payable with respect to the motor vehicle;

(c) the time, in accordance with the statement of charges under which it is imposed, and the manner in which the penalty charge must be paid;

(d) the amount of the reduced penalty charge if it is duly paid in the time specified in the statement of charges;

(e) the amount of the increased penalty charge if—

(i) the penalty charge is not paid; or

(ii) no representations are made under paragraph 6,

before the end of the relevant period as defined by paragraph 10(3)(a);

(f) the address to which payment of the penalty charge must be sent;

(g) that the person on whom the notice is served (“the recipient”) may be entitled to make representations under paragraph 10; and

(h) the effect of paragraph 9.

Representations against penalty charge notice E+W+S

6.—(1) Where it appears to the recipient that one or other of the grounds mentioned in sub-paragraph (3) are satisfied, the recipient may make representations in writing to that effect to TfL.

(2) TfL may disregard any such representations which are received by it after the end of the period of 28 days beginning with the date on which the penalty charge notice was served.

(3) The grounds are—

(a) that the recipient—

(i) never was the registered keeper in relation to the motor vehicle in question;

(ii) had ceased to be the person liable before the date on which the motor vehicle was used in the tunnels; or

(iii) became the person liable after that date;

(b) that the charge payable for the use or keeping of the motor vehicle on a road on the occasion in question was paid at the time and in the manner required by the statement of charges;

(c) that no penalty charge is payable under the statement of charges;

(d) that the motor vehicle had been used or kept, or permitted to be used or kept, on a road by a person who was in control of the motor vehicle without the consent of the registered keeper;

(e) that the penalty charge exceeded the amount applicable in the circumstances of the case;

(f) that the recipient is a vehicle-hire firm and—

(i) the motor vehicle in question was at the material time hired from that firm under a hiring agreement; and

(ii) the person hiring it had signed a statement of liability acknowledging liability in respect of any penalty charge notice imposed in relation to the motor vehicle during the currency of the hiring agreement.

(4) Where the ground mentioned in sub-paragraph (3)(a)(ii) is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person to whom the motor vehicle was disposed of by the person making the representations (if that information is in that person's possession).

(5) Where the ground mentioned in sub-paragraph (3)(a)(iii) is relied on in any representations made under this paragraph, those representations must include a statement of the name and address of the person from whom the motor vehicle was acquired by the person making the representations (if that information is in that person's possession).

(6) Where representations are duly made under this paragraph to TfL it must—

(a) consider them and any supporting evidence which the person making them provides; and

(b) serve on that person notice of its decision as to whether or not it accepts that the ground in question has been established.

Cancellation of penalty charge notice E+W+S

7.—(1) Where representations are made under paragraph 6 and TfL accepts that the ground in question has been established it must—

(a) cancel the penalty charge notice; and

(b) state in the notice served under paragraph 6(6) that the penalty charge notice has been cancelled.

(2) The cancellation of a penalty charge notice under this paragraph is not to be taken to prevent TfL concerned from serving a fresh penalty charge notice on the same or another person.

Rejection of representations against penalty charge notice E+W+S

8.—(1) Where any representations are made under paragraph 6 but TfL does not accept that a ground has been established, the notice served under paragraph 6(6) (“the notice of rejection”) must—

(a) state that a charge certificate may be served under paragraph 10 unless before the end of the period of 28 days beginning with the date of service of the notice of rejection—

(i) the penalty charge is paid; or

(ii) the person on whom the notice is served appeals to an adjudicator against the penalty charge;

(b) indicate the nature of an adjudicator's power to award costs against any person appealing to the adjudicator; and

(c) describe in general terms the form and manner in which an appeal to an adjudicator must be made.

(2) A notice of rejection may contain such other information as TfL considers appropriate.

Adjudication by an adjudicator E+W+S

9.—(1) Where TfL serves notice under paragraph 6(6) that it does not accept that a ground on which representations were made under that paragraph has been established, the person making those representations may appeal to an adjudicator against TfL's decision before—

(a) the end of the period of 28 days beginning with the date of service of that notice; or

(b) such longer period as an adjudicator may allow, following consultation with TfL.

(2) An adjudicator may allow a longer period for an appeal under sub-paragraph (1)(b) whether or not the period specified in sub-paragraph (1)(a) has already expired.

(3) On an appeal under this paragraph, the adjudicator must consider the representations in question and any additional representations which are made by the appellant on any of the grounds mentioned in paragraph 6(3) and may give TfL such directions as the adjudicator considers appropriate.

(4) TfL must comply with a direction of the adjudicator given under sub-paragraph (3).

Charge certificates E+W+S

10.—(1) Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, TfL may serve on that person a statement (a “charge certificate”) to the effect that the penalty charge in question is increased to the sum specified in the statement of charges under which it was incurred.

(2) Where TfL has served a charge certificate on any person it may cancel the charge certificate and serve or cancel such further charge certificates as it thinks fit.

(3) The relevant period, in relation to a penalty charge notice, is the period of 28 days beginning—

(a) where no representations are made under paragraph 6, with the date on which the penalty charge notice is served;

(b) where—

(i) such representations are made;

(ii) a notice of rejection is served by TfL; and

(iii) no appeal against the notice of rejection is made,

with the date on which the notice of rejection is served; or

(c) where there has been an unsuccessful appeal against a notice of rejection, with the date on which notice of the adjudicator's decision is served on the appellant.

(4) Where an appeal against a notice of rejection is made but is withdrawn before the adjudicator gives notice of the adjudicator's decision, the relevant period in relation to a penalty charge notice is the period of 14 days beginning with the date on which the appeal is withdrawn.

Enforcement of charge certificate E+W+S

11.  Where a charge certificate has been served on any person and the increased penalty charge provided for in the certificate is not paid before the end of the period of 14 days beginning with the date on which the certificate is served, TfL may, if a county court so orders, recover the increased charge as if it were payable under a county court order.

Invalid notices E+W+S

12.—(1) This paragraph applies where—

(a) a county court makes an order under paragraph 11;

(b) the person against whom it is made makes a statutory declaration complying with sub-paragraph (2); and

(c) that declaration is, before the end of the period of 21 days beginning with the date on which notice of the county court's order is served on that person, served on the county court which made the order.

(2) The statutory declaration must state that the person making it—

(a) did not receive the penalty charge notice in question;

(b) made representations to TfL under paragraph 6 but did not receive a notice of rejection; or

(c) appealed to an adjudicator under paragraph 9 against the rejection by TfL of representations made by that person under paragraph 6 but had no response to the appeal.

(3) Sub-paragraph (4) applies where it appears to a county court, on the application of a person on whom a charge certificate has been served, that it would be unreasonable in the circumstances of that person's case to insist on that person serving a statutory declaration within the period of 21 days allowed for by sub-paragraph (1).

(4) Where this sub-paragraph applies, the county court may allow such longer period for service of the statutory declaration as the county court considers appropriate.

(5) Where a statutory declaration is served under sub-paragraph (1)(c)—

(a) the order of the court is deemed to have been revoked;

(b) the charge certificate is deemed to have been cancelled;

(c) in the case of a declaration under sub-paragraph (2)(a), the penalty charge notice to which the charge certificate relates is deemed to have been cancelled; and

(d) the district judge must serve written notice of the effect of service of the declaration on the person making it and on TfL.

(6) Service of a declaration under sub-paragraph (2)(a) must not be taken to prevent TfL from serving a fresh penalty charge notice on the same or another person.

(7) Where a declaration has been served under sub-paragraph (2)(b) or (c), TfL must refer the case to the adjudicator who may give such directions as the adjudicator considers appropriate.

Enforcement by execution E+W+S

13.—(1) Subject to sub-paragraph (2)—

(a) an unpaid penalty charge which is recoverable in accordance with paragraph 11 as if it were payable under a county court order; and

(b) a sum to be paid by a person (other than TfL) under an adjudication of an adjudicator which is recoverable in accordance with paragraph 14 as if it were payable under a county court order,

is to be treated for purposes of enforcement by execution as if it was a specified debt in the Enforcement of Road Traffic Debts Order 1993 (“the 1993 Order”) M109 .

(2) For the purposes of the enforcement of an unpaid penalty charge referred to in sub-paragraph (1)(a) or the enforcement of the payment of a sum referred to in sub-paragraph (1)(b)—

(a) any reference in the 1993 Order to “the authority” is to be treated as a reference to TfL; and

(b) the reference in article 3(1) of the 1993 Order to “the time for serving a statutory declaration” is to be treated as a reference to, as the case may be—

(i) the period of 21 days allowed by paragraph 12(1)(c); or

(ii) where a longer period has been allowed pursuant to paragraph 12(4), that period.

Marginal Citations

M109 S.I. 1993/2073.

14.  Any amount which is payable under an adjudication must, if a county court so rules, be recoverable by the person to whom the amount is payable, as if it were payable under a county court order. E+W+S

Service by post E+W+S

15.  Any penalty charge notice, charge certificate or other notice under this Schedule may be served by post (or in such other form as is agreed between the person to be served and TfL) and, where the person on whom it is to be served is a body corporate, is duly served if it is sent by post to the secretary or clerk of that body.

Procedure E+W+S

16.  The procedure to be applied to proceedings under this Schedule is that which applies to adjudication proceedings in relation to road user charging under the Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 M110 as amended from time to time.

Marginal Citations

M110 S.I. 2001/2313.

Article 48

SCHEDULE 9 E+W+S BLACKWALL AND SILVERTOWN TUNNELS BYELAWS

PART 1 E+W+S PRELIMINARY

Citation and commencement E+W+S

1.  These byelaws may be cited as the Blackwall and Silvertown Tunnels Byelaws 2018 and are deemed to be made by Transport for London under article 48(1) of the Silvertown Tunnel Order 2018 M111 and confirmed by the Secretary of State as provided for by article 48(2) of that Order.

Marginal Citations

M111 S.I. 2018/574.

Interpretation E+W+S

2.—(1) In these byelaws unless the context otherwise requires—

“the approaches” means the Blackwall Tunnel approaches and the Silvertown Tunnel approaches”;

“authorised person” means—

(a)

a person acting in the course of that person's duties who—

(i)

is an employee, agent, contractor or sub-contractor of TfL; or

(ii)

is authorised by TfL; or

(b)

a constable, Police Community Support Officer, an officer of the Driver and Vehicle Standards Agency, an officer of the Health and Safety Executive, person authorised for the purposes of section 44 (powers of fire-fighters etc in an emergency etc) of the Fire Services Act 2004 M112 or a person accredited by or under section 41 (accreditation under community safety accreditation schemes) of the Police Reform Act 2002 M113 , acting in the execution of that person's duties within the tunnels;

“the Blackwall Tunnel” means the twin bore road tunnel under the river Thames between Blackwall and the Greenwich Peninsula and forming part of the A102 road, which is a GLA road, as shown by solid green lines on the tunnels location and operational boundaries plans;

“the Blackwall Tunnel approaches” means the northern and southern approaches to the Blackwall Tunnel, the linear extent of which is shown by dashed green lines on the tunnels location and operational boundaries plans;

“the Blackwall Tunnel area” means the extent of the public highway comprised in and along the Blackwall Tunnel and the Blackwall Tunnel approaches;

“the byelaws” means these byelaws;

“dangerous goods” means a substance or article of which the international carriage by road is prohibited, or authorised on certain conditions, by Annex A of the European Agreement Concerning the International Carriage of Dangerous Goods by Road as from time to time amended;

“fixed penalty notice” is a notice issued under article 49 (fixed penalty notices) of the Silvertown Tunnel Order 2018;

“marshalling area” means an area (if any) provided for the marshalling of motor vehicles using, or intending to use, the tunnels;

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“notice” includes a sign, signal and a digital or other display, and in appropriate circumstances, an audible announcement;

“the Silvertown Tunnel” means the twin bore road tunnel to be constructed as Work No. 1, and as shown by solid blue lines on the tunnels location and operational boundaries plans;

“the Silvertown Tunnel approaches” means the northern and southern approaches to the Silvertown Tunnel, the linear extent of which is shown by dashed blue lines on the tunnels location and operational boundaries plans;

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

“TfL” means Transport for London, the body corporate established under section 154 (establishment) of the Greater London Authority Act 1999, of Windsor House, 42 Victoria Street, London, SW1H 0TL;

“trailer” means a vehicle (including a horse box) designed or adapted to be towed by a motor vehicle;

“the tunnels” means the Blackwall Tunnel and the Silvertown Tunnel;

“the tunnels areas” means the Blackwall Tunnel area and the Silvertown Tunnel area;

“tunnel equipment” includes plant and machinery, and any emergency, safety or communications equipment;

“tunnel infrastructure” means the structure (including the carriageway) of the Blackwall Tunnel and the Silvertown Tunnel;

“the tunnels location and operational boundaries plans” means the plans of that description certified by the Secretary of State under article 65 (certification of documents) of the Silvertown Tunnel Order 2018;

“vaporiser” means an electronic device that can be used to deliver nicotine or other substances to a person inhaling from the device; and

“Work No. 1” means the work of that description in Schedule 1 (authorised development) to the Silvertown Tunnel Order 2018.

(2) References in these byelaws to TfL include any wholly-owned subsidiary (as defined in section 1159 (meaning of “subsidiary” etc) of the Companies Act 2006 M114 ) of TfL.

(3) The Interpretation Act 1978 M115 applies to the interpretation of these byelaws as it applies to the interpretation of an Act of Parliament.

Marginal Citations

M112 2004 c. 21.

M113 2002 c. 30.

M114 2006 c. 46.

M115 1978 c. 30.

PART 2 E+W+S CONDUCT AND BEHAVIOUR

Smoking etc. E+W+S

3.  A person in the tunnels must not—

(a) smoke or carry an item that is alight including a lit cigar, cigarette, cigarillo, match, pipe or lighter; or

(b) use a vaporiser.

Unacceptable behaviour E+W+S

4.  A person must not—

(a) climb upon, remove or damage (whether deliberately or negligently) any tunnel infrastructure or tunnel equipment;

(b) remove, move or otherwise interfere with the tunnels or any machinery, apparatus, tools or other things in use or intended for use in connection with the tunnels;

(c) post a bill, placard or notice on any tunnel infrastructure or tunnel equipment;

(d) write, print, draw or paint on or cut, mark or stamp any tunnel infrastructure or tunnel equipment;

(e) fix anything to any tunnel equipment or tunnel infrastructure;

(f) spit, urinate or defecate in the tunnels areas;

(g) leave litter or waste in the tunnels areas;

(h) move, alter, deface or otherwise interfere with any notice belonging to TfL which is exhibited or placed in the tunnels areas; or

(i) without prejudice to any other requirement of these byelaws, act in any way as to cause a nuisance in the tunnels areas.

PART 3 E+W+S EQUIPMENT AND SAFETY

General safety E+W+S

5.—(1) A person must not operate, obstruct, interfere with or stop any tunnel equipment except—

(a) by means of any of the controls intended for use by that person; or

(b) in an emergency and by means of equipment on or near which is a notice indicating that it is to be used in an emergency.

(2) A person must not place, throw, drop or trail anything which is capable of injuring or endangering any person or damaging any property in the tunnels areas.

(3) A person must not obstruct or in any way interfere with the tunnels areas.

(4) A person must not, without reasonable cause, activate, use or interfere with any emergency, safety or communications equipment within the tunnels areas.

PART 4 E+W+S ACCESS AND TRAFFIC

Unauthorised access and loitering E+W+S

6.—(1) A person must not enter, attempt to enter or remain in any part of the tunnels areas where there is a notice prohibiting or restricting access.

(2) A person must not loiter in the tunnels areas if asked to leave by an authorised person.

(3) A driver of a motor vehicle must not sleep within the tunnels areas.

Traffic regulation E+W+S

7.—(1) A person (other than an authorised person) must not enter the tunnels on foot.

(2) A person (other than an authorised person) must not use or cause to be used within the tunnels areas a pedal cycle (whether electric or not), tricycle, barrow, cart, buggy, pedicab, rickshaw, vehicle used as a personal transporter, or human or animal drawn means of conveyance except if it is conveyed as the load or part of the load of a motor vehicle.

(3) A person must not take into the tunnels an animal unless the animal is enclosed in a motor vehicle or trailer.

(4) A person must not release an animal from a motor vehicle.

(5) A person must not enter the tunnels in a vehicle which has insufficient fuel or power for the journey to be completed in the tunnels without the need for additional fuel or power.

(6) A person must not abandon a motor vehicle in the tunnels areas except in an emergency as directed by an authorised person.

(7) A person must not operate a motor vehicle music or sound system at such volume as to cause nuisance to users of the tunnels.

(8) A person must not unnecessarily, inappropriately or excessively use a car horn, klaxon or lights (including car lamps) in the tunnels areas.

(9) A person must not take or cause to be taken into the tunnels areas a motor vehicle which by reason of its condition is likely to break down or is in such condition as is likely to injure persons or damage property.

(10) A person must not use or cause to be used a motor vehicle in the tunnels unless the load carried by the motor vehicle is at all times contained or secured (if necessary by physical restraint other than its own weight) and is in such a position that neither danger nor nuisance is caused or is likely to be caused to a person or property by reason of the load or any part of the load falling or being thrown from the motor vehicle.

(11) No driver of or passenger in a motor vehicle which has broken down may carry out repairs to or refuel a motor vehicle in the tunnels areas without the permission of an authorised person.

(12) A driver of a motor vehicle which has broken down in the tunnels areas must—

(a) immediately notify an authorised person of the breakdown; and

(b) switch on the motor vehicle's hazard lights.

(13) A driver of a motor vehicle which has shed its load in full or in part in the tunnels such that it has caused, or may cause, an obstruction or other hazard to users of the tunnels must—

(a) not attempt to reclaim the load;

(b) immediately inform an authorised person of the loss of the load and of its approximate location; and

(c) immediately inform an authorised person of the identity of, and contact details for, the owner of the load.

(14) A person must not take into the Blackwall Tunnel a motor vehicle which has—

(a) a weight of more than 44,000 kilograms;

(b) an axle load of more than 10,000 kilograms for a single non-driving axle and 11,500 kilograms for a single driving axle;

(c) a width of more than 2.9 metres; or

(d) a rigid length of more than 18.65 metres.

