The Lake Lothing (Lowestoft) Third Crossing Order 2020

PART 1 REQUIREMENTS

Interpretation

1.  In this Schedule—

“county planning authority” means Suffolk County Council in its role as county planning authority for the county of Suffolk under section 1(1)(a) of the 1990 Act(1);

“drainage strategy” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the drainage strategy for the purposes of this Order and which sets out the principles for the design and mitigation measures associated with the drainage of the authorised development;

“ground investigation report” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the ground investigation report for the purposes of this Order;

“highway lighting plan” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the highway lighting plan for the purposes of this Order and which set out the proposed highway lighting to be implemented as part of the authorised development;

“interim code of construction practice” means the document of that description as referenced in Schedule 14 (documents to be certified) 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;

“landscaping plans” means the plans of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the landscaping plans for the purposes of this Order and which set out the principles for the proposed landscaping to be implemented as part of the authorised development;

“new bridge operating signals risk assessment” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the new bridge operating signals risk assessment for the purposes of this Order;

“piling works risk assessment” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the piling works risk assessment for the purposes of this Order;

“scheme-wide written scheme of investigation” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as the scheme-wide written scheme of investigation for the purposes of this Order and which sets out the framework to control the impacts of the authorised development on heritage assets; and

“transport assessment” means the document of that description as referenced in Schedule 14 (documents to be certified) certified by the Secretary of State as transport assessment for the purposes of this Order and which sets out an assessment of the impact of the Scheme on the surrounding highway network.

Time limit for commencement of the authorised development

2.  The authorised development must commence within 5 years of the date on which this Order comes into force.

Design of the authorised development

3.—(1) The authorised development must be designed and implemented in general accordance with the general arrangement plans.

(2) Prior to the commencement of the authorised development the undertaker must submit to the county planning authority a final version of the design guidance manual for approval.

(3) The county planning authority must consult the local planning authority before approving the final version of the design guidance manual under sub-paragraph (2).

(4) The final version of the design guidance manual submitted under sub-paragraph (2) must be in accordance with the interim design guidance manual.

(5) The authorised development must be designed and implemented in accordance with the final version of the design guidance manual approved under sub-paragraph (2).

(6) No part of the authorised development which comprises the construction or improvement of a highway may commence until written details of those works have been submitted to and approved by the county planning authority.

(7) For the purposes of paragraph (6) “written details” means—

(a) highway cross-sections and long sections;

(b) details of earthworks, pavement construction, materials, carriageway layout, footways and cycleways, road restraints, road markings, traffic signs, traffic signals, crossing facilities, and street lighting;

(c) details of approach ramps, engineered fill, retaining structures, piles and foundations where those details have not already been submitted by the undertaker to the county planning authority as part of a scheme bridge approval in principle report pursuant to Volume 1 Section 1 Part BD2/12 (Technical Approval of Highways Structures) of Highways England’s Design Manual for Roads and Bridges; and

(d) any other details requested by the county planning authority prior to or within 14 days of receiving a submission by the undertaker under paragraph (6).

Code of construction practice

4.—(1) No part of the authorised development may commence until a code of construction practice for that part of the authorised development has been submitted to the county planning authority by the undertaker following consultation with the Environment Agency, the harbour authority and the local planning authority and the submitted code of construction practice has been approved by the county planning authority.

(2) Any code of construction practice produced under sub-paragraph (1) must be in accordance with the interim code of construction practice.

(3) The authorised development must be carried out in accordance with the code of construction practice produced under sub-paragraph (1).

Landscaping scheme

5.—(1) No part of the authorised development may commence until a written landscaping scheme for the authorised development has been submitted to the county planning authority by the undertaker following consultation with the local planning authority and the written landscaping scheme has been approved in writing by the county planning authority.

(2) Any landscaping scheme prepared under sub-paragraph (1) must be in general accordance with the landscaping plans and set out details of all proposed hard and soft landscaping works, including—

(a) location, number, species, size and planting density of any proposed planting;

(b) cultivation, importing of materials and other operations to ensure plant establishment;

(c) proposed finished ground levels;

(d) hard surfacing materials;

(e) ecological areas;

(f) details of any existing trees to be retained;

(g) details of the maintenance regime for the landscaping scheme; and

(h) implementation timetables for all landscaping works.

