PART 2WORKS PROVISIONS
Principal powers
Development consent, etc., granted by the Order4.
(1)
Subject to the provisions of this Order, including the requirements in Schedule 2 (requirements), the undertaker is granted development consent for the authorised development to be carried out within the Order limits.
(2)
Any enactment applying to land within, adjoining, or sharing a common boundary with the Order limits has effect subject to the provisions of this Order.
Limits of deviation5.
(1)
Subject to the following provisions of this article, the undertaker must construct the authorised development within the Order limits.
(2)
In constructing and maintaining the non-linear works comprised in the authorised development, the undertaker may deviate laterally within the limits of deviation for those works shown on the works plans.
(3)
In constructing or maintaining the linear works comprised in the authorised development—
(a)
in the case of linear works for which limits of deviation are shown on the works plans, the undertaker may deviate laterally from the lines or situations shown on those plans to the extent of the limits of deviation; and
(b)
in the case of linear works for which limits of deviation are not shown on the works plans, the undertaker may deviate laterally from the lines or situations shown on those plans to the extent of the Order limits.
(4)
In constructing and maintaining the part of the new bridge comprising Work No.1D, the undertaker—
(a)
must not, unless otherwise agreed with the harbour authority, construct any tidal work within the part of Lake Lothing which is located between the two areas identified in paragraph (5); and
(5)
The two areas referred to in paragraph (4) are—
(a)
in relation to the pier located to the south of the north quay of Lowestoft Harbour, the area between the north quay wall and the outer edge of the fenders surrounding that pier; and
(b)
in relation to the pier located to the north of the south quay of Lowestoft Harbour, the area between the south quay wall and the outer edge of the fenders surrounding that pier.
(6)
In constructing and maintaining the authorised development, the undertaker may deviate vertically from the levels shown on the engineering section drawings and plans—
(a)
to any extent upwards as the undertaker considers to be necessary or convenient but not exceeding 0.5 metres or, in relation to the parts of the authorised development referred to in column (1) of the table below, not exceeding the limit for each such part set out in the corresponding entry in column (2) of that table; and
(b)
subject to paragraph (7), to any extent downwards as the undertaker considers to be necessary or convenient, except in relation to the parts of the authorised development referred to in column (1) of the table below, where the extent of permitted downwards deviation for each such part is set out in the corresponding entry in column (3) of that table.
(1) Numbered Work | (2) Upwards vertical limit of deviation | (3) Downwards vertical limit of deviation |
|---|---|---|
Work No. 1A | 1 metre | 1.5 metres |
Work No. 1B | 1 metre | 2.3 metres |
Work No. 1C | 1 metre | 4 metres |
Work No. 1D | 1 metre | 2.5 metres |
Work No. 1E | 1 metre | 1.1 metres |
Work No. 5 | 1.5 metres | - |
Work No. 6 | 5 metres | 2.5 metres |
(7)
Paragraph (6)(b)—
(a)
does not prevent the undertaker, in constructing the piles comprising part of each of Work Nos. 1B, 1C, 1D and 1E, from deviating to any extent downwards as the undertaker considers to be necessary or convenient;
(b)
does not permit the undertaker in constructing the bridge deck between piers within Lake Lothing, comprising part of Work No. 1D, to deviate downwards to a level which is less than 12 metres above Highest Astronomical Tide;
(c)
does not prevent the undertaker, in constructing the lifting elements of the superstructure of the new bridge, comprising part of Work No. 1D, from deviating by up to 2.5 metres above the levels shown on the engineering section drawings and plans (mainline long section sheet 2 of 2), and to any extent downwards as the undertaker considers to be necessary or convenient; and
(d)
does not permit the undertaker in constructing the bridge deck comprising part of Work No. 1B, to deviate downwards to a level which provides less than 4.9 metres headroom above the running rail of the railway.
(8)
The undertaker must not undertake any capital dredge to a depth lower than—
(a)
6.4m below chart datum in respect of works in Lake Lothing except Work No.7; and
(b)
3m below chart datum in respect of Work No.7,
unless the undertaker has demonstrated to the MMO and the MMO has agreed in writing that dredging to a depth lower than those set out in sub-paragraphs (a) and (b) would not give rise to any materially new or materially different environmental effects than those assessed in the environmental statement.
(9)
Without limitation on the scope of paragraphs (2) to (7) in constructing or maintaining the authorised development the undertaker may—
(a)
deviate by up to 3 metres from the points of commencement and termination of any of the linear works, except in the case of the coterminous point of termination and commencement of Work Nos 1A and 1B, from which the undertaker may deviate by up to 10 metres in a north-easterly direction following the centreline of Work No. 1A, and by up to 3 metres in a south-westerly direction following the centreline of Work No. 1B; and
(b)
deviate from the design of the new bridge or bridge structure shown on the engineering section drawings and plans, provided that any such deviation is in accordance with the final version of the design guidance manual approved under paragraph 3(2) of Schedule 2.
(10)
In this article, references to—
(a)
“linear works” are references to any works shown on the works plans by way of centre lines; and
(b)
“non-linear works” are references to any other works shown on the works plans.