(15) A person must not take into the Blackwall Tunnel a motor vehicle of a height greater than the heights set out in this table—

Direction	Traffic lanes and maximum vehicle heights
Northbound	Lane 1 (nearside): 4 metres or 13 feet Lane 2 (offside): 2.8 metres or 9 feet
Southbound	Both lanes: 4.7 metres or 15 feet and six inches

(16) A driver of a motor vehicle must not (unless directed by an authorised person) drive in the tunnels areas at a speed of less than ten miles per hour except where the driver is prevented from driving at or above ten miles per hour on account of the traffic flow.

(17) A driver of a motor vehicle must comply with any direction given by an authorised person or traffic notice, sign or signal at any time in terms of the traffic lanes to be used by motor vehicles or not to be used by motor vehicles.

Dangerous goods E+W+S

8.—(1) A person must not, except with the consent of TfL, take or cause or permit to be taken into the tunnels areas a motor vehicle carrying dangerous goods and must at all times when in the tunnels areas comply with the conditions imposed by paragraph (2) below.

(2) The consent of TfL, if granted, is subject to the following conditions—

(a) no person may drive into the tunnels any motor vehicle to which paragraph (1) applies except with such escort as may be directed or required by an authorised person and the driver of every such motor vehicle must take and comply with such directions or precautionary measures as an authorised person considers expedient in the circumstances; and

(b) a driver of a motor vehicle to which paragraph (1) applies must be accompanied by a person legally entitled to drive the motor vehicle who will be capable of stopping the motor vehicle in the event of sudden illness or incapacity overtaking the driver while in the tunnels.

(3) The driver of a motor vehicle to which paragraph (1) applies must stop on arriving at any marshalling area and must not proceed further into the tunnels without the consent of, or as directed by, an authorised person.

(4) The consent of TfL under this byelaw may be granted generally or specifically, including in respect of any category or description of dangerous goods.

(5) TfL must provide and maintain on its website a mechanism for potential tunnel users to obtain the consent required under paragraph (1) above or granted under paragraph (4).

(6) A driver of a motor vehicle in the tunnels areas must not prevent an authorised person from inspecting the motor vehicle for the purpose of ascertaining compliance with the requirements which apply at any time in respect of the carriage of dangerous goods.

PART 5 E+W+S ENFORCEMENT, ETC.

Name and address E+W+S

9.—(1) A person reasonably suspected by an authorised person of breaching or attempting to breach a byelaw must immediately give that person's name and address when requested to do so by an authorised person.

(2) The authorised person requesting details under byelaw 9(1) must state the nature of the suspected breach of the byelaw in general terms at the time of the request.

Compliance with instructions and notices, etc. E+W+S

10.—(1) A person in the tunnels areas must carry out the reasonable instructions of an authorised person or the requirements of a notice displayed by TfL.

(2) A person must not obstruct an authorised person acting in the course of the duties of the authorised person.

(3) A person acting in compliance with the instructions of an authorised person does not commit a breach of the byelaw which otherwise prohibits the act.

(4) A person is not subject to a penalty for breach of a byelaw by disobeying a notice unless it is proved to the satisfaction of the Court before whom the complaint is laid that the notice referred to in the particular byelaw was displayed.

Identification of authorised persons E+W+S

11.—(1) An authorised person who is exercising any power conferred on an authorised person by any of the byelaws must produce a form of identification when requested to do so.

(2) The form of identification mentioned in byelaw 11(1) must include the name of the authorised person's employer and a means of identifying the authorised person.

Breaches by authorised persons E+W+S

12.  An authorised person acting in the course of the duties of the authorised person is not liable for a breach of a byelaw.

Attempted breach E+W+S

13.  A person who attempts to breach a byelaw is liable to the same penalty as a person who breaches a byelaw.

Article 50

SCHEDULE 10 E+W+S CLASSIFICATION OF ROADS, ETC.

PART 1 E+W+S CLASSIFICATION AND DESIGNATION OF GLA ROADS (TRANSPORT FOR LONDON ROAD NETWORK)

In the administrative area of the Royal Borough of Greenwich—

A12 Blackwall Tunnel Southern Approach Southbound E+W+S

1.  A length of highway proposed to be improved and to be classified as part of the A12, commencing from the existing Blackwall Tunnel South Portal on the existing A102 Blackwall Tunnel southern approach Southbound carriageway and continuing in a generally south-easterly direction to a point where it merges with the Silvertown Tunnel southern approach Southbound carriageway, at a point 115 metres north-west of the centre point of where it passes under the existing Boord Street footbridge.

Identified by a green line on the classification of roads plans (classification).

A12 Blackwall Tunnel Southern Approach Northbound E+W+S

2.  A length of highway proposed to be improved and to be classified as part of the A12, commencing from a point where it diverges from the Silvertown Tunnel southern approach Northbound carriageway, at a point 160 metres north-west of the centre point of where it passes under the existing Boord Street footbridge, and continuing in a generally north-westerly direction, to the existing Blackwall Tunnel South Portal on the existing A102 Blackwall Tunnel southern approach Northbound carriageway.

Identified by a green line on the classification of roads plans (classification).

A12 Crossover between Blackwall Tunnel Southern Approach Northbound and Southbound Carriageways E+W+S

3.  A length of highway proposed to be improved and to be classified as part of the A12, commencing from a point on the existing A102 Blackwall Tunnel southern approach Northbound carriageway 350 metres south of the existing Blackwall Tunnel South Portal, and continuing in a generally northerly direction, to a point where it joins the existing A102 Blackwall Tunnel southern approach Southbound carriageway at a point 400 metres south of the existing Blackwall Tunnel South Portal, at a point immediately south of the existing junction of the A102 Blackwall Tunnel southern approach Southbound with the existing Pavilion Lane.

Identified by a green line on the classification of roads plans (classification).

Pavilion Lane (Realigned) (to Millennium Way) E+W+S

4.  A length of new unclassified highway proposed to be constructed and to be designated as a GLA Road (forming part of the Transport for London Road Network (“TLRN”)), commencing at a point on the existing A102 Blackwall Tunnel southern approach Southbound 130 metres south of the existing Blackwall Tunnel Southbound South Portal and continuing in a generally southerly direction then turning eastwards to its junction with the existing Millennium Way, at a point 90 metres north-west of its junction with the existing Edmund Halley Way.

Identified by a dark blue line on the classification of roads plans (designation).

Pavilion Lane (Realigned) (from Millennium Way) E+W+S

5.  A length of new unclassified highway proposed to be constructed and to be designated as a GLA Road (forming part of the TLRN), commencing from a point on the existing Millennium Way 75 metres north-west of its junction with the existing Edmund Halley Way and continuing in a generally southerly direction to its junction with the Silvertown Tunnel southern approach Northbound, proposed to be located 75 metres south-west of the centre point of the existing Millennium Way, which is 50 metres south-east of the centre point of its junction with the existing Edmund Halley Way.

Identified by a dark blue line on the classification of roads plans (designation).

A102 Silvertown Tunnel Southern Approach Northbound E+W+S

6.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), commencing from a point where it diverges from the A102 Blackwall Tunnel southern approach Northbound carriageway at a point 160 metres north-west of the centre point of where it passes under the existing Boord Street footbridge, and continuing in a generally northerly direction to the South Portal of the Silvertown Tunnel (Northbound) proposed to be located 40 metres south-west of the centre point of the existing Millennium Way which is 50 metres south-east of the centre point of its junction with the existing Edmund Halley Way.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Silvertown Tunnel Southern Approach Southbound E+W+S

7.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), commencing from the South Portal of the Silvertown Tunnel (Southbound) proposed to be located 40 metres south-west of the centre point of the existing Millennium Way which is 65 metres south-east of the centre point of its junction with the existing Edmund Halley Way, and continuing in a generally south-easterly direction to a point where it merges with the existing A102 Blackwall Tunnel southern approach Southbound carriageway, at a point 115 metres north-west of the existing Boord Street footbridge.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

In the administrative areas of the Royal Borough of Greenwich and the London Borough of Newham—

A102 The Silvertown Tunnel Northbound E+W+S

8.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Tunnel (Northbound), commencing from a point at the South Portal of the proposed Silvertown Tunnel proposed to be located 30 metres south-west of the centre point of the existing Millennium Way, which is 55 metres south-east of the centre point of its junction with the existing Edmund Halley Way, to a point at the North Portal of the proposed Silvertown Tunnel proposed to be located 65 metres west of the centre point of the existing westbound carriageway of the existing A1101 Silvertown Way that is 20 metres north-west of the point where the existing A1020 Silvertown Way off-slip diverges from the existing A1101 Silvertown Way westbound, and crossing the Borough boundary at the mid-point beneath the river Thames.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 The Silvertown Tunnel Southbound E+W+S

9.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Tunnel (Southbound), commencing from a point at the North Portal of the proposed Silvertown Tunnel, proposed to be located 50 metres west of the centre point of the existing westbound carriageway of the existing A1101 Silvertown Way that is 20 metres north-west of the point where the existing A1020 Silvertown Way off-slip diverges from the existing A1101 Silvertown Way westbound, to a point at the South Portal of the proposed Silvertown Tunnel, which is proposed to be located 30 metres south-west of the centre point of the existing Millennium Way which is 65 metres south-east of the centre point of its junction with the existing Edmund Halley Way, and crossing the Borough boundary at the mid-point beneath the river Thames.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

In the administrative area of the London Borough of Newham—

A102 The Silvertown Tunnel Northern Approach Northbound E+W+S

10.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Tunnel northern approach Northbound, commencing from the North Portal of the Silvertown Tunnel (Northbound) proposed to be located 65 metres west of the centre point of the existing westbound carriageway of the existing A1101 Silvertown Way which is 20 metres north-west of the point where the existing A1020 Silvertown Way off-slip diverges from the existing A1101 Silvertown Way westbound, and continuing, in a generally north westerly direction to the point where it joins the new Tidal Basin Roundabout, at a point 90 metres west of the point where the existing A1011 Silvertown Way off-slip joins the Tidal Basin Roundabout.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 The Silvertown Tunnel Northern Approach Southbound E+W+S

11.  A length of new highway proposed to be constructed and to be classified as the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Tunnel northern approach Southbound, commencing from its junction with the new Tidal Basin Roundabout, at a point 70 metres west of the point where the existing A1011 Silvertown Way off-slip joins the Tidal Basin Roundabout and continuing in a generally south-easterly direction to the North Portal of the Silvertown Tunnel (Southbound) proposed to be located 50 metres west of the centre point of the existing westbound carriageway of the existing A1011 Silvertown Way which is 20 metres north-west of the point where the existing A1020 Silvertown Way off-slip diverges from the existing A1101 Silvertown Way westbound.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Silvertown Way Off-Slip (Dedicated Left Turn) E+W+S

12.  A length of new highway proposed to be constructed and to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Silvertown Way Off-Slip dedicated left turn, commencing from a point on the existing A1020 Silvertown Way off-slip 40 metres south-east of the point where the existing A1020 Silvertown Way off-slip joins the Tidal Basin Roundabout and continuing initially in a north-westerly direction then turning in a southerly direction to a point where it joins the Silvertown Tunnel northern approach Southbound, 35 metres south-east of the existing Scarab Close.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Tidal Basin Roundabout E+W+S

13.  A length of highway comprising, in part, improved existing highway and, in part, new highway proposed to be constructed, all to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as Tidal Basin Roundabout, over the entire length of the circulatory carriageway of the Tidal Basin Roundabout and including a section of new carriageway through the centre island of the roundabout.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Lower Lea Crossing Eastbound E+W+S

14.  A length of existing highway proposed to be improved and to be classified as part of the A102, and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Lower Lea Crossing (eastbound), commencing from a point on the existing A1020 Lower Lea Crossing at the centre point of where the existing A1020 Lower Lea Crossing meets the Borough boundary, and continuing in a generally south-easterly direction to a point where it joins the new Tidal Basin Roundabout at a point 90 metres south-west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way, and continuing in a generally south easterly direction towards the Silvertown Tunnel northern approach Southbound to a point where it joins the new Tidal Basin Roundabout at a point 95 metres south-west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Lower Lea Crossing Westbound E+W+S

15.  A length of existing highway proposed to be improved and to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Lower Lea Crossing (westbound), commencing from a point on the existing A1020 Lower Lea Crossing at the centre point of where the existing A1020 Lower Lea Crossing meets the Borough boundary and continuing in a generally south easterly direction to a point where it joins the new Tidal Basin Roundabout at a point 105 metres south west of the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

In the administrative area of the London Borough of Tower Hamlets—

A102 Lower Lea Crossing (Eastbound and Westbound) E+W+S

16.  A length of existing highway proposed to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Lower Lea Crossing (westbound and eastbound), commencing from a point on the existing A1020 Lower Lea Crossing at the centre point of where the existing A1020 Lower Lea Crossing meets the Borough boundary and continuing in a generally north westerly direction to a point where it joins the existing A1020 Leamouth Circus Roundabout at a point 35 metres north-west of the centre point of where the existing A1020 Lower Lea Crossing crosses the existing Docklands Light Railway.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Leamouth Circus Roundabout E+W+S

17.  A length of existing highway proposed to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Leamouth Circus Roundabout, over the entire length of the circulatory carriageway of the existing A1020 Leamouth Circus Roundabout including spurs leading off the arms of the roundabout for a length terminating at the crossing point of the existing roads, in each case.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A102 Leamouth Road (Northbound and Southbound) E+W+S

18.  A length of existing highway proposed to be classified as part of the A102 and to be designated as a GLA Road (forming part of the TLRN), and to be known as the Leamouth Road (northbound and southbound), commencing from the point of its junction with the existing A1020 Leamouth Circus Roundabout, and continuing in a generally northerly direction to its junction with the existing A13 East India Dock Road, including the off-slip and the on-slip on the existing A13 East India Dock Road.

Identified by a dark blue line on the classification of roads plans (classification) and by a dark blue line on the classification of roads plans (designation).

A12 Blackwall Tunnel Northern Approach Southbound E+W+S

19.  A length of existing highway proposed to be classified as part of the A12, commencing from a point where it diverges from the existing A12 Blackwall Tunnel northern approach Southbound carriageway, at the junction with the existing A13 East India Dock Road, and continuing in a generally south-easterly direction, to the existing Blackwall Tunnel North Portal on the existing A102 Blackwall Tunnel northern approach Southbound carriageway, and including the on-slip from the existing A13 East India Dock Road.

Identified by a green line on the classification of roads plans (classification).

A12 Blackwall Tunnel Northern Approach Northbound E+W+S

20.  A length of existing highway proposed to be classified as part of the A12, commencing from the existing Blackwall Tunnel North Portal on the existing A102 Blackwall Tunnel northern approach Northbound carriageway and continuing in a generally northerly direction to a point where it joins the existing A12 Blackwall Tunnel northern approach Northbound carriageway, at the junction with the existing A13 East India Dock Road, and including the off-slip on the existing A13 East India Dock Road.

Identified by a green line on the classification of roads plans (classification).

In the administrative areas of the Royal Borough of Greenwich and the London Borough of Tower Hamlets—

A12 Blackwall Tunnel Southbound E+W+S

21.  A length of existing highway proposed to be classified as the A12, commencing from a point at the North Portal of the existing Blackwall Tunnel Southbound, to a point at the South Portal of the existing Blackwall Tunnel Southbound, crossing the Borough boundary at the mid-point beneath the river Thames.

Identified by a green line on the classification of roads plans (classification).

A12 Blackwall Tunnel Northbound E+W+S

22.  A length of existing highway proposed to be classified as the A12, commencing from a point at the South Portal of the existing Blackwall Tunnel Northbound, to a point at the North Portal of the existing Blackwall Tunnel Northbound, crossing the Borough boundary at the mid-point beneath the river Thames.

Identified by a green line on the classification of roads plans (classification).

PART 2 E+W+S RE-DESIGNATION OF GLA ROAD AS A LOCAL AUTHORITY (‘BOROUGH’) ROAD

In the administrative area of the Royal Borough of Greenwich—

Tunnel Avenue E+W+S

23.  A length of existing GLA Road (forming part of the A102 Blackwall Tunnel southern approach Northbound) proposed to be improved and to be designated as ceasing to be a GLA road, and becoming unclassified, commencing from a point close to the existing Tunnel Avenue where the existing bus link joins the existing A102 Blackwall Tunnel northern approach Northbound, 65 metres north-west of the existing Boord Street footbridge, in a generally north-westerly direction, to a point on the existing Tunnel Avenue 100 metres south-east of the existing Blackwall Tunnel Gate House located on the A102 Blackwall Tunnel northern approach Northbound.

Identified by an orange line on the classification of roads plans (designation).

Article 61

SCHEDULE 11 E+W+S TRAFFIC REGULATION MEASURES, ETC.

PART 1 E+W+S SPEED LIMITS AND RESTRICTED ROADS

Note 1: Where roads are to become restricted roads as indicated in Part 1 of this Schedule and as shown on the plans relating to this Schedule (the traffic regulation measures plans (speed limits and restricted roads)), speed limits are to apply in accordance with the provisions of the 1984 Act (which defines national speed limits of 30 miles per hour on ‘restricted roads’ by reference to street lighting).

Note 2: Where existing speed limits (to be retained) are shown on the traffic regulation measures plans (speed limits and restricted roads) (sheets 1 to 4) which relate to Part 1 of this Schedule, this is for information only and such speed limits are not subject to this order.