(3) All landscaping works must be carried out and maintained to a reasonable standard in accordance with the relevant recommendations of appropriate British Standards or other recognised codes of good practice.

Surface water drainage

6.—(1) No part of the authorised development which comprises any part of a surface water drainage system may commence until written details of that surface water drainage system have been submitted to the county planning authority by the undertaker following consultation with the local planning authority, the harbour authority and the surface water drainage system has been approved in writing by the county planning authority.

(2) The surface water drainage system submitted for approval by the county planning authority under sub-paragraph (1) must be in accordance with the drainage strategy.

(3) The surface water drainage system must be constructed in accordance with the approved details referred to in sub-paragraph (1).

Highways lighting

7.—(1) No part of the authorised development may commence until a written scheme of the proposed highway lighting to be provided for that part of the authorised development has been submitted to the county planning authority by the undertaker following consultation with the local planning authority and the harbour authority and the written scheme of the proposed highway lighting for that part of the authorised development has been approved in writing by the county planning authority.

(2) The written scheme of proposed highway lighting submitted for approval by the county planning authority under sub-paragraph (1) must be in accordance with the highway lighting plan.

(3) The authorised development must be carried out in accordance with the scheme approved under sub-paragraph (1).

(4) Nothing in this requirement restricts lighting of the authorised development during its construction or where temporarily required for maintenance.

Contaminated land and groundwater

8.—(1) The undertaker must carry out further ground investigation surveys—

(a) as near as reasonably practicable to boreholes BHC06 and BHC101 referred to in the ground investigation report, prior to the commencement of the construction of Work No. 1E; and

(b) of land within the limits of deviation of Work No. 5, prior to the commencement of the construction of Work No. 5.

(2) In the event that contaminated land, including groundwater—

(a) which was not previously identified in the environmental statement is found at any time when carrying out the authorised development; or

(b) is encountered following the further ground investigation of boreholes BHC06 and BHC101 referred to in the ground investigation report carried out under sub-paragraph (1)(a); or

(c) is encountered whilst following the further ground investigation within the limits of deviation of Work No. 5 carried out under sub-paragraph (1)(b),

it must be reported as soon as reasonably practicable to the county planning authority, the local planning authority, the Environment Agency, and, in the event of any contaminated land, including groundwater, being found within Lowestoft Harbour, the harbour authority.

(3) As soon as reasonably practicable (and in any event not later than 30 days) following the submission of a report pursuant to sub-paragraph (1), the undertaker must submit for approval a scheme to the county planning authority setting out how the nature and extent of contamination on site will be assessed by way of an investigation and risk assessment.

(4) The undertaker must implement the approved scheme and upon completion of it submit for approval to the county planning authority a written report of the findings of the scheme.

(5) If the county planning authority determines, following receipt of the report submitted by the undertaker pursuant to sub-paragraph (4), that remediation of the contaminated land is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose, must be submitted for approval by the county planning authority.

(6) Remediation must be carried out in accordance with the scheme approved under sub-paragraph (5).

(7) Following completion of the remediation carried out pursuant to sub-paragraph (5), a verification report that demonstrates the effectiveness of the remediation carried out must be submitted to the county planning authority for approval.

(8) In this paragraph, where approval or determination is sought by the undertaker from the county planning authority, before giving any approval or determination the county planning authority must consult with the local planning authority, the Environment Agency and, where the approval or determination relates to matters within Lowestoft Harbour, the harbour authority.

Mooring

9.  The new bridge must not be opened for traffic until Work No. 7 has been made available for use by recreational vessels.

Written schemes of investigation

10.  The authorised development must be carried out in accordance with the scheme-wide written scheme of investigation.

Navigation risk assessment

11.—(1) Prior to commencement of construction of the new bridge and following consultation with the harbour authority, the undertaker must undertake a vessel simulation which takes account of the final design of the new bridge.

(2) Prior to commencement of construction of the new bridge and following consultation with the harbour authority and the PMSC Stakeholder Group, the undertaker must update the preliminary navigation risk assessment to take account of the final design and construction methodology of the new bridge and, in doing so, must use the results of the vessel simulation carried out under sub-paragraph (1).

