The Lake Lothing (Lowestoft) Third Crossing Order 2020

PART 1 GENERAL

Interpretation

1.  In this licence—

“the 2008 Act” means the Planning Act 2008;

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

“AB Ports” means Associated British Ports, company reference number ZC000195, whose registered office address is 25 Bedford Street, London WC2E 9ES;

“the authorised development” has the meaning given in paragraph 3(2);

“commence” means beginning to carry out any part of a licensed activity and “commenced” and “commencement” are to be construed accordingly;

“condition” means a condition in Part 2, Part 3 and Part 4 of this licence;

“construction activity” means—

(a)

any licensed activity to be undertaken during the construction of the authorised development; and

(b)

any licensed activity to be undertaken for the purposes of maintaining the authorised development, with the exception of any maintenance dredging activity;

“capital dredging activity” means an activity which comprises the excavation of the seabed, in an area or down to a level (relative to Ordnance Datum) not previously dredged during the preceding 10 years;

“the environmental statement” means the documents of that description as reference in Schedule 14 (documents to be certified) to the Order, certified by the Secretary of State for the purposes of the Order;

“the harbour authority” means AB Ports in its role as the owner and operator of, and the statutory harbour authority for, Lowestoft Harbour as established by section 8 of, and paragraph 2 of Schedule 3 to the Transport Act 1981(1);

“the harbour master” has the same meaning as is given to that term in article 2 of the Order;

“Lake Lothing” means the navigable saltwater lake within the town of Lowestoft in the area of East Suffolk Council between the North Sea and Oulton Broad, as identified by reference points 652111E, 292801N, 655207E, 292615N respectively;

“the licence holder” means the undertaker or any transferee under article 49 (transfer of benefit of Order, etc) of the Order;

“licensed activity” means any of the activities specified in Part 1 of this licence;

“maintenance dredging activity” means any activity which comprises the removal of recently-accumulated sediments such as mud, sand and gravel in order to keep channels, berths and other areas at their designed depths and which takes place in circumstances where—

(a)

the level of the seabed to be restored by the dredging is not lower than it has been at any time during the past 10 years; and

(b)

there is evidence that dredging has previously been undertaken to that level (or lower) during that period;

“marine pollution contingency plan” means the plan as required by condition 8 of this licence;

“the Order” means the Lake Lothing (Lowestoft) Third Crossing Order 2020; and

“the scheme-wide written scheme of investigation” means the document of that description as identified in Schedule 14 to the Order, and certified by the Secretary of State as the scheme-wide written scheme of investigation for the purposes of the Order;

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.

(3) Unless otherwise stated in writing by the MMO, all notices required by this licence to be sent by the licence holder to the MMO must be sent by email.

Details of licensed marine activities

3.—(1) Subject to the licence conditions in Part 2, this licence authorises the licence holder (and any agent, contractor or subcontractor acting on its 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; and

(b) are not exempt from requiring a marine licence by virtue of any provision made under section 74 (exemption specified by order) of the 2009 Act.

(2) In this paragraph “the authorised development” means—

(a) the construction of piers in Lake Lothing;

(b) the construction of piles and pile caps within Lake Lothing supporting piers and fendering;

(c) the construction of fendering within Lake Lothing;

(d) the construction of a mooring within Lake Lothing;

(e) the powers conferred by article 44(1) (subsidiary works and operations in Lake Lothing) of the Order;

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

(i) activities within Lake Lothing to—

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

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

(cc) carry out dredging, which may include such dredging works as may be required to provide side slopes or otherwise secure the dredged area against siltation, scouring or collapse;

(dd) 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(2)) obtained in carrying out any such operations;

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

(ff) temporarily remove, alter, strengthen, interfere with, occupy and use the banks, bed, foreshore, waters and walls of the lake;

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

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

(ii) other works and development—

(aa) 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 and security cameras;

(bb) 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; and

(cc) to alter the course of, or otherwise interfere with, navigable or non-navigable watercourses;

(iii) such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance, operation or use of the authorised development, including—

(aa) works to divert, remove or replace apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines; and

(bb) landscaping and other works to mitigate any adverse effect of the construction, maintenance and operation of the works or to benefit or protect any person or premises affected by the construction, maintenance and operation of the works; and

(iv) activities to carry out works and development of whatever nature, as may be necessary or expedient for the purposes of, or for purposes associated with or ancillary to, the operation and maintenance of the authorised development; and

(g) any other development within the meaning of section 32 (meaning of “development”) of the 2008 Act that is authorised by the Order.

(3) The coordinates for the area of Lake Lothing within which the licence holder may carry out licensed activities except for the disposal of materials at sea are specified below and more particularly shown on the works plans—

Point reference	Northing	Easting
1	52.474911207	1.733489517
2	52.474849891	1.733838101
3	52.474859620	1.733843345
4	52.474284891	1.737130879
5	52.473912859	1.739236608
6	52.473894308	1.739340178
7	52.472403935	1.739857854
8	52.472377859	1.739259917
9	52.472651586	1.739120380
10	52.472715280	1.739125784
11	52.473064828	1.738231175
12	52.473243521	1.737535204
13	52.473977989	1.733117287

(4) The licence holder must ensure that dredged material approved for disposal at sea pursuant to condition 15(4) must be disposed of within the disposal site TH005 Lowestoft Circular North within the coordinates set out in the table below (or any other disposal site approved in writing by the MMO).

Northing	Easting
52.48163	1.7867
52.48161	1.786138
52.48156	1.785583
52.48147	1.785042
52.48135	1.784515
52.4812	1.784013
52.48102	1.783538
52.4808	1.783098
52.48056	1.782697
52.4803	1.782337
52.48002	1.782023
52.47971	1.781758
52.4794	1.781547
52.47907	1.78139
52.47873	1.78129
52.47839	1.781247
52.47804	1.781262
52.4777	1.781333
52.47737	1.781462
52.47705	1.781647
52.47674	1.781885
52.47644	1.782173
52.47617	1.782512
52.47592	1.782893
52.47569	1.783315
52.47549	1.783772
52.47532	1.784262
52.47518	1.784775
52.47508	1.78531
52.47501	1.78586
52.47497	1.78642
52.47497	1.78698
52.47501	1.78754
52.47508	1.78809
52.47518	1.788625
52.47532	1.789138
52.47549	1.789628
52.47569	1.790085
52.47592	1.790507
52.47617	1.790888
52.47644	1.791227
52.47674	1.791515
52.47705	1.791753
52.47737	1.791938
52.4777	1.792067
52.47804	1.792138
52.47839	1.792153
52.47873	1.79211
52.47907	1.79201
52.4794	1.791853
52.47971	1.791642
52.48002	1.791377
52.4803	1.791063
52.48056	1.790703
52.4808	1.790302
52.48102	1.789862
52.4812	1.789387
52.48135	1.788885
52.48147	1.788358
52.48156	1.787817
52.48161	1.787262

(1)

1981 c.56.

(2)

1995 c. 21