Borough (1)	Road name, number and length (2)	Speed limit and restricted road status (3)
The traffic regulation measures plans (speed limits and restricted roads) sheet 1
Royal Borough of Greenwich	Silvertown Tunnel southern approach Southbound A length of new highway from the south portal of the Silvertown Tunnel Southbound, in a generally south-easterly direction to a point where it merges with the existing A102 Blackwall Tunnel southern approach southbound.	Restricted road
	Silvertown Tunnel southern approach Northbound A length of new highway from its junction with the existing A102 Blackwall Tunnel southern approach northbound, in a generally northerly direction to the south portal of the Silvertown Tunnel Northbound.	Restricted road
	Pavilion Lane (realigned) A length of new highway from a point on the existing A102 Blackwall Tunnel southern approach Southbound 130 metres south of the existing Blackwall Tunnel Southbound South Portal, in a generally southerly direction then turning eastwards to its junction with the northbound carriageway of the existing Millennium Way, for a distance of 150 metres, and a length of new highway from a point on the northbound carriageway of the existing Millennium Way 75 metres to the north west of its junction with the existing Edmund Halley Way, in a generally southerly direction to its junction with the Silvertown Tunnel southern approach Northbound, for a distance of 215 metres.	Restricted road
The traffic regulation measures plans (speed limits and restricted roads) sheets 1 and 2
Royal Borough of Greenwich	Silvertown Tunnel A length of new highway (tunnel) from the Borough boundary between the Royal Borough of Greenwich and the London Borough of Newham at the centre of the river Thames to the south portal of the Silvertown Tunnel southern approach along both the northbound and southbound carriageways of the tunnel.	Restricted road
The traffic regulation measures plans (speed limits and restricted roads) sheets 2 and 3
London Borough of Newham	Silvertown Tunnel A length of new highway (tunnel) from the north portal of the Silvertown Tunnel northern approach to the Borough boundary between the Royal Borough of Greenwich and the London Borough of Newham at the centre of the river Thames, along both the northbound and southbound carriageways of the tunnel.	Restricted road
The traffic regulation measures plans (speed limits and restricted roads) sheet 3
London Borough of Newham	Silvertown Tunnel northern approach A length of new highway from the point where Silvertown Tunnel northern approach meets Tidal Basin Roundabout in a generally south-easterly direction to the north portal of the Silvertown Tunnel along both the northbound and southbound carriageways.	Restricted road
	Silvertown Way Off-Slip (Dedicated Left Turn) A length of new highway from a point on the A1020 Silvertown Way off-slip 40 metres south-east of the Tidal Basin Roundabout initially in a north-westerly direction then turning in a southerly direction to a point where it joins the Silvertown Tunnel northern approach southbound.	Restricted road
	Dock Road (realigned) A length of new highway from the point where the realigned Dock Road meets Tidal Basin Roundabout, in a south easterly direction, for a distance of 430 metres.	Restricted road
	Tidal Basin Roundabout A length of the circulatory carriageway, including the north to south through link, from a point on the existing Tidal Basin Roundabout at the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way, and continuing in a generally south-westerly direction and then turning southwards and then turning eastwards to the centre point of where the existing Tidal Basin Roundabout passes under the existing A1011 Silvertown Way.	Restricted road
	Tunnel Services Compound Access Road (off realigned Dock Road) A length of new highway from its junction with the realigned Dock Road (360 metres south-east from where Dock Road meets the new Tidal Basin Roundabout) in a generally north westerly direction, for a distance of 80 metres.	20 miles per hour Removal of restricted road status
The traffic regulation measures plans (speed limits and restricted roads) sheet 4
London Borough of Tower Hamlets	Leamouth Circus Roundabout The length of circulatory carriageway on the existing Leamouth Circus Roundabout.	Restricted road
	Aspen Way (Westbound) A length of existing highway from the point where Aspen Way westbound carriageway meets Leamouth Circus Roundabout in a westerly direction for 40 metres.	Restricted road
	A1020 Leamouth Road A length of existing highway from the point where A1020 Leamouth Road meets Leamouth Circus Roundabout in northerly direction for 150 metres along both the northbound and southbound carriageways.	Restricted road

PART 2 E+W+S TRAFFIC REGULATION MEASURES (CLEARWAYS AND PROHIBITIONS)

Borough (1)	Road name, number and length (2)	Measures (3)
The traffic regulation measures (clearways and prohibitions) plans, sheet 1
Royal Borough of Greenwich	Silvertown Tunnel southern approach Southbound A length of new highway from the south portal of the Silvertown Tunnel Southbound, in a generally south-easterly direction to a point where it merges with the existing A102 Southbound.	Clearway (Red Route) (to include verges)
	Silvertown Tunnel southern approach Northbound A length of new highway from its junction with the existing A102 Blackwall Tunnel southern approach northbound, in a generally northerly direction to the south portal of the Silvertown Tunnel Northbound.	Clearway (Red Route) (to include verges)
	Pavilion Lane (realigned) A length of new highway from a point on the existing A102 Blackwall Tunnel southern approach Southbound 130 metres south of the existing Blackwall Tunnel Southbound South Portal, in a generally southerly direction then turning eastwards to its junction with the northbound carriageway of the existing Millennium Way, for a distance of 150 metres, and a length of new highway from a point on the northbound carriageway of the existing Millennium Way 75 metres to the north west of its junction with the existing Edmund Halley Way, in a generally southerly direction to its junction with the Silvertown Tunnel southern approach Northbound, for a distance of 215 metres.	Clearway (Red Route Side Road) (to include verges)
The traffic regulation measures (clearways and prohibitions) plans, sheets 1 and 2
Royal Borough of Greenwich	Silvertown Tunnel A length of new highway (tunnel) from the Borough boundary between the Royal Borough of Greenwich and the London Borough of Newham at the centre of the river Thames to the south portal of the Silvertown Tunnel southern approach along both the northbound and southbound carriageways.	Clearway (Red Route) (to include verges)
The traffic regulation measures (clearways and prohibitions) plans, sheets 2 and 3
London Borough of Newham	Silvertown Tunnel A length of new highway (tunnel) from the north portal of the Silvertown Tunnel northern approach to the Borough boundary between Royal Borough of Greenwich and London Borough of Newham at the centre of the river Thames along both the northbound and southbound carriageways.	Clearway (Red Route) (to include verges)
The traffic regulation measures (clearways and prohibitions) plans, sheet 3
London Borough of Newham	Silvertown Tunnel northern approach A length of new highway from the point where Silvertown Tunnel northern approach meets Tidal Basin Roundabout in a generally south easterly direction to the north portal of the Silvertown Tunnel along both the northbound and southbound carriageways.	Clearway (Red Route) (to include verges)
	Silvertown Way Off-Slip (Dedicated Left Turn) A length of new highway from a point on the A1020 Silvertown Way off-slip 40 metres south-east of the Tidal Basin Roundabout initially in a north-westerly direction then turning in a southerly direction to a point where it joins the Silvertown Tunnel Approach Southbound.	No Stopping (Red Route)
	Tidal Basin Roundabout The length of the entire circulatory carriageway of the Tidal Basin Roundabout including the north to south through link.	No Stopping (Red Route)
	A1020 Silvertown Way Northbound Off-Slip A length of existing slip road from the start of the nosing on the A1020 Silvertown Way northbound to the point where the slip road meets Tidal Basin Roundabout.	No Stopping (Red Route Side Road)
	A1020 Silvertown Way Southbound On-Slip The length of existing slip road from where it meets Tidal Basin Roundabout to the end of the nosing on A1020 Silvertown Way southbound.	No Stopping (Red Route Side Road)
	Tidal Basin Road A length of existing highway from the point where Tidal Basin Road meets Tidal Basin Roundabout, to its junction with Western Gateway along both the westbound and eastbound carriageway.	No Stopping (Red Route Side Road)
	Tunnel Services Compound Access Road (off realigned Dock Road) A length of new highway from its junction with the realigned Dock Road (360 metres south-east from where Dock Road meets the new Tidal Basin Roundabout) in a generally north westerly direction, for a distance of approximately 80 metres.	Waiting and loading restriction No waiting or loading at any time
	Dock Road (realigned) A length of new highway from the point where Dock Road meets Tidal Basin Roundabout in a southerly direction to the northern kerb line of Scarab Close junction.	No Stopping (Red Route Side Road)
The traffic regulation measures (clearways and prohibitions) plans, sheets 3 and 4
London Borough of Newham	A1020 Lower Lea Crossing A length of existing highway from the point where Lower Lea Crossing meets Tidal Basin Roundabout, to the Borough boundary between London Borough of Newham and London Borough of Tower Hamlets along both the eastbound and westbound carriageways.	No Stopping (Red Route)
The traffic regulation measures (clearways and prohibitions) plans, sheet 4
London Borough of Tower Hamlets	A1020 Lower Lea Crossing A length of existing highway from the Borough boundary between London Borough of Newham and London Borough of Tower Hamlets to the point where Lower Lea Crossing meets the Leamouth Circus Roundabout along both the eastbound and westbound carriageways.	No Stopping (Red Route)
	A1020 Lower Lea Crossing to Canning Town Station Access A length of existing highway from its on-slip with A1020 Lower Lea Crossing westbound to 45 metres north along the access road and a length of existing highway from its off-slip with A1020 Lower Lea Crossing westbound to 45 metres north along the access road.	No Stopping (Red Route Side Road)
	Orchard Place Northern Slip Road A length of the existing slip road from its junction with A1020 Lower Lea Crossing Eastbound carriageway in a generally easterly direction to its junction with Orchard Place.	No Stopping (Red Route Side Road)
	Orchard Place Southern Slip Road A length of the existing slip road from its junction with A1020 Lower Lea Crossing Westbound carriageway in a generally easterly direction to its junction with Orchard Place.	No Stopping (Red Route Side Road)
	Leamouth Circus Roundabout The length of the circulatory carriageway on the existing Leamouth Circus Roundabout.	No Stopping (Red Route Side Road)
	Blackwall Way A length of existing highway from the point where Blackwall Way meets Leamouth Circus Roundabout to the start of the north splitter island on the Blackwall Way/Newport Avenue roundabout along both the northbound and southbound carriageways.	No Stopping (Red Route Side Road)
	Aspen Way (Westbound) A length of existing highway from the point where Aspen Way westbound carriageway meets Leamouth Circus Roundabout, in a westerly direction for 30 metres.	Clearway (Red Route Side Road) (to include verges)
	Saffron Avenue A length of existing private highway from the point where Saffron Avenue meets Leamouth Circus Roundabout to the point where it meets the Saffron Avenue/Oregano Drive mini-roundabout.	No Stopping (Red Route Side Road) Saffron Avenue is a private road. This measure can only be effected with the landowner's consent.
	A1020 Leamouth Road A length of existing highway from the point where the A1020 Leamouth Road meets Leamouth Circus Roundabout in northerly direction for 150 metres along both the northbound and southbound carriageways.	No Stopping (Red Route Side Road)
	Silvocea Way A length of existing highway from the point where Silvocea Way meets Leamouth Circus Roundabout in a generally northerly direction for a distance of 35 metres to the southern kerb line of the access to the petrol station.	No Stopping (Red Route Side Road)

PART 3 E+W+S PRESCRIBED ROUTES

Borough (1)	Road name, number and length (2)	Measures (3)
The traffic regulation measures (clearways and prohibitions) plans, sheet 1
Royal Borough of Greenwich	Pavilion Way (Realigned) A length of new highway from a point on the existing A102 Blackwall Tunnel southern approach Southbound 130 metres south of the existing Blackwall Tunnel Southbound South Portal, in a generally southerly direction then turning eastwards to its junction with the northbound carriageway of the existing Millennium Way, for a distance of 150 metres, and a length of new highway from a point on the northbound carriageway of the existing Millennium Way 75 metres to the north west of its junction with the existing Edmund Halley Way, in a generally southerly direction to its junction with the Silvertown Tunnel southern approach Northbound, for a distance of 215 metres.	New prescribed route Prohibition of entry (no entry at any time except by buses)
	Silvertown Tunnel southern approach Southbound The nearside lane of a length of new highway from the south portal of the Silvertown Tunnel Southbound, in a generally south easterly direction, for a distance of 20 metres.	New prescribed route Prohibition of entry in the nearside lane (no entry at any time with the exception of buses, taxis and goods vehicles in excess of 7.5 tonnes)
	Silvertown Tunnel southern approach Northbound The nearside lane of a length of new highway from a point 50 metres south of the south portal of the Silvertown Tunnel northbound, in a generally northerly direction to the south portal of the Silvertown Tunnel northbound.	New prescribed route Prohibition of entry in the nearside lane (no entry at any time with the exception of buses, taxis and goods vehicles in excess of 7.5 tonnes)
	A102 Blackwall Tunnel southern approach Northbound On-Slip A length of new highway from its junction with A102 Blackwall Tunnel southern approach northbound carriageway 70 metres south of Blackwall Tunnel Gatehouse, to its junction with Tunnel Avenue.	New prescribed route Prohibition of entry (no entry at any time except by buses)
The traffic regulation measures (clearways and prohibitions) plans, sheets 1 and 2
Royal Borough of Greenwich	Silvertown Tunnel A length of new highway (tunnel) from the Borough boundary between Royal Borough of Greenwich and London Borough of Newham at the centre of the river Thames to the south portal of the Silvertown Tunnel southern approach along the nearside lane of the northbound and southbound carriageways.	New prescribed route Prohibition of entry in the nearside lane (no entry at any time with the exception of buses, taxis and goods vehicles in excess of 7.5 tonnes)
The traffic regulation measures (clearways and prohibitions) plans, sheets 2 and 3
London Borough of Newham	Silvertown Tunnel A length of new highway (tunnel) from the Borough boundary between Royal Borough of Greenwich and London Borough of Newham at the centre of the river Thames to the north portal of the Silvertown Tunnel northern approach along the nearside lane of the northbound and southbound carriageways.	New prescribed route Prohibition of entry in the nearside lane (no entry at any time with the exception of buses, taxis and goods vehicles in excess of 7.5 tonnes)
The traffic regulation measures (clearways and prohibitions) plans, sheet 3
London Borough of Newham	Silvertown Tunnel northern approach Northbound and Southbound A length of new highway from the north portal of the Silvertown Tunnel, in a generally northerly direction, for a distance of 10 metres along the nearside lane of the northbound and southbound carriageways.	New prescribed route Prohibition of entry in the nearside lane (no entry at any time) with the exception of buses, taxis and goods vehicles in excess of 7.5 tonnes

PART 4 E+W+S REVOCATIONS & VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS

Borough (1)	Road name, number and length (2)	Title of Order (3)	Revocations or Variations (4)
The traffic regulation measures (clearways and prohibitions) plans, sheet 1
Royal Borough of Greenwich	Tunnel Avenue Tunnel Avenue, from its junction with A102 Blackwall Tunnel southern approach 100 metres south east of Blackwall Tunnel Gatehouse to a point 35 metres south-east of the extended south easternmost building line of No. 215 Blackwall Tunnel Approach.	The GLA and GLA Side Roads (Greenwich) Red Route (Clearway) Consolidation Traffic Order (GLA 2007 No. 417)	Order to be partially revoked As identified on sheet 1 by a dashed purple line broken by the characters “xx”
The traffic regulation measures (clearways and prohibitions) plans, sheet 3
London Borough of Newham	Dock Road (Realigned) A length of new highway from the northern kerb line of Scarab Close junction in a south easterly direction, for a distance of 430 metres.	Traffic Management Order The Newham (Waiting and Loading Restriction) Order 2011 No. 107	Order to be varied (varying the length of the realigned Dock Road to which the Order applies) Dock Road, along both sides, from the northern kerb line of Scarab Close junction and a point 20 metres south-east of the north-western boundary of Waterfront Studios Business Centre As identified on sheet 3 by a dashed orange line broken by the character “A”
	Tidal Basin Roundabout The length of the entire existing circulatory carriageway of the Tidal Basin Roundabout.	Traffic Management Order The Newham (Waiting and Loading Restriction) Order 2011 No. 107	Order to be partially revoked As identified on sheet 3 by a dashed orange line broken by the characters “xx”
The traffic regulation measures (clearways and prohibitions) plans, sheets 3 and 4
London Borough of Newham	A1020 Lower Lea Crossing A length of existing highway from the point where Lower Lea Crossing meets Tidal Basin roundabout to the Borough boundary between London Borough of Newham and London Borough of Tower Hamlets along both the westbound and eastbound carriageways.	Traffic Management Order The Newham (Waiting and Loading Restriction) Order 2011 No. 107	Order to be partially revoked As identified on sheets 3 and 4 by a dashed orange line broken by the characters “xx”
The traffic regulation measures (clearways and prohibitions) plans, sheet 4
London Borough of Tower Hamlets	A1020 Lower Lea Crossing A length of existing highway from the Borough boundary between London Borough of Newham and London Borough of Tower Hamlets to the point where Lower Lea Crossing meets the Leamouth Circus Roundabout along both the eastbound and westbound carriageways.	Traffic Management Order The Tower Hamlets (Waiting and Loading Restriction) Order 2012 No. 14	Order to be partially revoked As identified on sheet 4 by a dashed orange line broken by the characters “xx”
	Orchard Place Northern Slip Road A length of the existing slip road from its junction with A1020 Lower Lea Crossing Eastbound carriageway in a generally easterly direction for 115 metres to its junction with Orchard Place.	Traffic Management Order The Tower Hamlets (Waiting and Loading Restriction) Order 2012 No. 14	Order to be partially revoked As identified on sheet 4 by a dashed orange line broken by the characters “xx”
	Orchard Place Southern Slip Road A length of the existing slip road from its junction with A1020 Lower Lea Crossing Westbound carriageway in a generally easterly direction for 140 metres to its junction with Orchard Place.	Traffic Management Order The Tower Hamlets (Waiting and Loading Restriction) Order 2012 No. 14	Order to be partially revoked As identified on sheet 4 by a dashed orange line broken by the characters “xx”
	Blackwall Way A length of the existing Blackwall Way from the point where it meets Leamouth Circus Roundabout to the start of the north splitter island on Blackwall Way/Newport Avenue roundabout along both the northbound and southbound carriageway.	Traffic Management Order The Tower Hamlets (Waiting and Loading Restriction) Order 2012 No. 14	Order to be partially revoked As identified on sheet 4 by a dashed orange line broken by the characters “xx”
	A1020 Leamouth Road A length of existing highway from the point where the A1020 Leamouth Road meets Leamouth Circus Roundabout, in a northerly direction for 150 metres along both the northbound and southbound carriageways.	Traffic Management Order The Tower Hamlets (Waiting and Loading Restriction) Order 2012 No. 14	Order to be partially revoked As identified on sheet 4 by a dashed orange line broken by the characters “xx”
	Silvocea Way A length of existing highway from the point where Silvocea Way meets Leamouth Circus Roundabout in a generally northerly direction for a distance of 35 metres to the southern kerb line of the access to the petrol station.	Traffic Management Order The Tower Hamlets (Waiting and Loading Restriction) Order 2012 No. 14	Order to be partially revoked As identified on sheet 4 by a dashed orange line broken by the characters “xx”