(3) Following the update of the preliminary navigation risk assessment carried out pursuant to sub-paragraph (2), the undertaker must submit the updated navigation risk assessment to the harbour authority for its approval, which must not be unreasonably withheld.

(4) Following construction of the new bridge the harbour authority must incorporate the updated navigation risk assessment approved by it under sub-paragraph (3) into the wider navigational risk assessments relating to Lowestoft Harbour.

(5) The construction and operation of the new bridge must be carried out in accordance with the updated navigation risk assessment approved under sub-paragraph (3) and, subject to sub-paragraph (6), in accordance with any further updated navigation risk assessment prepared by the harbour authority in consequence of sub-paragraph (4).

(6) The obligation under sub-paragraph (5) to operate the new bridge in accordance with any further updated navigation risk assessment prepared by the harbour authority in consequence of sub-paragraph (4) is subject to the terms of a determination under article 62 of any dispute between the undertaker and the harbour authority that may arise relating to that further updated navigation risk assessment.

(7) Article 62 applies to any dispute arising under this paragraph between the undertaker and the harbour authority in place of the provisions of Part 2 of this Schedule.

Traffic mitigation

12.—(1) The authorised development must not be opened for traffic until the undertaker has carried out and completed the following works—

(a) the installation of equipment to adapt traffic signals at the junction of the existing A12 Tom Crisp Way and the existing Blackheath Road;

(b) the widening of the existing Peto Way approach to the existing A1117 Normanston Drive/Peto Way roundabout; and

(c) the widening of the left turn kerb radius at the existing Kimberley Road for traffic turning left into that road from the existing B1531 Waveney Drive, at the existing Kimberly Road/B1531 Waveney Drive junction.

(2) The works required by sub-paragraph (1) must not commence until written details of the works have been submitted to and approved by the county planning authority, following consultation with the local planning authority.

(3) The undertaker must not utilise the power under article 53 and Schedule 11 to make provision for the prohibition of motorised vehicles on the existing Durban Road except for emergency vehicles and the motorised vehicles of owners, occupiers and visitors to No 1b Durban Road, as shown on sheet 1 of the traffic regulation measures plans (clearways and prohibitions), until it has exercised the powers under article 53 and Schedule 11 to make provision for no waiting at any time and no loading or unloading at any time as shown on sheet 3 of the traffic regulation measures plans (clearways and prohibitions).

(4) The undertaker must, in 2027 and 2037, undertake a review of the performance of the junctions described as junctions 6, 18 and 22 in the transport assessment.

(5) Following completion of each of the reviews required by sub-paragraph (4), the undertaker must submit for approval a report of that review to the county planning authority.

(6) Upon receipt of that report, the county planning authority must, within 8 weeks of receiving a report under sub-paragraph (5) determine—

(a) if any remedial measures are required at any of the junctions listed in sub-paragraph (4) having regard to the expected performance of these junctions in 2037 set out in the transport assessment; and

(b) whether such remedial measures must be carried out by the undertaker.

(7) If the county planning authority determines that the undertaker must implement those remedial measures, the undertaker must implement them.

Piling works risk assessment

13.—(1) No piling work to be carried out as part of the authorised development may be undertaken until the undertaker has submitted an update to the piling works risk assessment for approval to the Environment Agency.

(2) Any piling work to be carried out as part of the authorised development must be in undertaken in accordance with the recommendations of the updated piling works risk assessment approved under sub-paragraph (1).

New bridge operating signals

14.  The operating signals of the new bridge must be operated in accordance with the new bridge operating signals assessment or any update to that assessment as may be submitted to and approved by the county planning authority.

Amendment to approved details

15.  With respect to any requirement which requires the authorised development to be carried out in accordance with the details approved under this Part of this Schedule, the approved details are taken to include any amendments that may subsequently be approved in writing by the body responsible for approving the details for that requirement, following consultation by the undertaker with the Environment Agency, the harbour authority or the local planning authority (where required to do so by the requirement) and the undertaker demonstrating to the body responsible that the amended details would not give rise to any materially new or materially different environmental effects than those assessed in the environmental statement.

(1)

1990 c. 8.