PART 5 E+W+S VARIATIONS OF EXISTING TRAFFIC REGULATION ORDERS DUE TO ROAD RE-CLASSIFICATION

Borough (1)	Title of Order (2)	Revocations or Variations (3)
Royal Borough of Greenwich	Traffic Management Order The Greenwich (Waiting and Loading Restriction) Order 2007 No. 28	Orders to be varied Substitute all references to A102 Blackwall Tunnel southern approach with A12 Blackwall Tunnel Southern Approach. Substitute all references to A102 Blackwall Tunnel with A12 Blackwall Tunnel. Substitute all references to A102 Blackwall Tunnel northern approach with A12 Blackwall Tunnel northern approach.
	Traffic Management Order The Greenwich (Prescribed Routes) (No. 132) Traffic Order 2007
	Traffic Management Order The Greenwich (Prescribed Routes) (No. 141) Traffic Order 2009
Royal Borough of Greenwich, London Borough of Newham, and London Borough of Tower Hamlets	GLA 2005 No. 016 The A12/A102 GLA Road (Blackwall Tunnel northern approach Road, Blackwall Tunnel southern approach Road and Northbound Blackwall Tunnel, London Boroughs of Greenwich and Tower Hamlets) (Restricted Road) Order 2005
	GLA 2006 No. 044 The A12/A102 GLA Road (Blackwall Tunnel northern approach Road, Blackwall Tunnel southern approach Road and the Southbound Blackwall Tunnel, London Boroughs of Greenwich and Tower Hamlets) (Variable Speed Limits) Order 2006
	GLA 2006 No. 403 The A102 GLA Road (Blackwall Tunnel southern approach Road, London Borough of Greenwich) (Prohibition of Traffic and Pedestrians) Order 2006
	GLA 2011 No. 279 The A102 GLA Side Road (Tunnel Avenue, London Borough of Greenwich) Banned Turn Experimental Traffic Order 2011
	GLA 2009 No. 152 The A12 and 102 GLA Roads (Blackwall Tunnel and Blackwall Tunnel Approaches, Greenwich and Tower Hamlets) Prescribed Routes Traffic Order 2009
	GLA 2011 No. 452 The Blackwall Tunnel (No. 1) Traffic Order 1982 A102 GLA Road (London Borough of Greenwich) Experimental Variation Order 2011
	GLA 2007 No. 417 The GLA Roads and GLA Side Roads (Greenwich) Red Route (Clearway) Consolidation Traffic Order 2007

Article 62

SCHEDULE 12 E+W+S DEEMED MARINE LICENCE

PART 1 E+W+S GENERAL

Interpretation E+W+S

1.  In this licence—

“the 2008 Act” means the Planning Act 2008;

“the 2009 Act” means the Marine and Coastal Access Act 2009;

“the Archaeological Written Scheme of Investigation” means the Archaeological Written Scheme of Investigation approved under paragraph 5(3)(b) of Schedule 2 (requirements) to the Order where it relates to any part of the river Thames;

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

“business day” means a day other than a Saturday or Sunday, which is not Christmas Day, Good Friday or a bank holiday under section 1 (bank holidays) of the Banking and Financial Dealings Act 1971 M116 ;

“commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” is to be construed accordingly;

“condition” means a condition in Part 2 of this licence and references in this licence to numbered conditions are to the conditions with those numbers in Part 2;

“the licence holder” means Transport for London and any transferee pursuant to article 59 of the Order;

“licensed activity” means any of the activities specified in paragraph 3 of this licence;

“the MMO” means the Marine Management Organisation;

“the Order” means the Silvertown Tunnel Order 2018 M117 ;

“the River” means so much of the river Thames, the Thames estuary, rivers, streams, creeks, watercourses and the sea as is within the Port of London Authority's limits as described in paragraph 2 of Schedule 1 to the Port of London Act 1968; and

“Work No. 20A” means the work of that description in Schedule 1 (authorised development) to the Order.

Marginal Citations

M116 1971 c. 80.

M117 S.I. 2018/574.

Contacts E+W+S

2.—(1) Except where otherwise indicated, the main point of contact with the MMO and the address for email and postal returns and correspondence are as follows—

(a) Marine Management Organisation, Marine Licensing Team, Lancaster House, Hampshire Court, Newcastle upon Tyne, NE4 7YH; Tel. – 0300 123 1032, Fax – 0191 376 2681, Email – [e-mail];

(b) Marine Management Organisation, MMO Lowestoft, Pakefield Road, Lowestoft, Suffolk, NR33 0HT; Tel. – 01502 573 149 or 01502 572 769, Email – [e-mail]

(2) The contact details for the MMO Marine Pollution Response Team are Tel. (during office hours) – 0300 200 2024, Tel. (outside office hours) – 07770 977 825 or 0845 051 8486 and Email – [e-mail], or such replacement contact details notified to the licence holder in writing by the MMO.

Details of licensed marine activities E+W+S

3.—(1) Subject to the licence conditions in Part 2, this licence authorises the licence holder (and any agent, contractor or subcontractor acting on their behalf) to carry out any licensable marine activities under section 66(1) (licensable marine activities) of the 2009 Act which—

(a) form part of, or are related to, the authorised development (including any maintenance dredging activities); and

(b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemptions specified by order) of the 2009 Act.

(2) The grid coordinates for the area of the river Thames within which the licence holder may carry out licensed activities are specified below and more particularly shown on the works plans—

Point reference	Latitude (DMS)	Longitude (DMS)
1	51.502086	0.011706655
2	51.501788	0.011218071
3	51.501519	0.010658691
4	51.501260	0.010056521
5	51.501261	0.00999893
6	51.501036	0.009441541
7	51.501100	0.009372319
8	51.500936	0.009019267
9	51.500165	0.009878706
10	51.500580	0.010876711
11	51.500875	0.01148046
12	51.500973	0.011585596
13	51.501295	0.012190542
14	51.501477	0.012587593
15	51.501782	0.013148567
16	51.502141	0.013726324
17	51.502528	0.014247686
18	51.502925	0.014683064
19	51.503485	0.014001723
20	51.504437	0.013035025
21	51.504757	0.013236467
22	51.504800	0.013368036
23	51.504926	0.013359183
24	51.504991	0.013203569
25	51.504949	0.013071999
26	51.505236	0.012047159
27	51.506233	0.010577994
28	51.505490	0.009320454
29	51.504395	0.010742076
30	51.502644	0.012711054
31	51.502373	0.012252441

PART 2 E+W+S CONDITIONS APPLYING TO CONSTRUCTION ACTIVITIES

Benthic ecology monitoring and mitigation E+W+S

4.—(1) The licence holder must submit a benthic ecology monitoring and mitigation plan, for approval by the MMO, prior to the commencement of the first licensed activity.

(2) The monitoring and mitigation plan submitted for approval must include—

(a) the detailed methodology and extent of pre-construction benthic ecology surveys to be carried out;

(b) the detailed methodology and extent of benthic ecology surveys to be carried out prior to the removal of any temporary structures constructed as part of Work No. 20A;

(c) the detailed methodology and extent of post-construction benthic ecology surveys to be carried out; and

(d) details of how any necessary mitigation will be identified following the carrying out of the surveys and implemented.

(3) The licence holder must not commence the first licensed activity until the MMO has approved in writing the submitted monitoring and mitigation plan.

(4) The licence holder must—

(a) not commence the first licensed activity until it has carried out the pre-construction surveys and implemented any pre-construction mitigation measures required by the monitoring and mitigation plan approved under sub-paragraph (3);

(b) not remove any temporary structures constructed as part of Work No. 20A until it has carried out the surveys and implemented any mitigation measures required by the monitoring and mitigation plan approved under sub-paragraph (3) in relation to the removal of those structures; and

(c) following completion of construction of the authorised development (including the removal of any temporary structures constructed as part of Work No. 20A), carry out the post-construction surveys and implement any post-construction mitigation measures required by the monitoring and mitigation plan approved under sub-paragraph (3), unless otherwise agreed in writing by the MMO.

Construction method statement E+W+S

5.—(1) The licence holder must submit a method statement, for approval by the MMO following consultation with the Environment Agency, at least 6 weeks prior to the commencement of any licensed activity.

(2) The method statement must include the following details—

(a) the detailed construction methodology to be employed by the licence holder in carrying out the licensed activity; and

(b) a programme of works including timings and durations, method of delivery of material to site and plant to be used during the works.

(3) The licence holder must not commence the licensed activity until the MMO has approved in writing the submitted method statement.

(4) The licensed activity must be carried out in accordance with the approved method statement, unless otherwise agreed in writing by the MMO.

Marine pollution contingency plan E+W+S

6.—(1) The licence holder must submit a marine pollution contingency plan, for approval by the MMO, at least 6 weeks prior to the commencement of any licensed activity.

(2) The marine pollution contingency plan must set out the licence holder's assessment of the likely risks which could arise as a result of a spill or collision during construction and operation of the authorised development and the methods and procedures the licence holder intends to put in place to address them.

(3) The MMO must consult the Environment Agency and the PLA on the marine pollution contingency plan before approving it.

(4) The licence holder must not commence the licensed activity until the MMO has approved in writing the submitted marine pollution contingency plan.

(5) The licensed activity must be carried out in accordance with the approved marine pollution contingency plan, unless otherwise agreed in writing by the MMO.

Concrete and cement E+W+S

7.  The licence holder must not discharge waste concrete slurry or wash water from concrete or cement into the River. The licence holder must site concrete and cement mixing and washing areas at least 10 metres from the River or surface water drain to minimise the risk of run off entering the River.

Coatings and treatments E+W+S

8.  The licence holder must ensure that any coatings and any treatments are suitable for use in the River and are used in accordance with either guidelines approved by the Health and Safety Executive or the Environment Agency.

Spills, etc. E+W+S

9.  The licence holder must—

(a) store, handle, transport and use fuels, lubricants, chemicals and other substances so as to prevent releases into the marine environment, including bunding of 110% of the total volume of all reservoirs and containers;

(b) report any spill of oil, fuel or chemicals into the marine area to the MMO Marine Pollution Response Team within 12 hours of the spill occurring; and

(c) store all waste in designated areas that are isolated from surface water drains and open water and are bunded.

Percussive piling E+W+S

10.  Where a licensed activity involves percussive piling the licence holder must commence piling activities using soft-start techniques for at least 20 minutes to ensure an incremental increase in pile power until full operational power is achieved. Should piling cease for at least 10 minutes the soft-start procedures must be repeated.

Archaeological written scheme of investigation E+W+S

11.—(1) At the same time as the licence holder submits the first method statement to the MMO for approval under condition 5, the licence holder must supply the MMO with, for information purposes, the Archaeological Written Scheme of Investigation.

(2) At the same time as the licence holder submits any subsequent method statement to the MMO for approval under condition 5, the licence holder must supply the MMO with, for information purposes, the Archaeological Written Scheme of Investigation if it has been amended from any previous version supplied to the MMO under this paragraph.

(3) The licence holder must implement and act in accordance with the Archaeological Written Scheme of Investigation.

Removal of temporary structures, etc. E+W+S

12.—(1) Subject to sub-paragraph (2), the licence holder must remove all equipment, temporary structures, waste and debris associated with the licensed activities from the River within 6 weeks of the completion of those activities, unless otherwise agreed in writing by the MMO.

(2) The licence holder must remove the temporary structures constructed under Work No. 20A as soon as reasonably practicable after the use of that work in connection with the construction of the authorised development has ceased, unless otherwise agreed in writing by the MMO.

PART 3 E+W+S PROCEDURE FOR THE DISCHARGE OF CONDITIONS

Meaning of “application” E+W+S

13.  In this Part, “ application” means a submission by the licence holder for approval of a construction method statement under condition 5 or a marine pollution contingency plan under condition 6.

Further information regarding application E+W+S

14.—(1) The MMO may request in writing such further information from the licence holder as is necessary to enable the MMO to consider the application.

(2) If the MMO does not make a request under sub-paragraph (1) within 20 business days of the day immediately following that on which the application is received by the MMO, it is deemed to have sufficient information to consider the application and is not entitled to request further information after this date without the prior agreement of the licence holder.

Determination of application E+W+S

15.—(1) In determining the application the MMO may have regard to—

(a) the application and any supporting information or documentation;

(b) any further information provided by the licence holder in accordance with paragraph 14; and

(c) such other matters as the MMO thinks relevant.

(2) Having considered the application the MMO must—

(a) grant the application unconditionally;

(b) grant the application subject to the conditions as the MMO thinks fit; or

(c) refuse the application.

Notice of determination E+W+S

16.—(1) Subject to sub-paragraph (2) or (3), the MMO must give notice to the licence holder of the determination of the application within 30 business days of the day immediately following that on which the application is received by the MMO.

(2) Where the MMO has made a request under condition 14, the MMO must give notice to the licence holder of the determination of the application no later than 30 business days of the day immediately following that on which the further information is received by the MMO.

(3) The MMO and the licence holder may agree in writing a longer period of time for the provision by the MMO of a notice under sub-paragraph (1) such period to be no more than 60 days from the day immediately following that on which the application is received.

(4) Where the MMO refuses the application the refusal notice must state the reasons for the refusal.

(5) Where notice is not given by the MMO in accordance with sub-paragraph (1) or (2) the application is deemed to have been refused.

Arbitration E+W+S

17.—(1) Subject to condition 16(2), any difference under any provision of this licence must , unless otherwise agreed between the MMO and the licence holder, be referred to and settled by a single arbitrator to be agreed between the MMO and the licence holder or, failing agreement, to be appointed on the application of either the MMO or the licence holder (after giving notice in writing to the other) by the President of the Institution of Civil Engineers.

(2) Nothing in condition 16(1) or 16(2) is to be taken, or to operate so as to, fetter or prejudice the statutory rights, powers, discretions or responsibilities of the MMO.

Article 64

SCHEDULE 13 E+W+S PROTECTIVE PROVISIONS

PART 1 E+W+S FOR THE PROTECTION OF ELECTRICITY, GAS, WATER AND SEWERAGE UNDERTAKERS

1.  The provisions of this Part of this Schedule have effect for the protection of statutory undertakers unless otherwise agreed in writing between TfL and the statutory undertaker in question. E+W+S

2.  In this Part of this Schedule— E+W+S

“alternative apparatus” means alternative apparatus adequate to enable the statutory undertaker in question to fulfil its statutory functions in a manner not less efficient than previously;

“apparatus” means—

(a)

in the case of a statutory undertaker within paragraph (a) of the definition of that term, electric lines or electrical plant (as defined in the Electricity Act 1989 M118 ), belonging to or maintained by the statutory undertaker for the purposes of electricity supply;

(b)

in the case of a statutory undertaker within paragraph (b) of the definition of that term, any mains, pipes or other apparatus belonging to or maintained by the statutory undertaker for the purposes of gas supply;

(c)

in the case of a statutory undertaker within paragraph (c) of the definition of that term—

(i)

mains, pipes or other water apparatus belonging to or maintained by the statutory undertaker for the purposes of water supply; and

(ii)

mains, pipes or other water apparatus that is the subject of an agreement to adopt made under section 51A (agreements to adopt water main or service pipe at future date) of the Water Industry Act 1991 M119 ; and

(d)

in the case of a sewerage undertaker—

(i)

any drain or works vested in the sewerage undertaker under the Water Industry Act 1991; and

(ii)

any sewer which is so vested or is the subject of a notice of intention to adopt given under section 102(4) (adoption of sewers and disposal works) of that Act or an agreement to adopt made under section 104 (agreement to adopt sewers, drains or sewage disposal works at future date) of that Act M120 ,

and includes a sludge main, disposal main (within the meaning of section 219 (general interpretation) of that Act) or sewer outfall and any manholes, ventilating shafts, pumps or other accessories forming part of any such sewer, drain or works,

and in each case includes any structure in which apparatus is or is to be lodged or which gives or will give access to apparatus;

“functions” includes powers and duties;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over or upon land; and

“statutory undertaker” means—

(a)

any licence holder within the meaning of Part 1 of the Electricity Act 1989;

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986 M121 ;

(c)

a water undertaker within the meaning of the Water Industry Act 1991; and

(d)

a sewerage undertaker within the meaning of Part 1 of the Water Industry Act 1991,

for the area of the authorised development, and in relation to any apparatus, means the utility undertaker to whom it belongs or by whom it is maintained.

Marginal Citations

M118 1989 c. 29.

M119 1991 c. 56. Section 51A was inserted by section 92(1) of the Water Act 2003 (c. 37), and subsequently amended by section 10(1) and (2) of the Water Act 2014 (c. 21).

M120 Section 102(4) was amended by section 96(1)(c) of the Water Act 2003. Section 104 was amended by sections 96(4) and 101(2) of, and Part 3 of Schedule 9 to, the Water Act 2003, section 42(3) of the Flood and Water Management Act 2010 (c. 29) and section 11(1) and (2) of, and paragraphs 2 and 91 of Schedule 7 to, the Water Act 2014.

M121 1986 c. 44. A new section 7 was substituted by section 5 of the Gas Act 1995 (c. 45), and was further amended by section 76 of the Utilities Act 2000 (c. 27) and Part 1 of Schedule 23 to the Energy Act 2004 (c. 20). There are further amendments to section 7 but none are relevant.

3.  This Part of this Schedule does not apply to apparatus in respect of which the relations between TfL and the statutory undertaker are regulated by Part 3 (street works in England and Wales) of the 1991 Act. E+W+S

4.—(1) Regardless of the temporary stopping up, alteration or diversion of streets under the powers conferred by article 10 (temporary stopping up and restriction of use of streets), a statutory undertaker is at liberty at all times to take all necessary access across any such street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the temporary stopping up, alteration or diversion was in that street. E+W+S

(2) Where any street is stopped up under article 9 (permanent stopping up of streets and private means of access), any statutory undertaker whose apparatus is in the street has the same powers and rights in respect of that apparatus as it enjoyed immediately before the stopping up and TfL must grant to the statutory undertaker legal easements reasonably satisfactory to the statutory undertaker in respect of such apparatus and access to it, but nothing in this paragraph affects any right of TfL or of the statutory undertaker to require the removal of that apparatus under paragraph 6 or to carry out works under paragraph 8.

5.  Despite any provision in this Order or anything shown on the land plans, TfL must not acquire any apparatus otherwise than by agreement. E+W+S

6.—(1) If, in the exercise of the powers conferred by this Order, TfL acquires any interest in any land in which any apparatus is placed or over which access to any apparatus is enjoyed or requires that the statutory undertaker's apparatus is relocated or diverted, that apparatus must not be removed under this Part of this Schedule, and any right of a statutory undertaker to maintain that apparatus in that land and to gain access to it must not be extinguished, until alternative apparatus has been constructed and is in operation, and access to it has been provided, to the reasonable satisfaction of the statutory undertaker in question in accordance with sub-paragraphs (2) to (8). E+W+S

(2) If, for the purpose of executing any works in, on or under any land purchased, held, appropriated or used under this Order, TfL requires the removal of any apparatus placed in that land, TfL must give to the statutory undertaker in question 28 days' written notice of that requirement, together with a plan and section of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order a statutory undertaker reasonably needs to remove any of its apparatus) TfL must, subject to sub-paragraph (3), afford to the statutory undertaker the necessary facilities and rights for the construction of alternative apparatus in other land of TfL and subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of TfL, or TfL is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, the statutory undertaker in question must, on receipt of a written notice to that effect from TfL, as soon as reasonably practicable use reasonable endeavours to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed.

(4) The obligation imposed on the statutory undertaker under sub-paragraph (3) does not extend to the exercise by the statutory undertaker of any power to acquire any land or rights in land by compulsory purchase order.

(5) Any alternative apparatus to be constructed in land of TfL under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between the statutory undertaker in question and TfL or in default of agreement settled by arbitration in accordance with article 68 (arbitration).

(6) The statutory undertaker in question must, after the alternative apparatus to be provided or constructed has been agreed or settled by arbitration in accordance with article 68 (arbitration), and after the grant to the statutory undertaker of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by TfL to be removed under the provisions of this Part of this Schedule.

(7) Regardless of anything in sub-paragraph (6), if TfL gives notice in writing to the statutory undertaker in question that it desires itself to execute any work, or part of any work, in connection with the construction or removal of apparatus in any land controlled by TfL, that work, instead of being executed by the statutory undertaker, may be executed by TfL, with the prior written consent of the statutory undertaker (which must not be unreasonably withheld or delayed and is to be subject to any such conditions as are reasonable and proper to protect the apparatus) in accordance with plans and in a position agreed between the statutory undertaker and TfL or, in default of agreement, determined by arbitration in accordance with article 68 (arbitration), without unnecessary delay under the superintendence, if given, and to the reasonable satisfaction of the statutory undertaker.

(8) In carrying out any work under sub-paragraph (7) TfL must comply with all statutory obligations which would have been applicable had the works been carried out by the statutory undertaker.

(9) Nothing in sub-paragraph (7) authorises TfL to execute the placing, installation, bedding, packing, removal, connection or disconnection of any apparatus, or execute any filling around the apparatus (where the apparatus is laid in a trench) within 600 millimetres of the apparatus.

7.—(1) Where, in accordance with the provisions of this Part of this Schedule, TfL affords to a statutory undertaker facilities and rights for the construction and maintenance in land of TfL of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between TfL and the statutory undertaker in question or in default of agreement settled by arbitration in accordance with article 68 (arbitration). E+W+S

(2) In settling those terms and conditions in respect of alternative apparatus to be constructed in land of TfL, the arbitrator must—

(a) give effect to all reasonable requirements of TfL for ensuring the safety and efficient operation of the tunnels and for securing any subsequent alterations or adaptations of the alternative apparatus which may be required to prevent interference with any proposed works of TfL; and

(b) so far as it may be reasonable and practicable to do so in the circumstances of the particular case, give effect to the terms and conditions, if any, applicable to the apparatus constructed in, under, over or above the tunnels for which the alternative apparatus is to be substituted.

(3) If the facilities and rights to be afforded by TfL in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are in the opinion of the arbitrator less favourable on the whole to the statutory undertaker in question than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the arbitrator must make such provision for the payment of compensation by TfL to that statutory undertaker as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

8.—(1) Not less than 28 days before starting the execution of any works authorised by this Order that will or may affect any apparatus the removal of which has not been required by TfL under paragraph 6(2), TfL must submit to the statutory undertaker in question a plan, section and description of the works to be executed. E+W+S

(2) Those works must be executed only in accordance with the plan, section and description submitted under sub-paragraph (1) and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (3) by the statutory undertaker for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and the statutory undertaker is entitled to watch and inspect the execution of those works.

(3) Any requirements made by a statutory undertaker under sub-paragraph (2) must be made within a period of 28 days beginning with the date on which a plan, section and description under sub-paragraph (1) are submitted to it.

(4) If a statutory undertaker in accordance with sub-paragraph (3) and in consequence of the works proposed by TfL, reasonably requires the removal of any apparatus and gives written notice to TfL of that requirement, paragraphs 1 to 7 apply as if the removal of the apparatus had been required by TfL under paragraph 6(2).

(5) Nothing in this paragraph precludes TfL from submitting at any time or from time to time, but in no case less than 28 days before commencing the execution of any works, a new plan, section and description instead of the plan, section and description previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan, section and description.

(6) TfL is not required to comply with sub-paragraph (1) in a case of emergency but in that case it must give to the statutory undertaker in question notice as soon as is reasonably practicable and a plan, section and description of those works as soon as reasonably practicable subsequently and must comply with sub-paragraph (2) in so far as is reasonably practicable in the circumstances.

(7) Nothing in sub-paragraph (6) entitles TfL to carry out works to any apparatus but, upon receipt of notice from TfL, the statutory undertaker must proceed to carry out such works as may be required without unnecessary delay.

9.—(1) Subject to the following provisions of this paragraph, TfL must repay to the statutory undertaker in question the proper and reasonable expenses incurred by that statutory undertaker in, or in connection with the inspection, removal, relaying, replacing, alteration or protection of any apparatus under any provision of this Part of this Schedule (including any costs reasonably incurred or compensation properly paid in connection with the acquisition of facilities and rights or exercise of statutory powers for such apparatus) including the cutting off of any apparatus from any other apparatus or the making safe of any redundant apparatus as a consequence of the exercise by TfL of any power under this Order and the surveying of any land or works, the inspection, superintendence and monitoring of works or the removal of any temporary works reasonably necessary in consequence of the exercise of TfL of any power under this Order. E+W+S

(2) The value of any apparatus removed under this Part of this Schedule is to be deducted from any sum payable under sub-paragraph (1), that value being calculated after removal.

(3) If in accordance with this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by TfL or, in default of agreement, is not determined by arbitration in accordance with article 68 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to the statutory undertaker in question by virtue of sub-paragraph (1) is to be reduced by the amount of that excess.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus is not to be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole is to be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to a statutory undertaker in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on the statutory undertaker in question any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

10.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction, maintenance or failure of any of the works referred to in paragraph 6(2), any damage is caused to any apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of a statutory undertaker, or there is any interruption in any service provided, or in the supply of any goods, by any statutory undertaker, TfL must— E+W+S

(a) bear and pay the cost reasonably incurred by that statutory undertaker in making good such damage or restoring the supply; and

(b) indemnify the statutory undertaker against all reasonable claims, penalties, demands, proceedings, costs, damages and expenses which may be made or taken against or recovered from, or reasonably and properly incurred by, the statutory undertaker,

by reason or in consequence of any such damage or interruption.

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

(3) A statutory undertaker must give TfL reasonable notice of any such claim or demand and no settlement or compromise is to be made without the consent of TfL which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

11.  If in consequence of the exercise of the powers conferred by this Order the access to any apparatus is materially obstructed TfL must provide such alternative means of access to that apparatus as will enable the statutory undertaker to maintain or use the apparatus no less effectively than was possible before the obstruction. E+W+S

PART 2 E+W+S FOR THE PROTECTION OF OPERATORS OF ELECTRONIC COMMUNICATIONS CODE NETWORKS

12.—(1) For the protection of any operator, the following provisions have effect, unless otherwise agreed in writing between TfL and the operator. E+W+S

(2) In this Part of this Schedule—

“the 2003 Act” means the Communications Act 2003 M122 ;

“conduit system” has the same meaning as in the electronic communications code and references to providing a conduit system are to be construed in accordance with paragraph 1(3A) M123 (interpretation of code) of that code;

“electronic communications apparatus” has the same meaning as in the electronic communications code;

“the electronic communications code” has the same meaning as in Chapter 1 (electronic communications, networks and services) of Part 2 of the 2003 Act M124 ;

“electronic communications code network” means—

(a)

so much of an electronic communications network or conduit system provided by an electronic communications code operator as is not excluded from the application of the electronic communications code by a direction under section 106 (application of the electronic communications code) of the 2003 Act; and

(b)

an electronic communications network which the Secretary of State is providing or proposing to provide;

“electronic communications code operator” means a person in whose case the electronic communications code is applied by a direction under section 106 of the 2003 Act; and

“operator” means the operator of an electronic communications code network.

Marginal Citations

M122 2003 c. 21.

M123 Paragraph 1(3A) was inserted by section 106(2) of, and paragraphs 1 and 4 of Schedule 3 to, the Communications Act 2003.

M124 See section 106.

13.  The exercise of the powers of article 31 (statutory undertakers) is subject to paragraph 23 of Schedule 2 (undertaker's works) to the Telecommunications Act 1984 M125 . E+W+S

Marginal Citations

M125 1984 c. 12. Paragraph 23 was amended by section 190 of, and paragraph 68 of Schedule 25 and part 1 of Schedule 27 to, the Water Act 1989 (c. 15), section 112(4) of, and Schedule 18 to, the Electricity Act 1989 (c. 29) and section 106(2) of, and paragraphs 1, 5(d) and 8 of Schedule 3 to, the Communications Act 2003 (c. 21).

14.—(1) Subject to sub-paragraphs (2) to (4), if as the result of the authorised development or its construction, or of any subsidence resulting from any of those works— E+W+S

(a) any damage is caused to any electronic communications apparatus belonging to an operator (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works), or other property of an operator; or

(b) there is any interruption in the supply of the service provided by an operator,

TfL must bear and pay the cost reasonably incurred by the operator in making good such damage or restoring the supply and make reasonable compensation to that operator for any other expenses, loss, damages, penalty or costs incurred by it, by reason, or in consequence of, any such damage or interruption.

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

(3) The operator must give TfL reasonable notice of any such claim or demand and no settlement or compromise of the claim or demand is to be made without the consent of TfL which, if it withholds such consent, has the sole conduct of any settlement or compromise or of any proceedings necessary to resist the claim or demand.

(4) Any difference arising between TfL and the operator under this Part of this Schedule must be referred to and settled by arbitration under article 68 (arbitration).

15.  This Part of this Schedule does not apply to— E+W+S

(a) any apparatus in respect of which the relations between TfL and an operator are regulated by the provisions of Part 3 (street works in England and Wales) of the 1991 Act; or

(b) any damage, or any interruption, caused by electro-magnetic interference arising from the construction or use of the authorised development.

PART 3 E+W+S FOR THE PROTECTION OF NATIONAL GRID

Application E+W+S

16.  The following provisions have effect for the protection of National Grid unless otherwise agreed in writing between TfL and National Grid.

Interpretation E+W+S

17.  In this Part of this Schedule—

“alternative apparatus” means appropriate alternative apparatus to enable National Grid to fulfil its statutory functions in a manner no less efficient than previously;

“apparatus” means—

(a)

electric lines or electrical plant as defined in the Electricity Act 1989 M126 , belonging to or maintained by National Grid; and

(b)

mains, pipes or other apparatus belonging to or maintained by National Grid for the purposes of gas supply,

together with any replacement apparatus and such other apparatus constructed pursuant to this Order that becomes operational apparatus of National Grid for the purposes of transmission, distribution or supply and includes any structure in which apparatus is or will be lodged or which gives or will give access to apparatus;

“authorised development” has the same meaning as in article 2 of this Order and (unless otherwise specified) for the purposes of this Part of this Schedule includes the use and maintenance of the authorised development;

“functions” includes powers and duties;

“ground mitigation scheme” means a scheme approved by National Grid (such approval not to be unreasonably withheld or delayed) setting out the necessary measures (if any) for a ground subsidence event;

“ground monitoring scheme” means a scheme for monitoring ground subsidence which sets out the apparatus which is to be subject to such monitoring, the extent of land to be monitored, the manner in which ground levels are to be monitored, the timescales of any monitoring activities and the extent of ground subsidence event which, if exceeded, requires TfL to submit for National Grid's approval a ground mitigation scheme;

“ground subsidence event” means any ground subsidence which National Grid and TfL agree is attributable to the authorised development (or in default of agreement is settled by arbitration in accordance with article 68 (arbitration) of the Order to be attributable to the authorised development) and is identified by the monitoring activities set out in the ground monitoring scheme that has exceeded the level described in the ground monitoring scheme as requiring a ground mitigation scheme;

“in”, in a context referring to apparatus or alternative apparatus in land, includes a reference to apparatus or alternative apparatus under, over, across, along or upon such land;

“maintain” and “maintenance” includes the ability and right to do any of the following in relation to any apparatus or alternative apparatus of National Grid including construct, use, repair, alter, inspect, renew or remove the apparatus;

“National Grid” means either—

(a)

National Grid Electricity Transmission PLC (Company No. 2366977) whose registered office is at 1-3 Strand, London, WC2N 5EH or any of its entities or successor entities; or

(b)

National Grid Gas PLC (Company No. 200600) whose registered office is at 1-3 Strand, London, WC2N 5EH or any of its entities or successor entities;

“plan” or “plans” include all designs, drawings, specifications, method statements, soil reports, programmes, calculations, risk assessments and other documents that are reasonably necessary properly and sufficiently to describe and assess the works to be executed; and

“specified work” means so much of any of the authorised development or activities authorised by this Order and undertaken in association with the authorised development—

(a)

that will or may be situated 15 metres (measured in any direction) within, or which may adversely affect, any apparatus the removal of which has not been required by TfL under paragraph 21(2) or otherwise; or

(b)

that includes any of the activities that are referred to in paragraph 8 of T/SP/SSW/22 (National Grid's policies for safe working in proximity to gas apparatus “Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW/22”).

Marginal Citations

M126 1989 c. 29.

18.  This Part of this Schedule does not apply to apparatus in respect of which the relations between TfL and National Grid are regulated by the provisions of Part 3 of the 1991 Act. E+W+S

Apparatus of National Grid in stopped up streets E+W+S

19.—(1) Without limitation on the scope of any other protection afforded to National Grid elsewhere in the Order, where any street is stopped up under article 9 (permanent stopping up of streets), if National Grid has any apparatus in the street or accessed via that street National Grid is entitled to the same rights in respect of such apparatus as it enjoyed immediately before the stopping up and TfL must grant to National Grid, or procure the granting to National Grid of, legal easements reasonably satisfactory to National Grid in respect of such apparatus and access to it prior to the stopping up of any such street or highway.

(2) Regardless of the temporary stopping up, alteration or diversion of any street under the powers of article 10 (temporary stopping up and restriction of use of streets), National Grid is at liberty at all times to take all necessary access across any stopped up, altered or diverted street and to execute and do all such works and things in, upon or under any such street as may be reasonably necessary or desirable to enable it to maintain any apparatus which at the time of the stopping up, alteration or diversion was in that street.

Acquisition of land E+W+S

20.—(1) This Order does not authorise the acquisition or extinguishment of land or rights in land or override any interest in land owned by National Grid that is required for the retention or maintenance of any retained apparatus except with National Grid's agreement (such agreement not to be unreasonably withheld or delayed).

(2) As a condition of agreement between the parties in sub-paragraph (1), prior to the carrying out of any part of the authorised development (or in such other timeframe as may be agreed between National Grid and TfL) that are subject to the requirements of this Part of this Schedule that will cause any conflict with or breach the terms of any easement or other legal or land interest of National Grid or affects the provisions of any enactment or agreement regulating the relations between National Grid and TfL in respect of any apparatus laid or erected in land belonging to or secured by TfL, TfL must as National Grid reasonably requires enter into such deeds of easement or consent upon such terms and conditions as may be agreed between National Grid and TfL acting reasonably and which must be no less favourable on the whole to National Grid unless otherwise agreed by National Grid, and it is the responsibility of TfL to procure or secure the consent and entering into of such deeds and variations by all other third parties with an interest in the land at that time who are affected by such authorised development.

(3) Where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid or other enactments relied upon by National Grid as of right or other use in relation to the apparatus, then the provisions in this Part of this Schedule prevail.

(4) No agreement or consent granted by National Grid under any other provision of this Part of this Schedule constitutes agreement under sub-paragraph (1).

Removal of apparatus E+W+S

21.—(1) If, in the exercise of the agreement reached in accordance with paragraph 20 or in any other authorised manner, TfL acquires any interest in any land in which any apparatus is placed, that apparatus must not be removed under this Part of this Schedule and any right of National Grid to maintain that apparatus in that land must not be extinguished until alternative apparatus has been constructed, and is in operation to the reasonable satisfaction of National Grid in accordance with sub-paragraphs (2) to (5) inclusive.

(2) If, for the purpose of executing any works comprised in the authorised development in, on, under or over any land purchased, held, appropriated or used under this Order, TfL requires the removal of any apparatus placed in that land, it must give to National Grid 56 days' advance written notice of that requirement, together with a plan of the work proposed, and of the proposed position of the alternative apparatus to be provided or constructed and in that case (or if in consequence of the exercise of any of the powers conferred by this Order National Grid reasonably needs to remove any of its apparatus) TfL must, subject to sub-paragraph (3), afford to National Grid to their satisfaction (taking into account paragraph 22(1)) the necessary facilities and rights for—

(a) the construction of alternative apparatus in other land of, or land secured by, TfL; and

(b) subsequently for the maintenance of that apparatus.

(3) If alternative apparatus or any part of such apparatus is to be constructed elsewhere than in other land of, or land secured by, TfL, or TfL is unable to afford such facilities and rights as are mentioned in sub-paragraph (2), in the land in which the alternative apparatus or part of such apparatus is to be constructed, National Grid must, on receipt of a written notice to that effect from TfL, take such steps as are reasonable in the circumstances in an endeavour to obtain the necessary facilities and rights in the land in which the alternative apparatus is to be constructed save that this obligation does not extend to the requirement for National Grid to use its compulsory purchase powers to this end unless it elects to so do.

(4) Any alternative apparatus to be constructed in land of, or land secured by, TfL under this Part of this Schedule must be constructed in such manner and in such line or situation as may be agreed between National Grid and TfL.

(5) National Grid must, after the alternative apparatus to be provided or constructed has been agreed, and subject to the grant to National Grid of any such facilities and rights as are referred to in sub-paragraph (2) or (3), proceed without unnecessary delay to construct and bring into operation the alternative apparatus and subsequently to remove any apparatus required by TfL to be removed under the provisions of this Part of this Schedule.

(6) Where there is any inconsistency or duplication between the provisions set out in this Part of this Schedule relating to the relocation or removal of apparatus (including but not limited to the payment of costs and expenses relating to such relocation or removal of apparatus) and the provisions of any existing easement, rights, agreements and licences granted, used, enjoyed or exercised by National Grid as of right or other use in relation to the apparatus then the provisions in this Part of this Schedule prevail.

Facilities and rights for alternative apparatus E+W+S

22.—(1) Where, in accordance with the provisions of this Part of this Schedule, TfL affords to National Grid facilities and rights for the construction and maintenance and protection in land of TfL of alternative apparatus in substitution for apparatus to be removed, those facilities and rights must be granted upon such terms and conditions as may be agreed between TfL and National Grid and must be no less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed unless agreed by National Grid.

(2) If the facilities and rights to be afforded by TfL and agreed with National Grid under sub-paragraph (1) above in respect of any alternative apparatus, and the terms and conditions subject to which those facilities and rights are to be granted, are less favourable on the whole to National Grid than the facilities and rights enjoyed by it in respect of the apparatus to be removed and the terms and conditions to which those facilities and rights are subject, the matter must be referred to arbitration and the arbitrator must make such provision for the payment of compensation by TfL to National Grid as appears to the arbitrator to be reasonable having regard to all the circumstances of the particular case.

Retained apparatus: protection of National Grid as Gas Undertaker E+W+S

23.—(1) Not less than 56 days before the commencement of any works authorised by this Order that are near to, or will or may affect, any apparatus the removal of which has not been required by TfL under paragraph 21(2) or otherwise, TfL must submit to National Grid a plan.

(2) In relation to specified works, or any works that (wherever situated) impose any load directly upon any apparatus, the plan to be submitted to National Grid under sub-paragraph (1) must show—

(a) the exact position of the works;

(b) the level at which these are proposed to be constructed or renewed;

(c) the manner of their construction or renewal including details of excavation and positioning of plant;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(f) details of any ground monitoring scheme if required.

(3) TfL must not commence any works to which sub-paragraph (2) applies until National Grid has given written approval of the plan so submitted.

(4) Any approval of National Grid required under sub-paragraph (3)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (5) or (7); and

(b) must not be unreasonably withheld.

(5) In relation to a work to which sub-paragraph (1) and (2) applies, National Grid may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(6) Works executed under sub-paragraph (1) or (2) must be executed only in accordance with the plan, submitted under sub-paragraph (1) or (2), as amended from time to time by agreement between TfL and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraphs (4), (5), (7) or (8) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid is entitled to watch and inspect the execution of those works.

(7) Where National Grid requires protective works to be carried out either themselves or by TfL (whether of a temporary or permanent nature) such protective works, inclusive of any measures or schemes required and approved as part of the plan approved pursuant to this paragraph, must be carried out to National Grid's satisfaction prior to the commencement of any work to which sub-paragraph (1) or (2) applies and National Grid must give 56 days' notice of such works from the date of submission of a plan in line with sub-paragraph (1) or (2) (except in an emergency).

(8) If National Grid in accordance with sub-paragraph (5) or (7) and in consequence of the works proposed by TfL, reasonably requires the removal of any apparatus and gives written notice to TfL of that requirement, paragraphs 16 to 18 and 21 to 22 apply as if the removal of the apparatus had been required by TfL under paragraph 21(2).

(9) Nothing in this paragraph precludes TfL from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(10) TfL is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid notice as soon as is reasonably practicable and a plan of those works and must—

(a) comply with sub-paragraph (5), (6) and (7) insofar as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph (11) at all times.

(11) At all times when carrying out any works authorised under this Order comply with National Grid's policies for safe working in proximity to gas apparatus enshrined in Specification for safe working in the vicinity of National Grid, High pressure Gas pipelines and associated installation requirements for third parties T/SP/SSW22 and the Health and Safety Executive's guidance note “Avoiding Danger from underground services HSG47”.

(12) As soon as reasonably practicable after any ground subsidence event, TfL must implement an appropriate ground mitigation scheme.

Retained apparatus: protection of National Grid as Electricity Undertaker E+W+S

24.—(1) Not less than 56 days before the commencement of any specified work that does not require the removal of apparatus under paragraph 21(2) (removal of apparatus) TfL must submit to National Grid a plan and seek from National Grid details of the underground extent of their electricity tower foundations.

(2) The plan to be submitted under sub-paragraph (1) must show—

(a) the exact position of the specified work;

(b) the level at which the specified work is proposed to be constructed or renewed;

(c) the manner of the construction or renewal of the specified work including details of excavation and positioning of plant;

(d) the position of all apparatus;

(e) by way of detailed drawings, every alteration proposed to be made to or close to any such apparatus; and

(f) details of any ground monitoring scheme if required.

(3) In relation to any works which will or may be situated on, over, under or within 10 metres of any part of the foundations of an electricity tower or between any two or more electricity towers, the plan to be submitted under sub-paragraph (1) must include a method statement which must in addition to the matters set out in sub-paragraph (2)—

(a) describe details of any cable trench design including route, dimensions, clearance to pylon foundations;

(b) demonstrate that pylon foundations will not be affected prior to, during and post construction;

(c) describe details of load bearing capacities of trenches;

(d) describe details of cable installation methodology including access arrangements, jointing bays and backfill methodology;

(e) provide a written management plan for high voltage hazard during construction and on-going maintenance of the cable route;

(f) provide written details of the operations and maintenance regime for the cable, including frequency and method of access;

(g) assess earth rise potential if reasonably required by National Grid's engineers; and

(h) provide evidence that trench bearing capacity is to be designed to 26 tonnes to take the weight of overhead line construction traffic.

(4) TfL must not commence any works requiring the submission of a plan under sub-paragraph (1) until National Grid has given written approval of the plan so submitted.

(5) Any approval of National Grid required in relation to a plan submitted under sub-paragraph (1)—

(a) may be given subject to reasonable conditions for any purpose mentioned in sub-paragraph (6) or (8); and

(b) must not be unreasonably withheld.

(6) In relation to a work requiring the submission of a plan under sub-paragraph (1), National Grid may require such modifications to be made to the plan as may be reasonably necessary for the purpose of securing its system against interference or risk of damage or for the purpose of providing or securing proper and convenient means of access to any apparatus.

(7) Works requiring the submission of a plan under sub-paragraph (1) must be executed only in accordance with the plan, as amended from time to time by agreement between TfL and National Grid and in accordance with such reasonable requirements as may be made in accordance with sub-paragraph (5), (6), (8) or (9) by National Grid for the alteration or otherwise for the protection of the apparatus, or for securing access to it, and National Grid is to be entitled to watch and inspect the execution of those works.

(8) Where National Grid require any protective works to be carried out either by themselves or by TfL (whether of a temporary or permanent nature) such protective works must be carried out to National Grid's satisfaction prior to the commencement of works requiring the submission of a plan under sub-paragraph (1) and National Grid must give 56 days' notice of such works from the date of submission of the plan (except in an emergency).

(9) If National Grid in accordance with sub-paragraph (6) or (8) and in consequence of the works proposed by TfL, reasonably requires the removal of any apparatus and gives written notice to TfL of that requirement, paragraphs 16 to 18 and 21 to 22 apply as if the removal of the apparatus had been required by TfL under paragraph 21(2).

(10) Nothing in this paragraph precludes TfL from submitting at any time or from time to time, but in no case less than 56 days before commencing the execution of any works, a new plan, instead of the plan previously submitted, and having done so the provisions of this paragraph apply to and in respect of the new plan.

(11) TfL is not required to comply with sub-paragraph (1) where it needs to carry out emergency works as defined in the 1991 Act but in that case it must give to National Grid notice as soon as is reasonably practicable a plan of those works and must—

(a) comply with sub-paragraph (6), (7) and (8) insofar as is reasonably practicable in the circumstances; and

(b) comply with sub-paragraph (12) at all times.

(12) At all times when carrying out any specified works TfL must comply with National Grid's policies for development near or over headlines enshrined in ENA TA 43-8 and the Health and Safety Executive's guidance note 6 “Avoidance of Danger from Overhead Lines”.

(13) As soon as reasonably practicable after any ground subsidence event, TfL must implement an appropriate ground mitigation scheme.

Protective works to buildings E+W+S

25.  TfL must not exercise the powers conferred by article 15 (protective work to buildings), so as to obstruct or render less convenient the access to any apparatus without the written consent of National Grid.

Expenses E+W+S

26.—(1) Subject to the following provisions of this paragraph, TfL must repay to National Grid on demand all charges, costs and expenses reasonably incurred or in the case of sub-paragraph (a) compensation properly paid by National Grid in, or in connection with, the inspection, removal, relaying or replacing, alteration or protection of any apparatus or the construction of any new or alternative apparatus which may be required in consequence of the execution of any such works as are referred to in this Part of this Schedule including without limitation—

(a) in connection with the acquisition of rights or the exercise of statutory powers for such apparatus including without limitation in the event that National Grid elects to use compulsory purchase powers to acquire any necessary rights under paragraph 21 sub-paragraph (3) all costs incurred as a result of such action;

(b) carrying out any diversion work or providing alternative apparatus;

(c) cutting off any apparatus from any other apparatus or making safe redundant apparatus;

(d) the approval of plans;

(e) the carrying out of protective works, plus a capitalised sum to cover the cost of maintaining and renewing permanent protective works;

(f) the survey of any land, apparatus or works, the inspection and monitoring of works or the installation or removal of any temporary works reasonably necessary in consequence of the execution of any such works referred to in this Part of this Schedule.

(2) There must be deducted from any sum payable under sub-paragraph (1) the value of any apparatus removed under the provisions of this Part of this Schedule and which is not re-used as part of the alternative apparatus, that value being calculated after removal.

(3) If in accordance with the provisions of this Part of this Schedule—

(a) apparatus of better type, of greater capacity or of greater dimensions is placed in substitution for existing apparatus of worse type, of smaller capacity or of smaller dimensions; or

(b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was situated,

and the placing of apparatus of that type or capacity or of those dimensions or the placing of apparatus at that depth, as the case may be, is not agreed by TfL or in default of agreement settled by arbitration in accordance with article 68 (arbitration) to be necessary, then, if such placing involves cost in the construction of works under this Part of this Schedule exceeding that which would have been involved if the apparatus placed had been of the existing type, capacity or dimensions, or at the existing depth, as the case may be, the amount which apart from this sub-paragraph would be payable to National Grid by virtue of sub-paragraph (1) must be reduced by the amount of that excess except where it is not possible in the circumstances to obtain the existing type of operations, capacity, dimensions or place at the existing depth in which case the full costs must be borne by TfL.

(4) For the purposes of sub-paragraph (3)—

(a) an extension of apparatus to a length greater than the length of existing apparatus must not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; and

(b) where the provision of a joint in a pipe or cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole must be treated as if it also had been agreed or had been so determined.

(5) An amount which apart from this sub-paragraph would be payable to National Grid in respect of works by virtue of sub-paragraph (1) must, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7 years and 6 months earlier so as to confer on National Grid any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit.

Indemnity E+W+S

27.—(1) Subject to sub-paragraphs (2) and (3), if by reason or in consequence of the construction of any works authorised by this Part of this Schedule or in consequence of the construction, use, maintenance or failure of any of the authorised development by or on behalf of TfL or in consequence of any act or default of TfL (or any person employed or authorised by him) in the course of carrying out such works (including without limitation works carried out by TfL under this Part of this Schedule or any subsidence resulting from any of these works), any material damage is caused to any apparatus or alternative apparatus (other than apparatus the repair of which is not reasonably necessary in view of its intended removal for the purposes of those works) or property of National Grid, or there is any interruption in any service provided, or in the supply of any goods, by National Grid, or National Grid becomes liable to pay any amount to any third party, TfL must—

(a) bear and pay on demand the cost reasonably incurred by National Grid in making good such damage or restoring the supply; and

(b) indemnify National Grid for any other expenses, loss, demands, proceedings, damages, claims, penalty or costs incurred by or recovered from National Grid, by reason or in consequence of any such damage or interruption or National Grid becoming liable to any third party.

(2) The fact that any act or thing may have been done by National Grid on behalf of TfL or in accordance with a plan approved by National Grid or in accordance with any requirement of National Grid as a consequence of the authorised development or under its supervision does not (unless sub-paragraph (3) applies) excuse TfL from liability under the provisions of sub-paragraph (1) unless National Grid fails to carry out and execute the works properly with due care and attention and in a skilful and professional manner or in a manner that does not materially accord with the approved plan or as otherwise agreed between TfL and National Grid.

(3) Nothing in sub-paragraph (1) imposes any liability on TfL in respect of—

(a) any damage or interruption to the extent that it is attributable to the neglect or default of National Grid, its officers, servants, contractors or agents; and

(b) any authorised development or works authorised by this Part of this Schedule carried out by National Grid as an assignee, transferee or lessee of TfL with the benefit of this Order pursuant to section 156 (benefit of order granting development consent) of the 2008 Act or under article 59 (transfer of benefit of order, etc.) of this Order subject to the proviso that once such works become apparatus (“new apparatus”), any works yet to be executed and not falling within this sub-paragraph are subject to the full terms of this Part of this Schedule including this paragraph 27 in respect of such new apparatus.

(4) National Grid must give TfL reasonable notice of any such claim or demand and no settlement or compromise is to be made without National Grid first consulting TfL and considering their representations.

(5) National Grid must use its reasonable endeavours to mitigate in whole or in part and to minimise any costs, expenses, loss, demands, and penalties to which the indemnity under this paragraph 27 applies. If requested to do so by TfL, National Grid must provide an explanation of how the claim has been minimised. TfL is only liable under this paragraph 27 for claims reasonably incurred by National Grid.

Enactments and agreements E+W+S

28.  Save to the extent provided for to the contrary elsewhere in this Part of this Schedule or by agreement in writing between National Grid and TfL, nothing in this Part of this Schedule affects the provisions of any enactment or agreement regulating the relations between TfL and National Grid in respect of any apparatus laid or erected in land belonging to TfL on the date on which this Order is made.

Co-operation E+W+S

29.  National Grid and TfL must use their best endeavours to co-ordinate with each other on the timing and method of execution of any works carried out under this Order or this Part of this Schedule in the interests of safety and the efficient and economic execution of the authorised development and taking into account the need to ensure the safe and efficient operation of the other party's operations.

Access E+W+S

30.  If in consequence of the agreement reached in accordance with paragraph 20 or the powers granted under this Order the access to any apparatus is materially obstructed, TfL must provide such alternative means of access to such apparatus as will enable National Grid to maintain or use the apparatus no less effectively than was possible before such obstruction.

Arbitration E+W+S

31.  Any difference or dispute arising between TfL and National Grid under this Part of this Schedule must, unless otherwise agreed in writing between TfL and National Grid, be determined by arbitration in accordance with article 68 (arbitration).

PART 4 E+W+S FOR THE PROTECTION OF THE PORT OF LONDON AUTHORITY

32.  The provisions of this Part of this Schedule have effect unless otherwise agreed in writing between TfL and the PLA, for the protection of the PLA in relation to construction of the authorised development and, within any maintenance period defined in article 30(14) (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development. E+W+S

Definitions E+W+S

33.  In this Part of this Schedule—

“construction” includes execution, placing, altering, replacing, relaying, renewal and works of maintenance within a maintenance period defined in article 30(14) (temporary use of land for maintaining the authorised development) and, in its application to a specified work which includes or comprises any operation, means the carrying out of that operation, and “construct” and “constructed” are to be construed accordingly;

“the PLA” means the Port of London Authority;

“plans” includes navigational risk assessments, plans, sections, elevations, drawings, specifications, programmes, construction methods and descriptions including, where applicable, such relevant hydraulic information about the river Thames as may be reasonably requested by the PLA;

“specified function” means any function of TfL under this Order (except any function under article 19 (compulsory acquisition of land), 22 (compulsory acquisition of rights) or 27 (acquisition of subsoil, etc., 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—

(a)

is, may be, or takes place in, on, under or over the surface of land below mean high water level forming part of the river Thames; or

(b)

may 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; and

“tunnelling works” means so much of Work No. 1 as is carried out wholly under the bed of the river Thames.

Approval of detailed design E+W+S

34.—(1) TfL must not commence the construction of any specified work or the exercise of any specified function 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) Where the PLA approves a suspension of the public right of navigation under article 17 (works in the river Thames: conditions), TfL is not required to obtain the PLA's approval under this paragraph for any specified function to be exercised in respect of that suspension of the public right of navigation, including under article 29 (temporary use of land for carrying out the authorised development) or 30 (temporary use of land for maintaining the authorised development).

(3) TfL 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 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.

(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

(c) the performance of any of its functions connected with environmental protection.

(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;

(c) the removal of any temporary work and the undertaking by TfL 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 TfL does not commence construction or carrying out of the approved specified work or exercise of the specified function within a prescribed period.

(6) Subject to sub-paragraph (7), 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 paragraph 34 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) TfL 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 TfL must provide all reasonable facilities to enable that inspection and survey to take place.

(9) In this paragraph “the paragraph 34 specified day” means, in relation to any specified work or specified function—

(a) the day on which plans and sections of that work are submitted to the PLA under sub-paragraph (1); or

(b) the day on which TfL provides the PLA with all further particulars of the work that have been requested by the PLA under that sub-paragraph,

whichever is the later.

Design of the tunnelling works E+W+S

35.—(1) TfL must undertake the detailed design and construction of the tunnelling works to ensure that, as far as is reasonably foreseeable, the navigable channel of the river Thames can be maintained by the PLA to a depth of at least 5.80 metres below chart datum.

(2) When complying with sub-paragraph (1) TfL must allow for potential ‘over-dredge’ of 0.5 metres attributable to standard dredging methodology.

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

(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; and

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

(4) TfL must supply to the PLA—

(a) any of the drawings referred to in either of the certificates specified in sub-paragraphs (3)(b) and (3)(c); and

(b) such other information relating to any of the documents provided under sub-paragraph (2) or (3)(a) as the PLA may reasonable 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.

(5) If, following receipt of any of the documents supplied under sub-paragraphs (3) and (4), the PLA is not reasonably satisfied that the design requirement will be met, it may within 20 business days of the paragraph 35 specified day, notify TfL that the PLA is in dispute with TfL and accordingly refer the matter to arbitration under paragraph 52 to review the proposed detailed design of the tunnelling works so far as it concerns the design requirement.

(6) In this paragraph—

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

(b) “the design requirement” means the detailed design requirement specified in sub-paragraphs (1) and (2);

(c) “the navigable channel” means Regions 2 and 4 as defined in article 52 (restrictions on other works in the river Thames);

(d) “the paragraph 35 specified day” means—

(i) the day on which the documents referred to in sub-paragraph (3) are provided to the PLA under that sub-paragraph; or

(ii) the day on which TfL provides the PLA with all drawings and further information that has been requested by the PLA under sub-paragraph (4),

whichever is the later.

As built drawings E+W+S

36.  As soon as reasonably practicable following the completion of the construction of the authorised development, TfL must provide to the PLA as built drawings of any specified works (but not including any work constructed or placed within the tunnels) in a form and scale to be agreed between TfL and the PLA to show the position of those works in relation to the river Thames.

Discharges, etc. E+W+S

37.—(1) TfL must not without the consent of the PLA exercise the powers conferred by article 14 (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

(c) directly or indirectly discharge any water into the river Thames.

(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 35 days of the day on which the request for consent is submitted under sub-paragraph (1).

38.  TfL must not, in exercise of the powers conferred by article 14 (discharge of water), 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. E+W+S

Navigational lights, buoys, etc. E+W+S

39.—(1) TfL 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 TfL 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 E+W+S

40.  TfL 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 E+W+S

41.—(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

(c) carrying out dredging operations for any such purpose,

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

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

Removal of temporary works E+W+S

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

(a) as soon as reasonably practicable after such completion seek approval under paragraph 34 for the removal required by sub-paragraph (b); and

(b) as soon as reasonably practicable after the grant of that approval under paragraph 34 remove—

(i) in the case of completion of part, 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

(iii) in either case, any materials, plant and equipment used for such construction,

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

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

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

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

(3) As soon as reasonably practicable after TfL has complied with the PLA's requirements under sub-paragraphs (1) and (2) in relation to any residual structure, the PLA will grant TfL 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.

(4) For the avoidance of doubt, article 3(1)(h) (disapplication of legislation, 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.

(5) In this paragraph—

“residual structure” means any part of a temporary tidal work that the PLA agrees cannot reasonably be removed by TfL 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 mean high water level forming part of the river Thames.

Protective action E+W+S

43.—(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 Part of this Schedule or with any condition in an approval given under paragraph 34(4); or

(b) during construction or carrying out gives rise to sedimentation, scouring, currents or wave action, 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 TfL at TfL'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 Part of 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 so far as required by the needs of traffic in, or the flow or regime of, the river Thames.

(3) If TfL does not comply with a notice under sub-paragraph (1), or is unable to do so then the PLA may in writing require TfL 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 purpose of remedying the non-compliance to which the notice relates.

(4) If a specified work gives rise to environmental impacts over and above those anticipated by any environmental document, TfL 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 an environmental impact over and above those anticipated by any environmental document, the PLA must notify TfL of that environmental impact, the reasons why the PLA believes that the environmental impact is being caused by the specified work and of measures that the PLA reasonably believes are necessary to counter or mitigate that environmental impact. TfL must implement either the measures that the PLA has notified to TfL or such other measures as TfL believes are necessary to counter the environmental impact identified, giving reasons to the PLA as to why it has implemented such other measures.

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

(a) the environmental statement; and

(b) any other document containing environmental information provided by TfL to the PLA for the purposes of any approval under paragraph 34.

Abandoned or decayed works E+W+S

44.—(1) If a specified work is abandoned or falls into decay, the PLA may by notice in writing require TfL 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 TfL 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 TfL 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 TfL.

Facilities for navigation E+W+S

45.—(1) TfL must not in the exercise of the powers conferred by this Order interfere with any marks, lights or other navigational aids in the river 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) TfL must provide at any specified work, or must afford reasonable facilities at such work (including an electricity supply) for the PLA to provide at TfL'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.

Survey of riverbed E+W+S

46.—(1) The PLA may, at TfL'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 mean high water level to be constructed following approval under paragraph 34;

(b) before the commencement of construction of any other specified work, or the carrying out of any other specified function, approved under paragraph 34;

(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 or wave action 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 mean high water level.

(2) The PLA must make available to TfL the results of any survey carried out under this paragraph.

(3) The PLA must not under this paragraph carry out a survey of any part of the river Thames in respect of which TfL 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 E+W+S

47.  Subject to article 3 (disapplication of legislation, etc.) the exercise in, under or over the river Thames by TfL 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

(c) any other exercise by the PLA or the Harbour Master of any function conferred by or under any enactment.

Indemnity E+W+S

48.—(1) TfL 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 TfL, 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 TfL 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.

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

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

(b) by TfL, 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 TfL from liability under the provisions of this paragraph.

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

Compensation for temporary works E+W+S

49.—(1) Regardless of article 3 (disapplication of legislation, etc.), compensation in respect of—

(a) any specified work constructed on land specified in Schedule 7 (land of which only temporary possession may be taken) and belonging to the PLA;

(b) any specified function exercised on that land;

(c) the rights conferred in connection with construction of such a specified work; and

(d) the carrying out of such a specified function,

is payable to the PLA as if TfL has been required—

(i) to obtain a licence for the work or the exercise of the function under section 66 (licensing of works) of the 1968 Act; and

(ii) to pay consideration for the licence determined in accordance with the provisions of section 67 (consideration for licence) of that Act.

(2) For the avoidance of doubt, in determining the amount of compensation payable under this paragraph, no account is to be taken of the value of any other specified work whose construction is facilitated by the construction and use of any specified work mentioned in sub-paragraph (1).

(3) This paragraph has effect in addition to the obligation to pay compensation in articles 29(8) (temporary use of land for carrying out the authorised development) and 30(9) (temporary use of land for maintaining the authorised development).

Apparatus in the Silvertown Tunnel area E+W+S

50.—(1) Whenever TfL receives an application from any person who is considering placing or doing anything that might require TfL's consent under article 47 (no apparatus in Silvertown Tunnel area without consent), TfL 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(1), TfL 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.

Disposals, etc. E+W+S

51.  TfL must within 7 days after the completion of any sale, agreement or other transaction under article 59 (transfer of benefit of Order, etc.) in relation to which any powers, rights and obligations of TfL 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 59, 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.

Disputes E+W+S

52.  Any dispute arising between TfL and the PLA under this Part of this Schedule is to be determined by arbitration as provided in article 68 (arbitration).

PART 5 E+W+S FOR THE PROTECTION OF THE ENVIRONMENT AGENCY

53.  The following provisions apply for the protection of the Environment Agency unless otherwise agreed in writing between TfL and the Agency, in relation to construction of the authorised development and, within any maintenance period defined in article 30(14) (temporary use of land for maintaining the authorised development), any maintenance of any part of the authorised development. E+W+S

Definitions E+W+S

54.  In this Part of this Schedule—

“the Agency” means the Environment Agency;

“asset control limits” means the predefined values, based on assessment, relating to safety and serviceability considerations that instigate a review of risk to the flood defences with respect of movement impacts;

“authorised work” means any work forming part of the authorised development, and “the authorised works” means all such works;

“baseline monitoring” means any surveys carried out to determine and establish movements of the flood defences due to factors external to the authorised work including (but not limited to) seasonal variations or diurnal impacts due to tide or temperature;

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

“damage” includes (but is not limited to) scouring, erosion, loss of structural integrity and environmental damage to any drainage work or any flora or fauna dependent on the aquatic environment, and “damaged” is to be construed accordingly;

“detailed designs” means any information submitted under paragraph 56(1);

“drainage work” means 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 or flood storage capacity;

“ecological enhancements” means the inclusion of any features integral to or adjacent to the foreshore structures and any new, modified, or replaced flood defences that can support wildlife (including, but not limited to, where practicable, the set back of flood defences to provide inter tidal habitat and the creation of shelters for juvenile fish);

“environmental duties” means the Agency's duties in the Environment Act 1995 M127 , the Natural Environment and Rural Communities Act 2006 M128 and the Water Environment (Water Framework Directive)(England and Wales) Regulations 2017 M129 ;

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

“fit for purpose flood defence” means a flood defence that prevents tidal flood water from entering into land and which is of the statutory defence level;

“the flood defences” means any bank, wall, embankment, bridge abutments, lock gates or other structure or any appliance (including any supporting anchorage system) that fulfils a function of preventing, or reducing the risk of, flooding to land or property which is—

(a)

within the Order limits; or

(b)

within the 1mm settlement contour for the final tunnel alignment;

“flood storage capacity” means any land, which, taking account of the flood defences, is expected to provide flood storage capacity for any main river;

“main river” means all watercourses shown as such on the statutory main river maps held by the Agency and the Department of Environment, Food and Rural Affairs, including any structure or appliance for controlling or regulating the flow of water into, in or out of the channel;

“maintenance” has the same meaning as in article 2(1) (interpretation), save for the exclusion of the works of inspection;

“specified day” means the business day on which detailed designs are received by the Agency under paragraph 56(1) and for the avoidance of doubt if any further information is requested by the Agency under paragraph 56(1)(i), the specified day is the business day on which the Agency receives this information from TfL;

“specified work” means so much of any permanent or temporary work or operation forming part of the authorised work (other than works required in an emergency) as is in, on, under or over a main river or drainage works or within 16 metres of a drainage work or is otherwise likely to—

(a)

affect any drainage works or the volumetric rate of flow of water in or flowing to or from any drainage works;

(b)

affect the flow, purity or quality of water in any main river or other surface waters or ground water;

(c)

cause obstruction to the free passage of fish or damage to any fishery;

(d)

affect the conservation, distribution or use of water resources; or

(e)

affect the conservation value of the main river and habitats in its immediate vicinity;

“the statutory defence level” means 5.18 metres above ordnance datum;

“the structural integrity plans” means the plans and documents to be provided to the Agency under paragraph 55;

“temporary flood defence measures” means any temporary measures constructed by TfL under this Part of this Schedule for the purpose of creating a fit for purpose flood defence; and

“TE2100” means the standards associated with the strategy for managing flood risk across the Thames estuary, including recommendations for action in short, medium and long term time periods to take account of sea level rise and climate change, as adopted and updated from time to time by the Agency.

Marginal Citations

M127 1995 c. 25.

M128 2006 c. 16.

M129 S.I. 20017/407.

Structural integrity of flood defences E+W+S

55.—(1) Prior to commencing the first authorised work likely to impact a flood defence and at least at the same time as submitting any submissions for approval in respect of the first specified work under paragraph 56, TfL must prepare at its own expense and provide to the Agency (for its approval where stated below), the following documents in the corresponding order (but nothing precludes TfL from submitting more than one document to the Agency at a time)—

(a) a schedule of defects existing in the flood defences including, where reasonably practicable, a description of the magnitude of any defect;

(b) a survey plan, for approval by the Agency, to include details of any further surveys and intrusive investigations of the flood defences proposed to be undertaken by TfL to inform the detailed design process, construction methodology and mitigation proposals;

(c) an assessment report, to—

(i) include details of the structural integrity of the flood defences in light of any proposed authorised works;

(ii) include asset control limits of any sections of the flood defences;

(iii) identify any sections of the flood defences requiring protective works by reason of the authorised works; and

(iv) identify any section of the flood defences that are not a fit for purpose flood defence,

such report to be based on the findings of the additional surveys carried out by TfL under the survey plan under paragraph (b), the schedule of defects provided under paragraph (a) and any available historical information;

(d) a mitigation design report (or reports), for approval by the Agency, to include details of the protective works identified by the assessment report provided under paragraph (c) that—

(i) are necessary before; or

(ii) may be required to be implemented as an action under the emergency preparedness plan provided under paragraph (f) during or after,

the construction of the authorised development and that such details will—

(aa) be sensitive to the foreshore and hydraulic regime; and

(bb) not prevent the relevant sections of the flood defences being raised to TE2100 levels in future and such standards being maintained;

(e) an instrumentation and monitoring plan, for approval by the Agency, to include, in respect of the flood defences—

(i) details of monitoring locations (which must be established having regard to the asset control limits);

(ii) details of monitoring in respect of scour of any flood defence within the Order limits;

(iii) the frequency of monitoring (which must, as a minimum, be until—

(aa) the rate of settlement experienced by the flood defences directly attributable to the authorised development ceases or is less than or equal to 2 millimetres per annum; or

(bb) the period of 2 years has expired following the completion of the authorised development (whichever is later); and

(iv) the minimum amount of baseline monitoring; and

(f) an emergency preparedness plan, for approval by the Agency, to include details as to what actions TfL will take, including the implementation of any mitigation identified in the mitigation design report (or reports) approved under paragraph (d), in respect of the asset control limits identified in the assessment report provided under paragraph (c), including timescales and the hierarchy of actions.

(2) TfL must implement and act in accordance with the approved structural integrity plans.

(3) Any protective work identified as being required by the structural integrity plans is to be treated as a specified work for the purposes of this Part of this Schedule.

(4) Following completion of the authorised development, TfL must prepare at its own expense and provide to the Agency, a completion report, to include details of—

(a) any modifications or mitigation measures to be implemented in respect of the flood defences;

(b) illustrations in respect of the interactions between ground movement relating to the flood defences and construction activities;

(c) actual ground movement in respect of the flood defences compared to predicted ground movement;

(d) the results of a post-construction defects survey but only in relation to any differences identified when compared to the schedule of defects provided to the Agency under sub-paragraph (1)(a);

(e) any remedial works undertaken by TfL to the flood defences; and

(f) final as-built drawings and plans of the parts of the authorised development situated within 16 metres of a flood defence.

Specified works E+W+S

56.—(1) Before commencing construction of a specified work (excluding any piling works which comprise a “ licensable marine activity” as defined in the 2009 Act), TfL must submit to the Agency for its written approval—

(a) plans, calculations, cross-sections, elevations, drawings, specifications and designs of the specified work together with the details of the positioning of any structure within the main river;

(b) proposals for strengthening, modification, renewal or replacement of any drainage work required as a result of the anticipated impacts of the specified work;

(c) any proposed mitigation measures to minimise the impact of the specified work on the foreshore, ecologically sensitive areas and the wider environment;

(d) details of any ecological enhancements which are considered by TfL to be appropriate and reasonable to be incorporated into the specified work having regard to the nature of the specified work;

(e) method statements in respect of the specified work to include both timing of and methods used, sequence of construction and the type, location and storage of all machinery, materials and fuel;

(f) any proposals for reinstatement of the foreshore setting out timing of reinstatement works, measures to be used to minimise environmental impact of the works, materials to be used, methods of reinstatement and any proposed pollution protection measures;

(g) information to demonstrate that the Agency will be afforded sufficient access to drainage works within the Order limits and the flood defences during the construction of the specified work to discharge its statutory functions;

(h) details of any temporary flood defence measures which TfL wishes to construct to provide a fit for purpose flood defence during construction of the specified work; and

(i) such further particulars as the Agency may within 20 business days of the receipt of the detailed designs reasonably require.

(2) Any such specified work must not be constructed except in accordance with all detailed designs as may be approved in writing by the Agency under sub-paragraph (1) (having regard to any structural integrity plans approved under paragraph 55), or settled in accordance with paragraph 64 where applicable, and in accordance with any reasonable conditions or requirements specified under this paragraph.

Approvals E+W+S

57.—(1) Any approval of the Agency required under paragraph 55(1) or 56(1)—

(a) must not be unreasonably withheld;

(b) in the case of a refusal, must be accompanied by a statement of the grounds of refusal;

(c) may be given subject to such reasonable requirements or conditions as the Agency may make for the protection of any drainage work, flood defence, fishery, main river or water resources, or for the prevention of flooding or pollution or in the discharge of its environmental duties (but not including any requirement for TfL to improve any flood defence where temporary flood defence measures approved under paragraph 56 have been or are proposed to be constructed by TfL); and

(d) is deemed to have been refused if it is neither given nor refused within 35 business days of the specified day unless otherwise agreed.

(2) Without limitation on the scope of sub-paragraph (1) the requirements or conditions which the Agency may make under sub-paragraph (1) include conditions requiring TfL at its own expense to construct such protective works (including any new works as well as alterations to existing works) as are reasonably necessary—

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

(b) to secure that its efficiency or effectiveness for flood defence purposes is not impaired; or

(c) to ensure the risk of flooding is not otherwise increased by reason of any specified work, maintenance work or protective work,

during the construction of or by reason of the works.

(3) Any dispute in respect of any approval or refusal under this paragraph is subject to the dispute resolution procedure in paragraph 64.

Inspection and construction E+W+S

58.—(1) All works must be constructed without unnecessary delay in accordance with the detailed designs approved or settled under this Part of this Schedule and to the reasonable satisfaction of the Agency.

(2) Save where TfL constructs a specified work in accordance with any detailed designs approved by the Agency under paragraph 56, TfL must not damage or obstruct any drainage work during the construction of a specified work.

(3) An officer of the Agency is entitled to watch and inspect the construction of any specified work.

(4) TfL must give to the Agency not less than 10 business days' notice in writing of its intention to commence construction of a specified work and notice in writing of its completion not later than five business days after the date on which it is completed.

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

(6) If any part of a specified work is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require TfL at TfL's own expense to comply with the requirements of this Part of this Schedule or if TfL 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.

(7) Subject to sub-paragraph (8), if within a reasonable period, being not less than 28 days from the date when a notice under sub-paragraph (6) is served upon TfL, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing is recoverable from TfL.

(8) In the event of any dispute as to whether sub-paragraph (6) 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 an emergency, exercise the powers conferred by sub-paragraph (7) until the dispute has been finally determined.

Maintenance of the flood defences E+W+S

59.—(1) Subject to the provisions of this Part of this Schedule and except to the extent that the Agency or any other person is liable to maintain any drainage work and is not precluded by the exercise of the powers of this Order from doing so, TfL must from the commencement of the construction of the specified works until their completion (and during any maintenance works carried out on land temporarily occupied under article 30 (temporary use of land for maintaining the authorised development)) maintain free from obstruction and to the reasonable satisfaction of the agency any drainage work which is situated within the limits of deviation or on land held by TfL for the purposes of or in connection with the specified works, whether or not the drainage work is to be constructed under the powers of this Order or is already in existence, so that the drainage work is a fit for purpose flood defence.

(2) TfL must, from the commencement of the construction of the specified works until their completion (and during any maintenance works carried out on land temporarily occupied under article 30) maintain free from obstruction and to the reasonable satisfaction of the Agency any temporary flood defence measures approved under paragraph 56, so that they are a fit for purpose flood defence.

(3) If TfL constructs and thereafter maintains in accordance with sub-paragraph (2) temporary flood defence measures approved by the Agency pursuant to paragraph 56, the obligation in sub-paragraph (1) does not apply to the extent that TfL may maintain the existing drainage work to which the temporary flood defence measures relate to the same standard of repair and condition as the schedule of defects and assessment report prepared under paragraph 55(1) showed it to be in before commencement of the specified works.

(4) If any such work that TfL is liable to maintain under sub-paragraph (1) or (2) is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require TfL to repair and restore the work, or any part of it, or (if TfL so elects and the Agency in writing consents, such consent not to be unreasonably withheld), to remove the work and restore the site to its former condition, to such extent and within such limits as the Agency reasonably requires.

(5) If, within a reasonable period being not less than 20 business days beginning with the date on which a notice in respect of any work is served under sub-paragraph (4) on TfL, that person has failed to begin taking steps to comply with the reasonable requirements of the notice and has not thereafter made reasonably expeditious progress towards their implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in doing so from TfL.

(6) In the event of any dispute as to the reasonableness of any requirement of a notice served under sub-paragraph (4), the Agency must not, except in a case of immediate foreseeable need, exercise the powers of sub-paragraph (5) until the dispute has been finally determined.

(7) If any maintenance of a drainage work carried out by TfL under sub-paragraph (1) is not required as a result of, or is not attributable to the construction of, the specified works then TfL may recover the expenditure reasonably incurred by it in maintaining the drainage work from the person who is ordinarily liable to maintain that work.

(8) In the event that the Agency recovers from TfL any expenditure for work carried out by it under sub-paragraph (5) in respect of maintenance that is not required as a result of, or is not attributable to the construction of, the specified works then TfL may in turn recover from the person who is ordinarily liable to maintain the drainage work so much of that expenditure as that person would ordinarily have incurred in maintaining the work.

Emergency powers E+W+S

60.—(1) Subject to sub-paragraph (4), if by reason of the construction of any specified work or any other development authorised by this Order, or the failure of any such work, the efficiency or effectiveness of any drainage work or the conservation value of the aquatic habitat is impaired, or that drainage work is otherwise damaged, so as to require remedial action, such impairment or damage must be made good by TfL to the reasonable satisfaction of the Agency.

(2) If such impaired or damaged drainage work is not made good to the reasonable satisfaction of the Agency, the Agency may by notice in writing require TfL to restore it to its former standard of efficiency or where necessary to construct some other work in substitution for it.

(3) If, within a reasonable period being not less than 28 days beginning with the date on which a notice in respect of impaired or damaged drainage work is served under sub-paragraph (2) on TfL, TfL has failed to begin taking steps to comply with the requirements of the notice and has not thereafter made reasonably expeditious progress towards its implementation, the Agency may do what is necessary for such compliance and may recover any expenditure reasonably incurred by it in so doing from TfL.

(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 a case of immediate foreseeable need exercise the powers conferred by sub-paragraph (3) until the dispute has been finally determined in accordance with paragraph 64.

(5) In any case where immediate action by the Agency is reasonably required in order to secure that the imminent flood risk or damage to the environment is avoided or reduced, the Agency may take such steps as are reasonable for the purpose and may recover from TfL the reasonable cost of so doing provided that the notice specifying those steps is served on TfL as soon as it is reasonably practicable after the Agency has taken or commence to take the steps specified in the notice.

Protection for fish and fisheries E+W+S

61.—(1) TfL must take all such measures as may be reasonably practicable to prevent any interruption of the free passage of fish in any 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 specified work,

damage to a fishery is caused, or the Agency has reason to expect that such damage may be caused, the Agency may serve notice on TfL 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) 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, TfL fails to take such steps as are described in sub-paragraph (1), the Agency may take such steps as are reasonable for the purpose and may recover from TfL the reasonable cost of so doing provided that the notice specifying those steps is served on TfL as soon as is reasonably practicable after the Agency has taken, or commenced to take the steps specified in the notice.

Indemnities and costs E+W+S

62.—(1) TfL is responsible for and must indemnify the Agency against all claims, demands, proceedings, costs, expenses, damages 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 or operation or maintenance of any specified works comprised within the authorised development or the failure of any such works comprised within them; or

(b) any act or omission of TfL, its employees, contractors or agents or others whilst engaged upon the construction or operation or maintenance of the authorised works or dealing with any failure of the authorised works,

and TfL must indemnify and keep indemnified the Agency from and against all claims and demands arising out of or in connection with the authorised works or any such failure, act or omission.

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

(a) by the Agency on behalf of TfL; or

(b) by TfL, its employees, contractors or agents in accordance with plans or particulars submitted to or modifications or conditions specified by the Agency, or in a manner approved by the Agency, 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 Agency or its duly authorised representative, employee, contractor or agent) excuse TfL from liability under the provisions of this paragraph.

(3) The Agency must give TfL 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 can be made without the prior consent of TfL.

Notices E+W+S

63.  All notices under this Part of the Schedule are to be sent to the Agency by email to [e-mail] and PSO.SELondon&[e-mail] unless otherwise agreed in writing.

Dispute resolution E+W+S

64.  Any difference or dispute arising between TfL and the Agency under this Part of this Schedule is to be determined by arbitration in accordance with article 68 (arbitration) unless otherwise agreed in writing between TfL and the Agency.

PART 6 E+W+S FOR THE PROTECTION OF THE LONDON BOROUGH OF NEWHAM AND THE ROYAL BOROUGH OF GREENWICH

65.  The following provisions of this Part of this Schedule have effect, unless otherwise agreed in writing between TfL and the appropriate Council. E+W+S

66.  In this Part of this Schedule— E+W+S

“the appropriate Council” means—

(a)

the Council of the London Borough of Newham, in relation to any part of the authorised development constructed in the area of that council; and

(b)

the Council of the Royal Borough of Greenwich, in relation to any part of the authorised development constructed in the area of that council;

“GLA side road” has the same meaning as in the 1984 Act;

“highway” means a street vested in or maintainable by the appropriate Council as highway authority under the 1980 Act;

“highway operations” means the construction of any part of the authorised development which will involve the interference with a highway or (where the highway is not a GLA side road) the traffic in a highway and any temporary stopping up, alteration or diversion of a highway; and

“plans” includes sections, drawings, specifications and particulars (including descriptions of methods of construction).

67.  Without affecting the application of sections 59 M130 and 60 M131 of the 1991 Act (duty of street authority to co-ordinate and undertakers to co-operate) before commencing any highway operations, TfL must submit to the appropriate Council for its approval proper and sufficient plans and must not commence the highway operations until such plans have been approved or settled by arbitration. E+W+S

Marginal Citations

M130 As amended by section 42 of the Traffic Management Act 2004 (c. 18).

M131 As amended by section 40(1) and (2) of, and Schedule 1 to, the Traffic Management Act 2004.

68.  If, within 56 days after any plans have been submitted to the appropriate Council under paragraph 67, it has not intimated its disapproval and the grounds of disapproval, it is deemed to have approved them. E+W+S

69.  In the event of any disapproval of plans by the appropriate Council under paragraph 67, TfL may re-submit the plans with modifications and, in that event, if the appropriate Council has not intimated its disapproval and the grounds of disapproval within 28 days of the plans being re-submitted, it is deemed to have approved them. E+W+S

70.  So much of the authorised development as forms part of or is intended to become a highway, or part of any such highway, and which are not street works as respects which the provisions of Part 3 (street works in England and Wales) of the 1991 Act apply, must be completed in accordance with the reasonable requirements of the appropriate Council which is to become the highway authority or, in case of difference between TfL and the appropriate Council as to whether those requirements have been complied with or as to their reasonableness, in accordance with such requirements as may be approved or settled by arbitration. E+W+S

71.  TfL must not, except with the consent of the appropriate Council, deposit any soil, subsoil or materials or stand any vehicle or plant on any highway (except on so much of it as is for the time being temporarily stopped up or occupied under the powers conferred by this Order) so as to obstruct the use of the highway by any person or, except with the same consent, deposit any soil, subsoil or materials on any highway except within a hoarding. E+W+S

72.  Except in an emergency or where reasonably necessary to secure the safety of the public no direction or instruction may be given by the appropriate Council to the contractors, servants or agents of TfL regarding any highway operations without the prior consent in writing of TfL; but the appropriate Council is not liable for any additional costs which may be incurred as a result of the giving of instructions or directions under this paragraph. E+W+S

73.  TfL must, if reasonably so required by the appropriate Council, provide and maintain during such time as TfL may occupy any part of a highway for the purpose of the construction of any part of the authorised development that is not a GLA side road, temporary ramps for vehicular traffic or pedestrian traffic, or both, and any other traffic measures required to protect the safety of road users in accordance with the standard recommended in Chapter 8 of the Traffic Signs Manual issued for the purposes of the Traffic Signs Regulations and General Directions 1994 M132 in such position as may be necessary to prevent undue interference with the flow of traffic in any highway. E+W+S

Marginal Citations

M132 S.I. 1994/1519.

74.  TfL must indemnify the appropriate Council against any claim which may arise as a result of any subsidence of, or damage to, any highway or any retained sanitary convenience, refuge, sewer, drain, lamp column, traffic sign, bollard, bin for refuse or road materials or associated apparatus or any other property or work belonging to, or under the jurisdiction or control of, or maintainable by, the appropriate Council on or under any highway which may be caused by, or in consequence of, any act or default of TfL, its contractors, servants or agents but the appropriate Council must give to TfL reasonable notice of any such claim and no settlement or compromise of it may be made without TfL's prior consent. E+W+S

75.  Wherever in this Part of this Schedule provision is made with respect to the approval or consent of the appropriate Council, that approval or consent must be in writing and may be given subject to such reasonable terms and conditions as the appropriate Council may require in the interests of safety and in order to minimise inconvenience to persons using the highway, but must not be unreasonably withheld. E+W+S

76.  Unless otherwise agreed between the parties any difference arising between TfL and the appropriate Council under this Part of this Schedule (other than a difference as to its meaning or construction) must be determined by arbitration in accordance with article 68 (arbitration). E+W+S

Article 65

SCHEDULE 14 E+W+S DOCUMENTS TO BE CERTIFIED

(1) Document	(2) Description
book of reference	The book of reference contained in document reference 4.3 (revision 3)
bus strategy	The bus strategy contained in document reference 8.82 (revision 2)
charging policies and procedures	The charging policies and procedures contained in document reference 7.11 (revision 3)
classification of roads (classification) plans	The classification of roads (classification) plans contained in document reference 2.7 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheet 2)
classification of roads (designation) plans	The classification of roads (designation) plans contained in document reference 2.7 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheet 2)
code of construction practice	The code of construction practice contained in document reference 6.10 (revision 4)
design and access statement	Design and Access Statement Document 7.3
design and access statement addendum	Design and Access Statement Addendum Document 8.83
design principles	The design principles contained in document reference 7.4 (revision 3)
engineering section drawings and plans	The engineering section drawings and plans contained in document reference 2.8 (revision 1) (revision P02 in respect of sheets 1, 6 to 10, 21 to 23 and revision P01 in respect of sheets 2 to 5 and 11 to 20)
environmental statement	The environmental statement and associated figures and appendices contained in documents referenced 6.1, 6.2 and 6.3 (revision 0) (subject to the substitutions below) The revised chapter 6 of the environmental statement contained in document reference 6.1.6 (revision 0) (which substitutes chapter 6 of the environmental statement contained in document reference 6.1 (revision 0)) The updated air quality and health assessment (to be read alongside the above) contained in document reference 8.33 The revised chapter 8 of the environmental statement contained in document reference 6.1.8 (revision 1) (which substitutes chapter 8 of the environmental statement contained in document reference 6.1 (revision 0)) The revised chapter 10 of the environmental statement contained in document reference 6.1.10 (revision 1) (which substitutes chapter 10 of the environmental statement contained in document reference 6.1 (revision 0)) The revised chapter 12 of the environmental statement contained in document reference 6.1.12 (revision 1) (which substitutes chapter 12 of the environmental statement contained in document reference 6.1 (revision 0)) The revised chapter 13 of the environmental statement contained in document reference 6.1.13 (revision 1) (which substitutes chapter 13 of the environmental statement contained in document reference 6.1 (revision 0)) The revised chapter 16 of the environmental statement contained in document reference 6.1.16 (revision 1) (which substitutes chapter 16 of the environmental statement contained in document reference 6.1 (revision 0)) The following figures substitute the corresponding figures of the environmental statement contained in document reference 6.2 (revision 0)— the revised figures 6.3 to 6.4 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 6.5 to 6.6 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 6.7 to 6.8 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 6.9 to 6.10 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 7.1 to 11.2 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 14.1 to 14.5 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 14.6 to 14.8 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 15.1 to 15.2 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 16.1 to 16.5 of the environmental statement contained in document reference 6.2 (revision 1); the revised figures 16.6 to 16.10 of the environmental statement contained in document reference 6.2 (revision 1); and the revised figures 17.1 to 17.2 of the environmental statement contained in document reference 6.2 (revision 1) The revised appendix 4.A of the environmental statement contained in document reference 6.3.4.1 (revision 1) (which substitutes appendix 4.A of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 6.B of the environmental statement contained in document reference 6.3.6.2 (revision 1.1) (which substitutes appendix 6.B of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 8.A of the environmental statement contained in document reference 6.3.8.1 (revision 1) (which substitutes appendix 8.A of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 9.G of the environmental statement contained in document reference 6.3.9.7 (revision 1) (which substitutes appendix 9.G of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 9.H of the environmental statement contained in document reference 6.3.9.8 (revision 1.1) (which substitutes appendix 9.H of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 10.A of the environmental statement contained in document reference 6.3.10.1 (revision 1) (which substitutes appendix 10.A of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 10.B of the environmental statement contained in document reference 6.3.10.2 (revision 1) (which substitutes appendix 10.B of the environmental statement contained in document reference 6.3 (revision 0)) The revised appendix 16.A of the environmental statement contained in document reference 6.3.16.1 (which substitutes appendix 16.A of the environmental statement contained in document reference 6.3 (revision 0)) The draft HGV management strategy contained in Appendix K of document reference 8.4 The Hoola noise technical note contained in Appendix E of document reference 8.9 The NIR assessment contained in Appendix F of document reference 8.9 The additional noise survey data contained in Appendix D of document reference 8.28 The proposed non-material changes report contained in document reference 8.56 The addendum to the non-material changes report contained in document reference 8.78 The PCC plant environmental appraisal contained in document reference 8.65 The STP environmental appraisal contained in document reference 8.66 The Hoola air quality technical note contained in Appendix 5 of document reference 8.76 The envisaged construction techniques, duration and hours of working for marine piling contained in Appendix 11 of document reference 8.77 The PCC plan indicative visualisation contained in Appendix A of document reference 8.93 The underwater noise technical note contained in Appendix B of document reference 8.100 The Marine Policy Statement Compliance Statement contained in document reference 8.114
general arrangement plans	The general arrangement plans contained in document reference 2.2 (revision 1) (revision P04 in respect of all sheets)
land plans	The land plans contained in document reference 2.3 (revision P01.1 in respect of all sheets)
landscaping plan	The landscaping plan contained in document reference 8.88 (revision P02)
monitoring and mitigation strategy	The monitoring and mitigation strategy contained in document reference 8.84 (revision 2)
rights of way and access plans	The rights of way and access plans contained in document reference 2.6 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheets 2 and 3)
river restrictions plan	The river restrictions plan contained in document reference 2.10 (revision 0) (revision P02)
river restrictions section	The river restrictions section contained in document reference 2.10 (revision 0) (revision P01)
special category land plan	The special category land plan contained in document reference 2.4 (revision P01.1)
traffic regulation measures (speed limits and restricted roads) plans	The traffic regulation measures (speed limits and restricted roads) plans contained in document reference 2.9 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheets 2 to 4)
traffic regulation measures (clearways and prohibitions) plans	The traffic regulation measures (clearways and prohibitions) plans contained in document reference 2.9 (revision 1) (revision P02 in respect of sheet 1 and revision P01 in respect of sheets 2 to 4)
the tunnels location and operational boundaries plans	The tunnels location and operational boundaries plans contained in document reference 2.1 (revision 1) (revision P03 in respect of sheet 1 of the tunnels location and operational boundaries plans (location plan), revision P02 in respect of sheet 1 of the tunnels location and operational boundaries plans (tunnels operational boundaries plans) and revision P01 in respect of sheets 2 and 3 of the tunnels location and operational boundaries plans (tunnels operational boundaries plans))
works plans	The works plans contained in document reference 2.5 (revision 2) (revision P03 in respect of sheet 1 and revision P04 in respect of sheets 2 and 3)

Explanatory Note

(This note is not part of the Order)

This Order authorises Transport for London to construct, operate and maintain the Silvertown Tunnel. This is a new road tunnel linking the areas north and south of the river Thames in London between the Greenwich Peninsula and Silvertown.

The Order would permit Transport for London to acquire, compulsorily or by agreement, land and rights in land and to use land for this purpose.

The Order also includes provisions in relation to the operation of the existing Blackwall Tunnel and the new Silvertown Tunnel, including for the implementation of user charging at both tunnels.

A copy of all documents mentioned in this Order and certified in accordance with article 65 (certification of documents) of this Order may be inspected free of charge during working hours at Transport for London, Windsor House, 42 Victoria Street, London, SW1H 0TL.